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09/16/1992 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 92/295 Regular Meeting Board of County Commissioners Wednesday, September 16, 1992 Key Largo A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date in the County 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 Rosalie Connolly, Deputy Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Commissioner Cheal requested that the following items be considered together: 0-2 Mayor Harvey - Resolution making unfunded mandate legislation specifically applicable to State required growth management ordinances and 0-5 Commissioner Cheal - Alternative Resolution to the Resolution offered by Mayor Harvey originally scheduled for the 8/25/92 BOCC meeting It was requested that the following items be added to the Agenda: 92/296 Item C-40 Permission to advertise an Ordinance for the Contractors Examining Board Item P-8 Change in language for referendum question regarding construction of hurricane shelters The Clerk advised that the Agenda language of Item D-2 needed to be changed to read as follows: Item D-2 Acknowledge filing of Proof of Publication in re: transfer of unclaimed bond funds held by the Sheriff The Board was requested to continue the following Agenda items: Item C-3 Approval of revisions to the Monroe County Purchasing Policies effective October 1, 1992 Item C-15 Resolution authorizing a Joint Participation Agreement between Monroe County and FDOT to construct/expand a building for airport rescue fire fighting vehicles at Marathon Airport Item C-16 Resolution authorizing a Joint Participation Agreement between Monroe County and FDOT to construct a perimeter security fence at Marathon Airport Item C-20 Resolution authorizing a Joint Participation Agreement between Monroe County and FDOT to purchase airport rescue fire fighting vehicles at Marathon Airport The Board was advised of deletion of the following Agenda items: Item E-8 Approval of deductive Change Order No. 01-014-001 to Contract No. KJ-014 and approval of Add -Service (Modification #13) to HLM's contract for the New Detention Facility Item F-2 Approval of lease with Forestek, Inc. for warehouse property located at 92/297 Plantation Key and to authorize sole source selection of this warehouse and to waive competitive bids Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve the additions, corrections and deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Gary A. Strait, Maintenance Mechanic, Division of Public Works, was presented with the May Employee of the Month Award. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve the following items by unanimous consent: Board granted approval to renew Municipal Service District's general and public officials liability insurance with Florida Municipal Insurance Trust at an annual premium of $39,039. Board granted approval to renew agreement with the Florida Municipal Insurance Trust (FMIT) for excess liability and auto physical damage insurance at an annual premium of $136,621. Board adopted the following Resolution concerning the receipt of unanticipated funds. RESOLUTION NO. 427-1992 See Res. Book No. 110 which is incorporated herein by reference. Board granted approval of payment of invoice from The Key West Citizen (in the amount of $174.60) for publication of ad for unclaimed bond money from Sheriff Roth. Board adopted the following Resolution establishing policies and procedures which agencies and programs shall follow to apply for the Monroe County Clerk's Drug Abuse Trust Fund monies. RESOLUTION NO. 428-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution authorizing execution of an E.M.S. County Grant Application and related Request for Grant Distribution to the Department of Health and Rehabilitative Services of the State of Florida. 92/298 RESOLUTION NO. 429-1992 See Res. Book No. 110 which is incorporated herein by reference. Board approved and authorized execution of Agreement between the State of Florida Department of Community Affairs and the Board of County Commissioners concerning updating the Hazardous Materials Emergency Plan for Monroe County. Board awarded bid to, and approved and authorized execution of contract with, Atlantic Builders for roof repairs at Marathon Fire Station #2 in the amount of $21,700. Board approved renewal of contract with and authorized execution of Addendum to Agreement with Ace Building Maintenance for janitorial services at the Courthouse Annex in the amount of $24,600 per year. Board approved renewal of contract with and authorized execution of Addendum to Agreement with Ace Building Maintenance for janitorial services at the Monroe County Courthouse in the amount of $21,360 per year. Board authorized acceptance of Waste Tire Solid Waste Grant from the Florida Department of Environmental Regulation in the amount of $48,826 for the period October 1, 1992 - September 30, 1993. Board authorized acceptance of Solid Waste Recycling and Education Grant from the Florida Department of Environmental Regulation in the total amount of $151,176 for the period of October 1, 1992 - September 30, 1993. Board adopted the following Resolution authorizing the filing of a Florida Department of State, Division of Library and Information Services, State Aid To Libraries Grant Application - 1993 and directing execution of same by the proper County authorities. RESOLUTION NO. 430-1992 See Res. Book No. 110 which is incorporated herein by reference. Board approved Addendum to Task Order #4 of the Aviation Services Agreement with Dames & Moore concerning the Marathon Airport Terminal expansion in the amount of $5,612 because of advertising/public notice error by the Planning Department. Board awarded bid to, and approved and authorized execution of Agreement with, Spirit Marine Towing & Assistance for removal of selected Derelict Vessels, Phase IV, in the amount of $26,900. Board approved and authorized execution of State of Florida Department of Natural Resources, Florida Boating Improvement 92/299 Program, Development Project Grant Agreement (Contract No. C7830) for the emergency repair of Channel Marker #2 in Duck Key. Board approved and authorized execution of State of Florida Department of Natural Resources, Florida Boating Improvement Program, Retroactive Project Grant Agreement (Contract No. 7829) for the emergency removal of Derelict Vessel 091009. Board approved extension of ending date of EMS Matching Grant #M1168 (Communications Project) from September 30, 1992 to March 30, 1993. Board authorized payment of refund in the amount of $35.00 to Robert W. Nelson inasmuch as it has been determined that a land clearing permit could only be issued to remove exotics because there was no principal structure on property and applicant did not want to remove just exotics. Board authorized payment of refund in the amount of $750.00 to Howard Schoninger, Trustee, inasmuch as the map amendment application was halted by previous Board of County Commissioners' action. Board adopted the following Resolution transferring funds. RESOLUTION NO. 431-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution concerning the receipt of unanticipated funds. RESOLUTION NO. 432-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution concerning the receipt of unanticipated funds. RESOLUTION NO. 433-1992 See Res. Book No. 110 which is incorporated herein by reference. Board granted permission to advertise for Public Hearing a proposed Ordinance adopting the 1990 Edition of the Accessibility Requirements Manual/Handicap Code. Board granted permission to advertise for Public Hearing a proposed Ordinance adopting the 1990 Edition of the National Electric Code. Board granted permission to advertise for Public Hearing a proposed Ordinance adopting the 1989 Edition of the Monroe County Electric Code Supplement. 92/300 Board granted permission to advertise for Public Hearing a proposed Ordinance adopting the 1991 Edition of the Standard Gas Code. Board granted permission to advertise for Public Hearing a proposed Ordinance adopting the 1991 Edition of the Standard Mechanical Code. Board granted permission to advertise for Public Hearing a proposed Ordinance adopting the 1991 Edition of the Standard Plumbing Code. Board granted permission to advertise for Public Hearing a proposed Ordinance adopting the 1991 Edition of the Standard Swimming Pool Code. Board adopted the following Resolution amending Resolution No. 263-1992 which authorized a Referendum Election on October 6, 1992, concerning the creation of the Upper Keys Recreation District in order to amend the date of the Referendum Election therefor. RESOLUTION NO. 434-1992 See Res. Book No. 110 which is incorporated herein by reference. Board approved and authorized execution of Memorandum of Understanding between Collier County and Monroe County concerning use of an Advanced Life Support -permitted helicopter for emergency transportation of critically ill or injured victims. Board granted permission to advertise for Public Hearing a proposed Ordinance amending Section 6-55(7) of the Monroe County Code providing exceptions to the exemptions for owners of residential property altering or repairing or constructing their own homes; etc. SHERIFF'S DEPARTMENT Board approved request from Sheriff's Office for following expenditures from the Law Enforcement Trust Fund: $1,500 for purchase of 8 mm camcorder w/extended warranty, case, battery, filters, attachable light, tripod, and stock of videotapes which will be donated to State Attorney's Office for viewing DUI videotapes and for criminal investigations $1,500 for purchase of similar video equipment which will be donated to the Marathon Youth Club for educational purposes 92/301 Board acknowledged filing of proof of publication from The Key West Citizen in re transfer of unclaimed bond moneys to Fine and Forfeiture Fund. CONSTRUCTION PROGRAM MANAGEMENT - MR/G Board granted authorization to advertise for sealed bids for the design and construction of the County maintenance Garage at the Marathon Site. Board authorized Final Payment including release of all retention ($12,756) to Dynalectric Company for Contract PC-004 at the Plantation Key Atrium Enclosure Project. DIVISION OF PUBLIC WORKS Board granted approval to the Facilities Maintenance Director to send a certified letter terminating the contract with Air Conditioning Energy Service, Inc. COUNTY ADMINISTRATOR Board approved payment of the following invoices: 1. Rosenman & Colin, in the amount of $230, for legal services regarding the Monroe County Translator for the month of July 1992. 2. Spirit Marine Towing & Assistance, in the amount of $19,100 (Final Payment), in re Derelict Vessel Removal Phase III. 3. Public Financial Management, Inc., in the amount of $2,804, in payment of financial advisory services for the month of August. COUNTY CLERK Board approved the following Warrants: WORKERS COMPENSATION FUND (501), #3895-#3896, in the amount of $12,581.12. UPPER KEYS TRAUMA DISTRICT (722), #136-#137, in the amount of $1,456.94. TRANSLATOR FUND (712), #371-#372, in the amount of $5,027.58. 92/302 TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), 1780-#782, in the amount of $189,180.32. SUPPLEMENT TO GENERAL REVENUE FUND (002), #434-#435, in the amount of $22,765.61. FL TRUST FUND (600, 601), #1027, in the amount of $1,471.81. SALES TAX BOND ANTICIPATION NOTE (305), #86-#90, in the amount of $745,257.32. ROAD AND BRIDGE (102), #722-#723, in the amount of $51,636.29. RISK MANAGEMENT FUND (503), #193-#194, in the amount of $2,536.04. PLANNING, BUILDING, & CODE ENFORCEMENT/PARKS & BEACHES UNINCORPORATED (716, 717), #393-#396, in the amount of $148,688.24. MSD TAXING DISTRICTS (705, 706, 719), #683-#686, in the amount of $116,299.63. MSD TAX DISTRICT (104) #1655-#1656, in the amount of $852,766.48. MSD PLEDGED FUNDS (104), #281-#283, in the amount of $21,636.87. LAW LIBRARY FUND (103), #374, in the amount of $425.05. GROUP INSURANCE FUND (502), #528-#530, in the amount of $201,251.45. GENERAL REVENUE FUND (001), #175732-#176791, in the amount of $5,407,249.23. FINE & FORFEITURE FUND (101), #1280-#1283, in the amount of $1,756.00. FAIR SHARE IMPROVEMENT TRUST FUND (310-314), #102-#103, in the amount of $107,080.68. CARD SOUND BRIDGE FUND (401), #434-#435, in the amount of $7,932.41. CAPITAL PROJECTS FUND (301), #563-#569, in the amount of $774,304.20. AIRPORT OPERATION & MAINTENANCE FUND (004), #728-#732, in the amount of $81,636.82. 92/303 VENETIAN SHORES SPEC RD DIST (718), #016, in the amount of $21,565.50. Board approved the following Fine and Forfeiture Expenditures: COURT -APPOINTED ATTORNEYS, Leonard Mikul, in the amount of $765.00; Candida Cobb, in the amount of $1,2272.50; Charles Everett, in the amount of $750.00; David Manz, in the amount of $350.00; Leighton Morse, in the amount of $1,210.00; Timothy Thomes, in the amount of $784.31; William Kuypers, in the amount of $475.50; Maria Betancourt, in the amount of $3,055.00; Tegan Slatons, in the amount of $350.00; Jason Smith, in the amount of $2,495.00. OTHER EXPENSES, Witness Lodging, in the amount of $384.00; Associated Investigative Agency, in the amount of $3,100.00. COURT REPORTER SERVICES, Associated Court Reporters of Monroe County, in the amount of $1,621.75; Florida Keys Reporting, in the amount of $3,466.25; Kathleen Fegers, in the amount of $30.00; Lisa Roeser, in the amount of $795.25; Nancy J. Maleske, in the amount of $175.50; Amy Landry, in the amount of $654.75; Nichols & Hardy Court Reporting, in the amount of $60.00; J R Reporting Associates, Inc., in the amount of $100.55; Hatin Court Reporting, in the amount of $110.00; Tara Martin, in the amount of $78.39. COURT INTERPRETER SERVICES, Mayda Maloney, in the amount of $35.00; Jose Menendez, in the amount of $465.00; Juan Borges, in the amount of $30.00; Luis Sanchez, in the amount of $30.00; Margarita Oppermann, in the amount of $460.00; Eva Bartczak, in the amount of $165.00; William Waddell, in the amount of $175.00; Susan Tellez, in the amount of $25.00; Malgorzata Borkowsksa, in the amount of $50.00; Allen Graves, in the amount of $45.00; Daniel Jovannic, in the amount of $35.00; Dariusz Krogulski, in the amount of $25.00; Margarita Ogg, in the amount of $30.00. EXPERT WITNESS, Care Center of Mental Health, in the amount of $250.00; Christine Massie, D.O., in the amount of $300.00; Richard Hellmann, Ph.D., in the amount of $500.00; Guillermo Marcovici, M.D., in the amount of $700.00; Tanju Mishara, Ph.D., in the amount of $750.00. WITNESS PAYROLL, in the amount of $473.65. WITNESS TRAVEL, in the amount of $1,315.00. 92/304 Board officially approved Minutes of the following meetings of the Board of County Commissioners: 8/4/92, 8/5/92, 8/27/92 Board approved Revised Minutes (Policy 601.1.11 on Page YY 025 of Land Use Minutes dated May 18, 1992) so as to now read as follows: By October 16, 1992, Monroe County shall adopt Land Development Regulations which provide that twenty (20) percent of residential building permits will be initially reserved for single or multi- family affordable housing (See Future Land Use Policy). Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Community Services Division Director Peter Horton addressed the Board. After discussion, motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the following Resolution authorizing execution of a Joint Participation Agreement between the County and the Florida Department of Transportation regarding the Environmental Impact Statement for airside improvements at Key West International Airport. Motion carried unanimously. RESOLUTION NO. 435-1992 See Res. Book No. 110 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to adopt the following Resolution authorizing execution of a Joint Participation Agreement between the County and the Florida Department of Transportation regarding the construction of T-Hangars at Key West International Airport and/or Marathon Airports. Motion carried unanimously. RESOLUTION NO. 436-1992 See Res. Book No. 110 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to adopt the following Resolution authorizing execution of a Joint Participation Agreement between the County and the Florida Department of Transportation regarding the Terminal Renovation and Expansion at Key West International Airport. Motion carried unanimously. 92/305 RESOLUTION NO. 437-1992 See Res. Book No. 110 which is incorporated herein by reference. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the following Resolution requesting the legislative delegation to support the passage of the pending AIP legislation that has been in Congress and encourage the legislature to allow these funds to be utilized, and to also direct the County Attorney to draft a letter for the Mayor's signature to forward this Resolution to the proper officials. Motion carried unanimously. RESOLUTION NO. 438-1992 See Res. Book No. 110 which is incorporated herein by reference. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve the following items regarding the New Detention Facility: Schedule of Values for Davidson of Florida, Contract No. KJ-023 Schedule of Values for The Brewer Company of Florida, Inc., Contract No. KJ-020 Change Order No. 01-015-001 in the decreased amount of $4,739.00 to contract with Sandy Hark authorizing purchase of future laundry equipment and crediting savings to Contract No. KJ-015, Laundry Equipment Change Order No. 01-010-004 in the increased amount of $6,137.00 to contract with Lake Plumbing, Inc. adding clean -outs at the vertical cell chases to the Scope of Work in Contract KJ-010, Prime Plumbing Change Order No. 01-010-003 in the decreased amount of $4,364.00 to contract with Lake Plumbing, Inc. deleting floor drains at mezzanines from the Scope of Work in Contract No. KJ-010, Prime Plumbing Change Order No. 01-008-004 in the decreased amount of $107,000.00 to contract with J. F. Hoff Electric Co., Contract No. KJ-008, and authorization to have Monroe County direct purchase general electrical material 92/306 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 to disapprove Modification #12 in the amount of $2,612.00, Food Service Consultant Meeting, to HLM's contract for the New Detention Facility. During discussion, the motion was withdrawn. Motion was then made by Commissioner Cheal and seconded by Commissioner London to approve Modification #12 with the caveat of having a letter prepared for the Mayor's signature explaining the Board's concern about this type of matter and how important it is for the Board to be careful of these kinds of funds. 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 ADMINISTRATOR Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the following Resolution (I) authorizing the execution and delivery by Monroe County, Florida, of an Interlocal Agreement with Osceola County, Florida, the Osceola County Industrial Development Authority and certain other "Public Agencies," as defined in the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes, relating to the issuance by the Osceola County Industrial Development Authority of its Osceola County Industrial Development Authority Revenue Bonds (Community Provider Pooled Loan Program) (the "Bonds") in an aggregate principal amount not to exceed $50,000,000 and the loans of the proceeds thereof to various not -for -profit corporations; (II) providing that the Bonds shall not constitute debt, liability or obligation of Monroe County, Florida, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and that neither the faith and credit nor any taxing power of Monroe County, Florida, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, or interest on the 92/307 Bonds; and (III) providing for other related matters AMENDED TO INCLUDE THAT RECOMMENDATIONS OF BOND COUNSEL AND PUBLIC FINANCIAL MANAGEMENT BE INCORPORATED INTO THE RESOLUTION AND/OR INTERLOCAL AGREEMENT. Roll call vote was unanimous. RESOLUTION NO. 439-1992 See Res. Book No. 110 which is incorporated herein by reference. DIVISION OF ENVIRONMENTAL MANAGEMENT Division Director Barry Boldissar addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve payment of travel, one night's lodging and per diem expenses for two candidates to interview in Key West for the position of Solid Waste Operations Manager ($1,000 approximate total cost). 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. DIVISION OF PUBLIC WORKS Division Director Dent Pierce addressed the Board regarding the jobs performed by his employees during Hurricane Andrew and his pride in each and every one of his employees for their hard work, long hours and assistance during the disaster. John Connolly, Roads and Bridges Director, addressed the Board and reported on the work performed by his crews in Florida City, the appreciation expressed by Florida City officials, his personal pride in the performance of his people, and then conveyed his personal thanks and the thanks of his crews to the County Administrator and the Board for allowing them to give their assistance to Florida City during Hurricane Andrew. Commissioner Cheal paid particular recognition to all Emergency and Communications Staff for their hard work and long hours during the disaster. The County Administrator and the Board expressed their profound pride in each and every County employee for their unquestioned support and assistance during Hurricane Andrew. 92/308 Mr. Pierce discussed leasing the food concession located at Higgs Beach. After discussion, motion was made by Commissioner Jones and seconded by Commissioner London to have all of the following respondents make presentations at the next Key West meeting: Wade Grassedonio John Dedek Richard Rothenberger and William Bickford Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to request the County Attorney to formalize a debarment procedure and bring same back to the Board. Roll call vote was unanimous. COUNTY ATTORNEY County Attorney Randy Ludacer addressed the Board and discussed the Airport Suit and also the situation regarding unfunded mandates. Mr. Ludacer addressed the Board regarding establishment of policy for capital projects funded by tourist development revenues. After lengthy discussion, motion was made by Commissioner Stormont and seconded by Commissioner Cheal that the Board of County Commissioners policy be that bricks and mortar projects are handled on a case by case basis with real property security if necessary or if applicable and County administration of construction projects for bricks and mortar funding and the recommendation that no extensive policies be developed for utilization at this time by the Tourist Development Council but that the policies evolve per the case by case utilization. Roll call vote was unanimous. Mr. Ludacer reported that Assistant County Attorney Suzanne Hutton had called from the TDC Committee Meeting and advised that the telemarketing issue was being handled promptly. COUNTY ADMINISTRATOR County Administrator Tom Brown and Doug Fuller of Morrison-Knudsen/Gerrits addressed the Board concerning the roof at the New Detention Facility in view of the roofing problems incurred during Hurricane Andrew. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to authorize engineers to proceed with a roof improvement at the County Detention Facility which would make it more hurricane 92/309 resistant, at a not to exceed figure of $40,000. 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 Mr. Fuller reported on the Airport Parking Lot at Key West International Airport and advised that the contractor had started installation of an additional sidewalk without authorization. Motion was made by Commissioner London and seconded by Commissioner Jones to direct the contractor to complete the work but within the parameters of the price to be negotiated by the Construction Manager. Roll call vote was unanimous. Jerry Williams reported to the Board concerning the screening committee's analysis and recommendation regarding the RFP soliciting proposals from parties interested in leasing, restoring and utilizing the facilities at Pigeon key that would be in keeping with the best interest of Monroe County. After discussion, motion was made by Commissioner London and seconded by Commissioner Jones to have the top three respondents make presentations at the next Regular Commission Meeting at Key Colony Beach City Hall. Motion was made by Commissioner Stormont to amend to include all respondents. The amendment was accepted by the maker and seconder. Roll call vote was unanimous. Motion was then made by Commissioner Cheal and seconded by Commissioner Jones to allocate twenty minutes for each presentation and that the County Administrator be directed to provide each bidder with a copy of the proposal evaluation items which they should address at that meeting. Roll call vote was unanimous. David Makepeace and Coralee Burch also addressed the Board. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to reconsider the Board's previous motion. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London No Commissioner Stormont No Mayor Harvey Yes Motion failed. 92/310 COMMISSIONERS' ITEMS Commissioner Stormont presented a response from Sven Lindskold concerning his appointment to the Planning Commission. Motion was made by Commissioner Stormont and seconded by Commissioner London to adopt the following Resolution requesting that the Legislature of the State of Florida make the unfunded mandate legislation specifically applicable to expenditures incurred by Local Government which are attributable to State growth management mandates AMENDED TO INSERT THE FOLLOWING WORDS AFTER THE WORD "legislation" AT THE END OF THE FIRST WHEREAS CLAUSE: "and other State social, welfare, transporta- tion and regulatory actions" Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal No Jones Yes London Yes Stormont Yes Yes RESOLUTION NO. 440-1992 See Res. Book No. 110 which is incorporated herein by reference. Commissioner Cheal began a discussion concerning re- examination of building standards in view of damage done by Hurricane Andrew and development of a review structure for hurricane -related operations. The County Administrator advised that meetings had already begun with other governmental agencies and more meetings would take place also with staff and that once all information had been gathered and evaluated, the Commission would be advised and public input would also take place. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to refer to Staff for action a discussion of highway construction along the hurricane evacuation route. Roll call vote was unanimous. Commissioner Cheal discussed the need for an immediate update of the hurricane evacuation behavioral analysis and stressed the fact that the Board needs to know what Staff intends to do in the future. Commissioner Jones led the Board in extending congratulations to the County Administrator for his performance 92/311 and leadership efforts during Hurricane Andrew and its devastating aftermath. After discussion concerning recent amendments to Section 212.055 F.S. which enhance the revenue -generating authority of small counties, motion was made by Commissioner Cheal and seconded by Commissioner Jones to direct the County Administrator to request the legislative delegation to initiate legislation to amend Sections 212.055 and 336.025 F.S. so as to redefine small counties as those having populations of 100,000 or less. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to approve use of a County vehicle by the Emergency Management Director -Trauma and to also allow the County Administrator to place on the vehicle list anyone that he feels meets the criteria. Roll call vote was unanimous. The Board discussed a joint meeting with the Tourist Development Council. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner London to postpone until after reorganization of the Tourist Development Council. 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 The Board entered into a lengthy discussion regarding the language for the Hurricane Shelter Referendum. Motion was made by Commissioner Jones and seconded by Mayor Harvey to change the wording to read: "Should Monroe County construct hurricane shelters throughout the Keys for people who are unable to evacuate" During discussion, the motion was withdrawn. Motion was then made by Commissioner Stormont and seconded by Commissioner Cheal to add the following language to the existing Referendum question: to, for people who are unable to evacuate" 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 CLERK 92/312 The Board discussed the appointment of three Commissioners to the Value Adjustment Board. They advised that in accordance with the rotating policy adopted by the Board on December 11, 1991, the three Commissioners to serve on the Value Adjustment Board would be: Commissioner Jack London Commissioner John Stormont (or his successor) Commissioner Earl Cheal MISCELLANEOUS After discussion, motion was made by Commissioner Stormont and seconded by Commissioner London to accept the Tax Collector's recapitulation of the 1991 tax roll and list of errors and insolvencies when received from the Tax Collector. Motion carried unanimously. COUNTY ADMINISTRATOR Motion was made by Commissioner Cheal and seconded by Mayor Harvey to adopt the following Resolution setting out the language for the Hurricane Referendum to read as follows: "Should Monroe County levy a tax to construct hurricane shelters throughout the Keys for people who are unable to evacuate" Roll call vote was unanimous. RESOLUTION NO. 441-1992 See Res. Book No. 110 which is incorporated herein by reference. 92/313 There being no further business, the meeting was adjourned. J� PROOF OF PUBLICATION TH'_ FLORIDA KEYS KEYNOTEP Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared Edward J . L e D u c who on oath, says Ina[ helsbe is Publisher of The FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at Marathon, In Monroe County, Florida; Thal the attached copy of advertisemenl, being a ADOPTION OF COUNTY O R D I NA N C E IN THE MATTER OF Amending Section 6-55(7) newspaper in the issues of Nov 14 & 21 1 A 9 2 In the Court, was published In said Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at MARATHON, in said Mohroa County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twic: each week (on Wednesday and Saturday) and has been entered as second class mail matter at the post office In Marathon, in said Monroe County; no. 1574600 Florida, for a period of one year next preceding the first publication of the attached copy of advcrUsemenl; and allianl further says that TOOCONs DER ADOPTION OF COUNTY ORDINANCE P P helshe has neither paid nor promised any person, firm, or corporation any discount, rebate s on nd for the purpose of NOTICE HEREBY GIVEN TO WHOM ITT HEREBY CONCERN that on Tuesday, December 8. 1992. at 3:00 .m. at the Key Colony Colony securing It s advertisement for publication in the Beach City Hall, Key Beach, Monroe County. Florida, the Board of County Commis- sinners of Monroe County, Flori- do, intends to consider the adop- tUon of the following County ordi- nance: ORDINANCE NO. -1992 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORI- SECTION DA, AMENDING 6-55(7) OF THE MONROE COUNTY CODE, PROVIDING EX- CEPTIONS TO THE EXEMP- TIONS FOR OWNERS OF RESI- (SEAL) DENTIAL PROPERTY ALTERING OR REPAIRING OR CON- STRUCTING THEIR OWN SWORN TU SUBSCRIBED BEFO E ME THIS SEV- HOMES; PROVIDING FOR FORRE PROVIDING FO- PEAL OF ALL ORDINANCES INN - PE CONSISTENT HEREWITH; PRO - O INCORPORATION DAY A,D. �9 NDO THEING MON COUNTY rr!AS<Y LOU �;iJLLbtRGER ` Icy Comm Exp. 8/14/96 NOTARY' Pueuc o Bonded By Service Ins qrF OF F�°o- N0. CC?.19G43 pt! 10KlrY 1r�dYl1 I j fxlw � A. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter con- sidered at such hearing or meet-'�. ing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and - cleric. upon which the appeal is to be based. Copies of the above -referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 2nd day of November, 1992. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clark of the j Board of County Commissioners of Monroe County, Florida Publish: Nov. 14 & 21. 1992 Florida Keys Keynoter Tie Key, 11j'-e S"LL PFCORT Published Daily "92 DEG -4 !t9 .39 Florida-Eey�yesi., �rtp�'oe Co=t— 3�0'� 1-113NROE. GOU14 S 1 A1 {CSC: F L 02,11 rL,i A COL.1 l w OF 1 1CINSICi. r- EEfCra e uCde-i�^mod aL'`.hc^�'� CerSCnally1ai.Cearad Rand` Erickson, W on oc:h says li G.1:C is i,.�I ar lsi g l`/IG i�-ter vl `1,a K:I'Na-st Clllizen, a dGCIy ite v�IJUGr�r �.':Cl�si ia; ' ��t/11f+�+ ihnf •n ��''.w�•aiG::::�...==�•llCt�1�Qp�lcIU CGd�lavtll.:a:�C.:ill,t�.IGi.1J al it I ..1 in Nlc�,ro C�.un—Ij , v � / G icy?i (;:,lace < In tr`ie rn rCf a vim- in the c-L,r`, °Nos �l:Clisihed in sa dnevi-spaper in the 5sL'es C� /�!l ! t/ 13i c�0 I %n9 a A.fiar ^ t ftlr;:lerS"cyS tilattil2 SGit=T1e �ef{��eSt CltiZn l IS a ne'VSCaperpl:.liSiled a: Key West, in said titonroe County, Ficiiida, and that the said ne%vspaper has heretofore been continucus�j published in said %Icr. �e Ceurmj, Florida, each day (except Saturdays and specie. ad herdays) and has been entarad as second-class mail rnattar at the post office in Key West, in said Monroe Counhj, Florida, for a period of 1 year next preceding the first publication of the attached copy of ad�Iertisement; and affiant further says that he has neitherpaid norprornisad any person, firm orcorporation any discount, rebate, commission or refund for the purpose of sac-anng this advertisement for publication in the said newspaper. (Signature of Affiant) Swam to and subscribed before Me this day of � 1992. �Ilnatura of Notarl Public) 'L Betta J. Push (,Name of Notary Public) Expires: �rARY "JBM srA, o rt A MY Cop,, gsg oN E.ALIG�1� Personally Known or Produced Identification at �TMu CXNFJL"- Type of Identification Produced w -_-,cur nv i tN I ION TO CON- SIDER ADOPTIOI`` OF COUNTY ORDI- NANCE NOTICE IS HEREBY (;IVEN 10 WHOM IT MAY CONCERN that on Tuesday, December 8, 1992, at 3:00 p.m. at the Key Colony Beach City Hall, Key Colony Beach, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County or- dinances: ORDINANCE NO. -1992 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SETION 6-55 (7) OF THE MONROE COUNTY CODE; PROVIDING EXCEPTIONS TO THE EXEMPTIONS FOR OWNERS OF RESIDENTIAL PROPERTY ALTER- ING OR REPAIRING OR CON- STRUCTION THEIR OWN HOMES: PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR IN- CORPORATION INTO THE MON- ROE COUNTY CODE; AND PRO- VIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a person decided to appeal any deci- sion made by the Board with respect to any matter considered at such hearing or meeting, he will need a record of the proceedings, and that, for such purpose, he may need to en- sure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above -referenced ordi- nances are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 2nd day of November, 1992. DANNY L. KOLHAGE Clerk of the Circuit Court and ex off icio Clerk of the Board of County Commissioners of Monroe County, Florida November 1 a 9n 1 aaP 74;:z SERVING THE UPPER KEYS DAGNY WOLFF FOR OVER 20 YEARS Editor & Publisher BOX 1197 • TAV E R N I E R, F LA. 33070 (305) 852-3216 PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF , who on oath, says that she is_EDITOR & PUBLISHER of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a_Legal Notice IN THE MATTER OF Notice of Intention IN THE Court, was published in said newspaper in the issues of _11/12 and 11/19/92 Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. SE SWORN TO AND SUBS ZBEDEFORE ME THIS _19th_DAY OF_November_A.D., 1992 NOTARY PUBLIC MY COMMISSION F� TARY PU£Llca STATE OF F►ORIJA At LAA M DIT 993 RONDEO 1MRU AGENT'S NOTARY 6ROIC2RAGI NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, December 8, 1992, at 3:00 p.m, at the Key Colony Beach City Hall, Key Colony Beach, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to coi,sider the adoption of the following County ordinance: ORDINANCE NO. -1992 AN ORDINANCE OF THE BOARD OF -COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 6-55(7) OF THE MONROE COUNTY CODE; PROVIDING EXCEPTIONS TO THE EXEMPTIONS FOR OWNERS OF RESIDENTIAL PROPERTY ALTERING OR REPAIRING OR CONSTRUCTION THEIR OWN HOMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearing or meeting, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above -referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 2nd day of November 1992. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published: 11/12 and 11/19/92 The Reporter Tavernier. FL 33070