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03/23/1994 Regular j � 94/74 \ MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 23 , 1994 Marathon A Regular Meeting of the Monroe County Board of County Commissioners convened at 9: 00 A.M. , on the above date, at the Marathon Regional Service Center. Present and answering to roll call were Commissioners Earl Cheal, Wilhelmina Harvey, Shirley Freeman, Mary Kay Reich and Mayor London. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Randy Ludacer, County Attorney; James Roberts, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Harvey and seconded by Commissioner Cheal granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. VIDEO CONFERENCING A Video Conference was conducted with Information Systems Director Tim Miller. Mr. Miller discussed the video conferencing system and its benefits. CONSENT AGENDA Motion was made by Commissioner Harvey and seconded by Commissioner Freeman granting approval of the following items by unanimous consent: Board granted approval of four (4) Affordable Housing ( 1 Deed Restrictions, submitted by George MacLean, Pat Digeorgio, Joseph Nemec, and Sylvia Murphy; said Deed Restrictions for 94/75 Affordable Housing have been completed and filed by the applicant pursuant to the requirements of the Dwelling Unit Allocation Text Amendment (Ordinance No. 016-1992) , and the County's Land Development Regulations. Board granted approval of the Planning Commission's Recommendation regarding an excess allocation of one (1) award for the 2nd quarter, October 14, 1993 through January 13 , 1994, in the Upper Keys Subarea, under the Dwelling Allocation Ordinance (ROGO) . Board adopted the following Resolution granting approval of a Grant Application to the Florida Department of Environmental Protection, Division of Beaches and Shores, for beach restoration on Lots 33 through 41 1/2, Coco Plum Beach Subdivision, Marathon, approximate mile marker 54.5 RESOLUTION NO. 084-1994 See Res. Book No. 121 which is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of a Grant Application to the Florida Department of Agriculture and Consumer Services for the Hurricane Andrew Urban Reforestation Grant Program for Corrective Trimming/Structural repair of damaged trees. RESOLUTION NO. 085-1994 See Res. Book No. 121 which is incorporated herein by reference. Board granted approval of the Flood Variance Application of George H. Roberts first time placement of a mobile home, below base flood elevation, on Lot 16, Block 5, Sexton Cove Estates, Key Largo, Coastal Flood Zone VE 13 ' , Panel 0842F. SPECIAL PROGRAMS OFFICE/MCHA Board adopted the following Resolution accepting the Monroe County Affordable Housing Committee Incentive Plan, prepared by the Monroe County Affordable Housing Advisory Committee. RESOLUTION NO. 086-1994 See Res. Book No. 121 which is incorporated herein by reference. Board adopted the following Resolution amending the SHIP 1992-1993 Local Housing Assistance Plan - Amendment number two (2) . RESOLUTION NO. 087-1994 See Res. Book No. 121 which is incorporated herein by reference. Revision 94/75A The following Resolution was inadvertently left out of the bulk motion: Board adopted the following Resolution confirming the Administrative Boundary interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 92 , Lot 7, Block 1, Tavernier Harbor, Key Largo,, Monroe County, Florida, approximately mile marker 92 . RESOLUTION NO. 120-1994 See Res. Book No. 121 which is incorporated herein by reference. 94/76 Board adopted the following Resolution authorizing the preparation and submission of a competitive grant application to the Florida Housing Finance Agency (FHFA) for Federal Home Investment Partnerships (HOME) Program Disaster Relief Set-Aside Special Allocation Funds and directing the execution of application documents. RESOLUTION NO. 088-1994 See Res. Book No. 121 which is incorporated herein by reference. PROGRAM/CONSTRUCTION MANAGER - MK/G Board granted approval of Alternate Design Change Order to Contract FF-102, Currie Schneider & Associates, for the Key Largo Fire Facility, in an amount not to exceed $50, 000. 00. Board granted approval of the mid-project status report for the Marathon Airport project. Board granted approval and authorized execution of Change Order No. 01-028-003 to Smith Fence Company's Contract No. KJ-028, Fence & Gates, in the amount of $5,791. 00 for the New Detention Facility. Board granted approval and authorized execution of Change Order No. 32-001-002 to Page Building System' s Contract No. FR-001, Roof Repairs, in the amount of $4, 083 . 00 for the Fire Facilities Board granted approval and authorized execution of Change Order No. 28-001-001 to Sowesco Development's Contract GM- 001, Design/Build, in the amount of $2, 090. 00 for the Public Works Maintenance Garage, Marathon. Board granted approval of Schedule of Values for D.L. Porter Construction, Contract No. FB-001, Construction, for the Big Coppitt Fire Facility. Board granted approval and authorized execution of Change Order No. 01-021-005 to Wentworth Plastering's Contract No. KJ-021, Gypsum Board, Lath & Plaster, in the decreased amount of $1,984. 00 for the New Detention Facility. Board granted approval and authorized execution of Change Order No. 01-021-004 to Wentworth Plastering's Contract No. KJ-021, Gypsum Board, Lath & Plaster, in the increased amount of $842. 00 for the New Detention Facility. Board granted approval and authorized execution of ( ) Change Order No. 01-029-004 to Allen's Environmental Equipment's Contract No. KJ-029, WWTP Final Design and Construction, in the 94/77 increased amount of $5, 102 . 00 for the New Detention Facility. Board granted approval and authorized execution of Change Order No. 01-024-003 to Durabond Company's Contract No. KJ-024, Special Flooring, in the increased amount of $865.00 for the New Detention Facility, Board granted approval and authorized execution of Change Order No. 24-001-005 to Roma Construction's Contract No. MA-001, Terminal Building, in the increased amount of $7,568. 00 for the Marathon Airport. COUNTY ATTORNEY Board granted approval and authorized execution of an Extension of Employment Agreement between Monroe County and Randy Ludacer as County Attorney for one additional year to July 1, 1995. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County, the City of Key West and the City of Key Colony Beach concerning the Monroe County Telecommunications Authority created to regulate rates and services to consumers of cable television within Monroe County. COUNTY ADMINISTRATOR Board granted approval of the recommendation to appoint Michael Lannon to the Upper Keys Health Care Taxing District Advisory Board. Motion carried unanimously. MISCELLANEOUS BULK Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to adopt the following Resolution affirming Monroe County's intent to develop Lots 15 through 21, Block 4, Industrial Acres Subdivision and Lots 31 and 32, Block 2, Hibiscus Park Subdivision, with a minimum of adverse impacts to surrounding property owners. RESOLUTION NO. 089-1994 See Res. Book No. 121 which is incorporated herein by reference. Motion carried unanimously. 94/78 SOUNDING BOARD Lynn C. Mapes, Deputy Director of Partnership for a Drug-Free America, discussed the Partnership for a drug free Florida Keys program. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Harvey directing the County Administrator to coordinate with Mr. Mapes for a plan that Monroe County can implement concerning a drug free Florida Keys program. Motion carried unanimously. Motion was also made by Commissioner Cheal and seconded by Commissioner Freeman granting approval of the use of Monroe County's Channel 16 to air Drug Free Florida Keys advertisements. Motion carried unanimously. Stephen A. Chappell, of Generator Contractor, Inc. , and Growth Management Director, Bob Herman, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Reich granting approval of the extension of permit No. 9110002378, with the provision of an inspection in 120 days, and that all similar cases be first brought to the attention of the Growth Management Division. Motion carried unanimously. Douglass Cater discussed the future of the Key West International Airport. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey directing Staff to draft a Resolution for the Board's consideration directed to the Congressional Delegation, Secretary of State, Secretary of Defense, Secretary of the Navy, and the President regarding the joint use of Boca Chica and that preceding the Resolution, a letter also be sent with the Mayor's signature indicating that a Resolution is anticipated to follow. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning the adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of an alley in Block A, Crain Subdivision, Grassey Key, Monroe County, Florida. Thomas 0. Neff addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 090-1994 See Res. Book No. 121 which is incorporated herein by reference. A Public Hearing was held concerning the adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of Old State Road 4-A, Marathon Beach Subdivision, Key Vaca, Monroe County. Karen Dennis addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following 94/79 Resolution. Motion carried unanimously. RESOLUTION NO. 091-1994 See Res. Book No. 121 which is incorporated herein by reference. GROWTH MANAGEMENT Growth Management Director, Bob Herman, discussed a request he received from the Department of Community Affairs to organize a meeting regarding the 4 Foot Rule. Mr. Herman indicated that Charles G. Pattison, Director of Resource Planning and Management of the Department of Community Affairs, would like to come down and present some Land Development Regulations that DCA would like to move forward on. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to hold a Special Meeting on April 12, 1994 to begin at 9: 00 a.m. at the Marathon Government Center with the Department of Community Affairs pursuant to the request. Motion carried unanimously. Special Litigation Counsel, James T. Hendrick, discussed the Twin Harbors noise violation case scheduled for a i. Motion for Summary Judgement on March 28, 1994 at 8:30 a.m. in Plantation Key before Judge Overby. Mr. Hendrick discussed the Pigeon Key appeal where an oral argument before a three judge panel will be held in Miami next month. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting approval of a Settlement Agreement in Case No. 93-938DRI, DCA v. William Charles Bond and Monroe County. Motion carried unanimously. Mr. Hendrick and Mr. Herman discussed a legal opinion regarding Monroe County v. the U.S. Postal Service regarding permitting requirements. Motion was made by Commissioner Cheal and seconded by Commissioner Reich directing Staff to make a Freedom of Information Act request for the plans for the post offices facilities to analyze for local county conformance; draft an appropriate Resolution expressing the Board's concern for the differences between local and federal requirements to the Congressional delegation and the Environmental Protection Agency. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich Yes Mayor London No Motion carried. 94/80 DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioners James Fenhoff, Hal Halenza, Jack London, Shirley Freeman, and Chairman Earl Cheal. Motion was made by Commissioner London and seconded by Commissioner Halenza to add the Board to the Agenda the adoption of a Resolution. Motion carried unanimously. Public Safety Director, Reggie Paros, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Halenza granting approval of Award of Bid for Fire Rescue Equipment to the low bidder per item/unit for Municipal Services Taxing District 1. Said bids are incorporated herein by reference. Motion carried unanimously. Mr. Paros addressed the Board. Motion made by Commissioner Halenza and seconded by Commissioner London to adopt the following Resolution of the Board of Governors of the Lower and Middle Keys Fire and Ambulance District of Monroe County, Florida, superseding Resolution No. 361-1992, and adopting an amended fee schedule for use by the special taxing district for providing ambulance services. Motion carried unanimously. RESOLUTION NO. 092-1994 See Res. Book No. 121 which is incorporated herein by reference. Mr. Paros addressed the Board. Motion was made by Commissioner London and seconded by Chairman Cheal to adopt the following Resolution renewing a loan with Nations Bank for the funding of fire equipment for the Lower and Middle Keys Fire and Ambulance District and granting authorization to execute a Promissory Bote and Tax Anticipation Warrant. Motion carried unanimously. RESOLUTION NO. 093-1994 See Res. Book No. 121 which is incorporated herein by reference. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * Re.viseci 94/81 The Board of County Commissioners reconvened with all Commissioners present. GROWTH MANAGEMENT Special Litigation Counsel, James T. Hendrick, discussed the Marathon Jet Center lease and the need to obtain outside counsel in regards to anti trust law. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman granting approval to obtain an anti-trust law attorney in regards to the Marathon Jet Center lease issue. Motion carried unanimously. Mr. Hendrick discussed the removal of the Boot Key Bridge and the need to obtain outside counsel that specializes in condemnation cases. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting approval to obtain outside counsel specializing in condemnation cases in regards to the Boot Key Bridge removal. Motion carried unanimously. Mr. Hendrick updated the Board on the status of the Melton Dock case. No official action was taken. Parks and Recreation Advisory Board Chairman, Duncan Matthewson, presented the annual report on parks and recreation in Monroe County. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal giving commendation to the Parks and Recreation Board for the report and referring this item to the County Administrator for recommendation. Motion carried unanimously. COUNTY ADMINISTRATOR Nancy Graham, representing the American Red Cross, and Paulette Ettachild, representing Legal Services of the Florida Keys, addressed the Board concerning the approval of assistance to Legal Services and the American Red Cross. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting assistance to the American Red Cross . in the amount of $3 ,500. 00 and the amount of $4, 500. 00 to the Legal Services of the Florida Keys. Roll call vote was unanimous. SPECIAL PROGRAMS OFFICE/MCHA Director of Special Programs, Roger Braun, addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution authorizing the waiver of applicable Building Permit/Planning Fees for implementation of county rehabilitation of County 94/82 Housing Rehabilitation Programs for the eligible very-low and low income residents participating in the county's programs. RESOLUTION NO. 094-1994 See Res. Book No. 121 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to adopt the following Resolution authorizing the advertising of a Request for Qualification of specified architectural services for the implementation of the County's Housing Grants and establishment of a Selection Committee. RESOLUTION NO. 095-1994 See Res. Book No. 121 which is incorporated herein by reference. GROWTH MANAGEMENT Debra Harrison, representing The Wilderness Society; Bill Smith, representing the Florida Keys Contractor's Association; and Growth Management Director, Bob Herman, addressed the Board, concerning cesspool and septic tank inspections. Motion was made by Mayor London and seconded by Commissioner Freeman directing Mr. Herman to immediately begin to address the issue of funding for cesspit replacements. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Reich directing the County Administrator to review the present process and make recommendations to the Board for changes and improvements in the future and bring those recommendations back to the Board. Roll call vote was unanimous. Special Litigation Counsel, James T. Hendrick, discussed his representation of Truman Annex Development and Key West Fairway projects; his agreement and representation with the county; , and the City of Key West and Monroe County's Rate of Growth Ordinance. DIVISION OF ENVIRONMENTAL MANAGEMENT VIDEO CONFERENCE A Video Conference was conducted with Environmental Management Director, Barry Boldissar. Mr. Boldissar discussed Solid Waste collection contracts for Fiscal Year 1995 negotiations. No official action was taken. Commissioner Harvey discussed several letters she received concerning debris collected by volunteers from waters surrounding the Florida Keys, including Key West, along the land 94/83 (shores) awaiting "mobile pick-up" by willing hands with a truck; request to haul. This matter was referred to Environmental Management. PROGRAM/CONSTRUCTION MANAGER - MR/G Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to reconsider agenda item H-1 concerning an alternate design change order to Contract FF-102 , Currie Schneider & Associates, for the Key Largo Fire Facility. Motion carried unanimously. Construction Manager, Larry Keys addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Cheal to hold the gross square footage of the Key Largo Fire Facility to 7200 square feet, the new building be spaced some distance from the existing building, the interior finishes be the same as the Big Coppitt Fire Facility, and remove the architectural relief on the exterior walls. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting approval and authorizing execution of Change Order 01-017-011 to D. L. Porter Construction's Contract No. KJ-017, Concrete, in the increased amount of $2,590. 00 for the New Detention Facility. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting approval and authorizing execution of Change Order 01-025-003 to Lyle Painting's Contract No. KJ- 025, Painting & Wallcovering, in the amount of $480. 00 for the New Detention Facility. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the following items: Change Order No. 01-017-010 to D.L. Porter Construction's Contract No. KJ-017, Concrete, in the increased amount of $3,705. 00 for the New Detention Facility. Change Order No. 01-011-004 to Rodel Group's Contract No. KJ-011, Fire Protection System, in the increased amount of $2 , 936. 00 for the New Detention Facility. Change Order No. 01-010-016 to Lake Plumbing' s Contract No. KJ-010, Prime Plumbing, in the increased amount of $9,223. 00 for the New Detention Facility. Change Order No. 24-002-003 to Douglas N. Higgins, 94/84 Inc. 's Contract No. MA-002, Sitework, in the increased amount of $1,765.50 for the Marathon Airport. Change Order No. 01-008-012 to J. F. Hoff Electric's Contract No. KJ-008, Prime Electrical, in the increased amount of $20,557. 00 for the New Detention Facility. Change Order No. 01-017-012 to D.L. Porter Construction's Contract No. KJ-017, Concrete, in the increased amount of $12 , 175. 00, for the New Detention Facility. Change Order No. 1 to purchase order no. 155697 to Southern Bell, Essx System with integral equipment, in the increased amount of $12 ,814. 89 for the New Detention Facility. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to approve the following items: Change Order No. 01-011-003 to Rodel Group's Contract No. KJ-011, Fire Protection System, in the increased amount of $9,826. 00 for the New Detention Facility. ( I Change Order No. 01-011-005 to Rodel Group' s Contract No. KJ-011, Fire Protection System, in the increased amount of $993 . 00 for the New Detention Facility. Change Order No. 01-021-006 to Wentworth Plastering's Contract No. KJ-021, Gypsum Board, Lath & Plaster, in the increased amount of $2, 318. 00 for the New Detention Facility. Change Order 01-021-007 to Wentworth Plastering's Contract No. KJ-021, Gypsum Board, Lath & Plaster, in the increased amount of $790. 00 for the New Detention Facility. Change Order No. 01-021-008 to Wentworth Plastering's Contract No. KJ-021, Gypsum Board, Lath & Plaster, in the increased amount of $1, 700. 00 for the New Detention Facility. Change Order No. 24-001-004 to Roma Construction's Contract No. MA-001, Terminal Building, in the increased amount of $3 ,781. 00 for the Marathon Airport. Change Order No. 24-001-003 to Roma Construction's Contract No. MA-001, Terminal Building, in the increased amount of $199. 00 for the Marathon Airport. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman directing the County Administrator and the 94/85 County Attorney to consider responsibility for the above change orders in future negotiation with the architect. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Mayor London to reconsider agenda item H-24 concerning the approval of Change Order No. 1 to purchase order no. 155697 to Southern Bell, Essx System with integral equipment, in the amount of $12,814.89 for the New Detention Facility. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting approval and authorizing the execution of Change Order No. 1 to purchase order no. 155697 to Southern Bell, Essx System with integral equipment, for the New Detention Facility. Motion carried unanimously. COUNTY ADMINISTRATOR Paramedic/Shift Supervisor, Mike D. 'Haem, addressed the Board on the Emergency Medical Services provided in Monroe County. County Administrator, James Roberts conducted a Video Conference with Risk Management Director, Donna Perez. Ms. Perez reported on the current status of the renewal of Monroe County's property insurance. Mr. Roberts discussed the status of the strategic planning process. Mr. Roberts discussed the budget process. Commissioner Freeman discussed the appointment of Bill Ellinghause to the Telecommunications Authority. Motion was then made by Commissioner Freeman and seconded by Commissioner Cheal granting the appointment of Bill Ellinghause to the Telecommunications Authority. Roll call vote was unanimous. Mr. Roberts discussed the policies for use of the BOCC/EOC meeting room in Marathon. Mayor London discussed signage in front of the Marathon Regional Service Center. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to strongly recommend to the State that the Marathon Regional Service Center be called the Marathon Government Center. Motion carried unanimously. There being no further business, the meeting was adjourned. 94/86 Clerk to the Board of County Commissioners of Monroe County A.0.141. C. L121/104,;)) Isabel C. DeSantis, Deputy Clerk