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.
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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."
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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.