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09/21/1994 Regular 94/303 IUIlUTBS O~ THB KODOB COmJTY BOARD 0.. COUWY COJDIISSIONBRS Regular Meeting Board of County Commissioners Wednesday, September 21, 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 Government Center. Present and answering to roll call were Commissioner. Earl Cheal, Shirley Freeman, Mary Kay Reich, and Mayor Jack London. Absent was Commissioner Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Randy Ludacer, County Attorney; Jame. Roberts, County Administrator; County Staff; members of the Pre.. and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDI'IIOB.. COUBC'IIOB. UD DBLftIOB. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting approval of Additions, Correction., or Deletion. to the Agenda. JaSCBLLUBOOS Motion was made by Commissioner Harvey and seconded by Commissioner Reich to switch the times certain for agenda item G- 2 concerning a presentation by the Ad Hoc Committee for the Arts - Kim Northrop, time certain of 2:30 PM and agenda item G-4 concerning the approval of parvan Barkardjiev's contract with the Monroe County Fine Arts Council to include the termination clause, time certain 2:45 PM. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman No Commissioner Harvey Yes Commissioner Reich Yes Mayor London No Motion failed. '4/304 Motion was made by Commissioner Cheal and seconded by Commissioner Reich to limit the time to ten minutes in accordance with the normal procedures where ten minutes are allowed for the public to make presentations under Sounding Board items for agenda item G-2 concerning the presentation of the Ad Hoc Committee for the Arts - Kim Northrop. Roll call vote was unanimous. BULK APPROVALS Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval of the fOllowing items: Board granted approval of a Restrictive Covenant, submitted by the Brian Sullivan for three building permit applications #94-1-775; #94-1-776; and #94-1-777; the document restricts the property owner to baving only one dwelling unit on two contiguous lots per application. Tbe Restrictive Covenant for combining contiguous lots bave been filed by tbe applicant for the 4th quarter, year 2, allocation ending on July 13, 1994, under the requirements of tbe Dwelling Unit Allocation Text Amendment (Ordinance No. 016-1992). Board granted approval of two Affordable Deed Restrictions, submitted in tbe Upper Keys by Hortio Izaquirre tor perait number #93-3-912. Tbe Deed Restrictions for Affordable Housing have been completed and filed by the applicants pursuant to the requirements of the Dwelling Unit Allocation Text Amendment (Ordinance No. 016-1992), and the County's Land Develop.ent Regulations. Board granted approval of a Planning Commission recommendation regarding an excess allocation of one (1) award for tbe 4tb quarter, year 2, April 14, 1994 tbrougb July 13, 1994, under tbe Dwelling Unit Allocation Ordinance (ROGO). Board granted approval of a Restrictive Covenant submitted by Mark Scbweiss for building permit application number 94-3-1170, restricting the property owner to baving only one dwelling unit on two contiguous lots. Board adopted tbe following Resolution annulling and vacating in wbole the plat known as the Amended Plat of Marathon Sbores Subdivision, as described in Plat Book No. 3 Page 58, and authorizing the Mayor to execute appropriate abandonment dOCUJlents. 1lBS0L1J'1'IOB BO. 21'-1"4 See Res. Book No. 123 wbicb is incorporated herein by reference. Board adopted the following Resolution granting final 94/305 plat approval of a requested re-plat of land, as submitted by James W. Davidson and W. Gregory Robertson, for property described as Lot 1, Block 8, and Lot 19, Block 7, in Coco Plum Beach Subdivision, Section 4, Township 66 South, Range 33 East, Crawl Key #3, Tallahassee Meridian, Marathon, Monroe County, Florida. Real estate #00363810, and #00363800. Located at approximate mile marker 54. The land use district designation is suburban residential (SR). RBSOLUTIO. .0. 2'8-1994 See Res. Book No. 123 which is incorporated herein by reference. Board adopted the following Resolution granting final plat approval of a requested re-plat of land, as submitted by John S. Ely, located on Lots 1-8 Ibis Isle unrecorded subdivision, and also known as a portion of Sombrero properties, Section 5, Township 66 South, Range 32 East, Fat Deer Key, Tallahassee Meridian, Marathon, Monroe County, Florida. Real estate ". 355310-000102, 000103, 000104, and 000106. Located at approximate mile marker 50. The land use district designation is improved SUbdivision (IS). .BSOLUTIO. .0. 2'9-1994 See Res. Book No. 123 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, Florida, an amended Agreement between the Florida Department of Community Affairs, Monroe County, Sweetwater Homes, Inc., and Arnold and Anna Manger, concerning Lot 3, Block 4, Windward Beach Estates, Little Torch Key, unincorporated Monroe County, Florida and located at approximate mile marker 28.5. RBSOLUTIO. HO. 270-1". See Res. Book No. 123 which is incorporated herein by reference. Board granted approval to accept proposal fro. Frank , Elliott to survey the Sanders Property (Settler's Park) at a cost of $2,700.00 with the option to pay additional cost of approximate $3,000.00 for Mean High Water study if needed. Board granted approval of a Flood Variance Application of Driscoll Properties, Inc., for a 755 square foot laterally attached garage enclosure below base flood elevation, for parking only on property located on Lot 10, Block 7, Harbor Course South, Section III, Ocean Reef, Key Largo, Coastal Flood Zone AS S', panel 0666F. Board granted approval of a Flood Variance Application of Max Justice tor a detached 546 square toot garage enclosure below base flood elevation located on Tract B, The Harborage, Key Largo, Coastal Flood Zone VE-14', panel 1117F. '4/306 Board granted approval of a Flood Variance Application of Harvey Klein for a 600 square foot detached garage enclosure below base flood elevation, for parking only on property located on Lot 9, Angelfish Cay, Ocean Reef, Key Largo, Coastal Flood Zone AE 10', Pane10659F. Board granted approval of a Flood Variance Application of Gordon and Joan Larsen for a 884 square foot detached garage enclosure below base flood elevation located on Block 3 Tavernier Beach, Key Largo, Coastal Flood Zone VE-15, Panel 0994F. Board granted approval of a Flood Variance Application of Thomas Ryan for a 478 square foot detached garage enclosure below base flood elevation, for parking only located on Lot 5, Summerland Beach Estates, Summerland Key, Coastal Flood Zone AE 10', Panel 1518G. Board granted approval to remove the following item from Social Services/Bayshore Manor inventory: Coun~v ID# 1803-532 DescriDtion General Electric Refrigerator Board adopted the following Resolution authorizing the Tax Collector of Monroe County to make a refund of a $10.00 assessment fee for the Cross Key Waterway Lighting District to be paid from Cross Key Waterway Fund #173. "SOLU'lIO. .0. 271-1"4 See Res. Book No. 123 which is incorporated herein by reterence. TOUllIST DB\'BLOPJID'l CODCIL The tollowing items were approved contingent upon the adoption of the Tourist Development Council Fiscal Year 1994-1995 budget: Board granted approval and authorized execution of an Agreement between Monroe County and Stuart Newman Associates, Inc., for a period of 36 months, commencing on October 1, 1994 and terminating September 30, 1997 to provide public relations coverage to Monroe. Board granted approval of the Public Relations BUdget in an amount not to exceed $398,000.00, Fiscal Year 1995, Two and Three Penny. Board granted approval and authorized execution of a Funding Agreeaent between Monroe County and the Red Barn Actors StUdio, Inc., covering the Red Barn Theatre Festival, Nov8llber 94/307 16, 1994 through June 18, 1995, in an amount not to exceed $20,500.00, Fiscal Year 1995, Two Penny under the CUltural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Lower Keys Chamber of Commerce co.:.aring the Island Art Fair from December 10, 1994 in an amount not to exceed $2,300.00, Fiscal Year 1995, Two Penny under the CUltural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Florida Keys Community College/Tennessee Williams Fine Arts Center covering the Tennessee Williams Fine Arts Center's 1994-95 season from NOVember 26, 1994 through April, 1995 in an amount not to exceed $18,400.00, Fiscal Year 1995, Two Penny, under the CUltural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Key West Players, Inc., covering the Waterfront Playhouse, November 1994 through May 1995 in an amount not to exceed $19,425.00, Fiscal Year 1995, Two Penny, under the CUltural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Key West Players, Inc., covering the Old Island Day. Art Festival, February 25-26, 1995 in an amount not to exceed $3,000.00, Fiscal Year, 1995, Two Penny, under the CUltural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Old Island Restoration Foundation, Inc., covering the 35th Annual House' Garden Tours, December 22, 1994 through May 4, 1995 in an amount not to exceed $6,000.00, Fiscal Year 1995, Two Penny, under the CUltural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and World Class Angler, Inc., covering the Light Tackle SailfiSh Tournament, November 3- 5, 1994 in an amount not to exceed $760.00, Fiscal Year 1995, under the Fishing Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the FiShing , Conservation Trust, Inc., covering the Metropolitan South Florida Fisbing Tournament, December 19, 1994 through May 7, 1995 in an amount not to exceed $1,425.00, Fiscal Year 1995, under the Fisbing Umbrella. Board granted approval and authorized execution ot a Funding Agreuumt between Monroe County and Tournaaent Bait , '''/308 Tackle, Inc., covering the Marathon Sailfish Classic Tournament, November, 10-13, 1994 in an amount not to exceed $6,175.00, Fiscal Year 1995, Two Penny under the Fishing Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Redbone, Inc., covering the Mercury Outboards Redbone, November 4-6, 1994 in an amount not to exceed $14,250.00, Fiscal Year 1995, Two Penny under the Fishing Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Islamorada Charterboat Association, Inc., covering the Islamorada Sailfish Tournament from November 30, through December 3, 1994 in an amount not to exceed $6,840.00, Fiscal Year 1995 Two Penny under the Fishing Umbrella. Board granted approval and authorized execution of an Addendum between Monroe County and Cellet Travel Services, Inc., allowing for incentive buyer meal functions and Florida Keys and Key West Participation in the World Travel Market in November, 1994. Board granted approval and authorized execution of an Addendum between Monroe County and Original Impressions, Inc., to exercise the option for an additional two year period and providing for a CPI increase in an amount not to exceed $71,890.00. Board adopted the following Resolution to provide advance registrations for Trade Shows for the Fiscal Year 1995 be paid from Tourist Development Council funds in Fiscal Year 1994 from Sales and Marketing funds. 1lB80L1J'1'IOII 110. 272-1"" See Res. Bo6k No. 123 which is incorporated herein by reference. Board adopted the following Resolution concerning Transferring Funds. USOL1J'1'IOII 110. 273-1"" See Res. Book No. 123 which is incorporated herein by reference. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Marathon Co_unity Theatre, Inc., covering the Marathon Co_unity Theater Festival tro. November 18, 1994 through April 8, 1995 in an aaount not to exceed $5,000.00, Fiscal Year 1995, Two Penny under the CUltural UIlbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the IslaJlOrada All- Tackle Bonefish Tournament covering the Islamorada All-Tackle Bonefish Tournament October 9-13, 1995 in an amount not to exceed $2,375.00, Fiscal Year 1995, Two Penny under the Fishing Umbrella. '''/30' Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Redbone, Inc., covering the Mariner Outboard Baybone, October 13-15, 1994 in an amount not to exceed $11,400.00, Fiscal Year 1995, Two Penny under the Fishing Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the World Class Anglers concerning the Florida Keys Flats Masters Tournament, September 30 - October 1, 1995 in an amount not to exceed $1,425.00, Fiscal Year 1995, Two Penny under the Fishing Umbrella. Motion carried unanimously. XX8CBLLUIBoU8 BULK AP1>>ROVAL8 Growth Management Director, Bob Herman, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman granting approval and authorizing execution of a revision to the existing contract between Monroe County and the Department of Health and Rehabilitative Services tor the joint implementation of the Cesspool Identification and Blimination Project. Motion carried unanimously. 801JllDXKG BOARD Nicholas R. Canizio addressed the Board concerning food establishment inspections. No official action was taten. Scott Kerr, President of Long Key Cable, Inc.; Mayor of the City of Key Colony Beach, Samuel Feiner; and Monroe County Public Information Officer, Rick Bernskoetter, discussed the expansion of Long Key Cable television to provide cable service for residents of Long Xey. No official action was taken. Claude Halioua addressed the Board concerning Monroe County-. liability when fire codes are not enforced. No official action was taken. Ja8CWLLUIBOU8 BULJt U..OVALs Social Services Director, Louis LaTorre, addressed the Board. Motion was aade by Co..issioner Harvey and seconded by 94/310, commissioner Freeman granting approval and authorizing execution of a Contract between Monroe County and Drewing-sperry Consulting, Inc., to develop an Emergency Preparedness Plan, and Standard Operating Procedure for Monroe County's Social Services Department. Motion carried unanimously. Mr. LaTorre addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Reich granting approval and authorizing execution of Amendment #1 to the Community Care for the Elderly Contract #KG-451E between Monroe County and the Alliance for Aging, Inc. Motion carried unanimously. PUBLIC BEARINGS The second of three Public Hearings was held concerning the adoption of alternative version of an Ordinance regulating wrecker operators in Monroe County who provide motor vehicle towing and storage services at the request of Law Enforcement Officers by establishing equipment standards and rates; Providing for severability; Providing for repeal of all ordinances inconsistent herewith; Providing for the incorporation into the Monroe Code; and providing an effective date. County Attorney, Randy Ludacer, read by title. Lieutenant William R. Bass, representing the Florida Highway Patrol; County Administrator, James Roberts; and Code Enforcement Director, Marty Arnold, addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to include the following change. and continue to the next regularly scheduled Board meeting: Page 8 Section 4. Rates. CLASS A Wrecker Service Change the word "minimum" to "maximum" under the Base Rate section. Insert the words "after the first 6 hours" under the Inside and Outside Storage (per day) sections. Page 9 Insert the words "in 1/4 hour increments" under the Per hour charge beginning 30 minutes after arrival on site section. CLASS C Wrecker Service Change" S7.00 " per mile to "S3.50" per mile for the Mileage Rate from wrecker station to site and return section. Page 10 '4/311 Insert the words "in 6 hour increments" between the words "rate must be prorated" and "when the vehicle is retrieved" at the top of the page. Page 12 Delete the words "This Ordinance may also be enforced by the County Code Enforcement Department with violations prosecuted betore the County Code Enforcement Board. Violations of this ordinance may also be the subject of any action at law or equity available under the laws ot the state of Florida" at the end of Section 6. Motion carried unanimously. A Public Hearing was held concerning the adoption ot a Resolution renouncing and disclaiming any right of the County and the Public in and to a 25 foot easement in Tract B, Cahill Pine. and Palm. CPB3, Page 94), Big Pine Key, Florida. There was no public input. Motion was made by Commissioner Freeman and .econded by Commissioner Harvey to adopt the following Resolution. RBSOLUTIO. .0. 274-1"4 See Res. Book No. 123 which is incorporated herein by reterence. Motion carried unanimously. A continuation of a Public Hearing was held concerning the adoption of an Ordinance revising Section 6-63(a), providing for record-making and recordkeeping fees to register State Certified Contractors; Providing tor severability; Providing for the repeal ot all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe Code; and providing an etfective date. County Attorney, Randy LUdacer, read by title only. Walter Carson, representing BASF addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to continue to the next regularly scheduled Board meeting of October 20, 1994 at 10:00 AM. Motion carried unanimously. The third of three Public Hearings was held concerning the adoption of an Ordinance creating Section 6.3-14, Monroe County Code, in order to create the Office of Code Enforcement Special Master; Providing that the Code Enforcement Special Master must hear and decide all Code Enforcement cases initiated or awaiting a hearing after the effective date of this Ordinance; Granting the Code Enforcement Special Master all the authority of the Code Entorcement Board and its Chairaan; Continuing the existence ot the Code Entorceaent Board until all cases heard by it before the etfective date of this Ordinance have bp~;. resolVed; Providinq tor severability; Providinq for the repeal of ~~vision '4'312 all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe Code; ~nd providing an effective date. County Attorney, Randy Ludacer, read by title only. The following individuals addressed the Board: Dick Ramsay, Richard Nelson, Captain Mills, John Habel, Dona Merritt, H. Robert DeHaven, Leonard Lucas, H. T. Pontin, Frieda A. Rock, Robert R. Greene, Corliss Greene, Janice S. Drinkwater, Arthur G. Drinkwater, Eugene Paxton, Thelma Scheidell, William Scheidell, Bill CUllen, Ralph Tallent, and Thomas S. Trinchetto, M.D. Motion was made by Mayor London and seconded by Co..issioner Cheal to adopt the following Ordinance with the following Aaendment: Sec. 6.3-14. Special master. c) Insert the words "or 6 months whichever occurs last." betw.en the words" ordinance have been resolVed" and "In a case wher." in the section. Sect:J,on !5. Change the word "October" to "Dec8llber" in the section. Roll call vote was taken with the following results: Commissioner Cheal Yes Co..issioner Freeman Yes Co..issioner Harvey No Co..issioner Reich No Mayor London Yes Motion carried. See Page 94/312A for Ordinance number. * Code Enforcement Director, Marty Arnold, addr..sed th. Board. Motion was made by Commissioner Cheal to ask the County Attorney to work with the Code Enforcement Department to dev.lop reco...ndations for a process to select Special Masters to be considered by the Board at the next Board ..eting. After discussion, the IIOtion was withdrawn. IIotion was made by Co_issioner Cheal and seconded by Ccm.i..ioner Fre8llal\ to direct the County Attorney to advertise for applications fraa qualified attorneys for the position of Special Master at a fee of $150.00 aaxiaUII. Roll call vote vas taken with the following re.ult.: Co..i..ioner Cheal Yes co..i.sioner Fre...n Yes 94/312A ORDIBaBCB .0. 020A-199. See Ord. Book No. 33 which is incorporated herein by reference. ~ '4/313 Commissioner Harvey Yes Commissioner Reich No Mayor London Yes Motion carried. A Public Hearing was held concerning the adoption of an Ordinance amending Section 6 of Ordinance No. 005-1992 (The Duck Key Security District Ordinance) in order to provide that only one residential assessment may be made under certain conditions when one residence occupies a multiple lot site; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe Code; and providing an effective date. County Attorney, Randy Ludacer, read by title only. John Ghee, President of the Duck Key Property OWner's Association and Lillian Tallent, addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to continue the item to the next Board meeting in Marathon and ask the Duck Key District Advisory Committee to review and make recommendations. Motion carried unanimously. A Public Hearing was held concerning the adoption of an Ordinance amending Chapter 14, Article III, creating three branches of the Commission on the Status of Women; Revising the appointment provisions of the article; Providing for branch meetings; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe Code; and providing an effective date. County Attorney, Randy LUdacer, read by title only. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the following Ordinance. ORDIHABCB BO. 021-1"4 See Ord. Book No. 33 which is incorporated herein by reference. TOURIST DBVBLOPMENT COUNCIL Jim Johnson, representing Tinsley Advertising and a member of the Tourist Development Council's Transportation Committee; Norman Wortman, Chairman of the Metro Dade County citizens Transportation Advisory Committee of the Metropolitan Planning Organization; Director of Transportation with the City of Key West, Raymond Artman; Social Services Director, Loui. LaTorre; Chairman of the Tourist Development Council, Samuel Feiner; and Rene Rodriquez, representing the Florida Department of Transportation, addressed the Board concerning a Keys Public Bus System. Motion was made by Commissioner Cheal and seconded by Co..iasioner Freeaan supporting the idea of a consolidated 94/314 transportation system for the entire Keys and direct the County Administrator to designate staff to act as the point of contact to work with the Tourist Development Transportation Committee, the Transportation for Disadvantaged Committee, and any other transportation entity, and to have three PUblic Hearings with the Tourist Development Council Transportation Committee for public input concerning the proposal. Roll call vote was unanimous. XISCBLLANBOUS Director of the Special Programs Office of the Monroe County Housing Authority, Roger Braun, addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt the following Resolution authorizing the filing of a Grant Application scoring appeal to the Florida Housing Finance Agency reference the County's Home Disaster Relief cycle II Application, per Staff recommendation. RBSOLUTIOB NO. 275-1994 See Res. Book No. 123 which is incorporated herein by reference. TOUllIS'!' DBVBLOPXDr1' COWCIL Community Services Director, Peter Horton, addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey rescinding the Board's previous action concerning a Keys Public Bus System. Motion carried unani.oualy. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to hold Public Hearings concurrent with the next three regularly scheduled Board meetings concerning a Xey. Public Bus System. Motion carried unanimously. GROftII XAllAGIDIDJ'l' DIVIS lOB Growth Management Director, Bob Herman, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Reich granting approval of the request for a variance to permit expiration under Section 1(f)(4) of Ordinance No. 013-1994 for Permit No. 9030001415 issued on August 28, 1990 and revised on January 28, 1992, to Mr. Daniel Cole for a single family residence at Ocean Isle Estates,Xey Largo, with the first inspection in 210 days. Motion carried unanimously. Mr. Herman addressed the Board. Motion was made by Co..ia.ioner Freeaan and seconded by Commissioner Harvey granting approval of the request for a variance to permit expiration under Section 1(f)(4) of Ordinance No. 013-1994 for perait No. C-20532, i.sued on September 23, 1986 to Mr. William R. CUllen for a 94/315 single family residence at Anglers Park, Key Largo, with the first inspection in 180 days. Motion carried unanimously. Mr. Herman addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner ReiCh granting approval of the request for a variance to permit expiration under Section 1(f)(3) and 1(f)(4) of Ordinance No. 013-1994 for Permit No. 9120002387, issued on June 10, 1992 to Miguel and Mary L. Parets for a single family residence at Coco Plum Beach, Fat Deer Key. Motion carried unanimously. Mr. Herman addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to deny the Flood Variance Application of Twin Harbors, Inc., to install a 744 square foot enclosure with cooler and freezer below base flood elevation as storage for the restaurant operation. Located in a V-zone. The area may not be floodproofed. Located on property known as Building F, Twin Harbors Resort, Mile Marker 103.5, U.S. NO.1, Key Largo, Monroe County, Coastal Flood Zone VE-12', Panel 844F. Motion carried unanimOUSly. IIISCBLLUfBOUS Michael Barnes addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval of the Human Services Board's final recommendations for funding. Motion carried unanimOUSly. GIlOftB IlUAGBKD'l' DIVISIO. An update on legal issues was presented by Special Litigation Counsel, James T. Hendrick. Motion was made by CODaissioner Freeman and seconded by Mayor London to schedule legal issue. by Mr. Hendrick at a time certain. Motion carried unanimously. Mr. Hendrick discussed the Department of Community Affairs Land Use Plan Hearings, the casino boat case in the upper Keys, the New Port Largo lawsuit, dock appeals, the Thompson/FEIIA case, Boot Key Bridge, Marathon's Fixed-Base Operators, and a letter from the Florida Department of Community Affairs, dated August 29, 1994, regarding the Overseas Highway Transporbtion Corporation. Motion was made by Commissioner Cheal and seconded by Co--i..ioner Freeman authorizing staff to write a letter to the Florida Department of Transportation to not abrogate ~eir responsibility for U.S.1 and requesting involvement of ~e County in ~eir decisions. Motion carried unaniaously. Mr. Hendrick discussed his retainer fees. Motion was aade by co..issioner Preeaan and seconded by Co..issioner Cheal Rev/sian '4'31' to increase the allocation for Growth Management General civil Litigation/Let~er of Engagement, from $200,000.00 to $275,000.00; ~ and decreasing the Special Litigation Counsel/Letter of Engagement from $200,000.00 to $125,000.00. Motion carried unanimously. Mr. Herman addressed the Board concerning the Board's approval of on September 7, 1994 of a Building Permit for renovation of the Welcome Home Ministries Church located on Big Coppit Key. Mr. Herman indicated that the items should have been approval of one Affordable Housing Deed Restriction, submitted in the Lower Keys by Welcome Home Ministry a/k/a Keys Chapel, Inc. for permit #94-1-69. Motion was made by Commissioner Harvey and seconded by Commissioner Reich granting approval of the Affordable Housing Deed Restriction. Motion carried unanimously. Mr. Herman informed the Board that Rezoning Hearings (Map Amendments) will begin in October. These Hearings will be scheduled on the first day of each month's Board meeting, after 5:00 p.m. KI8CBLLAlfBOU8 The following individuals addressed the Board regarding the Ad Hoc Committee for the Arts: Attorney, Diane Tolbert Covan, representing the Ad Hoc Committee for the Art., Grant Spradling, Edward Stephenson, Ruth Alice Campbell, Beverly Middleton, John R. Dick, John Martini, Ray DiMario, To. Pout., Leda Seigel, Michael Payton, Parvan Bakardjiev and Scott Wallace. After Board discussion, motion was made by Commissioner Cheal to adopt a Resolution to begin correcting problems identified in the Florida Department of State Preliminary Audit Finding.. After consideration, Commissioner Cheal withdrew his motion. Motion was then made by Commissioner Cheal and seconded by Mayor London to table the consideration of the above Resolution. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich No Mayor London No Motion failed. Motion was made by Commissioner Reich and seconded by Commissioner Cheal to continue the adoption of the above Resolution to the September 22, 1994 agenda. Motion carried unanimously. The following individuals addressed the Board '4/317 concerning the approval of Parvan Bakardjiev's Employment Agreement with the Monroe County Fine Arts Council and the termination clause: Florence Recher, Diane Zolotow, Ann Labriola, Judi Bradford, June S. MacArthur, Kim Northrop, Nancy Holtkamp, John Martini, Tom Fouts, Carol Munder, Michael Payton, Beverly Middleton, Scott Wallace, Jane Pangborn, Parvan Bakardjiev. After Board discussion, motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval and authorizing execution of an Employment Agreement between the Monroe County Fine Arts Council and parvan Bakardjiev to include the termination clause. Roll call vote was taken with the tollowing results: Commissioner Cheal Yes Commissioner Freeman No Commissioner Harvey Yes Commissioner Reich Yes Mayor London No Motion carried. Joel Rosenblatt and Robert Padron addressed the Board. Motion was made by Mayor London and seconded by Commissioner Harvey to adopt the tollowing Resolution supporting the establishment ot the Key West Energy Technology Transter Center. Motion carried unanimously. ..SOLUTIO. XO. 27'-1"4 See Res. Book No. 123 which is incorporated herein by reterence. TOURIST DBVBLOPKBlr1' CODCIL Community Services Director, Peter Horton, addressed the Board. Motion was made by Commissioner Cheal to reter to Statt tor turther evaluation the adoption ot a Resolution requesting the Monroe County Board ot County Commissioners' pursue tunding ot promotional brochures for the Key West International Airport and the Marathon Airport through the Federal Aviation Administration. After discussion, Commissioner Cheal withdrew his motion. Motion was then made by Commissioner Harvey and seconded by Commissioner Reich to approve adoption ot the tollowing Resolution, in concept only, tor the Marathon Airport. Motion carried unanimously. uaOLU'l'IOJI XO. 277-1"4 See Res. Book No. 123 which is incorporated herein by reterence. Motion was made by Co..issioner Cheal and seconded by Co__issioner Harvey to approve the tollowing items as amended. Said Amendment to read as follows in both of the 94/318 following Resol~tions: Section 1. Insert the following words at the end of the first paragraph before the words "as follows": "provided he abstains from voting on any motions concerning funding events and organizations enumerated." Adoption of a Resolution waiving any conflict of interest tor Michael Ingram, as President of the Key West Business Guild which applies for and receives funding for the generic advertising campaign for gay marketing from the Monroe County Tourist Development Council, and as a member of the Board of Directors for the Monroe County Art and Historical Society which applies for and receives funding from the Monroe County Tourist Development Council. RBSOLUTIO. .0. 278-1994 See Res. Book No. 123 which is incorporated herein by reference. Adoption of a Resolution waiving any conflict of interest tor Scott Marr, as General Manager of Marina Del Mar, doing business with fishing tournaments (Coconuts Roundup and Coconuts Dolphin Tournament) funded in part by the Monroe County Tourist Development Council. RUOLUTIO. .0. 279-1994 See Res. Book No. 123 which is incorporated herein by reterence. Motion carried unanimously. Board discussed Commissioner Harvey's appointment ot City Commissioner Sally Lewis to replace City Commissioner Harry Bethel to the Monroe County Tourist Development Council. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey requesting the City of Key West to nominate a City CODaissioner to till the vacancy on the Board. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to reconsider the Agree.ent previously approved by the Board concerning an Agreement between Monroe County and Stuart Newman Associates, Inc., for a period of 36 months 9, commencing on October 1, 1994 and terminating Septeaber 30, 1997 to provide public relations coverage to Monroe. Co..issioner Cheal and Chairman Samuel Feiner discussed this it_. Motion was made by Co-issioner Cheal and seconded by C~issioner Reich to change the 5' annual average ConS\Dler Price Index CCPI) to 4'. After discussion, Co_issioner Reich withdrew her second and the aotion died for lack of a second. Motion was then aade by Co..issioner Reich and seconded by co..issioner 94/319 Freeman to approve the original Agreement. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. KISCBLLAlfBOUS County Attorney, Randy Ludacer, read by title only an Ordinance Section 2-282(b), Monroe County Code, in order to provide that each County commission District must have three residents of that District on the Fine Arts Council and removing the absolute prohibition on arts council membership for managers of cultural organizations and replacing it with the statutory requirement that no person may view arts council membership as the representation of a geographic area or a particular art. faction; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe Code; and providing an effective date. Kim Northrop and Jerry Cash addressed the Board. After Board discussion, motion was made by Commissioner Freeman and seconded by Commissioner Cheal to continue this item the September 22, 1994 agenda. Motion carried unanimously. GIl0ftJI KUAGBKBII'l ~IVISIO. Growth Management Director, Bob Herman, addressed the Board. Motion was made by Mayor London and seconded by Commissioner Reich granting final ranking and project sponsorship of new Intermodal Surface Transportation Efficiency Act (ISTEA) Enhancements projects. Said ISTEA ranking is attached hereto and made a part hereof. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval and authorizing execution of a Contract between Monroe County and Barton Aschman Associates, Inc. for the provision of general transportation planning services, as funded and coordinated by a Joint Participation Agree.ent (JPA) with the Florida Department of Transportation. Motion carried unanimously. Commissioner Freeaan discussed with the Board a Notice fro. the south Florida Water Management District where Public Workshops were announced. 94/320 MISCELLANEOOS Commissioner Freeman discussed with the Board a request by the state Attorney's office to appoint one Commissioner to the Monroe County Juvenile Justice Council. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to postpone this item to the November Board meeting. Motion carried unanimously. Commissioner Cheal and Jose Gonzalez discussed with the Board approval for any Commissioner to travel to Washington, D.C. as part of a group of elected officials and members of the community to show unified support to retain Boca Chica Naval Air station. Motion was made by Commissioner Harvey and seconded by Mayor London authorizing Commissioner Cheal to travel to Washington, D.C. to represent Monroe County. Motion carried unanimously. Mayor London called a Special Board Meeting to be held on Wednesday, September 28, 1994 at 5:05 PM consisting of Board of County Commissioners, the Monroe County Land Authority, and the Parks , Recreation Board to discuss the purchase of property in the Upper Keys for recreation. Motion carried unanimously. PROGRU/COHSTRUCTIOH XADGBXD1'1' - DIG Project Manager, Patrick M. Jennings, and Architect Jose Gonzalez addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting approval of a remaining not-to-exceed amount of $15,000.00 to complete the design of Judge Miller's Courtroom and approval of the program budget of $185,000.00. Roll call vote was unanimous. Mr. Jennings addressed the Board. Motion was made by Commissioner Freeman and seconded by Mayor London granting approval and authorizing execution of Change Order No. 01-008-021 to Hoff Electric's Contract No. KJ-008, Prime Electrical, in the increased amount of $21,866.00 for the New Detention Facility. Motion carried unanimously. Mr. Jennings addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting approval of the Schedule of Values for D.L. Porter, Contract No. SJ-001, Construction, for the New Detention Facility. Motion carried unanimously. Mr. Jennings addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting approval and authorizing execution of Contract FC-lOl, o.sign for the renovation of Conch Key Fire and Rescue Facility in the amount of $7,000.00 with CUrrie Schneider Associates. Motion '4/321 carried unani~ously. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting approval and authorizing execution of Contract CK-I0l, Design for the Crawl Key Fire Training Facility, in the amount of $14,000.00 with currie Schneider Associates. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by commissioner Freeman granting approval of the design development phase plans and the project budget in the amount of $1,450,000.00 for the Key Largo Fire Facility. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting approval of the following items: Additional expenditures for surveying services to be provided by Petsche , Associates in an amount not to exceed $1,856.00 for the crawl Key Fire Facility. Additional expenditures for Surveying Services to be provided by Petsche , Associates in an amount not to exceed $1,500.00 tor Truman School. Motion carried unanimously. DIVI8IOB 01' DllAGBKD'I 8DVIeR8 Medical Examiner Robert J. Nelms, M.D., addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting approval and authorizing execution of a Contract, as amended, between Monroe County and Robert J. Nelms, M.D. - Medical Examiner - District sixteen for the period July 1, 1994 - September 1995. Said amendment as follows: Page 8 17. REPORTS. B. Insert the words "and hours spent." at the end ot the sentence. D. Insert the words "and hours spent." at the end ot the sentence. E. Change the word "scene" to "all" in the sentence. G. Insert the words "and hours spent" between the words "Any other activities" and "not described above" in the sentence. Motion carried unanimously. 94/322 COUNTY ADMINISTRATOR The following agenda items were continued to the September 22, 1994 Board meeting: 1-1 Report a. Department Report 1-2 Appointment by the BOCC to the Health Council of South Florida, Inc. for the consumer category 1-3 Approval by the BOCC tor the long range program dealing with computer needs of the County 1-4 Approval of revised Capital Improvement Program 1-5 Approval to amend contract with Diamond Detective Agency for security services at Duck Key securi~y Di.~ric~ 1-6 Approval of contract with Public Pinancial Manage.ent, Inc, ~o provide financial .ervice. ~o Monroe Coun~y 1-7 Confiraa~ion of the Adminis~ra~or'. .elec~ion for the posi~ion of Direc~or of the Office of Manag..en~ and Budge~ I-a Approval of a special BOCC .ee~ing in Noveaber 1994 1>>UBLIC JlBDDfGa Coun~y Administrator, James Roberts made a presentation of the Tentative Budget for Fiscal Year 1994/95 Budget. * * * * * DIaDIC'! 11 r.ona UD IIIDDD En8 no UD AllBULUCB DI8DIC'J! .QUI) 01' caovu.ou The Board of Governors of District 11 Lower and Middle Key. Fire and Allbulance District convened. Pr_en~ and answering to roll call were Mayor SaJlUel Feiner, co_issioner sbirley PreellaD, CO..t..ioner Hal Halenaa, Mayor Jack London, and Olainaan Earl Cheal. Acting Office of Jlanag~t and BudCJe~ Director, Eva '4/323 Limbert, announced the tentative millage rate and the percentage by which it exceeds the rollback rate. There was no public input. The Board of Governors discussed the Tentative Budget. Consultant of the Volunteer Fire Rescue Services, Art French, addressed the Board. Motion was made by Mayor London and seconded by Commissioner Halenza granting approval ot $70,000.00 tor the Length ot Service Award Program tor the Fire and Ambulance District. Roll call vote was taken with the tOllowing results: Mayor Feiner Yes Commissioner Freeman Yes Commissioner Halenza Yes Mayor London Yes Chairman Cheal No Motion carried. Motion was made by Mayor Feiner and seconded by Comaission.r Halenza adopting the tollowing Resolution concerning the tinal millage rate and public announcement ot the percentage by which it exceed the rollback rate. Motion carried unanimously. ..80L~IOR RO. 280-1"4 See Res. Book No. 123 which is incorporated herein by reterence. Motion was made by Mayor Feiner and seconded by Co..issioner Halenza adopting the tollowing Resolution adopting the tinal budget. Motion carried unanimously. ..80L~IOR 80. 281-1"4 See Res. Book No. 123 which is incorporated herein by reterence. There being no turther business, the meeting ot the Board ot Governors ot District 11 Lower and Middle Xeys Pire and Ambulance District adjourned. * * . . * * * The Board ot County Commissioners reconvened with all co..issioners present. Environaental Manag..ent Director, Barry Boldissar, addressed the Board concerning the tinal solid waste collection, disposal and recycling rates tor coaaercial waste generators tor Fiscal Year 1995 and the tinal residential solid vas collection, 94/324 disposal and recycling rates for Fiscal Year 1995. Bob Ernst, addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey authorizing staff to develop a plan where unit pricing can be implemented and bring back to the Board. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting approval of the following: Adoption of the following Resolution to adopt the final solid waste collection, disposal and recycling rates for commercial waste generators for Fiscal Year 1995. ..SOLUTIO. .0. 282-1994 See Res. Book No. 123 which is incorporated herein by reference. Adoption of the following Resolution to adopt the final residential solid waste collection, disposal and recycling rates for Piscal Year 1995. ..SOLUTIO. .0. 283-1994 See Res. Book No. 123 which is incorporated herein by reference. Motion carried unanimously. Acting Office of Management and Budget Director, Eva Limbert, announced the tentative millage rate and the percentage by which it exceeds the rollback rate. The following individuals addressed the Board: Bob Ernst, Keith Douglas, and Bettye Chaplin. The Board discussed the Medical Examiner's budget. Medical Examiner Robert J. Nelms, M.D., addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to reduce the Medic~l Examiner's budget in the amount of $42,006.00. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Co..issioner Reich Yes Mayor London Yes Motion carried. Mayor London discussed the use of cellular telephones 94/325 and additional court costs. Court Administrator, Theresa Westerfield addressed the Board concerning an additional court position. Motion was made by Commissioner Harvey and seconded by commissioner Reich to reduce the Judiciary's budget in the amount of $17,822.00. Motion carried unanimously. Public Safety Director, Reggie paros discussed the Key Largo Ambulance District. Motion was made by Commissioner Cheal and seconded by Mayor London directing the County Administrator to review the Volunteer Ambulance program to determine if there are any alternative programs that can reduce the cost of providing ambulance services to those areas. Roll call vote was unanimous. Growth Management Director, Bob Herman, addressed the Board concerning the Building Department. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey authorizing the Building Department to increase two inspectors and undergo a cross-training program without any impact to Ad Valorem Taxes. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London No Motion carried. Motion was made by Commissioner Cheal and seconded by co.-issioner Freeman authorizing an additional Code Enforcement Inspector position, not funded, and allow the County Administrator to identify the adequate funding source later in the year. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London No Motion carried. Veteran's Affairs Director, Charles Ingraham discussed the Veteran's Affairs Division. Public safety Director, Reggie paros discussed a Fire Inspector position. 94/326 Motion was made by Commissioner Cheal and seconded by Commissioner Freeman authorizing an additional Fire Inspector position, not funded, and allow the County Administrator to identify the adequate funding source later in the year. Roll call vote was taken with the fOllowing results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London No Motion carried. Public Safety Director, Reggie Paros and Fire Marshall Joe London addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner ReiCh that the Board recognize that the Monroe County Pine Arts Council promotes tourism by permitting tourist oriented cultural events such as visual and performing arts. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner ReiCh Yes Mayor London No Motion carried. Motion was made by Commissioner Cheal that the Ad Valorem budget for the Pine Arts Council be reduced by $24,000.00 and the Tourist Development Council tax be used to fund Monroe County Pine Arts Council in the amount of $66,000.00 to promote tourism. Motion died for lack of a second. Public Works Director, Dent pierce discussed the use of utilities in Monroe County buildings. Motion was made by Commissioner ReiCh and seconded by Commissioner Freeman to conceptually approve the bud~eta for piscal Year 1994/95 as amended, subject to the recalculation and presentation of the formal millage and budget resolutions. Roll call vote was taken with the following results: co..issioner Cheal No Co.ais.ioner Preeaan Yea co.ai..ioner Harvey Yes eo.aissioner Reich Yes Mayor London No '4'327 Motion carried. The Board adjourned for the recalculation of the budget and millage rates. Acting Office of Management' Budget Director, Eva Limbert announced the re-computation of the millage rate and budget. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution adopting the final millage ~.ate and public announcement of the percentage by which it exceed the rollback rate. Roll call vote was taJcen with the following results: .BSOL1J'lIO. .0. 284-1"4 See Rea. Book No. 123 which is incorporated herein by reterence. Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. Motion was made by Commissioner Reich and seconded by Co_issioner Freeman to adopt the tOllowing ReSOlution adopting the tinal budget tor Piscal Year 1995. Roll call vote was taken with th. tollowing results: RBSOL1J'lIO. .0. 285-1".. See Res. Book No. 123 which is incorporated herein by reterenc.. Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. There being no turther business, the meeting was adjourned. ClerJc to the Board ot County co_issioners ot Monroe County A-u f!.~ Isabel C. DeSantis Deputy Clerk Ij! "'UiUi II If t IIIII I I' J 1~!001000 0 0 ;0 o. ! s .. - 2 c ,. II!IIIIIII! III II J I f 'I .. ........ p I I ~i~1 II 111111111 II III Ii ~I . p 'AI~I~ t I, p . I I', II~I!~ I ~i ~! ~ I !f~n fue ,;1=;; i = aA I e I I c;~ Itl!:::1 . i I;; II iI)lln . I ~= :i~~: f (~ I lit. ill!lliil I. Ii iili! - - J · f II B I If! I) -- ,111,,1',. . )' .. III JI I l"'JdIJ1.li 'lId J IIUII"III b, - ... - . .,. I I, -N".G.~.. ~ ; t:!:! ~ . Attachment B STAFF FtECOMMENDED RANKING OF PROPOSED ISTEA TRANSPORTATION ENHANCEMENT PROJECTS JULY 11,1994 Required Eligibility Recommended Requested ISTEA Funding County Status as of Ranking Project Description 2 ' Location Federal State Match 7/11/94 1 Plantation Key Pathway US 1,MM 67-90 $220,000 $27,500 $27,500 Ineligible 2 SR-4A Paved Path,Upper Mat. MM 80.25-83.75 210,000 26,250 26,250 Ineligible 3 Monroe County B9ce Rados County ems.countywide 22.000 2,750 2,750 Eligible 4 Knight's Key ReclPed Facility 7-mile bridge landing 480,000 120,000 0 Eligible w/conditions 5 Grassy Key Bike Path old SR 4A,MM 54.5-59.5 600,000 150,000 0 Eligible w/conditions 6 CR-905 Paved Path MM 106-Card Sound Rd. 480,000 60,000 60,000 Ineligible 7 Big Coppitt-bay Point Bike Path US 1,MM 11 -15 480,000 120,000 0 Eligible w/conditions 8 Bay Point-Sugarloaf Bike Path US 1,MM 15-16.5 220,000 55,000 0 Eligible w/conditions 9 Cudjoe Key Bike Path old SR 4A,MM 20.5-23 144,000 36,000 0 Eligible wrconditions 10 Billboard Removal-Boca Chita ' several signs.MM 6.1 -9.3 300,000 75,000 0 Eligible 11 Billboard Removal-Lower Mat. ' one sign,MM 74.5 20,000 5,000 0 Eligible 12 Landscaping-Lower Mat cumbe along path,MM 73.8-78 66,429 16,607 "' 0 Eligible 13 Big Pine Key Paved Path US 1,MM 31 -33 120,000 30,000 0 Ineligible 14 1 Mallory Signers Whitehead SL,Key Vilest 1288,000 158,500 0 Eligible w/conditions TOTALS 4,630,429 882,607 116,500 Notes: 'These projects were proposed in 1993,but were not funded by FOOT for FY 94/95. 2 The remaining projects are newly proposed for FY 95/96 funding. 3 The projects proposed in 1993,and scheduled by FOOT for FY 94/95 are NOT INCLUDED in this ranking. 'The Lower Matecumbe Key Association has committed to a$2,500 match for this landscaping profect. (. 0 0 ) L. i __._. _ . _ . _j