11/30/1993 Regular 93/518
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Tuesday, November 30, 1993
Key Largo
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9: 00 A.M. , on the above date, at the
Key Largo Library. Present and answering to roll call were
Commissioners, Shirley Freeman, Mary Kay Reich and Mayor London.
Absent was Commissioner Harvey. Also present were Danny L.
Kolhage, 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.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to approve Additions, Deletions, and
Corrections to the Agenda. Motion carried unanimously, with
Commissioner Harvey not present.
PRESENTATION OF AWARDS
An Employee of the Month Award was presented to Adrian
Fogelin, Library Services, Community Services Division, for the
month of August, 1993 .
Commissioner Freeman, on behalf of the Zonta Club of
Key West, presented Mayor London with a Certificate of
Appreciation for his assistance to Zonta during Breast Cancer
Awareness Week.
BULK APPROVALS
Motion was made by Commissioner Reich and seconded by
Commissioner Freeman to approve the following items by unanimous
consent:
Board granted approval to purchase a Crew Cab Dump
93/519
Truck, at state contract price, from the Atlantic Ford Truck
Sales for the Road Department in the amount of $41,419 . 00.
Board granted approval to advertise a Request for
Qualifications for the construction of the Stock Island Computer
Facility project to be located at the Public Service Building,
Wing IV, Stock Island, and granted approval of the Selection
Committee recommendation per Staff recommendation.
Board granted authorization to pay an additional
$27,524. 00, excess liability insurance premium, to the Florida
League of Cities.
Board granted approval of a Purchase Service Order for
Greiner regarding preparation of Rates and Charges Study for the
Key West and Marathon Airports.
Board granted approval and authorized execution of a
Contract between Monroe County and Upper Keys Marine
Construction, Inc. , for clearing and grubbing at the Marathon
Airport in the amount of $56, 262 . 00.
Board granted approval and authorized execution of a
Contract between Monroe County and Jaco Electric, Inc. , for
airfield guidance signs and lighting at the Key West
International and Marathon Airports in the amount of $135,984 . 00.
Board granted approval and authorized execution of a
Release of Interest Letter from Monroe County releasing County
interest in vessel abandoned on County Property.
Board granted approval and authorized execution of an
Addendum to the Agreement between Monroe County and Frank Keevan
and Son, Inc. , for an extension of time to complete Derelict
Vessel Removal Phase II-1993 .
Board granted permission to place before the Board of
County Commissioners removal of a wheelchair lift formerly
attached to a 1979 minibus which has been removed from inventory
and to solicit bids for resale.
Board granted approval of a settlement offer of a Code
Enforcement Lien on the property of Michael Guty c/o Circle K.
Corporation, CEB Case #L3-92-1001.
Board granted approval and authorized execution of an
Agreement for the maintenance of the garden at the Key West
Library between Monroe County and The Rath Foundation, Inc.
Board granted approval and authorized execution of a
Joint Participation Agreement between Monroe County and the State
of Florida Department of Transportation Contract #A5127,
93/520
regarding the Marathon Terminal Construction, Phase I.
Board granted approval and authorized execution of a
Sign Lease between Monroe County and The Key Ambassador at the
Key West International Airport.
Board granted approval and authorized execution of a
Display Lease between Monroe County and Rejoyce, Inc. at the Key
West International Airport.
Board granted approval and authorized execution of a
Supplemental Joint Participation Agreement between Monroe County
and the Florida Department of Transportation, Contract #A7520,
for the Passenger Terminal Complex at the Marathon Airport.
Board granted approval and authorized execution of a
Joint Participation Agreement between Monroe County and the
Florida Department of Transportation, Contract #A7520, to
construct a Sewage Treatment Plant along with additional Terminal
Facility Projects for the Marathon Airport.
Board granted approval and authorized execution of a
Joint Participation Agreement between Monroe County and the
Florida Department of Transportation, Contract #AA7736, to
maintain a clear zone at the Key West International Airport.
Board granted approval and authorized execution of a
Joint Participation Agreement between Monroe County and the
Florida Department of Transportation, Contract #A5124, to
construct Auto Parking Facilities at the Key West International
Airport.
Board granted approval for Omega Sector, Inc. , to
revise the dates for use and closure of State Road 4A to local
traffic, on Sugarloaf Key, for filming between November 27
through December 23, 1993, for a 12 day period contingent upon
previously approved conditions.
Board granted approval to remove the following surplus
property from the inventory of the Supervisor of Elections and
advertise for bids:
0702-335 A Cardreader Compiler
0702-335 B Cardreader Compiler'
0702-335 C Cardreader Compiler
0702-335 D Cardreader Compiler
0702-335 E Cardreader Compiler
251 Data Vote ballot card punches
Board granted approval to designate the Director of
Environmental Management, or his appointed representative, as
93/521
Operation Coordinator for all matters relative to the Restated
Monroe County Transfer Stations Operations and Maintenance
Agreements.
Board adopted the following Resolution concerning the
Transfer of Funds.
RESOLUTION NO. 505-1993
See Res. Book No. 119 which is incorporated herein by reference.
Board adopted the following Resolutions concerning the
Receipt of Unanticipated Funds, for Fiscal Year 1994.
RESOLUTION NO. 506-1993
RESOLUTION NO. 507-1993
RESOLUTION NO. 508-1993
RESOLUTION NO. 509-1993
RESOLUTION NO. 510-1993
RESOLUTION NO. 511-1993
See Res. Book No. 119 which is incorporated herein by reference.
Board granted approval to waive Purchasing Polices &
Procedures and accept the recommendation of a proposal submitted
and a purchase request by Purchasing Department for the purchase
of five generators and to obtain two or more proposals for
installation of generators, accepting lowest proposal.
Board adopted the following Resolution denying the
appeal of Si and Rebecca Stern and Dr. Barry Jacobs and upholding
the Planning Director's decision to grant a noise variance to
Omega Sector, Inc.
RESOLUTION NO. 512-1993
See Res. Book No. 119 which is incorporated herein by reference.
Board granted approval to advertise an Ordinance
amending Section 2-1 (C) ; Providing authority for the County
Administrator to execute Airport Sign Leases; Providing for
severability; Providing for repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe County
Code; and providing an effective date.
Board granted approval to execute and Amendment to
Advance/Cost Reimbursement to the Older American Act, Contract
#KG-351, reflecting an increase of $91, 062 . 00.
Board approved acknowledgement of a $16, 000. 00 balance
in an inventory account for office supplies, as of 09-30-93 , for
the Purchasing Department.
Board adopted the following Resolution amending
Resolution No. 415-1993, concerning the Mosquito Control/Tire
93/522
Abatement Grant.
RESOLUTION NO. 513-1993
See Res. Book No. 119 which is incorporated herein by reference.
Board adopted the following Resolutions concerning the
Receipt of Unanticipated Funds, Fiscal Year 1994.
RESOLUTION NO. 514-1993
RESOLUTION NO. 515-1993
RESOLUTION NO. 516-1993
See Res. Book No. 119 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds, Fiscal Year 1993 .
RESOLUTION NO. 517-1993
See Res. Book No. 119 which is incorporated herein by reference.
SHERIFF'S DEPARTMENT
Board granted approval of acceptance of funds and
expenditures from the Law Enforcement Trust Fund in the total
amount of $17, 038.50, to purchase the following items:
Mobile Traffic Radar System, known as
"SMART", (Speed Monitoring Awareness
Radar Trailer) system. $12, 925. 00
Lap Top Computer and Pocket Modem 4, 113 .50
Total 17, 038.50
CONSTRUCTION PROGRAM MANAGEMENT MK/G
Board granted approval of MK/G revised budget.
Board granted approval and authorized execution of
Change Order No. 01-017-008, to D. L. Porter's Contract No. KJ-
017, Concrete, in the increased amount of $13,316. 00, for the New
Detention Facility.
Board granted approval and authorized execution of
Change Order 01-027-002, to RJC & Associate's Contract No. KJ-
027, Carpentry, Flooring and Ceilings, for the New Detention
Facility.
Board granted approval and authorized execution of
Change Order No. 01-021-003, to Wentworth Plastering' s Contract
No. KJ-021, Gypsum Board, Lath and Plaster, and Change Order No.
93/523
01-016-004, to D. L. Porter Construction's Contract No. KJ-016,
Masonry, for the New Detention Facility.
Board granted approval of Schedule of Values for Page
Building Systems Corporation, Contract No. FR-001, Fire
Facilities Roof Repairs, for the Conch Key, Islamorada, Marathon
and Tavernier Fire Stations.
Board granted approval and authorized execution of
Change Order No. 01-014-006, to National Detention Group's
Contract No. KJ-014, Metals, Doors and Glazing, for the New
Detention Facility.
COUNTY ATTORNEY
Board granted approval to advertise an Ordinance
creating Section , Monroe County Code; Creating the Monroe
County Telecommunications Authority; Providing procedures for the
regulation of Cable Television Rates and the consideration and
resolution of complaints with respect to the Cable Television
Rates regulated by the County; Providing procedures for the
review and resolution of complaints with respect to consumer
services and protection provided by Cable Television Systems
Operating within the County; Providing for severability;
Providing for repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code; and
providing an effective date.
COMMISSIONERS' ITEMS
Board granted approval to advertise in the Middle Keys
newspapers seeking any proposals to sell 10 acres or larger
parcels that could be considered for recreational area in
Marathon.
Board granted approval of the appointment of Dave
Sanford to the Marine and Port Advisory Committee.
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Care Center for
Mental Health, in the amount of $750. 00; Tanju Mishara, in the
amount of $800. 00; Deborah Harrison, in the amount of $500. 00;
Guillermo Marcovici, in the amount of $1,987.50; David Nathanson,
in the amount of $300. 00; Guidance Clinic of the Middle Keys, in
the amount of $730. 00.
93/524
COURT-APPOINTED ATTORNEYS, Angel Ruiz, in the amount of
$420. 00; Candida Cobb, in the amount of $350. 00; Charles
Milligan, in the amount of $350. 00; Cunningham, Albritton,
Miller, in the amount of $292 . 00; Diana Curtis-Reif, in the
amount of $903 . 00; Donald Yates, in the amount of $350. 00; Gerald
Pletan, in the amount of $1,163 . 00; Jason Smith, in the amount of
$2, 125. 00; Jeffrey Meyer, in the amount of $3, 373 . 00; Max
Fischer, in the amount of $3 , 798 .50; Stephen Isherwood, in the
amount of $1,200. 00.
OTHER EXPENSES, Witness Lodging, in the amount of $168. 60;
State of Florida, in the amount of $150. 15; State of Florida
(Copies) , in the amount of $954.45.
REGULAR WITNESS FEES, Witness Payroll, in the amount of
$1, 267. 68
COURT REPORTER SERVICES, Amy Landry, in the amount of
$2,500.75; Associated Court Reporters, in the amount of
$4, 679.25; Atlantic Reporting Service, in the amount of $99. 00;
Florida Keys Reporting, in the amount of $161. 25; Kathleen A.
Fegers, in the amount of $1, 056. 00; Lisa Roeser, in the amount of
$45. 00; Nancy Maleske, in the amount of $653 . 50; Tara Martin, in
the amount of $132 .35
COURT INTERPRETER SERVICES, Basia Dziewanowski, in the
amount of $50. 00; Christof Schawwecker, in the amount of $45. 00;
Diego Rivera, in the amount of $30. 00; Eva Carbone, in the amount
of $70. 00; Jenna Sprague, in the amount of $40. 00; Jose R.
Menendez, in the amount of $70. 00; Jose M. Estevez, in the amount
of $30. 00; Katarzyna Chroscik, in the amount of $50. 00; Maria
Gonzalez, in the amount of $80. 00; Sara O'Neal, in the amount of
$35. 00; Susan Tellez, in the amount of $80. 00; William G. Waddel,
in the amount of $280. 00.
TRAVEL EXPENSE, Witness Travel, in the amount of $1,892 . 32
EXPERT WITNESS, Dr. Richard Matthews, in the amount of
$450. 00.
EXTRADITION, in the amount of $3, 923 . 03
Board approved the following Warrants:
WORKERS COMPENSATION FUND (501) , #4012-#4014, in the amount
of $251, 391. 89
UPPER KEYS TRAUMA DISTRICT (144) , #197-#199, in the amount
of $115,853 .77
TRANSLATOR FUND (142) , #451-#454, in the amount of
93/525
$80,206.91
TOURIST DEVELOPMENT COUNCIL (107-111, 116-121) , #851-#854,
in the amount of $392,528. 63
SUPPLEMENT TO GENERAL REVENUE FUND (002) , #496-#498, in the
amount of $104, 301.48
FL TRUST FUND (600,601) , #1057-1059, in the amount of
$5,722 .78
SALES TAX BOND ANTICIPATION NOTE (305) , #162-#165, in the
amount of $81,550.70
ROAD AND BRIDGE OPERATING (102) , #796-#798, in the amount of
$405,627.49
RISK MANAGEMENT FUND (503) , #262-#264, in the amount
of $133,483 .79
PLANNING,BUILDING,& CODE ENFORCEMENT/
PARKS & BEACHES UNINCORPORATED (148, 147) , #470-#472, in the
amount of $218,414. 18
MSD TAXING DISTRICTS (145, 146, 141) , #761-#764, in the amount
of $299, 358.88
MSD PLEDGED FUNDS (414) , #354-#356, in the amount of
$999,410.92
LAW LIBRARY FUND (103) , #424-426, in the amount of $1,341. 69
MONROE COUNTY GROUP INS FUND (502) , #618-#623 , in the amount
of $412,795.81
GENERAL REVENUE FUND (001) , #203791-#204638, in the amount
of $7,259,505. 61
FINE & FORFEITURE FUND (101) , #1390-#1394, in the amount of
$2 ,260, 130.29
FAIR SHARE IMPROVEMENT TRUST FUND (130-134) , #147-#149, in
the amount of $18,846. 39
CARD SOUND BRIDGE FUND (401) , #512-#514, in the amount of
$44,216.29
CAPITAL PROJECTS FUND (301) , #662-#666, in the amount of
$362,565.96
AIRPORT OPERATION & MAINTENANCE FUND (004) , #851-#855, in
the amount of $194,530. 36
93/526
MARINERS HOSPITAL SPEC TAX (715) , #079, in the amount of
$8,914.25
MONROE COUNTY LOCAL HOUSING ASSIST. , #1001, in the amount of
$27,508.59
COMMUNITY DEVELOPMENT BLOCK GRANT (100) , #0066, in the
amount of $11,565.04
Motion carried unanimously, with Commissioner Harvey not present.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting authorization to execute an
Addendum to Agreement between Monroe County and Dion Oil Company
to renew existing fuel Contract for one year. Motion carried
unanimously, with Commissioner Harvey not present.
Community Services Director, Peter Horton, addressed
the Board. Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting authorization to execute a
Purchase/Service Order between Monroe County and Greiner, Inc. ,
PSO #93/94-8 regarding sewer lateral connections at the Key West
International Airport. Motion carried unanimously, with
Commissioner Harvey not present.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich granting authorization to execute an
Agreement, as amended, between Monroe County and The Friends of
the Monroe County Public Library in Key West, Florida, Inc. , for
the installation of a garden at the Key West Library. Said
amendment as follows:
In the event of default of this Agreement by
the Friends of the Monroe County Public
Library in Key West, Florida, Inc. , Friends
liability for said default shall be limited
to remaining balance of any funds received or
to be received from the Rath Foundation's
donation.
(delete last sentence of paragraph 3, and make the
above a separate paragraph. )
Motion carried unanimously, with Commissioner Harvey not present.
David Tackett and Mr. Pat Tierney, addressed the Board,
concerning The Friends of the Library for the installation of a
garden at the Monroe County Public Library in Key West, Florida.
REVISION
93/527
i
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting authorization to execute a Sign
Lease between Monroe County and Buggy Bus, Inc. , for space at the
Key West International Airport. Motion carried unanimously, with
Commissioner Harvey not present.
Motion was made by Mayor London and seconded by
Commissioner Cheal granting authorization to execute a Contract
between Monroe County and the Atwood Chiropractic Life Center,
Inc. , to implement a segment of the Pretrial Services Drug
Diversion and Treatment Program. Motion carried unanimously,
with Commissioner Harvey not present.
DIVISION OF COMMUNITY SERVICES
Community Services Director, Peter Horton, presented a
Derelict Vessel Status Report. Mr. Horton also discussed
Airways International discontinuing service at the Marathon
Airport as of December 15, 1993 .
DIVISION OF MANAGEMENT SERVICES
County Administrator, James Roberts, addressed the
Board concerning the following Agenda items:
Agenda Item I-2 Approval to terminate Agreement
with Life Center Foundation, Inc. ,
providing for alcohol and drug
abuse treatment as specified in
Contract #KH383 between Health and
Rehabilitative Services and
Monroe County, due to lack of
performance.
Agenda Item I-3 Approval, in concept, of developing
an Agreement with the Guidance
Clinic of the Middle Keys to
provide the uncompleted Residential
Level I services under Health and
Rehabilitative Services Contract
#KH383 , and approval to call a
Special Meeting on December 15,
1993 , to consider the Agreement.
Agenda Item I-4 Approval to terminate with Life
Center Foundation, Inc. , providing
services to homeless mentally ill
persons as specified in Contract
KH#441 between Health and
Rehabilitative Services and Monroe
County, due to lack of performance.
93/528
Agenda Item I-5 Approval in concept of developing
an Agreement with the Care Center
For Mental Health to provide the
uncompleted services to the
homeless mentally ill under Health
and Rehabilitative Services
Contract #KH441, and approval to
call a Special Meeting on December
15, 1993, to consider the
Agreement.
Bill Irby, Executive Director of the Life Center
Foundation, Inc. , addressed the Board concerning the items.
After discussion, motion was made by Commissioner Cheal and
seconded by Mayor London to approve Agenda items I-2 through I-5.
Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Absent
Commissioner Reich No
Mayor London Yes
Motion carried.
COUNTY ATTORNEY
County Attorney, Randy Ludacer, discussed the Comerica
Trust Company of Florida, N.A. , etc. vs. Monroe County, Florida
and New Port Largo, Inc. , law suits.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to call a Special Meeting at 1: 00 P.M. at the
next regularly scheduled Board Meeting at Key Colony Beach City
Hall, in an attorney/client session, pursuant to the provisions
of F.S. 286. 011, Part 8, to discuss the New Port Largo, Inc. ,
litigation. Motion carried unanimously, with Commissioner Harvey
not present.
Motion was made Commissioner Freeman and seconded by
Commissioner Cheal to adopt the following Resolution to include
the County Attorney in Senior Management Service Class. Motion
carried unanimously, with Commissioner Harvey not present.
RESOLUTION NO. 518-1993
See Res. Book No. 119 which is incorporated herein by reference.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to delete any reference to a Special Meeting
for Agenda items N-3 and N-5 concerning an attorney/client
session to discuss the New Port Largo, Inc. , lawsuit. Motion
93/529
carried unanimously, with Commissioner Harvey not present.
COMMISSIONERS' ITEMS
Commissioner Cheal discussed the County Attorneys
functions and the law firm of Morgan & Hendrick.
Commissioner Cheal discussed adoption of a Resolution
requesting the Monroe County School and the Florida Department of
Education to develop a policy which would direct that all future
new and expanded school facilities be designed and constructed to
withstand a Category V Hurricane. Commissioner Cheal was
delegated as a representative to the Monroe County School Board
on this item.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to adopt the following Resolution, as
amended, directing all county government departments and
operations to adopt integrated pest management practices for
exterior landscapes and grounds and interior pest control. Said
amendment as follows:
Delete the words "but not later than ,
1994. " and insert a period after the words "considering
contractual obligations" at the end of the sentence in Section 1.
RESOLUTION NO. 519-1993
See Res. Book No. 119 which is incorporated herein by reference.
Motion carried unanimously, with Commissioner Harvey not present.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to adopt the following Resolution which is
in the best interests of the taxpayers of Monroe County to reduce
the expenditure of taxes by housing State Agencies in State owned
facilities at no additional cost to the County if space is
available in a State building. Motion carried unanimously, with
Commissioner Harvey not present.
RESOLUTION NO. 520-1993
See Res. Book No. 119 which is incorporated herein by reference.
Motion was made by Mayor London and seconded by
Commissioner Freeman to adopt the following Resolution requesting
renewal of a Lease from the Florida Department of Transportation
of a parcel of land in Upper Matecumbe, Monroe County, which
parcel is to be subleased to the Islamorada Chamber of Commerce
for a period of thirty years. Motion carried unanimously, with
Commissioner Harvey not present.
RESOLUTION NO. 521-1993
93/530
See Res. Book No. 119 which is incorporated herein by reference.
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 Hal Halenza, Jack London, Mary
Kay Reich, and Chairman Earl Cheal. Absent was Commissioner
James Feinhoff.
Motion was made by Commissioner London and seconded by
Commissioner Halenza granting approval for a Customer Support
Agreement between Sweet Computer Services and Monroe County for
Emergency Medical Services accounts receivable computer software
support, for the period from December 9, 1993 through December 8,
1994, in the amount of $790. 00. Motion carried unanimously, with
Commissioner Feinhoff not present.
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire and
Ambulance District adjourned.
* * * * *
The Board of County Commissioners reconvened with all
Commissioners present.
COUNTY ADMINISTRATOR
County Administrator, James Roberts, presented a report
on the Administrator's review of management and administrative
issues pertaining to the Upper Keys Trauma District.
Mr. Roberts discussed a report and recommendations
concerning the future Strategic Panning Process. Motion was made
by Commissioner Cheal and seconded by Commissioner Freeman
granting approval of Staff recommendation of the Strategic
Planning Process, with Commissioner Freeman being the Board
representative on the Coordinating Committee, and for the County
Administrator to adjust the schedule appropriately. Roll call
vote was unanimous, with Commissioner Harvey not present.
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal granting approval of the County
Administrator's Memo dated November 1993, concerning the 1994
93/531
Board of County Commissioners Meetings and Agenda Deadlines
(Alternate) . Betty Vail addressed the Board. Motion carried
unanimously, with Commissioner Harvey not present.
Motion was made by Commissioner Reich and seconded by
Commissioner Cheal granting approval of the Land Development
Regulation meeting dates of January 4 and 18, 1994, to be held at
Key Colony Beach City Hall. Motion carried unanimously, with
Commissioner Harvey not present.
APPOINTMENTS
Motion was made by Commissioner Freeman and seconded by
Mayor London to nominating Commissioner Reich to the Alliance for
Aging. Motion carried unanimously, with Commissioner Harvey not
present.
Motion was made by Mayor London and seconded by
Commissioner Freeman nominating Commissioner Cheal as the Boards
liaison to the South Florida Water Management District. Motion
carried unanimously, with Commissioner Harvey not present.
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal granting approval of the following 1994
Appointments of Commissioners to various duties:
1. Fine Arts Council - ex officio member
a. Currently London - new Harvey
2 . * Jail Advisory Committee
a. Currently London - new London
3 . * Jail Oversight Committee -
a. Currently Cheal - new Cheal
4 . * Land Use Facilitator
a. Currently Freeman - new London
5. Municipal Services Taxing District #1
(Fire and EMS) Board of Governors
(On 12/19/90, BOCC Policy established that,
according to Ordinance, two Commissioners from
that district always serve, with the third
appointment to be rotational among the remaining
Commissioners)
a. Cheal (from the District)
b. London (from the District)
c. Rotationally - currently Reich - new Freeman
93/532
6. Value Adjustment Board
Current membership of Board will not change until
work of current Board is completed. New Board
will be in effect beginning in the fall of 1994.
a. Currently - Freeman, Reich, Cheal - new
Harvey, Freeman, Reich
7. South Florida Regional Planning Council
a. Currently Cheal - new Freeman
b. Currently Reich - new London
8. Voter Canvassing Board (Duties will begin with
March Preferential Primary)
Statutes require that the Chairman of the Board of
County Commissioners serve. However, it is
provided that if such cannot serve, is a candidate
who has opposition in the election being
canvassed, or is an active participant in the
campaign or candidacy of any candidate who has
opposition in the election being canvassed, the
Board of County Commissioners shall appoint a
member who is not a candidate in the election
being canvassed and who is not actively
participating in a campaign for candidacy whose
election is being canvassed.
a. Currently Chairman of the Board of County
Commissioners. That person will serve, in any
event, for the March Preferential Primary. If
that person is an opposed candidate in September,
or has opposition in November, he cannot serve
then. In the event that the Mayor cannot serve,
rotationally the member would be Commissioner
Reich.
9. South Florida Water Management District
SFWMD currently does not have a representative
from the BOCC.
10. Beach Advisory Board
a. Currently Freeman - (Commissioner Freeman
would like to continue as representative of
the BOCC for the upcoming year)
11. Jail Dispute Review Board
a. Currently Cheal - new Freeman
b. Currently alternate Freeman - new London
93/533
12 . Tourist Development Council
a. Currently London as Chairman of the BOCC - new
London as Chairman of the BOCC
ORGANIZATION FOR ROTATIONAL COMMISSIONER ATTENDANCE:
1. Library Advisory Board
a. December - Freeman
b. January - London
c. February - Harvey
d. March - Reich
e. April - Cheal
f. May - Freeman
g. June - London
h. July - Harvey
i. August - Reich
j . September - Cheal
k. October - Freeman
1. November - London
2 . Older American Advisory Board
a. December - Reich
I ) b. January - Cheal
c. February Freeman
d. March - London
e. April - Harvey
f. May - Reich
g. June - Cheal
h. July - Freeman
h. August - London
i. September - Harvey
j . October - Reich
k. November - Cheal
1. December
Motion carried unanimously, with Commissioner Harvey not present.
CONSTRUCTION PROGRAM/ MANAGEMENT - MR/G
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich granting approval and authorizing execution of
Change Order No. 01-017-009 to D. L. Porter's Contract No. KJ-
017, Concrete, in the increased amount of $3,400. 00, for the New
Detention Facility. Motion carried unanimously, with
Commissioner Harvey not present.
The Board discussed MK/G's revised budget.
Motion was made by Commissioner Cheal and seconded by
93/534
Commissioner Freeman granting approval and authorizing execution
of Change Order No. 01-010-013 to Lake Plumbing, Inc. 's Contract
No. KJ-010, Prime Plumbing, in the increased amount of $2,249. 00,
for the New Detention Facility. Motion carried unanimously, with
Commissioner Harvey not present.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting approval and authorizing execution
of Change Order No. 01-018-004 to Big C Steel's Contract No. KJ-
018, Stairs and Miscellaneous Metals, in the increased amount of
$2 ,765. 00, Change Order No. 01-010-014 to Lake Plumbing, Inc. 's
Contract No. KJ-010, Prime Plumbing, in the increased amount of
$2,564.00, and Change Order No. 01-010-015 to Lake Plumbing,
Inc. 's Contract No. KJ-010, Prime Plumbing, in the increased
amount of $6,636. 00, for the New Detention Facility. Motion
carried unanimously, with Commissioner Harvey not present.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of a
Resolution renouncing and disclaiming any right of the County and
the Public in and to a portion of Marlin Street, Edenaire
Subdivision, Key Largo, Monroe County, Florida. There was no
public input. Motion was made by Commissioner Reich and seconded
by Commissioner Freeman to adopt the following Resolution.
Motion carried unanimously, with Commissioner Harvey not present.
RESOLUTION NO. 522-1993
See Res. Book No. 119 which is incorporated herein by reference.
A Public Hearing was held concerning the adoption of a
Resolution renouncing and disclaiming and right of the County and
the Public in and to a portion of Osprey Drive, Sexton Cove
Estates, Key Largo, Monroe County, Florida. There was no public
input. Motion was made by Commissioner Cheal and seconded by
Mayor London to adopt the following Resolution. Motion carried
unanimously, with Commissioner Harvey not present.
RESOLUTION NO. 523-1993
See Res. Book No. 119 which is incorporated herein by reference.
The continuation of a Public Hearing was held
concerning the adoption of an Ordinance creating Section 2 .4,
Monroe County Code, in order to provide for definitions;
Providing that a five percent preference for local business
enterprises may be given by the County Commission in the award of
Contracts for the purchase of goods, services, or construction of
capital improvements, above the bid of the lowest nonvocal
responsible bidder; Providing for exceptions; Providing for
severability; Providing for repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe County
93/535
Code; and Providing an effective date. There was no public
input. Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to continue this item to the next regularly
scheduled Board meeting on December 21, 1993 at the Key Colony
Beach City Hall. Roll call vote was unanimous, with Commissioner
Harvey not present.
A Public Hearing was held concerning the adoption of an
Ordinance amending Section 6-56, Monroe County Code, to provide a
definition for supervision; Providing for severability; Providing
for repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County; and Providing an effective
date. Motion was made by Commissioner Cheal and seconded by
Mayor London to read by title only. County Attorney, Randy
Ludacer, read by title only. There was no public input. Motion
was made by Commissioner Freeman and seconded by Commissioner
Cheal to adopt the following Ordinance. Roll call vote was
unanimous, with Commissioner Harvey not present.
ORDINANCE NO. 034-1993
See Ord. Book No. 31 which is incorporated herein by reference.
A Public Hearing was held to consider the adoption of
an Ordinance amending Ordinance No. 015-1992, which created the
Mariners Health Care Special Taxing District, by amending Section
8 (6) (c) in order to authorize the Mayor to execute any documents
needed to extinguish the Lease and Operating Agreement between
the District and Mariners Hospital and by amending Section 8 (7)
in order to terminate the District Tax and authorizing a refund
of taxes paid if Mariners Hospital (Keys Hospital Foundation,
In. ) enters into a Construction and Operating Agreement with
South Miami Health Systems, Inc. ; Providing for severability;
Providing for repel of all Ordinance inconsistent herewith;
Providing for incorporation into the Monroe County Code; and
providing an effective date, and the alternate version of the
ordinance concerning Mariners Hospital and Mariners Health Care
Taxing District. The following individuals addressed the Board:
J. Allison DeFoor, II, representing Mariners Hospital,
Joan R. Mowery, CPA, Harold F. Heim, and Dagny Johnson.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to adopt the following Ordinance, (Alternate
Version) . Roll call vote was unanimous, with Commissioner Harvey
not present.
ORDINANCE NO. 035-1993
See Ord. Book No. 31 which is incorporated herein by reference.
There being no further business, the meeting was
adjourned.
93/536
Clerk to the Board of County
Commissioners of Monroe County
4)04 ck..441, C. •
.40
Deputy Clerk
t—. -- BOARD OF COUNTY COMMISSIONE
R40 " ` Jackcn,DIY2
EI , OUNTYflMoN ,, . Mayor Pro Tern,A Ferri Cheal,District 4
KEY WEST .- Wilhelmina Harvey,District 1
FLORIDA 33040 ;�;•�•E Shirley• 1� Freeman,District 3
(305)294-4641 1=,1 ( I y�'7'7 Mary Kay Reich,District 5
...76°717t
MEMORANDUM
TO: Mayor London & Commissioners
FROM: James L. Roberts
County Administrator
SUBJECT: 1994 BOCC Meetings (Alternate)
1994 BOCC Agenda Deadlines
DATE: November, 1993
Agenda
Meeting Date Deadline Location
1/19/94 - 1/20/94 1/6/94 Key West - TBA
2/16/94 - 2/17/94 2/3/94 Key Largo Library
3/16/94 - 3/17/94 3/3/94 Marathon Gov't Center
4/20/94 - 4/21/94 4/7/94 Key West - TBA
5/18/94 - 5/19/94 5/5/94 Key Largo Library
6/15/94 - 6/16/94 6/2/94 , Marathon Gov't Center -
7/20/94 - 7/21/94 7/7/94 Key West - TBA
8/17/94 - 8/18/94 8/4/94 Key Largo Library
9/21/94 - 9/22/94 9/8/94 Marathon Gov't Center
10/19/94 - 10/20/94 10/6/94 Key West - TBA
11/16/94 - 11/17/94 11/3/94 Key Largo Library
12/21/94 - 12/22/94 12/8/94 Marathon Gov't Center
Key Largo Library
Tradewinds Shopping Center
Marathon Gov't Center
2798 Overseas Highway, MM 47.5 (Gulf)
Key West City Hall
Ann & Green Streets
First day meetings commence at 9:00 a.m..
Second day meetings commence at 9:00 a.m.
Agenda deadline=5:00 p.m.
VARIANCE
The Board of County Commissioners may, upon application
and public hearing, grant a variance to the limitations set forth
in this Ordinance, upon demonstration and finding that due to one
of the following conditions, the literal enforcement of the
provisions of this Ordinance would constitute a severe and undue
hardship upon the permit holder:
1) Death or incapacity of an owner or immediate
family member of the owner; or
2) Destruction of the permitted improvements, or of
no less than 50% of the value of the permitted
improvements, by act of God or hazard (e.ca. fire,
windstorm, flood) .
3) Work stoppage due to bankruptcy of an owner or
construction lender or due to an order issued by a
government agency, when the order did not result
from the owner's or builder's violation of a law,
code, regulation, or condition set forth in a
permit or development order.
The relief granted by variance shall be limited to a
time extension, not to exceed one year, and shall be further
limited to the minimum extension necessary to obviate the
demonstrated hardship.
MEMORANDUM
To Board of County Commissioners
From: Robert L. Herman, Director of Growth Management
Date: November 29, 1993
Re Suggested Revisions to the Ordinance
Amending Ordinance No. 031-1992 and Sec. 6-40, MCC
The following modifications relate to the revised document ap-
proved by the BOCC during their November 9, 1993 meeting:
PAGE 1:
1. Change Ordinance No. -1992 to Ordinance No. -1993 .
2. Change ( 1) year to two ( 2) years.
PAGE 2:
Eliminate the word "who" in the third paragraph " . . .for our citi-
zens who engaged. . ." .
PAGE 3 :
Eliminate "as described in Monroe County Code Section
9.5-4(C-10)" from the first paragraph of subsection (d)
PAGE 4 AND 5:
1 . Re-write complete first paragraph under subsection (e) as
follows:
" (e) Permit paid for, picked up and work started
Any valid permit, for which construction has commenced,
must progress in a timely fashion. The only method by
which "timely valid progress" of authorized work may be
shown is through the Building Department having per-
formed and approved an inspection which is highlighted
in red print on the Building Permit Display Card within
120 days measured from either (1) as to the initial
inspection, the date work was required to begin, or ( 2)
as to inspections subsequent to the initial inspection,
from the date of the last approved inspection which was
highlighted in red print on the Display Card. Those
inspections which are highlighted in red print on the
Monroe County Building Permit Display Card, as amended
from time to time, may include, but shall not be limited
to: any auger/auger cap, piling/piling cap, grade
beam/slab, columns/tie beams, slab/wood floor, roof
trusses/sheathing, final roofing, A/C ductwork, total
rough plumbing, total rough electrical, framing, insula-
tion/drywall, final mechanical, final plumbing, final
electrical and final building.
PAGE 5:
1. In the "EXCEPTION" paragraph, capitalize the words "Certifi-
cate" and "Occupancy" in the phrase "Certificate of Occupan-
cy" .
2. Change first line from one ( 1) year to two (2) years.
3 . Re-write "EXCEPTION" clause to read " . . .issued in compliance
with the Dwelling Unit Allocation Ordinance. If work fails to
receive a Certificate of Occupancy within two ( 2) years of
the approved framing inspection or has not continued to show
progress using the 120 day inspection requirement, the struc-
ture shall hereby be declared a public nuisance and the
Growth Management Director shall direct the Building Official
to institute proceedings as provided by law to require comple-
tion, removal or demolition of the structure in accordance
with the Standard Unsafe Building Abatement Code. "
RLH:aa
ORD. 04D/TXTADAMS
Page 2