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06/29/1992 RegularYY 146 Regular Meeting Board of County Commissioners Monday, June 29, 1992 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date in Courtroom B of the Monroe County Courthouse Annex in Key West.. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Doug Jones, Commissioner Jack London, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Also present were Danny Kolhage, Clerk; Rosalie Connolly, Deputy 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 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 Jim Dore, Public Works Division's Safety Representative, was presented with the Monroe County Quarterly Individual Safety Award for January - March 1992. A Mayor's Proclamation was presented proclaiming the week of July 12 - 18, 1992 as Reef Awareness Week in Monroe County. Camilla M. Smith, Office Assistant II at Bayshore Manor, Division of Community Services, was presented with the April Employee of the Month Award. BULK APPROVALS Motion was made by Mayor Harvey and seconded by Commissioner Stormont to approve the following items by una- nimous consent: Board approved and authorized execution of Addendum to Lease Agreement with Mrs. Arthur Mulberg for use of the property located at 1315 Whitehead Street for one additional year in the amount of $6,750.00 per month. Board approved and authorized execution of a Memorandum of Understanding with the State of Florida Department of Transportation concerning telemetered traffic monitoring on Big Pine Key. Board approved and authorized execution of Change Order No. 1 to the contract with Nolan Enterprises & Inner Space Services, Inc. for the Lower Matecumbe Beach Improvements Project, said change order resulting in a decrease in the yy 147 amount of $580.00 and in an increase of sixty days. Board approved and authorized execution of Agreement between Florida Department of Highway Safety and Motor Vehicles, Division of Driver Licenses, and Monroe County (Michael Lowe) regarding Commercial Driver License Third Party Tester. Board approved and authorized execution of Change Order No. 1 to the contract with Mowrey Elevator Company, Inc. for installation of the new elevator at the Courthouse Annex for changes which would simplify installation. Board adopted the following Resolution requesting that the Supervisor of Elections place on the November 3, 1992 General Election Ballot a referendum question concerning the creation of a Municipal Service Street Taxing District for the subdivision known as Tropical Key Colony, Big Pine Key, for the purpose of financing the repaving, reconstruction and repair of streets and roads in said District. RESOLUTION NO. 310-1992 See Res. Book No. 109 which is incorporated herein by reference. Board granted approval for the Budget Workshop to be held on July 20 - 22, 1992 at the Key Colony Beach City Hall. Board adopted the following Resolutions concerning the receipt of unanticipated funds. RESOLUTION NO. 311-1992 RESOLUTION NO. 312-1992 See Res. Book No. 109 which is incorporated herein by reference. Board adopted the following Resolutions concerning the transfer of funds. RESOLUTION NO. 313-1992 RESOLUTION NO. 314-1992 RESOLUTION NO. 315-1992 See Res. Book No. 109 which is incorporated herein by reference. Board approved and authorized execution of Interlocal Agreement with the School Board of Monroe County concerning use of Harris School as a temporary library facility. Board approved and authorized execution of Development Project Grant Agreement (Contract No. C7735) with State of Florida Department of Natural Resources, Boating Improvement Program, for emergency repair of Channel Marker #12 in Tavernier Creek. Board adopted the following Resolution authorizing the filing of a Grant Application with the Florida Department of Natural Resources Boating Improvement Fund and directing execution of same for the replacement of destroyed Channel Marker #2 in Duck Key. RESOLUTION NO. 316-1992 See Res. Book No. 109 which is incorporated herein by reference. Board awarded bid to, and approved and authorized execution of Agreement with, Frank Keevan & Son, Inc. for the YY "14 8 emergency repair of Channel Marker #2 in Duck Key in the amount of $2,347.00. Board approved Subgrant Agreement and Grant Application with The National Council on the Aging, Inc./SCSEP for the period 7/1/92 to 6/30/93 concerning the Senior Community Service Employment Program. Board approved a Vegetation Management Plan for Key West International Airport. Board approved and authorized execution of Community Care for Disable Adults Continuation Funding Application and CCDA Contract with State of Florida Department of Health and Rehabilitation Services. Board accepted Staff recommendation to award surplus pro- perty to the following high bidders: 0978-6 1981 Ford Pickup Edward Hoffman $ 376 0940-147 F-600 Stake Body Harry Ludwig $1,252 4102-183 1974 Oil Distributor Jerome Baker $1,226 0903-511 1984 Diplomat Cherie Croteau $ 50 0940-51 1981 Ford F-600 Dump Truck Jerome Baker $1,256 0920-399 1983 Dodge Crew Cab Eugene Collins $ 377. Board accepted Staff recommendation to reject bids for following surplus property and readvertise with upcoming surplus: 4102-115 1972 Galion Roller Board approved Staff recommendation to accept late bid for surplus property as follows: 0903-628 1979 E1 Camino William Duran $ 30 Board granted approval to advertise for bids for janitorial service at the J. Lancelot Lester Justice Building. Board granted approval to advertise for bids for Lower Matecumbe Bike Path and to fund project using Impact Fees and Constitutional Gas Tax Revenues. Board granted approval to advertise for Public Hearing a proposed Ordinance creating a Municipal Service Street Taxing District for Tropical Key Colony Subdivision, Big Pine Key. Board granted approval to advertise a Request For Proposals for hazardous waste collection and disposal services. Board approved removal of the following surplus property from Social Services/In-Home Services Inventory and adver- tisement for sale thereof: 1815-7 1980 Dodge Van Board approved and authorized execution of Preliminary/ Letter Contract with South Florida Employment and Training Consortium, Contract 2-PY'92-47-00, Title IIA Intake/ Assessment Program. Board adopted the following Resolutions concerning the receipt of unanticipated funds. YY 149 RESOLUTION NO. 317-1992 RESOLUTION NO. 318-1992 RESOLUTION NO. 319-1992 RESOLUTION NO. 320-1992 RESOLUTION NO. 321-1992 RESOLUTION NO. 322-1992 RESOLUTION NO. 323-1992 r-- RESOLUTION NO. 324-1992 See Res. Book No. 109 which is incorporated herein by reference. Board adopted the following Resolutions concerning the transfer of funds. RESOLUTION NO. 325-1992 RESOLUTION NO. 326-1992 See Res. Book No. 109 which is incorporated herein by reference. Board granted approval to advertise for bids concerning the Marathon Airport Terminal Complex. Board approved and authorized execution of Interlocal Agreement with the School District of Monroe County for the Summer Recreation Program in the amount of $97,750.00. Board adopted the following Resolution amending Resolution No. 300-1992 concerning the receipt of unanticipated funds. RESOLUTION NO. 327-1992 See Res. Book No. 109 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 283-1992 concerning the transfer of funds. RESOLUTION NO. 328-1992 See Res. Book No. 109 which is incorporated herein by reference. Board adopted the following Resolution rescinding Resolution No. 281-1992 concerning the receipt of unanticipated funds. RESOLUTION NO. 329-1992 See Res. Book No. 109 which is incorporated herein by reference. Board adopted the following Resolution concerning the transfer of funds. RESOLUTION NO. 330-1992 See Res. Book No. 109 which is incorporated herein by reference.. Board adopted the following Resolution amending Resolution No. 044-1992 concerning the receipt of unanticipated funds. RESOLUTION NO. 331-1992 See Res. Book No. 109 which is incorporated herein by reference. Board adopted the following Resolution concerning the receipt of unanticipated funds. RESOLUTION NO. 332-1992 See Res. Book No. 109 which is incorporated herein by reference. YY 150 Board approved and authorized execution of permits w/FDOT, etc. for Tavernier 4th of July Parade. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Board approved and authorized execution of Contract with Petsche & Associates for Professional Land Surveying and Geotechnical Investigative Services. Board accepted Staff recommendation to award bid (Bid Package No. 34) and authorize execution of Contract KJ-021, Gypsum Board, Lath & Plaster, for the New Detention Facility with Wentworth Plastering Company of Boca Raton, Inc. in the amount of $681,000.00, pending receipt from contractor of executed contract, bond and insurance. Board accepted Staff recommendation to approve and authorize execution of Deductive Change Order No. 01-008-002 to contract with J. F. Hoff Electric Co. for the New Detention Facility in the deductive amount of $12,714.45 and authorize issuance of County Purchase Orders to Hughes Supply, Inc. Board accepted Staff recommendation to approve and authorize execution of Change Order No. KJ-005-004 to contract with Pomco Associates, Inc. for the New Detention Facility in the increased amount of $15,978.00. Board accepted Staff recommendation to approve Modification #9 to Hansen -Lind -Meyer Contract and to approve and authorize execution of Change Order No. 01-005-005 for costs associated with the structural review required as a result of the crane accident at the New Detention Facility. DIVISION OF PUBLIC WORKS Board accepted Staff recommendation to grant the request from Save -A -Turtle Organization to use Sombrero Beach on September 12, 1992 from 2:00 p.m. till dusk and to sell tickets for dinner and for raffles contingent upon the following conditions being met: 1. Hold Harmless Agreement being furnished to Public Works Department prior to event. 2. No clean-up fee waiver; $100.00 to be paid to Public Works Department prior to event. Board approved closing of Pigeon Key, effective 9/30/92. DIVISION OF GROWTH MANAGEMENT Board approved Supplemental Joint Participation Agreement with Florida Department of Transportation regarding comple- tion of the Long Range Transportation Plan. Board approved and authorized execution of First Amendment To Agreement For Consulting Services and Phase 2 ($30,000.00) with Barton-Aschman Associates, Inc. regarding completion of a Long Range Transportaton Plan. Board accepted Staff recommendation to grant request by Alan Miller and Hohokus Group, Inc. to extend the limitation on yy 151 approval of a preliminary plat on part of Government Lot 2, Section 29, Township 665, Range 28E, Cudjoe Key. Board adopted the following Resolution affirming Planning Commission Resolution No. 14-92 granting a Development Order for the request filed by Monroe County for approval of a Major Conditional Use allowing expansion of the Marathon Airport, which will include a new terminal complex, and aircraft apron and parking area expansion; the property is located at 9000 Overseas Highway, and is described as being situated in Section 2, Township 66 South, Range 32 East, Tallahassee Meridian, Key Vaca, Monroe County. RESOLUTION NO. 333-1992 See Res. Book No. 109 which is incorporated herein by reference. Board adopted the following Resolution rescinding Resolution No. 196-1992 which authorized the Mayor to execute, on behalf of Monroe County, an Agreement between the Florida Department of Community Affairs, Monroe County, Homes Amera Corporation and Sweetwater Homes, Inc., and directing the Building Official to amend Permit No. 9110002747 and to rescind Permit Nos. 9110002745, 9110002746, 9110002744 and 9110002743 concerning Lots 24, 25, 26, 27 and 28, Block 5, Pine Key Yacht Club Subdivision, Big Pine Key, Monroe County, Florida, approximately Mile Marker 30. RESOLUTION NO. 334-1992 See Res. Book No. 109 which is incorporated herein by reference. r- Board adopted the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, an Addendum to an Agreement between the Florida Department of Community Affairs, Homes Amera Corporation and Sweetwater Homes, Inc., which Addendum makes Monroe County a party to the Agreement, which Agreement directs the Building Official to amend Permit No. 9110002747 and to rescind Permit Nos. 9110002745, 9110002746, 9110002744 and 9110002743 concerning Lots 24, 25, 26, 27 and 28, Block 5, Pine Key Yacht Club Subdivision, Big Pine Key, Monroe County, Florida, approximately Mile Marker 30. RESOLUTION NO. 335-1992 See Res. Book No. 109 which is incorporated herein by reference. COUNTY ADMINISTRATOR Board approved payment of the following invoices: 1. R. K. Exteriors & Aluminum Products, in the amount of $39,315.80 (Final Payment), for installation of hurricane shutters at Glynn Archer, Sugarloaf and Stanley Switlik Schools. 2. Emcee Broadcast Products, in the amount of $39,315.80 (Final Payment), for Grassy Key Translator Site Upgrade. 3. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, in the amount of $1,993.24, for professional services through May 31, 1992. YY 152 Board approved and authorized execution of Agreement between Metropolitan Dade County, the Cities of Miami, Hialeah and Miami Beach, and Monroe County concerning the South Florida Employment and Training Consortium. COUNTY CLERK Board approved the following Warrants: WORKERS COMPENSATION FUND (501), #3854-#3862, in the amount of $31,863.18. UPPER KEYS TRAUMA DISTRICT (722), #125-#126, in the amount of $2,239.75. TRANSLATOR FUND (712), #359-#360, in the amount of $11,869.36. TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), #768-#769, in the amount of $90,088.67. SUPPLEMENT TO GENERAL REVENUE FUND (002), #423-#424, in the amount of $25,103.19. FL TRUST FUND (600, 601), #1021, in the amount of $379.64. SALES TAX BOND ANTICIPATION NOTE (305), #68-#69, in the amount of $1,868.37. ROAD AND BRIDGE OPERATING (102), #709-#710, in the amount of $263,347.39. ROAD AND BRIDGE SPECIAL PROJECTS (102), #07, in the amount of $1,615.00. RISK MANAGEMENT FUND (503), #180-#181, in the amount of $4,674.96. PLANNING, BUILDING, & CODE ENFORCEMENT/PARKS & BEACHES UNINCORPORATED (716, 717), #371-#375, in the amount of $191,399.53. MSD TAXING DISTRICTS (705, 706, 719), #660-#664, in the amount of $63,933.56. MSD TAX DISTRICT (104), #1644-#1645, in the amount of $45,505.57. MSD PLEDGED FUNDS (104), #271, in the amount of $300,000.00. LAW LIBRARY FUND (103), #364-#365, in the amount of $1,016.21. GROUP INSURANCE FUND (502), #514-#517, in the amount of $402,060.95. GENERAL REVENUE FUND (001), #171342-#172214, in the amount of $4,187,380.62. FINE & FOREFEITURE FUND (101), #1264-#1266, in the amount of $1,715,028.02. FAIR SHARE IMPROVEMENT TRUST FUND (310, 314) #90-#91, in the amount of $16,349.43. yy 153 CARD SOUND BRIDGE FUND (401), #421-#422, in the amount of $6,970.02. CAPITAL PROJECTS FUND (301), #548-#551, in the amount of $466,651.10. AIRPORT OPERATION & MAINTENANCE FUND (004), #711- #713, in the amount of $500,544.22. ROAD & BRIDGE (102), #07, in the amount of $1,770.00. Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Care Center for Mental Health, in the amount of $1,000.00. COURT -APPOINTED ATTORNEYS, Maria Betancourt, in the amount of $1,527.20; Leonard Mikul, in the amount of $3,885.86; Joseph Wolkowsky, in the amount of $245.00; Charles Everett, in the amount of $560.00; Kathryn Yates, in the amount of $926.00; Stephen S. Isherwood, in the amount of $350.00; Timothy Nicholas Thomes, in the amount of $350.00; William Kuypers, in the amount of $5,276.00; Merrell F. Sands, in the amount of $1,253.75; Candida Cobb, in the amount of $1,697.50; David Manz, in the amount of $454.50. OTHER EXPENSES, State of Florida, in the amount of $302.50; David Burns Investigations, in the amount of $850.00; Key West Instant Images, in the amount of $49.01. EXTRADITION, Richard Roth, in the amount of $5,197.50. COURT REPORTER SERVICES, Associated Court Reporters of Monroe County, in the amount of $768.50; Florida Keys Reporting, in the amount of $1,003.00; Kathleen Fegers, in the amount of $30.00; Lisa Roeser, in the amount of $170.50; Nancy J. Maleske, in the amount of $3,503.25; Amy Landry, in the amount of $30.00; Broward Reporting Service, in the amount of $30.00; NRUP, Vouvakis & Associates, in the amount of $20.00; Tara Martin, in the amount of $157.70; Nancy Stover-Metzke, in the amount of $149.50; Cathy H. Webster, in the amount of $317.00. COURT INTERPRETER SERVICES, Mayda Maloney, in the amount of $50.00; Jose Menendez, in the amount of $395.00; Juan Borges, in the amount of $230.00; Luis Sanchez, in the amount of $130.00; Margarita Oppermann, in the amount of $380.00; Fermin Pastrana, in the amount of $45.00; Ute Rohe, in the amount of $25.00; Eva Bartczak, in the amount of $35.00; Susan Tellez, in the amount of $140.00; Tomasz Gadomski, in the amount of $30.00; Malforgata Borkowska, in the amount of $50.00; William Waddell, in the amount of $165.00. EXPERT WITNESS, Guillermo D. Marcovici, in the amount of $400.00; Richard Hellmann, in the amount of $1,000.00. WITNESS TRAVEL, in the amount of $61.67. Board officially approved the Minutes of the following YY 154 meetings of the Board of County Commissioners: 5/15/92, 5/18/92, 5/19/92, 5/21/92, 5/28/92 Motion carried unanimously. MISCELLANEOUS Bonnie Tynes, President of Justice in Taxation, Inc., addressed the Board. After lengthy discussion, motion was made by Commissioner Stormont and seconded by Commissioner Cheal to prepare and bring back to the Board for adoption a Resolution indicating that the Board of County Commissioners supports any and all efforts in attempting to resolve the School Funding Formula inequities, whether they be by State or Federal means, and urging the School Board and other municipalities of Monroe County to identically support such action. Roll call vote was unani- mous. Motion was then made by Commissioner Cheal and seconded by Commissioner Jones to allow Commissioner Jones to participate as the County's observer, but not as a voting member of any aspect of the committee, and to direct that Commissioner Jones be authorized to express the County's sentiments. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Mayor Harvey and seconded by Commissioner Cheal to approve the purchase in the amount of $79,848.00 of one truck with roll -off hoist from Mack Sales of Florida (only bidder meeting specifications) to transport existing roll -off recycling containers. 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 Cheal and seconded by Commissioner Stormont to approve the purchase in the amount of $27,467.52 of one aluminum/steel can densifier/ baler from CP Manufacturing, Inc. (the lowest bidder) to handle the cans for recycling. 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 Cheal and seconded by Commissioner Stormont to waive purchasing policies and procedures and approve the lease/purchase in the amount of $23,124.00/year for five years of one horizontal baler with conveyer from International Baler Corporation (the low bid- der) which will provide flexibility for possible changes in the recycling system. Roll call vote was taken with the yy 15 5 following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. . County Administrator Tom Brown, Community Services Division Director Peter Horton, and Melonie Bryan from OMB addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to grant approval to advertise for a Public Hearing at 5:05 p.m. on July 16, 1992 at the Chapel on Stock Island regarding the implementation of a Passenger Facility Program at the Key West International Airport. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to grant approval to advertise for a Public Hearing at 5:05 p.m. on July 20, 1992 at the City Hall in Key Colony Beach regarding the implementation of a Passenger Facility Program at the Marathon Airport. Motion carried unanimously. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to authorize expenditures for user requested changes to the construction for the Jail as set out on the "Additional Information" sheet attached hereto and made a part hereof (Exhibit A) and granted authorization to proceed with the work for the Not To Exceed values shown, with documentation to follow at the next Board meeting. 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 Cheal and seconded by Mayor Harvey to accept Staff recommendation to approve and authorize execution of Change Order No. 01-001-009 to Contract No. KJ-001, Site Grading and Caissons, with Toppino's Inc. for the New Detention Facility, in the decreased amount of $6,630.00 for deleting the silt fence from the Scope of Work. 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 Cheal and seconded by Mayor Harvey to accept Staff recommendation to approve and authorize execution of Change Order No. 01-001-010 to YY 156 Contract KJ-001, Site Grading and Caissons, with Toppino's Inc. for the New Detention Facility, in the increased amount of $2,456.70 regarding entrance road revisions. 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. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to accept Staff recommendation to approve and authorize execution of Change Order No. 01-001-011 to Contract KJ-001, Site Grading and Caissons, with Toppino's Inc. for the New Detention facility, in the increased amount of $12,520.70 regarding unsuitable material excavation/ disposal. 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 Cheal and seconded by Commissioner Stormont to accept Staff recommendation to award bid (Bid Package No. 42) and authorize execution of Contract KJ-020, Asphaltic Concrete Paving, for the New Detention Facility with The Brewer Company of Florida, Inc. in the amount of $71,312.71. 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 County Attorney Randy Ludacer addressed the Board regarding the request for approval to reduce contract retainage amount to 5% for Benson Electric Contract No. KJ-002, Site Electrical, for the New Detention Facility. Mr. Ludacer recommended disapproval. Doug Fuller addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to postpone. During discussion, the motion was withdrawn. After further discussion, motion was made by Commissioner Cheal and seconded by Commissioner Stormont to disapprove the request and to indicate that it is the policy of the Board to retain 10% until completion of contracts. Roll call vote was una- nimous. DIVISION OF PUBLIC WORKS The Board discussed the request from the Upper Keys Jaycees for a fee waiver to use Harry Harris Park's softball fields on July 12, 1992 from 11:00 a.m. till 7:00 p.m. for a softball tournament and to sell raffle tickets. Motion was yy 157 made by Commissioner Cheal and seconded by Commissioner Jones to accept Staff's recommendation for denial of clean- up fee waiver and for the $100.00 fee to be provided to the Public Works Division prior to the event. Roll call vote was unanimous. Engineering Director David Koppel addressed the Board. The Board entered into a discussion regarding alter- natives for sewage treatment at Harry Harris Park. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve Staff's recommendation for basic legal requirements of law for a septic system. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to amend to include a mound system for the drainfield and that the standards be better than the State -required standards. The amendment was accepted by the maker of the original motion and made a part thereof. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London No Commissioner Stormont Yes Mayor harvey Yes Motion carried. Staff was directed to bring back for recom- mended funding. Engineering Director David Koppel, Community Services Division Director Peter Horton, and Planning Director Lorenzo Aghemo addressed the Board regarding the renovation work at the Key West Airport's Customs Facility. ,._. After extended discussion, motion was made by Commissioner Cheal and seconded by Commissioner London to accept Staff's recommendation to reject the bids received for the air- conditioning work, to approve waiving all bonding require- ments, and to grant permission to seek new proposals for the air-conditioning work. Roll call vote was unanimous. COMMISSIONERS' ITEMS Bill Irby, President of Life Center Foundation, Inc., addressed the Board regarding funding. Carl Koch, Michael Burns and Louis LaTorre also addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to continue until the budget hearings. During discussion, motion was withdrawn. No further action was taken. DIVISION OF GROWTH MANAGEMENT Planning Director Lorenzo Aghemo addressed the Board. He discussed the status of the Shark Key Development case and advised that Attorney Michael Halpern had withdrawn from the settlement. Mr. Aghemo discussed the proposed rule by DCA con- cerning commercial fishing districts and advised that DCA had been informed that the County was supporting such rule only for CFD 5. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal that a member of Staff attend the upcoming meeting and be directed to indicate the County's position of not desiring substantive regulatory changes in that new regulations are soon to be adopted. Roll call vote was unanimous. YY 15 8 MISCELLANEOUS Social Services Director Louis LaTorre discussed the State Budget and extensions of grant programs. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve and authorize execution of the Renewal of Contract #324240 and Addenda thereto with Modulaire/WMI Service of South Florida for the lease of a mobile office for twelve months at $263.44 per month plus a pick-up charge of $485.00 upon termination of lease. Motion carried unanimously. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner London to accept Staff recommendation to deny the request by Island Christian Church and School to waive impact fees in the amount of $2,095.82. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. sent. Cheal Yes Jones No London Yes Stormont Yes No The Board recessed for lunch. The Board reconvened with all Commissioners pre - CONSTRUCTION PROGRAM MANAGEMENT - MK/G Currie Schneider Associates made a presentation of the Facility Report on Existing Fire Stations and proposed Prototype Schematic for New Facility Construction. Doug Fuller, Joe London and Jack Watson also addressed the Board. Motion was made by Mayor Harvey and seconded by Commissioner Jones to approve Currie Schneider's A and E team to bring back a contract for design for the Big Coppitt Key Fire Station. Roll call vote was unanimous. COUNTY ADMINISTRATOR County Administrator Tom Brown addressed the Board. Roger Bernstein also addressed the Board. After discussion, motion was made by Mayor Harvey and seconded by Commissioner London to accept Staff recommendation to grant approval to negotiate a contract with Riviera Enterprises, Inc. for the purchase of 11.53 acres of property in Block 57, Stock Island in the amount of $900,000.00 for use as a park. Roll call vote was unanimous. Mr. Brown discussed an area on Little Torch Key that is being investigated for possible use as recreational facilities. yy 15 9 DIVISION OF GROWTH MANAGEMENT Planning Director Lorenzo Aghemo and Marty Leitner of Freilich, Leitner, Carlisle & Shortlidge addressed the Board concerning Mr. Leitner's memorandum dated June 23, 1991 regarding Land Development Regulation Revisions, Concurrency and Impact Fees. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve Attachment 1 to the subject memorandum setting out "Time Schedule for LDR Revisions, including Concurrency and Impact Fees". Roll call vote was unanimous with Commissioner London not present. The Board discussed Attachment 2 - "Land Development Regulations: Proposed Reorganization and Outline". Motion was made by Commissioner Stormont and seconded by Mayor Harvey that the Board will give direction according to recommendations before them. Roll call vote was unanimous. The Board then discussed Attachment 3 - "Concurrency Management 'Decision Points' Issues and Alternatives": Item 19: Should developers be permitted to transfer certificates of concurrency to other developers? Motion was made by Commissioner Cheal and seconded by Commissioner Stormont that certification may be transferred to successors in interest of same property and development. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to discourage "phasing" as much as possible. Roll call vote was unanimous. Item 14: How can available facility capacity be allocated? Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve first -come, first -served. Roll call vote was unanimous. Item 15: When a concurrency determination is made, will the facility capacity needed by that proposed development be "debited" or "charged" against available public facility capacity? AND Item 16: If so, how long may capacity be reserved? Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to track permit to determine validity, linked to deadline for applying for the next permit in approval process and period of time within which a building permit will lapse. Roll call vote was unanimous. Item 20: May a developer "advance" or pay for the construction of a public facility in order to meet the applicable LOS standard? Motion was made by Commissioner Jones and seconded by Commissioner Cheal to allow advancement by construction only. Roll call vote was unanimous. YY 160 Item 21: If public facilities are advanced, what can be done with any resulting excess facility capacity? Motion was made by Commissioner Cheal that excess capacity will be reserved for the advancing developer's use only. During discussion, motion was withdrawn. The Board discussed Attachment 4 - "Impact Fees 'Decision Points' Issues and Alternatives". Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept recommended approach in the development of the impact fees. Motion carried unanimously. COUNTY ADMINISTRATOR Motion was made by Commissioner Jones and seconded by Commissioner Cheal to confirm the County Administrator's selection of Melonie Tyson Bryan as Department Director, Monroe County Office of Management and Budget, at a starting salary of $36,500.00. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held on the proposed abandon- ment of a portion of Tern Lane, Boca Chica Ocean Shores, Monroe County. Proof of publication was noted for the record. Dr. Kelsey addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to adopt the following Resolution renouncing and disclaiming any right of the County and the public in and to Tern Lane, Boca Chica Ocean Shores, Big Coppitt Key, Monroe County, Florida. Roll call vote was unanimous. RESOLUTION NO. 336-1992 See Res. Book No. 109 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Monroe County Code Sec. 6-59(II) to include in non - testing specialty trade categories the categories of garage door opener/installation and waterproofing and roof painting; to revise designation of satellite, TV antenna, telephone and other communications equipment installation; to transfer to testing categories glazing and gunite and sandblasting; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was noted for the record. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to read by title only. Motion carried una- nimously. The County Attorney read by title only. Bill Smith of the Florida Keys Contractors Association addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Jones to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 017-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance providing that the Board of County Commissioners may, by yy 161 Resolution, approve additional compensation to the newly - employed Grants Procurement Specialist, Mary S. Broske, in an amount not to exceed $3,500.00; providing for certain restrictions on such compensation; providing for severabili- ty; providing for repeal of all Ordinances inconsistent herewith; and providing an effective date. Proof of publi- cation was noted for the record. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to read by title only. Motion carried unanimously. The County Attorney read by title only. There was no public input. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 018-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance repealing Ordinance No. 011-1992 that created Sec. 9.5-115.1, Monroe County Code, and which provided for: new application fees for expired building permits, a procedure for when a building permit is ready but not paid for and not picked up, a procedure for when a building permit is paid for and picked up but the work is not started, a procedure for when the permit is picked up, paid for but not timely progressed by allowing up to two 60-day extensions if applied for within 120 days of the commencement of work or the last required inspection whichever is later, and pro- vided that the provisions of the Ordinance shall control over any inconsistent provisions of Sec. 9.5-115, Monroe County Code; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was noted for the record. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. Bill Smith of the Florida Keys Contractors Association addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt as amended, which repeals only the section beginning with "EXCEPTION" and going to the beginning of Section 2 of Ordinance No. 011-1992. Roll call vote was unanimous. ORDINANCE NO. 019-1992 See Ord. Book No. 27 which is incorporated herein by reference. Motion was then made by Commissioner Stormont and seconded by Commissioner Cheal directing the Planning Department, if necessary, to follow the text amendment process for Ordinance No. 011-1992 as modified by the Board. Roll call vote was unanimous. BOARD OF APPEALS The Board considered the Administrative Appeal filed by Hedy Ann Danz of the decision by the Planning Commission denying a dimensional variance which would allow a covered carport to encroach into the front yard setback to the front property line, located at 19 Bouganvillea Avenue, Lot 10, Block 3, Key Haven 5th Addition, Section 26, Township 67S, Range 25E, Tallahassee Meridian, Raccoon Key. Planning Director Lorenzo Aghemo addressed the Board. Hedy Ann Danz and Jose Roque addressed the Board. Mr. Aghemo YY 162 rebutted. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to deny the appeal and uphold the Planning Commission's decision based upon the applicant's failure to show an error on the part of the Planning Commission. 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. Mr. Aghemo advised the Board that under the circumstances, he would meet with Code Enforcement to discuss the possibi- lity of holding this case in abeyance until the new Land Development Regulations are adopted. Grace Mannillo of the Planning Commission addressed the Board. PUBLIC HEARINGS A Public Hearing was held to consider a Budget Amendment to the Tourist Development Funds 107-111 and 116-121 for Fiscal Year 1992. Proof of publication was noted for the record. Lori Morgan of the Tourist Development Council Administrative Office addressed the Board. There was no public input. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the following Resolution concerning the amended budget. Roll call vote was unanimous. RESOLUTION NO. 337-1992 See Res. Book No. 109 which is incorporated herein by reference. COUNTY ATTORNEY County Attorney Randy Ludacer provided copies to the Commission of a letter written to The Miami Herald by Attorney Jim Mattson concerning the Rate Of Growth Ordinance. Mr. Ludacer advised the Commission that he was in possession of a bill for attorney's fees in the case con- cerning the Jail in the amount of $138,000.00 and that he questioned the reasonableness of many of the expenses. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to authorize the County Attorney to con- test and question the expenses presented in the quest for attorney's fees in the amount of $138,000.00 and to pursue a reduction in those fees. Motion carried unanimousy. The County Attorney advised that he had been notified by Mr. Apgar that he had left the firm of Haben, et al. Motion was made by Commissioner Cheal and seconded by Commissioner Jones authorizing the County Attorney to nego- tiate with Mr. Apgar to continue representation of the County in the Shark Key/Schmitt appeal on the same basic terms of the agreement with the firm of Haben, et al. Roll call vote was unanimous. Mr. Ludacer advised that the new owner of Boot Key had refused to accept the County's offer of an exchange of I YY 163 property on Boot Key that included certain language relative to the Boot Key Bridge. The County Attorney was directed to continue negotiations with the owner. The County Attorney discussed the recent Supreme Court decision concerning the Lucas case. This matter was referred to the County Attorney, Jim Hendrick and Marty Leitner to analyze the decision and make a report back to the Commission. COMMISSIONERS' ITEMS The Board entered into a discussion concerning the County's Sign Ordinance Review Committee. Motion was made by Commissioner Jones and seconded by Mayor Harvey to pro- vide that each Commissioner will appoint one member to the Sign Ordinance Review Committee. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to postpone until after consideration of the abolishment of the current committee has been resolved. 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. Motion was made by Commissioner London and seconded by Commissioner Jones to retain the existing mem- bers of the committee and to receive appointments from Commissioners London and Jones and Mayor Harvey at the next meeting, for a total of seven members. Motion carried una- nimously. A request from the Historic Florida Keys Preservation Board for additional funds was referred to the County Administrator. Mayor Harvey read a letter from the Key West Garden Club and presented a check in the amount of $200.00 as a donation for planting in the Higgs Beach area. Motion was made by Mayor Harvey and seconded by Commissioner Jones to send a letter of thanks to the Key West Garden Club. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Jones to add Agenda Item 0-6 regarding the State Attorney. Motion carried unanimously. Mayor Harvey read a letter from State Attorney Kirk Zuelch indicating his appreciation for the renovation work at the Plantation Key Government Center. COUNTY ADMINISTRATOR Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve and authorize execution of renewal agreement with Robert J. Nelms, Jr., Medical Examiner - District Sixteen. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve and authorize execution of lease agreement with Pinewood Memorial Cemetery for office/morgue facilities for the District Sixteen Medical Examiner in the amount of $22,800.00 per year. Roll call vote was taken YY 164 with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. The County Administrator discussed the City of Key West's request for the Board to assist them in providing for an extension of sewer and wastewater lines to Stock Island. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont directing the County Administrator to write a letter to the City of Key West indicating that the Board feels that it is not in the best interest of the County taxpayers to comply with their request and that the City's system does not provide nutrient stripping and that the County's planned wastewater treatment system will be more environmentally protective. 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 MISCELLANEOUS Social Services Director Louis LaTorre advised the Board of the pending problems in the State Legislature con- cerning the adoption of a budget to become effective July 1 and indicated that all State -funded programs would continue to be funded and authorized to July loth. There being no further business, the meeting was adjourned. Additional Information The following items have been requested by either the Sheriff's Department or Public Works. 1. Additional Conduits for County Owned Computer Equipment. Additional computer equipment locations were identified by the Sheriff's Department for computers to be supplied and installed by the Sheriff's Department computer personel following completion of the facility. The required conduit raceways were requested to be added to the scope of work of the security contractor. Not -to -Exceed cost $18,000. 2. Future Washer and Dryer. The laundry equipment contractor included in his price the purchase and installation of the washer and dryer identified as "future" requrement. If the County desires to procure and install this equipment at this time the contractor is offering a $2,239 deduct to his contract price. If the County does not desire to procure this equipment at this time, the contractor is offering a $24,624 deduct to his contract price. If the County does not elect to install this equipment at this time, there may be access problems in the future to install this in the completed facility. 3. Deletion of Floor Drains at the Mezzanine Level of the Housing units. Following discussions with the Public Works Department, the floor drains were found to be unnecessary as located and were recommended to be deleted. Total estimated cost of deletion - $4,364. 4. Addition of Clean -out to the Sanitary Lines at the Mezzanine Level of the Cell Chase. Following discusions with the Public Works Department, the maintenance personel requested the addition of sanitary line clean -outs at the mezzanine level of the utility chases in the housing units. Total estimated cost of the addition - $7,445. 5. Extension of Vent Line for Trash Room. The County supplied trash compactor requires one additional floor drain and venting of the floor drain through the building vent system. Total estimated cost - $4,000. 6. Meeting with Food Service Consultant. The Sheriff's Department has requested to meet with HLM's Food Service Constulant to discuss certain aspects of the design. HLM is requesting an Add -Service to cover the cost of the requested meeting. Total Cost - $2,612.3 ,!FxN.e..T A