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11/30/1993 Regular 93/518 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Tuesday, November 30, 1993 Key Largo A Regular Meeting of the Monroe County Board of County Commissioners convened at 9: 00 A.M. , on the above date, at the Key Largo Library. Present and answering to roll call were Commissioners, Shirley Freeman, Mary Kay Reich and Mayor London. Absent was Commissioner Harvey. Also present were Danny L. Kolhage, Clerk; Randy Ludacer, County Attorney; James Roberts, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve Additions, Deletions, and Corrections to the Agenda. Motion carried unanimously, with Commissioner Harvey not present. PRESENTATION OF AWARDS An Employee of the Month Award was presented to Adrian Fogelin, Library Services, Community Services Division, for the month of August, 1993 . Commissioner Freeman, on behalf of the Zonta Club of Key West, presented Mayor London with a Certificate of Appreciation for his assistance to Zonta during Breast Cancer Awareness Week. BULK APPROVALS Motion was made by Commissioner Reich and seconded by Commissioner Freeman to approve the following items by unanimous consent: Board granted approval to purchase a Crew Cab Dump 93/519 Truck, at state contract price, from the Atlantic Ford Truck Sales for the Road Department in the amount of $41,419 . 00. Board granted approval to advertise a Request for Qualifications for the construction of the Stock Island Computer Facility project to be located at the Public Service Building, Wing IV, Stock Island, and granted approval of the Selection Committee recommendation per Staff recommendation. Board granted authorization to pay an additional $27,524. 00, excess liability insurance premium, to the Florida League of Cities. Board granted approval of a Purchase Service Order for Greiner regarding preparation of Rates and Charges Study for the Key West and Marathon Airports. Board granted approval and authorized execution of a Contract between Monroe County and Upper Keys Marine Construction, Inc. , for clearing and grubbing at the Marathon Airport in the amount of $56, 262 . 00. Board granted approval and authorized execution of a Contract between Monroe County and Jaco Electric, Inc. , for airfield guidance signs and lighting at the Key West International and Marathon Airports in the amount of $135,984 . 00. Board granted approval and authorized execution of a Release of Interest Letter from Monroe County releasing County interest in vessel abandoned on County Property. Board granted approval and authorized execution of an Addendum to the Agreement between Monroe County and Frank Keevan and Son, Inc. , for an extension of time to complete Derelict Vessel Removal Phase II-1993 . Board granted permission to place before the Board of County Commissioners removal of a wheelchair lift formerly attached to a 1979 minibus which has been removed from inventory and to solicit bids for resale. Board granted approval of a settlement offer of a Code Enforcement Lien on the property of Michael Guty c/o Circle K. Corporation, CEB Case #L3-92-1001. Board granted approval and authorized execution of an Agreement for the maintenance of the garden at the Key West Library between Monroe County and The Rath Foundation, Inc. Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the State of Florida Department of Transportation Contract #A5127, 93/520 regarding the Marathon Terminal Construction, Phase I. Board granted approval and authorized execution of a Sign Lease between Monroe County and The Key Ambassador at the Key West International Airport. Board granted approval and authorized execution of a Display Lease between Monroe County and Rejoyce, Inc. at the Key West International Airport. Board granted approval and authorized execution of a Supplemental Joint Participation Agreement between Monroe County and the Florida Department of Transportation, Contract #A7520, for the Passenger Terminal Complex at the Marathon Airport. Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation, Contract #A7520, to construct a Sewage Treatment Plant along with additional Terminal Facility Projects for the Marathon Airport. Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation, Contract #AA7736, to maintain a clear zone at the Key West International Airport. Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation, Contract #A5124, to construct Auto Parking Facilities at the Key West International Airport. Board granted approval for Omega Sector, Inc. , to revise the dates for use and closure of State Road 4A to local traffic, on Sugarloaf Key, for filming between November 27 through December 23, 1993, for a 12 day period contingent upon previously approved conditions. Board granted approval to remove the following surplus property from the inventory of the Supervisor of Elections and advertise for bids: 0702-335 A Cardreader Compiler 0702-335 B Cardreader Compiler' 0702-335 C Cardreader Compiler 0702-335 D Cardreader Compiler 0702-335 E Cardreader Compiler 251 Data Vote ballot card punches Board granted approval to designate the Director of Environmental Management, or his appointed representative, as 93/521 Operation Coordinator for all matters relative to the Restated Monroe County Transfer Stations Operations and Maintenance Agreements. Board adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 505-1993 See Res. Book No. 119 which is incorporated herein by reference. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds, for Fiscal Year 1994. RESOLUTION NO. 506-1993 RESOLUTION NO. 507-1993 RESOLUTION NO. 508-1993 RESOLUTION NO. 509-1993 RESOLUTION NO. 510-1993 RESOLUTION NO. 511-1993 See Res. Book No. 119 which is incorporated herein by reference. Board granted approval to waive Purchasing Polices & Procedures and accept the recommendation of a proposal submitted and a purchase request by Purchasing Department for the purchase of five generators and to obtain two or more proposals for installation of generators, accepting lowest proposal. Board adopted the following Resolution denying the appeal of Si and Rebecca Stern and Dr. Barry Jacobs and upholding the Planning Director's decision to grant a noise variance to Omega Sector, Inc. RESOLUTION NO. 512-1993 See Res. Book No. 119 which is incorporated herein by reference. Board granted approval to advertise an Ordinance amending Section 2-1 (C) ; Providing authority for the County Administrator to execute Airport Sign Leases; Providing for severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. Board granted approval to execute and Amendment to Advance/Cost Reimbursement to the Older American Act, Contract #KG-351, reflecting an increase of $91, 062 . 00. Board approved acknowledgement of a $16, 000. 00 balance in an inventory account for office supplies, as of 09-30-93 , for the Purchasing Department. Board adopted the following Resolution amending Resolution No. 415-1993, concerning the Mosquito Control/Tire 93/522 Abatement Grant. RESOLUTION NO. 513-1993 See Res. Book No. 119 which is incorporated herein by reference. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds, Fiscal Year 1994. RESOLUTION NO. 514-1993 RESOLUTION NO. 515-1993 RESOLUTION NO. 516-1993 See Res. Book No. 119 which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds, Fiscal Year 1993 . RESOLUTION NO. 517-1993 See Res. Book No. 119 which is incorporated herein by reference. SHERIFF'S DEPARTMENT Board granted approval of acceptance of funds and expenditures from the Law Enforcement Trust Fund in the total amount of $17, 038.50, to purchase the following items: Mobile Traffic Radar System, known as "SMART", (Speed Monitoring Awareness Radar Trailer) system. $12, 925. 00 Lap Top Computer and Pocket Modem 4, 113 .50 Total 17, 038.50 CONSTRUCTION PROGRAM MANAGEMENT MK/G Board granted approval of MK/G revised budget. Board granted approval and authorized execution of Change Order No. 01-017-008, to D. L. Porter's Contract No. KJ- 017, Concrete, in the increased amount of $13,316. 00, for the New Detention Facility. Board granted approval and authorized execution of Change Order 01-027-002, to RJC & Associate's Contract No. KJ- 027, Carpentry, Flooring and Ceilings, for the New Detention Facility. Board granted approval and authorized execution of Change Order No. 01-021-003, to Wentworth Plastering' s Contract No. KJ-021, Gypsum Board, Lath and Plaster, and Change Order No. 93/523 01-016-004, to D. L. Porter Construction's Contract No. KJ-016, Masonry, for the New Detention Facility. Board granted approval of Schedule of Values for Page Building Systems Corporation, Contract No. FR-001, Fire Facilities Roof Repairs, for the Conch Key, Islamorada, Marathon and Tavernier Fire Stations. Board granted approval and authorized execution of Change Order No. 01-014-006, to National Detention Group's Contract No. KJ-014, Metals, Doors and Glazing, for the New Detention Facility. COUNTY ATTORNEY Board granted approval to advertise an Ordinance creating Section , Monroe County Code; Creating the Monroe County Telecommunications Authority; Providing procedures for the regulation of Cable Television Rates and the consideration and resolution of complaints with respect to the Cable Television Rates regulated by the County; Providing procedures for the review and resolution of complaints with respect to consumer services and protection provided by Cable Television Systems Operating within the County; Providing for severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. COMMISSIONERS' ITEMS Board granted approval to advertise in the Middle Keys newspapers seeking any proposals to sell 10 acres or larger parcels that could be considered for recreational area in Marathon. Board granted approval of the appointment of Dave Sanford to the Marine and Port Advisory Committee. FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Care Center for Mental Health, in the amount of $750. 00; Tanju Mishara, in the amount of $800. 00; Deborah Harrison, in the amount of $500. 00; Guillermo Marcovici, in the amount of $1,987.50; David Nathanson, in the amount of $300. 00; Guidance Clinic of the Middle Keys, in the amount of $730. 00. 93/524 COURT-APPOINTED ATTORNEYS, Angel Ruiz, in the amount of $420. 00; Candida Cobb, in the amount of $350. 00; Charles Milligan, in the amount of $350. 00; Cunningham, Albritton, Miller, in the amount of $292 . 00; Diana Curtis-Reif, in the amount of $903 . 00; Donald Yates, in the amount of $350. 00; Gerald Pletan, in the amount of $1,163 . 00; Jason Smith, in the amount of $2, 125. 00; Jeffrey Meyer, in the amount of $3, 373 . 00; Max Fischer, in the amount of $3 , 798 .50; Stephen Isherwood, in the amount of $1,200. 00. OTHER EXPENSES, Witness Lodging, in the amount of $168. 60; State of Florida, in the amount of $150. 15; State of Florida (Copies) , in the amount of $954.45. REGULAR WITNESS FEES, Witness Payroll, in the amount of $1, 267. 68 COURT REPORTER SERVICES, Amy Landry, in the amount of $2,500.75; Associated Court Reporters, in the amount of $4, 679.25; Atlantic Reporting Service, in the amount of $99. 00; Florida Keys Reporting, in the amount of $161. 25; Kathleen A. Fegers, in the amount of $1, 056. 00; Lisa Roeser, in the amount of $45. 00; Nancy Maleske, in the amount of $653 . 50; Tara Martin, in the amount of $132 .35 COURT INTERPRETER SERVICES, Basia Dziewanowski, in the amount of $50. 00; Christof Schawwecker, in the amount of $45. 00; Diego Rivera, in the amount of $30. 00; Eva Carbone, in the amount of $70. 00; Jenna Sprague, in the amount of $40. 00; Jose R. Menendez, in the amount of $70. 00; Jose M. Estevez, in the amount of $30. 00; Katarzyna Chroscik, in the amount of $50. 00; Maria Gonzalez, in the amount of $80. 00; Sara O'Neal, in the amount of $35. 00; Susan Tellez, in the amount of $80. 00; William G. Waddel, in the amount of $280. 00. TRAVEL EXPENSE, Witness Travel, in the amount of $1,892 . 32 EXPERT WITNESS, Dr. Richard Matthews, in the amount of $450. 00. EXTRADITION, in the amount of $3, 923 . 03 Board approved the following Warrants: WORKERS COMPENSATION FUND (501) , #4012-#4014, in the amount of $251, 391. 89 UPPER KEYS TRAUMA DISTRICT (144) , #197-#199, in the amount of $115,853 .77 TRANSLATOR FUND (142) , #451-#454, in the amount of 93/525 $80,206.91 TOURIST DEVELOPMENT COUNCIL (107-111, 116-121) , #851-#854, in the amount of $392,528. 63 SUPPLEMENT TO GENERAL REVENUE FUND (002) , #496-#498, in the amount of $104, 301.48 FL TRUST FUND (600,601) , #1057-1059, in the amount of $5,722 .78 SALES TAX BOND ANTICIPATION NOTE (305) , #162-#165, in the amount of $81,550.70 ROAD AND BRIDGE OPERATING (102) , #796-#798, in the amount of $405,627.49 RISK MANAGEMENT FUND (503) , #262-#264, in the amount of $133,483 .79 PLANNING,BUILDING,& CODE ENFORCEMENT/ PARKS & BEACHES UNINCORPORATED (148, 147) , #470-#472, in the amount of $218,414. 18 MSD TAXING DISTRICTS (145, 146, 141) , #761-#764, in the amount of $299, 358.88 MSD PLEDGED FUNDS (414) , #354-#356, in the amount of $999,410.92 LAW LIBRARY FUND (103) , #424-426, in the amount of $1,341. 69 MONROE COUNTY GROUP INS FUND (502) , #618-#623 , in the amount of $412,795.81 GENERAL REVENUE FUND (001) , #203791-#204638, in the amount of $7,259,505. 61 FINE & FORFEITURE FUND (101) , #1390-#1394, in the amount of $2 ,260, 130.29 FAIR SHARE IMPROVEMENT TRUST FUND (130-134) , #147-#149, in the amount of $18,846. 39 CARD SOUND BRIDGE FUND (401) , #512-#514, in the amount of $44,216.29 CAPITAL PROJECTS FUND (301) , #662-#666, in the amount of $362,565.96 AIRPORT OPERATION & MAINTENANCE FUND (004) , #851-#855, in the amount of $194,530. 36 93/526 MARINERS HOSPITAL SPEC TAX (715) , #079, in the amount of $8,914.25 MONROE COUNTY LOCAL HOUSING ASSIST. , #1001, in the amount of $27,508.59 COMMUNITY DEVELOPMENT BLOCK GRANT (100) , #0066, in the amount of $11,565.04 Motion carried unanimously, with Commissioner Harvey not present. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting authorization to execute an Addendum to Agreement between Monroe County and Dion Oil Company to renew existing fuel Contract for one year. Motion carried unanimously, with Commissioner Harvey not present. Community Services Director, Peter Horton, addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting authorization to execute a Purchase/Service Order between Monroe County and Greiner, Inc. , PSO #93/94-8 regarding sewer lateral connections at the Key West International Airport. Motion carried unanimously, with Commissioner Harvey not present. Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting authorization to execute an Agreement, as amended, between Monroe County and The Friends of the Monroe County Public Library in Key West, Florida, Inc. , for the installation of a garden at the Key West Library. Said amendment as follows: In the event of default of this Agreement by the Friends of the Monroe County Public Library in Key West, Florida, Inc. , Friends liability for said default shall be limited to remaining balance of any funds received or to be received from the Rath Foundation's donation. (delete last sentence of paragraph 3, and make the above a separate paragraph. ) Motion carried unanimously, with Commissioner Harvey not present. David Tackett and Mr. Pat Tierney, addressed the Board, concerning The Friends of the Library for the installation of a garden at the Monroe County Public Library in Key West, Florida. REVISION 93/527 i Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting authorization to execute a Sign Lease between Monroe County and Buggy Bus, Inc. , for space at the Key West International Airport. Motion carried unanimously, with Commissioner Harvey not present. Motion was made by Mayor London and seconded by Commissioner Cheal granting authorization to execute a Contract between Monroe County and the Atwood Chiropractic Life Center, Inc. , to implement a segment of the Pretrial Services Drug Diversion and Treatment Program. Motion carried unanimously, with Commissioner Harvey not present. DIVISION OF COMMUNITY SERVICES Community Services Director, Peter Horton, presented a Derelict Vessel Status Report. Mr. Horton also discussed Airways International discontinuing service at the Marathon Airport as of December 15, 1993 . DIVISION OF MANAGEMENT SERVICES County Administrator, James Roberts, addressed the Board concerning the following Agenda items: Agenda Item I-2 Approval to terminate Agreement with Life Center Foundation, Inc. , providing for alcohol and drug abuse treatment as specified in Contract #KH383 between Health and Rehabilitative Services and Monroe County, due to lack of performance. Agenda Item I-3 Approval, in concept, of developing an Agreement with the Guidance Clinic of the Middle Keys to provide the uncompleted Residential Level I services under Health and Rehabilitative Services Contract #KH383 , and approval to call a Special Meeting on December 15, 1993 , to consider the Agreement. Agenda Item I-4 Approval to terminate with Life Center Foundation, Inc. , providing services to homeless mentally ill persons as specified in Contract KH#441 between Health and Rehabilitative Services and Monroe County, due to lack of performance. 93/528 Agenda Item I-5 Approval in concept of developing an Agreement with the Care Center For Mental Health to provide the uncompleted services to the homeless mentally ill under Health and Rehabilitative Services Contract #KH441, and approval to call a Special Meeting on December 15, 1993, to consider the Agreement. Bill Irby, Executive Director of the Life Center Foundation, Inc. , addressed the Board concerning the items. After discussion, motion was made by Commissioner Cheal and seconded by Mayor London to approve Agenda items I-2 through I-5. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Absent Commissioner Reich No Mayor London Yes Motion carried. COUNTY ATTORNEY County Attorney, Randy Ludacer, discussed the Comerica Trust Company of Florida, N.A. , etc. vs. Monroe County, Florida and New Port Largo, Inc. , law suits. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to call a Special Meeting at 1: 00 P.M. at the next regularly scheduled Board Meeting at Key Colony Beach City Hall, in an attorney/client session, pursuant to the provisions of F.S. 286. 011, Part 8, to discuss the New Port Largo, Inc. , litigation. Motion carried unanimously, with Commissioner Harvey not present. Motion was made Commissioner Freeman and seconded by Commissioner Cheal to adopt the following Resolution to include the County Attorney in Senior Management Service Class. Motion carried unanimously, with Commissioner Harvey not present. RESOLUTION NO. 518-1993 See Res. Book No. 119 which is incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to delete any reference to a Special Meeting for Agenda items N-3 and N-5 concerning an attorney/client session to discuss the New Port Largo, Inc. , lawsuit. Motion 93/529 carried unanimously, with Commissioner Harvey not present. COMMISSIONERS' ITEMS Commissioner Cheal discussed the County Attorneys functions and the law firm of Morgan & Hendrick. Commissioner Cheal discussed adoption of a Resolution requesting the Monroe County School and the Florida Department of Education to develop a policy which would direct that all future new and expanded school facilities be designed and constructed to withstand a Category V Hurricane. Commissioner Cheal was delegated as a representative to the Monroe County School Board on this item. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution, as amended, directing all county government departments and operations to adopt integrated pest management practices for exterior landscapes and grounds and interior pest control. Said amendment as follows: Delete the words "but not later than , 1994. " and insert a period after the words "considering contractual obligations" at the end of the sentence in Section 1. RESOLUTION NO. 519-1993 See Res. Book No. 119 which is incorporated herein by reference. Motion carried unanimously, with Commissioner Harvey not present. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution which is in the best interests of the taxpayers of Monroe County to reduce the expenditure of taxes by housing State Agencies in State owned facilities at no additional cost to the County if space is available in a State building. Motion carried unanimously, with Commissioner Harvey not present. RESOLUTION NO. 520-1993 See Res. Book No. 119 which is incorporated herein by reference. Motion was made by Mayor London and seconded by Commissioner Freeman to adopt the following Resolution requesting renewal of a Lease from the Florida Department of Transportation of a parcel of land in Upper Matecumbe, Monroe County, which parcel is to be subleased to the Islamorada Chamber of Commerce for a period of thirty years. Motion carried unanimously, with Commissioner Harvey not present. RESOLUTION NO. 521-1993 93/530 See Res. Book No. 119 which is incorporated herein by reference. DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioners Hal Halenza, Jack London, Mary Kay Reich, and Chairman Earl Cheal. Absent was Commissioner James Feinhoff. Motion was made by Commissioner London and seconded by Commissioner Halenza granting approval for a Customer Support Agreement between Sweet Computer Services and Monroe County for Emergency Medical Services accounts receivable computer software support, for the period from December 9, 1993 through December 8, 1994, in the amount of $790. 00. Motion carried unanimously, with Commissioner Feinhoff not present. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * The Board of County Commissioners reconvened with all Commissioners present. COUNTY ADMINISTRATOR County Administrator, James Roberts, presented a report on the Administrator's review of management and administrative issues pertaining to the Upper Keys Trauma District. Mr. Roberts discussed a report and recommendations concerning the future Strategic Panning Process. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting approval of Staff recommendation of the Strategic Planning Process, with Commissioner Freeman being the Board representative on the Coordinating Committee, and for the County Administrator to adjust the schedule appropriately. Roll call vote was unanimous, with Commissioner Harvey not present. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal granting approval of the County Administrator's Memo dated November 1993, concerning the 1994 93/531 Board of County Commissioners Meetings and Agenda Deadlines (Alternate) . Betty Vail addressed the Board. Motion carried unanimously, with Commissioner Harvey not present. Motion was made by Commissioner Reich and seconded by Commissioner Cheal granting approval of the Land Development Regulation meeting dates of January 4 and 18, 1994, to be held at Key Colony Beach City Hall. Motion carried unanimously, with Commissioner Harvey not present. APPOINTMENTS Motion was made by Commissioner Freeman and seconded by Mayor London to nominating Commissioner Reich to the Alliance for Aging. Motion carried unanimously, with Commissioner Harvey not present. Motion was made by Mayor London and seconded by Commissioner Freeman nominating Commissioner Cheal as the Boards liaison to the South Florida Water Management District. Motion carried unanimously, with Commissioner Harvey not present. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal granting approval of the following 1994 Appointments of Commissioners to various duties: 1. Fine Arts Council - ex officio member a. Currently London - new Harvey 2 . * Jail Advisory Committee a. Currently London - new London 3 . * Jail Oversight Committee - a. Currently Cheal - new Cheal 4 . * Land Use Facilitator a. Currently Freeman - new London 5. Municipal Services Taxing District #1 (Fire and EMS) Board of Governors (On 12/19/90, BOCC Policy established that, according to Ordinance, two Commissioners from that district always serve, with the third appointment to be rotational among the remaining Commissioners) a. Cheal (from the District) b. London (from the District) c. Rotationally - currently Reich - new Freeman 93/532 6. Value Adjustment Board Current membership of Board will not change until work of current Board is completed. New Board will be in effect beginning in the fall of 1994. a. Currently - Freeman, Reich, Cheal - new Harvey, Freeman, Reich 7. South Florida Regional Planning Council a. Currently Cheal - new Freeman b. Currently Reich - new London 8. Voter Canvassing Board (Duties will begin with March Preferential Primary) Statutes require that the Chairman of the Board of County Commissioners serve. However, it is provided that if such cannot serve, is a candidate who has opposition in the election being canvassed, or is an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed, the Board of County Commissioners shall appoint a member who is not a candidate in the election being canvassed and who is not actively participating in a campaign for candidacy whose election is being canvassed. a. Currently Chairman of the Board of County Commissioners. That person will serve, in any event, for the March Preferential Primary. If that person is an opposed candidate in September, or has opposition in November, he cannot serve then. In the event that the Mayor cannot serve, rotationally the member would be Commissioner Reich. 9. South Florida Water Management District SFWMD currently does not have a representative from the BOCC. 10. Beach Advisory Board a. Currently Freeman - (Commissioner Freeman would like to continue as representative of the BOCC for the upcoming year) 11. Jail Dispute Review Board a. Currently Cheal - new Freeman b. Currently alternate Freeman - new London 93/533 12 . Tourist Development Council a. Currently London as Chairman of the BOCC - new London as Chairman of the BOCC ORGANIZATION FOR ROTATIONAL COMMISSIONER ATTENDANCE: 1. Library Advisory Board a. December - Freeman b. January - London c. February - Harvey d. March - Reich e. April - Cheal f. May - Freeman g. June - London h. July - Harvey i. August - Reich j . September - Cheal k. October - Freeman 1. November - London 2 . Older American Advisory Board a. December - Reich I ) b. January - Cheal c. February Freeman d. March - London e. April - Harvey f. May - Reich g. June - Cheal h. July - Freeman h. August - London i. September - Harvey j . October - Reich k. November - Cheal 1. December Motion carried unanimously, with Commissioner Harvey not present. CONSTRUCTION PROGRAM/ MANAGEMENT - MR/G Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting approval and authorizing execution of Change Order No. 01-017-009 to D. L. Porter's Contract No. KJ- 017, Concrete, in the increased amount of $3,400. 00, for the New Detention Facility. Motion carried unanimously, with Commissioner Harvey not present. The Board discussed MK/G's revised budget. Motion was made by Commissioner Cheal and seconded by 93/534 Commissioner Freeman granting approval and authorizing execution of Change Order No. 01-010-013 to Lake Plumbing, Inc. 's Contract No. KJ-010, Prime Plumbing, in the increased amount of $2,249. 00, for the New Detention Facility. Motion carried unanimously, with Commissioner Harvey not present. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting approval and authorizing execution of Change Order No. 01-018-004 to Big C Steel's Contract No. KJ- 018, Stairs and Miscellaneous Metals, in the increased amount of $2 ,765. 00, Change Order No. 01-010-014 to Lake Plumbing, Inc. 's Contract No. KJ-010, Prime Plumbing, in the increased amount of $2,564.00, and Change Order No. 01-010-015 to Lake Plumbing, Inc. 's Contract No. KJ-010, Prime Plumbing, in the increased amount of $6,636. 00, for the New Detention Facility. Motion carried unanimously, with Commissioner Harvey not present. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution renouncing and disclaiming any right of the County and the Public in and to a portion of Marlin Street, Edenaire Subdivision, Key Largo, Monroe County, Florida. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously, with Commissioner Harvey not present. RESOLUTION NO. 522-1993 See Res. Book No. 119 which is incorporated herein by reference. A Public Hearing was held concerning the adoption of a Resolution renouncing and disclaiming and right of the County and the Public in and to a portion of Osprey Drive, Sexton Cove Estates, Key Largo, Monroe County, Florida. There was no public input. Motion was made by Commissioner Cheal and seconded by Mayor London to adopt the following Resolution. Motion carried unanimously, with Commissioner Harvey not present. RESOLUTION NO. 523-1993 See Res. Book No. 119 which is incorporated herein by reference. The continuation of a Public Hearing was held concerning the adoption of an Ordinance creating Section 2 .4, Monroe County Code, in order to provide for definitions; Providing that a five percent preference for local business enterprises may be given by the County Commission in the award of Contracts for the purchase of goods, services, or construction of capital improvements, above the bid of the lowest nonvocal responsible bidder; Providing for exceptions; Providing for severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County 93/535 Code; and Providing an effective date. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to continue this item to the next regularly scheduled Board meeting on December 21, 1993 at the Key Colony Beach City Hall. Roll call vote was unanimous, with Commissioner Harvey not present. A Public Hearing was held concerning the adoption of an Ordinance amending Section 6-56, Monroe County Code, to provide a definition for supervision; Providing for severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County; and Providing an effective date. Motion was made by Commissioner Cheal and seconded by Mayor London to read by title only. County Attorney, Randy Ludacer, read by title only. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to adopt the following Ordinance. Roll call vote was unanimous, with Commissioner Harvey not present. ORDINANCE NO. 034-1993 See Ord. Book No. 31 which is incorporated herein by reference. A Public Hearing was held to consider the adoption of an Ordinance amending Ordinance No. 015-1992, which created the Mariners Health Care Special Taxing District, by amending Section 8 (6) (c) in order to authorize the Mayor to execute any documents needed to extinguish the Lease and Operating Agreement between the District and Mariners Hospital and by amending Section 8 (7) in order to terminate the District Tax and authorizing a refund of taxes paid if Mariners Hospital (Keys Hospital Foundation, In. ) enters into a Construction and Operating Agreement with South Miami Health Systems, Inc. ; Providing for severability; Providing for repel of all Ordinance inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date, and the alternate version of the ordinance concerning Mariners Hospital and Mariners Health Care Taxing District. The following individuals addressed the Board: J. Allison DeFoor, II, representing Mariners Hospital, Joan R. Mowery, CPA, Harold F. Heim, and Dagny Johnson. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to adopt the following Ordinance, (Alternate Version) . Roll call vote was unanimous, with Commissioner Harvey not present. ORDINANCE NO. 035-1993 See Ord. Book No. 31 which is incorporated herein by reference. There being no further business, the meeting was adjourned. 93/536 Clerk to the Board of County Commissioners of Monroe County 4)04 ck..441, C. • .40 Deputy Clerk t—. -- BOARD OF COUNTY COMMISSIONE R40 " ` Jackcn,DIY2 EI , OUNTYflMoN ,, . Mayor Pro Tern,A Ferri Cheal,District 4 KEY WEST .- Wilhelmina Harvey,District 1 FLORIDA 33040 ;�;•�•E Shirley• 1� Freeman,District 3 (305)294-4641 1=,1 ( I y�'7'7 Mary Kay Reich,District 5 ...76°717t MEMORANDUM TO: Mayor London & Commissioners FROM: James L. Roberts County Administrator SUBJECT: 1994 BOCC Meetings (Alternate) 1994 BOCC Agenda Deadlines DATE: November, 1993 Agenda Meeting Date Deadline Location 1/19/94 - 1/20/94 1/6/94 Key West - TBA 2/16/94 - 2/17/94 2/3/94 Key Largo Library 3/16/94 - 3/17/94 3/3/94 Marathon Gov't Center 4/20/94 - 4/21/94 4/7/94 Key West - TBA 5/18/94 - 5/19/94 5/5/94 Key Largo Library 6/15/94 - 6/16/94 6/2/94 , Marathon Gov't Center - 7/20/94 - 7/21/94 7/7/94 Key West - TBA 8/17/94 - 8/18/94 8/4/94 Key Largo Library 9/21/94 - 9/22/94 9/8/94 Marathon Gov't Center 10/19/94 - 10/20/94 10/6/94 Key West - TBA 11/16/94 - 11/17/94 11/3/94 Key Largo Library 12/21/94 - 12/22/94 12/8/94 Marathon Gov't Center Key Largo Library Tradewinds Shopping Center Marathon Gov't Center 2798 Overseas Highway, MM 47.5 (Gulf) Key West City Hall Ann & Green Streets First day meetings commence at 9:00 a.m.. Second day meetings commence at 9:00 a.m. Agenda deadline=5:00 p.m. VARIANCE The Board of County Commissioners may, upon application and public hearing, grant a variance to the limitations set forth in this Ordinance, upon demonstration and finding that due to one of the following conditions, the literal enforcement of the provisions of this Ordinance would constitute a severe and undue hardship upon the permit holder: 1) Death or incapacity of an owner or immediate family member of the owner; or 2) Destruction of the permitted improvements, or of no less than 50% of the value of the permitted improvements, by act of God or hazard (e.ca. fire, windstorm, flood) . 3) Work stoppage due to bankruptcy of an owner or construction lender or due to an order issued by a government agency, when the order did not result from the owner's or builder's violation of a law, code, regulation, or condition set forth in a permit or development order. The relief granted by variance shall be limited to a time extension, not to exceed one year, and shall be further limited to the minimum extension necessary to obviate the demonstrated hardship. MEMORANDUM To Board of County Commissioners From: Robert L. Herman, Director of Growth Management Date: November 29, 1993 Re Suggested Revisions to the Ordinance Amending Ordinance No. 031-1992 and Sec. 6-40, MCC The following modifications relate to the revised document ap- proved by the BOCC during their November 9, 1993 meeting: PAGE 1: 1. Change Ordinance No. -1992 to Ordinance No. -1993 . 2. Change ( 1) year to two ( 2) years. PAGE 2: Eliminate the word "who" in the third paragraph " . . .for our citi- zens who engaged. . ." . PAGE 3 : Eliminate "as described in Monroe County Code Section 9.5-4(C-10)" from the first paragraph of subsection (d) PAGE 4 AND 5: 1 . Re-write complete first paragraph under subsection (e) as follows: " (e) Permit paid for, picked up and work started Any valid permit, for which construction has commenced, must progress in a timely fashion. The only method by which "timely valid progress" of authorized work may be shown is through the Building Department having per- formed and approved an inspection which is highlighted in red print on the Building Permit Display Card within 120 days measured from either (1) as to the initial inspection, the date work was required to begin, or ( 2) as to inspections subsequent to the initial inspection, from the date of the last approved inspection which was highlighted in red print on the Display Card. Those inspections which are highlighted in red print on the Monroe County Building Permit Display Card, as amended from time to time, may include, but shall not be limited to: any auger/auger cap, piling/piling cap, grade beam/slab, columns/tie beams, slab/wood floor, roof trusses/sheathing, final roofing, A/C ductwork, total rough plumbing, total rough electrical, framing, insula- tion/drywall, final mechanical, final plumbing, final electrical and final building. PAGE 5: 1. In the "EXCEPTION" paragraph, capitalize the words "Certifi- cate" and "Occupancy" in the phrase "Certificate of Occupan- cy" . 2. Change first line from one ( 1) year to two (2) years. 3 . Re-write "EXCEPTION" clause to read " . . .issued in compliance with the Dwelling Unit Allocation Ordinance. If work fails to receive a Certificate of Occupancy within two ( 2) years of the approved framing inspection or has not continued to show progress using the 120 day inspection requirement, the struc- ture shall hereby be declared a public nuisance and the Growth Management Director shall direct the Building Official to institute proceedings as provided by law to require comple- tion, removal or demolition of the structure in accordance with the Standard Unsafe Building Abatement Code. " RLH:aa ORD. 04D/TXTADAMS Page 2