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02/24/1984 RegularAA 7 009 A regular meeting Commissioners convened on answering to roll call wer Commissioner Jerry Hernand Sorensen, Commissioner Ed Harvey. Also present were Proby, County Attorney; Ke Members of the County's Co the Press and Radio; and g Regular Meeting Board of County Commissioners Friday, February 24, 1984-! 10:00 A.M., Marathon of the Board of County he above date. Present and Commissioners Alison Fahrer, z, Jr., Commissioner Ken wift and Chairman Wilhelmina Danny L. Kolhage, Clerk; Lucien mit Lewin, County Administrator; sulting Engineerings; Member's of neral public. All stood for the�Invocation and remained standing for the Pledge of Allegiance.to the Flag. Prior to the start of the meeting Mayor Harvey recognized Senator Larry Plummer and Representative Joe Allen who were present in 'he audience. PUBLIC HEARINGS First item was a public hearing on a proposed ordi- nance amending Ordinance No. 9-1981 to provide.that the Tourist Development Tax imposed in the aforesaid ordinance by virtue of Florida Statutes 125.0104 may be levied and collected in all of Monroe County. Proof of publication -was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to read the proposed ordinance by title only. Motion carried unani- mously. Mr. George Butler of the Upper Keys, Islmorada and Marathon Chambers of Comme,ce and the Mid Keys Business Association, addressed the6Board and made some recommen- dations concerning the proposed ordinance. Mr. Henry Rosenthal also addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to amend the proposed ordinanIce to include the language con- cerning the construction o: facilities as provi-ded in the Florida Law. Motion carried unanimously. Motion was 'made by Commissioner Swift and seconded by Commissioner Sor-'ensen to amend the proposed ordinance to change the boundariies to read, "from the west end of the Seven Mile Bridge to the City limits of the City ofKey West and -from the west end of the Seven Mile Bridge to the Long Key Bridge and from the Long Key Bridge to Snake Creek Bridge". Roll call vote was taken and carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to amend Section 4 of the proposed ordinance to read at the end of the paragraph, "in each voting district". Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Siwift to adopt the ordinance,as amended. Roll call vote was taken and carried unanimo'usly. ORDINANLCE NO.009-1984 See Ord. Book No. 7 which is incorporated herein by reference. A public hearing was held on a proposed ordinance amending Section 13-26 and Section 13-29 of Division 2,. entitled "Television Translator Taxing District", of Article II of Chapter 13 of the Monroe County Code of Ordinances - providing for the inclusion of the City of Key West and/or the City of Key Colony Beach in the Translator District. Proof of publication was entered into the records. Motion was made by.Commissioner Fahrer and seconded by Commissioner Sorensen to read the proposed ordinance by title only. Motion carried unanimously. Motion was made by Commissioner AA 002 Sorensen and seconded by Commissioner Fahrer to amend the caption to include the City.of Key Colony Beach. Motion was made by Commissioner Hernandezand seconded byoCommissioner Sorensen to adop the ordinance as amended. Motion carried unanimously. .ORDINANCE NO.010-1984 See Ord. Book No. 7 which is incorporated herein by reference. OPENING OF BIDS Next item was the opening of sealed bids for one (1) 2-Ton Stake Dump Truck, 1983-84. Proof of publication was entered into the records. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to authorize the Clerk to open the bids. Motion carried unanimously. The following bids were received: Duncan Ford, Lincoln-Mercury 1618 Roosevelt Boulevard Key West, Florida 33040 $17,284.60 Bob Chango, Inc.- 3500 N. Roosevelt Boulevard Key West, Florida 33040 $18,448.50 Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to refer the bids to staff for a report back in two (2) weeks. Motion carried unanimously. Next was the opening of sealed bids for installa- tion of daybeacons to mark the channel in "lakes" section between Key West and Boca Grande, Florida Keys. Proof of publication was entered into the records. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to authorize the Clerk to open the bids. Motion carried unanimously with Commissioner Sorensen not present. The following bids were received: Upper Keys Marine Construction, Inc. P. 0. Box 18AAA Key Largo, Florida 33037 $ 9,022.00 Frank Keevan & Son, Inc. 2nd Street, Stock Island Key West, Florida 33040 $12,777.00 Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to refer the bids to staff for a report back in two (2) weeks. Motion carried unanimously. Next item Was_the opening of sealed bids for the installation of daybeacons in Key Colony Beach (East and West), Marathon Florida. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Chairman Harvey to authorize the Clerk to open the bids. Motion carried unanimously with Commissioner Sorensen absent. The following bids were received: Upper Keys Marine P. 0. Box 18AAA Key Largo, Florida Construction, Inc. 33037 Frank Kee.van & Son, Inc. 2nd Street, Stock Island Key West, Florida 33040 $ 1,800.00 $ 2,877.00 Motion was made by Commissioner Hernandez and 'seconded by 1 rl AA 003 commissioner Jureri bt:n LU r Ci Cr LnC u I U a t,v Jb4. I I vI - report back in two (2) weeks. Motion carried unanimously with Commissioner Sorensen not present. Next was the opening of sealed bids for drainage improvements, Key Largo Roads (Mile Marker 95 to Mile Marker 101), Key Largo, Florida. Proof of publication was entered into the records. Motion was made by by Commissioner Fahrer and seconded by Commissioner Sorensen to authorize the Clerk to open the bids. Motion carried unanimously. The following bids were received: Community Asphalt Corp. P. 0. Box 9179 Pembroke Pines, Florida 33084 $113,460.91 General Asphalt Co., Inc. P. 0. Box 52 2306 Miami, Florida 33152 $ 88,393.30 Brewer Co., of Fla., Inc. 9801 N.W. 1O6th Street Miami, Florida 33178 $ 77,661.55 Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to refer the bids to staff for a report back in two (2) weeks. Motion carried unanimously. Next was the opening of sealed bids for drainage improvements, Big Pine Key Roads (Mile Marker 28 to Mile Marker 32), Big Pine Key, Florida. Proof of publication was entered into the records. Motion was made by Commissioner Sorensen and seconded by Chairman Harvey to authorize the Clerk to open the bids. Motion carried unanimously. The following bids were received: Charley Toppino & Sons, Inc. Mile Marker 81, U. S. Highway 1 Key West, Florida 33040 $282,345.86 General Asphalt Co., Inc. P. 0. Box 52 2306 Miami, Florida 33152 $200,710.05 Brewer Co.; of Fla., Inc. 9801 N.W. 1O6th Street - Miami, Florida 33178 $125,275.18 Motion was made by Commissioner Fahrer and seconded by Chairman Harvey to refer the bids to staff for a report back in two (2) weeks. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Commissioner Sorensen discussed the proposed contract for consulting services with the Planning Consultants of Kendig, Siemon, Larson and Purdy. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize the County Attorney to prepare and the Chairman to execute a resolution authorizing the Chairman of r- the Board of County Commissioners to execute an Agreement by and between Monroe County, Florida, and the Joint Venture of Kendig, Siemon and Larsen and Purdy. Motion carried unani- mously. RESOLUTION NO.O45-1984 See Res. Book No. 36 which is incorporated herein by ref. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift authorizing the County Attorney to prepare and the Chairman to execute a resolution approving the petition of Wiley B. and Pauline H. Barefoot; announcing and disclaiming any County rights in and to that portion of Bowen Drive lying between Block 13, Lot 4, Block 12, and private beach, Bowen's Addition to Riviera Village, Key AA 00 4 Largo, Monroe County, Florida; making said disclaimer retroactive to January 25, 1972. Motion carried unani- mously. RESOLUTION NO.046-1984 See Res. Book No. 36 which is incorporated herein by ref. Motion was made by Commissioner Fahrer and seconded by Chairman Harvey to approve the following items by unani- mous consent: LEGAL DEPARTMENT Proclamation declaring Saturday, February 18, 1984 The Key West Last Resort Marathon Day. Approval of,letter to Mr. A. J. Hagstrom, U. S. Coast Guard, accepting the U. S. Coast Guard's donation of Tavernier Creek Daybeacons Nos. 12 and 13. County Attorney was authorized to advertise and call for bids for the installation and modification of daybeacons to mark Tavernier Creek, Gulfside, Florida Keys. Resolution authorizing and directing the execution of South Florida Employment and Training Consortium Agreement; and designating the County Administrator as the Official County Representative. RESOLUTION NO.047-1984 See Res. Book No. 36 which is incorporated herein by ref. Resolution approving Change Order No. 1 amending the Contract by and between Frank Keevan and Son, Inc., and Monroe County covering deletions to said contract due to the request of the Florida Department of Transportation that the cover (fill) over the pipe be installed under U. S. Highway 1 at Big Coppitt Key be increased. RESOLUTION NO.048-1984 See Res. Book No. 36 which is incorporated herein by ref. County Attorney was authorized to advertise and call for a public hearing on a proposed ordinance replacing Ordinance No. 19-1983, Right -of -Way Use Permit and Fee Schedule. Resolutions concerning receipt of unanticipated funds from other governmental agencies. RESOLUTION NO.049-1984 RESOLUTION N0. - 9 RESOLUTION NO.051- 984 See Res. Book No. 3*6 which is incorporated herein by ref. Resolution concerning receipt of unanticipated funds and rescinding Resolution No. 013-1984. RESOLUTION NO.052-1984 See Res. Book No. 36 which is incorporated herein by ref. Resolution transferring funds. RESOLUTION NO.053-1984 See Res. Book No. 36 which is incorporated herein by ref. Resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between Monroe County, Florida, and Celeste Rossi to provide food service. RESOLUTION NO.054-1984 See Res. Book No. 36 which is incorporated herein by ref. AA 005 Resolution authorizing execution by and between Monroe County and Five 66666 Cab Company for the purpose of operating a cab service at the Key West International Airport. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Warrants for January and February, 1984: W A R R A N T S GENERAL REVENUE FUND, #16499-17598, in the amount of $2,491, 68 2626. GENERAL REVENUE FUND, BOULEVARD BANK, #39, in the amount of 35,236.90. GENERAL REVENUE FUND, MARATHON BANK, #39, in the amount of 0,499.97. GENERAL REVENUE FUND, FRS, #121, in the amount of $109,723.-3-1 SUPPLEMENT TO THE GENERAL REVENUE FUND, #135-136, in the amount of ,T-06,1T3.22. FINE & FORFEITURE FUND, #314-320, in the amount of $13,106,11T.-27. ROAD & BRIDGE FUND, #263-267, in the amount of $413,804.T0. ROAD & BRIDGE FUND (SPECIAL ROAD PROJECTS), #1, in the amount of $282.00. CAPITAL PROJECT FUND, #48-50, in the amount of $75.00. AIRPORT OPERATION & MAINTENANCE FUND, #198-203, in the amount of 90,466.04. MONROE COUNTY GROUP INSURANCE, #1, in the amount of $30,798.30. MONROE COUNTY SELF INSURED GROUP INSURANCE FUND, #1, in the amount of 7 934.70. TRANSLATOR FUND, #24-26, in the amount of $236,743.2 . LAW LIBRARY FUND, #106-108, in the amount of $681.50. CARD SOUND BRIDGE REVENUE FUND, #18-20, in the amoufat of 33, 3� 5.99. MSD TAX DISTRICT FUND NO. 104, #458-462, iu the amount ofT785,819.46. WORKMENS COMPENSATION, #826-855, in the amount of $59,375.22. TOURIST DEVELOPMENT FUND, #83-86, in the amount of $98,252.08. MSD TAX DISTRICT, #178-182, in the amount of $256,775.61. MSD TAX DISTRICT, BOULEVARD BANK, #6, in the amount of $19756.34. MSD TAX DISTRICT, STATE BANK, #5, in the amount of $3,384.93. 1981 INTEREST & SINKING FUND, #16-17, in the amount of $368.6j— AA36 Fine and Forfeiture Expenditures for the month of February, 1984: FINE & FORFEITURE FUND COMPETENCY & PSY. EVALUATIONS, Mental Health Clinic in the amount of 250.00; Henry Lee Morgenstern in the amount of $32.50. COURT APPOINTED ATTORNEYS, Michael Gilbert in the amount of 00. 0; James R. Keller in the amount of $779.38; William Kuypers in the amount of $518.75; Jeffrey B. Meyer in the amount of $600.00; Henry Lee Morgenstern in the amount of $1,790.00. OTHER EXPENSES, Louis Spallone in the amount of $100.00. COURT REPORTER SERVICES, Associated Court Reporters in the amount of 465.95; Certified Court Reporters in the amount of $669.25; Brenda Farrell in the amount of $3,545.40. COURT INTERPRETER, Tana DeGamez in the amount of $95.00; Jerome Grapel in the amount of $60.00; Alicia Utermark in the amount of $65.00. WITNESS FEES & WITNESS PAYROLL, Fees in the amount of $390.00; Travel in the amount of 2,385.18. Monroe County Advertising expenditures: MONROE COUNTY ADVERTISING COMMISSION EXPENDITURES STUART NEWMAN ASSOCIATES, Inv. #399, in the amount of $5,733.80; Inv. 444, in the amount of $1,045.00; Inv. #445, in the amount of $375.00; Inv. #446, in the amount of $5,740.26. Monroe County Tourist Development Council expenditures: TOURIST DEVELOPMENT COUNCIL FUNDS SOUTHERN BELL, in the amount of $382.41. PITNEY BOWES, in the amount of $104.25. NORWEIGIAN CARIBBEAN LINES (Key Lime Pie), in the amount of 400.00. STUART NEWMAN ASSOCIATES, Inv. #449, in the amount of $17,790.35, Inv. 45O,in the amount of $7,099.90; Inv. #4519 in the amount of $941.20; Inv. #452, in the amount of $1,241.15; Inv. #454, in the amount of $7,173.76. RED BARN THEATER, in the amont of $635.45. KEY WEST FISHING TOURNAMENT, IN THE AMOUNT OF $2,224.75 and 528.00. KEY WEST CITIZEN, IN THE AMOUNT OF $14.24 and $28.48. ISLAND ROOTS FESTIVAL, in the amount of $6,012.64. Minutes for the Special Meeting of January 6, 1984 and Regular Meeting of January 13, 1984. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Payment in the amount of $34,013.16 for the month of December, 1983 to Post, Buckley, Schuh and Jernigan, Inc. AA 007 Contract Addendum by and between Florida Department of Health and Rehabilitative Services extending the Cuban/Haitian Entrant Contract for Personal Health Services through June 30, 1984. Payment of Invoice No. 19 in the amount of $17,888.30 and Invoice No. 22 in the amount of $10,687.53 to Post, Buckley, Schuh and Jernigan, Inc., for the months of September and December, 1983 for the Municipal Service District. Payment No. 1 in the amount of $25,783.00 to Charley Toppino and Sons for drainage improvements on Front Street, Stock Island. Letter of Agreement with Kemp and Rosasco, CPA, for examina- tions of the financial statements for the following Social Service Grants: Nutrition Program, Title III C-1, Title III C-2, Title III C-1 non -recurring and Title C-2 III non- recurring; Homemaker Title III-B Grant; Transportation Title III-B . Approval of FAA Grant of $63,211.00, AIP Project No. 3-12-0037-02, Key West International Airport and authoriza- tion for the Chairman to execute said documents with the Department of Transportation, Federal Aviation Administration (contract No. DTFA06-84-A-80012),update Airport master plan. County Attorney was authorized to advertise for contractors FAA AIP-01 Project Key West International Airport (Runway and Ramp Lighting, CFR Building, Phase 2 Entrance Road). County Attorney was authorized to advertise for Contract FAA AIP-01 Project, Marathon Airport (Install Taxiway Lighting). Approval of Contract No. 84-4-878, U.S.D.A., by and between Monroe County Board of County Commissioners and the Area Agency on Aging for Dade and Monroe Counties, United Way of Dade County, Inc., for the Monroe County Nutrition Program for period of October 1, 1983. Resolution authorizing the Board of County Commissioners acting as the Board of Governors to the Municipal Service District, to enter into a Consent Order by and between the State of Florida, Department of Environmental Regulation and Monroe County Municipal Service District and that the Director of the Municipal Service District is hereby authorized to pay to the Department of Environmental Regulation the $2,000.00 provided for in the Consent Order. RESOLUTION NO. 055-1984 See Res. Book No. 36 which is incorporated herein by ref. Approval of Agreement for new admission to Bayshore Manor with Katharine W. O'Leary. Approval to conduct a study concerning the feasibility of providing Advanced Life Support Ambulance Service within District 1-D, Big Pine Key, Florida. During discussion motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to remove Item E-24, Resolution authorizing execution by and between Monroe County and Five 66666 Cab Company for the purpose of operating a cab service at the Key West International .Airport. Roll call vote was taken unanimously. Roll call vote was taken on the motion as amended and carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following resolution authorizing execution by and between Monroe County and Five 66666 Cab Company for the purpose of operating a cab service at the Key West International Airport. Roll call vote was taken and carried unanimously with commisisoner Swift abstaining due to a conflict of BIZ RESOLUTION NO. 056-1984 See. Res. Book No. 36 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS The Board discussed the request for an allocation of funds to the Key West Junior Football League. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to allocate the sum of $3,000.00 from Contingency to be expended for the Key West Junior Football League. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer No Hernandez Yes Sorensen Yes Swift Yes Yes LEGAL DEPARTMENT Mr. Robert Anderson of the Save Our Shoreline Group made a presentation to the Board concerning the proposed Simonton Street Project to be funded with Boating Improvement Funds. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to adopt the following resolutions striking from both documents any and all references to Save Our Shores and replacing it with The City of Key West and also including the provision that the City will provide the County with a hold harmless agreement. Resolution certifying adherence to Chapter 16D-5.37 Part III of the boating Improvement Fund Rules and Regulations for the Simonton Street Project. RESOLUTION NO.057-1984 See Res. Book No. 36 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between Monroe County, Florida, and The City of Key West concerning the Simonton Street Project. RESOLUTION NO.058-1984 See Res. Book No. 36 which is incorporated herein by reference. Roll call vote was taken and carried unanimously. Motion was- made by Commissioner Hernandez and seconded by Commissioner Swift to postpone the following items for two (2) weeks: Resolution certifying adherence to Chapter 16D-5.37 Part III of the Boating Improvement Fund Rules and Regulations for the Garrison Bight Complex Project. Resolution authorizing the Chairman of the Board of County Commissioners to execute an agreement by and between the Port and Transit Authority of Key West and Monroe County con- cerning the Garrison Bight Project. Motion carried unanimously. Mr. Hillman addressed the Board and discussed and opposed the Garrison Bight Project. The County Administrtor was directed to have a recommendation for the Board concerning the use of the ramp at Garrison Bight. AA 09 UNFINISHED BUSINESS Commissioner Key. Motion was made by Chairman Harvey to Fifth and Sixth Cents GROUP V Hernandez discussed roads at Conch by Commissioner Hernandez and seconded replace the roads in Conch Key on the priority list in the following groups: DISTRICT 4 II Street N Atlas No. Length Pvm't Subdivision Pts. Width Seaview 67.001 686' 16' Conch Key 48 North Conch Ave 67.002 792' 17' Conch Key 54 West Conch Ave 67.003 230' 16' Conch Key 48 South Conch Ave 67.004 634' 16' Conch Key 58 Blackwood 78.015 634' 18' Strattons 69 Mastic 78.005 450' 18' Strattons 57 ., ,. ., TOTAL 3426' Lstimatea Cost lotto, 1. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey Yes Motion carried. REQUEST TO ADDRESS THE BOARD Mr. John Goodknight of the Florida Department of Transportation addressed the Board concerning the update of the County's Five year Plan. Mr. Bill Daniels from the Future Direction of Marathon Committee addressed the Board and favored the 4-laning of Marathon as early as possible. Mr. Bob Ernst of the Middle Keys Citizens Association addressed the Board. Mr. Herbert Emilence discussed the 18-Mile Stretch between Monroe County and Florida City. Mr. Jim Lewis also addressed the Board concerning the 4-laning of U.S. Highway 1 in Marathon. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer directing the County Attorney to prepare and authorizing the Chairman to execute a resolution indicating that Monroe County considers the 4-laning of U. S. Highway 1 in Marathon as a vital concern and the number one issue in U. S. Highway 1 improvement priorities and requesting that all necessary resources be directed to that area. Motion carried unanimously. RESOLUTION N0.058A-1984 See Res. Book No. which in incorporated herein by ref: Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve a variance to the Flood Hazard Ordinance for Ortelio Lopez for property located at Lot 4 and adjoining 40' of Lot 3, Block 3, Key Haven 7th Addition. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen No Commissioner Swift No Mayor Harvey No Motion failed. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to deny said variance for Ortelio Lopez. Roll call vote was taken with the following AA . 010 results: Commissioner Fahrer Yes Commissioner Hernandez No Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey Yes Motion to deny passed. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to approve a variance to the Flood Hazard Ordinance for Gerald Mayette to construct trap building on property located on Lot 14, block 1, Vaca Key, Parrish Subdivision, PB-218 subject to the necessary flood proofing. Roll call vote was taken and carried unanimously. Mr. Hendricks, Attorney reprsenting Mr. Ben Pumo, addressed the Board concerning this request for a variance to the Flood Hazard Ordinance for aircraft utilization on property located at Government Lot 9, Ocean Reef Clud, Barracude Lane, North Key Largo. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve the request. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve a variance to the Flood Hazard Ordinance for Roger C. and Linda Yorde for construction on property located at Lot 22, Block 3, Summerland Key Cove Amended Plat, North Airport Drive, Summerland Key. During discussion Commissioner Fahrer withdrew her second and the motion died for lack of a second. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to deny said variance. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez No Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey Yes Motion to deny passed. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve a variance to the Flood Hazard Ordinance for Edward Hook on property located at Lot 1, Block 5, Cross Key Waterway Estate to put trailer to same elevation as surrounding trailers in that area. Roll call vote was taken an carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mr. Fran Lyle addressed the Board concerning some Flood Insurance problems. No action was taken. BOARD OF APPEALS A Board of Appeals Meeting was held with all Commissioners present along with the Clerk, County Attorney, County Administrator, members of the Press, Radio and interested citizens. Proof of publication was entered into the records. First appeal was that of Mr. and Mrs. Hagopian who requested that the Board of County Commissioners reverse the AA Oil decision of the Monroe County Zoning Board in their action to approve a change of Zoning from BU-1-L to BU-1-0 and approving a Special Use Approval for a Montessori School in a BU-1-0 District on the North i of Lot 29 and all of Lot 30, Block 11, of Sunset Cove Subdivision, as recorded in Plat Book 1, Page 165 and located in Section 32, township 61 South, Range 39 East, Key Largo. (The application was filed by Maria Tompkins). Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to let the record reflect that the appellant in this matter was Mr. and Mrs. Hagopian and that the original applicant was Maria Tompkins. Motion carried unanimously. Ms. Carolyn Wolfe, Attorney representing Mr. and Mrs. Hagopian, addressed the Board. Mr. James Lynch representing Barbara Taylor of the Montessori School addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to deny the appeal and uphold the decision of the Zoning Board. During discussion Mr. Jack Hagopian addressed the Board con- cerning the appeal. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift Yes Chairman Harvey No Motion carried. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to authorize reimbur- sement to the Occupational License for Loyal Order of the Moose, a non-profit organization, in the amount of $450.00. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift Yes Chairman Harvey Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to approve the following variances to the AICUZ Zone: Michael and Jacqueline McCorkle - approval of a variance on Lot 8, Block 8, Porpoise Point Section 5, as recorded in Plat Book 5, page 119, and located in Section 22, Township 67 South, Range 26 East, Big Coppitt Key, AICUZ Zone 2A (65-70db), zoning classification is RU-4. E. G. Kyle, etal - approval of a variance of a piece of property on Rockland Key, Part of Government Lot 6, OR 105-504, 505, 506, more particularly described by metes and bounds and located in Section 21, township 67 South, Range 26 East, Rockland Key, AICUZ Zone 3 (75db), zoning classification is GU. Motion carried unanimously. BOARD OF APPEALS A Board of Appeals Meeting was held with all Commissioners present along with the Clerk, County Attorney, County Administrator, members of the Press, Radio and interested citizens. AA_ 012 Proof of publication was entered into the records. The Board heard the appeal of Mr. Jack Dykstra who requested that the Board of County Commissioners reverse the decision rendered on October 27, 1983 by the Monroe County Zoning Board, in denying his request for a change of zoning from RU-1 to RU-3, on a parcel of land in a part of Government Lot 1, Section 9, Township 66 South, Range 32 East, Marathon, Key Vaca, Mile Marker 48.6. During discussion of the Board of Appeals the Chairman ruled that Mr. Bob Ernst of the Middle Keys Citizens association could address the Board concerning the appeal. Mr. Al Bragg, Attorney representing Mr. Jack Dykstra, the appelant, addressed the Board concerning his appeal. Mr. Bob Ernst addressed the Board in opposition to the appeal. Mr. Bragg then rebutted the statement of Mr. Ernst. Motion was made by Commissioner Swift and seconded by Commissioner Farher to return this matter to the Zoning Board for clarification. Roll call vote was taken and carried unanimously. PUBLIC HEARINGS Next was a public hearing on a proposed ordinance amending Monroe County Code Section 19-106.1(d) to restrict sales of goods at Flea Markets to used articles, second-hand articles, self-made arts and crafts, and home-grown plants. Proof of publication was previously entered into the records. The following individuals spoke for the ordinance: Roy Byrd, Upper Keys Chamber of Commerce; Larry Thompson, John Isaksen, Bill Becker, President Lower Keys Chamber of Commerce; Dr. Jesse Q. Sewell, III. The following individuals spoke against the proposed ordinance: David Horan, Attorney; John Baldwin, John Sacelementi, Guy Dwey, June Frederick, Samuel Evans, Mark Schmitt, Suzanne Murphy, C. J. McDonald, Marie Collins, John Collins, James Ternan, George Chergowsky, Muriel Lawrence, Theodore Brown, Bruce Williams, Rev. James R. Young, Florence E. Dewey. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to continue this public hearing to the next meeting in Plantation Key. During discussion motion was withdrawn. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to withdraw the ordinance from further consideration. Roll call vote was taken and carried unanimously. A public hearing was held pursuant to the provi- sions of Section 129.03, Florida Statutes, 1961 for the pur- pose of receiving any comments on the following proposed Supplemental General Revenue Fund Budget for the fiscal year beginning Octoberr 1, 1983 and ending September 30, 1984. Proof of publication was entered into the records. SUPPLEMENTAL BUDGET MONROE COUNTY GENERAL REVENUE Taxes General Taxes Library Taxes Advertising Estimated Sales Tax Revenue Occupational Licenses Building Permits Competency Cards County Pound (Dog License) Animal Shelter Fees Civil Defense Federal Revenue Sharing Lieu Taxes - Federal Housing Payments in Lieu $ 5,197,721.36 597,563.00 106,607.00 1,650,000.00 130,000.00 900,000.00 60,000.00 1,200.00 5,000.00 25,000.00 720,630.00 8,200.00 325,000.00 AA U�.3 Medical Examiner Grant 9,100.00 Child Support Incentive 1,500.00 State Revenue Sharing 650,000.00 Insurance Agents Licenses 2,000.00 Mobile Home 50,000.00 Alcholic Beverage License 75,000.00 Excess Fees Tax Collector 162,767.36 Clerk Circuit Court Excess 450,000.00 Clerk County Court Excess 25,000.00 Reimburse Supervisor of Elections 23,500.00 Reimburse Feeding Prisoners 1,000.00 Reimburse Utilities Juvenile Home 500.00 Tolls & Dockage 6,000.00 Legal Aid Service 12,000.00 Interest on Time Deposits 200,000.00 Interest on Time Deposits FRS 5,000.00 Interest Daily Repo 30,000.00 Rents 6,000.00 Marathon Airport Rents (Landing Fees) 66,500.00 Reimburse Indigents 90,000.00 Refunds Prior Year 1,000.00 Miscellaneous Revenue 1,000.00 Reimburse Welfare 2,000.00 TOTAL ,575,788.72 Less 5% 578,789.43 95% OF ESTIMATED RECEIPTS ,996,999.29 BALANCES TO BE BROUGHT FORWARD: CASH 2,000,000.00 TRANSFERS FROM MSD 333,192.00 TOTAL REVENUES 3,330, 9 .29 APPROPRIATIONS Board of County Commissioners $ 551,027.72 ,... Fine Arts Council 2,500.00 Clerk to the Board of County Commissioners 331,614.19 Clerk of Circuit Court 625,206.30 Micro -Film 112,661.56 Clerk of County Court 320,011.74 Data Processing 351,944.80 County Attorney 289,381.23 Property Appraiser 755,324.45 Tax Collector 672,000.00 Circuit Court 136,580.00 County Court 29 265.00 State Attorney 72,710.00 Public Defender 135,000.00 Supervisor of Elections 165,268.45 Elections 85,484.89 County Administrator 77,563.34 Personnel/Safety 91,770.09 Public Works - Garage Lower Keys 92,531.85 Public Works - Courthouse & Annex 554,349.72 Public Works - Other Administration Building 6529168.73 Public Works - Garage Middle Keys 949798.17 Public Works - Garage Upper Keys 84,867.05 Public Works Animal Shelter - Key West 749127.77 Public Works Animal Shelter - Marathon 61,718.46 Public Works Animal Shelter - Key Largo 479026.29 Public Works Parks & Beaches 488,569.17 Public Works Pollution Control 333,192.00 Planning & Zoning 6819103.23 Building 5859867.49 Advertising 157,303.39 Veterans Affairs 1309380.10 Medical Examiner 599375.00 Civil Defense 227,885.63 Emergency Services 69,501.90 Emergency Medical Communications System 29,064.00 911 Emergency Telephone 129000.00 AA 014 Baker Act Hospital Mental Health Monroe Association of Retarded Citizens Baker Act Patient Transportation Welfare Administration Social Services - Welfare Services Social Services - Bayshore Manor Social Services - Homemaker Title III-B Social Services - Transportation Program Social Services - Sr. Community Service Projec Social Services - Nutrition C-1 Congregate Social Services - Nutrition Title III C-2 Social Services - Transportation Title III Social Services - C-I Nutrition Social Services - Community Care for Elderly AARP - Lower Keys AARP - Middle Keys AARP - Upper Keys AARP - Big Pine Key Museums Extension Service Marathon Airport FRS-12 Transfer to Supplement Note Payment CONTINGENCY RESERVE FOR CASH BALANCE TOTAL APPROPRIATIONS 51,415.00 126,306.00 8,539.00 33,000.00 164,260.06 158,000.00 348,740.55 16,000.00 120,563.52 20,000.00 28,784.00 3,500.00 21,800.00 12,774.48 10,000.00 1,500.00 1,500.00 1,500.00 1,500.00 21,617.30 79,210.71 93,180.76 65,000.00 566,656.99 1119743.00 1 ,308,235.E 131,956.21 198909000.00 3,33099 .29 Mr. Bob Ernst of the Middle Keys Citizens Association addressed the Board and opposed to the use of the additional funds in the area of advertising. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve the Supplemental Budget as advertised with the following amendment: Transferring the $57,303.39 from Advertising to the Contingency Fund to be earmarked in the Contingency Fund for future use in the area of advertising should the Referendum on the Tourist Development Tax fail. During discussion motion was made by Commissioner Hernandez and seconded by Commissioner Swift to separate this into two (2) motions. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen No Commissioner Swift Yes Mayor Harvey No Motion failed. Roll call vote was taken on the original motion and carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following reso- lution authorizing the Chairman of the Board of County Commissioners, acting as the Board of Governors of Municipal Service Taxing District or Benefit District 4-A to execute an Agreement by and between Municipal Service Taxing or Benefit District 4-A and the City of Layton, Florida. Motion carried unanimously. RESOLUTION NO.059-1984 See Res. Book No. 36 which is incorporated herein by reference. AA 015 Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following reso- lution approving Change Order No. 1 amending the Contract by and between Charley Toppino and Sons, Inc., and Monroe County, Florida, covering redesign of drainage swales on the Junior College Road Project resulting in an increase in Contract price. Motion carried unanimously. IIRESOLUTION NO.060-1984 See Res. Book No. 36 which is incorporated herein by ref. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt a resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between the County of Monroe, State of Florida, and Arnold's Auto Towing, Inc., for salvage purposes. During discussion the motion was withdrawn and the item was referred to the County Administrator for investigation. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to postpone this item for two (2) weeks. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to adopt the following resolution concerning receipt of unanticipated funds from Artificial Fishing Fees. Motion carried unanimously. RESOLUTION NO.061-1984 See Res. Book No. 36 which is incorporated herein by ref. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to adopt the following resolution upholding the decision of the Zoning Board of Monroe County, Florida, without prejudice and denying the request of Mr. and Mrs. Hagopian to reverse the decision of the Zoning Board of Monroe County approving a change of zoning from RU-1-L to BU-1-0. Motion carried unanimously. RESOLUTION NO.062-1984 See Res. Book No. 36 which is incorporated herein by ref. Commissioner Sorensen and seconded by Commissioner Fahrer to strike a resolution from the agenda reversing the decision of the Zoning Board regarding the request of Maria Tompkins. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to strike from the agenda the two (2) resolutions regarding the Zoning Board decision of the request of Jack R. Dykstra and Jack R. Dykstra II. Motion carried unanimously. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to appoint Commissioner Fahrer to the Monroe County Canvassing Board with Commissioner Swift to serve as an alternate. Motion carried r' unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve a Lease Agreement -with Bob Chango, Inc., for a 1984 Chevrolet, Celebrity, Station Wagoon vehicle to be used by Bayshore Manor for a total amount of $6,992.64, 24 monthly payments of $291.36. Motion carried unanimously with Commissioner Swift not pre- sent. Mr. Lewin discussed the fact that the County's liability carrier was no longer insuring in Florida and that AA 016 he had obtained proposals from various companies to place this coverage. He indicated that the total cost would now be $95,701.00 to include the general liability and automo- bile liability. Motion was made by Commissioner Fahrer and seconded by Chairman Harvey to approve payment as follows: Comprehensive General Liability Constitution State Ins. Co., Arthur J. Gallagher and Co., Miami - $32,598.00 Automobile Liability & Physical Damage American Specialty Insurance Co., John Hunt & Associates, Tallahassee - $54,603.00 Umbrella Liability, Continuation, Including Bridges Protective National Insurance Co., Arthur J. Gallagher & Co., Miami - $8,500.00 Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez No Commissioner Sorensen Absent Commissioner Swift Absent Mayor Harvey Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen authorizing a lease for additional space at the Truman Annex for the Planning Staff in the amount of $1,596.00 per annum. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve the payment to Alexander Marine in the amount of $11,200.00 and also the bill for advertising of the bids in the amount of $204.10. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to approve the following new classifications in the County's Personnel and Pay Plan: Engineering Technican I - Pay Grade 44 Engineering Technican II Pay Grade 41 Motion carried unanimously. The County Administrator read a letter from Mr. Harry F. Knight, Tax Collector, concerning the advertisement of the Delinquent Tax Roll. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen directing the County Administrator to obtain proposals for the adver- tisement of the Delinquent Tax Roll and report back to the Board. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to approve the new classification in the Monroe County Personnel and Pay Plan of Secretary/Computer Operator, Pay Grade 36. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to authorize payment of the bill for flowers to Congressmen Dante Fascell due to the rescent death of his son to be paid out of the Board's $5,000.00 Advertising Account. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to postpone the con- sideration of a resolution concerning amendments to the DER Grant. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to authorize waiver of building permit fee for remodeling existing building of The Lord of the Seas Lutheran Church. Roll call vote was taken with the following results: AA 017 Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to authorize renewal of excavation permit for Charles Valois for one (1) year. Mr. Jim Hendricks, Attorney, representing Mr. Valois addressed the Board. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to approve payment in the amount of $650.00 to Risk Control Associates, Inc., for the month of January, 1984. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to approve the following building permit refunds: First Baptist Church of Key Largo - $279.00 Blanche Sturdevant - $135.00 Patraick H. Murray - $25.00 Eric Smith - $50.00 Standard Marine Supply - $100.00 Gerald Krause Construction - $534.00 Standard Marine Supply Co. - $50.00 Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer No Hernandez Yes Sorensen Yes Swift No Yes Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to postpone an item con- cerning appointment to the Fine Arts Council to replace Helen L. Burton for two (2) weeks. Motion carried unani- mously. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to grant a waiver of building permit fee for the Fifth Street Baptist Church to construct a building in Sugarloaf Key. Roll call vote was taken and carried with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to postpone consideration of a permit fee adjustment for the Bahia Club for two (2) weeks. Motion carried unanimously. Next item was appointments to the Code Enforcement Board. Commissioner Hernandez nominated Mr. Jose Gonzales, Architect. Roll call vote on this nomination was unani- mous. Chairman Harvey nominated Tom Hardin, Contractor. Roll call on this nomination was unanimous. Commissioner Sorensen nominated Mr. Dale Baldwin and Ms. Betty Bullock. Roll call on these nominations were unanimous. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to accept the recommendation of the Manager of the MSD for two (2) one ton trucks and one (1) Landfill Compactor. Mr. Aguero recommended the bids be awarded to Bob Chango, Inc., for the two (2) one ton trucks in the amount of $39,995.24 and to DeWind Machinery Co., for the Landfill Compactor in the amount of $119,854.00. During discussion motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to postpone this item for two (2) weeks. Motion carried unanimously with Commissioner Swift not present. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Fahrer discussed the job description of the Fire Marshall. No action was taken. Commissioner Swift requested a legal opinion in regards to pyramiding. Motion was made by Commissioner Swift and seconded by Chairman Harvey to postpone this item for two (2) weeks. Motion carried unanimously. Commissiner Swift discussed the Board's action in approving the ordinance which levied the $28.00 Special Assessment in the Municipal Tax District. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to reconsider the Board's action to approve the ordinance levying the $28.00 Special Assessment in the Municipal Service Tax District. Roll call vote was taken on the motion to reconsider and carried unanimously. Following discussion motion was made by Commissioner Fahrer and seconded by Commissioner Hernandez to appoint a committee consisting of Mr. Proby, Mr. Jim Hendricks, Attorney, Mr. Mike Halpern, Attorney, and Mr. Charles Aguero, Manager of MSD to review the ordinance and make proposals to revise the same. Roll call vote was taken and carried unanimously. Commissioner Swift discussed the Board's Administrative Procedures and the position of Mayor. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to temporarily suspend the Board's Rules of Procedure. Roll call vote was taken with the following r e s u I s : Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey No Motion carried. At this point Commissioner Swift nominated Commissioner Sorensen to serve as Mayor/Chairman of the Board of County Commissioners and also adopted the following resolution authorizing the continued use of Wilhelmina Harvey's signature as Mayor until the meeting of March 9, 1984, at 12:00 P.M. Roll call vote was taken on the nomina- tion as follows: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey No AA 019 Motion carried. RESOLUTION NO.062A-1984 See Res. Book No. 36 which in incorporated herein by ref. Motion carried. Commissioner Swift then nominated Commissioner Fahrer to serve as Mayor pro tem/Vice Chairman. Roll call vote was taken and carried unanimously. Commissioner Swift discussed the culverting of U. S. Highway 1. Motion was made by Commissioner Swift Commissioner Fahrer to authorize the County Attorney to pre- pare and the Chairman to execute a resolution supporting the environmental culverting of U. S. Highway 1 near Key Haven Road. Roll call vote was taken and carried unanimously. RESOLUTION NO.063-1984 See Res. Book No. 36 which is incorporated herein by ref. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to reinstate the Board's Administrative Rules of Procedures. Roll call vote was taken and carried unanimously. Commissioner Swift discussed a method by which burning could be conducted on Big Pine Key. No action was taken. Motion was made by Mayor Sorensen and seconded by Commissioner Fahrer to approve the advertisement of an ordinance calling for a Special Hospital District to be known as the Upper Keys Hospital District. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt a Proclamation proclaiming March 7, 1984 as "Womens Rights Day". Motion carried unani- mously. UNFINISHED BUSINESS Motion was made by Commissioner Fahrer and seconded by Commissioner Hernandez to place "chatter" strips on Third Avenue, Marathon, Florida. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to postpone an item conserning waiving fee for factory -built homes for two (2) weeks. Motion carried unanimously. Mr. Proby discussed with the Board the fact that he had tentatively hired Mr. Jim Kellar, Attorney in Marathon, as a full-time Assistant County Attorney and Ms. Sherry Smallwood, an Environmental Lawyer, formerly with the Department of Environmental Regulation also as a full-time Assistant County Attorney. He also advised the Board that Mr. Ron Saunders and Mr. Baxter Lemond would be resigning effective March 15, 1984 and March 1 , 1984 respectively. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve the hiring of Mr. Kellar and Ms. Smallwood as full-time Assistant County Attorneys and also accepting the resignations of Mr. Saunders and Mr. Lemond effective March 15 and March 1 , respectively. 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 resolution concerning the authorization of the Jail Committee to hold a pre - proposal meeting concerning the jail improvements. Motion carried unanimously. RESOLUTION NO.064-1984 See Res. Book No. 36 which is incorporated herein by ref. AA 020 Mr. Proby discussed briefly a stipulated agreement concerning Shark Key. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift instructing Mr. John Noonan and Mr. George Aldret to issue citations as Violation Inspectors. Motion carried unanimously. There being no further business the meeting was adjourned. * * * * * * * * * * * *