05/04/1984 RegularAA ; 072
Regular Meeting
Board of County Commissioners
Friday, May 4, 1984
10:00 A.M., Plantation Key
A regular meeting of 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, and Mayor Ken Sorensen. Commissioner Ed Swift
was absent. Also present were Danny L. Kolhage, Clerk;
Lucien Proby, County Attorney; Kermit Lewin, County
Administrator; members of the County's Consulting
Engineers Firm; members of the Press and Radio; and the
general public.
All stood for the Invocation and Pledge of
Allegiance to the Flag.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Motion was made by Commissioner Hernandez and
seconded by Chairman Sorensen to postpone the following
items for two (2) weeks:
(1) Consideration of approval of FAA Grant
Amendment for Marathon ADAP-03 Project in the amount of
$17,000.00.
(2) Consideration of approval of FAA Grant
Amendment for Key West International Airport ADAP-06 Project
in the amount of $13,082.10.
Motion carried unanimously.
PUBLIC HEARINGS
A public hearing was held on the establishment of a
hazardous waste storage and transfer facility on Long Key.
Proof of publication was entered into the records. Mayor
Sorensen, prior to the public hearing, asked Mr. Aguero to
address the Board and the public concerning the requirements
of the law. The following individuals spoke concerning the
issue: Arlene Reiser, Upper Keys Citizens Association;
James S. Kepley, Sea World Shark Institute; Thomas Coldbin,
Everglades National Park; Leonard A. LeSchack, LeSchack
Assoc., Ltd., Long Key; William V. Fletcher, Layton
Volunteer Fire Chief, Long Key, Fla.; Alma K. Herstedt,
LeSchack Assoc., Ltd., Long Key; Sandy Barrett, South
Florida Regional Planning Council; Dian A. Rozema, Resident
O.R. at Long Key; Cliff LaBar, Secretary of Board of
Directors of Outdoor Resorts, Long Key; Paul Miller,
President of O.R.A.,- Long Key; and Jane Banderlerg, resident
of Long Key. Motion was made by Commissioner Fahrer and
seconded by Commissioner Harvey to continue the public
hearing for two (2) weeks. During discussion the motion was
withdrawn. Motion was made by Commissioner Hernandez and
seconded by Commissioner Harvey to send a letter to the
Governor and Cabinet requesting that they send a represen-
tative to Monroe County to monitor the public hearings.
During discussion motion was made by Commissioner Fahrer to
cancel the next public hearing until we receive more infor-
mation from the Department of Environmental Regulations
concerning the extension of the time limit for the establishme
of the facility. Motion died for lack of a second. Motion
was made by Chairman Sorensen and seconded by Commissioner
Hernandez to table consideration of this item and also
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authorizing the sending of a letter to the Governor and
Cabinet requesting additional time and information con-
cerning this matter. Roll call vote was taken and carried
unanimously. Motion was made by Chairman Sorensen and
seconded by Commissioner Harvey to cancel the second adver-
tised public hearing. Motion carried unanimously.
OPENING OF BIDS
Next item was opening of sealed bids for furnishing
all labor, materials and equipment for the construction of
Terminal Improvements/CFR Building, Airport Improvement
Project (AIP) 3-12-0037-01, Key West International Airport.
This item was postponed for two (2) weeks.
Motion was made by Commissioner Harvey and seconded
by Commissioner Hernandez to authorize the Clerk to open the
sealed bids on the following five (5) projects. Motion
carried unanimously. Proofs of publication were entered
into the record for all five (5) projects.
Sealed bids for furnishing all labor, materials,
and equipment for the construction of Landside Improvements
Terminal Entrance Road Phase II, Airport Improvement Project
(AIP) 3-12-0037-01, Key West International Airport. The
following bids were received:
Frank Keevan & Son, Inc.
2nd Street, Stock Island
Key West, Florida 33040 $178,017.60
Charley Toppino & Sons, Inc.
P. 0. Box 787
Key West, Florida 33040 $204,015.64
The Brewer Co. of Fla., Inc.
9801 N.W. 106th Street
Miami, Florida 33178 $328,310.91
Motion was made by Commissioner Harvey and seconded by
Commissioner Fahrer to refer the bids to staff. Motion
carried unanimously.
Sealed bids for furnishing all labor, materials and
equipment for the re -construction of runway 9/27 medium
intensity runway lights (MIRLS, 4800'x100'), Key West
International Airport. The following bids were received:
H. L. Pruitt Corp.
Base
Bid
$253,970.75
P. 0. Box 610
Alt.
A
609444.00
Oviedo, Fla. 32765
Alt.
B
54,011.50
Base Bid Plus Alt.
A &
B
$368,426.25
Frank Keevan & Son
Base
Bid
$188,976.50
2nd St.,Stock Island
Alt.
A
40,757.50
Key West, Fla. 33040
Alt.
B
38 074.25
Base Bid Plus Alt.
A &
B
$26 ,808.25
Motion was made by Commissioner Fahrer and seconded by
Commissioner Harvey to refer the bids to staff. Motion
carried unanimously.
Sealed bids for furnishing all labor, materials and
equipment for the construction of medium intensity taxiway
lighting (MITL) and electrical vault installation, Airport
Improvement Project (AIP) 3-12-044-01, Marathon Airport.
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The following bids were received:
Cotton Construction Inc.
P. 0. Box 2386
Key West, Florida 33040 $ 94,898.09
H. L. Pruitt Corp.
P. 0. Box 610
Oviedo, Florida 32765 $121,466.00
Superior Electrical Contractor, Inc.
9500 N.W. 79th Ave.
Hialeah Gardens, Fla. 33016 $ 83,740.00
Frank Keevan & Son, Inc.
2nd Street, Stock Island
Key West, Florida 33040 $ 869747.50
Benson Electric, Inc.
18637 S.W. 105th Ave.
Miami, Fla. 33157 $1529573.00
F.N. Neal, Inc.
8282 S.W. 124th Street
Miami, Florida 33156 $1229536.80
Motion was made by Commissioner Harvey and seconded by
Commissioner Fahrer to refer the bids to staff. Motion
carried unanimously.
Sealed bids for drainage improvements to Big Pine
Key Roads (MM 28 to 32) Big Pine Key. The following bids
were received:
General Asphalt Co., Inc.
4850 N.W. 72nd Ave.
Miami, Fla. 33152 $2009710.05
The Brewer Co. of Fla., Inc.
9801 N.W. 106th St.
Miami, Fla. 33178 $1859559.59
Charley Toppino & Sons, Inc.
P. 0. Box 787
Key West, Fla. 33040 $210,853.22
Motion was made by Commissioner Harvey and seconded by
Commissioner Fahrer to refer the bids to staff. Motion
carried unanimously.
Sealed bids for roadway improvements to 5th Street
and 6th Avenue on Stock Island, Cypress Streets on Racoon
Key. The following bids were received:
General Asphalt Co., Inc.
4850 N.W. 72nd Ave.
Miami, Fla. 33152 $109,525.85
The Brewer Co. of Fla., Inc.
9801 N.W. 106th St.
Miami, Fla. 33178 102,332.13
Charley Toppino & Sons, Inc.
P. 0. Box 787
Key West, Fla. 33040 83,466.19
Motion was made by Commissioner Harvey and seconded by
Commissioner Fahrer to refer the bids to staff. Motion
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carried unanimously.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Commissioner Hernandez discussed the funding alter-
natives for the Municipal Service Taxing District.
Commissioner Hernandez discussed possible use of an
incinerator development fee of $500.00 per unit to be
applied either on the building permit or certificate of
occupancy when issued. General discussion ensued by the
Board concerning the methods of funding the Municipal
Service District and of replacing the current $28.00
assessment. Motion was made by Commissioner Hernandez and
seconded by Commissioner Fahrer authorizing the County
Attorney to prepare and advertise for an ordinance which
would create an incinerator development systems fee in the
approximate amount of $500.00 to be placed upon either the
issuance of building permits or certificates of occupancy.
Roll call vote was taken and carried unanimously. The Board
directed the County Administrator to contact Mr. Joe Wise of
William Hough and Company and request that he appear before
the Board to discuss this action and also to advise any
other agency which should be consulted in the matter.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to approve the following items by
unanimous consent:
LEGAL DEPARTMENT
The Legal Department was authorized to advertise a public
hearing on a proposed ordinance amending the Comprehensive
Zoning Ordinance by amending Ordinance No. 1-1973 as amended
to provide for additional permitted uses in RU-3 zoning
districts (pyramiding).
Board adopted the following resolution rescinding Resolution
No. 314-1983 adopted by the Board of County Commissioners on
November 10, 1983, authorizing execution of an Agreement by
and between the County of Monroe, State of Florida and
National Commuter Airlines, Inc., for the purpose of
obtaining certain rights, services and privileges at the Key
West International Airport.
RESOLUTION NO. 128-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Board adopted the following resolution rescinding the appro-
val granted by the Board of County Commissioners on October
14, 1983 authorizing the Chairman of the Board of County
Commissioners to execute a Lease Agreement by and between
The Banyan and the County for installation of one (1)
Gazebo at Key West International Airport.
RESOLUTION NO. 129-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Board adopted the following resolution rescinding the appro-
val granted by the Board of County Commissioners on October
14, 1983 authorizing the Chairman of the Board of County
Commissioners to execute a Sign Lease by and between Old
Town Realty, Inc., Realtor and the County of Monroe, State
of Florida at Key West International Airport.
RESOLUTION NO. 130-1984
See Res. Book No. 37 which is incorporated herein by
reference.
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Board adopted the following resolution authorizing the
Chairman of the Board of County Commissioners to execute an
Addendum to the Airport Restaurant Lease by and between
Monroe County Florida, and Fred B. Sellers, Sr.
RESOLUTION NO. 131-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Board adopted the following resolution authorizing the
Chairman of the Board of County Commissioners to execute a
Mutual Fire Fighting Agreement by and between the County of
Monroe, State of Florida, and the Commanding Officer,
N.A.S., Key West.
RESOLUTION NO. 132-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Board adopted the following resolution authorizing the
Chairman of the Board of County Commissioners to execute an
Agreement by and between the Board of County Commissioners
and Frank Keevan and Son, Inc., covering Boating Improvement
Fund Project at "Lakes" Passage, Key West to Boca Grande.
RESOLUTION NO. 133-1984
See Res. Book No. Bch is incorporated herein by
reference.
Board adopted the following resolution authorizing the
Chairman of the Board of County Commissioners to execute an
Agreement by and between the Board of County Commissioners
and Frank Keevan and Son, Inc., covering Boating Improvement
Project at Cow Key Channel, Stock Island, Key West.
RESOLUTION NO. 134-1984
See Res. Book No. 37 which is incorporated herein by
reference.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Board approved the following Monroe County Advertising
Commission expenditures:
MONROE COUNTY ADVERTISING COMMISSION
Stuart Newman Assoc. (Newspapers) $ 165.00
Stuart Newman Assoc. (Feb. Produc.) 4,372.65
Total $4,537.65
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Board approved the following Monroe County Tourist
Development Council expenditures:
Southern Bell $ 426.73
Key West Chamber of Commerce 1,000.00
Red Barn Theatre 626.52
Country Sportsman 2,773.97
4,827.22
W A R R A N T S
GENERAL REVENUE FUND, #19488-#20440, in the amount
of $2,352,265.74.
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GENERAL REVENUE FUND, BOULEVARD BANK, #124-#127, in
the amount of 305,607.88.
GENERAL REVENUE FU D, MARATHON BANK, #429 in the
amount of 12,066.80. 1.
GENERAL REVENUE FUND, FIRST AMERICAN BANK, #42, in
the amount of $19,031.20.
TOURIST DEVELOPMENJ-
of $48,124.64.
SUPPLEMENT TO THE
in the amount of 74,481.96'�
FINE & FORFEITURE
$900,952.07.
ROAD & BRIDGE FUND
$180,957.16. 1
COUNCIL, #914101, in the amount
GENERAL REVENUE FUND, #143-#;147,
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FUND, #335-#345, in the amount of
#280-#283, in the amount-olf
MONROE COUNTY GROUP INSURANCE, #9-#10 (Received new
checks.#1-#4), in the amounkt of 99,769.49.
MSD, FLA. FIRST NATIONAL BANK KEY WEST, #190-#192,
in the amount of 53,405.72.
AIRPORT OPERATION& MAINTENANCE FUND, #214-#218, in
th-e amount of $30,639.52f.
MSD', FLA. KEYS 1ST STATE BANK/KEY LARGO, #8, in the
amount of.5-2—,-778.76. b
MSD PLEDGED FUNDSZMARATHON BANK, #17418, in the
� amount of37,278.75.
1981 IMPROVEMENT BONDS/INTEREST & SINKING_, #19,
in the amount of T399.55. r
LAW LIBRARY FUND,#1134115, in the amount of
$738.90.
CARD SOUND BRIDGE REVENUE FUND, #28-#33, in the
amount of 86,376.02.
MSD TAX DISTRICT #486-#497, in the amount of"
$767,936.12. Y
WORKMENS COMPENSATION, #909-#934, in the amount of
$149,560.07.
1981 IMPROVEMENT BONDS/CAPITAL PROJECT FUND, #53, in
the amount of $50.00.
MSD BOULEVARD BANK/SUMMERLAND KEY, #9, in the
amount of-$T,229.77. I
1981 IMPROVEMENT BONDS/RESERVE ACCOUNT, #7, in the
amount of 262,528.98.
TRANSLATOR ACCOUNpT, #33-#34, in the amount of
$5,991.24.
Board approved Minutes of the Regular Meetings of the Board
of County Commissioners of March 9, and March 23, 1984 and
Special Meetings of April '�4 and April 6, 1984.
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Board acknowledged receipt of the Report of Forfeited
Vehicles/Vessels for the quarter ending December 31, 1983
from the Monroe County Sheriff's Office, pursuant to Florida
Statutes 932.704(5).
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Board approved payment in the amount of $1,770.00 to Risk
Control Associates, Inc., for consultant services for the
month of March, 1984.
Board approved the transfer of $14,500.00 from the Key West
International Airport Contingency Fund to ADAP-06 Fund.
Board approved the Bond of Capt. Edwin E. Crusoe IV as
Harbor Master, Port of Key West, Monroe -County, Florida.
Board accepted recommendation of Mr. Jeffrey Fisher,
Extension Service Director, concerning bids received on
Boating Improvement Fund Projects as follows:
Cow Key day marker .repair - Frank Keevan & Son,
Inc., in the amount of $1,987.00.
"Lakes" Channel Markers - Frank Keevan & Son, Inc.,
in the amount of $8,977.00.
Tavernier Creek, Gulfside - Frank Keevan & Son,
Inc., in the amount of $3,247.00.
Board approved payment out of the Contingency Fund in the
amount of $614.73 to South Florida Employment and Training
Consortium for joint liability.
Board approved admission of Josephine Camero Vinson to
Bayshore Manor effective April-19, 1984.
Board authorized the County Attorney to advertise and call
for bids for one (1) Type III Ambulance and associated
and/or related equipment for Municipal Service Taxing
District No. 5.
Board approved payment to Post, Buckley, Schuh and Jernigan,
Inc., in the amount of $44,485.14 for the month ending March
31, 1984.
Board approved application of Phillips Andes for the place-
ment of fill below the mean high water line to place 4 c.y.
of rip rap boulders at Section 25, Township 66 South, Range
29 East, Lot 3, Hollerich Subdivision, Big Pine Key, per
staff recommendation.
Board approved the following variances to the Flood Hazard
Ordinance per staff recommendation:
Jack Clark - place mobile home at the same eleva-
tion as the surrounding mobile homes on property located at
bay -side of Key Largo within the mobile home subdivision
known as Key Largo Trailer Village.
Eric Feige - place mobile home at the same eleva-
tion as the surrounding mobile homes on property located at
bay -side of Key Largo, within the mobile home subdivision
known as Sexton Cove Estates.
Carlos Furones - place mobile home at the same ele-
vation as the surrounding mobile homes on property located
at bay -side of Key Largo, within the mobile home subdivision
known as Lake Surprise Estates.
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Bruce Williams - p
vation as the surrounding mi
at bay -side of Key Largo, w
known as Cross Key Waterway
ace mobile home at the same ele-
ibile homes on property located
thin the mobile home subdivision
Estates.
Casimir Miska - withdrawn for two (2) weeks.
Richard Aleman - place mobile home at the same ele-
vation as the surrounding mobile homes on property located
at bay -side of Tavernier, wilthin the mobile home subdivision
known as Sunset Acres.
Rudolf Krause & Sons - place mobile home at the
same elevation as the surrounding mobile homes on property
located at north end of Little Torch Key, within the mobile
home subdivision known as Coral Shores Estates, Lot 14,1
Block 4. 1
Rudolf Krause - place mobile home at the same !ele-
vation as the surrounding mobile homes on property localted
at the north end of Little Torch Key, within the mobile"home
subdivision known as Coral Shores Estates, Lot 12, Block 4.
Rudolf Krause - place mobile home at the same ele-
vation as the surrounding mobile homes at property located
at the north end of Little Forch Key, within the mobile -,home
subdivision known as Coral ;Shores Estates, Lot 17, Block 4.
Rudolf Krause - place mobile home at the same ele-
vation as the surrounding mobile homes at the north side of
Little Torch Key, within the mobile home subdivision kdown
as Coral Shores Estates, Lott 47, Block 4.
Rudolf Krause - pl`ace mobile home at the same ele-
vation as the surrounding mobile homes at property located
at the north end of Little Torch Key, within the mobile home
subdivision known as Coral Shores Estates, Lot 10,.Bloc'k 3.
Harry & Elvira Mahoney - withdrawn.
Board approved a variance for Randy F. Virtue to the AI;CUZ
Zone (2A), on Lot 9, Block g7 of Porpoise Point Section 14, as
recorded in Plat Book 5, page 118; and located in Section
22, Township 67 South, Range 26 East, Big Coppitt Key per
staff recommendation.
Board approved Florida Department of Transportation Jo lint
Participation Agreement for terminal renovations at Key,, West
International Airport in the amount of $47,644.00.
Board approved Community Care for the Elderly Grant
Application for FY 1984-85.�
Motion carried unanimously
REPORTS & RECOMM,ENDATIONS OF BOARD MEMBERS
Mr. Hillman discus'osed Garrison Bight boat ramp
operations currently in effect. This matter was referred to
the County Administrator and he was asked to place it on the
next agenda and have all interested parties available to
discuss it.
Commissioner Hernandez discussed the headquarters
of the Director of the Buil°ding Department and the Building
Official. After discussion:, motion was made by Commissioner
Hernandez and seconded by Commissioner Harvey that the job
description of the newly hired Building Official reflect a
requirement that he visit the Upper Keys and Marathon
Offices at least once each week. Mr. Bill Smith repre-
senting the Contractors Association addressed the Board and
supported the concept as outlined in the motion. Mr. Joe
Bell of Tavernier also addressed the Board. Motion carried
unanimously. Commissioner Hernandez then discussed other
activities of the Building Department. Motion was made by
Commissioner Hernandez and seconded by Commissioner Harvey
directing that the Contractors Association be notified at
least ninety (90) days in advance of any changes to the
Building Code and further that any policy or interpertation
changes in the Code should come to.the Board of County
Commissioners prior to their implementation. Motion carried
unanimously.
LEGAL DEPARTMENT
Mr'. Proby discussed the discussion on the New Port
Largo Airport Case and advised the Board that after
discussion and consultation with special counsel Mr.
Sherritt, that he recommends that the Board appeal the deci-
sion. Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey directing the County_ Attorney to file
the necessary appeal in the case concerning Monroe County
and the New Port Largo Airport. Motion carried unanimously.
Motion was made by Mayor Sorensen and seconded by
Commissioner Hernandez to postpone resolution and agreement
concerning Professional. Services by and between Winifred
Sheridan Smallwood and Monroe County for two (2) weeks.
Motion carried unanimously.
Motion was made by Chairman Sorensen and seconded
by Commissioner Harvey to adopt the following resolutions:
Resolution rescinding Resolution No. 124-1984 adopted by the
Board of County Commissioners on April 6, 1984 for the pur-
pose of holding a public hearing at 10:00 A.M. on Friday,
May 4, 1984, concerning the road abandonment of Key Haven
Road.
RESOLUTION NO. 135-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Resolution rescheduling date for public hearing on proposed
road abandonment in Key Haven to June 1, 1984 at 5:00 P.M.
RESOLUTION NO. 136-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded by
Chairman Sorensen to correct the legal being used in the
advertisement to reflect the location of the property to be
at Key Haven. Motion c.arried unanimously. Motion was made
by Commissioner Harvey and seconded by Commissioner Fahrer
to make the necessary changes in the resolution. Motion
carried unanimously.
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Motion was made by
by Commissioner Fahrer to p
petition of Robert J. Pater
vacate a drainage easement
adopting resolution setting
carried unanimously.
Motion was made by
by Commissioner Hernandez t
approving Change Order No.
between Charley Toppino and
covering moving of the cent
College Road and resulting
in contract price. Motion
Chairman Sorensen and seconded
stpone a resolution concerning
o and Mary Dell Paterno to
n Key Haven, loth Addition, and
date for public hearing'. Motion
Chairman Sorensen and seconded
adopt the following resolution
amending the Contract by and
Sons, Inc., and Monroe County,
r 1 i ne of the pavement of Jrj.
n an increase of materials Band
arried unanimously.
RESOLUTION NO. 137-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Motion was made b
by Commissioner Fahrer to
rescinding the approval gr
Commissioners on October 1
of the Board of County Com
by and between Stephen B.
County of Monroe, State of
International Airport. Mo
Chairman Sorensen and secon'ded
dopt the following resolution
nted by the Board of County,
, 1983 authorizing the Chairman
issioners to execute a Sign;Lease
nd Amy Zafir d/b/a Amy's and the
Florida, at Key West
ion carried unanimously.
RESOLUTION NO. 138-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Motion was made b
by Commissioner Harvey to
authorizing the Chairman o
Commissioners to execute a
of Monroe, State of Florid
at the Marathon Airport wi
would provide that no tran
possible without prior app
Commissioners. Motion car
Chairman Sorensen and seconded
dopt the following resolution
the Board of County -
Lease by and between_ the County
, and Land N'Sea Charter Service
h the inclusion of a clause which
fer of the lease would be
oval of the Board of County
ied unanimously.
RESOLUTION NO. 139-1984
See Res. Book No. 37 which!is incorporated herein by
reference. i
Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey to postpone consideration of,a reso-
lution and Agreement with the Marathon Flying Club for two
(2) weeks. Motion carriedpunanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Hrarvey -to postpone resolution;,and
Lease with Hyatt Group Restaurants and Clubs, Inc., for land
adjacent to the Key West International Airport until the
next Key West meeting. MoLtion carried unanimously.
Motion was made b
by Commissioner Harvey to
authorizing the Chairman o
Commissioners to execute a
Board of County Commission
Inc., covering Boating Imp
Creek, Gulfside, Plantatio
mously.
Chairman Sorensen and seconded
dopt the following resoluti.,'on =
the Board of County
Agreement by and between t!he
rs and Frank Keevan and Son,
ovement Fund Project at Tavernier
Key. Motion carried unani-
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RESOLUTION NO. 140-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Motion was made by Chairman Sorensen and seconded
by Commissioner Fahrer to adopt the following resolution
concerning receipt of unanticipated funds. Motion carried
unanimously.
RESOLUTION NO. 141-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to adopt the following resolution
transferring funds. Roll call vote was taken and carried
unanimously.
RESOLUTION NO. 142-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Fahrer to authorize the Legal
Department to advertise a public hearing on the Fire
Marshall Ordinance. During discussion Mr. Feiner, Mayor of
Key Colony Beach, addressed the Board concerning the issue.
Motion was made by Chairman Sorensen and seconded by
Commissioner Hernandez to strike Section 6-5-6 and to limit
the responsibilities of the proposed Fire Marshall to
buildings above two (2) stories. During discussion motion
was made -by Commissioner Hernandez and seconded by
Commissioner Fahrer to postpone this item for two (2) weeks.
Motion carried unanimously.
UNFINISHED BUSINESS
Mr. Henry Rosenthal of the Islamorada Chamber of
Commerce addressed the'Bo'ard and requested the County
Commission to take the position in opposition to the removal
of Whale Harbor Bridge. Motion was made by Commissioner
Hernandez and seconded by Chairman Sorensen to table con-
sideration of application from the Florida Department of
Transportation concerning the Whale Harbor Bridge. Motion'
carried unanimously.
LEGAL DEPARTMENT
Motion was made by Commissioner Hernandez and
seconded by Chairman Sorensen authorizing the County
Attorney to hire Andrew Tobin, attorney, as a part-time
employee when necessary. Motion.carried unanimously.
The County Attorney discussed the Swindler Case in
view of the recent disqualification of the Monroe County
Public Defender's Office. He advised the Board that this
would result in tremendous additional expense to the County
for court -appointed defense counsel. Motion was made by
Commissioner Hernandez and seconded by Commissioner Harvey
to adopt the following resolution concerning the cost of
this defense. Motion carried unanimously.
RESOLUTION NO. 143-1984
See Res. Book No. 37 which is incorporated herein by
reference.
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REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Motion was made bylCommissioner Fahrer and seconded
by Commissioner Harvey to approve payment of the following
Fine and Forfeiture expenditures:
FINE & FORFEITURE FUNDS
COMPETENCY & PSY. EVALUATIONS, Dr. Richard Hellman,
Ph.D., in the amount of 500.00; Mental Health Care Center
of the Lower Keys, in the amount of $450.00; Dr. John P.
Mihlovich, Ph.D., in the ampount of $325.00.
COURT -APPOINTED ATp,TORNEYS, E. Baxter Lemmond,;Esq.,
in the amount of 75.00; Henry L. Morgenstern, in the'!
amount of $1,782.50; Mark Kelly, in the amount of $805.,39.
COURT REPORTER SERIVICES, Associated Court
Reporters, in the amount of$159.00; Certified Reporting
Service, Inc., in the amount of $1,152.50; Kathy Fegers, in
the amount of $3,233.80; Laws Reporting, Inc., in the amount
of $139.65; Brenda Farrell, in the amount of $1,041.20.'
COURT INTERPRETER,, Tana de Gamez, in the amount of
$50.00; Stephen E. Moore, irn the amount of $55.00.
REGULAR WITNESS FEES, Witness Payroll,
amount of 100.00; Witness�Travel, in the amount
SWINDLER CASE, DrO Lloyd Miller, in the
$500.00; Jos. S. Schartz &Assoc., in the amount
Coconut Grove Bank, in thellamount of $84.17.
OTHER EXPENSES, Louis Spallone, Clerk,
Court, in the amount of $300.00.
Motion carried unanimously
Commissioner Hary
meeting of February 24, 19
suspend the rules. She ad
intrepretation that Robert
thirds vote as opposed to
pose of suspending the rul
Attorney as to the appropr
The County Attorney, as pa
view the action of the Boa
Commissioner Fahrer and se
approve the Minutes of the
Roll call vote was taken w
Commissioner Fahr
Commissioner Hary
Commissioner Hern
Mayor Sorensen
Motion carried.
in the i
of $7:45.
amount of
of $47, . 20;
District
I
!y discussed the Minutes of the
34 and the vote which was taken to
,ised the Board that it was her
s Rules of Order required a;two-
i three -fifths vote for the pur-
!s. She questioned the County
lateness of the Board's action.
•limentarian, replied that in his
•d was proper. Motion was made by
:onded by Chairman Sorensen to
Meeting of February 24, 1984.
th the following results:
!r Yes
!y No
indez Not present
Yes
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Motion was made bGy Chairman Sorensen and seconded
by Commissioner Fahrer to approve the bill of Holland and
Knight in the amount of $1'149.98, legal fees, Palms of
-Islamorada Suit. 11
Motion was made Wy Chairman Sorensen and seconded
by Commissioner Fahrer to approve payment to the firm of
Albury, Morgan and Hendric?k, P.A. in the amount of $6,36.0.08
o �
R♦ CA �
for representation of Fahrer, Johnson and Storman in the
case of Hood, et al. vs. Monroe County and other legal
expenses. Motion carried unanimously.
Mr. Lewin advised the Board that Mr. Porter,
the Leasor of space currently being utilized as Commissioner
Fahrer 's Office, had advised the Board of an increase in rent
from $300.00 to $500.00 per month for the first six (6)
months of the year, increasing to $570.00 for the second six
(6) months. During discussion, motion was -made by Chairman
Sorensen to table this item. Motion died for lack of a
second. Motion was made by Commissioner Fahrer to approve
the requested increase and rent for her office space as
outlined. At this point, Mayor Sorensen left the room and
the Board adjourned for lack of a quorum as Commissioner
Hernandez was not present during the discussion. Motion was
made by Commissioner Fahrer and seconded by Commissioner
Hernandez to postpone this item for two (2) weeks. Motion
carried unanimously.
The County Administrator briefly discussed a pro-
posal from the new DePoo Hospital to be designated as a pre-
ferred provider of services for County employees. Motion
was made by Chairman Sorensen and seconded by Commissioner
Fahrer to table this item. Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Harvey to approve legal expenses as
follows for the defense of Mayor Sorensen in the case of
Kawama vs. Monroe County:
Mr. James T. Lynch - $5,803.10
Mr. James Hendrick, co -counsel - $412.50.
Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded
by Commissioner Hernandez to approve the admission to A. G.
Holley Tubercular Hospital for John Mayne. Motion carried
unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Fahrer to approve payment to Group
Seven (Robert Bensko) in the amount of $5,607.82 for ser-
vices in securing the grant for Higgs Beach Park. Motion -
carried unanimously.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to adopt the following resolution
authorizing an amendment to the Lease 'between Monroe County
and the U. S. Army at the Key West International Airport.
Motion carried unanimously.
RESOLUTION NO. 144-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Motion
by Commissioner
No. 1 to Frank
$25,374.00 for
unanimously.
Motion
by Commissioner
No. 6 to Upper
$29,930.00 for
unanimously.
was made by Chairman Sorensen and seconded
Hernandez to authorize Payment Application
Keevan & Son, Inc., in the amount of
Big Coppitt Drainage Project. Motion carried
was made by Commissioner Harvey and seconded
Hernandez to authorize Payment Application
Keys Marine Construction in the amount of
Yellowtail Bridge Project. Motion carried
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The County Adminis
several projects being acco
be invalid permits in accor
19 1984. During discussion
Tittle, who represented som
approached the speaker's po
Board. The Mayor advised t
insufficient information to
Motion was made by Commissi
Tittle to address the Board
in which he was representin
_lack of a second. Motion w
and seconded by Commissione
for two (2) weeks and to re
vidual case together with a
Commissioner and also requi
warded to all the affected
consideration of this matte,
Motion was made b
by Commiss-ioner Harvey to
tion time for the County A
nimously.
Motion was made by
by Commissioner Hernandez t
Baptist Church of Islamorad
Motion carried unanimously.
Motion was made b
by Commissioner Harvey to
$200.00 to Robert and Geor
Overholser due to cancella
change of zoning applicati
Mr. Skelly, Airpo
Projects. He advised the
effected the total project
was made by Chairman Soren
Fahrer authorizing the rea
for the purpose of .providi
to the cost overruns. Mot
advised the Board that the
mately $19,000.00 on the M
would be forthcoming from
necessary documents. Moti
and seconded by Commission
advancing of $19,000.00 fo
contractor, General Asphal
are received from the FAA.
Motion was made b
by Commissioner Hernandez
for boat basin on property
Range 28 East, section 2,
and Sunset Boulevard, Summ
zoned RU-1. During discus
Sorensen and seconded by C
this item for two (2) week
Motion was made by
by Commissioner Hernandez t
No. 24 to Post, Buckley, Se
amount of $6,720.23 for sere
of February, 1984 for the M
Motion carried unanimously.,
I
s
rator, Mr. Lewin, discussed,
plished under what he deemed to
ance with his letter dated May
of these projects, Mr. Fred-1
of the owners of the property,
ium and attempted to address the
at in his opinion the Board1had
adequately discuss the problem.
ner Hernandez to allow Mr.
concerning the three (3) cases
the owners. ._Motion died for
s made by Commissioner Harvey
Fahrer to postpone this item
uire a full report on each lindi-
aomplete file to every
ing official notices to be for-
roperty owners concerning the
. Motion carried unanimously.
Chairman Sorensen and seconIded
prove May loth and 11th as vaca-
inistrator. Motion carried, una-
Commissioner Fahrer and secionded
o waive the fee for the Firsit
a in the amount of $42.00.
Commissioner Fahrer and seconded
uthorize refund in the amounit of
ianna Luikart and Lynn and Bonnie
ion of dimensional variance and
ns. Motion carried unanimously.
t Director, discussed the AD AP-06
O;oard of the overruns which head
costs in the 06 program. Motion
en and seconded by Commissioner
Ivertisement of the Airport Budget
g the local match necessary 'due
�on carried unanimously. He also
e was a cost overrun of approxi-
.rathon 03 issue and that same
"he FAA upon the approval of the
In was made by Commissioner Harvey
jr Fa-hrer authorizing the
the purpose of paying off the
Co., until such time as the funds
Motion carried unanimously.
Chairman Sorensen and seconded
o approve a permit app 1 i cat ilon o F
located at Township 67 South,
lock RE 20057, Lot 8, Ocean Drive
rland Estates, Summerland Key,
ion, motion was made by Chairman
mmissioner Fahrer to postpone
Motion carried unanimously.
I
Chairman Sorensen and seconded
o authorize payment of Invoice
huh and Jernigan, Inc., in t'he
vices rendered during the month
unicipal Service District.
U • -1- Z a
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Motion was made by Commissioner Harvey and seconded
by Commissioner Hernandez to authorize execution of Contract
between the Florida -Department of Natural Resources and
Monroe County for Grant to improve Higgs Beach. Motion
carried unanimously.
Motion was made by Chairman Sorens-en and seconded
by Commissioner Hernandez to postpone consideration of an
item concerning Summer Recreation Program for two (2) weeks.
Motion carried unanimously.
Commissioner Hernandez discussed request for a
bicycle path for Sugarloaf Elementary School. Motion was
made by Commissioner Hernandez and seconded by Chairman
Sorensen to postpone this item for two (2) weeks. Motion
carried unanimously.
Commissioner Harvey discussed the need for a survey
on Higgs Beach. During discussion, Commissioner Harvey was
advised by Mr. Harris of -Post, Buckley, Schuh and Jernigan,
Inc., that his firm was already in the process of providing
a survey which was necessitated by the already approved pro-
ject of the possible relocation of AlA. No further action
was taken.
Commissioner Harvey discussed the Jail Project and
the fact that a contract had been negotiated with Monroe
Construction Company and that several of the items had been
restored to the project at the insistence of the Department
of Corrections for a total of $59,025.00. Motion was made
by Commissioner Harvey and seconded by Commissioner Fahrer
authorizing the Co.ntract by and between Monroe County and
Monroe Construction Company in the amount of $1,459,025.00
and authorizing the Chairman to execute same. Motion
carried unanimously with -Mayor Sorensen not present.
Motion was made by Commissioner
Harvey
and
seconded
by Commissioner Fahrer
to approve the following
appointments
to the Older Americans
Advisory Council:
Name of Member
Representing >EXg.i.r.a'`tion- of Term
Melvin Levitt
Lower Keys
Jan.
1,
1987
Chester Conner
Lower Keys
Jan.
19
1985
Ken Glace
Lower Keys
Jan.
1,
1986
Dr. Michael Mount
Middle Keys
Jan.
19
1987
Vera Burrell
Middle Keys
Jan.
15
1985
Eloise Stash
Upper Keys
Jan.
1,
1986
Ruth Richardson
Upper Keys
Jan.
1,
1985
Leslie Prime
Upper Keys
Jan.
1,
1986
Louis Schwartz
Middle Keys
Jan.
19
1987
Henry Schueler
Big Pine AARP.
Jan.
1,
1985
Chas. Mohrbacher
Upper Keys AARP
Jan.
15
1985
Virginia Gedmin
Key West AARP
Jan.
1,
1985
Jack Spiegel
Middle Keys AARP
Jan.
19
1985
Ken Sorensen
Ex Officio
Motion carried unanimously.
BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeals. Present were Commissioners Fahrer, Harvey, and
Hernandez, and Mayor Sorensen. Also present were Danny L.
Kolhage, Clerk; Lucien Proby, County Attorney; Kermit Lewin,
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1
County Administrator; Dr.
Planning; members of the P
public. Proofs of publica
The first appeal
Marketing Company who requ
Commissioners reverse the
Zoning Board in denying th
existing BU-2 on a part of
recorded in Plat Book 51 p
Township 62 South, Range 3
a continuation from March
Attorney representing Mr.
Marketing Company, address
appeal. During discussion
requested that Mayor Soren
sideration of this appeal
partner appeared as an ob j
Zoning Board. At this poi
and left the room. Mayor
meeting. Motion was made
seconded by Mayor pro tem
reverse the decision of th
was taken with the followi
Commissioner Hary
Commissioner Hern
Mayor pro tem Fah
Motion carried. Motion wa
seconded by Commissioner F
lution reversing the decis
prejudice and approving th
Marketing Company to rever
Board of Monroe County, de
to BU-2 with a BU-2A. Mot
effrey Doyle, Director of
ess and Radio; and the general
ion were entered into the record.
eard was that of Sun Refining and
sted that the Board of County
ecision of the Monroe County
request of a BU-2A with an,
tract E of Port Largo, as
ge 3, and located in Section 33,
East, Plantation Key. This was
3, 1984. Mr. Michael Halpern,
ale Siler of Sun Refining and
d the Board concerning their,
Mr. Halpern respectfully
en recuse himself from con-,
n the basis that his business
ctor before the Monroe County
t, Mayor Sorensen recused himself
ro tem Fahrer chaired the
y Commissioner Harvey and
ahrer to grant the appeal and
Zoning Board. Roll call vote
g results:
y Yes
ndez No
er Yes
made by Commissioner Harvey and
hrer to adopt the following'reso-
on of the Zoning Board without
request of Sun- Refining and
e the decision of the Zoning
ying a change of zoning from BU-2
on carried unanimously..
RESOLUTION NO. 145-1984
See Res. Book No. 37 which is incorporated herein by
reference.
Next appeal was t
Ray, Craig and Brian Lindb
County Commissioners to re
Monroe County Board of Adj
for a variance of 90 feet,
the front property line fo
on a parcel of land being
Parker Homestead, as locat
and 3, Section 6, Township
Matecumbe Key. Mr. Carl L
Resort addressed the Board
Mr. Schroeder, Biologist,
appeal. Motion was made b
seconded by Commissioner F
reverse the decision of th
Motion carried unanimously)
Commissioner Hernandez and
Fahrer to adopt the follow
decision of the Board of A�
and approving the request
Craig and Brian Lindback t.
Board of Adjustment denyin�
Motion carried unanimousl_v
Pat
of-Carl, Marlene, Carl,
ck, requesting the Board of
terse the decision of the
ustment, in denying a request
!to build up to 10 feet from
r a sewage treatment plant,
'a portion of the William H.
led in Government Lots 1, 2
�64, Range 37 East, Upper
indback of La Siesta
and discussed this appeal.
also discussed Mr. Lindback's
y Commissioner Hernandez and'
ahrer to grant the appeal and
e Board of Adjustment.
Motion was made by
seconded by Commissioner
ing resolution reversing them
djustment without prejudice
of Carl,- Marlene, Carl, Ray,;
o reverse the decision of the
g a dimensional variance.
P
RESOLUTION, NO. 146-1984
See Res. Book No. 37 which; is incorporated herein by
reference. i
PUBLIC HEARINGS
A public hearing was held on a proposed ordi-
nance repealing Ordinance No. 027-1983 and amending
Section 6-234(e), Monroe County Code, to provide for
appeal of Zoning Board decision on preliminary and
final development plan to Board of County
Commissioners. Proof of publication was entered into
the records. On the call of public input Ms. Arlene
Reiser addressed the Board and questioned the ordi-
nance. Motion was made by Commissioner Hernandez and
seconded by Commissioner Fahrer to continue the public
hearing for two (2) weeks. Motion carried unanimously.
A public hearing was held on a proposed ordi-
nance repealing Ordinance No. 028-1983 and amending
Section 19-234(d) and (f), Monroe County Code, to pro-
vide for appeal of Zoning Board decision on preliminary
and final PUD project plat to Board of County
Commissioners. Proof of publication was entered into
the records. Upon the call for public input, no one
from the public responded either for or against the
proposed ordinance. Motion was made by Commissioner
Hernandez and seconded by Commissioner Harvey to con-
tinue for two (2) weeks. Motion carried unanimously.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Mr. Bud Post addressed the Board concerning
the Flood Hazard Ordinance and the Federal regulations.
He discussed the method of seeking formally for a com-
munity exception to the rules. Mr. Fran Lyle also
addressed the Board concerning this matter. Motion was
made by Commissioner Hernandez and seconded by
Commissioner Harvey to authorize travel for all Board
Members to Washington,-D.C. for the purpose of meeting
with the Congressional Delegation concerning the
Federal Flood Hazard Regulations and also any and all
necessary staff. Motion -carried unanimously. Motion
was made by Commissioner Fahrer recommending that each
Commissioner pay their own way for the travel to
Washington, D.C. Motion died for lack of a second.
Commissioner Fahrer discussed a possible Board
Workshop concerning the agenda procedures. It was
recommended that Commissioner Fahrer put her recommen-
dations in writing and refer them to the Board. No
further action was taken.
Commissioner Fahrer discussed the method of
expediting the execution of contracts. This matter was
referred to the County Administrator for his recommen-
dation.
The Board discussed the vacation schedule for
the summer. Motion was made by Chairman Sorensen and
seconded by Commissioner Fahrer to cancel the meetings
of August 10, and August 24, 1984 for the purpose of the
Board's vacations. Motion carried unanimously.
Motion was made by Chairman Sorensen and
seconded by Commissioner Hernandez to approve the
following Proclamation declaring the week of May 15,
1984 as National Police Week. Motion carried unani-
mously.
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AWARDIING OF BIDS
Mr. Bob Harris of
Jernigan, Inc., recommende
earlier for the drainage i
Roads (MM28 to MM32) on Bi
Brewer Company in the amou
was made by Commissioner H
Commissioner. Fahrer to acc
consultants and award the
the amount of $185,559.59
execute the necessary cont
carried unanimously.
Mr. Harris also m
cerning the bid opened ear
ments to 5th Street and 6t
Cypress Street on Racoon K
Toppino and Sons, Inc., in
Motion was made by Commiss
by Commissioner Harvey to
the consultants and award
and Sons, Inc., in the amo
the Chairman to execute th
Motion carried unanimously
REPORTS & RECOMMENDAT:
The Board discuss
19'82-83 which had been for
Clerk. Motion was made by
seconded by Commissioner F
from the Clerk of the audi
of the Board of County Com
1982-83. Motion carried u
Motion was made b
seconded by Commissioner H
for authority to construct
power TV, TV translator or
Matecumbe. Motion carried
The Clerk -advised
possession of the authorit
State, Division of Archive
tapes of the meetings of t
Commissioners covering the
to December 15, 1981. He
he had received a request
allowed to purchase those
for destruction. Motion w
Hernandez and seconded by
pone consideration of this
Motion carried unanimously
Mr.. Fred Phillips
cerning attendance at a Se
ment legislation. Motion
Hernandez and seconded by
authorize the sum not exce
Board's Advertising Funds
for Mr. Fred Phillips to W
Monroe County at scheduled
enforcement legislation.
The Board then ag
cerning the tape recording
meetings scheduled for des
Commissioner Hernandez and
Post, Buckley, Schuh and
the award of the bid opened
provements to Big Pine'Key
Pine Key be awarded to The
t of $185,559.59. Motion
rvey and seconded by
pt the recommendation of the
id to The Brewer Company in
nd authorize the Chairman to
l
act documents. Motion
de his recommendation con-
ier for the roadway improve
Avenue on Stock Island;
y be awarded to Charley
the amount of $83,466.19.
oner Hernandez and seconded
ccept the recommendation of
he bid to Charley Toppino
nt of $83,466.19 and author
necessary contract documen-
ONS FROM CLERK TO THE BOARD,
d the audits for fiscal year
ally sent to them by the
Commissioner Hernandez and
hrer to acknowledge receipt
of the financial operations
issioners for fiscal year
animously.
Commissioner Fahrer and
rvey to approve app 1 i ca-ti on
or make changes in a_ low
FM translator station in
unanimously.
the Board that he was in
from the Department of
to destroy sound recording
e Board of County
period from August 23, 1977:
lso.advised the Board that
rom Mayor Sorensen to be
apes which were scheduled
s made by Commissioner
ommissioner Fahrer to post -,I
item for two (2) weeks.
ze
S.
addressed the Board con -
ate Committee on drug enforce -
as made by -Commissioner
ayor Sorensen to
ding $450.00 to be paid from
or the purpose of travel
st Palm Beach to represent
committee meetings on drug
otion carried unanimously.
in discussed the item con -
of County Commission
ruction. Motion was made by
seconded by Mayor Sorensen
0
AA - 90
to authorize the sale of those tapes which had been
scheduled and authorized to be destroyed to Chairman
Sorensen for the sum of $150.00. Motion carried unani-
mously.
There being.no further business the meeting
was adjourned.
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