03/23/1994 Regular j � 94/74
\ MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, March 23 , 1994
Marathon
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9: 00 A.M. , on the above date, at the
Marathon Regional Service Center. Present and answering to roll
call were Commissioners Earl Cheal, Wilhelmina Harvey, Shirley
Freeman, Mary Kay Reich and Mayor London. Also present were
Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Randy
Ludacer, County Attorney; James Roberts, County Administrator;
County Staff; members of the Press and Radio; and the general
public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Harvey and seconded by
Commissioner Cheal granting approval of the Additions,
Corrections, and Deletions to the Agenda. Motion carried
unanimously.
VIDEO CONFERENCING
A Video Conference was conducted with Information
Systems Director Tim Miller. Mr. Miller discussed the video
conferencing system and its benefits.
CONSENT AGENDA
Motion was made by Commissioner Harvey and seconded by
Commissioner Freeman granting approval of the following items by
unanimous consent:
Board granted approval of four (4) Affordable Housing
( 1 Deed Restrictions, submitted by George MacLean, Pat Digeorgio,
Joseph Nemec, and Sylvia Murphy; said Deed Restrictions for
94/75
Affordable Housing have been completed and filed by the applicant
pursuant to the requirements of the Dwelling Unit Allocation Text
Amendment (Ordinance No. 016-1992) , and the County's Land
Development Regulations.
Board granted approval of the Planning Commission's
Recommendation regarding an excess allocation of one (1) award
for the 2nd quarter, October 14, 1993 through January 13 , 1994,
in the Upper Keys Subarea, under the Dwelling Allocation
Ordinance (ROGO) .
Board adopted the following Resolution granting
approval of a Grant Application to the Florida Department of
Environmental Protection, Division of Beaches and Shores, for
beach restoration on Lots 33 through 41 1/2, Coco Plum Beach
Subdivision, Marathon, approximate mile marker 54.5
RESOLUTION NO. 084-1994
See Res. Book No. 121 which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
submission of a Grant Application to the Florida Department of
Agriculture and Consumer Services for the Hurricane Andrew Urban
Reforestation Grant Program for Corrective Trimming/Structural
repair of damaged trees.
RESOLUTION NO. 085-1994
See Res. Book No. 121 which is incorporated herein by reference.
Board granted approval of the Flood Variance
Application of George H. Roberts first time placement of a mobile
home, below base flood elevation, on Lot 16, Block 5, Sexton Cove
Estates, Key Largo, Coastal Flood Zone VE 13 ' , Panel 0842F.
SPECIAL PROGRAMS OFFICE/MCHA
Board adopted the following Resolution accepting the
Monroe County Affordable Housing Committee Incentive Plan,
prepared by the Monroe County Affordable Housing Advisory
Committee.
RESOLUTION NO. 086-1994
See Res. Book No. 121 which is incorporated herein by reference.
Board adopted the following Resolution amending the
SHIP 1992-1993 Local Housing Assistance Plan - Amendment number
two (2) .
RESOLUTION NO. 087-1994
See Res. Book No. 121 which is incorporated herein by reference.
Revision
94/75A
The following Resolution was inadvertently left out of
the bulk motion:
Board adopted the following Resolution confirming the
Administrative Boundary interpretation of the Planning Director
in Land Use District Map Boundary Interpretation Number 92 , Lot
7, Block 1, Tavernier Harbor, Key Largo,, Monroe County, Florida,
approximately mile marker 92 .
RESOLUTION NO. 120-1994
See Res. Book No. 121 which is incorporated herein by reference.
94/76
Board adopted the following Resolution authorizing the
preparation and submission of a competitive grant application to
the Florida Housing Finance Agency (FHFA) for Federal Home
Investment Partnerships (HOME) Program Disaster Relief Set-Aside
Special Allocation Funds and directing the execution of
application documents.
RESOLUTION NO. 088-1994
See Res. Book No. 121 which is incorporated herein by reference.
PROGRAM/CONSTRUCTION MANAGER - MK/G
Board granted approval of Alternate Design Change Order
to Contract FF-102, Currie Schneider & Associates, for the Key
Largo Fire Facility, in an amount not to exceed $50, 000. 00.
Board granted approval of the mid-project status report
for the Marathon Airport project.
Board granted approval and authorized execution of
Change Order No. 01-028-003 to Smith Fence Company's Contract No.
KJ-028, Fence & Gates, in the amount of $5,791. 00 for the New
Detention Facility.
Board granted approval and authorized execution of
Change Order No. 32-001-002 to Page Building System' s Contract
No. FR-001, Roof Repairs, in the amount of $4, 083 . 00 for the Fire
Facilities
Board granted approval and authorized execution of
Change Order No. 28-001-001 to Sowesco Development's Contract GM-
001, Design/Build, in the amount of $2, 090. 00 for the Public
Works Maintenance Garage, Marathon.
Board granted approval of Schedule of Values for D.L.
Porter Construction, Contract No. FB-001, Construction, for the
Big Coppitt Fire Facility.
Board granted approval and authorized execution of
Change Order No. 01-021-005 to Wentworth Plastering's Contract
No. KJ-021, Gypsum Board, Lath & Plaster, in the decreased amount
of $1,984. 00 for the New Detention Facility.
Board granted approval and authorized execution of
Change Order No. 01-021-004 to Wentworth Plastering's Contract
No. KJ-021, Gypsum Board, Lath & Plaster, in the increased amount
of $842. 00 for the New Detention Facility.
Board granted approval and authorized execution of
( ) Change Order No. 01-029-004 to Allen's Environmental Equipment's
Contract No. KJ-029, WWTP Final Design and Construction, in the
94/77
increased amount of $5, 102 . 00 for the New Detention Facility.
Board granted approval and authorized execution of
Change Order No. 01-024-003 to Durabond Company's Contract No.
KJ-024, Special Flooring, in the increased amount of $865.00 for
the New Detention Facility,
Board granted approval and authorized execution of
Change Order No. 24-001-005 to Roma Construction's Contract No.
MA-001, Terminal Building, in the increased amount of $7,568. 00
for the Marathon Airport.
COUNTY ATTORNEY
Board granted approval and authorized execution of an
Extension of Employment Agreement between Monroe County and Randy
Ludacer as County Attorney for one additional year to July 1,
1995.
Board granted approval and authorized execution of an
Interlocal Agreement between Monroe County, the City of Key West
and the City of Key Colony Beach concerning the Monroe County
Telecommunications Authority created to regulate rates and
services to consumers of cable television within Monroe County.
COUNTY ADMINISTRATOR
Board granted approval of the recommendation to appoint
Michael Lannon to the Upper Keys Health Care Taxing District
Advisory Board.
Motion carried unanimously.
MISCELLANEOUS BULK
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal to adopt the following Resolution affirming
Monroe County's intent to develop Lots 15 through 21, Block 4,
Industrial Acres Subdivision and Lots 31 and 32, Block 2,
Hibiscus Park Subdivision, with a minimum of adverse impacts to
surrounding property owners.
RESOLUTION NO. 089-1994
See Res. Book No. 121 which is incorporated herein by reference.
Motion carried unanimously.
94/78
SOUNDING BOARD
Lynn C. Mapes, Deputy Director of Partnership for a
Drug-Free America, discussed the Partnership for a drug free
Florida Keys program. After discussion, motion was made by
Commissioner Cheal and seconded by Commissioner Harvey directing
the County Administrator to coordinate with Mr. Mapes for a plan
that Monroe County can implement concerning a drug free Florida
Keys program. Motion carried unanimously. Motion was also made
by Commissioner Cheal and seconded by Commissioner Freeman
granting approval of the use of Monroe County's Channel 16 to air
Drug Free Florida Keys advertisements. Motion carried
unanimously.
Stephen A. Chappell, of Generator Contractor, Inc. , and
Growth Management Director, Bob Herman, addressed the Board.
Motion was made by Commissioner Harvey and seconded by
Commissioner Reich granting approval of the extension of permit
No. 9110002378, with the provision of an inspection in 120 days,
and that all similar cases be first brought to the attention of
the Growth Management Division. Motion carried unanimously.
Douglass Cater discussed the future of the Key West
International Airport. Motion was made by Commissioner Cheal and
seconded by Commissioner Harvey directing Staff to draft a
Resolution for the Board's consideration directed to the
Congressional Delegation, Secretary of State, Secretary of
Defense, Secretary of the Navy, and the President regarding the
joint use of Boca Chica and that preceding the Resolution, a
letter also be sent with the Mayor's signature indicating that a
Resolution is anticipated to follow. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held concerning the adoption of a
Resolution renouncing and disclaiming any right of the County and
the public in and to a portion of an alley in Block A, Crain
Subdivision, Grassey Key, Monroe County, Florida. Thomas 0. Neff
addressed the Board. Motion was made by Commissioner Cheal and
seconded by Commissioner Freeman to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 090-1994
See Res. Book No. 121 which is incorporated herein by reference.
A Public Hearing was held concerning the adoption of a
Resolution renouncing and disclaiming any right of the County and
the public in and to a portion of Old State Road 4-A, Marathon
Beach Subdivision, Key Vaca, Monroe County. Karen Dennis
addressed the Board. Motion was made by Commissioner Cheal and
seconded by Commissioner Freeman to adopt the following
94/79
Resolution. Motion carried unanimously.
RESOLUTION NO. 091-1994
See Res. Book No. 121 which is incorporated herein by reference.
GROWTH MANAGEMENT
Growth Management Director, Bob Herman, discussed a
request he received from the Department of Community Affairs to
organize a meeting regarding the 4 Foot Rule.
Mr. Herman indicated that Charles G. Pattison, Director
of Resource Planning and Management of the Department of
Community Affairs, would like to come down and present some Land
Development Regulations that DCA would like to move forward on.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to hold a Special Meeting on April 12, 1994 to
begin at 9: 00 a.m. at the Marathon Government Center with the
Department of Community Affairs pursuant to the request. Motion
carried unanimously.
Special Litigation Counsel, James T. Hendrick,
discussed the Twin Harbors noise violation case scheduled for a
i. Motion for Summary Judgement on March 28, 1994 at 8:30 a.m. in
Plantation Key before Judge Overby. Mr. Hendrick discussed the
Pigeon Key appeal where an oral argument before a three judge
panel will be held in Miami next month.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting approval of a Settlement Agreement
in Case No. 93-938DRI, DCA v. William Charles Bond and Monroe
County. Motion carried unanimously.
Mr. Hendrick and Mr. Herman discussed a legal opinion
regarding Monroe County v. the U.S. Postal Service regarding
permitting requirements. Motion was made by Commissioner Cheal
and seconded by Commissioner Reich directing Staff to make a
Freedom of Information Act request for the plans for the post
offices facilities to analyze for local county conformance;
draft an appropriate Resolution expressing the Board's concern
for the differences between local and federal requirements to the
Congressional delegation and the Environmental Protection Agency.
Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich Yes
Mayor London No
Motion carried.
94/80
DISTRICT #1
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
BOARD OF GOVERNORS
The Board of Governors of District #1 Lower and Middle
Keys Fire and Ambulance District convened. Present and answering
to roll call were Commissioners James Fenhoff, Hal Halenza, Jack
London, Shirley Freeman, and Chairman Earl Cheal.
Motion was made by Commissioner London and seconded by
Commissioner Halenza to add the Board to the Agenda the adoption
of a Resolution. Motion carried unanimously.
Public Safety Director, Reggie Paros, addressed the
Board. Motion was made by Commissioner London and seconded by
Commissioner Halenza granting approval of Award of Bid for Fire
Rescue Equipment to the low bidder per item/unit for Municipal
Services Taxing District 1. Said bids are incorporated herein by
reference. Motion carried unanimously.
Mr. Paros addressed the Board. Motion made by
Commissioner Halenza and seconded by Commissioner London to adopt
the following Resolution of the Board of Governors of the Lower
and Middle Keys Fire and Ambulance District of Monroe County,
Florida, superseding Resolution No. 361-1992, and adopting an
amended fee schedule for use by the special taxing district for
providing ambulance services. Motion carried unanimously.
RESOLUTION NO. 092-1994
See Res. Book No. 121 which is incorporated herein by reference.
Mr. Paros addressed the Board. Motion was made by
Commissioner London and seconded by Chairman Cheal to adopt the
following Resolution renewing a loan with Nations Bank for the
funding of fire equipment for the Lower and Middle Keys Fire and
Ambulance District and granting authorization to execute a
Promissory Bote and Tax Anticipation Warrant. Motion carried
unanimously.
RESOLUTION NO. 093-1994
See Res. Book No. 121 which is incorporated herein by reference.
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire and
Ambulance District adjourned.
* * * * *
Re.viseci
94/81
The Board of County Commissioners reconvened with all
Commissioners present.
GROWTH MANAGEMENT
Special Litigation Counsel, James T. Hendrick,
discussed the Marathon Jet Center lease and the need to obtain
outside counsel in regards to anti trust law. Motion was made by
Commissioner Harvey and seconded by Commissioner Freeman granting
approval to obtain an anti-trust law attorney in regards to the
Marathon Jet Center lease issue. Motion carried unanimously.
Mr. Hendrick discussed the removal of the Boot Key
Bridge and the need to obtain outside counsel that specializes in
condemnation cases. Motion was made by Commissioner Cheal and
seconded by Commissioner Harvey granting approval to obtain
outside counsel specializing in condemnation cases in regards to
the Boot Key Bridge removal. Motion carried unanimously.
Mr. Hendrick updated the Board on the status of the
Melton Dock case. No official action was taken.
Parks and Recreation Advisory Board Chairman, Duncan
Matthewson, presented the annual report on parks and recreation
in Monroe County. Motion was made by Commissioner Freeman and
seconded by Commissioner Cheal giving commendation to the Parks
and Recreation Board for the report and referring this item to
the County Administrator for recommendation. Motion carried
unanimously.
COUNTY ADMINISTRATOR
Nancy Graham, representing the American Red Cross, and
Paulette Ettachild, representing Legal Services of the Florida
Keys, addressed the Board concerning the approval of assistance
to Legal Services and the American Red Cross. After discussion,
motion was made by Commissioner Cheal and seconded by
Commissioner Harvey granting assistance to the American Red Cross .
in the amount of $3 ,500. 00 and the amount of $4, 500. 00 to the
Legal Services of the Florida Keys. Roll call vote was
unanimous.
SPECIAL PROGRAMS OFFICE/MCHA
Director of Special Programs, Roger Braun, addressed
the Board. Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to adopt the following Resolution
authorizing the waiver of applicable Building Permit/Planning
Fees for implementation of county rehabilitation of County
94/82
Housing Rehabilitation Programs for the eligible very-low and low
income residents participating in the county's programs.
RESOLUTION NO. 094-1994
See Res. Book No. 121 which is incorporated herein by reference.
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal to adopt the following Resolution authorizing
the advertising of a Request for Qualification of specified
architectural services for the implementation of the County's
Housing Grants and establishment of a Selection Committee.
RESOLUTION NO. 095-1994
See Res. Book No. 121 which is incorporated herein by reference.
GROWTH MANAGEMENT
Debra Harrison, representing The Wilderness Society;
Bill Smith, representing the Florida Keys Contractor's
Association; and Growth Management Director, Bob Herman,
addressed the Board, concerning cesspool and septic tank
inspections. Motion was made by Mayor London and seconded by
Commissioner Freeman directing Mr. Herman to immediately begin to
address the issue of funding for cesspit replacements. Roll call
vote was unanimous.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich directing the County Administrator to review
the present process and make recommendations to the Board for
changes and improvements in the future and bring those
recommendations back to the Board. Roll call vote was unanimous.
Special Litigation Counsel, James T. Hendrick,
discussed his representation of Truman Annex Development and Key
West Fairway projects; his agreement and representation with the
county; , and the City of Key West and Monroe County's Rate of
Growth Ordinance.
DIVISION OF ENVIRONMENTAL MANAGEMENT
VIDEO CONFERENCE
A Video Conference was conducted with Environmental
Management Director, Barry Boldissar. Mr. Boldissar discussed
Solid Waste collection contracts for Fiscal Year 1995
negotiations. No official action was taken.
Commissioner Harvey discussed several letters she
received concerning debris collected by volunteers from waters
surrounding the Florida Keys, including Key West, along the land
94/83
(shores) awaiting "mobile pick-up" by willing hands with a truck;
request to haul. This matter was referred to Environmental
Management.
PROGRAM/CONSTRUCTION MANAGER - MR/G
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to reconsider agenda item H-1 concerning an
alternate design change order to Contract FF-102 , Currie
Schneider & Associates, for the Key Largo Fire Facility. Motion
carried unanimously.
Construction Manager, Larry Keys addressed the Board.
Motion was made by Commissioner Harvey and seconded by
Commissioner Cheal to hold the gross square footage of the Key
Largo Fire Facility to 7200 square feet, the new building be
spaced some distance from the existing building, the interior
finishes be the same as the Big Coppitt Fire Facility, and remove
the architectural relief on the exterior walls. Motion carried
unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey granting approval and authorizing execution
of Change Order 01-017-011 to D. L. Porter Construction's
Contract No. KJ-017, Concrete, in the increased amount of
$2,590. 00 for the New Detention Facility. Motion carried
unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting approval and authorizing execution
of Change Order 01-025-003 to Lyle Painting's Contract No. KJ-
025, Painting & Wallcovering, in the amount of $480. 00 for the
New Detention Facility. Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to approve the following items:
Change Order No. 01-017-010 to D.L. Porter
Construction's Contract No. KJ-017, Concrete, in the increased
amount of $3,705. 00 for the New Detention Facility.
Change Order No. 01-011-004 to Rodel Group's Contract
No. KJ-011, Fire Protection System, in the increased amount of
$2 , 936. 00 for the New Detention Facility.
Change Order No. 01-010-016 to Lake Plumbing' s Contract
No. KJ-010, Prime Plumbing, in the increased amount of $9,223. 00
for the New Detention Facility.
Change Order No. 24-002-003 to Douglas N. Higgins,
94/84
Inc. 's Contract No. MA-002, Sitework, in the increased amount of
$1,765.50 for the Marathon Airport.
Change Order No. 01-008-012 to J. F. Hoff Electric's
Contract No. KJ-008, Prime Electrical, in the increased amount of
$20,557. 00 for the New Detention Facility.
Change Order No. 01-017-012 to D.L. Porter
Construction's Contract No. KJ-017, Concrete, in the increased
amount of $12 , 175. 00, for the New Detention Facility.
Change Order No. 1 to purchase order no. 155697 to
Southern Bell, Essx System with integral equipment, in the
increased amount of $12 ,814. 89 for the New Detention Facility.
Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded by
Commissioner Reich to approve the following items:
Change Order No. 01-011-003 to Rodel Group's Contract
No. KJ-011, Fire Protection System, in the increased amount of
$9,826. 00 for the New Detention Facility.
( I Change Order No. 01-011-005 to Rodel Group' s Contract
No. KJ-011, Fire Protection System, in the increased amount of
$993 . 00 for the New Detention Facility.
Change Order No. 01-021-006 to Wentworth Plastering's
Contract No. KJ-021, Gypsum Board, Lath & Plaster, in the
increased amount of $2, 318. 00 for the New Detention Facility.
Change Order 01-021-007 to Wentworth Plastering's
Contract No. KJ-021, Gypsum Board, Lath & Plaster, in the
increased amount of $790. 00 for the New Detention Facility.
Change Order No. 01-021-008 to Wentworth Plastering's
Contract No. KJ-021, Gypsum Board, Lath & Plaster, in the
increased amount of $1, 700. 00 for the New Detention Facility.
Change Order No. 24-001-004 to Roma Construction's
Contract No. MA-001, Terminal Building, in the increased amount
of $3 ,781. 00 for the Marathon Airport.
Change Order No. 24-001-003 to Roma Construction's
Contract No. MA-001, Terminal Building, in the increased amount
of $199. 00 for the Marathon Airport.
Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman directing the County Administrator and the
94/85
County Attorney to consider responsibility for the above change
orders in future negotiation with the architect. Motion carried
unanimously.
Motion was made by Commissioner Cheal and seconded by
Mayor London to reconsider agenda item H-24 concerning the
approval of Change Order No. 1 to purchase order no. 155697 to
Southern Bell, Essx System with integral equipment, in the amount
of $12,814.89 for the New Detention Facility. Motion carried
unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich granting approval and authorizing the
execution of Change Order No. 1 to purchase order no. 155697 to
Southern Bell, Essx System with integral equipment, for the New
Detention Facility. Motion carried unanimously.
COUNTY ADMINISTRATOR
Paramedic/Shift Supervisor, Mike D. 'Haem, addressed the
Board on the Emergency Medical Services provided in Monroe
County.
County Administrator, James Roberts conducted a Video
Conference with Risk Management Director, Donna Perez. Ms. Perez
reported on the current status of the renewal of Monroe County's
property insurance.
Mr. Roberts discussed the status of the strategic
planning process.
Mr. Roberts discussed the budget process.
Commissioner Freeman discussed the appointment of Bill
Ellinghause to the Telecommunications Authority. Motion was then
made by Commissioner Freeman and seconded by Commissioner Cheal
granting the appointment of Bill Ellinghause to the
Telecommunications Authority. Roll call vote was unanimous.
Mr. Roberts discussed the policies for use of the
BOCC/EOC meeting room in Marathon.
Mayor London discussed signage in front of the Marathon
Regional Service Center. Motion was made by Commissioner Cheal
and seconded by Commissioner Harvey to strongly recommend to the
State that the Marathon Regional Service Center be called the
Marathon Government Center. Motion carried unanimously.
There being no further business, the meeting was
adjourned.
94/86
Clerk to the Board of County
Commissioners of Monroe County
A.0.141. C. L121/104,;))
Isabel C. DeSantis,
Deputy Clerk