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06/29/1984 Regular
AA 1L36 Regular Meeting Board of County Commission Friday, Friday, June 29, 1984 10:00 A.M., Marathon A regular meeting Lf the Board f 9 9 o County Commissioners convened on the above date. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner Wilhelmina Harvey, Commissioner_ Jerry Hernandez, Commissioner Ed Swift, and Mayor Ken Sorensen. Also present were Danny L. Kolhage, Clerk; Lucien Probyi, County Attorney; Kermit Lewin, County Administrator; members of the County s Consulting engineers Firm; members of the Press and Radio; and the ge"eral public. All -stood for the Invocation and Pledge of Allegiance to the Flag. Mayor Sorensen recognized former County Commissioner Curtis Blair T was in the audience. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez -to approve the following items by unanimous consent: I LEGA U DEPARTMENT Board authorized advertisement for a Public Hearing on a proposed Ordinance of the County of Monroe, Florida, pro- viding that the Code of Ordinances of the County of Monroe be amended by revising Sections 6-33, 6-37, 6-57 and 6-59, and be amended by adding a new Subsection under Section,16-59 to be lettered (g) under Chapter 6 of said Code entitled "Buildings and Construction;" providing for severability; providing for repealing of all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of said conflict; providing forep inclusion in the Monroe County Code of Ordinances; and pro�liding for an effective date: Board approved and authorize Amendment No. 1 to Grant Agi 6-12-0037-06 at Key West In! Board approved and authoriz Amendment No. 2 to Grant Ag 6-12-0044-03 at Marathon F1 Board adopted the following No. 152-1984 adopted by the Monroe County, Florida, on holding a public hearing at 1984, concerning a drainage Haven, Florida. d the Chairman to execute eement for Project No. ernational Airport. id the Chairman to execute ieement for Project No. �ght Strip. (Resolution rescinding Resolution Board of County Commissioners of lay 18, 1984, for the purpose.. of 10:00 a.m. on Friday, June 1, easement on Driftwood Drive; Key RESOLUTION' NO. 175-1984 See Res. Book No. 38 which ids is herein by reference. Board adopted the following Resolution authorizing the setting of a date for a publ,�ic hearing to consider the aban- donment of a drainage easement located in Key Haven, Florida. RESOLUTIONINO. 176-1984 See Res. Book No. 38 which is incorporated herein by reference. 1 1 I AA . 37 1 F Board adopted the followin Chairman of the Board of C County, Florida, to execut The School Board of Monroe for the purpose of leasing the premises known as Doug to be used to conduct the Resolution authorizing the my Commissioners of Monroe - a Lease Agreement by and between ounty, Florida, and Monroe,ICounty ooms 301, 302, 401 and 402 ,of ss School Facility, said rooms nior Citizen Nutrition Program. RESOLUTION NO. 177-1984 See Res. Book No. 38 which his incorporated herein by reference. n Board adopted the following Resolution authorizing. they' Chairman of the Board of County Commissioners of Monroe County, Florida, to execute a Notice of Lease Expiration Options for Lease Agreement, by and between the Board of, County Commissioners of Monroe County, Florida, and IBMifor IBM Copier II located in the County Attorney's office. RESOLUTION NO. 178-1984 See Res. Book No. 38 which is incorporated herein by reference.- Board adopted the following resolution incorporating a l' Biological Assessment into the records concerning the appli- cation of -George Kramer to construct 80 lineal feet of 1 riprap revetment along a residential shoreline for the pur- pose of erosion protection at the project site located on the western side of Cudjoe Bay, in a single-family residen- tial development referred to as Cudjoe Gardens. RESOLUTION NO. 179-1984 See Res. Book No. 38 which is incorporated herein by reference. I Board adopted the following Resolution concerning receipt of unanticipated funds. ti RESOLUTION NO. 180-1984 See Res. Book No. 38 which s incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 181-1984 See Res. Book No. 38 which i s incorporated herein by e referenc. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Board approved payment of the following Fine and Forfeiture Expenditures: FINE & FORFEITURE FUNDS I COMPETENCY & PSY. EVALUATIONS, Keith R. D'Amato, Ph.D., in the amount of 150.00; Richard Hellman, Ph.D. in the amount of $125.00. COURT -APPOINTED ATTORNEYS, Raymond 0. Bodiford, in the amount of 375.00; E. Baxter Lemmond, in the amount of $665.00; John P. Rotolo, in�the amount of $647.78. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of 432.75; Certified Reporting Service, Inc., in the amount of $521.30; Kathleen A. Fegers, in the amount of $38.00; Florida Keys Reporting, in the amount of $65.60; Island Reporting Service, Inc., in the amount of $50.40. AA 138 OTHER EXPENSES, Louis Spallone, Clerk, District Court, in the amount of $100.00. WITNESS PAYROLL, Regular Witness Fees,.in the amount of 00.00 and 40.00; Travel Witness Fees in the amount of $2.40 and $4,818.30. EXPERT WITNESS FEES, John H. Kenhart, in the amount of $528.00. SWINDLER CASE, Joseph S. Schwartz & Assoc., Inc., in the amount of $393.80. COURT INTERPRETERS, Rico R. Duval, in the amount of $125.00; Humberto R. Jimenez, in the amount of $100.00; and Stephen E. Moore, in the amount of $90.00. Board approved the following Monroe County Advertising Commission expenditures: MONROE COUNTY ADVERTISING COMMISSION Keys Advertising.& Marketing Conch Day Expenses $ 3,399.18 Stuart Newman Associates, Inv. #751, Fee for June $ 3,250.00 Stuart Newman Associates, Inv. #717, Consumer & Trade Magazine Media $ 1,210.00 Stuart Newman Associates, Inv. #714, Production Invoice $ 267.47 Stuart Newman Associates, Inv. #712, Production $12,404.43 Stuart Newman Associates, Inv. #707, Fee and Expenses for May $ 3,323.87 Stuart Newman Associates, Inv. #683, Media Invoice $ 8,444.04 Board approved the following Monroe County Tourist Development Council expenditures: MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Stuart Newman Associates $ 4,652.10 Stuart Newman Associates $ 4,175.00 Stuart Newman Associates $ 2,242.62 Stuart Newman Associates $ 1,099.50 Stuart Newman Associates $ 3,170.07 Stuart Newman Associates $ 1,200.00 Stuart Newman Associates $ 1,099.50 Stuart Newman Associates $ 941.20 Stuart Newman Associates $ 5,138.90 Stuart Newman Associates $ 29770.00 Stuart Newman Associates $ 2,090.00 Stuart Newman Associates $10,420.61 1 1 AA 1.39 1 1 Tennessee Williams Fine Arts Center Key West Citizen Key West Fishing Tournament Greater Key West Chamber of Commerce Duncan Ford Lincoln Mercury U. S. Postmaster Greater Key West Chamber of Commerce Keys Advertising &Marketing Stuart Newman Associates Stuart Newman Associates Travel Board approved the following Warrants: W A R R A N T S GENERAL REVENUE FUND, #21810-#226-7SJ, of $2,239,836.45. II $ 5,729.32 $ 16.74 $ 1,070.23 $ 15112'5.0 0 $ 257.15 $ 8917.55 $ 2,848.72 $ 1,820.18 $ 1,20b.00 $ 419.47 in the amount GENERAL REVENUE FUND - BOULEVARD BANK, #132, in the amount of 250,000.00. R S-UPPLEMENT TO THE bENERAL REVENUE FUND, #153-#1579 in the amount of 58,236.41 FINE & FORFEITURE $596,972.54. ROAD & BRIDGE FUND $242,278.43. ROAD & BRIDGE FUND #02, in the amount of $1 0 1 i UND, #353-#359, in the amount of #292-#297, in the amount of (SPECIAL PROJECT MARINE BANK), )0. MONROE COUNTY GROUP INSURANCE, FLORIDA KEYS FIRST STATE BANK, #14- 21, in thelamount of $74�8.70. MONROE COUNTY SELF;INSURED GROUP INSURANCE, #03, in the amount of 96.30. MSD, FLA. FIRST NATIONAL BANK KEY WEST, #1994205, in the amount of 678,395.05. MSD; MARINE BANK, t5104521, in the amount of $191169730.84. MSD, PLEDGED FUNDSIACCOUNT, #20-#22, in the amount Of $1,304,518.65. AIRPORT OPERATION & MAINTENANCE FUND, #225-#230, in the amount of 45, 95.78. G 1981 IMPROVEMENT BONDS/INTEREST & SINKING, #22-#23, in the amount of 166,348.73. 1981 IMPROVEMENT BONDS/RESERVE ACCOUNT, #09, in the amount of 30,000.00. 1 1981 IMPROVEMENT BONDS/CAPITAL PROJECT FUND, #56-#57, in the amount of 14,000.00. LAW LIBRARY FUND, #1204122, in the amount of $639.45. f CARD SOUND BRIDGE REVENUE FUND, #38-#43, in the $ amount of 125,260.38. I A_ 140 WORKMENS COMPENSATION, #987-#1041, in the amount of $97,833.42. TDC, FLORIDA KEYS FIRST STATE BANK KEY WEST, 41104114, in the amount of 36,8 0 5353. TRANSLATOR FUND, #39-#43, in the amount of $31,532.67. CROSS KEY WATERWAY ESTATES, #05, in the amount of $22,659.96. Board approved the Minutes of the Regular Meetings held on May 4th, May 18th and June 1st; and the Minutes of the Special Meetings held on April 17th, April 30th, May 23rd, June llth and June 12th. Board gave authorization for the advertisement for a Supplemental Tourist Development Trust Fund Bundget Hearing to be held on July 13, 1984. Board acknowledged receipt of a State warrant in the amount of $2,500.06 from the Office of the Public Defender for reimbursement of monies expended in conflict cases. Board authorized payment of invoice to Eden Hannon & Company in the amount of $286,890.00 pursuant to Lease Agreement Number 01218-3. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Board approved final payment to Frank Keevan & Son, Inc. in in the amount of $5,319.00 for drainage improvements on Big Coppitt Key. Board approved payment to Risk'Control Associates, Inc. in the amount of $910.00 for consultation services rendered. Board approved admission of Edward T. Foster to Bayshore Manor, effective June 1, 1984. Board approved Contracts between the Area Agency on Aging of Dade and Monroe Counties and the Monroe County Board of Commissioners pertaining to the Community Care for the Elderly 1984-85 Grant Application. Board authorized refund of money paid for a building permit fee to James & Luvenia Newton, in the amount of $30.00, since the requested tie -down letter was not necessary for insurance.purposes. Board approved a permit application from C. Allen Applegate for riprap boulders along his shoreline at Lot 17, Stirrup Key Subdivision. Board approved a permit application from Araldo Sanchez for riprap boulders and dock along his property line at Lot-53, U.S.1 Outdoor Resorts, Long Key. Board approved Payment No. 1 to Community Asphalt Corp. in the amount of $69,739.83 for roadway improvements in the Key Largo Roads I project. Board approved payment to BR&R Associates, Inc. in the amount of $18,000.00 for services rendered in connection with the Upper Keys Airport Site Selection Study. 1 1 AA 1 1 Board approved the followin"g monthly Group Insurance Rates for the Fiscal Year 1984-19185: Employee - $73.93; Dependents - $74.35. L Board approved payment to Lopez Funeral Home for two Pauper Burials - Daniel Holt Tinsl°y in the amount of $445.00 land "John Doe" in the amount of.$445.00. Board approved the request �of Patrick G._and Terri Lynn Labrada for a variance to the AICUZ zone, Zone 2-A, 65-70db, on Lot 15, Block 9 of Porpoise Point Section 6, as located in Section 22, Township 67 South, Range 26 East. Big Coppitt Key. Present zoning is RU-4. Board approved payment of I°voice No. 402-976 to Post, Buckley, Schuh & Jernigan, VIInc., in the amount of $51,296.30, for work performed during the month of May, 1984. Motion carried unanimously With Commissioners Swift and Hernandez not present for t;he roll call. UNFINISHED BUSINESS Mr. Arthur Mannes having with the number of u Park. Motion was made by C seconded by Commissioner Sw seventeen trailers in the-M Island; said trailers to be months and all required per be obtained. Roll call vot results: Commissioner Commissioner Commissioner Commissioner Mayor Sorense Motion carried. P U B L A public hearing w establishing a one percent permitted by Section 212.05 of publication was entered made by Commissioner Fahrer Harvey to read by title onl Mr. Howard Cole addressed t 1/2% sales tax instead of t Bob Ernst of the Middle Key a lesser percentage of sale Commissioner Swift and seco amend the Ordinance to prov be collected for the first carried unanimously. Mr. F Board concerning the Ordina Sorensen and seconded by Co amended the following Ordin additional sales tax as is the Florida Statutes; provi in addition to any tax impo 212 or by Florida Statutes referendum to be held in Mo iscussed the problem that he is its being allowed in his Trailer mmissioner Hernandez and ft authorizing the placement of nnes Trailer Park on Stock placed on the property in six its (both State and Federal) to was taken with the following ahrer No arvey Yes ernandez Yes wift Yes No _ C HEARING s held on a proposed Ordinance 1%) additional sales tax aslis of the Florida Statutes. Proof nto the records. Motion was and seconded by Commissioner Motion carried unanimously. e Board and recommended only e full 1% being proposed. Mr. Citizens Association supported tax. Motion was made by ded by Commissioner Hernandiez to de that the 1% sales tax would ix months. of 1985 only. Motion ed Tittle then addressed the ce. Motion was made by Mayor missioner Fahrer to adopt as nce establishing a one percent (1 ermitted by Section 212.058,o-f ing that said sales tax shall be ed by Florida Statutes Chapter hapter 125.0104; providing for a roe County concurrent with the AA General Election on November 6, 1984 for the electors appro- val or disapproval of said one percent (1%) additional sales tax; limiting the tax to a period of six (6) months from January 1, 1985 through June 30, 1985; p_rovidin.g that the monies collected from said tax, if approved by the elec- torate, shall be used for financing criminal justice facilities; providing that said tax shall be distributed in accordance with Section 212.058; providing for the listing prior to January 1, 1985 of those properties to be effected under the provisions of Florida Statutes Chapter 212.058; providing for severability; providing for the repeal of all ordinances or parts of ordinances in conflict with this ordinance; providing for inclusion in the Code of Ordinances of Monroe County; and providing for an effective date. Roll call vote was unanimous. ORDINANCE NO. 019-1984 See Ord. Book No.7 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Mr. Lewin addressed the Board concerning the report of the committee appointed to review applicants for the positions of Director and Assistant Director of the Building Department. He advised the Board that the recommendations of the committee were as follows: Director Mr. Dale Arner at a salary of $39,000.00 per year Assistant Director Mr. Jerry Aspinwall at a salary of $36,000.00 per year Mr. Bill.Smith of the Contractors Association addressed the Board and thanked them for being permitted to have input into this selection process. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to employ Mr. Dale Arner_as Director of the Building Department at a salary of $39,000.00 per year, and Mr. Jerry Aspinwall as Assistant Director of the Building Department at a salary of $36,000.00 per year, the effective date of their employment being as soon as possible. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve execution of a Contract for the purchase of a portion of the Terrestris Green House property on Big Pine Key. Motion carried unanimously. Motion was then made by Commissioner Swift and seconded by Commissioner Fahrer-to allocate the remainder of the alloca- tion for the purchase of property on Big Pine Key, being the sum of $5,000.00, for the employment of an MAI Appraiser to appraise additional .land in the area for the possible purchase by the Board. Motion carried unanimously. Mrs. Grace Manello addressed the Board and thanked the Commission, Mr. Lewin and Mr. Proby for their assistance. AWARDING OF BIDS Motion was made by Commissioner Fahrer and seconded by Commissioner Hernandez to accept the recommendation of staff and award the bid for Airport Improvement Project (AIP) 3-12-0037-01, CFR Building at Key West International Airport to Frank Keevan & Sons, Inc., in -the amount of $104D887.00, subject to FAA concurrence. Oloti©N e4rw;ej unani you 51 1 AA 143 1 L7 Motion was made bylCommissioner Hernandez and seconded by Commissioner Fahrer to accept the recommendation of staff and award the bid �or,Airport Improvement Project. (AIP) 3-12-0037-01, Phase Ii1 Entrance Road at Key West International Airport to Frank Keevan & Sons, Inc., in the amount of $178,017.60, subject to FAA concurrence. Motion carried unanimously. Motion was made by Commissioner-Fahrer and seconded by Commissioner Hernandez to accept the recommendation of staff and award the bid forPAirport Improvement Project (AIP) 3-12-0037-01, Medium Intensity.Runway Lights, etc:, at Key West International Airport to Frank Keevan & Sons, Inc., in the amount of $267,808.2� (Base Bid plus Alt. A & B) subject to FAA concurrence. Motion carried unanimously: Motion was made by Mayor Sorensen and seconded�by Commissioner Fahrer to reject all bids for Airport Improvement Project (AIP) 3112-0044-01, Medium Intensity Taxiway lights, etc., at Marathon Airport, in accordance with the recommendation of Mr. Art Skelly, the Airport Director. _Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The Board discussed lots on Big Pine Key. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to adopt the following Resolution requesting the requirements concerning Federal grants to be waived; requesting the grant writer to facilitate said waiver and processing of the County oflMonroe, Florida, request for additional grant funds on Big Pine Key, Florida, to purchase additional land for recreational purposes on Big Pine Key - and also authorizing the- Chairman to execute the same. :I Motion carried unanimously ith Commissioner Hernandez being absent from the room. I RESOLUTION NO. 182-1984 See Res. Book No. 38 which *s incorporated herein by reference. UNFINISHED BUSINESS Dr. Doyle briefly discussed the permit application for dredging and filling by Lloyd A. Good, Jr. No action was taken at this time and the item was deferred until later in the day. LEGAL (DEPARTMENT The County Attorney', advised the Board that he had solicited bids for Tax Anticyipation Notes in the amount,of $400,000.00 to be repaid in the Fiscal Year 1984-1985 for the purpose of providing local funding for the Jail Improvements. He advised the Board that he had received) one bid only, from Barnett Bank, in the amount of 7.25% interest per annum. He also advised the Board that should the Board choose to delay the execution of the Tax Anticipation Notes until some time in the future, that he had been advised by Mr. Koenig of the Barnett Bank that the Bank was willing 'to continue their .offer provided that the County would add 'to the interest rate the difference between the prime inter'es-t rate at the current time ver&sus the prime rate at the time that the Notes were actually issued. Motion was made by. Commissioner Swift and seconded by Commissioner Fahrer to accept the bid of Barnett Bank and award it Tax Anticipation Notes in the amount of $400,bOO.00 at the rate of 7.25% interest per annum immediately. During discussion, the AA I'.44 motion was withdrawn. Mr. Bob Dunn was present and addressed the Board concerning this proposal. Motion was then made by Commissioner Swift and seconded by Commissioner Fahrer to accept the bid of Barnett Bank and award it Tax Anticipation Notes in the amount of $400;000.00 at the rate of 7.25% interest per annum immediately. Roll call vote was unanimous with Mayor Sorensen and Commissioner Hernandez not present. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Amendment to Contract by and between the United Way of Dade County, Inc., Area Agency on Aging for Dade and Monroe Counties, and the Monroe County Board of Commissioners. Motion carried unanimously. RESOLUTION NO. 183-1984 See Res. Book No. 38 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to adopt the following Resolution authorizing the Sheriff of Monroe County, Florida, to install an-d operate remote auxiliary radio receivers on the television translator towers located on Key Largo and Grassy Key, Florida, contingent upon the approval of Mr. Henry Nauberite. Motion carried unanimously. RESOLUTION NO. 184-1984 See Res. Book No. 38 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift'to adopt the following Resolution requesting the Supervisor of Elections to conduct a Special Referendum Election on August 7, 1984, for the establishment of a Special Road and Bridge District comprised of all property adjacent to Gulf Drive, Big Coppitt Key, Monroe County, Florida. Motion carried unani- mously. RESOLUTION NO. 185-1984 See Res. Book No. 38 which is incorporated herein by refence. Motion was made by Mayor Sorensen and seconded by Commissioner Fahrer to adopt the following Resolution requesting Monroe County Representatives in the State Senate and House -to reconsider the repeal of Sections 336.15, 336.16, 336.17, 336,18, 336.19, 336.20, 336.21, 336.22, 336.23, 336.24, 336.25, 336.26, 336.27, 336.28, 336.299 336.30, 336.31, 336.32, 336.33, 336.34, 336.35, 336.369 336.37, 336.38, 336.39, 336.40 of the Florida Transportation Code concerning the abolition of the Special Road District portion of the Statutes. Motion carried unanimously. . RESOLUTION NO. 186-1984 See Res. Book No. 38 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to table until this afternoon the subject of the Pigeon Key Sublease to the Disney Group. Roll call vote was taken with the following results: 1 AA 145 1 1 Commissioner Fahrer Yes Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift Yes Mayor Sorensen No Motion carried. Motion was made by'j Mayor Sorensen and seconded by Commissioner Hernandez to 'dopt the following Resolutioln approving the Contract entitled Purchase of Professional Services between Monroe County and South Florida Employment and Training Consortium for' � July 1, 1984 through June 310, 1985. Motion carri-ed unanilmously. RESOLUTI04N .NO. 187-1984 See.Res. Book No. 38 which I is incorporated herein by reference. Motion was made byCommissioner Fahrer and seconded by Commissioner Swift to authorize the Municipal Service District t-o advertise under the Competitive Negotiations Act for consulting engineers. `Motion carried unanimously. REPORTS & RECOMMENDATI;ONS FROM CLERK TO THE BOARD Motion was made by Commissioner Swift to postp the Report of Forfeited Veh ending March 31, 1984 from Office, pursuant to Florida the County Administrator to a written report as to wher of these items will be allo mously. Motion was made by seconded by Commissioner Fa a Lease -Purchase Agreement tional disk drive units. M Mayor Sorensen and seconded!lby ne acknowledgment of receipt of cles/Vessels for the quarter he Monroe County Sheriff's Statutes 932.70-4(5) and request prepare and deliver to the Board the funds derived from the;is.ale ated. Motion carried unani'- Commissioner Hernandez and rer to approve the execution of ith NCR Corporation -for addi- tion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR, Motion was made by seconded by Commissioner Sw amount of $11,721.15 to E-3 railing at Card Sound Bridge The County Adminis had received a request from for consideration of an inc Haven. Motion was made by seconded by Mayor Sorensen County Attorney. During di withdrawn. Motion was then and seconded by Commissione, until the next meeting. Ro following results: Commissioner Hernandez and ft to approve an invoice inthe Inc. for the replacement of the Motion carried unanimously. ;rator advised the Board that he Key Haven Utility Company asking ease in the sewer fees in Key ;ommissioner Hernandez and ;o refer this request to the cussion, the motion was made by Commissioner Hernandez Fahrer to postpone this item 1 call vote was taken with the Commissioner Fahrer Yes Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensed No Motion carried. t 9 Mr. Lewin discussed pay increases for County employees for the coming fiscal year. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift directing the County Administrator to provide for a 2-1/2/ increase in the total salaries for the coming fiscal year. During discussion, motion was made by Commissioner Swift to direct the County Administrator to provide for a 2-1/2/ increase in salaries for the coming fiscal year, the method of distribution to be discussed at a future date. This motion died for lack of a second. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to table this item. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the Certificate of Public Convenience Necessity of Atlantic Key West Ambulance and the Medical Clinic at Ocean Reef. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mayor Sorensen discussed and read a Proclamation concerning Atomic Veterans. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve a Proclamation designating July•16, 1984 as Atomic Veterans Day. Mrs. Susan Pate, widow of Robert Bruce Pate, an Atomic Veteran and resident of the Keys who recently passed away, was in the audience and was recognized by the Commission. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Mr. Gerald E. Strahl addressed the Board concerning his Application for Variance to the Flood Hazard Ordinance. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve the Application for Variance to the Flood Hazard Ordinance from Gerald E. Strahl to construct a three-story commercial building composed of six stores and an apartment, with parking to be located below and in front of the structure. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift Yes Mayor Sorensen Yes Motion carried. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve the Application for Variance to the Flood Hazard Ordinance from Larry Perkins to place a mobile home at the same elevation as the surrounding mobile homes at property located on Key Largo, within the mobile home subdivision known as Sexton Cove Estates. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Hernandez to .approve the Application for Variance to the Flood Hazard Ordinance from -Gale Roberts to place a mobile home at the same elevation as the surrounding mobile homes at property located on the Bay side of Key Largo, within the mobile home subdivision known as Sexton Cove. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to approve the Application for Variance to the Flood Hazard Ordinance from James Wolfe to 1 1 AA 147 11 1 construct an enclosure of a space below an existing sin enclosure to be used as a g posed an amendment to inclu human habitation; it would or roll -up doors at both en and that all electrical wou elevation level. This amen Commissioner Hernandez and was taken with the followin proximately 1352 square feet of le -family house, said proposed rage. Commissioner Swift pro- e that the area would not be for rovide for breakaway, removjable s; that there would no plumbing; d not be located below the flood ment was accepted by ayor Sorensen. Roll call vote results: Commissioner Fahrer Yes Commissioner pHarvey No Commissioner Hernandez Yes Commissioner Swift Yes Mayor Sorensen Yes Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to remove from the Agenda the request of R. Krause for approval off his Application for Variance to the.Flood Hazard Ordinance. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve the Applicattion for Variance to the Flood Hazard Ordinance from City Electric System for the installation of an aluminum storage warehouse building locatedinext to their existing storage facilities. Motion carried` unanimously. OPENIJ,NG OF BIDS The Clerk advised possession of one bid whic specified in the Call For and Associated and/or Rela Service Taxing District No Commissioner Hernandez and to open the bid. The Cler possession of a bid from A Primary Bid Alternate Bi he Board that he was in was received within the time ds for one Type III Ambulance d Equipment for Municipal 5. Motion was made by econded by Commissioner Fahrer advised the Board that he was in o Products, Inc. as follows: $47,038.40 $46,038.40 Motion was made by Commissioner Hernandez and, seconded -by Commissioner Fa'hrer to refer to staff for a' report back. Motion carried unanimously with Commissioner Swift being absent from the room. REPORTS & RECOMMEN,DATIONS OF BOARD MEMBERS Betty Keller of thfe Marathon Chamber of Commerce came forward and made a presentation of a plaque thanking Mayor Sorensen for his dedicated service to Monroe Coun';ty. UNFINISHED BUSINESS The Board again considered the permit application for dredging and filling at! Sugarloaf Shores Subdivision by Lloyd A. Good,. Jr. Dr. Doyile addressed the Board concerning the request. Mr. Good addressed the Board concerning his application. The Chairman then advised the Board and the public present that he would limit all public input to 'three -minutes. Mr. Bob Ernst of the Marathon and Middle Keys' Citizens Associations addressed the Board and objected to the application for a perm it for dredging and filling by Mr. iry AA- 148 Good. At the end of three minutes, motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to extend the time for Mr. Ernst's presentation to ten minutes. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey Yes Commissioner Hernandez No Commissioner Swift No Mayor Sorensen No Motion failed. Motion was then made by Commissioner Hernandez and seconded by Commissioner Fahrer to postpone this item for two weeks to a "time certain" at 11:00 a.m. and to allow one hour for discussion and public input. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen No Motion carried. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Hernandez discussed a proposed Ordinance to prohibit discharging or firing of spear guns in residential man-made canals. Mrs. Adelaide Squibb and Mr. Henry Nauberite addressed the Board concerning this dangerous activity. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift directing the County Attorney to draft a proposed Ordinance which would prohibit use of spear guns in man-made canals and also authorizing the advertisement for the necessary public hearings. Motion carri.ed unanimously. Commissioner Hernandez discussed traffic problems on U.S.1 and, specifically, the Seven Mile Bridge. The Board heard from District Sergeant Larry Gerrell of the Florida Highway Patrol, Mr. John Taylor of the Department of Transportation, and Captain Harry Sawyer of the Monroe County Sheriff's Department. Commissioner Hernandez pre- sented a survey done by the Sheriff's Department concerning_ traffic on the Seven Mile Bridge and discussed that survey. After lengthy discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Swift directing the County Attorney to prepare and the Chairman to execute a Resolution concerning traffic control Qn the Seven Mile Bridge; requesting the Florida Department of Transportation to utilize its prerogatives in requiring certain driver controls to be implemented on said Bridge to strive in pre- venting accidents thereon. RESOLUTION NO. 188-1984 See Res. Book No. 38 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey authorizing the County Attorney to prepare and the Chairman to execute a Resolution requesting the Department of Transportation to institute a No Passing Zone on Big Pine Key from the point just after the curve to the Bridge, and also reducing the speed limit to 45 miles per hour, and also requesting the Department of Transportation to review the Big Pine Key area for the 1 1 AA 149 1 1 possible installation of traffic lights. Motion carried unanimously. j RESOLUTION NO. 189-1984 See Res. Book No. 38 which its incorporated herein by reference. LEGAL�,DEPARTMENT The Board postpone a Resolution concerning the Shores Subdivision. The Board discuss'e University of Miami and the Key. Motion was made by Co Commissioner Fahrer to appr call vote was taken with th Commissioner Commissioner Commissioner Commissioner Mayor Sorense Motion failed. Motion was seconded by Commissioner Ha action. Roll call vote was reconsider with the followi Commissioner Commissioner Commissioner Commissioner Mayor Sorense for two weeks consideration of naming of a street in Sugarloaf a proposed Sublease between the Disney Group concerning Pigeon missioner Swift and seconded by ve the Sublease Agreement. Roll following results: ahrer Yes arvey No ernandez No wift Yes No hen made by Mayor Sorensen and vey to reconsider the previous taken on the motion to g results: ahrer Yes arvey Yes ernandez No wift Yes Yes Motion carried. Motion wasimade by Mayor Sorensen and seconded by Commissioner Fahrer to postpone this item for two weeks. Motion carried unanimously. AWARDING OF BIDS Regarding -the One and/or Related Equipment fo District No. 5, the Clerk a been notified that there wa 3:23 p.m. this date which w specification as to the tim Paros addressed the Board a bid to Aero Products, Inc. Hernandez and seconded by C bid to Aero Products, Inc. Motion carried unanimously. ype III Ambulance and Associated Municipal Service Taxing vised the Board that he hadli a bid received in Key Westlat s not in accordance with the of the filing of the bids.1 Mr. d recommended the award of the Motion was made by Commissioner mmissioner Harvey to award the n the amount of $47,038.40. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made bylCommissioner Harvey and seconded by Commissioner Hernandez to approve an amendment to the contract with the Department of Health and Rehabilitative Services concerning the Personal Health Services to eligible Cuban and Haitian entrants under the Impact Aid Program: Roll call vote was taken with the following results: Commmissioner1,Fahrer Yes Commissioner Harvey Yes Commissioner Hernandez Yes Mayor Sorensen No Motion carried with -Commissioner Swift being absent fromthe room. AA. 150 Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to approve a budget modification concerning the SCSP program with the provision of the transfer of $2,300.00 from Contingency to be used as local match. Motion carried unanimously with Commissioner Swift not present. UNFINISHED BUSINESS Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to approve the Application for Variance to the Flood Hazard Ordinance from Kenneth E. Barnes to construct a single-family home to be enclosed below the base flood elevation; the finished floor to be fourteen feet above Mean Sea Level with the area below enclosed with "breakaway walls of concrete blocks." Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Harvey Yes Commissioner Hernandez Yes Mayor Sorensen No Motion failed due to tie vote. Commissioner Swift was not pr Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve the Tavernier Creek Marina`. Mr. Joe Roth, the owner of Tavernier Creek Marina, addressed the Board. Roll call vote was unanimous. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. Present were Commissioners Fahrer, Harvey, and Swift, and Mayor Sorensen. Commissioner Hernandez was absent from the meeting. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; Dr. Jeffrey Doyle, Director of Planning; members of the Press and Radio; and the general public. Proofs of publication were entered into the record. Mr. Jim Hendrick addressed the Board and requested the continuation of T.I.I., Inc.'s request to the Board of County Commissioners to reverse the decision of the Monroe County Board of Adjustment in denying a request to construct a pier 440 feet by 5 feet with a five foot by thirty foot "L", pursuant to Section 19-101(b) of the Monroe County Code. Property is known as Sawyers Key, Lot 1, as located in Sections 27 and 28, Township 65, South, Range 27 East. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to postpone this item for two weeks. Motion carried unanimously with Commissioner Hernandez being absent. Mr. Jim Hendrick then addressed the Board and requested the continuation of Debra S. Flynn's request to the Board of County Commissioners to reverse the decision of the Monroe County Board -of Adjustment in denying the construction of a dock 180 feet by.25 feet, on Lot 33 of Niles Channel Subdivision, as recorded in Plat Book 5, Page 9, and located in Section 26, Township 66 South, Range 28 East. Summerland Key. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to postpone this item for two weeks. Motion carried unanimously with Commissioner Hernandez being absent. ent. 1 1 AA �51 1 1 Mr. Fred Tittle, a Point South, addressed the tinuation for two weeks of to the Board of County Comm rendered by the Monroe Coun 1984, on property described in Section 18, Township 63 bounded on the West by the Shores, Plat Book 4, Page 3 Book 3, Page 43, and on the of Plantation Lake Estates, Atlantic Ocean. Plantation also addressed the Board co tinuation. Motion was made seconded by Commissioner Ha the next Plantation Key mee item was postponed temporar to check his schedule. torney representing Plantation oard and also requested con- lantation Point South's request ssioners to reverse the deciision y Zoning Board on February 127, as a part of Government Lotl6, outh, Range 38 East, being ast line of Toners Nautical) , and Plantation Ridge, Plait Northeast by the unrecordedlplat and along the South line by!the Key. Mr. Joe Miklas, attorney, cerning the request for conl- by Commissioner Swift and ' vey to postpone this item until ing. During discussion, this Ty in order for Attorney Mi'k 1 as REPORTS & RECOMMENDATI,,ONS OF COUNTY ADMINISTRATOR Motion was made by waiver of a Building Permit Center -at Big Pine United M discussion, motion was made seconded by Mayor Sorensen next meeting. Roll call vo Commissioner Hernandez bein i Commissioner Harvey to approve Fee for an addition to the )Youth thodist Church. During by Commissioner Swift and o postpone this item until:the e was unanimous with absent. i Motion was made by � Commissioner Harvey and seconded by Commissioner Swift to reconsider the Board's previous action concerning highway lighting on U.S.1- between Aviation Boulevard and Coco Plum Drive. Roll call vote was unani- mous with Commissioner Hernandez being absent. After discussion and a presentation by Mr. John Taylor of the Department of Transportation, motion was made by Mayor Sorensen and seconded by Commissioner Harvey to approve'; the placement oflights on U . S . 1 between Aviation Boulevards and Coco Plum Drive and accept responsibility for utilities and maintenance. Roll call vote was unanimous with Commissioner Hernandez being absent. BOARD, OF APPEALS Motion was made byl Commissioner Swift and seconded by Mayor Sorensen to postpone until the July 13th meeting the Plantation Point South,iappeal. REPORTS & RECOMMENDATIGONS OF COUNTY ADMINISTRATOR r Motion was made b by Commissioner Swift to r viously been removed from carried unanimously with C absent. Motion was made b by Commissioner Swift to a approving the Plat of a Re Sugarloaf Shores. Motion Commissioner Hernandez bei Commissioner Harvey and seconded instate Item G-4 which had p�re- he Agenda by the Board. Motion mmissioner Hernandez being 1 Commissioner Harvey and seconded opt the following Resolution' lat Portion of Lots 1 and 2,; arried unanimously with q absent. RESOLUTION NO. 190-1984 See Res. Book No. 38 which is incorporated herein by reference. REPORTS & RECOMMEN;DATIONS OF BOARD MEMBERS Commissioner Swifti discussed the availability of the County Code Books. After discussion, motion was made by AA- 152 Commissioner Swift and seconded by Mayor Sorensen authorizing the County Administrator to purchase ten County Code Books and make them available for sale at the County Administrator's office. Motion carried unanimously with Commissioner Hernandez being absent. Mr. Bob Dennis of the Department of Community Affairs discussed the availability of the County Code Books. Commissioner Swift discussed the Constitution as it relates to the assessments of property in Monroe County. Mr. Ervin Higgs, Property Appraiser, was present and discussed the assessment of properties and the school funding formula. After discussion, motion was made by Commissioner Swift to appropriate the sum -of $20,000.00 from Contingency for the purpose of a study of property assessments and the school funding formula. Motion died for lack of a second. Mr. Higgs then read a proposed Resolution to be adopted by the Board concerning this matter. Motion was made by Commissioner Swift and seconded by Mayor Sorensen to appropriate the sum of $5,000.00 from Contingency to be used to study the feasibility of a possible suit for the purpose of challenging the inequity of the current ad valorem tax system and school funding for- mula, requiring notification of the County Attorney and the County Administrator, and providing that the County would be a party to any such action. Motion carried unanimously with Commissioner Hernandez being absent. Motion was then made by Commissioner Swift and seconded by Commissioner Harvey to adopt the following Resolution concerning the Amendment of the Educational Funding Program. RESOLUTION NO. 191-1984 See Res. Book No. 38 which is incorporated herein by reference. PUBLIC HEARING A public hearing was held on a proposed Ordinance relating to Monroe County, Florida, amending the Comprehensive Zoning Ordinance thereof by amending Monroe County Ordinance No. 1-1973 as amended to provide for addi- tional permitted uses in RU-3 zoning districts (pyramiding); providing for severability; providing that all'Ordinances or parts of Ordinances in conflict with this Ordinance are repealed; providing for inclusion in the Code; and providing for an effective date. Proof of publication was entered into the records. There was no public input. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to reject the Ordinance and refer it back to the Zoning Board for the inclusion of RU-4.properties and for proper review by the Zoning Board. Motion carried unani- mously with Commissioner Hernandez being absent. A public hearing was then held on a proposed Ordinance of Monroe County, Florida, providing for the mana- gement and use of property at the Key West International Airport; providing for penalties for the violation of said Ordinance; providing for the enforcement of said penalties; providing for severability; providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to read the Ordinance by title only. Motion carried unanimously with Commissioner Hernandez being absent. There was no public input. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to continue until the next public hearing scheduled at the next meeting in Key West. Motion carried unanimously with Commissioner Hernandez being absent. 1 1 AAS3 LI LEGALIDEPARTMENT Motion was made by by Commissioner Harvey to r the Resolution authorizing install. and operate remote television translator tower Grassy Key. Motion carried Hernandez being absent. Mo Swift and seconded by Mayor upon the approval of Mr. He provision of a ninety -day r Motion carried unanimously being absent. Commissioner Swift and seconded consider the Board's a.ction;lon he Sheriff of Monroe County, to uxiliary radio receivers on'the located on Key Largo and unanimously with Commissioner ion was made -by Commissioner Sorensen to approve contingent ry Nauberite and also with the moval upon proper notice. , ith Commmissioner Hernandez; REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Swift tions matters and the possii newsletter. This item was i for further action. Commissioner Fahrer Duck Key to replace Mr. Eugi Board of Adjustment effectii Board. Roll call vote on tI Commissioner Hernandez bein( The Board discussec its conflict with the Annua' Association .of County Commi Commissioner Swift and secor the meeting of October 5th. Commissioner, Hernandez beinc discussed the meeting on Jug the Principles Guiding Deve' Mayor Sorensen and seconded question the consultants to Tallahassee on July 27th cot Development. Motion carriec Hernandez being absent. The Board discusses Motion was made by Commissii Commissioner Fahrer directii Ordinance concerning the rei, County and bring it back to for their examination. Commissioner Swift Ordinance. This was referri for further research. Commissioner Swift legislation concerning the districts in non -chartered Commissioner Swift Planning Committee. He adv be another meeting in his o- Commissioner Beware Resolution as engineers. No action discussed County public rela- ile publication of a County j 'eferred to Commissioner Swift nominated Mrs. Eleanor Fis'ie of !ne Wendelkowski on the e with the next meeting of that ie nomination was unanimous with absent. I the meeting of October 5th�and Meeting of the State ,sioners. Motion was made by ided by Mayor Sorensen to cancel Motion carried unanimously -,with I absent. Mayor Sorensen d ly 27th in Tallahassee concerning opment. Motion was made by Iby Commissioner Harvey to be present at the meeting in kerning the Principles Guiding I unanimously with Commissioner a proposed Sign Ordinance. Iner Swift and seconded by g Mr. Proby to prepare an julation of signs in Monroe the next meeting of the Board discussed a possible Bottle; W to the County Administrator gbriefly discussed the new Weation of single member lounties. No action was taken. idiscussed a meeting of the Nsed the Board that there would fice on July 19th at 2:00 p.m. h Swift discussed a recommended by the was taken. I possible Buyer County's consulting Mayor Sorensen discussed a possible Referendum item to consider a change in the,name of the County from Monroe AA 1,54 County to County of the Florida Keys. This matter was referred to the County Attorney. UNFINISHED BUSINESS Motion was made by Commissioner Swift and seconded by Commissioner Harvey to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute a Lease by and between the County of Monroe, State of Florida, and Hyatt Group Restaurants & Clubs, Inc. for land adjacent to the Key West International Airport, with the provision for cancellation with thirty days' notice at the option of the County. Motion carried unanimously with Commissioner Hernandez being absent. RESOLUTION NO. 192-1984 See Res. Book No. 38 which is incorporated herein by reference. There being no further business, the meeting was adjourned.