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09/21/1984 RegularRegular Meeting Board of County Commissioners Friday, September 21, 1984 Marathon A regu°lar meetinglof the Board of County Commissioners convened on the above date. Present and answering to roll call were Commissioner Alison Fahrer; Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez, Commissioner Ed!Swift, and Mayor Ken Sorensen. Also present were Danny L.�Kolhage, Clerk; Sheri Smallwood, Assistant County Attorney;,Edward Stickney, Acting County Administrator; members of the County's Consulting Engineers Firm; members of the Pressjand Radio; and the general public. All stood for theiInvocation and Pledge of Allegiance to the Flag. Mayor Sorensen presented a Certificate of Appreciation to Monroe County Public Works employee, Orlando Roche, for his dedicated service to Monroe County. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to approve the following items by una- nimous consent: LEGAL DEPARTMENT Board authorized the County; Attorney to advertise for Public Hearing a proposed Ordinance amending Ordinance No. 9-1981, as amended by Ordinance No: 009-1984, to provide for the removal of a member of thelTourist Development Council upon failure to attend meetings'-' creating an Executive Office for the Tourist Development Council; authorizing the Tourist Development Council to employ an Executive Director and ... necessary staff; clarifying the usage distribution of the proceeds of the Tourist Development Tax; ratifying Ordinance No. 009-1984 and Ordinance No. 9-1981; providing for severa- bility; and providing an effective date. Board adopted the following Resolution rescinding Resolution No. 256-1984, whereby the Board of County Commissioners had previously authorized the payment of travel expenses to, a representative of the Highway Beautification Committee'for travel to Miami. Florida. RESOLUTION NO. 264-1984 See Res. Book No. 39 which is incorporated herein by reference. Board adopted the following, Resolution permitting the Tax Collector to refrain from b'illing any taxpayer whose bill is Five Dollars and less for t1he ensuing tax year. RESOLUTION NO. 265-1984 See Res. Book No. 39 which;is incorporated herein by reference. Board adopted the followings Resolution authorizing the Chairman of the Board of Coiunty Commissioners of Monroe County, Florida, to approve and execute a Project Application by and between ;the Florida Department of Natural Resources, Division of Marine Resources, and the Monroe, 1 1 1 gg 035 1 1 1 County Board of County Commissioners under the Artificial Fishing Reef Program. RESOLUTIO1N NO. 266-1984 See Res. Book No. 39 which'is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Airport Agreement by and bet- ween the County of Monroe', State of Florida, and B & E Enterprises for the purpose of maintaining a Gift and Sundry Shop. RESOLUTION NO. 267-1984 See Res. Book No. 39 which';is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, extending the existing Contract between Monroe County and Stuart Newman Associates, Inc. for thirty days. II RESOLUTION NO. 268-1984 See Res. Book No. 39 which'is incorporated herein by reference. ' Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Interlocal Agreement by and between Monroe County, Florida, and the Key West Housing Authority for the use of personnel and facilities in connec- tion with animal control. RESOLUTION NO. 269-1984 See Res. Book No. 39 whichlis incorporated herein by reference. Board adopted a Proclamation proclaiming the week of October 7-14, 1984, as COAST WEEK. Board adopted the following Resolution transferring funds. RESOLUTION NO. 270-1984 See Res. Book No. 39 which is incorporated herein by reference. Board adopted the following Resolution designating Ronald J. Stack as individual author zed to issue citations for viola- tions of County Ordinances, RESOLUTION NO. 271-1984 See Res. Book No. 39 which';is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 217-1984 to correct scliveners errors therein, finding no substantial deviation from and amending the DRI Development Order for the Garden Cove Development located in North Key Largo, Monroe County, Florida; incorporating a legal description, findings of fact, conclusions of law and conditions governing Development approval. RESOLUTION NO. 272-1984 See Res. Book No. 39 which;is incorporated herein by reference. BB' , 036 REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Board approved payment of the following Fine and Forfeiture Expenditures: FINE & FORFEITURE FUNDS COURT -APPOINTED ATTORNEYS, William Kuypers, in the amount of 143.75. OTHER EXPENSES, Louis J. Spallone, in the amount of $50.00. AUTO ALLOWANCE AND TRAVEL, Witness Payroll, in the amount of�T,669.00. COURT REPORTER SERVICES, Certified Reporting Service, in the amount of 191.50; Island Reporting Service, in the amount of $75.40; Salenger Reporting Service, Inc., in the amount of $20.00. COMMISSIONS AND FEES, El Castillito Restaurant, in the amount of 28.70; Upper Crust Restaurant, in the amount of $24.82; Upper Crust Restaurant, in the amount of $25.27. Board approved the following Warrants: W A R R A N T S GENERAL REVENUE FUND, #247804253615 in the amount of $780,439.07. SUPPLEMENT TO THE GENERAL REVENUE FUND, #165-#166, in the amount of 7,973.77. FINE & FORFEITURE FUND, #377-#378, in the amount of $219039.25. ROAD & BRIDGE FUND, #313-#314, in the amount of $79,203.85. 1981 IMPROVEMENT BONDS, #62, in the amount of $34,440.57. AIRPORT OPERATION & MAINTENANCE FUND, #242-#244, in the amount of 4,421.16. MONROE COUNTY GROUP INSURANCE FUND, #48-#50, in the amount of 28,524.02. MSD - FLORIDA FIRST NATIONAL BANK, KEY WEST, #213-#214, in the amount of $20,033.82. LAW LIBRARY FUND, #130, in the amount of $1,217.51. CARD SOUND BRIDGE REVENUE FUND, #52-#53, in the amount of—%-4—,454.04. MSD TAX DISTRICT, MARINE BANK, #546-#547, in the amount of—$95,759.17. WORKMENS COMPENSATION, #1132-#1144, in the amount of $13,287.91 TDC, FLORIDA KEYS FIRST STATE BANK, KEY WEST, #133, in the amount of ,646.60. TRANSLATOR FUND, #50, in the amount of $4,441.02. L i 1 1 1 Board approved the following Amendment to the Sheriff's Budget for the fiscal yearj1983-1984: ACCOUNT CURRENTfI BUDGET ADDED (DED) ALLOCATIONS AMENDED BUDGET Personal Services 4,5 3,787.00 - 0.- 4,5 3,787.00 Operating Expenses 1,895,941.00 $55;000.00 1,950,941.00 Capital Outlay 513,259.00 (4,570.00) 508,689.00 Contingency 55,000.00 - 0 - - 0 - 4,0,y/3,41/.UU Board approved payment of the following additional Fine and Forfeiture Expenditures. FINE & FORFEITURE FUNDS COURT -APPOINTED ATTORNEYS, Larry R. Erskines,,in the amount of 50.00; Henry Lee Morgenstern, in the amount of $125.00; John P. Rotolo, in the amount of $1,122.91; Jeff Gautier, in the amount of t550.00. COURT REPORTER SERVICES, Florida Keys Reporting, in the amount of $218.50; Joan M. Young, in the amount of $24.25; Associated Court Reporters, in the amount of $552.00; Certified Reporting Service, in the amount of $815.55 WITNESS PAYROLL, Witness Fees, in the amount of $55.00; Witness Travel, in the amount of $174.00. COURT INTERPRETER SERVICES, Julius Barash, in the amount of 44.00; Betty Juli Barish, in the amount of $269.20; Stephen E. Moore,iin the amount of $90.00; Stephen E. Moore, in the amount of�$25.00; Jose M. Ruano, in the amount of $145.00. i I EXPERT WITNESS FEES, amount of 262.50; Toxicology amount of $120.00. I REGULAR WITNESS FEES, $363.80; Travel, in the amount William A. Lupton, in the Testing Service, Inc., in the Fees, in the amount of of $2,784.68. EXTRADITION COST,1M. C. Sheriff, in the amount of $13,692.57. COMPETENCY & PSY.jVALUATIONS, Dr. Keith D'Amato, Dr. Tanju Mishara, in the amount of $350.00. Board approved the following Monroe County Advertising Commission and Tourist Development Council expenditure's: MONROE COUNTY ADVERTISING COMMISSION Stuart Newman Associates $ 3,280.00 Stuart Newman Associates 270.40 Stuart Newman Associates 89100.00 Stuart Newman Associates 1,074.66 Stuart Newman Associates 914.68 Stuart Newman Associates 6,608.37 20,218. IT i MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Greater Key West Chamber of Commerce $ 3,815.90 Southern Bell 480.91 Postmaster Keys Adv. 992.51 Key West Citizen Postmaster Chamber of Commerce Pitney Bowes Key West Offshore Power Boat Ass. Stuart Newman Associates Stuart Newman Associates Stuart Newman Associates Stuart Newman Associates Stuart Newman Associates Stuart Newman Associates Stuart Newman Associates Stuart Newman Associates Stuart Newman Associates 389.12 15000.00 109.50 (Final) 116.64 Tennessee Williams Fine Arts Center Key West Citizen Key West Fishing Tournament Key West Fishing Tournament Photos Monroe County Fine Arts Center Stuart Newman Associates Cruise Ship Committee 1,863.20 5,495.50 17,662.51 19099.50 2,565.50 941.20 89478.04 59055.40 3,189.32 149.00 16.74 1,802.45 912.00 426.15 340.20 6,000.00 $83,119.40 Board approved payment in the amount of $22,535.00 to Key West Power Boat Race Association, Inc. from the Monroe County Tourist Development Council for the American Power Boat Race Association Application, including Insurance Application. Board approved the appointment of Barnett Banks Trust Company, N.A. as Registrar for the Monroe County Municipal Service District Improvement Bonds, Series 1980. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Board approved payment in the amount of $462.40 to Martin-Vegue Funeral Home for the Pauper Burial of Raul BIancos. Board approved payment in the ammount of $400.00 to Lopez. Funeral Home for the Pauper Burial of Costica Cretu. Board approved an Amendment to Contract #KG 021 between the Monroe County Board of Commissioners and the Area Agency on Aging for Dade and Monroe Counties of United Way regarding the Nutrition Program, and authorized execution of same. Board approved the Title III-B Older Americans Act In -Home Services Grant Application for Fiscal Year January 1, 1985 through December 31, 1985, and authorized execution of same. Board approved the Contract between the State of Florida Department of Health and Rehabilitative Services and Monroe County Social Services and the Application For Participation In Temporary Emergency Food Assistance Program and authorized execution of same. Board approved the Area Agency on Aging for Dade and Monroe Counties Proposal (Title III B), Monroe County Older Americans' Transportation Program, for Fiscal Year January 1, 1985 through December 31, 1985, and authorized execution of same. Board approved the Title III, C1 and C2, Older Americans Act Grant Application, regarding the Monroe County Nutrition Program, and authorized execution of same: Board approved the LSP General Revenue Funds Grant 1 1 E BB 939 1 1 1 Application for homemaking/personal care services for the period from November 1, 198through June 30, 1985, and authorized execution of same. Board authorized the Chairmin to execute Supplemental Lease Agreement No. 1 to Lease NA-i79WB-F-00024 with the National Weather Service, U. S. Department of Commerce, extending the lease term for one year. Board authorized the Chairman to execute a Contract with Keys Armored Express, Inc. for armored car service between the Monroe County Municipal+Service District and Marine Bank of Key West. Board approved payment in tke amount of $3,858.88 to Post, Buckley, Schuh & Jernigan, Inc. for Invoice No. 28 for ser- vices rendered during the month of July, 1984. Board approved a Permit Application from John Bartley, Jr. for construction of an 8' xj60' pile support dock with 75 cubic yards of associated r�iprap boulders at Section 35, Township 66 South, Range 28;East, Block 1, Lots 22_and 27, Summerland Key Cove #6, East Caribbean Drive, Summerland Key, Monroe County, Florida. Zoned RU-1. Board approved an Amendment to Contract #84-1-878 between the Monroe County Board of Commissioners -Homemaker Program and the Area Agency on Aging for Dade and Monroe Counties of United Way regarding the Title III-B Non -Recurring Funding, and authorized execution of same. Board approved an Amendment to Contract #84-1-887 between the Monroe County Board of Commissioners-Transporation Program and the Area Agency�on Aging for Dade and Monroe Counties of United Way regarding the Title III-B I . Non -Recurring Funding for the period of September 17, 1984 through December 31, 1984. Board approved the request of MSD Manager, Charles Aguero, for Annual Leave from October 1 through October 5, 1984. Board approved the request bf County Administrator, Kermit Lewin, for Annual Leave from October 8 through October 12, 1984. UNFINISHED BUSINESS Board adopted the following:Resolution requesting all agen- cies to cooperate in the care and upkeep of the Bill Butler Park and providing for the perpetual care of said Park. RESOLUTION NO. 273-1984 See Res. Book No. 39 which is incorporated herein by reference. ,yl Board authorized refund of the difference between moneylpaid for a Building Permit Fee for a seawall and rip rap to Anne Sekula, in the amount of $48.00, inasmuch as the Army Corps of Engineers recommended th'e change. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance establishing special assessments and service charges for garbage collection rates for residential and commercial collection service from January 1, 1985 through December 31, 1985; repealing all Ordinances in conflict with this Ordinance; providing for an effective date. Proof of publi- cation was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to read by title only. Motion carried unanimously. Mr. Charles Aguero then addressed the Board and the public con- cerning the need for the rate increase. The Board then recessed for ten minutes. LEGAL DEPARTMENT Upon re -convening, motion was made by Commissioner Swift and seconded by Commissioner Harvey to re -consider Item E-1 concerning the authorization for the advertisement for Public Hearing a proposed Ordinance amending the Tourist Development Ordinance. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to refer this matter to the County Attorney and directing that he report back at the next meeting. Motion carried unanimously. PUBLIC HEARINGS The Public Hearing then continued on the proposed Ordinance regarding garbage collection rates. Mr. Fred Tittle, attorney representing the franchisees, advised the public that no part of the increase would go to the franchi- sees. Dr. Dobert, Chairman of the Monroe County Condominium Association, addressed the Board and opposed the rate increase. Wayne Bean questioned the need for the rate increase. Don Peterson, Don Bedsoe, Bob Ernst, Irene Miska, Leon Van Deusen, Mary Brogan, Frank Powell and Betty Bennett addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to continue this matter until October 19th. During discussion, the motion was amended to continue this matter until later in the day following the Public Hearing on the Budget. Motion carried unanimously. A Public Hearing was then held on a proposed Ordinance creating a Special Road and Bridge District con- sisting of all property on Gulf Drive, Big Coppitt Key; pro- viding for the purposes of the District; designating the governing body thereof; providing for the powers and duties thereof; providing for severability; providing for an effec- tive date. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Hernandez and seconded,by Commissioner Swift to adopt the following Ordinance creating a Special Road and Bridge District. Motion carried unanimously. ORDINANCE NO. 024-1984 See Ord. Book No. 8 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS The Board discussed the necessity to have the above Ordinance No. 024-1984 delivered to Tallahassee as soon as possible. Ms. Smallwood indicated that her office would take care of the transmission to Tallahassee. Ll �I 1 I OPENING OF BIDS The Clerk advised 'the Board that he was in possession of one sealed bid for Bridge Property Damage, Bridge Use and Occupancy Inisurance for the Card Sound Road and Toll Bridge Facility. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to waive the irre- gularity on the bid received from The Porter -Allen Company which was filed after the t1ime specified for the filing of bids and also instructing t,1he Clerk to open said bid. Motion carried unanimously.;) The Clerk the advised the Board that he was in possession o,;f the following bid from The Porter -Allen Company: I Proposal #1 - Proplerty Coverage in the amount -of $6,7139,000.00. Premium of $11,726.00. This would include the Toll Plaza. Proposal #2 - Propjerty Coverage in the amount of $6,6i32,000.00. Premium of $11,542.00. This would not include the Toll Plaza. i Quotes reflect 80% Co-insurance and 1% Deductible. In regard to the Loss of Income coverage, quotes are as follows: #1 - A 7-day Deductible - Premium of $1,667.00 #2 - A 14-day Deductible - Premium of $1,675.00 11 Motion was made by Commissioner Swift and seconded by Commissioner Harvey to refer to staff for recommendation. Motion carried unanimously.; The Clerk then advised the Board that he was in._. possession of two bids for 'Roadway Improvements, Key Vaca Roads II (Mile Marker 48 -'51), Marathon. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to open the bids. The Clerk advised the Board that he was in possession of the followinc bids: General Asphalt Co., Inc. $47,311.40 for 4850 N. W. 72nd Avenue 23rd St.-43rd St. - Miami, Florida 33152 61st St.-63rd Crt. and $77,335.60 for 26th St.-29th St.- 46th St.-Vogstad St. $605563.09 for 23rd St.-43rd St.- 61st St.-63rd Crt. and $100,499.59 for 26th St.-29th St.- 46th St.-Vogstad St. Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to refer to staff. Motion carried unanimously. LEGAL DEPARTMENT The Board considered a request from the Legal Department for authorization to advertise for a Public ,I The Brewer Co. of 'Fla., Inc. 9801 N. W. 106th Street Miami, Florida 33178 P ij� 4` a� Hearing on a proposed Ordinance amending Ordinance No. 1-1973, as amended, codified as Article XII of Chapter 19 of the Monroe County Code of Ordinances and entitled "Signs"; providing that no permits shall be issued for the erection, construction, installation or alteration of Class "B" signs in the unincorporated areas of Monroe County, Florida, after the effective date of this Ordinance; providing for the pro- hibition of Class "B" signs, as defined in Section 19-254(b) of the Monroe County Code of Ordinances, in all zoning districts in the unincorporated areas of.Monroe County, Florida; providing for the amendment of building restric- tions, and size limitations contained in Sections 19-261(a) and (c) and 19-263(c) and (d) of the Monroe County Code to the extent said Sections regulate the size and locational requirements of Class "B" signs; providing that all existing Class "B" signs, as defined in Section 19-254(b) of the Monroe County Code of Ordinances are hereby deemed to be non -conforming structures as well as non -conforming uses of land and providing that all Class "B" signs shall be removed by the owners thereof or the owner -lessor of the real pro- perty upon which said Class "B" signs exist within five (5) years of the effective date of this Ordinance; providing for remedies in favor of Monroe County, Florida, in the event owners of said Class "B" signs or owner -lessors of the real property upon which said Class "B" signs exist fail to remove said non -conforming structures within the time period provided in this Ordinance; providing for variances to the provisions of this Ordinance in situations where the owners of such Class "B" signs have entered into existing written contracts with persons, firms or corporations other than the owner of the real property upon which said signs are in existence prior to the date this Ordinance is first adver- tised for Public Hearing and extending beyond the date five (5) years subsequent to the effective date of this Ordinance; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of any such conflict; pro- viding for inclusion of this Ordinance in the Monroe County Code of Ordinances; and providing for an effective date. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to postpone this matter until October 19th and requesting that the Legal Department review the Ordinance. Motion carried unanimously. The Board considered a request from the Legal Department for authorization to advertise for Public Hearing a proposed Ordinance amending Ordinance Number 1-1973, as amended, codified as Chapter 19 of the Monroe County Code of Ordinances and entitled "The Monroe County Zoning Ordinance"; providing for the amendment of Article X, Section 19-217 entitled "BU-2 Medium Business District" by eliminating Class "B" signs as a permitted sign in such zoning districts; providing for the amendment of Article X Section 19-219 entitled "BU-3 Heavy Business District" by elimi- nating Class "B" signs as a permitted sign in such zoning districts; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of any such conflict; pro- viding for inclusion of this Ordinance in the Monroe County Code of Ordinances;. and providing for an effective date. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to postpone this matter until October 19th and requesting that the Legal Department review the Ordinance. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Hernandez discussed a request for the placement of SWA-CARS by Am Vets Post #38 at Valhalla Beach. 1 1 1 1 1 Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve the placement of SWA-CARS as requested by Am Vets Post 138 at Valhalla Beach. Motion carried unanimously. !I LEGAL DEPARTMENT Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to postpone until later in the day the request for authorization to advertise for Public Hearing a proposed Ordinance amending.Ordinance No. 19-1983. Motion carried unanimously Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the County Attorney to prepare and the Chairman to execute a new Note and Tax Anticipation Warrant for the Cross Key Waterways Special District Loan at a rate of�7.5% per annum. Motion carried un-an imous ly. Motion was made by Commissioner Hernandez and, seconded by Commissioner Fahrer to adopt the following Resolution requesting the Supervisor of Elections to call a Special Referendum on the November 6, 1984 Election Ballot in Monroe County, Florida I'for Municipal Service Taxing District Number 6. Motion:carried unanimously. RESOLUTION NO. 274-1984 See Res. Book No. 39 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and: seconded by Commissioner Fahrer to adopt the following, Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between Legal Services of Greater Miami, Inc. and Monroe County for�the provision .of Legal services to the eligible residents of Monroe County, Florida. d RESOLUTION NO. 275-1984 See Res. Book No. 39 which�is.incorporated herein by reference. Roll call vote was taken w th the following results: Commissioner Fahrer Yes Commissioner Harvey Yes Commissioner-lHernandez Yes Commissioner: Swift No Mayor Sorensen No Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to approve and exe- cute an Agreement by and between Monroe County and Kemp & Rosasco, Certified Public Accountants. Motion carried! unanimously. li RESOLUTION NO. 276-1984 See Res. Book No. 39 which,jis incorporated herein by reference. i Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to adopt the following Resolution incorporating a Biological Assessment into the records con- cerning the application of Clyde M. Kobe for a retaining wall, fill below mean high water, dock and boat ramp at Lot 26, Block 1, Summerland Key Cove Add. #6, Summerland Key, Zoned RU-1, per staff recommendations and contingent upon the issuance of the Permit for the principal structure. During discussion, the motion was withdrawn by the maker. Motion was then made by Commissioner Swift and seconded by Commissioner Hernandez to approve per staff recommendations upon the issuance of the Permit for the principal structure. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift Yes Mayor Sorensen Yes Motion carried. RESOLUTION NO. 277-1984 See Res. Book No. 39 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD The Clerk discussed the Monroe County Jail Addition Project and advised the Board that it was in the best interest of the County and the Contractor at this time to advance the necessary funds for the payment of his invoice pending reimbursement by the Marshal's Office from grant funds. The Clerk advised that considerable delay had been experienced between the time that the invoice was presented and the availability of funds from the U. S. Marshal's Office. The Clerk indicated that these funds would be advanced only after the Consulting Engineers on the Project and the Project Manager had approved them as to sufficiency. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey authorizing the Clerk to advance funds from the Capital Projects Fund for the payment of invoices to Monroe Construction for the construction of the Jail Addition pending receipt from the U. S. Marshal's Office. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve per staff recom- mendation a Permit Application from Gene Culmer for the constructin of vertical bulkhead within an existing basin and modifications of an existing dock at Section 17, Township 66 South, Range 32 East, Boot Key, OR 361-48-51, 1021 - 11th Street, Marathon. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift Yes Mayor Sorensen Yes Motion carried. The Board considered the report and recommendation regarding the implementation of advance life support ambu- lance services in Municipal Service District 1-D. Mr. William Grimes, Chief of the Big Pine Volunteer Fire Department, and also a member of the Ambulance Corps, d 1 addressed the Board concerning some of the issues regarding advance life support. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve the recommendationsbas stated in the report con,- cerning the implementation of advance life support ambulance services in Municipal Service Taxing District 1-D and ' authorizing the County Attorney to prepare and the Chairman to execute a Contract between the County as the Board of Governors of Municipal Service Taxing District 1-D and Fisherman's Hospital for the provision of such services. Motion carried unanimously. Motion was made by,lCommissioner Fahrer and seconded by Commissioner Harvey to declare that an emergency exists and authorizing the repairs1to the Layton Fire Engine in the amount of $14,048.00. Motion carried unanimously. H ' Motion was made by�Commissioner Swift and seconded by Commissioner Fahrer to postpone until October 19th con- sideration of the adoption of one of the proposed voluntary deduction Dental Plans for Monroe County employees. UNFINISHED BUSINESS Mr. Richard Snyder his project to commemorate Christopher Columbus. Moti Hernandez and seconded by C the table an Ordinance prov be amended by adding a subs providing for monuments in unanimously. Motion was ma seconded by Mayor Sorensen providing that the Code of subsection to be numbered 1 entitled "GU General Use Di lity; providing for repeali Ordinances in conflict with said conflict; providing fo Code of Ordinances; providi discussion, Mr. Fred Tittle ported the concept. Roll c i addressed the Board concerning he discovery of America by n was made by Commissioner mmissioner Fahrer to take off ding that the Code of Ordinances ction to be numbered 19-180(9) GU zone, etc. Motion carried e by Commissioner Hernandez and o adopt the following Ordinance rdinances be amended ty adding a -180(9) to Section 19-180, trict;" providing for severabi- g of all Ordinances or parts of this Ordinance to the extent of inclusion in the Monroe County g for an effective date. During addressed the Board and sup= ll vote was unanimous. ORDINANCE11NO. 025-1984 See Ord. Book No. 8 which is incorporated herein by reference. � it REPORTS & RECOMMENDAT;IONS OF COUNTY ADMINISTRATOR�, Motion was made by seconded by Commissioner Ha the Airport Restaurant Loun Conch Flyer, Inc. under the existing Lease. Mr. Rick B Bar, opposed the operating Bigler addressed the Board carried unanimously. Commissioner Hernandez and ' vey to approve the assignment of e Lease from Fred Sellers to same terms and conditions as the rard, operator of the Boca Chica ours of the Lounge. Mr. John oncerning the Lease. Motion LEGAL'IDEPARTMENT Motion was made byiCommissioner Swift and seconded by Commissioner Harvey to table the Legal Department's request for authorization to advertise for Public Hearing a proposed Ordinance related to streets and highways and public right-of-way use permitting matters connected therewith; amending and revising the Title and Preamble of Monroe County Ordinance No.119=1983, and Sections 16-18, 16-19, 16-20 and 16-21, Monroe County Code, to conform to subsequent enactments; creating Section 16-21.1, Monroe County Code, relating to special provisions and general per- mits for public or private utilities; amending and revising � ;I Sections 16-22, 16-23, 16-24, and 16-25, Monroe County Code, to modify permit application procedures, insurance and bonding requirements, general provisions and access driveway provisions; amending and revising Sections 16-27, 16-28 and 16-29, Monroe County Code, providing for reduced permit application fees, providing for notice of conflicts to per- mittees and to conform to subsequent enactments; amending and revising Sections 16-31 and 16-32, Monroe County Code, providing for time limits and restoration and penalty; readopting Section 22, Monroe County Ordinance No. 19-1983; providing an effective date. During discussion, motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to refer this matter to the County Attorney for a report back to the Board. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve payment to Mullin, Rhyne, Emmons and Topel, attorneys for the Translator System, in the amount of $1,527.13. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve the issuance of a Certificate of Public Convenience and Necessity for Big Pine Key Volunteer Fire Department. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve car rental for Commissioner Swift in the amount of $86.31 for a trip to Ocean Reef to meet with the Governor concerning planning. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift Yes Mayor Sorensen No Motion carried. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to approve the bill from -the law firm of Roberts, Egan & Routa in the amount of $500.00. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to waive the n- I for an Occupational License for the Orchid Growers Association for their March, 1985 show at Martello Towers. Motion carried unanimously. Motion was made by Commissioner Fahrer to approve the transfer from Contingency of $4,000.00 to the Public Defender's Communications Account. Motion died for the lack of a second. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Swift and Art Skelly, Airport Director, discussed car rental firms at the Airports. John Bigler,., -Attorney for Avis, addressed the Board concerning the request of that company to be considered in the future negotiations for car rental services at the Airports. No further action was taken. A discussion of funding for the Summer Recreation Program in 1985 was referred to the Budget Hearing. 1 1 BB 047 { 1 1 1 A discussion on the exemption of fishermen village projects and low and moderate income housing projects was referred to the Public Hew ing on the Moratorium. Commissioner Swift discussed the engineering firm for the Airports, currently Post, Buckley, Schuh & Jernigan. Mr. Skelly discussed several problems being encountered by him and his staff with the current consultants. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to refer this matter to the Airport Committee for a recommendation at the Board's October 19th meeting. Motion carried unanimously. b u Commissioner Fahrer discussed the Board of County 09m'mi}-ssioners meeting whicY is scheduled for November 16th. She indicated that this meeting followed the General Election but was before th� new Commissioners would take office on November 20th. Motion was made by Commissioner Fahrer to cancel the meeting scheduled for November 16th. Motion died for lack of a second. Commissioner Swif currently scheduled before water craft and anchorage Commissioner Harvey and se authorizing the Mayor to s Board not to consider the and anchorages currently si before that Board and authi County Attorney, to execute Chairman. Motion carried i Motion was made b seconded by Commissioner S Resolution expressing Monr West Presidential World Of authorizing the County Pub in -kind services to the sp carried unanimously. discussed the Public Hearings Ithe Zoning Board concerning the Irdinance. Motion was made by 'onded by Commissioner Swiftj gn a letter requesting the Zoning Irdinance concerning water craft 'heduled for Public Hearings. 'rizing Sheri Smallwood, Assistant that letter on behalf of the ,nanimously. Commissioner Hernandez and,; ift to adopt the following e County's support of the Key '-Shore Championship Race and is Works Department to provide Insor of that Race. Motion ,, RESOLUTION NO. 278-1984 See Res. Book No. 39 which�is incorporated herein by reference. Commissioner Swift discussed logs of the Code Enforcement Board and someYdeficiencies that he found with them. Mr. Ernie Young also briefly addressed this issue. Motion was made by Commissioner Swift and seconded by.Commissioner Harvey to ajpprove a Contract by and between Monroe County and Hospice of the Florida Keys, Inc. for space at the Armory and authorize the Chairman to execute the same. Motion carried unanimously. Mayor Sorensen discussed the designation of "Mayor." Motion was made b,�y Mayor Sorensen and seconded by Commissioner Swift to request the Legislative Delegation to propose legislation which w1ould rescind the Special Act that creates the title of "Mayor,! of Monroe County." Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner lHarvey No Commissioner ;Hernandez No Commissioner !Swift Yes Mayor Sorensen Yes Motion carried. Motion was,made by Mayor Sorensen and w seconded by Commissioner Swift to ,prepare changes to the Board's Rules of Procedure to provide that the chairmanship of the Board would rotate on a quarterly basis. During discussion, motion was withdrawn. Commissioner Hernandez discussed a problem with the bill for the lights at Watson Field. Mr. Stickney advised the Commission that this had been taken care of. No further action was taken. UNFINISHED BUSINESS Motion was made by Commissioner Harvey to appoint Mr. Bernard Beck of Key Colony Beach to replace Henry Staples on the Translator Board. During discussion, motion was withdrawn. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to postpone this matter until the October 19th meeting. Motion carried unanimously with Mayor Sorensen being absent from the meeting. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve, per staff recom- mendations, the Application for Variance to the Flood Hazard Ordinance from Anthony P. Regna for the placement of a building at approximately six feet above mean sea level for trucking and heavy storage at property located on Big Pine Key, within the subdivision known as Tropical Island Ranchetts, Parcel 20. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift Yes Mayor Sorensen Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to deny the Application for Variance to the Flood Hazard Ordinance from Fred J. Antel for the construction of a concrete block enclosure, approximately 290 square -feet, to be located below an elevated mobile home (toilet facilities with a shower will also be located within the structure) at property located on the bay side of Key Largo, Tavernier, within the Hammer Point Subdivision. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey Yes Commissioner Hernandez No Commissioner Swift Yes Mayor Sorensen Yes Motion carried. REQUEST TO ADDRESS THE BOARD Mr. Fred Tittle, Attorney representing Port Bougainville and Garden Cove, addressed the Board and intro- duced Ms. Melinsky, Attorney also representing Port Bougainville and Garden Cove. Ms. Melinsky addressed the Board and delivered some alternatives to the covenant con- cerning the future requirements of the Impact Fee Ordinance. Following discussion of the alternatives concerning EMS ser- vices, motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to adopt the following 1 I BB 049 Resolution approving agreements made during this meeting between the County, Port Bougainville and Garden Cove con- cerning the EMS services to{be provided and directing the Mayor to execute an Agreeme�t in accord with the contents of this Resolution: RESOLUTION NO. 279-1984 See Res. Book No. 39 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner 'Fahrer No Commissioner Harvey No Commissioner Hernandez Yes Commissioner 'Swift Yes Mayor Sorensen Yes Motion carried. i Motion was made byl Mayor Sorensen and seconded by Commissioner Hernandez to aidopt the following Resolution approving agreements made djuring this meeting between the County, Port Bougainville gnd.Garden Cove concerning the library facilities to be provided and directing the Mayor to execute an Agreement in accord with the contents of this Resolution: RESOLUTIQN NO. 280-1984 See Res. Book No. 39 whichlis incorporated herein by reference. Roll call vote was taken wath the following results: Commissioner! Fahrer No Commissioner,Harvey No Commissioner;Hernandez Yes Commissioner Swift Yes Mayor Sorensen Yes Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to adopt the following Resolution approving agreements made during this meeting between the County, Port Bougainville and Garden Cove concerning law enforcement facilities to be provided and directing the Mayor to execute an Agreemint in accord with the contents of this Resolution: RESOLUTION NO. 281-1984 See Res. Book No. 39 whichiis incorporated herein by reference. Motion carried unanimouslyi. AWARDING OF BIDS a — Motion was made bjy Commissioner Harvey and seconded by Commissioner Hernandezito award the bid for Bridge Property Damage, Bridge Use and Occupancy Insurance for the Card Sound Road and Toll Bridge Facility to The Porter -Allen Company as follows: Proposal #1 - Property Coverage in the amount of $61739,000.00. Premium of $119726.00. This would include the Toll Plaza. Quotes reflect 86% Co-insurance and 1% Deductible. In regard to the Loss of Income coverage, quotes are as follows: #1 - A 7-day Deductible - Premium of $1,667.00 Motion carried unanimously. Mr. Bob Harris of Post, Buckley, Schuh & Jernigan addressed the Board concerning the award of the bid for Roadway Improvements, Key Vaca Roads II (Mile Marker 48 - 51), Marathon, and recommended the acceptance of the low bidder, General Asphalt Co., Inc. Motion was then made by Commissioner Harvey and seconded by Commissioner Hernandez to accept the recommendation of Mr. Harris of Post, Buckley, Schuh & Jernigan and award the contract for Roadway Improvements, Key Vaca Roads II (Mile Marker 48 - 51), Marathon, as follows: General Asphalt Co., Inc. $47,311.40 for 4850 N. W. 72nd Avenue 23rd St.-43rd St. - Miami, Florida 33152 61st St.-63rd Crt. and $77,335.60 for 26th St.-29th St.- 46th St.-Vogstad St. and authorize the execution of the necessary contract documents. Motion carried unanimously. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. Present were Commissioners Fahrer, Harvey, Hernandez and Swift, and Mayor Sorensen. Also present were Danny L. Kolhage, Clerk; Sheri Smallwood, Assistant County Attorney; Edward Stickney, Acting County Administrator; Dr. Jeffrey Doyle, Director of Planning; members of the Press and Radio; and the general public. Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to continue until October 19th at 4:00 p.m. in Plantation Key the request of Can Am Investments, Incorporated to reverse the decision of the Monroe County Board in denying a change of zoning from RU-1 to RU-3 on part of Lot 3 of a map or plat of Subdivision of Government Lot 19 all of Government Lots 2 and 3, Section 32, Township 63 South, Range 37 East, and all of Government Lot 1, Section 59 Township 64 South, Range 37 East, made by George McDonald, Civil Engineer, which said map or plat of said subdivision is duly recorded in Plat Book 1, Page 41, of Monroe County, Florida records and Excepting: Herefrom all that part of the above described premises which lies northerly of U.S. Highway #1, and two parcels of submerged land in Section 32, Township 63 South, Range 37 East; Upper Matecumbe Key (RU-1 Single -Family Residence) (RU-3 Multiple Family Residence). Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen Yes Motion carried. I 1 1 1 1 Mr. Fred Tittle, Attorney representing Dr, and Mrs. Roger Sorg, addressed the Board concerning their request to reverse the dec.ision rendered on March 28, 1984, denying a change of zoning from RU-1 and BU-2 to RU-3, on Palm Island, as recorded in Plat Book 3,;1Page 40, and located in Section 9, Township 66 South, RangeJ32 East, Marathon. Susan Vernon, representing adjacent property owner Gary Edelson, addressed the Board concerning this appeal. Motion was made by Commissioner Swift.and seconded by Commissioner Fahrer to postpone this hearing until receipt of the transcript of the January meeting of the Zoning Board. During discussion, motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner) Harvey to return this item to the Zoning Board for their consideration and noting that the Attorney's opinion to the Zoning Board as to the acreage was in error and that the acreage is greater than four and less than five acres. Roll call vote was unanimous. Mr. Tittle entered his objections intolthe record as to the Board's action. i Mr. Michael Cates,lAttorney representing James Robert and Nancy S. Cooper,;addressed the Board concerning their request to reverse th' decision of the Monroe County Board of Adjustment in denying a variance of 23 feet, to build up to two feet from the east side lot line, on pro- perty as located in a part of Lot 42 of Maloney Subdivision, as recorded in Plat Book 1,'IPage 55, and located in Section 35, Township 67 South, Range 25 East, Stock Island, Zoned BU-3. There was no one present representing the Appellee. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following Resolution reversing the decision of the Board of Adjustment of Monroe County, Florida, without prejudice and approving the appli- cation of James Robert and Nancy S. Cooper for a variance of 23 feet to build up to two feet from the east side lot line. RESOLUTIONi NO. 282-1984 See Res. Book No. 39 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner F'ahrer No Commissioner Harvey Yes Commissioner H,'ernandez Yes Commissioner Slwift Yes Mayor Sorensen') Yes Motion carried. The Clerk read a letter from William N. DeVane, Jr., Attorney representina Tlim 0. Yeider and Dan A Yeider requesting a postponement co the decision of the Monroe C change of zoning from RU-1 t Lot 4, Section 1, Township 6 Vaca. Mr. DeVane requested that he had been called to F notice. Motion was made by by Commissioner Harvey to co next Marathon meeting. Duri Randall Mearns, an adjacent Board and objected to the po the motion to continue was t cerning their request to reverse unty Zoning Board in denying a BU-2-Q on a part of Government South, Range.32 East, Key postponement due to the fact deral Court on very short ommissioner Fahrer and seconded tinue this hearing until th'e g discussion of the motion,11Mr. roperty owner, addressed th'e tponement. Roll call vote on ken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Motion carried. Yes Yes No No Yes The Monroe County Board of County Commissioners recessed at this time and re -convened as the Board of Governors of Taxing District #2, consisting of Alison Fahrer, Samuel Feiner, Jerry Hernandez, Ian Wright and Acting Mayor Wilhelmina Harvey. The Clerk addressed the Board of Governors of District #2 and announced that the Board of Governors of District #2 had, at the Tentative Budget Hearing held on September 11, 1984, requested the EMS Coordinator and the Clerk's Office to calculate the millages for the distribu- tion of the expenses of the EMS Coordinator and the Fire Marshall position on the basis of total dollar operating budgets as opposed to assessed valuation in the Districts as it currently stands. The Clerk advised the Board of Governors that that had been done and that the new proposed ad valorem millage rate was .3117 instead of .3481 as origi- nally proposed. Acting Mayor Harvey called for public participation as to the Millage and the Budget and there was no public input. Motion was made by Commissioner Feiner and seconded by Commissioner Fahrer to adopt the following Resolution approving the Millage Rate for 1984-85. Roll call vote was unanimous. RESOLUTION NO. 283-1984 See Res. Book No. 39 which is incorporated herein by reference. Motion was made by Commissioner Feiner and seconded by Commissioner Fahrer to adopt the following Resolution concerning the Budget for Special District #2 for 1984-85. Motion carried unanimously. RESOLUTION NO. 284-1984 See Res. Book No. 39 which is incorporated herein by reference. NOTE: The above Millage Rate and Budget were amended following the Public Hearing of the other funds of the County including the Districts other than District #2 by reducing it to reflect the elim- ination of the position of the Fire Marshall which was formerly distributed to all the Special Districts on the basis of assessed valuation. Motion was made by Commissioner Feiner to adjourn the District #2 meeting. Motion carried unanimously. J 1 I The Monroe County ►Board of County Commissioners re- convened at this time. I A Public Hearing was held on the proposed County Budget for the Fiscal Year 1,1984-85, as well as the Special Districts other than Special District #2.. Proof of publica- tion was entered into the records. The Clerk announced that the tentatively adopted Aggregate Millage Rate was 5.0672 and represented a 10.7/ increase over the roll -back rate. Mayor Sorensen then called for public input into the Budget. The following individuals spoke on the proposed Budget for 1984-85: Al Damron, Al Frihed of the Lower Keys Chapter of the Taxpayers League, Bill Grimes of the Big Pine Volunteer Fire Department, Mike Putoof the Monroe County Chiefs Association, John Dutton, Mlickey Feiner, Irene Miska, Betty Bennett, Flo Chopin, Bob Ap'pleton, and Bob Ernst of the Middle Keys Citizens Associlation. -I The Board then proceeded to act on the individual budgets of the Board of County Commissioners. Motion was made byl Commissioner Swift and seconded by Commissioner Fahrer to approve a Budget for the Board of County Commissioners in thej amount of $573,592.52. Rolil call vote was taken with the following results: CommissionerFahrer Yes Commissioner Harvey Yes Commissioner Hernandez No Commissioner Swift Yes Mayor Sorensen No Motion carried. Motion was made by Mayor Sorensen to amend the Budget to reduce Contingency by $150,000.00. During discussion, motion was withdrawn. Motion was made by;Commissioner Swift to cut the appropriations of the Fine Arts Council from $10,000.00 to $7,500.00. Motion died fort lack of a second. Motion was made by Commissioner Harvey! and seconded by Commissioner Fahrer to approve a Budget ;for the Fine Arts Council in the amount of $10,000.00. Roll' call vote was taken with th'e following results: I Commissioner Harvey Yes Commissioner 'Hernandez Yes Commissioner Swift No Mayor Pro Tem' Fahrer Yes Motion carried with Mayor Sorensen absent from the meeting. Motion was made by' Commissioner Harvey and seconded by Commissioner Hernandez t.o approve a Budget for the Clerk of the Circuit Court in the, amount of $1,742,004.85. Roll call vote was unanimous wit^h Mayor Sorensen being absent from the meeting. i Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve a Budget for the County Attorney in the amount of $348,663.15. Roll cal'1 vote was taken with the following results: Commissioner ;Fahrer No Commissioner lHarvey Yes Commissioner ;Hernandez Yes Commissioner ;Swift Yes Mayor Sorensen Yes Motion carried. W� t, ' • Motion was made by Commissioner Swift and seconded by Commissioner Harvey to approve a Budget for the Circuit Court in the amount of $137,739.00 and a Budget for the County Court at $38,347.00. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve a Budget for the State Attorney in the amount of $76,500.00. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to .approve a Budget for the Public Defender in the amount of $135,000.00. Motion carried una- nimously. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve both the Office and the Elections Budgets for the Supervisor of Elections in the amounts of $196,183.49 and $123,022.69, respectively. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve a Budget for the County Administrator in the amount of $117,245.43. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve a Budget for Personnel/Safety in the amount of $94,765.27. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to reduce the Budget for the Pollution Control Department of Public Works by $200,000.00. During discussion, motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to reduce the Budget for the Pollution Control Department by $100,000.00. Roll call vote was taken with the following r e s u Its: Commissioner Fahrer Yes Commissioner Harvey No Commissioner Hernandez No Commissioner Swift Yes Mayor Sorensen No Motion failed. Motion was made by Commissioner Hernandez to reduce the Budget for the Planning Department by $100,000.00. Motion died for lack of a second. Motion was made by Commissioner Hernandez to reduce the Budget for the Planning Department by $75,000.00. Motion died for lack of a second. Motion was made by Commissioner Fahrer to reduce the Budget for the Planning Department by 10% or $25,943.00. Motion 'died for lack of a second. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to approve the Budget for the Planning Department in the amount of $706,012.10. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Harvey Yes Commissioner Hernandez No Commissioner Swift Yes Mayor Sorensen Yes Motion carried. 1 1 1 1 1 Motion was made by Commissioner Swift and seconded by Commissioner Harvey to approve the Budget for Veterans' Affairs in the -amount of $1133,338.19. During discussion, motion. was withdrawn. Mr.!Hank Kokenzie, Director of the Department, addressed the !Hank and requested that the $4,000.00 be reinstated to his Budget. Motion was made by Commissioner Hernandez to r'�einstate the $4,000.00 to the Veterans' Affairs Budget. Motion died for lack of a second. Motion was made by Commissi''oner Swift and seconded by Commissioner Fahrer to approve the Budget for Veterans' Affairs in the amount of $1,133,338.19. Motion carried unani- mously. i Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve the Budget for Medical Examiner in the amount of $�59,375.00. Motion carried unani- mously. The Board then discussed the Budget for Civil. Defense. Mr. Billy Wagner, i Director of the Department,; addressed the Board and indicated that he was in a position to reduce his requested Budget by $32,000.00. Motion was made by Commissioner Swift and seconded by Commissioner' Hernandez to approve the Budget for Civil Defense in the amount of $205,258.41. Motiion carried unanimously. The Clerk then advised the Board that by a previous action of the Board, the Budget for Veterans' Affairs should have been increased by the amount of $3,200.00 which was not reflected in the Budget before the Board. The Chairman asked if anyone cared to make an amendment to the Budget as it had already been approved. There was no further action by the Board. Motion was made by Mayor Sorensen to increase the Budget for Public Works -Parks and Beaches by $15,000.00 to provide for recreation funding for 1984-85. Motion died for lack of a second. II The Clerk then disI�cussed the necessity for a small addition to the Courthouseat Marathon due to the increased level of Court activity inithat area. He indicated that Mr. Stickney had included in hijs original Budget submission the amount of $255000.00 for thdat purpose. Mayor Sorensen also discussed the need for thelfunding. Motion was made by Mayor Sorensen and seconded, by Commissioner Harvey to allo- cate $25,000.00 to Public Forks -Courthouses & Annexes for the purpose of the construction of a small addition to the Marathon Clerk's Office due to the i-ncrease in caseload and court work in the Middle Ke1ys area. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Harvey Yes Commissioner Hernandez No Commissioner Swift No Mayor Sorensen Yes Motion failed. Motion was made by, Mayor Sorensen and seconded by Commissioner Hernandez to reduce the Budgets for Public Works -Animal Shelters to $10,000.00 each. Roll call vote was taken with the following results: Commissioner;Fahrer No Commissioner�Harvey No CommissionerlHernandez Yes Commissioner (Swift No Mayor Sorensen Yes Motion failed. Motion was then made by and seconded by Commissioner Fernandez t Budgets for Public Works -Animal Shelters over funding for Fiscal Year 1983-84 for $192,016.84. Roll call vote was taken w results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Motion carried. Commissioner Fahrer o approve the which reflect a 5% a total of ith the following Yes No Yes No Yes Motion was made by Commissioner Hernandez to approve all of the Budgets for Emergency Services in the General Fund. Motion died for lack of a second. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve the Fire Marshall position. After lengthy discussion, roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen No Motion failed. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to approve the Budget for Emergency Services -Coordinator and Staff in the amount of $106,674.00. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to approve the Budget for Emergency Services -Medical Communications in the amount of $29,064.00. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to approve the Budget for Emergency Services-911 Emergency System in the amount of $12,000.00. Motion carried unanimously. Motion was made by Commissioner Swift to reduce the Budget for Social Services -Welfare Administration by $5,000.00. Motion died for lack of a second. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve the Budget for Social Services -Welfare Administration in the amount of $175,613.28. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve the Budget for Social Services -Welfare Services in the amount of $316,000.00. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve the Budget for Social Services -County Homes in the amount of $338,068.56. Motion carried unanimously. Motion was made,by Commissioner Hernandez and seconded by Commissioner Swift to approve the Budget for 1 1 1 1 Social Services -Homemakers Program, Title III, in the amount of $16,000.00. Motion carried unanimously. Motion was made bylCommissioner Hernandez and seconded by Commissioner Swift to approve the Budget for Social Services -Transportation in the amount of $106,116.40. Motion carried unanimously Motion was made by]Commissioner Hernandez and seconded by Commissioner Swift to approve the Budget for Social Services -Senior Community Services Project (SCSP) in the amount of $25,000.00. Motion carried unanimously. Motion was made by seconded by Commissioner Sw Social Services -Nutrition Pi amount of $28,000.00. Moti, Motion was made by seconded by Commissioner Sw Social Services -Nutrition P the amount of $5,000.00. M Motion was made by seconded by Commissioner Sw Social Services-Transportat Commissioner Hernandez and ft to approve the Budget for oject, C-1 Congregate, in the n carried unanimously. Commissioner Hernandez and ' ft to approve the Budget for; oject, C-2 Home -delivered, in tion carried unanimously. Commissioner Hernandez and ft to approve the Budget for on Program, Title III, in the amount of $25,000.00. Motion carried unanimously. Motion was made by!iCommissioner Hernandez and seconded by Commissioner Swift to approve the Budget for Social Services -Community Care for Elderly (CCE) in the amount of $13,000.00. Motion carried unanimously. Motion was made by.,Commissioner Harvey and seconded by Commissioner Fahrer to approve the Budget for Mental' Health Services -Baker Act, Hospitalization, in the amount of $51,415.00. Motion carried * animously. Motion was made by'Commissioner Harvey and seconded by Commissioner Fahrer to approve the Budget for Mental Health Services -Mental Heal h in the amount of $143,382.00. Motion carried unanimously.;) Motion was made by�Commissioner Harvey and seconded by Commissioner Fahrer to approve the Budget for Mental' Health Services -Monroe Association of Retarded Citizens in the amount of $8,539.00. Motion carried unanimously. Motion was made bylCommissioner Harvey and seconded by Commissioner Fahrer to approve the Budget for Mental Health Services -Baker Act, Transporation, in the amount of $33,000.00. Motion carriediunanimously. i Motion was made byPCommissioner Harvey and seconded by Commissioner Fahrer to approve the Budget for Citizen Service Centers -Lower Keys in the amount of $1,500.00. Motion carried unanimously.1 Motion was made bylCommissioner Harvey and seconded by Commissioner Fahrer to approve the Budget for Citizen Service Centers -Middle Keyslin the amount of $1,500.00.� Motion carried unanimously.j I Motion was made by ;Commissioner Harvey and seconded by Commissioner Fahrer to approve the Budget for Citizen Service Centers -Upper Keys in the amount of $1,500.00. Motion carried unanimusly. BB '058 - Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve the Budget for Citizen Service Centers -Big Pine Key in the amount of $1,500.00. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to approve the Budget for Marathon Airport in the amount of $159,905.40. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift Yes Mayor Sorensen Yes Motion carried. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve the Budget for Legal Aid in the amount of $11,400.00. Ms. Jeannie Elias, Managing Attorney for Legal Aid Services, addressed the Board concerning the program. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen No Motion carried. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to approve the Budget for Museums in the amount of $21,617.30. Motion carried unanimously. Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to approve the Budget for Extension Service in the amount of $79,567.00. Motion carried unani- mously. Motion was made by Mayor Sorensen and seconded by Commissioner Fahrer to approve the Budget for Older Americans Volunteer Program in the amount of $4,000.00. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve the Budget for Library (Supplement To General Fund) in the amount of $660,284.57. Motion carried unanimously. Motion was made by Mayor Sorensen and seconded by Commissioner Swift to approve Contingency in the amount of $297,933.26. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by Mayor Sorensen and seconded by Commissioner Harvey to approve the Budget for Card Sound Bridge in the amount of $620,000.00. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the Budget for Fine and Forfeiture Fund -Witness Fees in the amount of $190,000.00. Motion carried unanimously. 1 1 1 1 Motion was made by by Mayor Sorensen to reduce $315,000.00, being for an a and equipment. Motion was to provide for a $210,000.0 Budget. During disussion, ginal motion were withdrawn Commissioner Hernandez and to approve the Sheriff's Bu deputies and reducing the r $105,000.00: Personal Services Operating Expenses Capital Outlay Contingency Commissioner Swift and seconded the Sheriff -Operations Budget by ditional nine deputies and cars ade by Mayor Sorensen to amend reduction to the Sheriff's; he motion to amend and the ori- Motion was made by econded by Commissioner Fahrer get reflecting an additional six quest of $7,616,905.00 by $4,979,376.00 1,9019074.00 576,455.00 55,000.00 $7,511,905.00 Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Sorense Motion carried. Motion was made by by Commissioner Fahrer to a Sheriff -Worker's Compensati $270,000.00. Motion carrie Motion was made by by Commissioner Fahrer to a Sheriff -Special Law Enforce $23,750.00. Motion carried Motion was then ma seconded by Commissioner Fa the balance of the Fine and unanimously. ahrer Yes arvey Yes ernandez Yes wift No No Commissioner Harvey and seconded prove the Budget for n and Insurance in the amount of unanimously. Commissioner Harvey and seconded prove the Budget for ent Training in the amount of unanimously. e by Commissioner Harvey and rer to approve the Budget for Forfeiture Fund. Motion carried Motion was made by;Commissioner Hernandez and seconded by Commissioner Swift to approve the Budget for Key West Airport Fund in the amount of $488,318.00. Motion' carried unanimously. Motion was made bylCommissioner Fahrer and seconded by Commissioner Harvey to approve the Budget for the Law Library in the amount of $53,198.00. Motion carried unani- mously. j Motion was made bylMayor Sorensen and seconded by Commissioner Fahrer to reduce the Budget for the Municipal Service District (Waste) Fund by cutting $220,000.00 out of the proposed Contingency ofi$440,000.00. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey Yes Commissioner Hernandez No Commissioner twift Yes Mayor Sorensen Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Mayor Sorensen to reduce the Budget for Municipal Service District (Waste) Fund -Administration by 10%. During discussion, this motion was withdrawn. Motion was then made by Mayor Sorensen and seconded by Commissioner Hernandez to approve the remainder of the Municipal -Service District (Waste) Fund Budget. Motion carried unanimously. Motion was made by Mayor Sorensen and seconded by Commissioner Fahrer to approve the Budget for Road And Bridge Fund in the amount of $3,910,948.00. Motion carried unanimously. During discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to reconsider the Board's previous motion to approve the Budget for Road and Bridge Fund in its entirety. Motion carried unanimously. Motion was then made by Commissioner Fahrer and seconded by Commissioner Hernandez to reduce the Boot Key Bridge Budget in the Road and Bridge Fund to a total budget of $17,379.09. Roll call vote'was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey No Commissioner Hernandez No Commissioner Swift No Mayor Sorensen No Motion failed. Motion was then made by Mayor Sorensen and seconded by Commissioner Hernandez to approve the Budget for Road and Bridge Fund in the amount of $3,910,948.00. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Sorensen to approve the Budget for Tourist Development Council in the amount of $1,218,664.00 as reflected on the Amended Budget submitted by the Clerk. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve the Budget for Translator Fund in the amount of $754,504.00. Motion carried unani- mously. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve the Budget for Taxing District #1B in the -amount of $109,362.00. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve the Budget for Taxing District #3 in the amount of $126,091.00. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve the Budget for Taxing District #4B in the amount of $130,517.00. Motion carried unanimously. .Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve the Budget for Taxing District #5 in the amount of $1,267,466.00. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve the Budget for 1 1 1 1 Taxing District #6 in the carried unanimously. Motion was made seconded by Commissioner Taxing District #7 in the carried unanimously. amount of $260,664.00. Motion bylCommissioner Hernandez and ; Harvey to approve the Budget for amount of $ - 0.- Motion Motion was made by;�Commissioner Hernandez and seconded by Commissioner Harvey to approve the Budget for Taxing District #1C in the 'amount of $113,003.00. Motion carried unanimously. U Motion was made byl Commissioner Hernandez and, seconded by Commissioner Harvey to approve the Budget for Taxing District #1 in the amount of $207,792.00. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve the Budget for Taxing District #4A in the `amount of $82,739.00. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner H rvey to approve the Budget for Taxing District #1A in thelamount of $136,596.00. Motion carried unanimously. The Board then adjourned the Public Hearing on the Budget for the purpose of 'e-calculating the Aggregate Millage Rates. The Board re -convened as the Board of County Commissioners and continued with the Public Hearings sche- duled for 5:00 p.m. A Public Hearing as held on a proposed Ordinance requiring all persons who or entities which convey vacant property situated within Monroe County to disclose the pen- dancy of the adoption of tke Land Use Plan and the likeli- hood of changes in the County development regulations; requiring execution of an affidavit of disclosure; requiring the recording of such affidavits; providing for severabili- ty; providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to read by title only. Motion carried unanimously. The following persons spoke against the Ordinance: Betty Bullock, Kay Reich, Mike M°arr, Al Damron, Tim Reed of the Marathon Board of Realtors, Tony Etmanzek and Tom Wright. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to strike the Ordinance and adopt the following Resolution authorizing the mailing of a !state- ment with tax notices advising property owners of the pen- dancy of Land Use .RegulatiIons. Roll call vote was unanimous. RESOLUTION NO. 285-1984 See Res. Book No. 39 which; is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance extending the moratorium.. on major developments permitted under Chapter 6 of the Code of Ordinances of Monroe County, and amending Ordinance Nos;,I. 025-1983 and 015-1984; to pro- vide for an extension of tihe provisions of the aforesaid Ordinance No. 025-1983 and Ordinance No. 015-1984 until April 30, 1985; concerning those major development applica- tions that have received preliminary approval as per Chapter 6 of the Monroe County Code of Ordinances as of this date; giving reasons and the cause for an extension of said mora- torium; stating why it is needed and necessary; providing for the length of time for said extension of the moratorium and providing for the steps taken to alleviate said con- dition; providing for certain exceptions of applications which have received preliminary approval for development under Chapter 6, Article VII, of the Monroe County Code; providing that no application which has not received preli- minary approval shall be processed and no new applications for major development shall be accepted; providing for cer- tain exceptions to said Ordinance to include RU-7 zoned pro- perty and properties not zoned RU-7 but where hotels and/or motels are now located; providing for the severability of each and every provision hereof; providing for the repeal of any Ordinances or parts of Ordinances in conflict herewith; providing that said Ordinance shall become part of the Code of Ordinances of Monroe County, Florida; providing for an effective date hereof; and providing for the ratification of any restrictions and/or moratoriums heretofore approved. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to read -by title only. Motion carried unanimously. The following persons spoke concerning the Ordinance: Stanley Price, Kay Reich, Al Damron, Harry Davis, Michal Fagan, Al Fried, Bob Ernst, Jim Kotay, Eric. Stone and Jim Lewis. During the discussion by the public, Mr. Jim Kotay of K-Mart introduced into the record signed petitions totalling 2,034 favoring an exemption for K-Mart Shopping Center to the Moratorium Ordinance. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to continue the Public Hearing until the Third and Final Scheduled Public Hearing on October 19th. Roll call vote was unanimous. The Board then re -convened the Budget Hearing. ...The Clerk announced that the new Aggregate Millage Rate, after the reductions made by the Board during the Public Hearing, was 4.9394 and represented a 7.9% increase over the roll- back rate. After discussion, motion was made by Mayor Sorensen and seconded by Commissioner Harvey to cut the General Fund - Contingency by $125,000.00 and to cut the Fine and Forfeiture Fund Contingency by $20,000.00. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Harvey No Commissioner Hernandez No Commissioner Swift No Mayor Sorensen Yes Motion failed. Motion was made by Commissioner Swift and seconded by Mayor Sorensen to reduce the Sheriff's Budget by $50,000.00; to reduce the Budget for Public Works -Pollution Control by $60,000.00; and to reduce the General Fund -Contingency by $25,000.00. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Harvey Yes Commissioner Hernandez No Commissioner Swift No Mayor Sorensen Yes 1 1 BB _ ` 663. I 1 1 Motion failed. i Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt a Resolution concerning the Final Millage Rates for Fiscal Year 1984-1985 for the Board of County Commissioners exclusive of Municipal Service Tax Districts. During discussion, the motion was withdrawn.' Motion was made by Commissiolner Swift to reduce the Public Works -Pollution Control Budget by $200,000.00 and the Sheriff's Budget by $200,000�.00. Motion died for lack o'f a second. Motion was then mad�e.:by Commissioner Harvey and seconded by Commissioner Fahjrer to adopt the following Resolution approving the Finjal Millage Rates for the Fisical Year 1984-85 for the General Revenue Fund, the Fine & Forfeiture Fund, 1965 Building Certificates, and the Health Clinic. RESOLUTION] NO. 286-1984 See Res. Book No. 39 which i!Is incorporated herein by reference. Roll call vote was taken witlh the following results: ! Commissioner Fahrer Yes Commissioner Hlarvey Yes Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen No i Motion carried. Motion was made by';Commissioner Fahrer and seconded by Commissioner Harvey to ad,jopt the following Resolution, approving the Final Budget for all Funds of the County,! exclusive of Municipal Servilce Taxing District Funds. i RESOLUTIONJ NO. 287-1984 See Res. Book No. 39 which i,;s incorporated herein by reference. I Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner S;Iwift No Mayor Sorensen! No ,j Motion carried. Motion was made by (Commissioner Fahrer and seconded by Commissioner Harvey to adopt the following Resolution approving the Final Millage Rates for the Fiscal Year 1984-85 for all Special Districts, including Waste and excepting District #2. I RESOLUTION NO. 288-1984 See Res. Book No. 39 which i-Is incorporated herein by reference. I Roll call vote was unanimous; with Mayor Sorensen and Commissioner Swift being absent from the meeting. Motion was made byliCommissioner Fahrer and seconded by Commissioner Harvey to adopt the following Resolution approving the Final Budget for the Fiscal Year 1984-85 for BB 664 all Special Districts, including Waste and excepting District #2. RESOLUTION NO. 289-1984 See Res. Book No. 39 which is incorporated herein by reference. Roll call vote was unanimous with Mayor Sorensen absent from the meeting. The Public Hearing continued from this morning on the proposed Ordinance establishing special assessments and service charges for garbage collection rates for residential and commercial collection service from January 1, 1985 through December 31, 1985; repealing all Ordinances in conflict with this Ordinance; providing for an effective date. After discussion, the Manager of the Special Districts advised the Board that he would be able to reduce the special assessment on residential property to $192.00 due to the Budget reductions. He also advised the Board that he would, however, adjust the commercial schedule accordingly. Motion was made by Mayor Sorensen and seconded by Commissioner Fahrer to,adopt the policy that the residen- tial assessment would be approximately $192.00 per residen- tial customer and to continue this Public Hearing until the meeting of October 19th. Motion carried unanimously. There being no further business, the meeting was adjourned. 1 1 1