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03/11/1992 RegularXX 108 Regular Meeting Board of County Commissioners Wednesday, March 11, 1992 Key Largo A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the County Public Library in Key Largo. 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 a moment of silent prayer and the Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve additions, deletions and corrections to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of the January Employee of the Month Award was made to Barbara Epstein, Building Office Coordinator, Division of Growth Management. A Mayor's Proclamation proclaiming the month of March as Red Cross Month was presented to Nancy Graham. BULK APPROVALS Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve the following items by una- nimous consent: MISCELLANEOUS BULK APPROVALS Board adopted the following Resolution authorizing the Mayor and County Clerk to enter into a Local Government Cooperative Assistance Program Memorandum of Agreement and Joint Participation Agreement with Florida Department of Transportation for reconstruction of Card Sound Road. RESOLUTION NO. 140-1992 See Res. Book No. 106 which is incorporated herein by reference. Board granted approval to Engineering Department, Public Works Division, to purchase computer equipment from Caribbean Computers in the amount of $2,624.00. Board adopted the following Resolution amending Resolution No. 069-1992 concerning the transfer of funds. .10 9 RESOLUTION NO. 141-1992 See Res. Book No. 106 which is incorporated herein by reference. Board adopted the following Resolution concerning the transfer of funds. RESOLUTION NO. 142-1992 See Res. Book No. 106 which is incorporated herein by reference. Board adopted the following Resolutions concerning the receipt of unanticipated funds. RESOLUTION NO. 143-1992 RESOLUTION NO. 144-1992 RESOLUTION NO. 145-1992 RESOLUTION NO. 146-1992 RESOLUTION NO. 147-1992 RESOLUTION NO. 148-1992 See Res. Book No. 106 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor of the Board to execute a Community Service Block Grant Award Agreement (Contract No. 92SB-69-11-54-01-074) with the Florida Department of Community Affairs to provide funding for a part-time teacher's aide at the Grace Jones Day Care Center. RESOLUTION NO. 149-1992 See Res. Book No. 106 which is incorporated herein by reference. Board granted approval to accept and execute a State Aid To Libraries Grant Agreement (Project Number 92-ST-41) with the Florida Department of State, Division of Library and Information Services. Board approved and authorized ratification of Agreement with Charles G. Pinder, Resident, and Donald Pinder, Responsible Party, for admission to Bayshore Manor. Board approved and authorized execution of Lease with The United States of America, Department of Transportation, Federal Aviation Administration, Southern Region (Lease No. DTFA06-92-L-12130) covering space location in the Terminal Building and in Hangar No. 1 at the Key West International Airport for storage by the Airway Facilities Sector Field Office and the Air Traffic Control Tower. Board adopted the following Resolution denying the appeal filed by Robert T. Skerrett of Planning Commission Resolution No. 37-91 which upheld the decision of Ty Symroski, Development Review Coordinator, stating that an RV Park is not a permitted use in the Suburban Commercial Land Use District. RESOLUTION NO. 150-1992 See Res. Book No. 106 which is incorporated herein by reference. Board adopted the following Resolution instructing the Monroe County Tax Collector to initiate Department of Revenue Form entitled "Notice to Tax Collector of Application for Tax Deed" and to instruct the Tax Collector to make Tax Deed Application for the following fifteen �1 10 delinquent tax certificates held by the County for the 1988 tax year: 000025, 000924, 001019, 001104, 002378, 002383, 002384, 002389, 002390, 002392, 002393, 002394, 002737, 002743, and 003589. RESOLUTION NO. 151-1992 See Res. Book No. 106 which is incorporated herein by reference. 11 Board granted approval to Mayor to execute appropriate docu- ments concerning the appointment of a new trustee in the Margo Golan Charitable Remainder Unitrust. Board granted approval for any County Commissioner to attend the Third Annual Growth Management Short Course, April 13-15, in Tallahassee, and the Coral Reef Coalition Conference, March 19-22, Holiday Inn Beachside, Key West. Board approved and authorized execution of Reimbursement Agreement Addendum between Key Largo Volunteer Fire Department, Inc. and Municipal Services Taxing District 6 extending the ending date of the previous original agreement as amended to September 30, 1992. Board accepted Staff recommendation to grant approval for Federal Adviation Administration, Miami Airway Facilities Sector, to utilize tower space at the Key Largo, Grassy Key and Key West Translator Sites; but advising that due to space limitations, other arrangements will need to be made to house communications equipment. Board approved and authorized execution of Reimbursement Agreement Addendum between Tavernier Volunteer Fire Department and Ambulance Corps, Inc. and Municipal Services Taxing District 5 extending the ending date of the previous original agreement as amended to September 30, 1992. Board approved Staff recommendation to authorize use of County fueling facilities to Monroe County School Board and for County to invoice School Board monthly for cost and 10% surcharge. Board adopted the following Resolution supporting the acquisition of the Reefcomber Motel as an addition to the Key Largo administrative site of Everglades National Park. RESOLUTION NO. 152-1992 See Res. Book No. 106 which is incorporated herein by reference. Board accepted Staff Recommendation to approve renewal of property insurance for TV Translator System with Cornelius, Johnson & Clark/Reliance Insurance Co. in the amount of $32,401.00 for one year. ADVERTISEMENTS Board granted approval to Recycling Department, Municipal Service District, to advertise for bids for purchase of one horizontal baler with conveyor. Board granted approval to advertise for Public Hearing a proposed Ordinance to eliminate the Building Official's authority to suspend or revoke a contractor's certificate of competency if contractor has been adjudicated bankrupt. REFUND REQUESTS Board authorized payment of refund in the amount of $3,600.00 to Larry Erskine due to an overcharge by staff in connection with applications for plat amendments and TDR transfers for his client, John Ely, on July 2, 1991. Board authorized payment of refund in the amount of $500.00 to T/I Associates for a map amendment application which was not processed inasmuch as Board of County Commissioners halted process of all map amendment applications. Board authorized payment of refund in the amount of $250.00 to Charles Barksdale for a map amendment application which was not processed inasmuch as Board of County Commissioners halted process of all map amendment applications. MISCELLANEOUS BULK APPROVALS Board adopted the following Resolution enabling unwed pregnant minors to quality for and have access to the Monroe County Transportation Program. RESOLUTION NO. 153-1992 See Res. Book No. 106 which is incorporated herein by reference. Board adopted the following Resolutions concerning the transfer of funds. RESOLUTION RESOLUTION See Res. Book No. 106 which reference. NO. 154-1992 NO. 155-1992 is incorporated herein by SHERIFF'S DEPARTMENT Board granted approval to spend $9,500.00 of "Reserve for Video Equipment" funds in the Fine and Forfeiture Fund #101 for acquisition of a trailer in Plantation Key to be used as the site for the video -transmitted first appearances. Board adopted the following Resolution concerning the transfer of funds. RESOLUTION NO. 156-1992 See Res. Book No. 106 which is incorporated herein by reference. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Board granted approval to Porter/Rosasco to proceed with furnishing and installing four additional door closures at the Plantation Key Atrium Project in an amount not to exceed $600.00, with appropriate Change Order to be included at next Board meeting. Board approved and authorized execution of Change Order No. PC-002-002 to contract with Porter/Rosasco for revised digi- tal control cabinet at the Plantation Key Atrium Project for an additional amount of $742.00. Boad approved and authorized execution of Change Order No. PC-002-003 to contract with Porter/Rosasco for credit for XX 112 color difference of open shelf files at the Plantation Key Atrium Enclosure Project in the amount of $700.00. Board granted approval to Porter/Rosasco to proceed with furnishing and installing revised security fence and gates at the Plantation Key Atrium Enclosure in an amount not to exceed $2,500.00, with appropriate Change Order to be included at next Board meeting. DIVISION OF PUBLIC WORKS Board authorized purchase of upgraded equipment for the truck -mounted striping machine from Linear Dynamics, Inc. in the amount of $2,505.00. TOURIST DEVELOPMENT COUNCIL Board adopted the following Resolution transferring funds. RESOLUTION NO. 157-1992 See Res. Book No. 106 which is incorporated herein by reference. Board approved an amount not to exceed $10,000.00, DAC IV, Third Penny from Marketing Plan that was designated for the fishing brochure reprint for Tinsley Advertising to produce a quality visitor's index to be used for fulfillment after the existing brochure has been used. Board adopted the following Resolution rescinding a Local Major Events Agreement with Sunset Festivals Ltd., Inc. in the amount of $50,000.00 for the Key West Jazz Festival on May 14-17, 1992. RESOLUTION NO. 158-1992 See Res. Book No. 106 which is incorporated herein by reference. Board approved and authorized execution of a Local Major Events Agreement with Key West Festivals, Inc. in the amount of $44,000.00, DAC I, Two Penny Events for Hemingway Days Festival on July 20-26, 1992. Board approved and authorized execution of a Local Major Events Agreement with the Key Largo Chamber of Commerce in the amount of $10,000.00, DAC V, Third Penny, Special Events for the Legendary Island Music Festival on September 26, 1992. Board adopted the following Resolution transferring funds. RESOLUTION NO. 159-1992 See Res. Book No. 106 which is incorporated herein by reference. Board approved and authorized execution of an Addendum to Agreement with the Association For Tourism Development for Fantasy Fest 191 regarding a budget amendment. Board approved payment of Tourist Development Council expen- ditures in the amount of $320,173.47 (Input Date 2/13/92), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $94,366.09 (Input Date 2/13/92), 113 subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $339,072.17 (Input Date 2/13/92), subject to final invoice approval by the County Finance Department. Board approved an amount not to exceed $3,000.00, DAC V, Third Penny, DAC V Advertising Reserves for full page black and white ad in Sportsfishing Magazine Special Issue. Board approved an amount not to exceed $4,000.00, DAC IV, Third Penny, DAC IV Advertising Campaign Reserves for a full page four-color ad in the Sportsfishing Mazazine Special Issue. Board approved an amount not to exceed $2,300.00, DAC III, Third Penny, DAC III Advertising Campaign Reserves for a full page black and white ad in the Sportsfishing Magazine Special Issue. Board approved an amount not to exceed $885.00, DAC II, Third Pennny, DAC III, Advertising Campaign Reserves for black and white ad in the Sportsfishing Magazine Special Issue. Board approved an amount not to exceed $6,570.00, DAC I, Third Penny, DAC III Advertising Campaign Reserves for a double truck ad in the Sportsfishing Magazine Special Issue with eight co-op opportunities being offered at $400.00 each. Board approved an amount not to exceed $20,449.00, DAC I, Third Penny, DAC I Advertising Campaign Reserves for 100,000 DAC I Brochures for fulfillment. Board approved and authorized execution of Addendum to Agreement with the Key West Business Guild concerning a budget amendment regarding Christmas By The Sea '91. Board approved an amount not to exceed $12,500.00, Cultural Umbrella, for the Marine Heritage Festival in Islamorada in March, 1992. Board approved an amount not to exceed $46,942.00, balance. of previously approved allocation returned to Fishing Umbrella Reserves as follows: Tournament KW Marlin Tournament KWCBA Kingfish Tournament LPI Rel B/F Tournament Del Gurercio KCB Sailfish Tournament Million Dollar Fish Total Reserves Amount Returned To Reserves $ 1,492.00 4,000.00 600.00 4,425.00 4,425.00 32,000.00 $ 46,942.00 Board approved an amount not to exceed $46,902.50, second allocation under the Fishing Umbrella as follows: XX - ,114 Tournament Allocation S.L.A.M. 91 $ 14,000.00 Marathon Int'l Bonefish Tournament 1,230.00 Galleon Marina Fish Roundup 5,330.00 S.L.A.M. 92 12,300.00 Marathon Sailfish Tournament 1,640.00 Ladies Invitational Tarpon Tournament 799.50 Marathon Invitational Tarpon Tournament 943.00 Holiday Inn Fish Tournament 2,460.00 Coconuts Roundup 4,100.00 Coconuts Dolphin Roundup 4,100.00 Total Allocations $ 46,902.50 Board approved payment of Tourist Development Council expen- ditures in the amount of $16,780.71 (Input Date 2/20/92), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $33,556.34 (Input Date 2/20/92), subject to final invoice approval by the County Finance Department. Board approved an amount not to exceed $470.00 for the purchase of three hundred mailing tubes. Board approved and authorized execution of Amendment to Grant of Funds Agreement with the Key West Art & Historical Society for the renovation of the Key West Customs House. COUNTY ADMINISTRATOR Board approved payment of the following invoices; 1. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, in the amount of $11,324.19, for professional services for January. 2. Martin-Vegue Funeral Home, in the amount of $485.00, for professional services re Pauper Burial. 3. Public Financial Management, Inc., in the amount of $2,503.29, for financial advisory services for the month of January. APPOINTMENTS Board approved following slate of officers and members at large for the AARP Upper Keys Chapter 2519 for 1992: Board of Directors: President Irene Johnson 1st Vice President Alice Hassett 2nd Vice President Martha Silverman Treasurer Frank Nash 115 Recording Secretary June Morrison Corresponding Secretary Ann Benson Members at large: Alice Anderson, Chairperson, Public Relations Roni Johnson Fred Ross, Chairman, Legislative Committee Claire Kerr Dr. John White, Member OAAB Ruth Richardson, Member OAAB Ken Hur Jim Jean Eva Steinka, Member OAAB COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND, #164490-#165769, in the amount of $3,415,769.53. SUPPLEMENT TO GENERAL REVENUE FUND, #410-#412, in the amount of $93,145.26. FINE & FORFEITURE FUND, #1239-#1243, in the amount of $1,973,947.66. AIRPORT OPERATION & MAINTENANCE FUND, #697-#699, in the amount of $81,315.67. ROAD & BRIDGE FUND, #694-#697, in the amount of $247,976.75. MSD TAX DISTRICT, #1629-#1631, in the amount of $1,062,436.43. MSD TAXING DISTRICTS, #638-#643, in the amount of $255,157.56. MSD - PLEDGED FUNDS, #257-#259, in the amount of $1,021,919.28. LAW LIBRARY FUND, #356, in the amount of $999.48. CAPITAL PROJECTS FUND, #527-#530, in the amount of $144,552.91. MONROE COUNTY GROUP INSURANCE, #495-#498, in the amount of $4,006,398.75. CARD SOUND BRIDGE FUND, #407-#409, in the amount of $37,972.92. WORKERS COMPENSATION, #3799-#3816, in the amount of $41,722.30. TOURIST DEVELOPMENT COUNCIL, #749-#751, in the amount of $561,529.06. TRANSLATOR FUND, #345-#347, in the amount of $11,352.38. FAIR SHARE IMPROVEMENT TRUST FUND, #074-#079, in the amount of $4,005.68. .116 RISK MANAGEMENT FUND, #164-#166, in the amount of $20,194.62. PLANNING, BUILDING & CODE ENFORCEMENT, PARKS & BEACHES UNINCORPORATED, #357-#359, in the amount of $362,789.33. UPPER KEYS TRAUMA DISTRICT, #112-#114, in the amount of $70,824.11. SALES TAX BOND ANTICIPATION NOTES, #44-#48, in the amount of $184,514.20. MONROE COUNTY FL. TRUST FUND ACCOUNT, #1017, in the amount of $1,579.00. Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATION, Guillermo Marcovici, in the amount of $700.00; A. Louis O'Connor, in the amount of $300.00. COURT -APPOINTED ATTORNEYS, Candida A. Cobb, in the amount of $1,050.00; Max C. Fischer, in the amount of $2,569.55; Timothy N. Thomas, in the amount of $2,450.77; Charles Milligan, in the amount of $756.06; Leonard F. Mikul, in the amount of $3,754.60; Franklin Greenman, in the amount of $1,736.75; William Kuypers, in the amount of $1,494.00; Maria Betancourt, in the amount of $4,704.75; Michael E. Cox, in the amount of $2,161.25; Stephen S. Isherwood, in the amount of $700.00; Charles Everett, in the amount of $550.00; Jose Villalobos, in the amount of $364.00. OTHER EXPENSES, Louis J. Spallone, in the amount of $4,250.00; Associated Investigative Agents, Inc., in the amount of $1,196.50; Quality Copy Service, in the amount of $116.30; State of Florida, in the amount of $1,188.00. COURT REPORTER SERVICES, Associated Court Reporters of Monroe County, in the amount of $2,258.00; Florida Keys Reporting, in the amount of $1,021.50; Lisa Roeser, in the amount of $1,764.50; Nancy J. Maleske, in the amount of $1,019.25; Amy Landry, in the amount of $890.75; Kathleen Fergers, in the amount of $84.00; Rhonda Brown, in the amount of $390.00; Billie Jean Fase, in the amount of $128.25; Tara Martin, in the amount of $1,163.29. COURT INTERPRETER SERVICES, Edelvaiss Fernandez, in the amount of $265.00; Susan Tellez, in the amount of $135.00; Margarita Opperman, in the amount of $375.00; Jose Menendez, in the amount of $480.00; Joseph Ferran, in the amount of $310.00; Amelia Roberts, in the amount of $130.00; Alexandra Ramos, in the amount of $35.00; Luis Sanchez, in the amount of $105.00; Fermin Pastrana, in the amount of $35.00; Tomasz Gadomski, in the amount of $25.00; Witold Wojalzik, in the amount of $80.00; Mayda Maloney, in the amount of $210.00; J. R. Alayon, in the amount of $685.00. REGULAR WITNESS, Witness Payroll Fees, in the amount of $553.88. TRAVEL, Simplicity & Travel, in the amount of $933.00. .117 Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the purchase of one Front End Loader from Case Power and Equipment in the amount of $47,861.00 for the Municipal Service District. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Community Services Division Director Peter Horton addressed the Board regarding a short-list committee to rank responses to the Development of Regional Impact for a new terminal building and associated facilities at the Key West International Airport. Motion was made by Commissioner Stormont and seconded by Commissioner London to accept Staff's recommendation to appoint the following short-list committee for all airport capital projects: Thomas W. Brown, County Administrator Peter J. Horton, Director, Community Services Art Skelly, Director, Airports David Koppel, Director, Engineering Lenwell Bivins, Aviation Specialist representing FDOT Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to approve and authorize execution of Task Order 8 with Reynolds Smith & Hills concerning the redesign of the Marathon Terminal Complex. Motion was then made by Commissioner London and seconded by Commissioner Jones to postpone for the County Attorney's review. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones Yes London Yes Stormont Yes No County Attorney Randy Ludacer discussed a Resolution providing a preference to local construction contractors for certain capital improvements. Motion was made by Commissioner London and seconded by Commissioner Cheal to postpone to the next meeting. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. After further discussion, motion was made XX 118 by Commissioner London and seconded by Commissioner Jones to reconsider. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Cheal to adopt the Resolution. Doug Fuller addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner London to postpone. Roll call vote was unani- mous. — Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve and authorize execution of Addendum to Contract with Dr. Brian E. Lapointe concerning the Water Quality Monitoring Project and also to approve and authorize execution of Addendum to Contract with Dr. Brian E. Lapointe concerning the Wastewater Treatment Demonstration Project. Roll call vote was unanimous. The Board discussed placement of contracts on the Agenda before all items concerning those contracts have been completed. Motion was made by Commissioner Jones and seconded by Commissioner Cheal directing the County Attorney not to release any contracts to the Clerk for execution until all documentation required is provided. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Planning Director Lorenzo Aghemo addressed the Board concerning an Agreement between Florida Department of Community Affairs, Monroe County, Francis N. Cook and Upper Keys Marine Construction, Inc. concerning property described as the NW i of the NW i, Section 26, Township 62S, Range 38E, Key Largo. Attorney Tim Thomes, representing Upper Keys Marine Construction, addressed the Board. Ronnie Gillman of Upper Keys Marine Construction, Monroe County Biologist Jean Nikko Reisinger, and Dagny Johnson of the Upper Keys Citizens Association addressed the Board. Staff was directed to bring back additional information concerning this matter. Motion was made by Commissioner London and seconded by Commissioner Jones to postpone until the next meeting. Roll call vote was unanimous. The Board recessed for a meeting of District #1 Board of Governors. 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 reconvened. Present and answering to roll call were Commissioners Mickey Feiner, Hal Halenza, Jack London, John Stormont, and Chairman Earl Cheal. Reggie Paros, Director of the Division of Public Safety, addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Halenza to approve and authorize execution of the following: XX .1 19 Reimbursement Agreement Addendum with the Big Coppitt Volunteer Fire Department, Inc. extending the ending date of the Agreement to September 30, 1992 Reimbursement .Agreement Addendum with the Stock Island Volunteer Fire Department, Inc. extending the ending date of the Agreement to September 30, 1992 Reimbursement Agreement Addendum with the Sugarloaf Volunteer Fire Department, Inc. extending the ending date of the Agreement to September 30, 1992 Reimbursement Agreement Addendum with the Layton Volunteer Fire Department, Inc. extending the ending date of the Agreement to September 30, 1992 Reimbursement Agreement Addendum with the Conch Key Volunteer Fire Department and Rescue Squad, Inc. extending the ending date of the Agreement to September 30, 1992 Reimbursement Agreement Addendum with the Marathon Volunteer Fire & Rescue, Inc. extending the ending date of the Agreement to September 30, 1992 Reimbursement Agreement Addendum with the Big Pine Volunteer Fire Department, Inc. extending the ending date of the Agreement to September 30, 1992 Reimbursement Agreement Addendum with the Islamorada Fire and Rescue Corps, Inc. extending the ending date of the Agreement to September 30, 1992 Roll call vote was unanimous. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. The Board of County Commissioners reconvened with all Commissioners present. MISCELLANEOUS BULK APPROVALS ADVERTISEMENTS Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to grant permission to advertise for Public Hearing a proposed Ordinance to provide that reimbursement schedules for fire/rescue and emergency medical services volunteers shall be established by the Board of County Commissioners in Reimbursement Agreements to be entered into between the volunteer departments and the Board. Motion carried unanimously. 120 FLOOD VARIANCE REQUESTS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Twin Harbors Resort for a bath house facility greater than 300 square feet below base flood ele- vation on Parcel #8506, US-1, Bayside, MM 103.5, Key Largo; Zoned Suburban Commercial (SC); Coastal Flood Zone VE-13', Panel 0844F. Motion carried unanimously. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve and authorize execution of Amendment #1 to the Agreement with Petsche and Associates, Inc. to incorporate overtime rates in Section 5.0 Compensation in Petsche & Associates' annual service contract for quality control testing and threshhold inspec- tion services on the New Monroe County Detention Facility. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to grant approval to purchase security grilles for precast concrete cells for the New Detention Facility in an amount not to exceed $28,000.00. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones No London Yes Stormont Yes Yes Motion was made by Commissioner London and seconded by Commissioner Stormont to grant approval of a not to exceed cost of $35,000.00 and authorization to proceed with remedial action to Caisson Number D-13 at the New Jail, with documentation to be brought back at future Board meeting. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. The Board discussed the Plantation Key Atrium Enclosure Project. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to request that Morrison/Knudsen provide a design that will keep the screening facilities within the footprint of the building and to utilize the existing corridor for access to the new courtroom. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones No London Yes Stormont Yes Yes XX .121 Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the Schedule of Values for J. F. Hoff Electric Company for their Contract KJ-008, Prime Electrical for the New Detention Facility. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones No London Yes Stormont Yes Yes Motion was made by Commissioner London and seconded by Commissioner Cheal to approve proposed settlement of the fill issue with Toppino's Inc. for work at the New Jail Site with a Change Order in the amount of $70,000.00 to be brought back to the Board for approval. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey Yes Motion carried. DIVISION OF PUBLIC WORKS Key Colony Beach Mayor Mickey Feiner and County Engineering Director David Koppel addressed the Board regarding previous authorization to fund an additional $20,000.00 for Key Colony Beach culvert engineering inspec- tions. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal directing that the $20,000.00 appropriated will not go to Post Buckley Schuh & Jernigan. Motion carried unanimously. The Board recessed for lunch. The Board reconvened with all Commissioners pre- sent. COMMISSIONERS' ITEMS Mayor Harvey read a statement by the Isaak Walton League supporting State and Federal protection of wetlands. The Clerk read a letter from Last Stand also in support of this matter. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to adopt the following Resolution opposing the proposed revisions to the Federal Wetlands Delineation Manual and to proposed Wetlands Legislation, HR-1330 and SB-1463. Ro]J call vote was unanimous. RESOLUTION NO. 160-1992 See Res. Book No. 106 which is incorporated herein by reference. XX 122 DIVISION OF PUBLIC WORKS Division Director Dent Pierce and Engineering Director David Koppel addressed the Board concerning the progress of the Engineering Department. Mr. Pierce discussed the proposed Interlocal Agreement with the School Board and gave a progress report. No official action was taken. COMMISSIONERS' ITEMS After discussion by Commissioner London, motion was made by Commissioner London and seconded by Commissioner Jones to reconsider the Board's previous action concerning the St. Jude's Bike-A-Thon to be held on Big Pine Key on March 28th. Motion carried unanimously. Motion was made by Commissioner London and seconded by Mayor Harvey to approve Staff's recommendation to grant the request by St. Jude's Hospital to use I mile of Key Deer Boulevard from 9:00 a.m. to 12:00 p.m. and grant the request for a fee waiver based on the following requirements being met: 1. Clean up after the event is necessary 2. The placement of traffic cones spaced 50' apart along the entire one lane section of road 3. Barricades on side streets, easements, and driveways prohibiting access onto closed section of roadway 4. Policemen directing traffic at beginning and ending of course 5. Capable volunteers to be stationed at all other locations where vehicles could cross the Bike-A-Thon route 6. Public notice given thru handouts to those in Tropical Key Colony 7. Contact Emergency Rescue agencies 8. Supply the County Public Works Department with proper proof of insurance 9. Fee waiver since a non-profit organization Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey Yes Motion carried. Commissioner Jones discussed explosive blasting in Monroe County. The following individuals addressed the Board: Morton Feit, Ronnie Gillman, Robert Southworth, Dagny Johnson, Tempie Blinde, Buddy Bernard, Francis McAuliff, Harry Perrard, Jane Wulle. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal VV Z%J% .1 2 3 that the Building Official is directed to use all of the powers in Chapter 5 including 5-26 of the Monroe County Code to meet the concerns expressed at this meeting. Roll call vote was unanimous. Staff was also directed to review possible changes to the County's Blasting Ordinance. TOURIST DEVELOPMENT COUNCIL Tammy Hill, Public Relations Director of Holiday Isle Resort, addressed the Board. County Attorney Ludacer discussed the Holiday Isle court case and the results. Motion was made by Commissioner Jones and seconded by Commissioner London to approve and authorize execution of a Local Major Events Agreement with Holiday Isle Resorts & Marina in the amount of $15,000.00, DAC IV, Two Penny, Events for the Islamorada/Busch World Cup Championship Race on May 2/3, 1992. Mickey Feiner discussed the matter. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey Yes Motion carried. COMMISSIONERS' ITEMS Mayor Pro Tem London announced his appointment of Gene Rhodus to replace B. G. Carter on the Code Enforcement Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve the appointment. Roll call vote was unanimous. Commissioner Stormont announced that Nancy Olmstead had tendered her resignation from the Code Enforcement Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to add to the Agenda the appointment of Linda Jensen to the Code Enforcement Board. Motion carried unanimously. Mayor Harvey then nominated Linda Jensen to replace Nancy Olmstead on the Code Enforcement Board. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve the appoint- ment. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones Yes London Yes Stormont No Yes B. G. Carter addressed the Board concerning the activities of the Code Enforcement Board. He introduced Robert Smith who had been elected Chairman of the Code Enforcement Board and Jerry Barnett who was elected Vice - Chairman. The matter concerning the need to obtain demoli- tion permits in Code Enforcement cases was referred to Staff. TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Cheal and seconded by Mayor Harvey to postpone the request for an amount not to 24 exceed $3,018.00 for computer equipment for the Admin- istrative Office. Roll call vote was unanimous. Motin was made by Commissioner Jones and seconded by Mayor Harvey to approve an amount'not to exceed $2,800.00, DAC V, Third Penny, DAC V Advertising Campaign Reserves; cancel the painted rotary billboard at Kendall/Florida City on US-1 saying "DIVE KEY LARGO"; and rent the co-op billboard at LaJeune Road between the airport and the exit for 836 at an annual cost of $28,000.00. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey Yes Motion carried. The County Attorney was directed to investigate the County's Billboard Ordinance and report back as to the possibility of applying a ten-year amortization for their removal. The Board discussed the request for approval to advertise a Request For Proposals for Bricks & Mortar Projects within the Florida Keys. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to appoint a committee consisting of the Clerk, the County Attorney, the County Administrator, and the Chairman of the Tourist Development Council to establish guidelines to be incorporated in RFP's for Bricks & Mortar Projects. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Request For Proposals for Bricks & Mortar Projects within the Florida Keys with a paragraph that indicates that addi- tional concerns may be addressed by the TDC in determining the distribution of funds. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner London to postpone to the next meeting approval of various Tourist Development Council policies to be placed in the TDC Operations Manual. Motion carried una- nimously. Motion was made by Commissioner Jones and seconded by Commissioner London to approve exercising the renewal option of the OPT contract conditioned on certain documen- tation being received. Roll call vote was unanimous with Commissioner Stormont not present. COUNTY ATTORNEY County Attorney Randy Ludacer discussed delinquent rentals on Chickets-On-The-Beach property. Motion was made by Commissioner Jones and seconded by Commissioner London to authorize the County Attorney to file eviction of the lease for non-payment of rent for over three months. Roll call vote was unanimous. Mr. Ludacer advised the County Commission of the following new cases vs. Monroe County: Kevin Avermante Hemisphere Equity Realty Cudjoe Key Homeowners Ocean Reef XX 125 Preservation Services Galleon Bay Wayne Lujan The County Attorney also discussed the progress of the eminent domain case concerning Crawl Key. Motion was made by Commissioner London and seconded by Commissioner Jones to grant authorization for the County Attorney to incur litigation costs up to $10,000.00 as necessary to prepare cases for trial. Roll call vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Stormont directing that James Hendrick be assigned to cases involving growth management issues. Roll call vote was unanimous. COMMISSIONERS' ITEMS Motion was made by Mayor Harvey and seconded by Commissioner Jones to appoint Commissioner Earl Cheal as Monroe County's representative on the Advisory Committee of the South Florida Water Management District. Jim Smith of the South Florida Water Management District addressed the Board. Roll call vote was unanimous. The County Administrator discussed the South Florida Water Management District meetings and the rotation schedule provided to the Commissioners dated February 24, 1992. The County Administrator discussed the progress of the Water Quality Contract and the Wastewater Treatment Demonstration Contract with Dr. Brian Lapointe. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to amend each contract to reflect that any patentable concepts developed will be the property of Monroe County with the rights to those concepts vested in the County. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to adopt the following Resolution naming Caloosa Cove Beach in memory of Anne K. Eaton. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. RESOLUTION NO. 161-1992 See Res. Book No. 106 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner London to reconsider the Board's action concerning the naming of the Long Key Landfill in memory of Lou Benson. Motion carried unanimously. Motion was then made by Commissioner Stormont and seconded by Commissioner London to approve the naming of the Long Key Landfill in memory of Lou Benson. Roll call vote was unani- mous. Motion was made by Commissioner Jones and seconded by Mayor Harvey to authorize travel and expenses for the XX 126 Mayor to attend the 1992 Biennial AARP Convention, June 2-4, 1992, in San Antonio, Texas. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey Yes Motion carried. Motion was then made by Mayor Harvey to authorize any Commissioner to travel to the 1992 Biennial AARP Convention. Motion died for lack of a second. The Board discussed the DCA's Florida Housing Partnership Program. No action was taken. The Board discussed Teikyo Westmar University's request to participate in creating a proposal for the leasing of Pigeon Key. No action was taken. Motion was made by Commissioner London and seconded by Commissioner Jones to approve travel and expenses for any Commissioner to attend the 14th Annual National Hurricane Conference in Norfolk, Virginia on April 8-10, 1992. Motion carried unanimously. Commissioner Cheal discussed the Translator System. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont (1) to request the City of Key West to conduct a referendum concerning the Translator on the September ballot and (2) that a County -wide referendum be conducted in November to ask voters if they wish to continue paying for the Translator services. During discussion, motion was made by Commissioner Jones and seconded by Mayor Harvey to postpone for receipt of further information from TCI. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones Yes London Yes Stormont No Yes Motion was made by Mayor Harvey and seconded by Commissioners to adopt the following Resolution supporting the concept of regional planning councils as they are now constituted and opposing any action to sunset Florida's regional planning councils. Roll call vote was unanimous. RESOLUTION NO. 162-1992 See Res. Book No. 106 which is incorporated herein by reference. Motion was made by Mayor Harvey and seconded by Commissioner Jones to adopt the following Resolution opposing sales tax on fuels used in the generation of electricity and reinstating the sales tax on services. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes { 127 Motion carried. RESOLUTION NO. 163-1992 See Res. Book No. 106 which is incorporated herein by reference. Mayor Harvey discussed a workshop to be held on March 17th concerning a County -wide communications calling rule. All Commissioners were requested to submit comments in writing if they so desire. COUNTY ADMINISTRATOR County Administrator Tom Brown discussed the pre- sentation of the Older Americans Advisory Board to the Board of County Commissioners at a previous meeting and their request for a response. Motion was made by Commissioner Cheal and seconded by Commissioner London directing the County Administrator to prepare responses for the Board to issues of the Older Americans Advisory Board for those items under his direction. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to continue consideration of adop- tion of a number of new administrative and operational poli- cies and procedures. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the revised MCBOCC Administrative Policies. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones No London Yes Stormont Yes No APPOINTMENTS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve the following Officers and Board Members of the Older American Advisory Board: Chairman Vice -Chairman Secretary Board Members: Bessie Schuler Norman Bohrer Eva E. Steinka Ruth Richardson Rusty Maffie Henry Hughes Charles Kamper Jim Ruddy Jean Paulson Louis Schwartz Blanche Wise Irene Johnson John White Helly Ruddy Mel Levitt Nellie Pantaleo Motion carried unanimously. COUNTY CLERK Motion was made by Commissioner Cheal and seconded by Mayor Harvey to postpone official approval of Minutes of XX 128 the following meetings of the Board of County Commissioners: 2/6/92, 2/18/92, 2/19/920, 2/21/92, 2/27/92. Motion carried unanimously. There being no further business, the meeting was II adjourned.