06/29/1992 RegularYY 146
Regular Meeting
Board of County Commissioners
Monday, June 29, 1992
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
in Courtroom B of the Monroe County Courthouse Annex in Key
West.. Present and answering to roll call were Commissioner
Earl Cheal, Commissioner Doug Jones, Commissioner Jack
London, Commissioner John Stormont, and Mayor Wilhelmina
Harvey. Also present were Danny Kolhage, Clerk; Rosalie
Connolly, Deputy 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 the Pledge of
Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to approve additions, deletions and
corrections to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Jim Dore, Public Works Division's Safety
Representative, was presented with the Monroe County
Quarterly Individual Safety Award for January - March 1992.
A Mayor's Proclamation was presented proclaiming
the week of July 12 - 18, 1992 as Reef Awareness Week in
Monroe County.
Camilla M. Smith, Office Assistant II at Bayshore
Manor, Division of Community Services, was presented with
the April Employee of the Month Award.
BULK APPROVALS
Motion was made by Mayor Harvey and seconded by
Commissioner Stormont to approve the following items by una-
nimous consent:
Board approved and authorized execution of Addendum to Lease
Agreement with Mrs. Arthur Mulberg for use of the property
located at 1315 Whitehead Street for one additional year in
the amount of $6,750.00 per month.
Board approved and authorized execution of a Memorandum of
Understanding with the State of Florida Department of
Transportation concerning telemetered traffic monitoring on
Big Pine Key.
Board approved and authorized execution of Change Order
No. 1 to the contract with Nolan Enterprises & Inner Space
Services, Inc. for the Lower Matecumbe Beach Improvements
Project, said change order resulting in a decrease in the
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amount of $580.00 and in an increase of sixty days.
Board approved and authorized execution of Agreement between
Florida Department of Highway Safety and Motor Vehicles,
Division of Driver Licenses, and Monroe County (Michael
Lowe) regarding Commercial Driver License Third Party
Tester.
Board approved and authorized execution of Change Order
No. 1 to the contract with Mowrey Elevator Company, Inc. for
installation of the new elevator at the Courthouse Annex for
changes which would simplify installation.
Board adopted the following Resolution requesting that the
Supervisor of Elections place on the November 3, 1992
General Election Ballot a referendum question concerning the
creation of a Municipal Service Street Taxing District for
the subdivision known as Tropical Key Colony, Big Pine Key,
for the purpose of financing the repaving, reconstruction
and repair of streets and roads in said District.
RESOLUTION NO. 310-1992
See Res. Book No. 109 which is incorporated herein by
reference.
Board granted approval for the Budget Workshop to be held on
July 20 - 22, 1992 at the Key Colony Beach City Hall.
Board adopted the following Resolutions concerning the
receipt of unanticipated funds.
RESOLUTION NO. 311-1992
RESOLUTION NO. 312-1992
See Res. Book No. 109 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning the
transfer of funds.
RESOLUTION NO. 313-1992
RESOLUTION NO. 314-1992
RESOLUTION NO. 315-1992
See Res. Book No. 109 which is incorporated herein by
reference.
Board approved and authorized execution of Interlocal
Agreement with the School Board of Monroe County concerning
use of Harris School as a temporary library facility.
Board approved and authorized execution of Development
Project Grant Agreement (Contract No. C7735) with State of
Florida Department of Natural Resources, Boating Improvement
Program, for emergency repair of Channel Marker #12 in
Tavernier Creek.
Board adopted the following Resolution authorizing the
filing of a Grant Application with the Florida Department of
Natural Resources Boating Improvement Fund and directing
execution of same for the replacement of destroyed Channel
Marker #2 in Duck Key.
RESOLUTION NO. 316-1992
See Res. Book No. 109 which is incorporated herein by
reference.
Board awarded bid to, and approved and authorized execution
of Agreement with, Frank Keevan & Son, Inc. for the
YY "14 8
emergency repair of Channel Marker #2 in Duck Key in the
amount of $2,347.00.
Board approved Subgrant Agreement and Grant Application with
The National Council on the Aging, Inc./SCSEP for the period
7/1/92 to 6/30/93 concerning the Senior Community Service
Employment Program.
Board approved a Vegetation Management Plan for Key West
International Airport.
Board approved and authorized execution of Community Care
for Disable Adults Continuation Funding Application and CCDA
Contract with State of Florida Department of Health and
Rehabilitation Services.
Board accepted Staff recommendation to award surplus pro-
perty to the following high bidders:
0978-6
1981
Ford Pickup
Edward
Hoffman
$ 376
0940-147
F-600
Stake Body
Harry
Ludwig
$1,252
4102-183
1974
Oil Distributor
Jerome
Baker
$1,226
0903-511
1984
Diplomat
Cherie
Croteau
$ 50
0940-51
1981
Ford F-600 Dump Truck
Jerome
Baker
$1,256
0920-399
1983
Dodge Crew Cab
Eugene
Collins
$ 377.
Board accepted Staff recommendation to reject bids for
following surplus property and readvertise with upcoming
surplus:
4102-115 1972 Galion Roller
Board approved Staff recommendation to accept late bid for
surplus property as follows:
0903-628 1979 E1 Camino
William Duran $ 30
Board granted approval to advertise for bids for janitorial
service at the J. Lancelot Lester Justice Building.
Board granted approval to advertise for bids for Lower
Matecumbe Bike Path and to fund project using Impact Fees
and Constitutional Gas Tax Revenues.
Board granted approval to advertise for Public Hearing a
proposed Ordinance creating a Municipal Service Street
Taxing District for Tropical Key Colony Subdivision, Big
Pine Key.
Board granted approval to advertise a Request For Proposals
for hazardous waste collection and disposal services.
Board approved removal of the following surplus property
from Social Services/In-Home Services Inventory and adver-
tisement for sale thereof:
1815-7 1980 Dodge Van
Board approved and authorized execution of Preliminary/
Letter Contract with South Florida Employment and Training
Consortium, Contract 2-PY'92-47-00, Title IIA Intake/
Assessment Program.
Board adopted the following Resolutions concerning the
receipt of unanticipated funds.
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RESOLUTION NO. 317-1992
RESOLUTION NO. 318-1992
RESOLUTION NO. 319-1992
RESOLUTION NO. 320-1992
RESOLUTION NO. 321-1992
RESOLUTION NO. 322-1992
RESOLUTION NO. 323-1992
r-- RESOLUTION NO. 324-1992
See Res. Book No. 109 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning the
transfer of funds.
RESOLUTION NO. 325-1992
RESOLUTION NO. 326-1992
See Res. Book No. 109 which is incorporated herein by
reference.
Board granted approval to advertise for bids concerning the
Marathon Airport Terminal Complex.
Board approved and authorized execution of Interlocal
Agreement with the School District of Monroe County for the
Summer Recreation Program in the amount of $97,750.00.
Board adopted the following Resolution amending Resolution
No. 300-1992 concerning the receipt of unanticipated funds.
RESOLUTION NO. 327-1992
See Res. Book No. 109 which is incorporated herein by
reference.
Board adopted the following Resolution amending Resolution
No. 283-1992 concerning the transfer of funds.
RESOLUTION NO. 328-1992
See Res. Book No. 109 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 281-1992 concerning the receipt of unanticipated funds.
RESOLUTION NO. 329-1992
See Res. Book No. 109 which is incorporated herein by
reference.
Board adopted the following Resolution concerning the
transfer of funds.
RESOLUTION NO. 330-1992
See Res. Book No. 109 which is incorporated herein by
reference..
Board adopted the following Resolution amending Resolution
No. 044-1992 concerning the receipt of unanticipated funds.
RESOLUTION NO. 331-1992
See Res. Book No. 109 which is incorporated herein by
reference.
Board adopted the following Resolution concerning the
receipt of unanticipated funds.
RESOLUTION NO. 332-1992
See Res. Book No. 109 which is incorporated herein by
reference.
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Board approved and authorized execution of permits w/FDOT,
etc. for Tavernier 4th of July Parade.
CONSTRUCTION PROGRAM MANAGEMENT - MK/G
Board approved and authorized execution of Contract with
Petsche & Associates for Professional Land Surveying and
Geotechnical Investigative Services.
Board accepted Staff recommendation to award bid (Bid
Package No. 34) and authorize execution of Contract KJ-021,
Gypsum Board, Lath & Plaster, for the New Detention Facility
with Wentworth Plastering Company of Boca Raton, Inc. in the
amount of $681,000.00, pending receipt from contractor of
executed contract, bond and insurance.
Board accepted Staff recommendation to approve and authorize
execution of Deductive Change Order No. 01-008-002 to
contract with J. F. Hoff Electric Co. for the New Detention
Facility in the deductive amount of $12,714.45 and authorize
issuance of County Purchase Orders to Hughes Supply, Inc.
Board accepted Staff recommendation to approve and authorize
execution of Change Order No. KJ-005-004 to contract with
Pomco Associates, Inc. for the New Detention Facility in the
increased amount of $15,978.00.
Board accepted Staff recommendation to approve Modification
#9 to Hansen -Lind -Meyer Contract and to approve and
authorize execution of Change Order No. 01-005-005 for costs
associated with the structural review required as a result
of the crane accident at the New Detention Facility.
DIVISION OF PUBLIC WORKS
Board accepted Staff recommendation to grant the request
from Save -A -Turtle Organization to use Sombrero Beach on
September 12, 1992 from 2:00 p.m. till dusk and to sell
tickets for dinner and for raffles contingent upon the
following conditions being met:
1. Hold Harmless Agreement being
furnished to Public Works Department
prior to event.
2. No clean-up fee waiver; $100.00 to be
paid to Public Works Department prior
to event.
Board approved closing of Pigeon Key, effective 9/30/92.
DIVISION OF GROWTH MANAGEMENT
Board approved Supplemental Joint Participation Agreement
with Florida Department of Transportation regarding comple-
tion of the Long Range Transportation Plan.
Board approved and authorized execution of First Amendment
To Agreement For Consulting Services and Phase 2
($30,000.00) with Barton-Aschman Associates, Inc. regarding
completion of a Long Range Transportaton Plan.
Board accepted Staff recommendation to grant request by Alan
Miller and Hohokus Group, Inc. to extend the limitation on
yy 151
approval of a preliminary plat on part of Government Lot 2,
Section 29, Township 665, Range 28E, Cudjoe Key.
Board adopted the following Resolution affirming Planning
Commission Resolution No. 14-92 granting a Development Order
for the request filed by Monroe County for approval of a
Major Conditional Use allowing expansion of the Marathon
Airport, which will include a new terminal complex, and
aircraft apron and parking area expansion; the property is
located at 9000 Overseas Highway, and is described as being
situated in Section 2, Township 66 South, Range 32 East,
Tallahassee Meridian, Key Vaca, Monroe County.
RESOLUTION NO. 333-1992
See Res. Book No. 109 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 196-1992 which authorized the Mayor to execute, on
behalf of Monroe County, an Agreement between the Florida
Department of Community Affairs, Monroe County, Homes Amera
Corporation and Sweetwater Homes, Inc., and directing the
Building Official to amend Permit No. 9110002747 and to
rescind Permit Nos. 9110002745, 9110002746, 9110002744 and
9110002743 concerning Lots 24, 25, 26, 27 and 28, Block 5,
Pine Key Yacht Club Subdivision, Big Pine Key, Monroe
County, Florida, approximately Mile Marker 30.
RESOLUTION NO. 334-1992
See Res. Book No. 109 which is incorporated herein by
reference.
r- Board adopted the following Resolution authorizing the Mayor
to execute, on behalf of Monroe County, an Addendum to an
Agreement between the Florida Department of Community
Affairs, Homes Amera Corporation and Sweetwater Homes, Inc.,
which Addendum makes Monroe County a party to the Agreement,
which Agreement directs the Building Official to amend
Permit No. 9110002747 and to rescind Permit Nos. 9110002745,
9110002746, 9110002744 and 9110002743 concerning Lots 24,
25, 26, 27 and 28, Block 5, Pine Key Yacht Club Subdivision,
Big Pine Key, Monroe County, Florida, approximately Mile
Marker 30.
RESOLUTION NO. 335-1992
See Res. Book No. 109 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
1. R. K. Exteriors & Aluminum Products, in the
amount of $39,315.80 (Final Payment), for
installation of hurricane shutters at Glynn
Archer, Sugarloaf and Stanley Switlik Schools.
2. Emcee Broadcast Products, in the amount of
$39,315.80 (Final Payment), for Grassy Key
Translator Site Upgrade.
3. Muller, Mintz, Kornreich, Caldwell, Casey,
Crosland & Bramnick, in the amount of
$1,993.24, for professional services through
May 31, 1992.
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Board approved and authorized execution of Agreement between
Metropolitan Dade County, the Cities of Miami, Hialeah and
Miami Beach, and Monroe County concerning the South Florida
Employment and Training Consortium.
COUNTY CLERK
Board approved the following Warrants:
WORKERS COMPENSATION FUND (501), #3854-#3862, in
the amount of $31,863.18.
UPPER KEYS TRAUMA DISTRICT (722), #125-#126, in the
amount of $2,239.75.
TRANSLATOR FUND (712), #359-#360, in the amount of
$11,869.36.
TOURIST DEVELOPMENT COUNCIL (107-111, 116-121),
#768-#769, in the amount of $90,088.67.
SUPPLEMENT TO GENERAL REVENUE FUND (002),
#423-#424, in the amount of $25,103.19.
FL TRUST FUND (600, 601), #1021, in the amount of
$379.64.
SALES TAX BOND ANTICIPATION NOTE (305), #68-#69, in
the amount of $1,868.37.
ROAD AND BRIDGE OPERATING (102), #709-#710, in the
amount of $263,347.39.
ROAD AND BRIDGE SPECIAL PROJECTS (102), #07, in the
amount of $1,615.00.
RISK MANAGEMENT FUND (503), #180-#181, in the
amount of $4,674.96.
PLANNING, BUILDING, & CODE ENFORCEMENT/PARKS &
BEACHES UNINCORPORATED (716, 717), #371-#375, in the amount
of $191,399.53.
MSD TAXING DISTRICTS (705, 706, 719), #660-#664, in
the amount of $63,933.56.
MSD TAX DISTRICT (104), #1644-#1645, in the amount
of $45,505.57.
MSD PLEDGED FUNDS (104), #271, in the amount of
$300,000.00.
LAW LIBRARY FUND (103), #364-#365, in the amount of
$1,016.21.
GROUP INSURANCE FUND (502), #514-#517, in the
amount of $402,060.95.
GENERAL REVENUE FUND (001), #171342-#172214, in the
amount of $4,187,380.62.
FINE & FOREFEITURE FUND (101), #1264-#1266, in the
amount of $1,715,028.02.
FAIR SHARE IMPROVEMENT TRUST FUND (310, 314)
#90-#91, in the amount of $16,349.43.
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CARD SOUND BRIDGE FUND (401), #421-#422, in the
amount of $6,970.02.
CAPITAL PROJECTS FUND (301), #548-#551, in the
amount of $466,651.10.
AIRPORT OPERATION & MAINTENANCE FUND (004), #711-
#713, in the amount of $500,544.22.
ROAD & BRIDGE (102), #07, in the amount of
$1,770.00.
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Care Center
for Mental Health, in the amount of $1,000.00.
COURT -APPOINTED ATTORNEYS, Maria Betancourt, in the
amount of $1,527.20; Leonard Mikul, in the amount of
$3,885.86; Joseph Wolkowsky, in the amount of $245.00;
Charles Everett, in the amount of $560.00; Kathryn Yates, in
the amount of $926.00; Stephen S. Isherwood, in the amount
of $350.00; Timothy Nicholas Thomes, in the amount of
$350.00; William Kuypers, in the amount of $5,276.00;
Merrell F. Sands, in the amount of $1,253.75; Candida Cobb,
in the amount of $1,697.50; David Manz, in the amount of
$454.50.
OTHER EXPENSES, State of Florida, in the amount of
$302.50; David Burns Investigations, in the amount of
$850.00; Key West Instant Images, in the amount of $49.01.
EXTRADITION, Richard Roth, in the amount of
$5,197.50.
COURT REPORTER SERVICES, Associated Court
Reporters of Monroe County, in the amount of $768.50;
Florida Keys Reporting, in the amount of $1,003.00; Kathleen
Fegers, in the amount of $30.00; Lisa Roeser, in the amount
of $170.50; Nancy J. Maleske, in the amount of $3,503.25;
Amy Landry, in the amount of $30.00; Broward Reporting
Service, in the amount of $30.00; NRUP, Vouvakis &
Associates, in the amount of $20.00; Tara Martin, in the
amount of $157.70; Nancy Stover-Metzke, in the amount of
$149.50; Cathy H. Webster, in the amount of $317.00.
COURT INTERPRETER SERVICES, Mayda Maloney, in the
amount of $50.00; Jose Menendez, in the amount of $395.00;
Juan Borges, in the amount of $230.00; Luis Sanchez, in the
amount of $130.00; Margarita Oppermann, in the amount of
$380.00; Fermin Pastrana, in the amount of $45.00; Ute Rohe,
in the amount of $25.00; Eva Bartczak, in the amount of
$35.00; Susan Tellez, in the amount of $140.00; Tomasz
Gadomski, in the amount of $30.00; Malforgata Borkowska, in
the amount of $50.00; William Waddell, in the amount of
$165.00.
EXPERT WITNESS, Guillermo D. Marcovici, in the
amount of $400.00; Richard Hellmann, in the amount of
$1,000.00.
WITNESS TRAVEL, in the amount of $61.67.
Board officially approved the Minutes of the following
YY 154
meetings of the Board of County Commissioners:
5/15/92, 5/18/92, 5/19/92, 5/21/92, 5/28/92
Motion carried unanimously.
MISCELLANEOUS
Bonnie Tynes, President of Justice in Taxation,
Inc., addressed the Board. After lengthy discussion, motion
was made by Commissioner Stormont and seconded by
Commissioner Cheal to prepare and bring back to the Board
for adoption a Resolution indicating that the Board of
County Commissioners supports any and all efforts in
attempting to resolve the School Funding Formula inequities,
whether they be by State or Federal means, and urging the
School Board and other municipalities of Monroe County to
identically support such action. Roll call vote was unani-
mous. Motion was then made by Commissioner Cheal and
seconded by Commissioner Jones to allow Commissioner Jones
to participate as the County's observer, but not as a voting
member of any aspect of the committee, and to direct that
Commissioner Jones be authorized to express the County's
sentiments. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Mayor Harvey and seconded by
Commissioner Cheal to approve the purchase in the amount of
$79,848.00 of one truck with roll -off hoist from Mack Sales
of Florida (only bidder meeting specifications) to transport
existing roll -off recycling containers. Roll call vote was
taken with the following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Cheal
Yes
Jones
No
London
Yes
Stormont
Yes
Yes
Motion was made by Commissioner Cheal and seconded
by Commissioner Stormont to approve the purchase in the
amount of $27,467.52 of one aluminum/steel can densifier/
baler from CP Manufacturing, Inc. (the lowest bidder) to
handle the cans for recycling. Roll call vote was taken
with the following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Cheal
Yes
Jones
No
London
Yes
Stormont
Yes
Yes
Motion was made by Commissioner Cheal and seconded
by Commissioner Stormont to waive purchasing policies and
procedures and approve the lease/purchase in the amount of
$23,124.00/year for five years of one horizontal baler with
conveyer from International Baler Corporation (the low bid-
der) which will provide flexibility for possible changes in
the recycling system. Roll call vote was taken with the
yy 15 5
following results:
Commissioner
Cheal
Yes
Commissioner
Jones
No
Commissioner
London
Yes
Commissioner
Stormont
Yes
Mayor Harvey
Yes
Motion carried.
. County Administrator Tom Brown, Community Services
Division Director Peter Horton, and Melonie Bryan from OMB
addressed the Board. Motion was made by Commissioner Cheal
and seconded by Commissioner Jones to grant approval to
advertise for a Public Hearing at 5:05 p.m. on July 16, 1992
at the Chapel on Stock Island regarding the implementation
of a Passenger Facility Program at the Key West
International Airport. Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded
by Mayor Harvey to grant approval to advertise for a Public
Hearing at 5:05 p.m. on July 20, 1992 at the City Hall in
Key Colony Beach regarding the implementation of a Passenger
Facility Program at the Marathon Airport. Motion carried
unanimously.
CONSTRUCTION PROGRAM MANAGEMENT - MK/G
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to authorize expenditures for
user requested changes to the construction for the Jail as
set out on the "Additional Information" sheet attached
hereto and made a part hereof (Exhibit A) and granted
authorization to proceed with the work for the Not To Exceed
values shown, with documentation to follow at the next Board
meeting. Roll call vote was taken with the following
results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Cheal
Yes
Jones
No
London
Yes
Stormont
Yes
Yes
Motion was made by Commissioner Cheal and seconded
by Mayor Harvey to accept Staff recommendation to approve
and authorize execution of Change Order No. 01-001-009 to
Contract No. KJ-001, Site Grading and Caissons, with
Toppino's Inc. for the New Detention Facility, in the
decreased amount of $6,630.00 for deleting the silt fence
from the Scope of Work. Roll call vote was taken with the
following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Cheal
Yes
Jones
No
London
Yes
Stormont
Yes
Yes
Motion was made by Commissioner Cheal and seconded
by Mayor Harvey to accept Staff recommendation to approve
and authorize execution of Change Order No. 01-001-010 to
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Contract KJ-001, Site Grading and Caissons, with Toppino's
Inc. for the New Detention Facility, in the increased amount
of $2,456.70 regarding entrance road revisions. Roll call
vote was taken with the following results:
Commissioner
Cheal
Yes
Commissioner
Jones
No
Commissioner
London
Yes
Commissioner
Stormont
Yes
Mayor Harvey
Yes
Motion carried.
Motion was made by Commissioner Cheal and seconded
by Mayor Harvey to accept Staff recommendation to approve
and authorize execution of Change Order No. 01-001-011 to
Contract KJ-001, Site Grading and Caissons, with Toppino's
Inc. for the New Detention facility, in the increased amount
of $12,520.70 regarding unsuitable material excavation/
disposal. Roll call vote was taken with the following
results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Cheal
Yes
Jones
No
London
Yes
Stormont
Yes
Yes
Motion was made by Commissioner Cheal and seconded
by Commissioner Stormont to accept Staff recommendation to
award bid (Bid Package No. 42) and authorize execution of
Contract KJ-020, Asphaltic Concrete Paving, for the New
Detention Facility with The Brewer Company of Florida, Inc.
in the amount of $71,312.71. Roll call vote was taken with
the following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Cheal
Yes
Jones
No
London
Yes
Stormont
Yes
Yes
County Attorney Randy Ludacer addressed the Board
regarding the request for approval to reduce contract
retainage amount to 5% for Benson Electric Contract No.
KJ-002, Site Electrical, for the New Detention Facility.
Mr. Ludacer recommended disapproval. Doug Fuller addressed
the Board. Motion was made by Commissioner Cheal and
seconded by Commissioner Jones to postpone. During
discussion, the motion was withdrawn. After further
discussion, motion was made by Commissioner Cheal and
seconded by Commissioner Stormont to disapprove the request
and to indicate that it is the policy of the Board to retain
10% until completion of contracts. Roll call vote was una-
nimous.
DIVISION OF PUBLIC WORKS
The Board discussed the request from the Upper Keys
Jaycees for a fee waiver to use Harry Harris Park's softball
fields on July 12, 1992 from 11:00 a.m. till 7:00 p.m. for a
softball tournament and to sell raffle tickets. Motion was
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made by Commissioner Cheal and seconded by Commissioner
Jones to accept Staff's recommendation for denial of clean-
up fee waiver and for the $100.00 fee to be provided to the
Public Works Division prior to the event. Roll call vote
was unanimous.
Engineering Director David Koppel addressed the
Board. The Board entered into a discussion regarding alter-
natives for sewage treatment at Harry Harris Park. Motion
was made by Commissioner Stormont and seconded by
Commissioner Cheal to approve Staff's recommendation for
basic legal requirements of law for a septic system. Motion
was made by Commissioner Cheal and seconded by Commissioner
Jones to amend to include a mound system for the drainfield
and that the standards be better than the State -required
standards. The amendment was accepted by the maker of the
original motion and made a part thereof. Roll call vote was
taken with the following results:
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner London No
Commissioner Stormont Yes
Mayor harvey Yes
Motion carried. Staff was directed to bring back for recom-
mended funding.
Engineering Director David Koppel, Community
Services Division Director Peter Horton, and Planning
Director Lorenzo Aghemo addressed the Board regarding the
renovation work at the Key West Airport's Customs Facility.
,._. After extended discussion, motion was made by Commissioner
Cheal and seconded by Commissioner London to accept Staff's
recommendation to reject the bids received for the air-
conditioning work, to approve waiving all bonding require-
ments, and to grant permission to seek new proposals for the
air-conditioning work. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Bill Irby, President of Life Center Foundation,
Inc., addressed the Board regarding funding. Carl Koch,
Michael Burns and Louis LaTorre also addressed the Board.
Motion was made by Commissioner Cheal and seconded by
Commissioner Jones to continue until the budget hearings.
During discussion, motion was withdrawn. No further action
was taken.
DIVISION OF GROWTH MANAGEMENT
Planning Director Lorenzo Aghemo addressed the
Board. He discussed the status of the Shark Key Development
case and advised that Attorney Michael Halpern had withdrawn
from the settlement.
Mr. Aghemo discussed the proposed rule by DCA con-
cerning commercial fishing districts and advised that DCA
had been informed that the County was supporting such rule
only for CFD 5. Motion was made by Commissioner Stormont
and seconded by Commissioner Cheal that a member of Staff
attend the upcoming meeting and be directed to indicate the
County's position of not desiring substantive regulatory
changes in that new regulations are soon to be adopted.
Roll call vote was unanimous.
YY 15 8
MISCELLANEOUS
Social Services Director Louis LaTorre discussed
the State Budget and extensions of grant programs.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Cheal and seconded
by Mayor Harvey to approve and authorize execution of the
Renewal of Contract #324240 and Addenda thereto with
Modulaire/WMI Service of South Florida for the lease of a
mobile office for twelve months at $263.44 per month plus a
pick-up charge of $485.00 upon termination of lease. Motion
carried unanimously.
After discussion, motion was made by Commissioner
Cheal and seconded by Commissioner London to accept Staff
recommendation to deny the request by Island Christian
Church and School to waive impact fees in the amount of
$2,095.82. Roll call vote was taken with the following
results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
sent.
Cheal
Yes
Jones
No
London
Yes
Stormont
Yes
No
The Board recessed for lunch.
The Board reconvened with all Commissioners pre -
CONSTRUCTION PROGRAM MANAGEMENT - MK/G
Currie Schneider Associates made a presentation of
the Facility Report on Existing Fire Stations and proposed
Prototype Schematic for New Facility Construction. Doug
Fuller, Joe London and Jack Watson also addressed the Board.
Motion was made by Mayor Harvey and seconded by Commissioner
Jones to approve Currie Schneider's A and E team to bring
back a contract for design for the Big Coppitt Key Fire
Station. Roll call vote was unanimous.
COUNTY ADMINISTRATOR
County Administrator Tom Brown addressed the Board.
Roger Bernstein also addressed the Board. After discussion,
motion was made by Mayor Harvey and seconded by Commissioner
London to accept Staff recommendation to grant approval to
negotiate a contract with Riviera Enterprises, Inc. for the
purchase of 11.53 acres of property in Block 57, Stock
Island in the amount of $900,000.00 for use as a park. Roll
call vote was unanimous.
Mr. Brown discussed an area on Little Torch Key
that is being investigated for possible use as recreational
facilities.
yy 15 9
DIVISION OF GROWTH MANAGEMENT
Planning Director Lorenzo Aghemo and Marty Leitner
of Freilich, Leitner, Carlisle & Shortlidge addressed the
Board concerning Mr. Leitner's memorandum dated June 23,
1991 regarding Land Development Regulation Revisions,
Concurrency and Impact Fees.
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to approve Attachment 1 to the subject
memorandum setting out "Time Schedule for LDR Revisions,
including Concurrency and Impact Fees". Roll call vote was
unanimous with Commissioner London not present.
The Board discussed Attachment 2 - "Land Development
Regulations: Proposed Reorganization and Outline". Motion
was made by Commissioner Stormont and seconded by Mayor
Harvey that the Board will give direction according to
recommendations before them. Roll call vote was unanimous.
The Board then discussed Attachment 3 - "Concurrency
Management 'Decision Points' Issues and Alternatives":
Item 19: Should developers be permitted to transfer
certificates of concurrency to other
developers?
Motion was made by Commissioner Cheal
and seconded by Commissioner Stormont
that certification may be transferred
to successors in interest of same
property and development. Roll call
vote was unanimous.
Motion was made by Commissioner Stormont and seconded by
Commissioner Cheal to discourage "phasing" as much as
possible. Roll call vote was unanimous.
Item 14: How can available facility capacity be
allocated?
Motion was made by Commissioner Cheal
and seconded by Commissioner Jones to
approve first -come, first -served.
Roll call vote was unanimous.
Item 15: When a concurrency determination is made,
will the facility capacity needed by that
proposed development be "debited" or
"charged" against available public facility
capacity?
AND
Item 16: If so, how long may capacity be reserved?
Motion was made by Commissioner Stormont
and seconded by Commissioner Cheal to
track permit to determine validity,
linked to deadline for applying for the
next permit in approval process and
period of time within which a building
permit will lapse. Roll call vote was
unanimous.
Item 20: May a developer "advance" or pay for the
construction of a public facility in order
to meet the applicable LOS standard?
Motion was made by Commissioner Jones
and seconded by Commissioner Cheal to
allow advancement by construction
only. Roll call vote was unanimous.
YY 160
Item 21: If public facilities are advanced, what can
be done with any resulting excess facility
capacity?
Motion was made by Commissioner Cheal
that excess capacity will be reserved
for the advancing developer's use
only. During discussion, motion was
withdrawn.
The Board discussed Attachment 4 - "Impact Fees 'Decision
Points' Issues and Alternatives". Motion was made by
Commissioner Stormont and seconded by Commissioner Cheal to
accept recommended approach in the development of the impact
fees. Motion carried unanimously.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to confirm the County Administrator's
selection of Melonie Tyson Bryan as Department Director,
Monroe County Office of Management and Budget, at a starting
salary of $36,500.00. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held on the proposed abandon-
ment of a portion of Tern Lane, Boca Chica Ocean Shores,
Monroe County. Proof of publication was noted for the
record. Dr. Kelsey addressed the Board. Motion was made by
Commissioner Jones and seconded by Commissioner Cheal to
adopt the following Resolution renouncing and disclaiming
any right of the County and the public in and to Tern Lane,
Boca Chica Ocean Shores, Big Coppitt Key, Monroe County,
Florida. Roll call vote was unanimous.
RESOLUTION NO. 336-1992
See Res. Book No. 109 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
amending Monroe County Code Sec. 6-59(II) to include in non -
testing specialty trade categories the categories of garage
door opener/installation and waterproofing and roof
painting; to revise designation of satellite, TV antenna,
telephone and other communications equipment installation;
to transfer to testing categories glazing and gunite and
sandblasting; providing for severability; providing for
repeal of all Ordinances inconsistent herewith; providing
for incorporation into the Monroe County Code; and providing
an effective date. Proof of publication was noted for the
record. Motion was made by Commissioner Cheal and seconded
by Mayor Harvey to read by title only. Motion carried una-
nimously. The County Attorney read by title only. Bill
Smith of the Florida Keys Contractors Association addressed
the Board. Motion was made by Commissioner London and
seconded by Commissioner Jones to adopt the following
Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 017-1992
See Ord. Book No. 27 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
providing that the Board of County Commissioners may, by
yy 161
Resolution, approve additional compensation to the newly -
employed Grants Procurement Specialist, Mary S. Broske, in
an amount not to exceed $3,500.00; providing for certain
restrictions on such compensation; providing for severabili-
ty; providing for repeal of all Ordinances inconsistent
herewith; and providing an effective date. Proof of publi-
cation was noted for the record. Motion was made by
Commissioner Cheal and seconded by Commissioner Stormont to
read by title only. Motion carried unanimously. The County
Attorney read by title only. There was no public input.
Motion was made by Commissioner Cheal and seconded by Mayor
Harvey to adopt the following Ordinance. Roll call vote was
unanimous.
ORDINANCE NO. 018-1992
See Ord. Book No. 27 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
repealing Ordinance No. 011-1992 that created Sec.
9.5-115.1, Monroe County Code, and which provided for: new
application fees for expired building permits, a procedure
for when a building permit is ready but not paid for and not
picked up, a procedure for when a building permit is paid
for and picked up but the work is not started, a procedure
for when the permit is picked up, paid for but not timely
progressed by allowing up to two 60-day extensions if
applied for within 120 days of the commencement of work or
the last required inspection whichever is later, and pro-
vided that the provisions of the Ordinance shall control
over any inconsistent provisions of Sec. 9.5-115, Monroe
County Code; providing for severability; providing for
repeal of all Ordinances inconsistent herewith; providing
for incorporation into the Monroe County Code; and providing
an effective date. Proof of publication was noted for 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. Bill
Smith of the Florida Keys Contractors Association addressed
the Board. Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to adopt as amended, which
repeals only the section beginning with "EXCEPTION" and
going to the beginning of Section 2 of Ordinance No.
011-1992. Roll call vote was unanimous.
ORDINANCE NO. 019-1992
See Ord. Book No. 27 which is incorporated herein by
reference.
Motion was then made by Commissioner Stormont and seconded
by Commissioner Cheal directing the Planning Department,
if necessary, to follow the text amendment process for
Ordinance No. 011-1992 as modified by the Board. Roll call
vote was unanimous.
BOARD OF APPEALS
The Board considered the Administrative Appeal
filed by Hedy Ann Danz of the decision by the Planning
Commission denying a dimensional variance which would allow
a covered carport to encroach into the front yard setback
to the front property line, located at 19 Bouganvillea
Avenue, Lot 10, Block 3, Key Haven 5th Addition, Section 26,
Township 67S, Range 25E, Tallahassee Meridian, Raccoon Key.
Planning Director Lorenzo Aghemo addressed the Board. Hedy
Ann Danz and Jose Roque addressed the Board. Mr. Aghemo
YY 162
rebutted. Motion was made by Commissioner Cheal and
seconded by Commissioner Stormont to deny the appeal and
uphold the Planning Commission's decision based upon the
applicant's failure to show an error on the part of the
Planning Commission. Roll call vote was taken with the
following results:
Commissioner Cheal Yes -�
Commissioner Jones No
Commissioner London Yes
Commissioner Stormont Yes
Mayor Harvey No
Motion carried.
Mr. Aghemo advised the Board that under the circumstances,
he would meet with Code Enforcement to discuss the possibi-
lity of holding this case in abeyance until the new Land
Development Regulations are adopted. Grace Mannillo of the
Planning Commission addressed the Board.
PUBLIC HEARINGS
A Public Hearing was held to consider a Budget
Amendment to the Tourist Development Funds 107-111 and
116-121 for Fiscal Year 1992. Proof of publication was
noted for the record. Lori Morgan of the Tourist
Development Council Administrative Office addressed the
Board. There was no public input. Motion was made by
Commissioner Jones and seconded by Commissioner Stormont to
adopt the following Resolution concerning the amended
budget. Roll call vote was unanimous.
RESOLUTION NO. 337-1992
See Res. Book No. 109 which is incorporated herein by
reference.
COUNTY ATTORNEY
County Attorney Randy Ludacer provided copies to
the Commission of a letter written to The Miami Herald by
Attorney Jim Mattson concerning the Rate Of Growth
Ordinance.
Mr. Ludacer advised the Commission that he was in
possession of a bill for attorney's fees in the case con-
cerning the Jail in the amount of $138,000.00 and that he
questioned the reasonableness of many of the expenses.
Motion was made by Commissioner Cheal and seconded by
Commissioner Jones to authorize the County Attorney to con-
test and question the expenses presented in the quest for
attorney's fees in the amount of $138,000.00 and to pursue a
reduction in those fees. Motion carried unanimousy.
The County Attorney advised that he had been
notified by Mr. Apgar that he had left the firm of Haben, et
al. Motion was made by Commissioner Cheal and seconded by
Commissioner Jones authorizing the County Attorney to nego-
tiate with Mr. Apgar to continue representation of the
County in the Shark Key/Schmitt appeal on the same basic
terms of the agreement with the firm of Haben, et al. Roll
call vote was unanimous.
Mr. Ludacer advised that the new owner of Boot Key
had refused to accept the County's offer of an exchange of
I YY 163
property on Boot Key that included certain language relative
to the Boot Key Bridge. The County Attorney was directed to
continue negotiations with the owner.
The County Attorney discussed the recent Supreme
Court decision concerning the Lucas case. This matter was
referred to the County Attorney, Jim Hendrick and Marty
Leitner to analyze the decision and make a report back to
the Commission.
COMMISSIONERS' ITEMS
The Board entered into a discussion concerning the
County's Sign Ordinance Review Committee. Motion was made
by Commissioner Jones and seconded by Mayor Harvey to pro-
vide that each Commissioner will appoint one member to the
Sign Ordinance Review Committee. Motion was made by
Commissioner Cheal and seconded by Commissioner Stormont to
postpone until after consideration of the abolishment of the
current committee has been resolved. Roll call vote was
taken with the following results:
Commissioner
Cheal
Yes
Commissioner
Jones
No
Commissioner
London
Yes
Commissioner
Stormont
Yes
Mayor Harvey
No
Motion carried. Motion was made by Commissioner London and
seconded by Commissioner Jones to retain the existing mem-
bers of the committee and to receive appointments from
Commissioners London and Jones and Mayor Harvey at the next
meeting, for a total of seven members. Motion carried una-
nimously.
A request from the Historic Florida Keys
Preservation Board for additional funds was referred to the
County Administrator.
Mayor Harvey read a letter from the Key West Garden
Club and presented a check in the amount of $200.00 as a
donation for planting in the Higgs Beach area. Motion was
made by Mayor Harvey and seconded by Commissioner Jones to
send a letter of thanks to the Key West Garden Club. Motion
carried unanimously.
Motion was made by Mayor Harvey and seconded by
Commissioner Jones to add Agenda Item 0-6 regarding the
State Attorney. Motion carried unanimously. Mayor Harvey
read a letter from State Attorney Kirk Zuelch indicating his
appreciation for the renovation work at the Plantation Key
Government Center.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Jones and seconded
by Mayor Harvey to approve and authorize execution of
renewal agreement with Robert J. Nelms, Jr., Medical
Examiner - District Sixteen. Roll call vote was unanimous.
Motion was made by Commissioner Jones and seconded
by Mayor Harvey to approve and authorize execution of lease
agreement with Pinewood Memorial Cemetery for office/morgue
facilities for the District Sixteen Medical Examiner in the
amount of $22,800.00 per year. Roll call vote was taken
YY 164
with the following results:
Commissioner
Cheal
No
Commissioner
Jones
Yes
Commissioner
London
Yes
Commissioner
Stormont
Yes
Mayor Harvey
Yes
Motion carried.
The County Administrator discussed the City of Key
West's request for the Board to assist them in providing for
an extension of sewer and wastewater lines to Stock Island.
Motion was made by Commissioner Cheal and seconded by
Commissioner Stormont directing the County Administrator to
write a letter to the City of Key West indicating that the
Board feels that it is not in the best interest of the
County taxpayers to comply with their request and that the
City's system does not provide nutrient stripping and that
the County's planned wastewater treatment system will be
more environmentally protective. Roll call vote was taken
with the following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Cheal
Yes
Jones
No
London
Yes
Stormont
Yes
No
MISCELLANEOUS
Social Services Director Louis LaTorre advised the
Board of the pending problems in the State Legislature con-
cerning the adoption of a budget to become effective July 1
and indicated that all State -funded programs would continue
to be funded and authorized to July loth.
There being no further business, the meeting was
adjourned.
Additional Information
The following items have been requested by either the Sheriff's
Department or Public Works.
1. Additional Conduits for County Owned Computer Equipment.
Additional computer equipment locations were identified by the
Sheriff's Department for computers to be supplied and
installed by the Sheriff's Department computer personel
following completion of the facility. The required conduit
raceways were requested to be added to the scope of work of
the security contractor. Not -to -Exceed cost $18,000.
2. Future Washer and Dryer.
The laundry equipment contractor included in his price the
purchase and installation of the washer and dryer identified
as "future" requrement. If the County desires to procure and
install this equipment at this time the contractor is offering
a $2,239 deduct to his contract price. If the County does not
desire to procure this equipment at this time, the contractor
is offering a $24,624 deduct to his contract price. If the
County does not elect to install this equipment at this time,
there may be access problems in the future to install this in
the completed facility.
3. Deletion of Floor Drains at the Mezzanine Level of the Housing
units.
Following discussions with the Public Works Department, the
floor drains were found to be unnecessary as located and were
recommended to be deleted. Total estimated cost of deletion -
$4,364.
4. Addition of Clean -out to the Sanitary Lines at the Mezzanine
Level of the Cell Chase.
Following discusions with the Public Works Department, the
maintenance personel requested the addition of sanitary line
clean -outs at the mezzanine level of the utility chases in the
housing units. Total estimated cost of the addition - $7,445.
5. Extension of Vent Line for Trash Room.
The County supplied trash compactor requires one additional
floor drain and venting of the floor drain through the
building vent system. Total estimated cost - $4,000.
6. Meeting with Food Service Consultant.
The Sheriff's Department has requested to meet with HLM's Food
Service Constulant to discuss certain aspects of the design.
HLM is requesting an Add -Service to cover the cost of the
requested meeting. Total Cost - $2,612.3
,!FxN.e..T A