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09/18/1991 Regular ww 031 Regular Meeting Board of County Commissioners Wednesday, September 18, 1991 Key Colony Beach ~ A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the City Hall in Key Colony Beach. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Douglas Jones, Commissioner Jack London, and Mayor Wilhelmina Harvey. Absent from the meeting was Commissioner John Stormont. Also present were Rosalie Connolly and Nancy Cohen, Deputy Clerks~ 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, DELETIONS Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve additions, deletions and correc- tions to the Agenda. Motion carried unanimously. ..... PRESENTATION OF AWARDS Mike Niccum, Master Mechanic, Public Works Division, was presented with the Employee of the Month Award for July. Min Peyser accepted a Mayor's Proclamation which declared September 20, 1991 as POW/MIA Recognition Day in Monroe County. Min Peyser accepted a Mayor's Proclamation which proclaimed September 17, 1991 as Citizenship Day and the week of September 17 - 23, 1991 as Constitution Week. BULK APPROVALS Motion was made by Commissioner London and seconded by Commissioner Jones to approve the fOllowing items by una- nimous consent: MISCELLANEOUS BULK APPROVALS - Board approved renewal of Excess Liability Insurance Program with Florida League of Cities, Inc. at an annual premium of $180,284.00. Board approved renewal of Environmental Management Division's General Liability and Public Officials Liability with the Florida Municipal Liability Self-Insurers Program at an annual premium of $43,318.00. Board adopted the following Resolution rescinding Resolution No. 539-1990 concerning the receipt of unanticipated funds from FAA and FDOT. WW 032 RESOLUTION NO. 300-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolutions concerning the transfer of funds. RESOLUTION NO. 301-1991 RESOLUTION NO. 302-1991 RESOLUTION NO. 303-1991 RESOLUTION NO. 304-1991 RESOLUTION NO. 305-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 242-1991 concerning the receipt of unanticipated funds for Boating Improvements - Ramrod Entrance. RESOLUTION NO. 306-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolutions concerning the receipt of unanticipated funds. RESOLUTION NO. 307-1991 RESOLUTION NO. 308-1991 RESOLUTION NO. 309-1991 RESOLUTION NO. 310-1991 RESOLUTION NO. 311-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 243-1991 concerning the receipt of unanticipated funds for Boating Improvements - Windley Key. RESOLUTION NO. 312-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the fOllowing Resolution accepting the solid Waste Recycling and Education Grant from the Florida Department of Environmental Regulation and authorizing the Mayor to execute an Agreement in furtherance thereof. RESOLUTION NO. 313-1991 See Res. Book No. 101 which is incorporated herein by reference. Board approved and authorized execution of Addendum to Agreement between District 5 and Physio Control Corporation for inspection and maintenance of biomedical equipment in the amount of $948.00. Board approved and authorized execution of Addendum to Agreement betwen District 6 and Physio Control Corporation for inspection and maintenance of biomedical equipment in the amount of $708.00. Board approved removal of the fOllowing surplus property from Emergency Medical Services - Administration inventory: 1410-40 Air-Conditioner WW 033 Board approved request from United States Coast Guard to utilize tower space at the Key Largo Translator Site. Board adopted the following Resolution authorizing the Mayor to approve the Supplemental Joint Participation Agreement (SJPA) for Environmental Assessment Study Project WPI#6826657 at Key West International Airport. RESOLUTION NO. 314-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to approve the Joint Participation Agreement (JPA) for Passenger Terminal Renovation and Expansion Project WPIi6826675 at Key West International Airport. RESOLUTION NO. 315-1991 See Res. Book No. 101 which is-Tncorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to approve the Supplemental Joint Participation Agreement (SJPA) for construction of T-Hangars Project WPIi6826703 at Marathon Airport. RESOLUTION NO. 316-1991 See Res. Book No. 101,which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to approve the Joint Participation Agreement (JPA) for the update of Airport Master Plan and the Airport Layout Plan Project WPI#6826709 for the Key West International Airport. RESOLUTION NO. 317-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to approve the Joint Participation Agreement (JPA) for the update of Airport Master Plan and the Airport Layout Plan Project WPIi6826710 for the Marathon Airport. RESOLUTION NO. 318-1991 See Res. Book No. 101 which is-Tncorporated herein by reference. Board adopted the following Resolution authorizing the filing of a grant application with the Florida Department of State, Division of Library and Information Services, and directing the execution of same by the proper County authorities. -- RESOLUTION NO. 319-1991 See Res. Book No. 101 which is-Tncorporated herein by reference. Board approved removal of the following surplus property . from Tourist Development Council's inventory: 1102-10 Savin FAX Machine Board approved purchase of three high-frequency SSB Harris long range voice data communications transceivers at Federal General Service Administration (GSA) contract prices at a total cost to Monroe County of $8,925.00. WW 034 Board adopted the following Ordinance adopting a Land Use District Map Amendment from Urban Residential Mobile Home to Urban Residential Mobile Home Limited on property known as Venture Out of Cudjoe Key, Inc., Lots 1 through 659, a re- subdivision of Tract A of Cudjoe Ocean Shores, lying in Government Lots 2 and 3, Section 34, Township 66 South, Range 28 East, CUdjoe Key, MM 23~ transmitting this amend- ment to the State Land Planning Agency for approva1~ pro- viding for severabi1ity~ and providing for an effective date. ORDINANCE NO. 024-1991 See Ord. Book No. 26 which is incorporated herein by reference. Board adopted the fOllowing Ordinance adopting a Land Use District Map Amendment from Native Area to Urban Residential Mobile Home on property known as Rockland Hammock Subdivision~ Lots 9, 16, 18, 19, 20 Block 3, Lots 1, 2, 12, 13 Block 4, Lots 9, 10, 11 Block 5, Lots 1, 4, 5 Block 6, Lots 8, 9, 10, 22, 23, 24, 25, 26, 28, 29, 30, 31 Block 7, and Lots 2, 3, 12, 13, 23, 24, 25, 29, 38, 39, 40 Block 8~ East Rockland Key, Section 28, Township 67 South, Range 26 East, Tallahassee Meridian, Monroe County, Florida, Mile Marker 9~ transmitting this amendment to the State Land Planning Agency for approva1~ providing for severabi1ity~ and providing for an effective date. ORDINANCE NO. 025-1991 See Ord. Book No. 26 which is incorporated herein by reference. ADVERTISMENTS Board granted permission to remove the following surplus property from the Communications Department's inventory and advertise same for sealed bids: 1505-61 1984 Dodge Diplomat Board granted permission to remove the following surplus property from the Social Services Department's inventory and advertise same for sealed bids: 2211-55 IBM Typewriter Board granted permission to remove the following surplus property from the inventory of Card Sound Road and Toll Bridge and advertise same for sealed bids: 3200-009 3200-033 9.9 HP Outboard Engine 22" Sears Lawnmower REFUND REQUESTS Board authorized payment of refund in the amount of $1,150.00 to Ron Derman inasmuch as the dimensional variance applied for (Receipt No. 486035) was not required. Board authorized payment of refund in the amount of $495.00 to C & E Construction Co. inasmuch as the the owner decided not to build the dock applied for at this time (Permit 9130003142). I WW 035 FLOOD VARIANCE APPLICATIONS ~ Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of J. Lawrence and Evelyn Vandewalle for a laterally attached garage enclosure of greater than 300 square feet for parking (no plumbing, electrical or mechanical equipment may be located within enclosure) on Lot 15, Block 22, CUdjoe Gardens Eighth Addition, Cudjoe Key, MM 21~ Zoned IS - Improved Subdivision~ Coastal Flood Zone AE 8', Panel 1492F. MISCELLANEOUS BULK APPROVALS Board approved proposal from Key Karpet and Furniture in the amount of $14,272.00 to re-tile Bayshore Manor. Board approved and authorized execution of Amendment 41 to Contract KG-151 with The Alliance For Aging, Inc. to increase funding allocation for Title C-2 and Title III-D, Older American Act dollars, in the amount of $6,755.00. Board adopted the following Resolutions concerning the transfer of funds. RESOLUTION NO. 320-1991 RESOLUTION NO. 321-1991 See Res. Book No. 101 which is incorporated herein by reference. - Board adopted the following Resolution concerning the receipt of unanticipated funds. RESOLUTION NO. 322-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolutions concerning the transfer of funds. RESOLUTION NO. 323-1991 RESOLUTION NO. 324-1991 RESOLUTION NO. 325-1991 See Res. Book No. 101 which is incorporated herein by reference. Board adopted the following Resolutions concerning the receipt of unanticipated funds. RESOLUTION NO. 326-1991 RESOLUTION NO. 327-1991 RESOLUTION NO. 328-1991 See Res. Book No. lOl which is-rncorporated herein by reference. - Board awarded bid to and approved and authorized execution of contract with RK Exteriors and Aluminum Products, in the total amount of $39,315.80, concerning the provision and installation of storm shutters at the following elementary schools to be used as Red Cross hurricane shelters: Glynn Archer School Sugar loaf School Stanley Swit1ik School $24,484.00 $ 5,932.80 $ 8,899.00 WW 036 Board approved and authorized execution of Agreement with the Florida Department of Community Affairs concerning Radiological Emergency Preparedness for Fiscal Year 1992. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Board authorized additional surveying service expenditures for Big Coppitt Fire Station, in the amount of $623.00, to be provided by Petsche & Associates. DIVISION OF PUBLIC WORKS Board awarded bid to and approved and authorized execution of contract with Dion Oil Co. for delivery of No. 2 Diesel Fuel and Unleaded Gasoline in the approximate amount of $340,000.00. Board accepted the Status Report on US-1 Scenic Highway designation. Board granted permission to submit the Highway Corridor Authority Bill to Representative Saunders for legislative consideration. Board granted approval to include the essence of the North Key Largo Scenic Parkway Bill in the Monroe County Comprehensive Plan. DIVISION OF GROWTH MANAGEMENT Board approved Final Payment to Sedway Cooke Associates, in the amount of $1,800.00, for services rendered in the completion of the Big pine Key Community Plan. MUNICIPAL SERVICE DISTRICT Board approved rescission of the Escrow Agreement with the Florida Department of Environmental Regulation regarding Monroe County Landfills. Board adopted the following Resolution concerning the transfer of funds. RESOLUTION NO. 329-1991 See Res. Book No. 101 which is incorporated herein by reference. DIVISION OF PUBLIC SAFETY Board adopted the following Resolution authorizing the Chairman to execute an E.M.S. County Grant Application and related Request for Grant Distribution to the Department of Health and Rehabilitative Services of the State of Florida. RESOLUTION NO. 330-1991 See Res; Book No. 101 which is-Tncorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board approved payment of Tourist Development Council expen- ditures in the amount of $254,397.61 (Input Date 8/27/91), WW 037. subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $287,841.83 (Input Date 8/27/91), subject to final invoice approval by the County Finance Department. - Board approved payment of Tourist Development Council expen- ditures in the amount of $2,002.34 ((Input Date 8/27/91), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $797.36 (Input Date 8/27/91), subject to final invoice approval by the County Finance Department. Board approved and authorized execution of Addendum to Tourist Information Services Agreement with the Greater Key West Chamber of Commerce, in the amount of $10,000.00, FY '91, Third Penny from Special Events to TIS. Board approved payment of Tourist Development Council expen- ditures in the amount of $8,561.82 (Input Date 8/30/91), subject to final invoice approval by the County Finance Department. - Board adopted the following Resolution transferring funds. - RESOLUTION NO. 331-1990 See Res. Book No. 101 which is incorporated herein by reference. Board approved and authorized execution of Local Major Events Agreement with the Key Largo Chamber of Commerce for the Island Jubilee, November 7 - 10, 1991, in the amount of $32,000.00, DAC V, FY '92, Third Penny, Special Events. Board approved and authorized execution of National Major Event Contract with CAT Sports, Inc. for the Florida Keys Bud Light Triatho1on Series, May 29 - 31, 1992, in the amount of $30,000.00, DAC V, Two Penny, Events. Board approved an amount not to exceed $11,400.00, FY '91, DAC I, Third Penny, Bricks & Mortar, for fencing and securing windows for the Customs House Project. COUNTY ADMINISTRATOR Board approved payment of the following invoices: l. General Asphalt Co., Inc., in the amount of $33,947.12 as FINAL PAYMENT, re Sugarloaf Key Roads I. - 2. Frank Keevan & Son, Inc., in the amount of $47,072.67 as FINAL PAYMENT, re Card Sound Bridge Rehabilitation. 3. Biscayne Awning & Shade Co., Inc., in the amount of $19,530.00 as FINAL PAYMENT, re Canopy at Card Sound Toll Booth. ww 038 4. Langton Associates, Inc., in the amount of $2,416.66 as FINAL PAYMENT for Grantsmanship Services. 5. The Brewer Company, in the amount of $64,449.68 as FINAL PAYMENT, re Summer1and Key Roads II. 6. The Main Line Corporation, in the amount of $15,987.00 as FINAL PAYMENT, re hard- ware and software for waste management data system. 7. Cohen, Dippe11 and Everist, P.C., in the amount of $9,226.05, for professional engineering services for the Translator System through 7/23/91. 8. Rosenman & Colin, in the amount of $2,150.58, for professional services re the Translator System through 7/31/91. 9. Lopez Funeral Home, in the amount of $485.00, for professional services re Pauper Burial. 10. Dean-Lopez Funeral Home, in the amount of $450.00, for professional services re Pauper Burial. 11. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., in the amount of $1,369.34, for professional services through 8/30/91. Board adopted the following Resolution creating the Monroe County Correctional Planning Committee and establishing duties thereof which include ensuring that the County Jails do not exceed Department of Corrections or Court-ordered capacity, and to prepare a County Comprehensive Correctional Plan. RESOLUTION NO. 332-1991 See Res. Book No. 101 which is incorporated herein by reference. COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND, #154068-#155334, in the amount of $2,972,433.33. ---- SUPPLEMENT TO GENERAL REVENUE FUND, #394, in the amount of $39,736.14:- FINE & FORFEITURE FUND, #1133-#1142, in the amount of $125,568.14: AIRPORT OPERATION & MAINTENANCE FUND, #677, in the amount of $60,874.79. ROAD & BRIDGE FUND, #671, in the amount of $8,417.27:--- - ---- MSD TAX DISTRICT, #1580-#1589, in the amount of $539,223.167 --- MSD TAXING DISTRICTS, #615, in the amount of $155,859.25. I ww 039 MSD - PLEDGED FUNDS, .240, in the amount of $500,000.00. LAW LIBRARY FUND, .345, in the amount of $46.32. CAPITAL PROJECTS FUND, .505, in the amount of $45,601.00. MONROE COUNTY GROUP INSURANCE, .468-.469, in the amount of $566,335.90. CARD SOUND BRIDGE FUND, .389, in the amount of $16,419.3~ ---- WORKERS COMPENSATION, #3727-'3746, in the amount of $36,256.29. TOURIST DEVELOPMENT COUNCIL, .725-#727, in the amount of $76,716.32. TRANSLATOR FUND, #326, in the amount of $4,982.16. FAIR SHARE IMPROVEMENT TRUST FUND, #67, in the amount of~488.75. RISK MANAGEMENT FUND, #144, in the amount of $23,510.8S:-- ---- PLANNING, BUILDING & CODE ENFORCEMENT, PARKS & BEACHES UNINCORPORATED, #336=#337, in the amount of $179,975.50. UPPER KEYS TRAUMA DISTRICT, .96, in the amount of $7,738.67. SALES TAX BOND ANTICIPATION NOTES, #27-'28, in the amount of $57,189.1a:-- MONROE COUNTY TRUST FUND ACCOUNT, .1012, in the amount of $699.00. MONROE COUNTY RENTAL REHAB PROGRAM, 159-'60, in the amount of $8,376.00. Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guillermo D. Marcovici, M.D., P.A., in the amount of $800.00~ Deborah Harrison, Ph.D., in the amount of $562.50~ Patricia Gilchrist, MSW, in the amount of $150.00~ Mental Health Care of the Lower Keys, in the amount of $800.00~ Richard Hellman, Ph.D., in the amount of $200.00~ David Nathanson, Ph.D., in the amount of $600.00. COURT-APPOINTED ATTORNEYS, William Kuypers, in the amount of $2,870.33~ Charles Everett, in the amount of $1,107.50~ Timothy Nicholas Thomes, in the amount of $3,787.70~ Leonard Miku1, in the amount of $1,237.00~ Michael Cox, in the amount of $350.00. OTHER EXPENSES, Louis Spallone, in the amount of $1,750.00~ State of Florida, in the amount of $257.60. COURT REPORTER SERVICES, Accuwrite Reporting, in the amount of $95.80~ Associated Court Reporters of Monroe ww 040 County, in the amount of $1,488.45~ Florida Keys Reporting, in the amount of $949.13~ Amy Landry, in the amount of $5,705.50~ Kathleen Fegers, in the amount of $251.00~ Nancy Ma1eske, in the amount of $5,451.50~ Nichols & Hardy, in the amount of $30.00~ Billie Jean Fase, in the amount of $155.25~ Lisa Roeser, in the amount of $60.00. COURT INTERPRETER SERVICES, Manuel Marcial, in the amount of $50.00~ Robert Dunbicyak, in the amount of $30.00~ J. R. Alayon, in the amount of $145.00~ Andrew Pleban, in the amount of $95.00~ Juli Barish, in the amount of $350.00~ William Mota, in the amount of $205.00~ Susan Tellez, in the amount of $210.00~ Liza Moreno, in the amount of $310.00~ Fermin Pastrana, in the amount of $365.00~ Mayda Maloney, in the amount of $3-05.00~ Luis Sanchez, in the amount of $285.00~ Juan Borges, in the amount of $520.00. EXTRADITION, Richard D. Roth, Sheriff of Monroe County, in the amount of $5,194.77. WITNESS PAYROLL, Regular Witness Fees, in the amount of $1,145.36. Board officially approved Minutes of the following meetings of the Board of County Commissioners: August 6, 1991 August 7, 1991 August 27, 1991 August 29, 1991 Motion carried unanimously. MISCELLANEOUS ~ APPROVALS The Board entered into a discussion concerning the Administrative Procedures/By-laws of the Monroe County Marine and Port Advisory Committee. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to amend as follows: Sec. 1.01 - After the words "1990 Edition," insert the words "Policies of the Board of County Commissioners," Sec. 1.05 - This section is to now read "The Committee shall designate one of its own members to act as parliamentarian." Roll call vote was unanimous. Motion was then made by Commissioner Cheal and seconded by Commissioner Jones to approve the Administrative Procedures/By-laws for the Monroe County Marine and Port Advisory Committee, as amended above. Motion carried unanimously. The Board then considered an Interloca1 Agreement with the District School Board of Monroe County regarding hurricane protection at school buildings. The Board directed that the following paragraph be inserted between current Paragraphs 2 and 3 of the proposed Inter10cal Agreement: ww 041 "In coordination with the Emergency Management Director, an annual exercise will be conducted to install shutters and inspect all operational components of the shelter to insure readiness." ..... Motion was then made by Commissioner Cheal and seconded by Commissioner Jones to adopt the fOllowing Resolution authorizing the Mayor to sign on behalf of Monroe County an Inter1oca1 Agreement (as amended above) with the District School Board of Monroe County for the use of schools as hurricane shelters in exchange for the provision of hurri- cane shutters and emergency equipment. Motion carried una- nimously. RESOLUTION NO. 333-1991 See Res. Book No. 101 which is incorporated herein by reference. Motion was made by Commissioner London and seconded by Commissioner Cheal to approve and authorize execution of a Public Telephone Service Agreement with Southern Bell Telephone Company for the current sixty-eight public telephones on County property. Motion carried unanimously. The Board discussed the request by the Key Largo Chamber of Commerce to use Harry Harris Park on November 8 - 11, 1991 for the 10th Annual Island Jubilee, with approval for the sale and consumption of beer and for their fund-raising events. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve the request with the deletion of approval for alcoholic sales and con- sumption. The co-chairmen of the Island Jubilee addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Jones to postpone to the Regular Commission Meeting on October 9th. Motion carried unani- mously. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve removal of the fOllowing surplus property from Veterans Affairs' inventory: 1200-071 1200-074 2991-001 Executive Chair Remington Typewriter File Cabinet w/Lock Motion carried unanimously. The Board discussed a proposed maintenance agreement for seven typewriters for the Veterans Affairs Department with Makepeace Office Equipment and Supplies in the amount of $910.00. After discussion, motion was made by Commissioner London and seconded by Commissioner Jones to continue this item for a report back by Staff. Motion carried unanimously. ~ ADVERTISEMENTS Motion was made by Commissioner London and seconded by Commissioner Jones to grant approval to advertise for three Public Hearings a proposed Ordinance to completely prohibit alcoholic beverages at Higgs Beach and the Pines County Park in Key West, and all County parks, including Harry Harris Park, etc. Motion carried unanimously. I ww 042 REFUNDS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to authorize payment of a refund in the amount of $2,095.82 to Robert Howard inasmuch as his household qualified under the Affordable Housing Application for his single-family residence on Lots 4 and E ~ of 5, Block 11, Eden Pines Colony, Big Pine Key. Motion carried unanimously. FLOOD VARIANCE APPLICATIONS After disccussion, motion was made by Commissioner Jones and seconded by Commissioner London to approve, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Oscar and Martha P. Combarro for the first time placement of a mobile home below base flood elevation on Lot 150, Bermuda Shores, Key Largo~ Zoned URM~ Coastal Flood Zone AE 9', Panel 0843. Roll call vote was unanimous. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Douglas Fuller of Morrison-Knudsen/Gerrits addressed the Board. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner London to approve and authorize execution of a contract with Morrison- Knudsen/Gerrits to manage construction of the Key West International Airport Terminal Auto Parking Lot improvements in an amount not to exceed $20,000.00. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey Yes No Yes Yes Motion carried. After discussion with Douglas Fuller, motion was made by Commissioner Cheal and seconded by Commissioner London to establish a $35,000.00 budget for surveying ser- vices and authorize expenditures to support construction of the New Detention Facility which will consist of, but not be limited to, the following: 1. Verify finished elevations of ground floor installations, and elevated floors. 2. Verify set-back requirements are being met, as foundations are being installed. 3. Verify finish grade elevations on the site, during the final site grading and finishing work are within tolerance. 4. Verification of as-built conditions, at various contractor break points. These would include: Caisson layout, prior to follow-on contractor, .who will be installing cast-in-p1ace concrete columns. I WW 043 Column layout and vertical alignment, prior to follow-on contractor, who will be installing the precast con- crete. - Verification of alignment/installation of precast pieces. 5. Surveying and layout associated with the wastewater treatment plant.R Expended amounts will be invoiced as work is performed, and at unit prices which have been established by the annual contract with Petsche & Associates. Roll call vote was unanimous. Douglas Fuller addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner London to authorize expenditures for geotechnical services for the New Stock Island Detention Facility against a Monroe County Purchase Order issued to westinghouse Environmental & Geotechnical Services, Inc. for a not-to-exceed cost of $5,300.00. Roll call vote was unanimous. After lengthy discussion, motion was made by Commissioner Cheal and seconded by Commissioner London to authorize proceeding with mucking out necessary areas and bring back to the Board a Change Order not to exceed $50,000.00. Roll call vote was taken with the following results: ..... Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey Yes No Yes Yes Motion carried. The Regular Meeting of the Board of County Commissioners recessed. * * * * * DISTRICT 11 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT --- BOARD OF GOVERNORS The' Board of Governors of District 11 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioners Mickey Feiner, Hal Ha1enza, Douglas Jones, Jack London, and Chairman Earl Chea 1. - Reggie paros, Director of the Division of Public Safety, addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Halenza to approve and authorize execution of an Addendum to the Agreement with Physio Control Corporation for the inspection and maintenance of biomedical equipment in the amount of $3,924.00. Motion carried unanimously. Reggie Paros addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Jones to ww 044: grant approval to remove the fOllowing property from the Lower & Middle Keys Ambulance's inventory: 1417-17 5105-56 5105-56 Motorola Pager Life pak 5 Monitor Life pak 5 Defibrillator Motion carried unanimously. Motion was made by Commmissioner London and seconded by Commissioner Jones to approve and authorize exe- cution of an Agreement with the Islamorada Volunteer Fire Department concerning the lease of two vehicles - 1978 Pierce Quick Attack Rescue Pumper and 1984 Ford E-350. Motion carried unanimously. After discussion, motion was made by Commissioner Jones and seconded by Commissioner Feiner to postpone until later in the day consideration of a request to purchase heavy rescue equipment from AMKUS South, pending receipt of additional backup information. Motion carried unanimously. Motion was made by Comissioner London and seconded by Commissioner Jones to approve removal of the following property from inventory: BIG COPPITT 1430-051 1430-052 1430-053 1430-072 1430-073 STOCK ISLAND 1439-1 1439-10 1439-31 1439-61 1439-80 1439-100 1439-127 MARATHON 1433-19 1433-20 1433-25- 1433-26 1433-39 1433-40 1433-41 1433-42 1433-43 1433-52 1433-53 1433-59 1433-65 1433-67 1433-80 1433-187 through 198 1433-098 1433-261 3210-16 3210-215 3210-217 Minitor Motorola Pager Minitor I Motorola Pager Minitor I Motorola Pager Minitor II Motorola Pager Minitor II Motorola Pager Manual Resuscitators 4 ~" Hard Suction 1" Turbo Nozzle Air Pack (S.C.B.A.) Air Pack (S.C.B.A.) Amp. Charger Minitor II Spotlight Spotlight Plectron P1ectron Water Extinguisher Gated Wye Valve Gated Wye Valve Air Pack (S.C.B.A.) Air Pack (S.C.B.A.) Safety Belt Safety Belt Waterous Pump Gas Welding Kit Spray Gun Chain Saw, Pro Mac Personal Alarms (PASS) Multi-Battery Charger Saw/Zal1 Alternator Air Pack (S.C.B.A.) Air Pack (S.C.B.A.) 1 WW 045 3210-228 3210-229 3210-230 3210-231 Air Pack (S.C.B.A.) Air Pack (S.C.B.A.) Air Cylinder (S.C.B.A.) Air Cylinder (S.C.B.A.) - Motion carried unanimously. The Board then directed that all future requests for property removal must contain acquisition dates. 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. DIVISION OF PUBLIC WORKS David Koppel, Director of Engineering, discussed the Status Report on the Jewfish Creek Bridge and also the current status of three other projects that make up the 18-mile stretch project. Division Director Dent pierce addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to reconsider the award of bid for jani- torial services for the Plantation Key Government Complex which was made on August 28, 1991. Roll call vote was una- nimous. During discussion, motion was made by Commissioner Jones and seconded by Commissioner Cheal to continue until later in the day. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner London to approve the Fee Schedule, Rental Rates and Regulations for Use of Public Facilities, Roads and Bridges in Monroe County. Motion was made by Commissioner Cheal to amend to include that all Monroe County school-sponsored functions are exempt from the fees but add that they will perform their own clean-up, and also to add the following phrase at the end of paragraph 5 under "FEES": ", if the team commits to cleaning up after each use." The amendment was accepted by the maker and seconder. Roll call vote on the motion as amended was unanimous. After discussion, motion was made by Commissioner Jones and seconded by Commissioner London to grant approval to construct a parking lot on Thomas Street, to include lighting and landscaping, and the use of the Road Department equipment and crews for grading, paving, and related tasks, in the approximate amount of $65,000.00 cost to the County using the 1 cent infrastructure sales tax. Motion carried unanimously. Motion was made by Commissioner London and seconded by Mayor Harvey to adopt the following Resolution concerning the transfer of funds in connection with the Truman Annex Parking Lot Project. Motion carried unanimously. RESOLUTION NO. 334-1991 See Res. Book No. 101 which is-Tncorporated herein by reference. ww 046 Motion was made by Commissioner London and seconded by Commissioner Jones to continue a discussion of Harry Harris Park improvements. Motion carried unanimously. The Board discussed a proposed Resolution regarding the creation of a Toll Road System for Jewfish Creek Bridge and Card Sound Road. Commissioner Cheal directed--that the words "tow-lane" in the next to the last line of Paragraph 1 on Page 2 of the proposed Resolution be corrected to read "two-lane". Motion was then made by Commissioner Jones and seconded by Mayor Harvey to adopt, as corrected, the following Resolution requesting the Florida Department of Transportation to initiate and complete within a six-month period a feasibility study concerning the concept of creating a toll road system along u.s. 1 and Card Sound Road in Monroe County to expedite necessary improvements to those primary access and evacuation routes to the Florida Keys at the earliest possible time~ directing the Clerk of the Board to forward copies of this Resolution to the Governor, the Secretaries of the Florida Departments of Transportation and Community Affairs, and the County's legislative delegation. Motion carried unanimously. RESOLUTION NO. 335-1991 See Res.'Book No. 101 which is incorporated herein by reference. Dent pierce and David Koppel addressed the Board. After discussion, motion was made by Commissioner Jones and seconded by Commissioner London to award a bid to Linear Dynamics, Inc. for a pickup truck-mounted striping machine in the amount of $14,995.00, contingent upon receipt of a grant to fund the project. Motion carried unanimously. Division Director Pierce and County Administrator Brown discussed a report and the temporary closing of the Pigeon Key facilities pending correction of specific public safety hazards. The Board was advised that certain imme- diate corrections had been made, that Pigeon Key has been re-opened, that additional corrections were being made, and that the public would be fully advised of all conditions. The Board returned to the subject of clarification of the award of bid for janitorial services for the Plantation Key Government Complex. Motion was made by Commissioner Jones and seconded by Commissioner London to award the bid for janitorial services for the Plantation Key Government Complex to Sacke1 Service Corporation in the amount of $46,380.00 and to authorize execution of contract for same. Roll call vote was unanimous. A representative of the employees of C & S National Bank addressed the Board. Motion was made by Commissioner London and seconded by Mayor Harvey to grant approval to the C & S National Bank of Florida to hold a company picnic at Sombrero Beach on October 6, 1991, and allow them to bring beer and wine only only. Roll call vote was taken with the following results: Commissioner Cheal Commissioner London Mayor Harvey No Yes Yes Motion carried with Commissioner Jones absent from the meeting. WW04Z SHERIFF'S DEPARTMENT - County Attorney Randy Ludacer, Sheriff's Attorney Mark willis, and Sheriff Rick Roth addressed the Board regarding a settlement in McIntyre v. Freeman, et al (the Federal Jail suit). After lengthy discussion, motion was made by Commissioner London and seconded by Mayor Harvey to postpone this matter to the next Regular Meeting and to direct Staff to provide the' Board in the interim with a cost of the proposal, etc. Motion carried unanimously with Commissioner Jones not present. The Board recessed for lunch. * * * * * DISTRICT 41 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT --- BOARD OF GOVERNORS The Board of Governors of District 41 Lower and Middle Keys Fire and Ambulance District reconvened. Present and answering to roll call were Commissoners Mickey Feiner, Hal Halenza, Jack London, and Chairman Earl Cheal. Absent was Commissioner Douglas Jones. Reggie Paros, Director of the Division of Public Safety, addressed the Board. Motion was made by Commissioner Ha1enza and seconded by Commissioner London to waive Monroe County Procurement Policies and Procedures and grant approval to purchase from AMKUS South (sole distribu- tor for the South Florida area) heavy rescue equipment for the Big pine Key Fire Department in the amount of $16,945.13. Motion carried unanimously. There being no further business, the meeting of the Board of Governors of District 41 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * The Board of County Commissioners reconvened with all Commissioners present. DIVISION OF COMMUNITY SERVICES Division Director Peter Horton addressed the Board. After discussion, motion was made by Commissioner London and seconded by Commissioner Jones to grant approval to purchase computer equipment for the Extension Service Department in an amount not to exceed .~ 6,000.00. Roll call vote was una- nimous. - Division Director Horton addressed the Board and clarified that the matter now coming before them should be concerning "reclassification for Airport Employee" and not "pay raise for Airport Employee". County Administrator Brown directed that the record show that this is a very unu- sual procedure and stated he did not believe this was the proper place for this matter. During discussion, motion was made by Commissioner Jones and seconded by Mayor Harvey to hear the Airport employee, Eva Limbert. Roll call vote was taken with the following results: ww 048 Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey No Yes No Yes Motion failed. Ray Limbert then requested permission to speak on behalf of the employee. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to allow Ray Limbert to speak only on the issue of policies and procedures. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey Yes Yes No Yes Motion carried. Ray Limbert then addressed the Board. The Board advised the employee to follow regular County proce- dures in this matter. TOURIST DEVELOPMENT COUNCIL Joe Roth, owner of Holiday Isle Resorts and Marina, addressed the Board. Motion was made by Mayor Harvey and seconded by Commissioner Jones to allow Mr. Roth to continue speaking after the three-minute limit. Roll call vote was taken with the fOllowing results: Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey No Yes No Yes Motion failed. After discussion, motion was made by Commissioner Jones and seconded by Commissioner London to authorize execution of a Local Major Events Agreement with HOliday Isle Resorts & Marina for the ISlamorada/Ho1iday Isle Gran Prix Serices, October 20, 1991 race, in the amount of $5,000.00 and also to authorize execution of a Local Major Events Agreement with Islamorada Chamber of Commerce/ Holiday Isle Resorts & Marina for the Is1amorada Budweiser 100 Offshore Power Boat Race Gold Cup Championship, October 19, 1991 race, in the amount of $20,000.00. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey No Yes Yes Yes Motion carried. DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman addressed the" Board. Motion was made by Commissioner Jones and seconded by Commissioner London to approve Final Payment in the amount of $49,996.50 on Wallace Roberts & Todd's $50,000.00 contract for Comprehensive Plan project organization and development of the Interim Growth Ordinance. Roll call vote was unanimous. I WW 049 ..... Mr. Herman then addressed the Board requesting approval of payment of $7,Ol9.30 to Haben, Culpepper, Dunbar and French and payment of $34,933.18 to Freilich, Leitner, Carlisle & Shortridge for additional services rendered for development of the Interim Growth Control Ordinance. During discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to postpone this matter and to direct Growth Management Staff to confer with the County Attorney and report back to the Board. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey Yes Yes No Yes Motion carried. COUNTY ADMINISTRATOR Lavon Wisher of Public Financial Management, Inc., the County's financial consultant, addressed the Board and made a presentation concerning the selection of the Senior Managing Underwriter(s) for the 1991 Sales Tax Bond Issue (Jail). County Administrator Brown also addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner London to accept Consultant's and Staff's recommendation for the following financing team for the County's proposed Sales Tax Revenue Bonds: - William R. Hough & Co. Smith Barney, Harris Upham & Co. Inc. Co-Senior Manager/ Boo1< Runner Co-Senior Manager/ Non.Book Runner Co-Manager Co-Manager Co-Manager Lehman Brothers Merrill Lynch Capital Markets Prudential-Bache Capital Funding Roll call vote was unanimous. Mayor Harvey then called a Special Meeting for 1:00 p.m. on October 1st in the Chapel at the Public Service Building in Key West for the award of Bonds to the Underwriter, and also advised the Board members that the Pre-Closing would be on October 14th and the Closing on October 15th. COMMISSIONERS' ITEMS Mike Langton of Langton Associates addressed the Board regarding extension/renewal of his firm as Grants Consultant. Motion was made by Commissoner London and seconded by Commissioner Jones to authorize a contract with Langton Associates, effective September 1, 1991 in the amount of $34,000.00, to be brought back to the Board for final execution approval. Roll call vote was unanimous. - DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman addressed the-Board regarding FEMA requirements and elevation of mobile homes. No action was taken by the Board. Mr. Ralph Smith addressed the Board regarding cer- tain Land Use District designations in Coco Plum Subdivision. Lorenzo Aghemo, Planning Director, also ww 050 addressed the Board. After lengthy discussion, motion was made by Commissioner Jones and seconded by Commissioner London to adopt the fOllowing Resolution confirming the Administrative' Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 62, a part of Lot 13, Block 12, and a part of Lot 13, Block 13, Coco Plum Subdivision, Fat Deer Key, Monroe County, Florida, approximately MM 54. Roll call vote was unanimous. RESOLUTION NO. 336-1991 See Res. 'Book No. 101 which is incorporated herein by reference. MUNICIPAL SERVICE DISTRICT and COMMISSIONERS' ITEMS Municipal Service District Director Barry Boldissar and the Board entered into a lengthy discussion regarding the proposed purchase of the District Three garbage collec- tion franchise from Irv Baltuff and the requested. lease/purchase approval for refuse collection vehicles by the County. After an extended discussion, motion was made by Commissioner Jones and seconded by Commissioner Cheal to direct Staff to acquire an appraisal of Baltuff's property, business and fixed assets as quickly as possible. Roll call vote was unanimous. Motion was then made by Commissioner Cheal and seconded by Commissioner London to continue to the next meeting the request for the lease/purchase of three Mack refuse collection vehicles. Motion carried unani- mously. DIVISION OF MANAGEMENT SERVICES Motion was made by Commissioner Cheal and seconded by Commissioner Jones to accept Staff recommendation to renew with Florida Municipal Property Self-Insurers Program (FMPSIP) for County vehicles, other than Public Safety, and to purchase Public Safety coverages from Volunteer Fire Insurance Services (VFIS) - Total Premiums: FMPSIP = $24,623.00~ VFIS - $69,269. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve payment of Tourist Development Council expenditures in the amount of $40,122.76 (Input Date 8/27/91), subject to final invoice approval by the County Finance Department. Motion carried unanimously. COUNTY ATTORNEY Randy Ludacer, County Attorney, addressed the'Board briefly on the following matters: the Florentino Gonzalez case, Brian Schmitt v. Monroe County, the Summary Judgment which has been granted in the County's favor in the DER/Airport Mangroves case, the Department of Revenue/ Airport sales tax matter, and the George deCarion case. Mr. Ludacer advised the Board of a conflict of interest con- cerning the De Carion case. Motion was made by Commissioner Jones and seconded by Mayor Harvey to authorize the County Attorney to employ Attorney Jimmy Hendrick to represent I ww 051 Monroe County concerning the DeCarion Case at a final cost of $300.00. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Cheal to grant permission to advertise for Public Hearing a proposed Ordinance authorizing the County Administrator to execute Change Orders not to exceed $25,000.00 without approval of the Board of County Commissioners on certain capital projects. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner London declaring an emergency exists and waiving the requirements of advertising under the provisions of Florida statutes l25.66 and waiving notice by a four- fifths vote to adopt the following Emergency Ordinance amending Sec. 6-23, Monroe County Code, in order to clarify that Building Code violations may be prosecuted in any manner provided by County Ordinance or by Statute including prosecution before the Code Enforcement'Board~ providing for severability~ providing for repeal of all Ordinances incon- sistent herewith~ providing for incorporation into the Monroe County Code~ and providing an effective date. Motion carried unanimously. ORDINANCE NO. 026-1991 See Ord.Book: No. 26 which is incorporated herein by reference. - Father Anthony Mullane addressed the. Board con- cerning a proposed Agreement to construct recreational faci- lities at St. Peter's Church on Big pine Key. Motion was made by Commissioner London and seconded by Commissioner Jones to authorize execution of a Lease Agreement with Edward A. McCarthy as Archbishop of the Archdiocese of Miami regarding construction of recreational facilities at St. Peter's Church on Big pine Key. Motion was made by Commissioner Cheal to amend to include the addition of Paragraph 19-A to read: "In the event the Lessor decides to sell the realty, the Lessee shall have first right of refusal for thirty days to pur- chase the property at the same price and conditions as the other offer." The amendment was accepted by the maker and seconder. Roll call vote on the motion as amended was unanimous. COMMISSIONERS' ITEMS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the following Resolution directing the Director of the Municipal Service District, along with the Solid Waste Task Force and the County Attorney, to immediately proceed to prepare Requests For Proposals to establish a non-burn technology solid waste management program for Monroe County. Motion carried unani- mously. RESOLUTION NO. 337-1991 See Res. Book No. 101 which iSlncorporated herein by reference. Commissioner Cheal addressed the-Board concerning consideration of a change to the Marathon Airport traffic ww 052 pattern to reduce noise and increase safety and efficiency. The following persons addressed the Board: Thea Ramsey, Charles Smith, Ross Ferland, and Marathon Airport Manager Charles Knighton. After further discussion, Commissioner Cheal withdrew this item from the Agenda. Growth Management Director Bob Herman addressed the Board concerning a discussion of analysis of DCA appeals. Motion was made by Commissioner Cheal and seconded by Commissioner London to accept Staff's recommendation to direct the County Planning Staff to meet with the DCA Planning Staff to resolve the reasons which are causing the appeals and also to direct the County Planning Staff to adhere to the strict interpretation of the LDR's, thus giving DCA less cause to appeal development orders. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey Yes No Yes Yes Motion carried. Sheriff Rick.. Roth addressed the Board concerning a proposed gun range in the Lower Keys for the Sheriff's Department. Motion was made by Commissioner Jones and seconded by Commissioner London to instruct Staff, in cooperation with the Sheriff, to go forward with preparing a report concerning a site in the Lower Keys for a proposed gun range for the Sheriff's Department and return to the Board with a plan therefor. Roll call vote was unanimous. Motion was made by Mayor Harvey and seconded by Commissioner London to approve travel for Frank Butler for his attendance at the Florida Shore and Beach Preservation Association Meeting from 9/11/91 - 9/13/91 in Stuart, Florida. Motion carried unanimously. Motion was made by Commissioner London and seconded by Mayor Harvey to approve the request by the Organized Fishermen of Florida to use Sombrero Beach on September 29, 1991 from 12:00 Noon to 5:00 p.m. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to amend the original motion to include the wording "without alcohol". The amendment was not accepted by the maker. Roll call vote on the amendment was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey Yes Yes No No Motion failed. Roll call vote on the original motion was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey No No Yes Yes Motion failed. Motion was then made by Commissioner Cheal and seconded by Commissioner Jones to allow the picnic without alcohol. Roll call vote was taken with the following results: ww 053 Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey Yes Yes No Yes Motion carried. -- Motion was made by Mayor Harvey and seconded by Commissioner Jones to direct Staff to contact the Florida Department of Transportation concerning the repairs to US-l on Cudjoe Key. Motion carried unanimously. Mayor Harvey advised the-Board of the first Steering Committee meeting of the Water Quality Protection Program for the Florida Keys National Marine Sanctuary to be held on September 30, 1991 at Hawk's Cay Resort on Duck Key. COUNTY ADMINISTRATOR County Administrator Tom Brown presented to the Board information concerning releases by the Sheriff's Department due to the Federal Court Order. Mr. Brown recommended to the Board that Engineering Director David Koppe11 attend a hearing of the Oversight Committee for the Florida Transportation Commission at 8:30 a.m. on October 10, 1991 at the Metro-Dade Justice Center to discuss local tranportation issues concerning hurricane eva- cuation problems on US-1 and the eighteen-mile stretch in the Keys. The County Administrator advised the Board of the resignation of Joe Thompson as Director of Veterans Affairs. Mr. Brown advised the Board that County Staff was meeting with Key West City Staff to cooperate in locating and providing for a Construction Debris Recycling and Disposal Site for joint use in the Lower Keys. COMMISSIONERS' ITEMS Motion was made by Mayor Harvey and seconded by Commissioner Jones to approve travel and expenses for any Commissioner or Staff member to attend the first Steering Committee meeting of the Water Quality Protection Program for the Florida Keys National Marine Sanctuary to be held on September 30, 1991 at Hawk's Cay Resort on Duck Key. Motion carried unanimously. COUNTY ADMINISTRATOR ~ Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve a one-month extension of the current Agreement with G2 Enterprises, Inc. d/b/a Five 6's Cab Company for Veterans Affairs van service, for transpor- tation services for vererans from the Lower Keys to Miami. Motion carried unanimously. CLERK'S OFFICE Commissioner Cheal wished to clarify that in the Minutes of the Board of County Commissioners meeting of August 28, 1991 that his "No" vote on Pages WW015 and WW016 ww 054 concerning the Tourist Development Council items was due to the fact that the Tourist Development Council Budget was not adopted at that time. By acclamation, the Board officially approved the Minutes of the August 28, 1991 meeting. There being no further business, the meeting was adjourned. * * * * *