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02/06/1992 SpecialXX 061 Special Meeting Board of County Commissioners Thursday, February 6, 1992 Key Colony Beach A Special Meeting of the Monroe County Board of County Commissioners convened at 11:00 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 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 approve the amended Agenda. Motion carried unanimously. PUBLIC HEARING A Public Hearing was held on a proposed Ordinance establishing a Security District for the residential islands of Duck Key, Monroe County, Florida, as authorized by Section 125.01, Florida Statutes; providing for the establishment of a governing body of the district; providing for an advisory board for the district; providing for district powers including the power to levy non- ad valorem assessment against real property within the district for district purposes; providing for fiscal management; pro- viding for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incor- poration into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. The following individuals addressed the Board: R. H. Wolf, Sheldon Evans, Richard Marlin, Crawford Adams, Charles Kuhn, Harry Keller, Gene Hinton, Walter Bachman, Edward Bayer, Ralph Rallen, Neil Collins, George Toop, C. W. Knighton, H. Hortman, Lloyd Munson, Ben Grobz, Johanna Kuhn, Emil Lockwood, Ray Larson, Marvin Cohen, Frank Greenman. Mr. Greenman discussed some proposed amendments to the Ordinance. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to continue until later in the day to allow the parties to review proposed amendments to the Ordinance. Motion carried unanimously. The Board recessed for lunch. 062 sent. The Board reconvened with all Commissioners pre- COMMISSIONERS' ITEMS Motion was made by Mayor Harvey and seconded by Commissioner Jones to reconsider the Board's action of January 29th concerning the Career Service Council. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner London to rescind the Board's pre- vious action. Roll call vote was unanimous. PUBLIC HEARING The Board continued its discussion of the proposed Ordinance concerning a Security District for the residential islands of Duck Key. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the following Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 005-1992 See Ord. Book No. 27 which is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Jones discussed the Florida Department of Transportation's policy concerning the issuance of per- mits to temporarily close bridges. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve a Resolution directed to the Florida Department of Transportation indicating the Board's opposition to that practice. During discussion, the motion was withdrawn. The item was referred to Staff to bring back an appropriate Resolution. COUNTY ADMINISTRATOR The Board entered into a discussion of the contract with Gonzalez Architects concerning the renovation of Truman School, Jackson Square parking lot and other County facili- ties. County Attorney Randy Ludacer discussed some proposed amendments to the contract as follows: 1. The signatures are in the midddle of the contract instead of the end. That section should be moved to Page B727-6e. 2. A clause which should be added to two places in the contract - as Paragraph 11.12 on Page B727-6e and again in Exhibit A on Page B141CM-llz - and which will read as follows: "Should any claims be asserted against the owner by virtue of any deficiency or ambiguity in the plans or specifica- tions provided by the architect, the architect agrees and warrants that he shall hold the owner harmless and shall indemnify him from all losses incurred thereby and further shall defend any claim or action on the owner's behalf." XX 063 3. Deletion of the arbitration clauses that appear in Paragraph 7.1 in the contract and Paragraph 9.1 in Attach- ment A which is also part of the contract. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve and authorize execution of the contract with the foregoing changes set out by the County Attorney. Roll call vote was unanimous. COMMISSIONERS' ITEMS Motion was made by Commissioner Jones and seconded by Commissioner London to add to the Agenda a discussion of Truman School. Motion carried unanimously. Commissioner Jones discussed the possible temporary use of some part of the Truman School facility as a homeless shelter. This matter was referred to Staff for review and report back to the Board. There being no further business, the meeting was adjourned.