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01/15/2025 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, January 15, 2025 Marathon, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 10:00 a.m. at the Marathon Government Center, and via Communication Media Technology. Present and answering to roll call were Commissioner Craig Cates, Commissioner Michelle Lincoln, Commissioner Holly Merrill Raschein, Commissioner David Rice, and Mayor James K. Scholl. Also present at the meeting were Christine Hurley, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, County Clerk; Liz Yongue, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS & DELETIONS A Motion was made by Commissioner Lincoln and seconded by Commissioner Raschein granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B1 Badge Pinning and Oath Presentation of 11 new members of Monroe County Fire Rescue, as follows: Firefighter/EMT Rolando Avila, Firefighter/EMT Andres Bianco, Firefighter/EMT Gavin Gonzalez, Firefighter/EMT Jean Joseph, Firefighter/Paramedic Yosvany Lorenzo, Firefighter/EMT Cole McDaniel, Firefighter/Paramedic Rogelio Medina, Firefighter/EMT Alexander Rodriguez, Firefighter/EMT Henry Santana, Firefighter/EMT Juan Vigueras and Firefighter/Paramedic Jorge Yohay. B2 Presentation of Year of Service Award in recognition of 10 years of service to Lieutenant Jen Brack, with Monroe County Fire Rescue. BULK APPROVALS Motion was made by Commissioner Cates and seconded by Commissioner Lincoln granting approval of the following items by unanimous consent: C1 Board granted approval of a U.S. Department of Justice, Bureau of Justice Assistance Fiscal Year 2024 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation, in the amount of$14,569.00. to support Monroe County Probation Services case management Page 11 1/15/2025 technology; and authorized the Director of Budget and Finance to execute acceptance of the award and related grant documents. C2 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with Antonio Gandia, M.D., for Medical Director Services, to extend the term of the Agreement through September 30, 2025. C3 Board adopted the following Resolutions concerning the Transfer of Funds and the Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 001-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 002-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 003-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 004-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 005-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 006-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 007-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 008-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 009-2025 Said Resolution is incorporated herein by reference. Page 2 1/15/2025 Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 010-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 011-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 012-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 013-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 014-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 015-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 016-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 017-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 018-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 019-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 020-2025 Said Resolution is incorporated herein by reference. Page 3 1/15/2025 Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 021-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 022-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 023-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 024-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 025-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 026-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 027-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 028-2025 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 29). RESOLUTION NO. 029-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 030-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 031-2025 Said Resolution is incorporated herein by reference. Page 4 1/15/2025 Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 032-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 033-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 34). RESOLUTION NO. 034-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO. 035-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 36). RESOLUTION NO. 036-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 37). RESOLUTION NO. 037-2025 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 38). RESOLUTION NO. 038-2025 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 39). RESOLUTION NO. 039-2025 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 40). RESOLUTION NO. 040-2025 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 41). RESOLUTION NO. 041-2025 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 42). RESOLUTION NO. 042-2025 Said Resolution is incorporated herein by reference. Page 5 1/15/2025 Transfer of Funds (OMB Schedule Item No. 43). RESOLUTION NO. 043-2025 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 44). RESOLUTION NO. 044-2025 Said Resolution is incorporated herein by reference. C4 Board granted approval and authorized execution of an Agreement with Motorola Solutions, Inc., to purchase 20 APX NEXT radios, in the amount of$173,288.60, to replace Emergency Management radios. C5 Board granted approval of Grant Agreement No. 25SRP18 with the State of Florida, Department of Environmental Protection, Resilient Florida Grant Program, for the Sands Neighborhood Roads and Stormwater Improvements Project(Big Pine Key), in the amount of $12,225,289.00, with an equivalent match amount of$12,225,289.00, expiring June 30, 2027; and authorized the County Administrator to execute the Agreement and all amendments and related documents C7 Board adopted the following Resolution for approval of a Memorandum of Understanding with the State of Florida, Department of Transportation, for administration of the National Environmental Policy Action Project Development and Environment Study for replacement of Card Sound Road Bridge No. 904990, Project No. FM-453765-1. RESOLUTION NO. 045-2025 Said Resolution is incorporated herein by reference. C8 Board granted approval of a License Agreement with the U.S. Department of the Navy, for non-federal use of the described real property License (Contract) No: N69450-24-RP-00111, at Key West Boca Beach. C10 Board granted approval to advertise a Public Hearing regarding a request from Reef Environmental Education Foundation, Inc. (REEF), for a temporary road closure of a small portion of Bahama Road in Key Largo on April 27, 2025, from 10:00 a.m. to 5:00 p.m. for REEF's annual Lionfish Derby and Festival. C11 Board granted approval to advertise a Public Hearing to be held at the February 19, 2025 regular meeting, to consider an amendment to Chapter 18-27 of the Monroe County Code of Ordinances regarding the Monroe County Parks and Beaches School Break Camp Program, to modify the fees to include field trips in accordance with recent audit findings. C12 Board accepted the Report of monthly Change Orders for the month of December 2024, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. Page 16 1/15/2025 C13 Board granted approval and authorized the execution of a Contract No. AA2529 between Alliance for Aging, Inc. and Monroe County Board of County Commissioners, Social Services/In-Home Services, which provides funding, in the amount of$719,281.00, sourced from Older Americans Act funds, retroactive to January 1, 2025 and expiring December 31, 2025. C14 Board granted approval to advertise a Request for Proposals for Food Service Meal Catering for the Senior Nutrition Program, offered through the Monroe County Social Services Department. C15 Board granted approval to ratify a 3rd Amendment to the Agreement with DLT Solutions, LLC, to include Exhibit A, which was inadvertently excluded from the Amendment when it was presented to the Board at the December 11, 2024 regular meeting. The 3rd Amendment extended the contract to April 20, 2026, and approved additional services to help optimize and extend the Oracle Permitting and Licensing (OPAL) application which supports the County's Building, Planning, Code Compliance, and Fire Rescue Departments, in the amount of $52,755.00, and updated standard terms and conditions to comply with recent laws related to governmental contracting. C16 Board granted approval and authorized execution of a 1st Amendment to the Agreement with Biscayne Towing & Salvage, Inc., for Artificial Reef Materials Deployment to Gulfside Ten (10) Mile Reef(RFP-568), to authorize Monroe County Director of Artificial Reefs Program to exercise her discretion to extend the desired deployment completion date beyond January 31, 2025, at no cost to the County, as a result of unpredictable or unfavorable weather conditions beyond the parties' control. C17 Board adopted the following Resolution implementing the new Use of Property Policy with respect to the use of County owned or operated property by non-county entities; rescinding any other rules and regulations pertaining to use of such property; and providing an effective date. Additionally, the Resolution also rescinds Resolution No. 074-2022, as it has been incorporated into the Use of Property Policy. RESOLUTION NO. 046-2025 Said Resolution is incorporated herein by reference. C18 Board granted approval to establish a new Capital Projects Fund, Fund 318, Infrastructure Sales Surtax Revenue Bonds, Series 2025. C19 Board granted approval to advertise a Public Hearing for a Budget Amendment to Fund 155, Affordable Housing Initiative. C20 Board granted approval to terminate a Purchase and Sale Agreement with South Cliff Holdings LLC, to purchase a parcel of land in Key Largo, currently having Property Identification No. 00484390-000000, in an amount of$11,950,000.00 plus certain costs, for affordable workforce housing. Page 17 1/15/2025 C21 Board adopted the following Resolution amending Resolution 075-2022 to eliminate Item 80 from the potential solution list of projects within Appendix G of the approved U.S. 1 Transportation Master Plan, which could alleviate congestion on U.S. 1 and assist in improving the level of service on U.S. L; and forward the prioritized recommendation to the State of Florida, Department of Transportation. RESOLUTION NO. 047-2025 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL D1 Board granted approval and authorized execution of a 1st Amendment to the Agreement with City of Marathon, for the City of Marathon Beach Cleaning, to amend the Agreement to pay for Fiscal Year 2024 invoices in Fiscal Year 2025. D2 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with City of Key West, for the Key West Coffee Butler Amphitheater Phase III Project, to extend the completion date to December 31, 2025. D3 Announcement of one vacant position on the Tourist Development Council District IV Advisory Committee for one "At Large" appointment. D4 Board granted approval to advertise a Request for Applications for Fiscal Year 2026 Capital Project Funding. D5 Board granted approval to advertise a Request for Applications for Fiscal Year 2026 Destination and Turnkey Events. D6 Board granted approval to update Section 11 of the Tourist Development Council (TDC) Operations Manual to add reusable totes and reusable drawstring bags to the permissible promotional items for TDC funded events. D7 Board granted approval to pay for expenditures incurred by Agreements between 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys (VFK) and Bandwango, Inc. for Visitor Experience Services, in the amount of$6,500.00, and to waive the purchasing policy requirement to obtain price quotes for services; and between VFK and Florida International University Board of Trustees, for sponsorship of the South Beach Food and Wine Festival, in the amount of$8,000.00. These agreements were previously contracted by the public relations agency of record which are now transitioned to and handled by VFK. COUNTY LAND ACQUISITION AND LAND MANAGEMENT F 1 Board adopted the following Resolution requesting that the Monroe County Land Authority convey real property described as Block 24, Lot 8, Sands (PB 1-65), located at 31373 Page 18 1/15/2025 Avenue C, on Big Pine Key, having Property Identification No. 00302940-000000, to Monroe County; committing to lease the subject property to Habitat for Humanity of Key West and Lower Florida Keys, Inc. for development with affordable housing; and authorizing the Mayor to sign a Land Use Restriction Agreement. RESOLUTION NO. 048-2025 Said Resolution is incorporated herein by reference. F2 Board granted approval of a 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., for Part East 1/2 of Northeast 1/4 of Section 26 Township 66 Range 29, Big Pine Key, having Property Identification No. 00111360- 000500; 81 County Road, bay side of Big Pine Key, near mile marker 31. F3 Board granted approval of a 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., for Square 2, Lot 18, Dario's Subdivision (PB 3-92), having Property Identification No. 00300580-000000, 252 Sands Road, bay side of Big Pine Key, near mile marker 31. F4 Board granted approval of a 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., Block 22, Lot 15, Big Pine Cove (PB 3-121), having Property Identification No. 00308540-000100, 31562 Avenue D, bay side of Big Pine Key, near mile marker 31. F5 Board granted approval of a 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., Block 22, Lot 16, Big Pine Cove (PB 3-121), having Property Identification No. 00308540-000000, 31568 Avenue D, bay side of Big Pine Key, near mile marker 31. F6 Board granted approval of a 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., Block 22, Lot 17, Big Pine Cove (PB 3-121), having Property Identification No. 00308540-000200, 31574 Avenue D, bay side of Big Pine Key, near mile marker 31. AIRPORTS I1 Board granted approval to advertise a Request for Proposals for the Key West Noise Insulation Program (NIP) Construction Project, Group 2, consisting of up to 10 homes, funded by an anticipated Federal Aviation Administration Grant(90%) and Airport Operating Fund 404 (10%). I2 Board granted approval of a sponsorship donation, in the amount of$500.00, from Key West International Airport to the United Way of Collier and the Florida Keys for its Community Resource Guide, in accordance with Resolution 123-2021. Page 19 1/15/2025 I3 Board granted approval to adopt Key West International Airports Title VI Plan and Community Participation Plan. I4 Board accepted the Report of Airport Change Orders reviewed by the County Administrator/Assistant County Administrator for the month of December 2024. Said report is incorporated herein by reference. I5 Board granted approval and authorized execution of an Interlocal Agreement with the Utility Board of the City of Key West, Florida d/b/a Keys Energy Services, regarding transformer replacement obligations for Concourse A at Key West International Airport. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J2 Board adopted the following Resolution extending the County's existing reservation of three moderate-income affordable housing Rate of Growth Ordinance allocations for proposed affordable housing dwelling units at Brinton Environmental Center, located at 23800 Overseas Highway, Summerland Key, Monroe County, Florida, currently having Property Identification No. 00114850-000000, until December 13, 2025, for Building Permit issuance. RESOLUTION NO. 049-2025 Said Resolution is incorporated herein by reference. J3 Board adopted the following Resolution approving funding, in the amount of $10,000,000.00, to the City of Key West Housing Authority, for construction of 20 affordable rental units at Poinciana Plaza, utilizing accumulated surplus Tourist Development Tax and Tourist Impact Tax revenues collected through September 30, 2024, to provide housing that is affordable and available to employees of private sector tourism-related businesses in the County in accordance with Chapter 2024-219, Laws of Florida. RESOLUTION NO. 050-2025 Said Resolution is incorporated herein by reference. CLOSED SESSION K3 Board granted approval to purchase devices and maintenance, in the amount of $98,855.84, to support information technology critical infrastructure and enhance the security features of the County's network systems. COMMISSIONER'S ITEM L1 Board granted approval of Mayor Scholl's re-appointment of Steven "Steve" Torrence to the Monroe County Human Services Advisory Board, with a term expiring October 16, 2026. Page 110 1/15/2025 COUNTY CLERK M1 Board granted approval of the minutes from the September 11, 2024 regular meeting and September 11, 2024 budget meeting. Said minutes are incorporated herein by reference. M2 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said inventory is incorporated herein by reference. M3 Board granted approval of Tourist Development Council expenses for the month of December 2024, as follows: Vendor Amount Advertising $0.00 Bricks & Mortar Projects $6,391.41 Events $45,912.00 Office Supplies & Operating Costs $149,275.14 Personnel Services $204,211.58 Public Relations $71,076.35 Sales & Marketing $30,314.33 Telephone & Utilities $15,299.13 Travel $5,359.81 Visitor Information Services $83,934.03 M4 Board granted approval of BOCC Warrants 10142040-10143155 (AP); 31061-31161 (WC); all payroll direct deposited to employee's bank accounts for the month of December 2024, as follows: Fund Fund Title Amount 001 General Fund $61,200,412.26 100 Affordable Housing Programs $27,000.00 101 Fine & Forfeiture $1,589,175.46 102 Road/Bridges $980,246.69 104 Middle Keys Health Care MSTU $2,085,497.62 115 TDC -Two Penny $1,951,339.33 116 TDC - Admin Promo 2 Cent $2,910,128.44 117 TDC - District 1 Third Cent $2,554,822.43 118 TDC - District 2 Third Cent $407,103.98 119 TDC - District 3 Third Cent $1,077,046.42 120 TDC - District 4 Third Cent $610,555.85 121 TDC - District 5 Third Cent $927,093.76 125 Grant Fund $1,934,626.95 130 Impact Fees/Roadways $70,200.00 131 Impact Fees/Parks $35,100.00 133 Impact Fees/Solid Waste $10,800.00 Page 11 1/15/2025 Fund Fund Title Amount 135 Impact Fees/Fire Facilities $16,200.00 141 Fire/Ambulance $2,152,425.92 147 Unincorporated Service $501,774.61 148 Planning Building $1,538,564.87 149 Municipal Policing $996,182.50 150 E911 Enhancement Fund $89,532.15 152 Duck Key Security $31,307.01 153 Local Housing Assistance $561,173.61 155 Affordable Housing Initiative $21,600.00 157 Boating Improvement Fund $331,365.25 158 Miscellaneous Special Revenue Fund $476,531.36 162 Law Enforcement Trust-600 $62,100.00 160 Environmental Restoration $676,227.41 163 Court Facilities $445,130.18 164 Drug Facilities Fees $5,400.00 177 Canal No. 266 MSBU $13,500.00 180 Building Funds $816,986.71 207 2003 Revenue Bonds $3,418,237.64 304 1 Cent Infrastructure $2,056,365.18 316 Land Acquisition $210.00 401 Card Sound Bridge $542,318.12 403 Marathon Airport $716,709.32 404 Key West International Airport $4,639,973.67 405 Key West International Airport Series $351,391.45 2022 Revenue Bonds 406 PFC & Operating Restrictions $237,600.00 414 MSD Solid Waste $4,190,243.12 501 Workers' Compensation $669,081.43 502 Group Insurance Fund $3,717,312.31 503 Risk Management Fund $992,717.18 504 Fleet Management Fund $494,110.34 610 Fire/EMS LOSAP Trust Fund $62,580.00 SHERIFFS OFFICE N1 Board granted approval of a Request for Expenditure from Law Enforcement Trust Fund, as follows: $7,000.00 to help Monroe County Sheriff's Office Animal Farm with items needed for various annual Community Outreach events for the year 2025. N2 Board granted approval of a Request for Expenditure from Federal Equitable Sharing Funds, as follows: $27,149.28 for the demolition of a facility in Sweetwater, Florida, leased by Monroe County Sheriff's Office as a prisoner processing area. Page 112 1/15/2025 SUSTAINABILITY 01 Board granted approval and authorized execution of a 2nd Amendment to the Contract with WSP USA Environment and Infrastructure Inc., for Design, Permitting Procurement, Outreach and CEI Services for the Canal Restoration Program, to change the name of the contractor to WSP USA Inc., retroactive to January 1, 2025. 02 Board granted approval and authorized execution of a 2nd Amendment to the Contract with WSP USA Environment& Infrastructure Solutions, Inc., for On Call Professional Engineering Services for Category A Canal Master Planning, to change the name of the contractor to WSP USA Inc., retroactive to January 1, 2025. 03. Board granted approval and authorized execution of a 2nd Amendment to the Contract with WSP USA Environment and Infrastructure, Inc., for On Call Professional Engineering Services for Category B Infrastructure Engineering Services, to change the name of the contractor to WSP USA Inc., retroactive to January 1, 2025. 04 Board granted approval and authorized execution of a 2nd Amendment to the Contract with WSP USA Environment& Infrastructure, Inc., for On Call Professional Engineering Services for Category C Resilience and Environmental Engineering Services, to change the name of the contractor to WSP USA Inc., retroactive to January 1, 2025. 05 Board granted approval and authorized execution of a 2nd Amendment to a Contract with Casa Marina Lessee LLC d/b/a Casa Marina Key West, Curio Collection by Hilton, for Conference Hosting and Implementation Services for the 16th Annual Southeast Florida Regional Climate Change Summit, which was held in Key West on December 16 through 18, 2024, for an additional net amount of$32,716.75;retroactive to December 16, 2024. A significant source of funds was raised though sponsorship donations and summit registration fees to help defray the costs of the event. The Summit was hosted by Monroe County on behalf of the Southeast Florida Regional Climate Change Compact, a four-county partnership created for the purpose of collaborative planning and implementation of resilience and mitigation strategies related to climate change. 06 Board granted approval and authorized execution of a 4th Amendment to the Contract with Erin L. Deady, P.A., in the amount of$14,200.00, to prepare and submit three grant applications under the 2024 Resilient Florida Grant Program on behalf of the County, retroactive to August 1, 2024. 07 Board granted approval to submit Residential Mitigation Reconstruction Applications under the U.S. Department of Homeland Security/Federal Emergency Management Agency Flood Mitigation Assistance Program for Fiscal Year 2024 with an estimated project budget amount of$9,000,000.00, with property owners paying all match required. 08 Board granted approval to submit Residential Elevation Applications under the U.S. Department of Homeland Security/Federal Emergency Management Agency Flood Mitigation Page 113 1/15/2025 Assistance Program for Fiscal Year 2024 with an estimated project budget amount of $6,000,000.00, with property owners paying all match required. COUNTY ADMINISTRATOR P1 Board accepted the County Administrator's monthly Report for the month of January 2025. Said report is incorporated herein by reference. P2 Board granted approval to ratify nine Small Contracts, signed by the County Administrator. P4 Board granted approval of the reappointment of Mr. Rudy Krause to the Career Service Council for a two-year term, expiring January 15, 2027. COUNTY ATTORNEY Q2 Board adopted the following Resolution recognizing that the implementation of Ordinance 026-2022 has been hampered by the lack of capacity of the Building Department to conduct inspections required by Ordinance 026-2022 and/or 010-2012 and recognizing that for properties that closed before July 31, 2025 would have a defense of the non-availability of a condition precedent against any claim asserted by a buyer for not having an inspection. RESOLUTION NO. 051-2025 Said Resolution is incorporated herein by reference. Q3 Board granted approval to initiate litigation against William G. Guy III and his property, Vacant Land, in Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE17100022. Q4 Board granted approval to initiate litigation against Newton A. Brungart and Ella Maye A. Brungart and their property, 30323 Warbler Lane, Big Pine Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE23050076. Q5 Board granted approval to initiate litigation against Jumie Song and her property, 26 Seagate Boulevard, Key Largo, Florida, to enforce the lien(s) arising from Code Compliance Case No. CE18060033. Q6 Board granted approval and authorized execution of a Settlement Agreement in the matter of Monroe County, Florida v. dakku Properties, LLC Case No. 22-CA-64-P, and authorized the County Attorney to sign all necessary documents. Q7 Board granted approval of an Agreement with the law firm of Fox Rothschild LLP to serve as backup outside Legal Counsel for Monroe County Contractors Examining Board and Page 114 1/15/2025 Construction Board of Adjustments and Appeals; and authorized the County Attorney to execute the Engagement Letter/Legal Services Agreement with the firm. Q8 Board granted approval and authorized execution of a 4th Addendum to the Employment Agreement with Robert B. Shillinger, County Attorney. Q9 Board granted approval of an additional Full Time Equivalent position for the County Attorney's Office in order to provide full time Legal Services to the Supervisor of Elections Office. Q10 Board granted approval of a Statement of Work on Quote No. Q-89345-1 with CivicPlus, LLC, which upon execution becomes a Contract, for online hosting of the Monroe County Code of Ordinances, with an initial term commencing December 1, 2024 and expiring September 30, 2025, plus renewal terms; and authorized the County Attorney to sign all necessary documents. Q11 Board granted approval and authorized execution of an Agreement for Legal Services with the law firm of Weiss Serota Helfman Cole & Bierman, P.L. for on call assistance with labor and employment law issues, investigations, and related matters, effective January 3, 2025. Q12 Board granted approval and authorized execution of an updated Bond Disclosure Counsel Retainer Agreement with the law firm of Bryant Miller Oliva P.A., to replace the prior agreement approved by the Board on December 18, 2002. Q13 Board granted approval and authorized execution of a 2nd Amendment to an Agreement for Legal Services with Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, LaVia, & Wright, P.A., to update the name of the firm, the Scope of Work, hourly rates, and incorporated Addendum A into the Agreement. Motion carried unanimously. MISCELLANEOUS BULK ITEMS C6 Bob Shillinger, County Attorney, addressed the Board regarding a Resolution designating Commissioner Lincoln, Commissioner Raschein, and Commissioner Rice to represent Monroe County, Florida, on the Board of Governors of Fire and Ambulance District 1 for 2025. Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 052-2025 Said Resolution is incorporated herein by reference. C9 The following individual addressed the Board regarding the Geiger Key Boat Ramp License Agreement, issued by the U.S. Department of the Navy for non-federal use of the described Real Property License (Contract) No: N69450-24-RP-00094: Ron Demes. Kevin Wilson, Assistant County Administrator, addressed the Board. Motion was made by Page 115 1/15/2025 Commissioner Cates and seconded by Commissioner Lincoln to grant approval of the Agreement, and to have the Code Compliance Department review for public recreational use. Motion carried unanimously. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS Jl The following individual addressed the Board, regarding an Amendment to the Interlocal Agreement between Monroe County and the City of Key West to provide Shoreside Facility Services for the Man of War Harbor Mooring Field: Bart Smith, representing F.E.B. Corp. Mr. Shillinger addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Lincoln to grant approval of the Agreement. Motion carried unanimously. COUNTY ADMINISTRATOR P3 Mr. Shillinger addressed the Board regarding the scheduled March 12, 2025 regular meeting, and whether to reschedule it to March 11, 2025 to accommodate the Florida Keys Day event in Tallahassee, Florida. Motion was made by Commissioner Lincoln and seconded by Commissioner Raschein to move the regular meeting scheduled March 12, 2025 to March 25, 2025. Motion carried unanimously. P5 Christine Hurley, County Administrator, addressed the Board regarding a Letter drafted to the Federal Emergency Management Agency (FEMA) requesting elimination of the Monroe County 2014 Implementation Plan for the Monroe County Flood Inspection and Compliance Program (a/k/a the Remedial Plan). After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Cates to grant approval to send the Letter to FEMA. Motion carried unanimously. The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1, meeting. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire & Ambulance District 1 convened. Present and answering to roll call were Commissioner Lincoln, Commissioner Raschein, Commissioner Rice, Councilman Greg Lewis, and Mayor Bruce Halle. H2 Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln adopting the following Resolution electing Mayor Bruce Halle to serve as Chairperson and Councilman Greg Lewis to serve as Vice-Chairperson of the Board of Governors for 2025. Motion carried unanimously. RESOLUTION NO. 053-2025 Said Resolution is incorporated herein by reference. Page 116 1/15/2025 H1 Motion was made by Commissioner Rice and seconded by Commissioner Raschein granting approval and authorizing execution of a 1st Amendment to the Agreement with Antonio Gandia, M.D., for Medical Director Services, to extend the term of the Agreement through September 30, 2025. Motion carried unanimously. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. PUBLIC HEARING R2 A Public Hearing was held to consider a Resolution renouncing and disclaiming any and all right of the public and County to a portion of Right-of-Way located on a portion of Melaleuca Street, which is bounded on the West by a portion of the East Seaview Drive Right-of-Way, bounded on the South by Lots 77-79, Block 1, bounded on the East by Lots 76 and 77, Block 1, and bounded on the North by Lots 74-76, Block 1, situated within the Duck Key Plat, as recorded in Plat Book 5, Page 82, Official Records of Monroe County, Florida, submitted by Smith Hawks, PL, in its capacity as an authorized agent for The Bestow Group LLC and Charles and Kristen Currier. Emily Schemper, Senior Director of Planning and Environmental Resources, addressed the Board. The following individual addressed the Board: Bart Smith, representing, Smith Hawks, PL. Mr. Smith requested the item be withdrawn. Mr. Shillinger addressed the Board. The Board took no official action. COUNTY ADMINISTRATOR P6 Judy Clarke, Director of Engineering/Roads & Bridges, addressed the Board regarding progress on the Bimini Drive, Seaview Drive and Harbour Drive Bridge Replacement Projects on Duck Key. After discussion, motion was made by Commissioner Raschein and seconded by Commissioner Lincoln to grant approval for staff to negotiate with Southern Road and Bridge, LLC, for the Seaview Drive Project, for the County Administrator to execute a Contract, and to have the Contract ratified at the next regular meeting. Motion carried unanimously. COUNTY ATTORNEY Q1 Mr. Shillinger referred the Board to the County Attorney Report for the month of January 2025. Said report is incorporated herein by reference. Mr. Shillinger addressed the Board regarding a discussion with Shannon Estenoz, Assistant Secretary of the Interior for Fish and Wildlife and Parks, regarding Wisteria Island. PUBLIC HEARINGS R1 A Public Hearing was held to consider an Ordinance revising Monroe County Code, Section 23-199, Monroe County Tourist Development Council (TDC) to add language to clarify that members of the TDC serve at the pleasure of the Board of County Commissioners (BOCC) Page 117 1/15/2025 and may be removed by affirmative vote of the BOCC. There was no public input. Motion was made by Commissioner Raschein and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 001-2025 Said Ordinance is incorporated herein by reference. R3 A Public Hearing was held to consider an Ordinance deferring the acceptance of or receipt of or approval of new market rate and affordable Rate of Growth Ordinance (ROGO) applications beyond January 15, 2025, ROGO awards beyond Year 33 Quarter 2, ROGO application revisions beyond January 15, 2025, remaining affordable housing ROGO reservations, and applications for administrative relief ROGO awards beyond January 15, 2025, until the Monroe County Board of County Commissioners can review and possibly amend the Monroe County Land Development Code and/or Comprehensive Plan regarding the allocation and permitting of residential development; providing for expiration in no more than 365 days of the date of this interim development Ordinance or when the Comprehensive Plan and Land Development Code amendments become effective, whichever comes first;providing for severability; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for an effective date. Ms. Schemper gave a Power Point Presentation. Ms. Hurley and Mr. Shillinger addressed the Board. The following individual addressed the Board: Steve Williams, City of Marathon Attorney. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Lincoln to deny approval of the Ordinance. Roll call vote was taken with the following results: Commissioner Cates No Commissioner Lincoln Yes Commissioner Raschein Yes Commissioner Rice Yes Mayor Scholl No Motion carried. R4 A Public Hearing was held to consider an Ordinance amending the Monroe County Tier Overlay District Map to change the tier designation of property located at 21660 Overseas Highway on Cudjoe Key from Tier IIIA to Tier III, said property being located at approximate mile marker 21.75, more particularly described as Lots 11 through 16, Sacarma Subdivision, Plat Book 2, Page 48, Official Records of Monroe County, and currently having Property Identification Nos. 00174740-000100, 00174770-000000, 00174780-000000, 00174790-000000, 00174800-000000, and 00174810-000000, as requested by 21660 Overseas Highway, LLC, via its authorized agent Spottswood, Spottswood, Spottswood, and Sterling PLLC. Michael Roberts, Assistant Director of Planning and Environmental Resources, gave a Power Point Presentation. The following individual addressed the Board: Barbara Von Harten, representing Sunrise Beach Homeowner's Association. Ms. Schemper and Mr. Shillinger addressed the Board. The following individual addressed the Board: John Benckenstein. Motion was made by Page 118 1/15/2025 Commissioner Lincoln and seconded by Commissioner Cates to continue the item to the February 19, 2025 regular meeting at the Harvey Government Center at 1200 Truman Avenue, Key West at 10:00 a.m. Motion carried unanimously. R5 A Public Hearing was held to consider a Resolution transmitting to the State Land Planning Agency an Ordinance amending the Monroe County Future Land Use Map from residential medium to commercial for Property located at 24150 Overseas Highway, Summerland Key, more particularly described as a portion of Lot 1, Dobies Subdivision, according to the plat thereof, recorded at Plat Book 2, Page 95, Official Records of Monroe County, and a portion of Lot 21, Block 2, Summerland Cove, Addition 2, according to the plat thereof, recorded at Plat Book 4, Page 100, Official Records of Monroe County, currently having Property Identification No. 00190940-000200, as requested by Maciej Jarzebowski. The following individual addressed the Board: Donald Craig, representing the applicant. Ms. Schemper addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Lincoln to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 054-2025 Said Resolution is incorporated herein by reference. The following two Public Hearings, R6 and R7, were held together: R6 A Public Hearing to consider an Ordinance approving an Amendment to Policy 212.3.2 of the Monroe County Comprehensive Plan to include additional language to permit marinas as an allowed use on parcels that are both within Unit 57 of the Coastal Barrier Resource System and located within the Safe Harbor Community Center Overlay District, as requested by JKYD, LLC, a Florida-registered limited liability company. R7 A Public Hearing to consider an Ordinance approving an Amendment to Monroe County Land Development Code, Section 118 -15(5), Marina Siting Criteria, to include additional language to permit marinas as an allowed use on parcels that are both within Unit 57 of the Coastal Barrier Resources System and located within the Safe Harbor Community Center Overlay District, as requested by JKYD, LLC, a Florida-registered limited liability company. There was no public input. Motion was made by Commissioner Cates and seconded by Commissioner Raschein to adopt the following Ordinance: R6 An Ordinance approving an Amendment to Policy 212.3.2 of the Monroe County Comprehensive Plan to include additional language to permit marinas as an allowed use on parcels that are both within Unit 57 of the Coastal Barrier Resource System and located within the Safe Harbor Community Center Overlay District, as requested by JKYD, LLC, a Florida- registered limited liability company. ORDINANCE NO. 002-2025 Said Ordinance is incorporated herein by reference. Page 119 1/15/2025 Motion carried unanimously. Motion was made by Commissioner Cates and seconded by Commissioner Raschein to adopt the following Ordinance: R7 An Ordinance approving an Amendment to Monroe County Land Development Code, Section 118 -15(5), Marina Siting Criteria, to include additional language to permit marinas as an allowed use on parcels that are both within Unit 57 of the Coastal Barrier Resources System and located within the Safe Harbor Community Center Overlay District, as requested by JKYD, LLC, a Florida-registered limited liability company. ORDINANCE NO. 003-2025 Said Ordinance is incorporated herein by reference. Motion carried unanimously. R8 A Public Hearing was held to consider an Ordinance amending the County's Code of Ordinances, by amending Section 22-129, Fire and Ambulance District 1, to clarify the composition of the Board of Governors of Fire and Ambulance District 1, to provide for the Ordinance to be effective retroactively to March 1, 2000, and to ratify all actions taken by the Board of Governors since March 1, 2000. There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Raschein to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 004-2025 Said Ordinance is incorporated herein by reference. COMMISSIONER COMMENTS Commissioner Raschein addressed the procedures for Commissioner's Aides responding to public comments in the separate districts. Mr. Shillinger addressed the Board. Commissioner Lincoln recognized and thanked staff who volunteer for service groups in the community, and specifically those who participated in the Soldier Ride in conjunction with Wounded Warrior Project, held January 11, 2024. Mayor Scholl acknowledged Cathy Crane, Director of Veterans Affairs, and her staff, who also contributed to the Soldier Ride. Mayor Scholl acknowledged Michael Halpern's passing and Celebration of Life, which was held earlier this month. Page 120 1/15/2025 CLOSED SESSIONS K1 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of In re: Michael Joseph McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Court for the Southern District ofFlorida, Case No. 23-11154-RAM, and read the required language into the record pursuant to Section 286.011(8), Florida Statutes. Mr. Shillinger advised that the following individuals would be present at the meeting: County Commissioners; County Administrator Christine Hurley, County Attorney Bob Shillinger; Assistant County Attorney Anjelica Harden- Ivanoski; and a certified court reporter. Mayor Scholl declared the open session of the meeting closed. After the closed session, the meeting was re-opened. K2 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Roy's Trailer Park, Inc., d1b/a Island Life Village, et al., v. Noel, Monroe County, et al. Case No. 19- CA-175-K, and read the required language into the record pursuant to Section 286.011(8), Florida Statutes. Mr. Shillinger advised that the following individuals would be present at the meeting: County Commissioners; County Administrator Christine Hurley, County Attorney Bob Shillinger; Assistant County Attorneys Anjelica Harden-Ivanoski and Kelly Dugan; and a certified court reporter. Mayor Scholl declared the open session of the meeting closed. After the closed session, the meeting was re-opened. K4 Mr. Shillinger announced a Closed Session to prepare for upcoming collective bargaining negotiations with International Association of Firefighters, Local 3909. Mr. Shillinger advised that the following individuals would be present at the meeting: County Commissioners; County Administrator Christine Hurley, County Attorney Bob Shillinger; Assistant County Attorney Anjelica Harden-Ivanoski; and the County's Bargaining Team, including the following individuals: Bryan Cook, Director of Employee Services; Tina Boan, Senior Director of Budget and Finance; Kevin Wilson, Assistant County Administrator; Megan Fiore, Senior Administrator of Human Resources; Acting Fire Chief RL Colina, Monroe County Fire Rescue; and Fire Chief Jim Callahan, Monroe County Fire Rescue. Mayor Scholl declared the open session of the meeting closed. After the closed session, the meeting was re-opened. There being no further business, the meeting of the Board of County Commissioners was adjourned. Kevin Madok, CPA Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida Liz Yongue, D.C. Page 121 1/15/2025