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08/27/1991 RegularW 182 Regualar Meeting Board of County Commissioners Tuesday, August 27, 1991 Key Largo Library A Meeting of the Board of County Commissioners convened at 1:00 p.m. on the above date at the Key Largo Library. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Douglas Jones, Commissioner John Stormont and Mayor Wilhelmina Harvey. Commissioner Jack London was not present. 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. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, AND DELETIONS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to delete item E-2, discussion of settlement in McIntyre V. Freeman et al. Federal Jail Suit, from the Agenda. Motion carried unanimously. SOUNDING BOARD Jerry Wilkinson, President of the Historical Preservation Society of the Upper Keys addressed the Board concerning the preservation of Flagler's overseas railroad bridges. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to direct staff and the County Attorney to determine the status of the zoning and the Land Development Regulations as they apply to the bridges and request the Historical Preservation Board to implement the provisions of Section 9.5-453 of the Monroe County Code and subsequent paragraphs to designate them as historical structures. Motion carried unanimously. George Mueller addressed the Board concerning con- sideration of approval to issue a Revenue Refunding Bond for refinancing the Plantation Key Convalescent Center mortage debt. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve the conduit financing request with Monroe County as the issuer on behalf of the Plantation Key Convalescent Center and begin the necessary steps as outlined in Bond Council Judson Freeman's letter dated August 13, 1991. Roll call vote carried unanimously. Sylvia Godfrey addressed the Board concerning a proposed Hibiscus Park "Park Site" and Ocean Acres property for possible Monroe County acquisition. No action was taken. Albert Rosillo addressed the Board concerning renaming Donald Meacham Field at Key West International Airport to Rosillo-Parla Field. Freddy Castro Addressed the Board. No action was taken. Dennis Tebon addressed the Board concerning requested Road closures for the 1991 Anheuser-Busch Family Fitness Weekend in Islamorada on September 27, 28, and 29, 1991. Motion was made by Commissioner Stormont and seconded W 183 by Commissioner Jones to approve the road closures as follows; Friday Night: Old U.S. 1 from Cheeca Lodge North to Blackwood Drive, 3:00 PM to 10:00 PM - Old U.S. 1 from Cheeca Lodge North to Park Road, from 7:00 PM to 9:00 PM. Saturday: Old US. 1 from Cheeca Lodge South to Parker Dr., from 8:00 AM to 8:45 AM. Sunday: Old U.S. 1 from Cheeca Lodge North to Park Road, from 7:00 AM to 9:00 AM., con- tingent upon providing information to the County Administrator of proof of adherence to the seven conditions placed on the Big Pine Key Association as follows: 1. Necessary clean up 2. the placement of traffic cones spread 50' apart along the entire one -lane section of road 3. barricades on side streets, easements, and driveways prohi- biting access onto closed section of roadway 4. policemen directing traffic at beginning and ending of course, also at intersecting streets (5. public notice given through han- douts to those on the West side of Key Deer Blvd. within the closed area) and through announcements 6. Contact emergency rescue agencies 7. supply proper insurance and hold harmless agreement. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Jones directing the County Administrator to notify all commission entities that the appropriate clearance procedures through the County Administrator's Office would be followed prior to any events being approved by the Commission. Roll call vote was unanimous. CONSTRUCTION PROGRAM MANAGEMENT MK G The following firms made presentations to the Board concerning Phase 1 of Jackson Square/Truman School Renovations: Architects Design Group; Bender and Delaune Architects, P.A.; Gonzalez/ADI; Hatcher, Zeigler, Gunn & Associates, Architects; Imre Ereg, Architects. The Board proceeded to ballot with the following results: Cheal Jones Stormont Harvey Total ADG 5 4 1 2 12 Bender 2 2 3 4 11 Gonzalez ADI 1 5 4 3 13 HZGA 3 3 2 5 13 Imre Ereg 4 1 5 1 11 The Clerk advised the Board that the results of the ballot were as follows; Bender and Imre Ereg tied for first place with 11 points, Architects Design Group with 12 points, and Gonzalez/ADI and Hatcher, Zeigler, Gunn and Associates at 13 points each. The Board proceeded to ballot on the two firms tied for first position, Bender and Imre Ereg with the following results: Cheal Jones Stormont Harvey Total Bender 1 2 1 2 6 Imre Ereg 2 1 2 1 6 The Clerk advised the Commission that the results of the W 184 ballot were as follows; a tie vote with six points each for Bender and Imre Ereg. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to postpone further con- sideration on the selection between the firms of Bender & Delaune, Architects and Imre Ereg, Architects to the next available meeting with a full Board. Motion carried unani- mously. PUBLIC HEARINGS A Public Hearing was held concerning a proposed Ordinance creating Sec. 6.3-12, Monroe Code in order to pro- vide that prosecutions before the Code Enforcement Board shall be initiated within four years of the occurence of the event complained of or be forever barred: providing for an exception for occurences which threaten human life; providing for severability; providing for incorporation into the Monroe County Code of Ordinances; providing for the repeal of all Ordinances inconsistent herewith; and providing an effective date. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. There was no public input. Community Services Director Peter Horton addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to continue to the next Public Hearing, and request that the Staff and County Attorney provide alternatives to this por- posed Ordinance. Roll call vote was unanimous. Commissioner Jones left the meeting. COUNTY ATTORNEY County Attorney Randy Ludacer discussed a letter received from Dr. A.J. Henriquez, Superintendent of Monroe County Schools dated August 26, 1991, concerning school capacity. Growth Management Director Bob Herman, addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve a Resolution rescinding a previous Resolution adopted by the Board con- cerning the school capacity analysis and directing staff to clarify information concerning school facilities. Motion carried unanimously. RESOLUTION NO. 275-A-1991 See Resolution Book No. 100 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to transmit the complete new school capacity information to the Department of Community Affairs for acceptance of the interpretation of the adequate schoolroom capacity in the County's Adequate Facilities Report. Roll call vote was unanimous. Growth Management Director Bob Herman discussed traffic limitations in the lower keys and lapsed permits. Mr. Ludacer discussed the Gonzalez case concerning Gonzalez and Cook Key. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to authorize the appeal of the judgement in this case and requesting the Department of Community Affairs to participate. Roll call vote carried unanimously. Mr. Ludacer discussed the cases concerning Mr. DeCarion and Curry Cove and the Key Deer versus Monroe County and the award of attorney's fees. Mr. Ludacer discussed his concerns about certain requirements of the law concerning resolutions on Land Use matters and the W 185 requirements for hearing and publication. Mr. Ludacer addressed the Board concerning modifi- cation of calculation of sales taxes and assertion of penalty by the Florida Department of Revenue. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to proceed with the informal Department of Revenue appeal procedures, to seek a waiver of the deposit of the contested tax amount, and if unsuccessful to authorize the placement of that deposit if necessary. Roll call vote carried unanimously. COUNTY ADMINISTRATOR County Administrator Tom Brown addressed the Board concerning consideration of proposed fiscal year 1992 Legislative action items. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the North Key Largo Scenic Highway proposal as amended. Under item (2)(c) delete "if such signs are within 500 feet of such business". Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve the creation of a Highway Corridor Authority. Motion carried unanimously. The Board discussed Commissioner Cheal's recommen- dations concerning the Principles for Guiding Development. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to request staff to review his propo- sals in light of the preliminary policy directions adopted by the Board and report back to the Board with changes that they feel are appropriate. Roll call vote was taken with the following results: Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Stormont Yes No Mayor Harvey discussed legislation concerning prop- serty assessments and the sharing of fees with State Parks in the County. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve Indigent Care Surtax Taxing Authority for small counties by referendum only. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to to approve inclusion of the Emergency Management Personnel in the State's special risk retirment fund category - F.S. 121.0515 (County Paramedics) with the provision that staff provide additional data to the Commission. Roll call vote carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve increased state funding in compensation for lost ad valorem revenues on property owned by the State of Florida in Monroe County, an Area of Critical State Concern. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve the request to sponsor action to reduce the solid waste stream through packaging Z___ WrIf4rAw - W mandates, bottle bills, and hazardous materials elimination such as six pack bottle rings as amended with the addition of a dry -cell battery recycling program and to be considered directions to the County Administrator and also requesting the Legislature to grant more authority to the Counties to regulate these items. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve the revision to the one -cent infrastructure sales tax legislation to permit utilization of a part of the proceeds to offset the cost of operating County detention facilities, with the County Administrator to continue to pursue this matter. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve the request for local flexibility for use of Tourist Tax and ask the County Attorney to review the request for potential proposals to satisfy the intent of this request. Roll call vote was taken with the following results: Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Stormont Yes No Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve the request that the Legislative Delegation should attempt to obtain at least an 85% cap on the County's contribution to the cost of operating the Monroe County School System. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to request that the Legislative Delegation ahouI6 take action to requarp all government business, includ n-E, votin8, ze conducted only -in 'gl ih. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commission Stormont to approve the request for change in code enforcement laws, requesting that state law be changed to require recovery of code enfocement costs identifiable to a case if there is a finding of guilt. This would be an administrative cost, not impacted by the amount of the fine, similar to court costs. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Cheal to approve the request to acquire a materials storage shed for the Marathon Modular Jail. Motion carried unanimously. The Board discussed the 1992 Florida Department of Transportation Plan of August 1, 1991. Motion was made by Commissioner Cheal and seconded by Mayor Harvey requesting that the Plan be modified to refer to Hurricane Evacuation on page 5 and 6, and also to refer to Cruise Ship and Port Activity in Monroe County on page 15. Motion carried unani- mously. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont for approval to solicit proposals from investment banking firms to serve the County as senior managing underwriter/co-manager for the issuance of approxi- mently $38,000.000.00 of revenue bonds, in accordance with the attached recommendation from Public Financial Management. Motion carried unanimously. li �I W 187 SOUNDING BOARD Motion was made by Commissioner Stormont and secon- ded by Mayor Harvey to request the County Administrator to meet with or call Mr. Beatty and include the Rotary Club in the previous action of the Commission concerning the issue of portable stages. Motion carried unanimously. There being no further business, the meeting was adjourned. MEONROE, FLORIDA QUALIFICATIONS/PROPOSALS TO SERVE AS SENIOR MANAGING UN -DERWRI T —C—K Issue Date: Due Date_ Monroe County, Florida Submission of Proposals Monroe County (the "County"), Florid2 is soliciting proposal from investment banking firms to serve the County -as senior managing underwriter/co ,manager for the issuance of approximately ($44miliif)n dollars of revenue bonds. The revenue bonds will be payable from $lag Collection of the one -sect discretionary infrastructure sales surtax pursuant to Section 212.055 (2) Florida Statutes. The proceeds will be used to finance design engineering and construction of additional criminal justice facilities and for payment of Sales Tax Bond Anticipation Notes, Series 1990 (the "Notes"). The Notes were issued May 15, 1990 in the par amount of $12,500,000 and are due November 15, 1991. The County has covenanted to issue bonds thirty days prior to the Notes becoming due. The specified numbers of proposals responding to the questions and requests for information contained herein should be submitted to: Lavon Wisher Public Financial Management, Inc. 5900 Enterprise Parkway Fort Myers, FL 33905 (Four copies) To be considered, copies of the proposals must be delivered to the above address and received no later than Late proposals will not be accepted. Additi nal Information It is the responsibiiity of the offerer to inquire about and clarify any a.apeet of the RFQ/RFP that is not understood. Questions and requests for clarification should be famed Public Financial Management, Inc. at (813) 693-6384. Propos [ Timetable The County has established the following timetable for -,election of the senior managing underwriter/co manager. This schedule is subject to Yaanne as the County may require. RFQ/RFP Issued Proposals Due Underwriter Shortlisting by Qualification Solicit Qualified. Underwriters Fee Proposals Underwriter Selection Underwriter Confirmation. by County Council General Terms and Conditions Proposals should be prepared simply and economically, and should providC straightforward and concise responses which satisfy the requirements of this RF'Q/RFF. Emphasis should be placed ova the completeness and clarity of the content. The County shall not be liable for any expenses incurred in the preparation or presentation of the proposals. Proposers, their agents and associates shall refrain from contacting or soliciting any members of the Board of County Commissioners, Selection Committee or other County officials regarding this RFQ/RFP during the selection process. Failure to comply with this provision may result in the disqualification of the proposer. All questions should he directed to Public Financial Management, Inc. the County's Financial Advisor or tha County's designated Contact Person. Proposal Format Proposals should conform to the following specifications: o Responses should be submitted consistent with the terms and condition, of this RFQ/RFP, as further described herein. o No printed brochures or materials, other than written responses to the questions outlined in this RFQ/RFP should be submitted. Joint Pronosal. Accented Joint proposals from .more than one underwriting firm will be accepted. In these instances, the book -running manager trust be designated iL the proposal. Furthermore, the County will designate co -managers and other member, (if the Syndicate or selling group. Conditions of Award The County intends to award a contract to the film whoSc proposal(s), in the County's sole opinion, is most advantageous to the roeant �11a4d-d on i, Y • . ttn t .0 I-rItk,L 3 set forth in the RFQJRFP. The County reserves theright to re, ct acy end all proposals received and to request clarification of information from any Source. The County also reserves the right to waive any irregularity or informality if it is dcclmed to be advantageous to do so. REQUEST FOR QUALIFICATIONS. Specific Proposal Reguirements- Each proposal should be accompanied by a 'letter of trar:smiml aot extieeding ..;o pages which summarizes key point of the proposal and which is signed by an offleer. of the firm who is responsible for committing the firm's resourczs. Proposals should contain direct responses to the following suestions or request ;or information and be organized so that the specific c+,urstion or request fer inf orm3:icn should each begin on a new page with tue question repeated at ;hw top of the page. 1. Tax -Exempt Securities Sales Experlence. For the years 088, M9. 1997 and first half of 1991, please provide in tabular form the volume and_ creent of Your first's sales of tax exempt securities to the following: A. Institutions B. Bond Funds C. Retail D. Other (Specify) E. Total Z. Florida Senior Manager Experience. Provide a tabular listing of your firm's experience as senior. book running rrmanrtper for Florida Bond issues sintie January 1, 1988. For cacti transaction please provide the following: A. Issue Date B. Issuer C. Purpose D. Par Amount E. Firm' Role F. Type of Financing G. Type of Sale Please see attached form for format requirements 3. References. Provide references for three recently completed- transactions listed in response. 4. Personnel. Identify the organizational structure which the il-lounry's engagement will be managed by your firm. Identify and }provide background on the senior banker who will assume day-to-day and on -site responsibilities of managing and supporting the County's financing. This is the individual who will be ex;^.•ected to regularly represent your firm at 31l financing meeting. P ease indicate others who will serve the Couat,; directly with banking responsibilities with respect to strixctsring, pricing, marketing and re -marketing. Brief Biographies of these individuals should be included. 5. Understanding of key issues related to the structurlab yWd marketing of the proposed financing. In no more than two pages describe the ices credit issues -which -your firm feels the County must address in developing the plan of finance for the financing. 6. Formulation of preliminary plan of finance. ;n no more han three pages discuss your firm's innovations and/or recommendations is formulating a preliminary plan of finance. Please include a discussion of methods. y. Bond Allocation From your viewpoint as a boolt_ruaning senior manger, discuss how the County can achieve the lowest interest cost for its debt financing while trying to assure fair treatment relative to the split in the maLagement fee component of the gross spread among the managing underwriter and the allocation of bonds. 8. Underwriters' Counsel. Provide the naive and location of two firms, ranked in order of preference, which you would propose to serve as jJaderwriters' Counsel for the C:ounty's engagement. The County reserves the right of approval. 9. Public Entity Crimes. Provide a signed copy of the attaehed Public. Entity Crimes statement as required under Chapter 2$7, Florida Statutes, Section 287.133(3)(a), Evaluation Criteria The Proposals will based on the following criteria: # Experience and availability of individuals a3signed to the project team. " Experience of :he firm with similar types of financings. Understanding of key credit issues facing; the Couaty's financing(s). ' Creativity in formulating a plan of finance. Marketing capabilities of the firm. Responsiveness to the specifications of the RFQ/RFP. Client references. SELECTION CRITERIA All proposals submitted prior to. the specified deadline will be reviewed by thy: County and its financial advisor. The information requested by the RFQ/ RFP will be evaluated to identify the firm(s) which is best qualified to serve the Count; as senior managing underwriter/co manager for this transaction. The County will then reouest the qualified firms eociole-te_the attached REP. Firms a -re not to complete this farm unless reQuested_ky the ElLi "cial Advisor. The County reserves the right to select more than one (1) fins to serve as managing underwriter as well as the right to select other underwriting participants. Tile County reserves the right to waive technicalities or irreg;:lrities in proposals at its discretion or to reject any or all proposals received. REQUEST FOR PROPOSAL 1. Underwriters Compensatioa 1Vlanagement Fee - Expenses (a) - Takedown (b)--- Risk (b) TOTAL 2. Marketing In no more than one page please describe the techniques Your firm would use to market the proposed band issue. 3. Timetable Please provide proposed timetable for this band issue. 4_ Debt Service Schedule Provide as an attachment the latesT Debt Se.r,= ce ch=d,11e of a Florida issue (including Final Gross Spread Schedule). (a) PLEASE ITEMIZE (b) EASED ON TODAY'S MARKET fixed based or= this proposal. Please note: 1) The management fee and expenses are 2) The County intends to se:ect a firm with the marketio.g strenS%11 to eliminate the risk. component of the gross spread. M i