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08/27/1992 SpecialMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Thursday, August Key West 92/243 Commissioners 27, 1992 A Special Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. on the above date in Courtroom B of the Courthouse Annex in Key West. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Douglas Jones, Commissioner Jack London, Commissioner John' Stormont, and Mayor Wilhelmina Harvey. 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. Prior to the start of the meeting, Commissioner Stormont, as a Point of Personal Privilege, discussed power outages and cutbacks and recent articles concerning tourism. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Jones and seconded by Commissioner Cheal to continue to the Regular Meeting scheduled for September 15th the following items from the August 24th Agenda: Item B-4 Resolution adopting the Annual Assessment of Public Facilities Capacity Report for 1992 92/244 Item B-5 Approval to initiate an amendment to the Land Development Regulations authorizing the BOCC to enter into development agreements that meet the requirements of the Florida Local Government Development Agreement Act Item B-9 Resolution authorizing an amendment to the interagency GIS (IGIS) agreement with the Property Appraiser, FKAA and CES to provide for an interlocal service fund Item B-10 Approval of licensing agreement with Environmental Systems Research Institute, Inc. for software and related materials Roll call vote was unanimous. DIVISION OF ENVIRONMENTAL MANAGEMENT Motion was made by Commissioner Cheal and seconded by Commissioner Jones to continue to the Regular Meeting scheduled for September 15th the following item from the August 25th Agenda: Item G-3 Approval of interlocal agreement with the City of Key West establishing the framework for the County's negotiation with Waste Management, Inc. for trans- portation and disposal of ash generated by the City's incinerator Motion carried unanimously. DIVISION OF PUBLIC WORKS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to continue to the Regular Meeting scheduled for September 15th the following item from the August 25th Agenda: Item H-5 Approval to negotiate lease agreement with Wade Grassedonio for the food concession located at Clarence Higgs Beach Motion carried unanimously. 92/245 MISCELLANEOUS Motion was made by Commissioner Jones and seconded by Commissioner London to add to today's Agenda a discussion by Gerry Tinlin concerning economic crisis in the Keys. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to add to today's Agenda consideration of an Emergency Ordinance concerning power usage. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes This item was not added to the Agenda for failure to achieve a unanimous vote of the Board. COUNTY ADMINISTRATOR Motion was made by Mayor Harvey and seconded by Commissioner London to hear at 4:00 p.m. consideration of additional reductions to the FY 193 Monroe County Tentative Budget. Motion carried unanimously. CONSTRUCTION PROGRAM MANAGEMENT - MR/G Motion was made by Commissioner London and seconded by Commissioner Cheal to delete the following item on the August 25th Agenda from the Board's consideration: Item E-8 Approval of McPhall's Change Order No. 01-004-004, unsuitable material excavation/disposal to Contract No. KJ-001, Site Grading and Caissons for for the New Detention Facility. Motion carried unanimously. 92/246 COUNTY ADMINISTRATOR Motion was made by Commissioner Cheal and seconded by Commissioner Jones to add to today's Agenda a proposed Resolution transferring funds. Motion carried unanimously. COUNTY ATTORNEY Motion was made by Commissioner Cheal and seconded by Commissioner Jones to add to today's Agenda the County Attorney's report. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve the following items by unanimous consent: DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 86, Government Lot 2, Section 06, Township 66, Range 33, Key Vaca, Monroe County, Florida, approximately Mile Marker 52. RESOLUTION NO. 389-1992 See Res. Book No. 110 which is incorporated herein by reference. Board deleted consideration of selection of qualified consultant to perform professional biological services under existing Advance Identification of Wetlands grant with the U. S. Environmental Protection Agency. Board continued to September 15th meeting consideration of approval to pursue grant funding for joint project between University of Florida/Sea Grant and Monroe County entitled "Implementation of a Sustainable Coastal Planning Method for the Florida Keys with National Application". Board adopted the following Resolution authorizing execution of an Agreement between the Florida Department of Community Affairs, Monroe County, Dennis Martinez and Dean Martinez concerning Lot 2, Block 8, Gulfstream Shores Subdivision, Key Largo, 92/247 Unincorporated Monroe County, Florida, and located off State Road 905. RESOLUTION NO. 390-1992 See Res. Book No. 110 which is incorporated herein by reference. SOUNDING BOARD Board continued to September 15th meeting a discussion on the 1992-1993 Monroe County Budget - Linda Jensen. Board continued to September 15th meeting a discussion concerning the November ballot of the evacuation shelter tax - Linda Jensen. Board continued to September 15th meeting a discussion of local funding of local arts agencies - Parvan Bakardjiev. Board deleted a presentation concerning the Fiscal Year 1993 funding levels for the Alliance on Aging - John Stokesberry. Board granted approval of request by Marathon Youth Club to hold the Third Annual Labor Day Coin Toss at US-1 and Sombrero Road on September 5, 1992 from 8:00 a.m. to 12:30 p.m. DIVISION OF PUBLIC WORKS Board granted permission for Florida Department of Natural Resources (DNR) to erect educational signs at certain locations within Monroe County parks and rights -of -way. DIVISION OF MANAGEMENT SERVICES Board continued to September 15th meeting presentation and discussion of Needs Assessment and Grants Management Plan of Action prepared by Langton Associates, Inc. PUBLIC HEARINGS Board continued to 3:00 p.m. on September 15th at the Key Largo Library the Public Hearing concerning a proposed Ordinance increasing tolls at the Card Sound Road and Toll Bridge to 75 cents per axle, etc. 92/248 DIVISION OF COMMUNITY SERVICES Board continued to September 15th meeting a discussion of Draft Rates and Charges Study and sample lease form for airlines operating in Monroe County at Key West International and Marathon Airports. Board continued to September 15th meeting approval to close out certain FAA grants. Board continued to September 15th meeting discussion of the Key West International Airport security guards, parking lot and taxi operations. PRESENTATION OF AWARDS Board continued to September 16th meeting presentation of June Employee of the Month Award to Norman Woods, Transportation Driver, Social Services, Community Services Division. MISCELLANEOUS BULK APPROVALS Board adopted the following Resolution amending Resolution No. 065-1992 concerning the receipt of unanticipated funds. RESOLUTION NO. 391-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 366-1992 concerning the receipt of unanticipated funds. RESOLUTION NO. 392-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolutions concerning the receipt of unanticipated funds. RESOLUTION NO. 393-1992 RESOLUTION NO. 394-1992 RESOLUTION NO. 395-1992 RESOLUTION NO. 396-1992 See Res. Book No. 110 which is incorporated herein by reference. 92/249 Board adopted the following Resolution amending Resolution No. 383-1991 concerning the receipt of unanticipated funds. RESOLUTION NO. 397-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 398-1992 See Res. Book No. 110 which is incorporated herein by reference. Board authorized execution and issuance of Certificate of Public Convenience and Necessity to Tavernier Volunteer Fire Department and Ambulance Corps, Inc. for the operation of an ALS Transport Ambulance Service. Board authorized execution and issuance of Certificate of Public Convenience and Necessity to Key Largo Volunteer Ambulance Corps, Inc. for the operation of an ALS Transport Ambulance Service. Board approved and authorized execution of License For Use Of Real Property with Dr. Douglas N. Graham for property at Sea -Air Estates, Vaca Key, for use as mulch storage area and distribution site available for public access. Board awarded bid to and approved and authorized execution of Household Hazardous Waste Collection Agreement with Laidlaw Environmental Services (TS), Inc. Board adopted the following Resolution transferring funds. RESOLUTION NO. 399-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 310-1992 which authorized a Referendum Election on November 3, 1992 concerning the creation of the Tropical Key Colony Municipal Service Street Taxing District. RESOLUTION NO. 400-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution naming the proposed Stock Island park in memory of Benjamin Bernstein. RESOLUTION NO. 401-1992 See Res. Book No. 110 which is incorporated herein by reference. 92/250 Board approved award of bid to OEC-Diasonics, Inc. for the purchase of a Surgical C-Arm in the amount of $145,000 for the Upper Keys Health Care Taxing District. Board approved and authorized execution of Addendum To Courier Services Agreement with Prompt Courier Service to render courier service downtown and to the Upper Keys. Board approved and authorized execution of Agreement For Risk Management And Insurance Consulting Services with Interisk Corporation for risk and consulting services. Board granted authorization to Grants Management Department to develop a grant proposal for submission to the Land & Water Conservation Fund requesting financial assistance for improvements to Sombrero Beach/Switlik Park in Marathon. Board approved award of bid to and authorized execution of Agreement with The Brewer Co. of Florida, Inc. for Big Pine Key Roads V Roadway Improvements Project in the amount of $151,588. Board granted approval to accept maintenance responsibility on -- Industrial Road, Big Pine Key. Board approved and authorized execution of Change Order No. 1 with Coastal Electric Service, Inc. allowing for an additional 133 contract days with no additional cost. Board approved award of bid to and authorized execution of Contract with Sackel Service Corporation for janitorial services for the J. Lancelot Lester Justice Building in the amount of $10,500 per year. Board granted approval of use of Road Department crews and equipment to pave the Key Largo Ambulance Station Parking Lot and ordered Road Department to be reimbursed for same. Board adopted the following Resolution authorizing the filing of a Grant Application with Florida Department of Natural Resources, Derelict Vessel Program, and directing execution of same by the proper authorities. RESOLUTION NO. 402-1992 See Res. Book No. 110 which is incorporated herein by reference. Board ratified Agreement between Monroe County and Maria E. Hatch, Resident, and Sam and Anna DeSantis, Responsible Party, for admission to Bayshore Manor. 92/251 Board approved and authorized execution of Change Order No. 1 to Contract with Frank Keevan & Son, Inc. for construction of new rotary beacon and tower at Key West International Airport in the increased amount of $2,690. Board approved removal of following surplus property from inventory of Community Services/Nutrition Program: 1852-3 Refrigerator 1852-4 Refrigerator 1862-10 Chair Board granted approval to advertise for bids for excavation and disposal of petroleum contaminated soil at the Long Key Landfill. Board granted approval to advertise Public Hearings concerning the annual non- ad valorem assessment for the collection, disposal, and recycling of residential solid waste; and the establishing of collection, disposal, and recycling rates for commercial waste stream generators. Board granted approval to advertise for Public Hearing a proposed Ordinance relating to fire alarms. Board granted approval to advertise for Public Hearing a proposed Ordinance providing for the adoption of the 1991 Editions of the National Fire Protection Association Life Safety Code and the Standard Fire Prevention Code. Board granted approval to advertise for bids for construction of concrete press box, two concrete dugouts, field work and fencing at Watson Field on Big Pine Key and approved waiving of bonding requirements. Board granted approval to advertise for bids for construction of Sombrero Beach restroom handicapped facilities and approved waiving of bonding requirements. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Dr. Richard Banning for a detached garage greater than 300 square feet below base flood elevation on Lot 6, 7 and 8, Summerland Beach Addition No. 3, Summerland Key; Zoned IS; Coastal Flood Zone AE-11, Panel 1514F. Board authorized payment of refund in the amount of $10.00 to Debbie Harrison inasmuch as it was determined that a tape of a 92/252 Planning Commission meeting that was ordered and paid for in advance could not be copied. Board authorized payment of refund in the amount of $70.00 to Ronnie's Fencing and Fence Repair inasmuch as it has been determined that permits were issued twice for the same project at two locations. Board authorized payment of refund in the amount of $80.00 to Van Beathard inasmuch as a dock application had been paid for twice. Board authorized payment of refund in the amount of $575.00 to Egan Adams inasmuch as a sign variance application was withdrawn. Board adopted the following Resolutions concerning the receipt of unanticipated funds. RESOLUTION NO. 403-1992 RESOLUTION NO. 404-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 405-1992 See Res. Book No. 110 which is incorporated herein by reference. Board approved and authorized execution of Change Order No. 2 to the Contract with D. L. Porter Construction, Inc. concerning the Library Addition -Key West Branch in the increased amount of $3,500. Board adopted the following Resolutions concerning the receipt of unanticipated funds. RESOLUTION NO. 406-1992 RESOLUTION NO. 407-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 408-1992 See Res. Book No. 110 which is incorporated herein by reference. Board granted permission to advertise for 1) fill and topsoil acquisition and delivery to all landfills; 2) acquisition and installation of impervious liner material required for use as top cap and purchase and installation of geotextile portions of cap 92/253 liner system; and 3) gas and drainage pipe material and installation. Board adopted the following Resolution requesting all Constitutional Officers of Monroe County to adopt a uniform format for their annual budgetary submissions to said Board. RESOLUTION NO. 409-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution ratifying action taken by the Board on August 15, 1992 approving changes to the Monroe County Personnel Policies and Procedures Manual. RESOLUTION NO. 410-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution authorizing the County Administrator with signature authority on the applications for the Department of Community Affairs Anti -Drug Abuse Fiscal Year 1993 funding. - RESOLUTION NO. 411-1992 See Res. Book No. 110 which is incorporated herein by reference. Board approved and authorized execution of one-year Lease Renewal for Pretrial Services at the Post Office Building at 323 Fleming Street in Key West at a cost of $35,089.44. Board adopted the following Resolution concerning the receipt of unanticipated funds. RESOLUTION NO. 412-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of Avacado and Orange Streets, Townsite of Islamorada, Upper Matecumbe Key, Monroe County. RESOLUTION NO. 413-1992 See Res. Book No. 110 which is incorporated herein by reference. Board granted approval to extend existing Fuel Contract with Dion Oil Company month -to -month with no change in cost and also granted approval to advertise for bids for gas and diesel fuel jointly with the Monroe County School Board. 92/254 SHERIFF'S DEPARTMENT Board approved request from Sheriff's Office for expenditures from the Law Enforcement Trust Fund in the total amount of $4,000 payable to the Criminal Justice Institute of the Florida Keys Community College as payment for costs of providing probation officers of State of Florida Department of Corrections with firearms training. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Board approved Schedule of Values for D. L. Porter Construction's Masonry Contract No. KJ-016 for the New Detention Facility. Board approved Schedule of Values for D. L. Porter Construction's Concrete Contract No. KJ-017 for the New Detention Facility. Board approved Schedule of Values for National Detention Group's Contract No. KJ-014 for the New Detention Facility. Board approved Schedule of Values for Big C Steel's Contract No. KJ-018 for the New Detention Facility. Board approved and authorized execution of Change Order No. 16-001-003, Monitoring Well Protection, to Toppino's Contract No. AP-001, Airport Parking Lot Improvements for the Key West International Airport in the increased amount of $175. Board approved and authorized execution of Change Order No. 16-001-002, Delete Landscape Irrigation, to Toppino's Contract No. AP-001, Airport Parking Lot Improvements for the Key West International Airport in the decreased amount of $14,000. Board approved and authorized execution of Change Order No. 16-001-004, Traffic Island/Curb Modification, to Toppino's Contract No. AP-001, Airport Parking Lot Improvements for the Key West International Airport in the increased amount of $8,316.55. Board approved Schedule of Values for Roman Caulking & Waterproofing Company of Florida, Inc.'s Contract No. KJ-026 for the New Detention Facility. Board approved Schedule of Values for Wentworth Plastering's Contract No. KJ-021 for the New Detention Facility. Board approved Schedule of Values for The Bared & Company's Contract No. KJ-009 for the New Detention Facility. 92/255 DIVISION OF ENVIRONMENTAL MANAGEMENT Board adopted the following Resolution adopting the Tentative Residential Solid Waste Collection, Disposal and Recycling Rates for Fiscal Year 1992-1993. RESOLUTION NO. 414-1992 See Res. Book No. 110 which is incorporated herein by reference. Board adopted the following Resolution establishing the Tentative Per Month Solid Waste collection, Disposal, and Recycling Service Rates for Commercial Property in the various Solid Waste Collection Districts. RESOLUTION NO. 415-1992 See Res. Book No. 110 which is incorporated herein by reference. DIVISION OF PUBLIC WORKS Board continued to September 16th meeting a discussion of the funding plan for Card Sound Road Improvements. Board granted approval for Marine Patrol Officer Randy William to temporarily reside on Pigeon Key until a Lease Agreement is negotiated and executed for utilization of same. Board granted approval to waive payment and performance bond requirements for projects estimated to cost $100,000 or less. Board approved request from Big Pine Athletic Association, Inc. for Road Closure for Key Deer Boulevard, Wilder Road, and the access road behind Winn Dixie on Big Pine Key on September 26, 1992, January 24, 1993 and February 23, 1993, contingent upon the following: 1) Necessary clean up; 2) Placement of traffic cones spaced 50' apart along the entire one lane section of road; 3) Barricades on side streets, easements, and driveways prohibiting access onto closed section of roadway; 4) Policemen directing traffic at beginning and 92/256 ending of course, also at intersecting streets; 5) Public notice given through handouts to those on the west side of Key Deer Boulevard within the closed area and through announce- ments; 6) Contact emergency rescue agencies; 7) Certificate of Insurance for $1,000,000 General Liability listing Monroe County as additional insured; and 8) Applicant provide and pay for all require- ments listed above. DIVISION OF COMMUNITY SERVICES Board granted approval to conduct runway pavement investigation for Key West International Airport. TOURIST DEVELOPMENT COUNCIL Board approved payment of Tourist Development Council expenditures in the amount of $515,539.14 (Input Date 7/27/92), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expenditures in the amount of $107,944.40 (Input Date 7/27/92), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expenditures in the amount of $204,451.16 (Input Date 7/27/92), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expenditures in the amount of $83,329.11 (Input Date 8/9/92), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expenditures in the amount of $26,396.08 (Input Date 8/9/92), 92/257 subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expenditures in the amount of $123,321.81 (Input Date 8/9/92), subject to final invoice approval by the County Finance Department. Board approved DAC III appropriation in an amount not to exceed $1,600 FY 192 Special Events Reserves for Marathon Airport Advisory Council Open House. Board approved DAC IV transfer of $10,000 from Visitors Index to P&A Reserves for FY 192. Board approved DAC IV allocation of funds in the amount of $7,170 FY 192 for reprinting of joint coupon books. Board approved DAC V allocation of funds in the amount of $7,170 FY 192 for reprinting of joint coupon books. Board approved CPI increase effective October 1, 1992 in accordance with the contract between Stuart Newman Associates and the BOCC; percentage increase is 3.4% or $478.22 per month. Board approved FY 193 Public Relations Plan in an amount not to exceed $292,400. Board approved DAC I - Key West Media Plan, FY 193. Board approved DAC II - Lower Keys Media Plan, FY 193. Board continued to September 16th meeting requested approval of DAC III - Marathon Media Plan, FY 193. Board approved DAC IV - Islamorada Media Plan, FY 193. Board approved DAC V - Key Largo Media Plan, FY 193. Board approved contract renewal, through Tinsley Advertising, with FPIS, Inc. for brochure distribution. Board approved Fishing Umbrella transfer of $4,800 from the Key West Sailfish Tournament to the Key West Photo Program, FY 192. Board approved Fishing Umbrella FY 193 Budget Allocations in the total amount of $344,000. 92/258 Board deleted request for approval to terminate contract with Savin and execute contract with Sands of the Keys for copy machine rental in the Administrative Office. Board approved an amount not to exceed $1,200 for printing of and binders for the Operations Manual. Board approved Statistical Program Update in an amount not to exceed $70. Board approved FY 193 Sales & Marketing Plan in an amount not to exceed $295,400. Approval of participation in MLT/Northwest Airlines Travel Show in an amount not to exceed $2,000. Board adopted following Resolution transferring funds. RESOLUTION NO. 416-1992 See Res. Book No. 110 which is incorporated herein by reference. Board approved DAC I appropriation in an amount not to exceed $30,000, Third Penny, for Christmas By The Sea 193. Board approved DAC IV appropriation in an amount not to exceed $6,000, Third Penny, for Island Music and Arts Festival 193. Board approved DAC I appropriation in an amount not to exceed $15,000, Third Penny, from Special Events Reserves 193 for Clearwater to Key West Yacht Race. Board approved DAC I appropriation in an amount not to exceed $42,078, Third Penny, for Hemingway Days Festival 193. Board approved DAC I appropriation in an amount not to exceed $45,000, Third Penny, for OPT 192. Board approved DAC I appropriation in an amount not to exceed $45,000, Third Penny, for Key West Theater Festival 193. Board approved total appropriation of $110,000 for Fantasy Fest 193, broken down as follows: DAC I in an amount not to exceed $100,000 - Two Penny DAC I in an amount not to exceed $5,000 - Third Penny DAC II in an amount not to exceed $5,000 - Two Penny 92/259 Board approved waiver of Monroe County Procurement Policies relating to competitive bids for consulting services, approved waiver of contractual insurance requirements relating to contract for consulting services, and approved and authorized execution of Consulting Agreement with O'Brien & Associates, Inc. to provide consulting services and report on other TDC/CVB organizations within the State. COMMISSIONERS' ITEMS Board approved reappointment of Milt Mravic to the Planning Commission. Board continued to September 16th meeting discussion concerning Svenn Lindskold's appointment to the Planning Commission. Board continued to September 16th meeting proposed Resolution making unfunded mandate legislation specifically applicable to State required Growth Management Ordinance. Board continued to September 16th information regarding Affordable Housing Workshop and How To Privatize Contracting Public Services Workshop. Board adopted the following Resolution expressing the Board's concern of the practice of discrimination by the State of Florida with respect to the disparity in distribution of State education funds; of the lack of monies in lieu of taxes on the vast holding by the State on refuges, recreation areas, parks and other State facilities and the practice of discrimination by the United States of America in lack of funds in lieu of taxes on its large land holdings in Monroe County; authorizing the County to join with the City of Key West on litigation in Federal Court in an effort to rectify this unfairness, injustice and discrimination; to invite the Board of Public Instruction and all other taxing bodies of Monroe County to also join in a federal lawsuit. RESOLUTION NO. 417-1992 See Res. Book No. 110 which is incorporated herein by reference. COUNTY ADMINISTRATOR Board deleted the County Administrator's report. Board approved payment of the following invoices: 92/260 1. Spirit Marine Towing & Assistance, in the amount of $14,500 (Final Payment), in re Derelict Vessel Removal Phase II. 2. BR&R Associates, Inc., in the amount of $343.76 (Final Payment), in re engineering services for Key West International and Marathon Airport FAR Part 150 Noise Study. 3. Missimer & Associates, Inc., in the amount of $13,750 (Final Payment), in re Plantation Key Fueling Facility Contamination Assessment Report. 4. Frank Keevan & Son, Inc., in the amount of $2,347 (Final Payment), in re emergency repairs to daybeacon at Duck Key. 5. Public Financial Management, Inc., in the amount of $2,896.75, for financial advisory services for the month of July. 6. Rosenman & Colin, in the amount of $1,070.41, for legal services re Monroe County Translator for the month of June. 7. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., in the amount of $448.80, for personnel legal services for the month of July. 8. Martin-Vegue Funeral Home, in the amount of $485.00, for professional services in re Pauper Burial. 9. Archeological and Historical Conservancy, Inc., in the amount of $11,400 (Final Payment), in re archeological excavations of Stock Island/New Detention Facility Site. Board deleted discussion of possible loss of $446,500 in annual Pari-Mutuel Wagering Trust Fund revenues. Board approved release of $326,000 of interest earnings to State Department of General Services for completion of the Marathon Government Center Building. 92/261 Board approved advance funding of the County's Refunding Improvement Revenue Bonds, Series 1983. Board continued to September 16th meeting discussion of recent amendments to Section 212.055 F.S. which enhances the revenue generating authority of small counties. Board approved reappointment of Tim Daniels (District One appointment) to Marine and Port Advisory Committee for three years, expiring April, 1995. Board approved reappointment of William Moore (District Two appointment) to Marine and Port Advisory Committee for three years, expiring April, 1995. Board approved reallocation of FY 192 Lighthouse Program funding to support other Care Center children's substance abuse prevention and intervention program. Board continued to September 16th meeting a discussion of screening committee's analysis and recommendation regarding the respondents to the Pigeon Key Request For Proposals. COUNTY CLERK Board approved the following Warrants: WORKERS COMPENSATION FUND (501), #3886-#3894, in the amount of $63,431.58. UPPER KEYS TRAUMA DISTRICT (722), #133-#135, in the amount of $11,415.62. TRANSLATOR FUND (712), #368-#370, in the amount of $22,897.55. TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), #777-#779, in the amount of $484,694.66. SUPPLEMENT TO GENERAL REVENUE FUND (002), #431-#434, in the amount of $44,339.23. FL TRUST FUND (600, 601), #1025-#1026, in the amount of $1,786.62. 92/262 SALES TAR BOND ANTICIPATION NOTE (305), #76-#85, in the amount of $345,090.28. ROAD AND BRIDGE (102), #719-#721, in the amount of $231,641.77. RISK MANAGEMENT FUND (503), #189-#192, in the amount of $29,299.19. PLANNING, BUILDING, & CODE ENFORCEMENT/PARRS & BEACHES UNINCORPORATED (716, 717), #389-#392, in the amount of $491,314.19. MSD TAXING DISTRICTS (705, 706, 719), #679-#682, in the amount of $316,006.20. MSD TAX DISTRICT (104) #1652-#1654, in the amount of $932,403.61. MSD PLEDGED FUNDS (104), #278-#280, in the amount of $1,900,000.00. LAW LIBRARY FUND (103), #371-#373, in the amount of $1,643.15. GROUP INSURANCE FUND (502), #526-#527, in the amount of $80,509.39. GENERAL REVENUE FUND (001), #174821-#175731, in the amount of $9,278,435.22. FINE & FORFEITURE FUND (101), #1277-#1279, in the amount of $1,987,062.89. FAIR SHARE IMPROVEMENT TRUST FUND (310-314), #99-#101, in the amount of $38,002.07. CARD SOUND BRIDGE FUND (401), #431-#433, in the amount of $44,339.23. CAPITAL PROJECTS FUND (301), #557-#562, in the amount of $562,520.65. AIRPORT OPERATION & MAINTENANCE FUND (004), #725-#727, in the amount of $210,132.48. 92/263 Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATION, Guillermo Marcovici, in the amount of $450.00. COURT -APPOINTED ATTORNEYS, Leonard Mikul, in the amount of $5,085.84; Candida Cobb, in the amount of $1,002.50; Donald Yates, in the amount of $472.75; Max Fischer, in the amount of $962.50; Leighton Morse, in the amount of $2,500.00; Leonard Mikul, in the amount of $1,017.30; Margaret Broz, in the amount of $1,377.00; Maria Betancourt, in the amount of $638.01; Stephen Isherwood, in the amount of $4,357.50; Jason Smith, in the amount of $2,080.00. OTHER EXPENSES, Witness Lodging, in the amount of $1,220.00; State of Florida, in the amount of $1,047.75; Associated Investigative Agency, in the amount of $500.00. COURT REPORTER SERVICES, Associated Court Reporters of Monroe County, in the amount of $718.25; Florida Keys Reporting, in the amount of $1,523.25; Kathleen Fegers, in the amount of $336.00; Lisa Roeser, in the amount of $85.00; Nancy J. Maleske, in the amount of $1,233.25; Amy Landry, in the amount of $1,772.28; Tara Martin, in the amount of $2,788.37; Laws Reporting Inc., in the amount of $383.00. COURT INTERPRETER SERVICES, Mayda Maloney, in the amount of $50.00; Jose Menendez, in the amount of $260.00; Juan Borges, in the amount of $300.00; Luis Sanchez, in the amount of $100.00; Margarita Oppermann, in the amount of $660.00; Eva Bartczak, in the amount of $55.00; Susan Tellez, in the amount of $145.00; Malgorzata Borkowsksa, in the amount of $50.00; Allen Graves, in the amount of $30.00; Ute Rohe, in the amount of $50.00; Fermin Pastrana, in the amount of $65.00; Elke Lutz, in the amount of $30.00; Joy Emanuel, in the amount of $25.00; Margarita Ogg, in the amount of $30.00. EXPERT WITNESS, Care Center of Mental Health, in the amount of $500.00. WITNESS PAYROLL, in the amount of $1,537.76. WITNESS TRAVEL, in the amount of $6,077.67. EXTRADITION, in the amount of $5,248.26. 92/264 Board officially approved Minutes of the following meetings of the Board of County Commissioners: 7/14/92, 7/15/92, 7/16/92, 7/20/92, 7/21/92, 7/22/92 LAND AUTHORITY Board continued to September 16th meeting all items agendaed for the Monroe County Land Authority. Motion carried unanimously. MISCELLANEOUS Gerry Tinlin addressed the Board concerning tourism, power usage and other matters of concern to the tourism industry. No official action was taken. COUNTY ADMINISTRATOR The following individuals addressed the Board concerning water and electrical power conservation measures to be followed in Monroe County: Robert Padron, Manager of City Electric System; Nathan Eden, attorney for City Electric System; Ed Swift; Richie Moretti; P. Crouch; Carolyn Crouch; Felix Cooper, City Manager of the City of Key West; Ray Kitchner of the Marathon Chamber of Commerce; Bill Wickers; Dan Lee; Sandra Higgs; Reggie Paros. Motion was made by Commissioner London and seconded by Commissioner Jones to adopt the following Resolution requesting that the City Electric System share power equally throughout the Keys. During discussion, Mayor Harvey indicated for the record that she felt this matter should be referred to the Key West City Commission. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. 92/265 RESOLUTION NO. 386-1992 See Res. Book No. 110 which is incorporated herein by reference. Motion was then made by Mayor Harvey and seconded by Commissioner Jones to adopt the following Resolution requesting the Key West City Commission to request the City Electric System to share power equally throughout the Keys. Roll call vote was unanimous. RESOLUTION NO. 385-1992 See Res. Book No. 110 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner London to adopt the following Resolution requesting all citizens of Monroe County to exercise their utmost restraint in water usage in order to conserve the available supply of water. Motion carried unanimously. RESOLUTION NO. 388-1992 See Res. Book No. 110 which is incorporated herein by reference. County Administrator Tom Brown addressed the Board concerning efforts taken for water and electrical power conservation. DIVISION OF GROWTH MANAGEMENT Mayor Harvey discussed the Meeting Schedule for the Comprehensive Plan, LDRs, Concurrency Management, Impact Fees, Dwelling Unit Allocation Ordinance, and establishment of Development Agreements. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve the Meeting Schedule attached hereto as Exhibit A. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Cheal Yes Jones Yes London Yes Stormont Yes No Motion carried. Motion was made by Mayor Harvey and seconded by Commissioner Jones to request an extension of four weeks for submission of responses to the ORC Report of DCA concerning the Land Use Plan if necessary. Roll call vote was unanimous. 92/266 COUNTY ATTORNEY County Attorney Randy Ludacer discussed a settlement of requested attorney's fees in the Jail Suit and indicated that he had received agreement for a $25,000 reduction in the requested attorney's fees. Motion was made by Mayor Harvey and seconded by Commissioner Jones to approve a negotiated settlement as described by the County Attorney. Roll call vote was unanimous. COUNTY ADMINISTRATOR The Board discussed the appointment of two Tourist Development Council members. Commissioner Jones nominated Tim Green for reappointment. Commissioner London nominated Bill Wickers for reappointment. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to approve these nominations. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Attorney Jim Hendrick addressed the Board concerning Hill vs. Monroe County, Gonzalez, and Melton litigation. Mark Rosch addressed the Board concerning DCA's ORC Report on the proposed Monroe County Year 2010 Comprehensive Plan. Commissioner Stormont asked that Staff bring back their recommendations concerning the ORC Report. Staff discussed Wallace -Roberts -Todd and communications with WRT relative to the ORC Report. Motion was made by Commissioner Stormont and seconded by Commissioner London to direct Staff to inform WRT to complete the Plan under the existing contract with no additional funding and should they refuse to do so, that Staff will complete the primary items. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve an additional amount of $4,631.50 to WRT for map changes that were approved by the Commission. Motion carried unanimously. COMMISSIONERS' ITEMS Mayor Harvey discussed funding for the Monroe County Public Health Unit. County Administrator Brown indicated that reductions in Risk Management and Mental Health Budgets would create a surplus of $276,000. Ann Rhodes of the Health Unit addressed the Board. Motion was made by Mayor Harvey and 92/267 seconded by Commissioner London directing the County Administrator to prepare amendments to the Tentative Budget that would restore $229,000 for the Monroe County Health Unit subject to provision of services equitably County -wide. Roll call vote was unanimous. COUNTY ADMINISTRATOR Motion was made by Mayor Harvey and seconded by Commissioner Stormont to not accept the listed changes of additional reductions to the FY 193 Monroe County Tentative Budget. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Administrator's recommendation regarding the Department of Veterans Affairs Proposed Organization/Budget for FY 193 to retain the Deputy Director's position and eliminate funding for the Marathon Assistant County Service Officer. Roll call vote was unanimous. Commissioner London discussed the need for further reductions and the current status of the Tentative Budget. The Board discussed Resolution approval and authorizing execution of an interlocal agreement with Osceola County Industrial Development Authority to issue bonds for the purchase of the building housing the Guidance Clinic of the Middle Keys. Motion was made by Commissioner Cheal to approve with changes recommended by Public Financial Management and Bond Counsel and subject to the approval of the County Attorney. During discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to postpone to the next meeting. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve extension of the County Administrator's employment until November 13, 1993 and authorize execution of the County Administrator's Employment Agreement. 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. 92/268 The County Administrator discussed a meeting with representatives from FEMA to take place on August 28th in Plantation Key. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to authorize use of Public Works and Pollution Control men and equipment for removal of trash and debris primarily in the right-of-way in Ocean Reef and other communities hit by Hurricane Andrew and with the declaration that Monroe County considers the current situation to be an emergency and that these actions are taken in furtherance of health, safety and welfare considerations. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve the transfer of a generator to Ocean Reef for their use in powering the wastewater treatment plant. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to authorize the County Administrator to use whatever equipment he deems necessary for clean-up activities. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Mayor Harvey to adopt the following Resolution concerning the transfer of funds. Motion carried unanimously. RESOLUTION NO. 418-1992 See Res. Book No. 110 which is incorporated herein by reference. MISCELLANEOUS Motion was made by Commissioner cheal and seconded by Commissioner Jones to adopt the following Resolution requesting Governor Lawton Chiles to postpone the September 1st Primary Election for two weeks due to the disruption caused by Hurricane Andrew. Roll call vote was unanimous. RESOLUTION NO. 387-1992 See Res. Book No. 110 which is incorporated herein by reference. The County Administrator advised that Art Stephenson would be the County's liaison with the Ocean Reef community. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to add to the Agenda consideration of an 92/269 Emergency Ordinance concerning price gouging. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to adopt the following Emergency Ordinance declaring an emergency exists and waiving notice by a four -fifths vote; prohibiting the act of selling or offering for sale any goods, materials, or services at prices which exceed the prices of such goods, materials, or services sold prior to August 24, 1992; prohibiting such acts; providing a penalty; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Motion carried unanimously. ORDINANCE NO. 027-1992 See Ord. Book No. 27 which is incorporated herewith by reference. 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