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10/09/1991 Regular ww 090 Regular Meeting Board of County Commissioners Wednesday, October 9, 1991 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Lions Club in Key West. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Douglas Jones, Commissioner Jack London, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Also present were Danny Kolhage, Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve additions, deletions and corrections to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Motion was made by Mayor Harvey and seconded by Commissiorier London to approve a letter of appreciation to the Fire Resources Review Committee. Motion carried unani- mously. Mayor Harvey presented a Mayor's Proclamation which declared October 6 - 12, 1991 as Respiratory Care Week in Monroe County. BULK APPROVALS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve the following items by una- nimous consent: MISCELLANEOUS BULK APPROVALS Board approved removal of the following surplus property from Public Works - Facilities Maintenance inventory: 5222-25 0903-284 0903-257 0903-254 Air-Conditioner Air-Conditioner Air-Conditioner Remington Stud Driver Board adopted the following Resolution accepting the Waste Tire Grant from the Florida Department of Environmental Regulation and authorizing the Mayor to execute a Grant Agreement in furtherance thereof. RESOLUTION NO. 353-1991 See Res. Book No. 101 which is incorporated herein by reference. ww 091 Board adopted the following Resolutions concerning the transfer of funds. RESOLUTION NO. 354-1991 RESOLUTION NO. 355-1991 RESOLUTION NO. 356-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolution concerning the receipt of unanticipated funds. RESOLUTION NO. 357-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolution authorizing a modifi- cation to the Warning and Communications Grant Agreement between Monroe County and the Department of Community Affairs. RESOLUTION NO. 358-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolution authorizing the sub- mission of the Litter Prevention Grant to the Clean Florida Commission for Fiscal Year 1991-92. RESOLUTION NO. 359-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolution authorizing the filing of a Grant Application with the Florida Department of Natural Resources, Boating Improvement Fund, and directing the execution of same by the proper authorities, for the emergency repair of daymarkers in Kemp Channel and Tavernier Creek. RESOLUTION NO. 360-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolution authorizing the filing of a Grant Application with the Florida Department of Natural Resources, Boating Improvement Fund, and directing the execution of same by the proper authorities, for the emergency repair of a daymarker in Windley Key. RESOLUTION NO. 361-1991 See Res. Book No. 101 which is incorporated herein by reference. Board approved removal of the following surplus property from Community Services - Social Services inventory: 5347.05-2 5347.05-5 1823-7 1823-4 1809-1 1809-2 5347.05-13 5347.05-8 1809-4 Letter Size File Cabinet Secretarial Chair Legal Size File Cabinet Legal Size File Cabinet Steel Storage Cabinet Cassette Recorder Carousel Slide Projector Electronic Printing Calculator 50" x 50" Movie Screen ww 092 Board approved and authorized execution of a Sign Lease with Dynasty Express Corp. d/b/a General Rent A Car for space at the Marathon Airport. Board approved and authorized execution of a Sign Lease with Hawk's Cay Resort and Marina for space at the Marathon Airport. Board approved and authorized execution of a Lease Agreement with Old Town Trolley, Inc. for a gazebo sign at the Key West International Airport. Board approved and authorized execution of a Sign Lease with Value Rent-A-Car for space at the Key West International Airport. Board approved and authorized execution of a Sign Lease with The Pier House Inn And Beach Club C.S.M.C. Of Key West, Agent For Pier House Joint Venture, for space at the Key West International Airport. Board approved and authorized execution of a Sign.Lease with Vehicle Management Services, Inc. d/b/a Thrifty Rent A Car for space at the Key West International Airport. Board approved and authorized execution of a Sign Lease with Me1 Fisher Maritime Heritage Society, Inc. for space at the Key West International Airport. Board approved and authorized execution of a Sign Lease with Edward B. Knight d/b/a Knight Realty, Inc. for space at the Key West International Airport. Board approved and authorized execution of a Sign Lease with The Key Ambassador Company for space at the Key West International Airport. Board approved and authorized execution of a Sign Lease with La Concha Associates for space at the Key West International Airport. Board approved and authorized execution of a Sign Lease with The Hertz Corporation for space at the Key West International Airport. Board approved and authorized execution of a Sign Lease with Duncan's Auto Sales, Inc. for space at the Key West International Airport. Board approved and authorized execution of a Sign Lease with Curry Mansion Inn, Inc. for space at the Key West International Airport. Board approved and authorized execution of a Sign Lease with Diversified Services, Inc. d/b/a Budget Rent A Car for space at the Key West International Airport. Board approved and authorized execution of a Sign Lease with Alamo R~nt A Car for spac~ at th~ K~y W~st Int~rnationa1 Airport. Board approved and authorized execution of a Sign Lease with The Casa Marina for space at the Key West International Airport. Board approved and authorized execution of a Sign Lease with Pinellas Marina for space at the Marathon Airport. ww 093 Board approved and authorized execution of a Lease Agreement with Air Sunshine concerning space and operations at Marathon Airport after amending Page 13 thereof to delete the words "public liability insurance" and substitute the words "aircraft and airport liability insurance" in lieu thereof. Board approved and authorized execution of a Lease Agreement with Comair, Inc. concerning space and operations at the Key West International Airport after amending Page 14 thereof to delete .the words "aircraft insurance" and substitute the words "aircraft and airport liability insurance" in lieu thereof. Board approved and authorized execution of a Lease with Federal Express Corporation concerning building space at the Key West International Airport. Board approved and authorized execution of a Lease Agreement with Nashville Eagle, Inc. d/b/a American Eagle concerning space and operations at the Marathon Airport after amending Page 14 thereof to delete the words "aircraft insurance" and substitute the words "aircraft and airport liability insurance" in lieu thereof. Board approved and authorized execution of a Lease Agreement with Pan Am Express concerning space and operations at the Key West International Airport after amending Page 14 thereof to delete the words "commercial general liability insurance" and substitute the words "aircraft and airport liability insurance" in lieu thereof. Board approved and authorized execution of a Lease Agreement with Nashville Eagle, Inc. d/b/a American Eagle concerning space and operations at the Key West International Airport after amending Page 14 thereof to delete the words "aircraft insurance" and substitute the words "aircraft and liability insurance" in lieu thereof. Board approved and authorized execution of a Lease Agreement with Airways International, Inc. concerning space and opera- tions at the Key West International Airport after amending Page 13 thereof to delete the words "aircraft insurance" and substitute the words "aircraft and airport liability insurance" in lieu thereof. THE ABOVE ITEM WAS RECONSIDERED LATER IN THE MEETING Board approved and authorized execution of a Lease Agreement with Henson Aviation, Inc. d/b/a USAir Express after amending Page 15 thereof to delete the words "commercial general liability insurance" and substitute the words "aircraft and airport liability insurance" in lieu thereof. Board authorized execution of ratification to Agreement entered into with Dolores Case11es, Resident, and Dolores Costigan, Responsible Party, for admission to Bayshore Manor. Board approved and authorized execution of U.S.D.A. Contract No. US-251 with the Alliance for Aging for Dade and Monroe Counties, Inc. which provides reimbursement to the Nutrition Program for serving meals to the clients on the C-1 and C-2 programs. Board approved and authorized execution of Addendum To Lease Agreement with MTH Aero Services, Inc. concerning property at the Marathon Airport. ww 094 Board adopted the following Resolution approving the sub- mission of Pre-applications to the Federal Aviation Administration for Federal funding for the Marathon Airport and the Key West International Airport. RESOLUTION NO. 362-1991 See Res. Book No. 101 which is incorporated herein by reference. FLOOD VARIANCE APPLICATIONS Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Anchorage Builders, Inc. for a laterally attached garage enclosure of greater than 300 square feet for parking (no plumbing, electrical or mechanical equipment may be located within enclosure) on Lot 2, Block 33, Venetian Shores, Plat No.6, Plantation Key, MM 86; Zoned IS - Improved Subdivision; Coastal Flood Zone AE 7', Panel 1129F. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Richard Pake for the first time placement of a mobile home below base flood elevation on Lot 28, Gulf View Subdivision, Big Coppitt Key; Zoned URM; Coastal Flood Zone AE 10, Panel 1731. MISCELLANEOUS BULK APPROVALS Board approved and authorized execution of Change Order No. Three to the contract with the Cubic Automatic Revenue Collection Group for the "Stand Alone" Toll Lane Card Sound Toll Bridge Toll Booth to increase the contract time by an additional sixty days due to logistics of replacing equip- ment damaged during transit. Board adopted the following Resolutions concerning the receipt of unanticipated funds for Fiscal Year 1991. RESOLUTION NO. 363-1991 RESOLUTION NO. 364-1991 RESOLUTION NO. 365-1991 RESOLUTION NO. 366-199l RESOLUTION NO. 367-1991 RESOLUTION NO. 368-l991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolutions concerning the transfer of funds for Fiscal Year 1992. RESOLUTION NO. 369-1991 RESOLUTION NO. 370-1991 RESOLUTION NO. 371-1991 RESOLUTION NO. 372-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolutions concerning the transfer of funds for Fiscal Year 1991. RESOLUTION NO. 373-1991 RESOLUTION NO. 374-1991 RESOLUTION NO. 375-1991 RESOLUTION NO. 376-1991 RESOLUTION NO. 377-1991 ww 095 See Res. Book No. 10l which is incorporated herein by reference. Board adopted the following Resolution concerning the receipt of unanticipated funds for Fiscal Year 1992. RESOLUTION NO. 378-1991 RESOLUTION NO. 379-1991 RESOLUTION NO. 380-1991 RESOLUTION NO. 381-1991 RESOLUTION NO. 382-1991 RESOLUTION NO. 383-199l RESOLUTION NO. 384-1991 RESOLUTION NO. 385-199l RESOLUTION NO. 386-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolution to rescind Resolution No. 173-1991 concerning the DCA - Traffic Counter Grant. RESOLUTION NO. 387-1991 See Res. Book No. 101 which is incorporated herein by reference. Board granted approval of Bayshore Manor renovations to be funded by Capital Projects - 1988 Bond Issue Fund #303 monies. Board adopted the following Resolution amending Resolution No. 311-1991 concerning the South Florida Water Management District - Stormwater Management Ordinance. RESOLUTION NO. 388-1991 See Res. Book No. lOl which is incorporated herein by reference. SHERIFF'S DEPARTMENT Board granted approval to establish a Special Revenue Fund for the Sheriff's Office concerning additional funding awarded for operations of the Monroe County Task Force. MUNICIPAL SERVICE DISTRICT Board granted permission to negotiate a contract with Waste Management Inc. of Florida for tire shredding services based on Proposal 1 submitted in their bid package. DIVISION OF PUBLIC WORKS Board awarded bid to and approved and authorized execution of contract with H & S Builders, Inc. concerning remodeling of existing restrooms in Wing II of the Public Service Building on Stock Island in the amount of $l2,965.00. DIVISION OF GROWTH MANAGEMENT Board granted permission to initiate RFQ's to fulfill grant requirements for a grant received from the South Florida Water Management District to complete revisions to the County's Stormwater Management Ordinance. ww 096 'RlVI5eJ) Board adopted the following Resolution recognizing a tech- nical error in the placement of a boundary for exclusion on Coastal Barrier Resources System Map FL 35; and recommending a technical revision to properly place the boundary. RESOLUTION NO. 389-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolution authorizing execution of a Program Assistance Grant Agreement with the U. S. Environmental Protection Agency concerning an award of $50,000.00 for implementing an "Environmental Wetlands Advanced Identification and Mapping" program. RESOLUTION NO. 390-1991 See Res. Book No. 101 which is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board approved payment of Tourist Development Council expen- ditures in the amount of $125,882.73 (Input Date 9/23/91), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $67,153.48 (Input Date 9/23/91), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $194,845.01 ((Input Date 9/23/91), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $1,531.14 (Input Date 9/23/91), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $89,099.73 (Input Date 9/23/91), subject to final invoice approval by the County Finance Department. Board granted approval to rescind the contract with Sunset Festivals, Ltd., Inc. previously approved on August 28, 1991 and approved and authorized execution of an amended Local Major Events Agreement with Sunset Festivals Ltd., Inc. for the Key West Jazz Festival on May 14 - 17, 1992 in the amount of $50,000.00, DAC I, FY '92, Two Penny Events. Board approved an amount not to exceed $1,700.00, DAC V, FY '91, Third Penny, District V Advertising Campaign for postage on the coupon book under the District Advertising Campaign. Board approved an amount not to exceed $29,766.24 for legal services provided by the County Attorney's Office for Fiscal Year 1992 ~and also approved the inter-cost center transfers in the amount of $8,171.24 for Fiscal Year 1991. Board adopted the following Resolution allowing for the direct payment of United' Parcel Service, Phone Services (WATS), and Administrative Advertising which the Monroe County Tourist Development Council regularly incurs. ww 097 RESOLUTION NO. 391-1991 See Res. Book No. 101 which is-Incorporated herein by reference. Board approved award of bid to USA 800, Inc. in a not to exceed amount of $64,961.50 for computer hardware and soft- ware to cover the needs of the district telemarketing requirements. Board approved and authorized execution of Addendum To Agreement with Association For Tourism Development of Fantasy Fest '91 for an additional amount of $30,000.00 - total contract of $120,000.00. COUNTY ATTORNEY Board authorized rescission of Release of Lien 8/7/91 and approved and authorized execution of new Release of Lien concerning Board of County Commissioners vs. Marathon, Ltd., Case No. 89-20069-CA-09. Board approved modification concerning right of first refu- sal clause to Agreement with Edward A. McCarthy as Archbishop of the Archdiocese of Miami regarding the St. Peter's Church property on Big Pine Key. COMMISSIONERS' ITEMS Board approved the reappointment of Alice J. Skinger to the Library Advisory Board. COUNTY ADMINISTRATOR Board approved payment of the following invoices: 1. Public Financial Management, Inc., in the amount of $2,527.97, for financial advisory services for the month of August. 2. Public Financial Management, Inc., in the amount of $3,104.71, for financial advisory services for the month of September. 3. Frank Keevan & Son, Inc., in the amount of $16,929.50, as FINAL PAYMENT re Shore Drive Bridge. 4. Nick E. Silverio & Associates, Inc., in the amount of $5,642.00, as FINAL PAYMENT re computer software upgrade. 5. Rosenman & Colin, in the amount of $1,876.50, for professional services re County Translator System. 6. Dean-Lopez Funeral Home, in the amount of $450.00, for professional services re Pauper Burial. 7. Dean-Lopez Funeral Homes, in the amount of $485.00, for professional services re Pauper Burial. ww 098 8. H. W. Beyer Funeral Homes, Inc., in the amount of $564.20, for professional services re Pauper Burial. 9. Evergreen Mortuary, in the amount of $485.00, for professional services re Pauper Burial. lO. Martin-Vegue Funeral Home, in the amount of $672.00, for professional services re Pauper Burial. APPOINTMENTS Board approved reappointment of Grace Mannillo to the Monroe County Planning Commission. Board approved appointment of Dr. James Miller to the Monroe County Planning Commission. Board approved appointments of Father Joe McDowell and Dale Wolgast to the Upper Keys Trauma Advisory Board. . COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND, #155335-#157016, in the amount of $9,488,182.18. SUPPLEMENT TO GENERAL REVENUE FUND, #395-#396, in the amount of $27,48~61. FINE & FORFEITURE FUND, #1143-#1151, in the amount of $568,919.65-:- AIRPORT OPERATION & MAINTENANCE FUND, #678-#681, in the amount of $62,142.02. ROAD & BRIDGE FUND, #672-#674, in the amount of $116,540.~ - MSD TAX DISTRICT, #1590-#1598, in the amount of $253,948.99. --- MSD TAXING DISTRICTS, #616-#620, in the amount of $650,370.21. MSD - PLEDGED FUNDS, #241-#242, in the amount of $521,919.28. MSD ACQUISITION FUND (105), #16, in the amount of $48,500.00:- LAW LIBRARY FUND, #346, in the amount of $75,998.40:- CAPITAL PROJECTS FUND, #506-#507, in the amount of $39,653.68. MONROE COUNTY GROUP INSURANCE, #470-#472, in the amount of $211,190..06. CARD SOUND BRIDGE FUND, #390-#392, in the amount of $27,798.6r:-- ww 099 WORKERS COMPENSATION, #3747-#3754, in the amount of $39,988.46. TOURIST DEVELOPMENT COUNCIL, #728-#729, in the amount of $414,333.55. TRANSLATOR FUND, #327-#330, in the amount of $419,451.30. FAIR SHARE IMPROVEMENT TRUST FUND, #68, in the amountof~438.88. RISK MANAGEMENT FUND, #145-#147, in the amount of $12,687.6~ PLANNING, BUILDING & CODE ENFORCEMENT, PARKS & BEACHES UNINCORPORATED, #338=#341, in the amount of $461,424.60. UPPER KEYS TRAUMA DISTRICT, #97-#98, in the amount of $19,427.58. SALES TAX BOND ANTICIPATION NOTES, #29, in the amount of $47,287.0~ MONROE COUNTY RENTAL REHAB PROGRAM, #61, in the amount of $2,997.49. Board approved the following Fine and Forfeiture Expenditures: COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Mental Health Care Center of the Lower Keys, in the amount of $1,270.00; Richard Hellman, Ph.D., in the amount of $1,000.00; Guillermo D. Marcovici, in the amount of $600.00; The Guidance Clinic of the Middle Keys, in the amount of $300.00. COURT-APPOINTED ATTORNEYS, Leonard F. Mikul, in the amount of $5,291.50; David L. Manz, in the amount of $600.00; Timothy Nicholas Thomes, in the amount of $547.00; William Kuypers, in the amount of $1,961.50; John Rotolo, in the amount of $1,962.25; Charles L. Everett, in the amount of $990.00; Max C. Fischer, in the amount of $466.25; James J. Dor1, in the amount of $250.00; Kathryn Yates, in the amount of $1,107.30; Michael E. Cox, in the amount of $494.50. OTHER EXPENSES, Louis Spallone, in the amount of $2,500.00; State of Florida, in the amount of $571.36. COURT REPORTER SERVICES, Associated Court Reporters of Monroe County, in the amount of $884.50; Lisa Roser, in the amount of $1,012.60; Florida Keys Reporting, in the amount of $2,251.00; Kathleen Fegers, in the amount of $273.75; Amy Landry, in the amount of $1,012.50; Nancy Maleske, in the amount of $2,954.25; Billie Jean Fase, in the amount of $30.00; Tara Martin, in the amount of $1,830.10; Joseph S. Schwartz, in the amount of $132.00. COURT INTERPRETER SERVICES, Mayda Maloney, in the amount of $150.00; J. R. Alayon, in the amount of $265.00; Juli Barish, in the amount of $l50.00; Luis Sanchez, in the amount of $170.00; Andrew P1eban, in the amount of $80.00; Juan Borges, in the amount of $695.00; Susan Tellez, in the amount of $225.00; Robert Dembiczak, in the amount of ww .100 $50.00; William Mota, in the amount of $130.00; William Wadde1, in the amount of $25.00. WITNESS PAYROLL, Auto Allowance and Travel, in the amount of $2,635.95; Regular Witness Fees, in the amount of $70.00. MISCELLANEOUS Board approved the request of the Tax Collector to permit the Tax Roll for 1991 to be extended prior to the conclusion of the Value Adjustment Board hearings and the final cer- tification of the Tax Roll by the Property Appraiser to the Tax Collector. Board adopted the following Resolution directing and per- mitting the Tax Collector to refrain from billing any tax- payer whose bill is Five Dollars and less for the ensuing tax year. RESOLUTION NO. 392-1991 See Res. Book No. 101 which is incorporated herein by reference. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to continue to the next meeting a pro- posed Addendum to Lease Agreement with REDI Real Estate Information Service, adding on three strip map books. Motion carried unanimously. THE ABOVE ITEM WAS RECONSIDERED LATER IN THE MEETING Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve and authorize execution of an Agreement To Provide Legal Services with Frigola, DeVane, Wright & Dor1, P.A. concerning the collection of Code Enforcement liens and fines. Motion carried unanimously. The Board discussed the Lease Agreement between Monroe County and Airways International, Inc. concerning space and operations at Marathon Airport. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to extend the current Lease Agreement on a month-to-month basis until the next Marathon meeting and to notify Airways International, Inc. in writing of their sub-standard performance and the possibility that the Board may not renew the Lease Agreement. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to reconsider the Lease Agreement with Airways International, Inc. concerning space and operations at the Key West International Airport (Agenda Item C-37) which was approved earlier in the meeting in the "BULK" motion. Motion carried unanimously. Motion was then made by Commissioner Cheal and seconded by Commissioner Jones to extend the current Lease' Agreement on a month-to-month basis until the next Marathon meeting and to notify Airways International, Inc. in writing of their sub-standard ww 101 performance and the possibility that the Board may not renew the Lease Agreement. Motion carried unanimously. ..... Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve and authorize execution of Supplemental Agreement No. One to Contract For Professional Services with David Volkert & Associates, Inc. concerning Phase II of the Key West International Airport Terminal Expansion Project. Motion carried unanimously. ADVERTISEMENTS Motion was made by Commissioner Jones and seconded by Commissioner Cheal to grant permission to advertise for Sealed Bids for the Janitorial Services Contract for the Key West Courthouse Annex. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to grant permission to advertise for Sealed Bids for the Janitorial Services Contract for the Marathon Courthouse Complex. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to grant permission to advertise for Sealed Bids for a Guardrail Installation Project contract. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Jones and seconded by Commissioner Cheal to continue to the next meeting a request for approval to remove surplus property from HRS inventory. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to adopt the following Resolution rescinding Resolution No. 174-1991 concerning the DCA - Striper Grant. Motion carried unanimously. RESOLUTION NO. 393-1991 See Res. Book No. 101 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner London to adopt the following Resolution authorizing modifications to an Agreement with the Florida Department of Natural Resources, Florida Recreational Development Assistance Grant Contract Number C6530. Motion carried unanimously. RESOLUTION NO. 394-1991 See Res. Book No. 101 which is incorporated herein by reference. .---- CONSTRUCTION PROGRAM MANAGEMENT - MK/G The Board entered into a discussion regarding the approval of bids and contract award for Bid Package No. lO, Precast Concrete (part of Bid Group 2) to Pomco Associates, Inc. for the New Monroe County Detention Facility. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to continue to October 16th. Motion carried unani- mously. Motion was made by Commissioner London and seconded by Commissioner Stormont not to accept Owner's Options 10-0l ww j02 and 10-03 and Alternate 10-01. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. Doug Fuller of MK/G advised the Board that there was a bid protest regarding Bid Package No. 11, Hydraulic Elevators, for the New Monroe County Detention Facility; however, the Architect advised that the low bid was indeed responsive to the specifications. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the bid and award the contract for Bid Package No. 11, Hydraulic Elevators (part of Bid Group 2), to Mowrey Elevator for the New Monroe County Detention Facility in the amount of $255,902.00. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the bid and award the contract for Bid Package No. 12, Precast Embeds (part of Bid Group 2), to National Detention Group, Inc. for the New Monroe County Detention Facility in the amount of $167,646.06 without the Owner Option. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. Motion was made by Commissioner Cheal and seconded by Commissioner London to continue to the next Regular Meeting a request for authorization of additional surveying expenditures for the Big Pine Fire Station to be provided by Petsche & Associates. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner London to continue to the next Regular Meeting a request for authorization of expenditures for sur- veying services for Sugarloaf Fire Station, 'Marathon #1 and Marathon #2 to be provided by Petsche & Associates. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Cheal to approve and authorize execution of an Agreement with Archeological and Historical Conservancy, Inc. for archeological investigations of the Indian Midden on the site of the New Monroe County Detention Facility. Motion carried unanimously. 1 'R l. VI S ~..D ww 103 The Regular Meeting of the Board of County Commissioners recessed. * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT ----- BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioners Mickey Feiner, Douglas Jones, Jack London, and Chairman Earl Cheal. Absent from the meeting was Commissioner Hal Halenza. Motion was made by Commissioner London and seconded by Commissioner Jones to grant approval to remove the following property from the District's inventory: 1433-4 l433-5 1433-5A 1433-6 1433-6A 1433-115 1433-179 1433-232 1433-292 1433-327 3210-223 Motorola Portable Radio Motorola Portable Radio Motorola Charger Motorola Portable Radio Motorola Charger Motorola Minitor Adapter Motorola Minitor Motorola Minitor Motorola Minitor Airpak Motion carried unanimously. Motion was made by Commmissioner London and seconded by Commissioner Jones to adopt a Resolution rescinding Resolution No. 125-1991; and establishing a Fire-Rescue Resources Review Committee; providing for categories of members; providing for appointment for a continuing period of time; providing for purpose; and deli- neating the committee's duties and responsibilities. During discussion, motion was made by Commissioner Feiner and seconded by Commissioner Cheal to amend Section 10-A to add "consider savings opportunities to reduce the cost of the total operation and to reduce impacts of ad valorem taxes." Motion to amend carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Feiner to amend to remove Section 8. Motion to amend carried unani- mously. Motion was made by Commissioner Cheal and seconded by Commissioner London to amend to remove Section 5. Roll call vote on this motion to amend was taken with the following results: Commissioner Feiner Commissioner Jones Commissioner London Chairman Cheal No Yes Yes Ye.s Motion carried. Motion was then made by Commissioner Jones and seconded by Commissioner Feiner to postpone this matter and direct the Public Safety Division Director to meet with the County Attorney to work out the details. Motion carried unanimously. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * ww 104 The Board of County Commissioners reconvened with all Commissioners present. SHERIFF'S DEPARTMENT Mark Willis addressed the Board regarding the pro- posed Settlement Agreement in the McIntyre v. Freeman Federal Jail Suit. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to postpone this matter until receipt of Draft No. 10 with acceptable wordage. Roll call vote was unanimous. Sheriff Roth addressed the Board concerning addi- tional staffing requirements that will be necessary upon acceptance of the Settlement Agreement. No official action was taken. County Administrator Tom Brown discussed the County's possession of a safe made available from the purchase of the building in Marathon. Motion was made by Commissioner Jones and seconded by Mayor Harvey tq transfer the safe to the Sheriff's Department for their use in exchange for air travel utilizing the Sheriff's equipment at comparable value. Roll call vote was unanimous. MUNICIPAL SERVICE DISTRICT Division Director Barry Boldissar addressed the Board concerning the Master/Senior Recycler Program and the County's recycling experience in comparison to the goals of the program. The Board recessed for lunch. * * * * * sent. The Board reconvened with all Commissioners pre- COUNTY ADMINISTRATOR Jeffrey Meyer, representing Island Taxi, addressed the Board regarding the proposed contract with G-2 Enterprises, Inc. concerning transportation services for Veterans Affairs. Jerry Corneya also addressed the Board. Motion was made by Commissioner Jones and seconded by Mayor Harvey to refer this matter back to Staff to authorize the readvertisement of Requests For Proposals for this service. Roll call vote was unanimous. DIVISION OF PUBLIC WORKS Division Director Dent Pierce discussed the injuries to an Animal Control Officer and the resulting short staff situation at the Animal Control Center at Big Pine Key. He indicated that the Big Pine Key Shelter would now be open from 3:00 p.m. to 6:00 p.m. The Board discussed Harry Harris Park improvements as set out in memorandum from David Koppel, Engineering ww 105 Director, dated September 25, 1991. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve the following Tasks as the funding becomes available: Task Item Amount I a. Dredging 10,500 b. Flushing Struc. 21,000 c. Groin Reconstru. 140,000 II a. Dune Constr. 40,000 b. Dune Crossover 10,500 c. Dune Landscaping 32,500 III a. Boat Dock 22,500 b. Boat Ramp 34,000 c. Channel Markers lO,OOO VII a. Add Picnic Items 22,500 b. Add Bol1ards/Sign 7,500 c. New 24" Rdwy CuI. 3,500 Roll call vote was unanimous. The Board discussed the Ordinance establishing entrance fees for Harry Harris Park. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to authorize advertising for Public Hearing a proposed Ordinance to repeal the fees for Harry Harris Park pursuant to Monroe County Code Section 13.5-1(a)(b) and a portion of (d). Roll call vote was una- nimous. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to authorize the issuance of a Professional Service Order to Post Buckley Schuh & Jernigan to accomplish the Tasks as agreed upon for improve- ments to Harry Harris Park. Motion carried unanimously. Robin Staten of Executive Building Maintenance addressed the Board regarding janitorial service bids for the Chaplin Building. Motion was made by Commissioner Jones and seconded by Mayor Harvey to direct Staff to negotiate with the present contractor for cleaning two days per week for the period up to the transfer to the new location and to begin bidding for the new Marathon office space immediately. Roll call vote was unanimous. The Board discussed a Status Report from David Koppel to Dent Pierce dated September 27th regarding the designation of U.S. 1 as a Scenic Highway. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to direct Growth Management to prepare a report as to how some of the objectives of the Scenic Highway Program can be realized through the Land Use Plan. Roll call vote was unanimous. COMMISSIONERS' ITEMS Commissioner London discussed the need to improve and possibly expand County recreational facilities at Bay Point Park. Motion was made by Mayor Harvey and seconded by Commissioner Jones to conceptually approve Plan A as set out below and, upon request of the Board of County Commissioners, that the Land Authority be requested to acquire the necessary property: ww j06 Estimate of Conceptual Plan "A" (does not include purchase price of additional property) Grading and Drainage Improvements Basketball Court Volleyball Court (reloccate) 6 Lights Playground Equipment (relocate) Water Fountain Lighted Tennis Court 3 Picnic Shelters Landscaping (Buffer Yards) Removal of Exotics Site Electric Permitting Total Roll call vote was unanimous. $ 45,000.00 32,000.00 4,200.00 12,000.00 4,000.00 1,500.00 45,000.00 3,000.00 30,000.00 6,000.00 5,000.00 1,520.00 $189,220.00 Commissioner Cheal discussed his proposed Resolution expressing the opposition of the Board of County Commissioners to governmental imposition of addit10nal restrictions on a woman's right to reproductive freedom. The following persons addressed the Board: Lisa Versaci, Debby Armstrong, Mary Boa, Monica Geers, Iva Stanley, Cindy Suarez, Cathy Grostefon, Linda Toth, Joyce Mills, John Stutter, John Rotey, Margaret Walter, Scott Fairbairn, Joyce Newman, A1 Baker, Lynne Fielder, Sue Piscopink, Matt Piscopink, Lisa Rhoades, Vicki Rafal, Pat Rocketeschel, Patti Baldwin, Trula Motta, Sharon Coen, David Ethridge, Alan Farago, Robin Ceballos, Michele Grabill, Kimberly Gall, Rev. A. G. Planes, Gary Grabill, Rev. Morris Wright, Paul Daniel. Motion was made by Commissioner Cheal to adopt the. Resolution. Motion died for lack of a second. DIVISION OF COMMUNITY SERVICES Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve and authorize execution of a Lease Agreement with Diane M. Heberle d/b/a The Airport Gift Shop for space at the Key West International Airport. Motion carried unanimously. COMMISSIONERS' ITEMS Growth Management Division Director Robert Herman and Planning Director Lorenzo Aghemo addressed the Board regarding URM setbacks. The following individuals addressed the Board: Ron Kaminski, Lois FoIl, Helene peitsch, Harry Peitsch, Jack Brier, John Traum, Charles Johnson, Jon North, William Schoepe. Motion was made by Commissioner London and seconded by Commissioner Jones to reconfirm the established policy of allowing replacement of mobile homes within their existing footprint. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner London to direct that the new Land Development Regulations include accommodating previous RU-8 setbacks. Roll call vote was unanimous. DIVISION OF COMMUNITY SERVICES Division Director Peter Horton gave a status report on the Boating Improvement Fund and Derelict Vessel Programs. No action was taken. 1 WW 107 Mr. Horton addressed the Board concerning the expansion of the Children's Room at the Marathon Branch Library. Motion was made by Commissioner London and seconded by Commissioner Cheal to authorize Staff to nego- tiate with Architect Tom Pope. Motion carried unanimously. - Motion was made by Commissioner Stormont and seconded by Commissioner Jones to reconsider Agenda Item C-IO which requested approval of an Addendum to Lease Agreement between REDI Real Estate Information Service and Monroe County Code Enforcement, adding on three strip map books, in the amount of $1,245.00. Motion carried unani- mously. Motion was then made by Commissioner Stormont and seconded by Commissioner Jones to approve the request as long as the maps are not zoning maps. Motion carried unani- mously. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Jones and seconded by Commissioner Harvey to approve selection of Nolan Enterprises as the low bidder for the Matecumbe Beach Park Project in the amount of $224,000.00 and approve and authorize execution of the contract therefor. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve payment to Haben, Culpepper, Dunbar and French, P.A. in the amount of $7,019.30 for additional services rendered for development __ of the Interim Growth Control Ordinance and the Pending Ordinance Doctrine. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve payment to Freilich, Leitner, Carlisle and Shortridge, P.A. in the amount of $34,933.l8 for services rendered for preparation of the Interim Growth Control Ordinance, Pending Ordinance Doctrine Resolution, and legal consulting services in connection with the revision of the Monroe County Comprehensive Plan. Motion carried unanimously. DIVISION OF PUBLIC SAFETY The Board discussed a proposed Resolution rescinding Resolution No. 076-1991 and Resolution No. 129-1991 and establishing a Fire-Rescue Resources Review Committee. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to continue this item to be resolved with the District #1 concerns relative to the pro- posed Resolution. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL The Board entered into a discussion regarding the requested approval of a Contract Supplement clarifying intent as it pertains to Paragraph 3 of the Contract with Tinsley Advertising, Inc. Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve. During discussion, the motion was withdrawn. Motion was then made by Commissioner Stormont and seconded by Commissioner Cheal to refer this matter back to the Tourist Development Council to work with the County Clerk for an appropriate resolution. Roll call vote was unanimous. WW' "108 COUNTY ATTORNEY County Attorney Randy Ludacer discussed the case of Shark Key vs. Monroe County and the issuance of an Order for temporary injunction. After discussion, motion was made by Commissioner London and seconded by Commissioner Jones directing the Building Department to issue permits in any areas impacted by the decision in the case of Shark Key vs. Monroe County. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes Yes Yes Motion carried. Motion was made by Commissioner London and seconded by Commissioner Jones to acknowledge and accept the School Board's report showing that school facilities are adequate and directing the Growth Management Division to implement the new report in the Capital Facilities Report as per the holding in the case of Shark Key vs. Monroe County. Roll call vote was unanimous. Mr. Ludacer advised the Board that the Department of Natural Resources had approved the County's Detergent Ordinance on September 19th. , The County Attorney discussed a recent accident at the approach to Ocean Reef. Mr. Ludacer discussed the case involving Mr. DeCarion. Motion was made by Commissioner Jones and seconded by Mayor Harvey to not appeal the case. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No Yes Motion carried. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve and authorize execution of an Employment Agreement with Raul J. Aguila as an Assistant County Attorney. Roll call vote was unanimous. Mr. Ludacer advised the Board that an appeal had been filed concerning the judgment in the case regarding Florentino Gonzalez - Cook Island. Motion was made by Commissioner Jones and seconded by Commissioner London to award the bid for the loan for funds for the Grassy Key Translator Project to the low bidder, Florida Keys First State Bank ($360,000.00 @ 9% per annum), and to approve and authorize execution of the Promissory Note and Tax Anticipation Warrant therefor. Motion carried unanimously. Motion was made. by Commissioner Jones and seconded by Commissioner Cheal to grant permission to advertise for Public Hearing a proposed Ordinance removing "resolution" as ww 109 a method of Board of County Commissioners decision-making under Chapter 9.5, Monroe County Code. Motion carried una- nimously. Mr. Ludacer discussed the lawsuit of Comerica Trust Company of Florida, N.A., as agent for First American Bank & Trust, N.A., f/k/a First American Bank & Trust, Trustee under Flkorida Land Trust No. 010597 vs. Monroe County con- cerning the reversionary interest at the Key West International Airport. Motion was made by Commissioner Jones and seconded by Mayor Harvey to authorize the County Attorney to seek outside counsel to defend the County in this case. Motion carried unanimously. COMMISSIONERS' ITEMS Motion was made by Commissioner Jones and seconded by Mayor Harvey to adopt the following Resolution in support of the "Full Service School" concept as proposed by the Monroe County District School Board. Roll call vote was unanimous. RESOLUTION NO. 395-1991 See Res. Book No. lOl which is incorporated herein by reference. Motion was made by Commissioner London and seconded by Commisisoner Jones to adopt the following Resolution requesting the imposition of a five-year moratorium on the burning of hazardous wastes in boilers, industrial furnaces, cement kilns, incinerators, or otherwise within the State of Florida. Motion carried unanimously. RESOLUTION NO. 396-1991 See Res. Book No. 101 which is incorporated herein by reference. COUNTY ADMINISTRATOR The Board discussed the confirmation of George Garrett as Director of the Marine Resources Department. Herb Pontin addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to confirm the County Administrator's selection of George Garrett as Director of the Marine Resources Department. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes No Motion carried. Motion was made by Commissioner London and seconded by Commissioner Stormont to postpone the reappointment of Dr. Otha Cox to the Tourist Development Council and allow the Commissioners to prepare a list of nominees. Roll call vote was taken with the following results: ww .11 0 Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes No Motion carried. There being no further business, the meeting was adjourned. * * * * *