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02/10/1993 Regular 93/63 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, February 10, 1993 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 9 : 00 a.m. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Shirley Freeman, Commissioner Wilhelmina Harvey, Commissioner Mary Kay Reich, and Mayor Jack London. Also present were Danny Kolhage, Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and (� the general public. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to approve Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. COUNTY ADMINISTRATOR County Administrator Tom Brown and Martin Firestone addressed the Board concerning the approval of addendum to TCI Cablevision of Florida, Inc. Franchise Renewal Agreement and execution of the Agreement. Motion was made by Commissioner Harvey and seconded by Commissioner Reich granting approval and authorized execution of an addendum to TCI Cablevision of Florida, Inc. Franchise Renewal Agreement. Roll call vote was unanimous. Motion was made by Commissioner Harvey and seconded by r- Commissioner Cheal for approval of compensation to Martin E. Firestone for professional cable franchise consulting services in the amount of $49,723 . 50. Roll call vote was unanimous. 93/64 BULK APPROVALS Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the following items by unanimous consent: Board adopted the following Resolution authorizing the execution of a Supplemental Joint Participation Agreement between Monroe County and Florida Department of Transportation regarding the construction of a sewage treatment plant for the Marathon Airport in the amount of $43, 000. 00. RESOLUTION NO. 056-1993 See Res. Book No. 113 which is incorporated herein by reference. Board granted approval to purchase a $1, 000, 000. 00 Windstorm Insurance policy from the Florida Windstorm Underwriting Association, for the Card Sound Bridge Facility, at an annual premium of $39,957.00. Board adopted the following Resolution authorizing a Supplemental Joint Participation Agreement between Monroe County and Florida Department of Transportation regarding the construction/renovation of the Federal Inspection Station (FIS) facility at Key West International Airport in the amount of $150, 000. 00. RESOLUTION NO. 057-1993 See Res. Book No. 113 which is incorporated herein by reference. Board granted approval to award the bid to Ohmeda for the purchase of an anesthesia machine in the amount of $85,272 . 30. Board approved and authorized execution of an agreement between Monroe County and South Florida Employment and Training Consortium. Board granted approval to remove the following property from the Marathon Airport inventory: Item #240000-027 Airport Beacon Item #240000-037 Whirlpool Air-conditioner Board granted approval of execution of Assignment of Lease of an aircraft T-hangar at Key West International Airport t� from Patrick J. Ogden, Jr. , to Peter Norquoy. 93/65 Lam` Board approved and authorized execution of Agreement between Monroe County and Gerald Abreu, Sr. , Resident, and Gerald Abreu, Jr. , Responsible Party, for admission to Bayshore Manor. Board approved and authorized execution of Agreement between Monroe County and Grace A. Sparks, Resident, and Richard A. Heyman, Responsible Party, for admission to Bayshore Manor. Board approved and authorized execution of Short Term Residential Agreement between Monroe County and Dorothy Magnuson, Resident, and Brad Graske, Responsible Party, for admission to Bayshore Manor. Board approved and authorized execution of Short Term Residential Agreement between Monroe County and Clarence Magnuson, Resident, and Brad Graske, Responsible Party, for admission to Bayshore Manor. Board adopted the following Resolution releasing the Covenant of Unity of Title for Lots 35 and 36, Block 1, Yacht Club Island, Duck Key. RESOLUTION NO. 058-1993 See Res. Book No. 113 which is incorporated herein by reference. Board approved and authorized execution of an Agency Contract with Ocean Reef Community Association for sale of commuter tickets for Card Sound Road and Toll-Bridge. Board adopted the following Resolution setting date, time and place for public hearing concerning proposed abandonment of a 10 foot wide alley running through Block 3, from Georgia Avenue to Missouri Avenue (a/k/a Marine Avenue) , Tavernier Subdivision, Key Largo. RESOLUTION NO. 059-1993 See Res. Book No. 113 which is incorporated herein by reference. Board granted approval to award bid and authorized execution to enter into a contract with Plantation Construction for the Plantation Key Courthouse Secured Walkway Project in the amount of $29,000. 00. Board granted approval to purchase two 12-inch disc- style wood chippers from Smith Roberts Contracting Equipment, Inc. , in the total amount of $31, 800. 00. Board approved and authorized execution of Change Order #1 to Warren Electric Contract for the FIS renovation project increasing the amount of the contract by $1, 325. 00. Board approved and authorized execution of Change Order 93/66 #1 to Lower Matecumbe Roads I, adding 136 days to the contract, and reducing contract amount by $2,595. 60. Board approved and authorized execution of Change Order #2 to the Key West Road I Roadway Improvement Project (Bertha Street) , decreasing the contract amount by $875.80, and authorizing the Mayor to execute same. Board granted approval to install two street lights on Old U.S. #1 in Islamorada. Board granted approval of Change Order #2 to the contract with Mowrey Elevator Service, Inc. , for the replacement of the existing elevator at the Monroe County Courthouse Annex, reducing the total contract price by $2,500. 00. Board adopted the following Resolution authorizing a Supplemental Joint Participation Agreement between Monroe County and the Florida Department of Transportation regarding the construction of auto parking facilities at Key West International Airport. RESOLUTION NO. 060-1993 See Res. Book No. 113 which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 061-1993 See Res. Book No. 113 which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds for Fiscal Year 1993 . RESOLUTION NO. 062-1993 See Res. Book No. 113 which is incorporated herein by reference. Board adopted the following Resolution to Rescind Resolution #563-1992 concerning the Key West International Airport Lot Project. RESOLUTION NO. 063-1993 See Res. Book No. 113 which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 064-1993 See Res. Book No. 113 which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds for Fiscal Year 1993 . REVISED 93/67 RESOLUTION NO. 065-1993 Board approved and authorized execution for Mayor to submit two Applications for Low Power TV Translator Station Licenses for TV Translator Channels 47 and 57, West Summerland Key, Florida. Board granted approval to remove the following property from Key Largo Volunteer Ambulance Corps inventory: 1426-4 Motorola Radio 1426-10 Minitor Pager 1426-13 Minitor Pager 1426-46 Portable Radio 1426-79 Minitor Pager 1426-80 Minitor Pager Board granted approval to waive requirements and delete the form PRO2 (Professional Liability) from the Contract Agreement by and between Monroe County and Aids Help, Inc. Board granted approval and authorized execution of contract between Monroe County and Upper Keys Youth Association for $3, 000. 00. Board adopted the following Resolution rescinding Resolution No. 587-1992 . RESOLUTION NO. 066-1993 See Res. Book No. 113 which is incorporated herein by reference. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 067-1993 RESOLUTION NO. 068-1993 RESOLUTION NO. 069-1993 RESOLUTION NO. 070-1993 RESOLUTION NO. 071-1993 RESOLUTION NO. 072-1993 RESOLUTION NO. 073-1993 RESOLUTION NO. 074-1993 See Res. Book No. 113 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 605-1992 concerning the Transfer of Funds. RESOLUTION NO. 075-1993 See Res. Book No. 113 which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds. 93/68 RESOLUTION NO. 076-1993 See Res. Book No. 113 which is incorporated herein by reference. Board authorized Senior Community Service Employment Program (SCSEP) , Budget Modification for 1992/93 Fiscal Year with the National Council on the Aging, Inc. , to increase employee wages and fringes, for a total increase of $16,400. 00. Board approved and authorized execution of Change Order #4 with D.L. Porter Construction, Inc. , concerning the Key West Branch Library project in the amount of $3,400. 00. Board granted approval to award surplus property from the 1/27/93 bid opening to the highest, willing bidder, and the following remaining item, be removed from inventory: 1440-17 Max Powell $202 . 00 1440-18 Carol Ann Smith $ 75. 00 1440-19 Jerome Baker $ 15.40 1440-20 1440-32 Items 1140-17 thru 1140-70 1440-33 for the above bidders 1440-49 WK73740 1440-50 WK73740 1440-55A 1440-58A 1440-69 1440-70 1803-363 Remove From Inventory Board granted award of bid and approval to negotiate a contract with Diamond Detective Agency for Security Services for Duck Key Security District. Board granted approval to advertise for bids for Phase II of Bay Point Park. Board granted approval to advertise for Harry Harris Park Improvements. Board granted approval to advertise for sealed bids for Maintenance of Monroe County T.V. Translator installations. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Bill and Ashlin Lovelace - 445 square foot garage below base flood elevation for parking only, on property located at Lot 16, Block 17, Cudjoe Gardens, Sixth Addition, Zoned IA, REVISED 93/69 Coastal Flood Zone AE 10 ' , Panel 1492F. Board approved payment of refund in the amount of $790. 00 to Shuckers of Key Largo, inasmuch as the applicant has withdrawn their application. Board approved and authorized for the Mayor to execute a letter supporting the extension of the Certificate of Need for Mariners Hospital. Board adopted the following Resolution correcting Resolution No. 597-1992 , concerning the Appeal of Key Largo Associates, Inc. , due to a Scrivener's error. RESOLUTION NO. 077-1993 See Res. Book No. 113 which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 078-1993 See Res. Book No. 113 which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 079-1993 See Res. Book No. 113 which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds for Fiscal Year 1993 . RESOLUTION NO. 080-1993 See Res. Book No. 113 which is incorporated herein by reference. The following Resolution was assigned in error. There * will be no Resolution No. 081-1993 on record. RESOLUTION NO. 081-1993 Board granted approval of Amended Contract between Monroe County and the Domestic Abuse Shelter for $20, 000. 00. Board granted approval and authorized execution of a Lease Agreement renewing space for the Public Defender's Offices in Plantation Key in the amount of $14, 400. 00. SHERIFF'S DEPARTMENT Board granted approval for a request for the following 93/70 expenditures from the Law Enforcement Trust Fund: $ 2,400. 00 - A contribution to the Florida Keys Youth Club, Inc. , in order to send thirty students, nine adult chaperons and possibly one or more DARE Officers to a statewide Drug Prevention Conference. $ 300. 00 - To purchase a miniature infrared illuminator designed to enhance night vision devices, and the operation of low light video recorders. $ 12,000. 00 - To purchase a used Winnebago camper which will be outfitted primarily as a mobile crime scene unit. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Board granted approval of Change Order No. 06-001-001 to Contract RS-001 with H. Angelo & Company, for the Public Record Storage Building, to increase their contract in the amount of $2,955.01 with no additional days. Board granted approval of Change Order No. 01-008-007, post bid addenda through #9 with J.F. Hoff Electric Contract No. KJ-008 for the New Detention Facility, in e increased amount of $48, 922 .76. Board granted approval of Deductive Change Order No. 01-008-006 to Contract No. KJ-008 with J.F. Hoff Electric, and authorized to have Monroe County direct purchase the Uninterruptible Power Supply (UPS) Unit, in the decreased amount of $36, 380. 00, with no additional days for the New Detention Facility. Board granted approval of the revised values for Davidson of Florida, Inc. , Contract KJ-023, for the New Detention Facility. DIVISION OF PUBLIC WORKS Board granted approval for Mayor to execute a Local Government Cooperative Assistance Program Joint Participation Agreement between Florida Department of Transportation and Monroe County for the reconstruction of Card Sound Road. 93/71 Board granted approval for the Mayor and County Clerk to execute .a Memorandum of Agreement between Florida Department of Transportation and Monroe County regarding a Local Government Cooperative Assistance Program for the reconstruction of Card Sound Road. TOURIST DEVELOPMENT COUNCIL Board granted approval of TDC expenditures in the amount of $536,737.49 - Input date 1/19/93 . Board granted approval of TDC expenditures in the amount of $133, 603 . 04 - Input date 01/19/93 . Board granted approval of TDC expenditures in the amount of $223,941. 07 - Input date 01/19/93 . Board granted approval of DAC I allocation in an amount not to exceed $30, 000. 00 for the production and printing of 100, 000 copies of the Conch Republic Passport. $15, 000. 00 allocated from Advertising Reserves, Fiscal Year 1993, and $15, 000. 00 provided by American Express. Board granted approval of a DAC IV allocation in an amount not to exceed $8, 000. 00 from Advertising Reserves, Fiscal Year 1993, to reorder and re-edit the Islamorada video, the work to be done by the original producer of the video (a sole source provider) . Board granted approval of DAC IV allocation in an amount not to exceed $21, 200. 00 from Advertising Reserves, Fiscal Year 1993 , to Sportfishing Adventures for creation of an Islamorada Fishing Show to be televised nationally, on cable. Board granted approval of a DAC V transfer of $20, 000. 00, set aside for small properties advertising, to the Advertising Contingency Fund. Board granted approval to modify TDC Policies and Procedures, to allow for hand towels as an acceptable expenditure. Board granted approval of the reimbursement to K.A.M. , Inc. , in the amount of $453 .92 for telephone service. Board granted approval to accept the proposal from Prompt Courier Service, to provide courier services at $175.00 per month for the Administrative Offices. 93/72 Board granted approval of payment for video services in the amount of $1,250. 00 provided by Ralph Budd regarding Keys' relief efforts following Hurricane Andrew. Board granted approval to advertise a Request for Proposal for Telemarketing Services for the Monroe County Tourist Development Council. Board granted approval to advertise a Request for Proposal for National Major Events for the Monroe County Tourist Development Council. Board granted approval to advertise a Request for Proposal for Local Major Events for the Monroe County Tourist Development Council. Board approved and authorized execution of a Major Local Events Agreement with Association for Tourism Development, for Fantasy Fest 1993 , in an amount not to exceed $110, 000.00. Board granted approval of an Addendum to the Agreement with 3406 North Roosevelt Boulevard Corporation, allowing for the Corporation to have sole authority for personnel decisions. COMMISSIONER'S ITEMS Board adopted the following Resolution urging the continued appropriation of funding for Preservation 2000. RESOLUTION NO. 82-1993 See Res. Book No. 113 which is incorporated herein by reference. Board granted approval requesting Florida Department of Transportation to reconsider lack of "U-Turns" on Stock Island Key, particularly where businesses are handicapped with lack of potential business from southbound customers travelling into Key West on U. S. Board approved the appointment of Richard Nelson to the Code Enforcement Board. Board granted approval for St. Judes Hospital to use the last 1/2 mile of Key Deer Boulevard on March 3, 1993, from 8: 00 A.M. to 12 : 00 P.M. , for a bike-a-thon and request for a fee waiver. , 93/73 COUNTY ADMINISTRATOR Board approved payment of the following invoices/bills: 1. Rosenman & Colin, in the amount of $943 .34 - for legal services concerning Monroe County Translator for the month of December 1992 . 2 . Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. in the amount of $809.15 - for legal services for Monroe County personnel matters for the month of January 1993 . 3 . Lopez Funeral Home, in the amount of $450. 00, for professional services re: Pauper Burial. 4 . Martin-Vegue Funeral Home, in the amount of $485. 00, for professional services re: Pauper Burial. 5. Martin-Vegue Funeral Home, in the amount of $485. 00, for professional services re: Pauper Burial. 6. General Asphalt Co. , Inc. - Roadway Improvements for Lower Matecumbe Roads I (Final Payment) , in the amount of $14, 303 . 02 . 7. International Marine Research, Inc. - Wastewater Treatment Demonstration Project, in the amount of $7, 749.99. 8 . Brewer Co. of Florida, Inc. - Roadway Improvements for Key West Roads I - Bertha Street (Final Payment) , in the amount of $29, 144 .72 . 9. Mowrey Elevator Company, Inc. - Elevator Replacement for the Courthouse Annex (Final Payment) , in the amount of $7, 443.70. COUNTY CLERK Board approved the following Warrants: WORKERS COMPENSATION FUND (501) , #3955-#3960, in the amount of $70, 149.47. 93/74 UPPER KEYS TRAUMA DISTRICT (144) , #155-#157, in the amount of $134,716.25. TRANSLATOR FUND (142) , #391-#393, in the amount of $13 ,596. 67. TOURIST DEVELOPMENT COUNCIL (107-111, 116-121) , #802- #804, in the amount of $543, 234 . 52 . SUPPLEMENT TO GENERAL REVENUE FUND (001) , #452-#454, in the amount of $28, 601. 13 . FL TRUST FUND (600, 601) , #1034-#1-35, in the amount of $4,865. 00. SALES TAX BOND ANTICIPATION NOTE (305) , #118-#121, in the amount of $1, 148,166.95. ROAD AND BRIDGE (102) , #744-#746, in the amount of $113, 309 .87. RISK MANAGEMENT FUND (503) , #214-#216, in the amount of $28, 608. 69. PLANNING,BUILDING, &CODE ENFORCEMENT/ PARKS & BEACHES UNINCORPORATED (148, 147) , #421-#424, in the amount of $230,023 . 13 . MSD TAXING DISTRICTS (145, 146, 141) , #708-#712, in the amount of $437, 529.71. MSD TAX DISTRICTS (414) , #1678-#1680, in the amount of $1,019, 082 .86. MSD PLEDGED FUNDS (414) , #304-#306, in the amount of $1, 117, 227, 37 . MSD ACQUISITION FUND (415) , #18, in the amount of $7,784. 00. LAW LIBRARY FUND (103) , #391-#392, in the amount of $1, 102.05. MONROE COUNTY GROUP INS FUND (502) , #555-#559, in the amount of $706, 670. 19. GENERAL REVENUE FUND (001) , #185489-#186671, in the amount of $6, 524, 644, 56. FINE & FORFEITURE FUND (101) , #1319-#1322, in the ( amount of $59, 457. 00. 93/75 FAIR SHARE IMPROVEMENT TRUST FUND (130-134) , #118-#119, in the amount of $86. 34. CARD SOUND BRIDGE FUND (401) , #458-#461, in the amount of $17, 196. 64. CAPITAL PROJECTS FUND (301) , #598-#603, in the amount of $754, 954 . 37. AIRPORT OPERATION & MAINTENANCE FUND (004) , #771-#774, in the amount of $65, 001. 38 . RENTAL REHABILITATION PROGRAM #80, in the amount of $558. 38. VENETIAN SHORES SPEC RD DIST (149) , #0029-#0030, in the amount of $2,760.97. MARINERS HOSPITAL SPEC TAX (715) , #067-#068, in the amount of $283 .41. FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guillermo D. Marcovici, Ph.D. , in the amount of $300. 00; Guidance Clinic of the Middle Keys, in the amount of $300. 00; Tanju T. Mishara, Ph.D. , in the amount of $250. 00; Care Center for Mental Health, in the amount of $250. 00. COURT-APPOINTED ATTORNEYS, Maria Betancourt, in the amount of $2,902 . 50; Candida Cobb, in the amount of $5, 630. 00; John Rotolo, in the amount of $350. 00; Jason Smith, in the amount of $350. 00 Stephen Isherwood, in the amount of $660. 00; Donald Yates, in the amount of $2, 948. 00; Tegan Slaton, in the amount of $700. 00; William Kuypers, in the amount of $3, 540. 00; Timothy N. Thomes, in the amount of $1, 926. 01; Charles Everett, in the amount of $2,500. 00; Roberta S, Fine, in the amount of $350. 00; Thornton McDaniel, in the amount of $250. 00; Erol Vurol, in the amount of $741. 67. OTHER EXPENSES, Witness Lodging, in the amount of $381.73; Louis Spallone, Clerk, in the amount of $250. 00. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $2, 321.25; Kathleen Fegers, in the amount of 93/76 $1,533 . 50; Florida Keys Reporting, in the amount of $2 ,279. 00; Amy Landry, in the amount of $1, 369 . 00; Nancy Maleske, in the amount of $18. 00; Lisa Roeser, in the amount of $1, 361. 25; National Reporting Service, in the amount of $266. 00; Pioneer Court Reporting, in the amount of $275. 00; Broward Reporting Service, in the amount of $267 .70; J R Reporting Associates, Inc. , in the amount of $103 . 40; Tara Martin, in the amount of $1,787. 00; Hatin Court Reporting, in the amount of $114. 00. COURT INTERPRETER SERVICES, Eva Carbone, in the amount of $160. 00; Jose Menendez, in the amount of $65. 00; William Waddel, in the amount of $80. 00; Marie Penot, in the amount of $60. 00; Margarita Opperman, in the amount of $210. 00; Sara O'Neil, in the amount of $25. 00; Susan Tellez, in the amount of $350. 00; Fermin Pastrana, in the amount of $45. 00; F. Samaha, in the amount of $25. 00. TRAVEL EXPENSE, Witness Travel, in the amount of $409. 00. EXPERT WITNESS, Deborah Harrison, in the amount of $950. 00; David Nathanson, in the amount of $375. 00. REGULAR WITNESS FEES, in the amount of $178. 60. Motion carried unanimously. MISCELLANEOUS BULK Motion was made by Commissioner Cheal to authorize the purchase of plaques for the New Detention Facility in the Marathon Government Center identifying the facilities with dates but omitting any names. Motion died for lack of a second. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey approving the wording and purchase of two plaques, one for the Monroe County Detention Facility, and one for the Marathon Government Center, in an approximate amount of $750. 00 each. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London Yes Motion carried. 93/77 Motion was made by Commissioner Harvey and seconded by Commissioner Freeman for approval of a Consulting Agreement with Henry Naubereit as Communications Consultant, at a salary of $25,200. 00, for one year, and approval to waive indemnification hold harmless, general liability, professional liability, and vehicle liability insurance requirements, with the provision that within six months of the term of this contract, the Board will publicly seek qualifications for the service. Roll call vote was unanimous. Motion was made by Commissioner Freeman and seconded by Mayor London to reconsider the request for the Mayor to execute a letter supporting the extension of the Certificate of Need for Mariners Hospital. Motion carried unanimously. After further discussion, motion was made by Mayor London and seconded by Commissioner Cheal to approve the request for the Mayor to execute a letter supporting the extension of the Certificate of Need for Mariners Hospital. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting approval to accept donation from the Key West Friends of the Library in the amount of $43 ,408.89 for furniture & fixtures and granted approval to purchase same, ( from R. George & Associates. Motion carried unanimously. Motion was made by Mayor London and seconded by Commissioner Freeman granting approval and authorization for the execution of a Lease Agreement with Loma Alta Associates renewing space for the State Attorney's Offices in Marathon, in the amount of $19,800. 00. Motion carried unanimously. Environmental Management Director Barry Boldissar addressed the Board concerning item #5 #0976-29 of the inventory list. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to reconsider the award of the bid on item #0976-29, said item being a Crusher, pending further Staff review, and granted approval of the award of bid to the highest bidder for inventory #4102-157, and to readvertise for bids for sale of inventory #4102-145, #4102-143 and #4102-115, per Staff Recommendation. Motion carried unanimously. Board then discussed the Policy of allowing County Employees to bid on surplus property items. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Freeman directing the County Administrator to amend the Purchasing Policies and Procedures to prohibit County Employees from bidding on surplus Monroe County property. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes '.� 93/78 Commissioner Reich No Mayor London Yes Motion carried. MUNICIPAL SERVICE DISTRICT Environmental Management Director Barry Boldissar addressed the Board concerning his meeting with the Staff of the City of Key West concerning joint use of waste disposal facilities and also addressed the Board concerning the continued negotiation with franchisees, and closure plans for the Monroe County landfills. No official action was taken. DIVISION OF COMMUNITY SERVICES Community Services Director Peter Horton addressed the Board concerning funding and scheduling for the Marathon Terminal Complex, Key West International Airport Terminal Complex, and other airport improvements. Mr. Horton also discussed the Key West Library construction schedule and activities of the South Florida Employment Training Consortium, (SFETC) . No official action was taken. DIVISION OF MANAGEMENT SERVICES Motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting approval to purchase Meridian Option 21 Telephone System with associated equipment in the amount of $100, 000. 00 for the Marathon Government Center. Motion carried unanimously. DIVISION OF PUBLIC WORKS Director of Engineering Dave Koppel addressed the Board concerning a problem with a right-of-way at 42nd Street in Marathon. Mr. Koppel and Public Works Director Dent Pierce discussed the fact the court had ordered construction on Key Deer Boulevard to stop near the proposed sight of the Big Pine School. Mr. Koppel indicated that a permit application would be 93/79 submitted. The Board and Mr. Pierce also discussed the progress of the roadwork in Tropical Key Colony Subdivision. County Attorney Randy Ludacer advised that he had informed Mr. Pierce that the County was now the owner of the roads in the Subdivision and that their repair was eligible for use of gas tax funding. Mr. Pierce discussed pending negotiation with the Army Corps of Engineers regarding violations at the Marathon Courthouse parking lot expansion. Mr. Pierce addressed the Board concerning leasing a parcel of land between the Teen Center and the tennis courts on the east side of 33rd Street, Marathon, to the Monroe County School Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to approve the sub-leasing of this property to the School Board. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting approval to upgrade the doors at Key Largo Fire Station #2 for an amount not to exceed $17, 000. 00, and to waive Purchasing Policies for same, subject to approval of the necessary lease, and requesting all departments involved to expedite the process. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Community Services Director Peter Horton and Jane Burmer of Greiner, Inc. made a presentation concerning the Marathon Airport landscape buffer concept. Bob Ernst, Frank Greenman, Mike Houtte, and Mr. Kopp addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Reich directing the County Attorney to draft a Lease concerning a portion of the airport property at the western corner near the commercial area and bring back to the Board for consideration. Motion carried unanimously. COMMISSIONERS' ITEMS Larry Erskine, attorney for the Land Authority, addressed the Board concerning the Multi-Party Agreement with the Florida Land Trust concerning the proposed Coco Plum Beach Acquisition Project. Motion was made by Commissioner Cheal to request that the Confidentiality Agreement, associated with the Multi-Party Agreement be changed, by dropping the name of Paul Wick and adding the County Administrator. Motion died for lack of a second. Motion was made by Commissioner Reich and seconded 93/80 J. by Commissioner Harvey indicating that it is the Board's intention to keep the Confidentiality Agreement, deleting the name of Mr. Paul Wick and adding the name of Sheila DiSanto, Interim Director of the Land Authority. 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. Motion was made by Commissioner Cheal and seconded by Commissioner Reich indicating that it is the Board's intention to rescind the Multi-Party Agreement except for that portion allowing individuals included in the Confidentiality Agreement to see the appraisals and be privy to negotiations. Motion carried unanimously. Ms. Faga addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to delete Ms. Faga's property namly Lots 23 through Lots 32, Block 21, Coco Plum Beach from the proposed Coco Plum Acquisition Project. Roll call vote was unanimous. TOURIST DEVELOPMENT COUNCIL Mayor Samuel Feiner addressed the Board concerning approval to advertise a Request for Proposal for Marketing Director for the Monroe County Tourist Development Council. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval to advertise the Request for Proposal for Marketing Director for the Monroe County Tourist Development Council. Motion carried unanimously. Vice Chairman of the Tourist Development Council, Tim Greene addressed the Board concerning the re-evaluation of a contract extension with Tinsley Advertising. Motion was made by Commissioner Cheal and seconded by Mayor London directing TDC to develop a RFP to solicit proposals for the advertising contract. Roll call vote was unanimous. Mayor Samuel Feiner addressed the Board concerning approval to pay K.A.M. , Inc. , all amounts due for telephone service through January 19, 1993 , upon submission of documented invoices. Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting approval to pay K.A.M. , Inc. , all amounts due for telephone service through January 19, 1993, upon submission of documented invoices. Motion carried unanimously. Mayor Samuel Feiner addressed the Board concerning 93/81 approval to accept the proposal from Diversified Services for cleaning services within the Administrative Office at $304.00 per month. Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting approval to accept the proposal from Diversified Services for cleaning services within the Administrative Office at $304 . 00 per month, on a month-to-month basis only. Motion carried unanimously. COUNTY ATTORNEY County Attorney Randy Ludacer addressed the Board concerning the status of the case of Hemisphere Equity Realty and a favorable decision for the County in the Third District Court of Appeals; Department of Environmental Regulation vs. Monroe , County concerning airport mangroves; Schmitt vs. Monroe County concerning the plaintiff's demand for attorney's fees in which a ruling favorable to Monroe County had been entered; and a Negotiated Settlement with the Department of Revenue concerning the Sales Tax issue at Key West International Airport. Mr. Ludacer advised that the Department of Revenue had accepted a negotiated amount of $14, 000. 00 in taxes due at the Key West International Airport by virtue of the Agreements for taxi service, however, the balance of the claim in excess of $100, 000. 00, which dealt primarily with rental car agreements had been dropped. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the proposed Settlement Agreement with the Department of Revenue concerning the sales tax at Key West International Airport as described by Mr. Ludacer. Motion carried unanimously. Mr. Ludacer also advised that in the case of DeCarion vs. Monroe County, Monroe County had received a favorable ruling. Mr. Ludacer advised that a Judicial Advisory Committee was considering a proposal involving Public Defender case loads which would have cases in excess of established case load levels, referred to the County Attorneys of the various counties of the state. He indicated that he would continue to work in opposition to any such proposal. Mr. Ludacer advised that he had prepared a draft contract concerning the Channel 8 Proposal. Mr. Ludacer also indicated that his response to George Aladro's letter had been forwarded to each Commissioner. Mr. Ludacer also briefly discussed the provision of Florida Statutes 331. 15 concerning the regulation of taxis. MISCELLANEOUS Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting approval for the selection of 93/82 newspaper or newspapers to handle the delinquent tax advertisements for 1992 - as requested by Harry F. Knight, Tax Collector. Motion carried unanimously. COUNTY ADMINISTRATOR County Administrator Tom Brown and Tax Collector Harry F. Knight addressed the Board concerning receipt of an unsolicited letter of intent to purchase Truman School, authorization to publish notices calling for bids for the purchase of Truman School, and authorization to commission two market value appraisals of this property. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the Staff Recommendation, of publishing the notice of calling for bids for the purchase of the Truman School property and acquire two fair market value appraisals. Roll call vote was unanimous. COUNTY ATTORNEY County Attorney Randy Ludacer addressed the Board concerning his letter dated February 4, 1993, from him to South Miami Hospital regarding Barefoot Cay. Commissioner Cheal discussed the open position of Assistant County Attorney and the pending replacement of that position formerly held by Raul Aguilar. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman not to fill the open position of Assistant County Attorney at this time, subject to future evaluation. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich No Mayor London Yes Motion carried. COMMISSIONERS' ITEMS County Attorney Randy Ludacer addressed the Board 93/83 concerning the consideration to draft a Monroe County Ordinance authorizing Monroe County to administer a mangrove alteration program, draft a resolution to Florida Department of Natural Resources, and Department of Environmental Regulation, also a Memorandum of Understanding between DNR, DEVR and Board of Trustees of Internal Trust Fund. Motion was made by Commissioner Harvey and seconded by Mayor London directing the County Attorney to prepare his exceptions to the proposed ordinance and to mail them to Mr. Bill Roberts, Attorney in Tallahassee, Florida. Motion carried unanimously. Commissioner Reich discussed the following items: Approval of a Resolution providing that a newly elected County Commissioner may remove members of the Citizen Advisory Task Force Committee for Small Cities Community Development Block Grants appointed by the Commissioner's predecessor. Approval of a Resolution providing that a newly elected County Commissioner may remove members of the Port Authority Committee appointed by the Commissioner's predecessor. Approval of a Resolution providing that a newly elected County Commissioner may remove members of the Environment Committee and Transportation Committee appointed by the Commissioner's predecessor. Approval of a Resolution providing that a newly elected County Commissioner may remove members of the Open Cuba Advisory Committee appointed by the Commissioner's predecessor. Approval to advertise an Ordinance amending various Code Sections and County Ordinances concerning removal of appointees to various Committees and Advisory Boards. Approval to advertise an Ordinance amending Section 9.5-22 (d) (22) concerning removal of planning commission appointees. Motion was made by Commissioner Reich to approve the above mentioned items. Motion died for lack of a second. Commissioner Freeman discussed the approval of a Resolution requesting the State of Florida to identify funding sources to be appropriated to Monroe County for implementing the Dwelling Allocation Ordinance and the Comprehensive Plan and Land Development Regulations. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to adopt the following Resolution requesting the State of Florida to identify funding sources to be appropriated to Monroe County for implementing the Dwelling Allocation Ordinance and the Comprehensive Plan and Land Development Regulations. Roll call vote was unanimous. 93/84 RESOLUTION NO. 083-1993 See Res. Book No. 113 which is incorporated herein by reference. Commissioner Freeman discussed the orientation that she and Commissioner Reich had recently attended in Tallahassee. She indicated that program included health care items, the cost of courts and Article V costs, and solid waste matters. Commissioner Reich also discussed the development of regional groups for solid waste disposal and other issues. No official action was taken. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to adopt the following Resolution concerning indigent health care. Motion carried unanimously. , RESOLUTION NO. 083A-1993 See Res. Book No. 113 which is incorporated herein by reference. COUNTY ADMINISTRATOR County Administrator Tom Brown addressed the Board concerning the Key Largo Volunteer Ambulance Corps, Inc. , request for personnel reclassification. Mr. Brown recommended denial of the request. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to approve the recommendation of the County Administrator and deny the request. Motion carried unanimously. Mr. Brown advised that Board that the pending City/County Commissioner Meeting would include matters involving joint solid waste activities of the City of Key West and Monroe County. Board entered into discussion as to other items that could be placed on the agenda. Commissioner Cheal requested that the agenda include an item as to how the City of Key West and the County could work together on the proposed Channel 8 Project. Commissioner Cheal also asked that the County Administrator and the City of Key Manager report on those items previously referred to them for joint consideration and also selection of future items of concern. Commissioner Harvey asked that the possibility of a joint agency meetings be considered. Commissioner Reich asked that consideration for quarterly meetings between the County and City Commissioner be discussed. Mr. Brown also advised the Board that he would be giving a report concerning the Boot Key Bridge at the next meeting. There being no further business, the meeting was 93/85 adjourned. Clerk to the Board of County Commissioners of Monroe County SZAttitelC. 42/Ader,n,it:44 Deputy Clerk