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04/29/1983 Regular 2 ()o/ Regular Meeting Board of County Commissioners Friday, April 29, 1983 10:00 A.M., Marathon 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 Ken Sorensen, Commissioner Ed Swift and Chairman Jerry Hernandez, Jr. Also present were Danny L. Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the County1s Consulting Engineering Firm; members of the Press and Radio; and general public. All stood for the Invocation and Pledge of Allegiance to the Flag. OPENING OF BIDS First item was the opening of sealed bids for one (1) motorized Wheel Loader for the Municipal Service District. Proof of publication was entered into the 12 records. Motion was made by Commissioner Sorensen and 123 seconded by Commissioner Swift to authorize the Clerk to open the bids. Motion carried unanimously. The Clerk advised the Board that he was in possession of the following bids: Dewind Machinery P. O. Box 23010 Ft. Lauderdale, Fla. 33307 $63,338.00 Neff Machinery, Inc. 4343 N.W. 76th Ave. Miami, Fla. 33166 Case Power & Equipment 3400 N.W. 78th Ave. Miami, Fla. 33152 $52,405.00 Alternate $53,655.00 $69,163.42 Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to refer the bids to staff. Motion carried unanimously with Commissioner Sorensen absent. Next item was the opening of sealed bids for bridge replacement (permanent) Copa D10ro Bridge. Proof of publi- cation was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to 12 authorize the Clerk to open the bids. Motion carried unani- 16 mously with Commissioner Sorensen absent. The Clerk advised the Board that he was in possession of the following bids: Upper Keys Marine Construction, Inc. P. O. Box 18AAA Key Largo, Fla. 33037 $234,085.60 r Charley Toppino & Sons, Inc. P. O. Box 787 Key West, Florida 33040 $248,735.45 Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to refer the bids to staff. Motion carried with Commissioner Sorensen and Commissioner Swift absent. LEGAL DEPARTMENT Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt the following resolution -z.. OO~ authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between Frank Keevan & Son, Inc., and the Board of County Commissioners for the purpose of repairing daybeacons under the Boating Improvement Fund Project at Kemp Channel. Motion carried with Commissioner Sorensen and Commissioner Swift absent. I 1'') 24 RESOLUTION NO.115-1983 See Res. Book No. 32 which is incorporated herein by reference. 24 34 99 Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between Frank Keevan & Son, Inc., and the Board of County Commissioners for the purpose of repairing daybeacons under the Boating Improvement Fund Project at Stock Island Channel B. Motion carried unanimously with Commissioner Sorensen and Commissioner Swift absent. \ J'; RESOLUTION NO.116-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to adopt the following resolution authorizing the Chairman of the Board of County 24 Commissioners to execute an Agreement by and between Upper 34 Keys Marine Construction and the Board of County 99 Commissioners for the purpose of installing daybeacons under the Boating Improvement Fund Project at Tamarac Park. Motion carried unanimously with Commissioner Sorensen and Commissioner Swift absent. RESOLUTION NO.117-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to adopt the following resolution authorizing the Chairman of the Board of County 24 Commissioners to execute an Agreement by and between Upper 34 Keys Marine Construction and the Board of County 99 Commissioners for the purpose of making daybeacon marker repairs under the Boating Improvement Fund Project at Tavernier Creek (oceanside). Motion carried unanimously with Commissioner Sorensen and Commissioner Swift absent. RESOLUTION NO.118-1983 See Res. Book No. 32 which is incorporated herein by reference. 5 34 99 59 Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Joint Participation Agreement by and between the State of Florida, Department of Transportation and Monroe County providing for the construc- tion of tank seal - CFR Vehicle at the Key West International Airport. Motion carried unanimously with Commissioner Sorensen and Commissioner Swift absent. '1 RESOLUTION NO.119-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt the following resolution " Z 003 authorizing the Chairman of the Board of County Commissioners to execute a Quit Claim Deed by and between Monroe County and the Upper Keys Sailing Club, Inc., for that portion of a public road which was previously abandoned by the Board of County Commissioners on November 1, 1982 located in Point Pleasant Subdivision. Motion carried una- nimously with Commissioner Sorensen and Commissioner Swift absent. ,....., RESOLUTION NO.120-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to adopt the following resolution upholding the decision of the Zoning Board of Monroe County and denying the request of Howard Hammond to reverse the decision of the Zoning Board denying a change of zoning from GU to BU-2T. Motion carried unanimously with Commissioner Sorensen and Commissioner Swift absent. RESOLUTION NO.121-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the followig resolution denying the request of Don Peterson to reverse the decision of the Board of Adjustment denying waiver of Section 19-217(h) of the Monroe County Code of Ordinances. Motion carried with Commissioner Sorensen absent. RESOLUTION NO.122-1983 See Res. Book No. 32 which is incorporated herein by reference. 99 40 102 99 13 99 13 Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following resolution upholding the decision of the Zoning Board and denying the 99 request of Pilot House Restaurant and Marina, Inc., and 127 Leisure Endeavors, Inc., to reverse the decision of the Zoning Board approving a change of zoning from BU-1 to BU-2E with an existing BU-1 as requested by Patricia Wright Knapp. Motion carried unanimously with Commissioner Sorensen absent. RESOLUTION NO.123-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following resolution incorporating a biological assessment into the records con- cerning the application of Joseph Picariello to protect his 99 commercial property from erosion. Motion carried unani- 127 mously. c RESOLUTION NO.124-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to adopt the following reso- lution incorporating a biological assessment into the records concerning the application of Richard A. Fry to reclaim land lost to erosion and minimize further erosion of his residential property. Motion carried unanimously. RESOLUTION NO.125-1983 See Res. Book No. 32 which is incorporated herein by reference. 99 127 004 z 99 127 99 127 Motion was made by Commissioner Sorensen a~d seconded by Commissioner Fahrer to adopt the ~ollowlng reso- lution incorporating a biological assessment lnto the records concerning the application of Mark A. Donel~y to place a rip~ap and 9ack fill along an eroded shorellne. Motion carrled unanlmously. RESOLUTION NO.126-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution incorporating a biological assessment into the records concerning the application of Jay C. Cramer to reclaim land lost to erosion and prevent the land from eroding again. Motion carried unanimously. 'l RESOLUTION NO.127-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to adopt the following resolution 99 concerning receipt of unanticipated funds from donations. 127 Motion carried unanimously. RESOLUTION NO.128-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to adopt the following resolution 99 transferring funds. Motion carried unanimously. 17 RESOLUTION NO.129-1983 See Res. Book No. 32 which is incorporated herein by reference. 130 15 33 70 128 4 17 REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD The Board briefly discussed the letter received from the Clerk and from Mr. Robert Harris of Post, Buckley, Schuh and Jernigan, Inc., concerning the Card Sound Road and Toll Bridge District recommending an increase in the tolls and also some amendments to the Bond Resolution. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to refer the matter to the County Administrator and the Consulting Engineers to prepare the amendments to the Bond Resolution and any other documents necessary. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to authorize the Clerk to trade in Microfilm Reader, I.D. No. 4230, purchased July 5, 1979 per staff recommendation. Motion carried unanimouSly. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve the following items: Advertising Expenditures: Media for March Production & Expenses for March Total l $ 5,584.66 17,983.59 23,568.25 zOOS Tourist Development Trust Fund Expenditures: -, Stuart Newman for February Rick Easton (conference) Community Concerts Red Barn Dave Patterson Key West Fishing Tournament TWFAC - December TWFAC - January TWFAC - February Central Press (Fantasy Fest) Central Press (Fantasy Fest) $ 28,064.30 327.50 986.63 872.25 240.00 844.62 2,056.01 2,381.43 2,429.09 1,507.00 5,595.00 45,303.83 115 17 Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to approve the following Warrants 17 for April, 1983 per staff recommendation: WAR RAN T S General Revenue Fund, Fla. National Clearing Account, #64578, in the amount-or-$2,175.98 General Revenue Fund, Boulevard Bank, #7108-7430, in the amount of $1,219,959.24. ---- General Revenue Fund, Marathon Bank, #29, in the amount of $16,506.75. General Revenue Fund FRS, #106, in the amount of $50,774.36. Supplement to the General Revenue Fund, #106-107, in the amount of $14:95~3. Fine & Forfeiture Fund, #240-242, in the amount of $661,434.~ - Road & Bridge Fund, #209-211, in the amount of $62,650.6~ - Airport Operation & Maintenance Fund, #144-146, in the amount of $7,690.55. Card Sound Bridge Revenue Fund, #138-139, in the amount of~,205.44. MSD Tax District, #232-239, in the amount of $161,756.32. --- Workmens Compensation, #484-495, in the amount of $22,529.41. Tourist ~velopment Fund, #3-10, in the amount of $52,436.05. ~ MSD Tax District ~, #137, in the amount of $13.75. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Mr. Lewin discussed the necessity for the creation of the following two (2) new classifications: Financial Analyst and Public Relations Person. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen 2 00& Z 105 34 69 31 17 77 70 classifi- Public Motion authorizing the County Administrator to create the cations for the positions of Financial Analyst and Relations Person and to report back to the Board. carried unanimously. Mr. Lewin discussed the proposed Agreeme~t bet~e~n the University of Miami and Monroe Coun~y concernlng.cllnl- cal nursing practice for students studYlng to be Reglstered Nurses Mr. Lewin recommended that we not proceed on the basis ~f the proposed contract due t~ l~ability exposure of the County. Motion was made by Commlssl~ner Fahrer and seconded by Commissioner Swift to authorlze.the County. Administrator to negotiate a new contract wlth te~ms WhlC~ would eliminate the liability to the County. Motlon carrled unanimously. ,---" Mr. Lewin discussed the Board's vacation dates. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to designate the period from June 15 to July 15, 1983 for vacation of the Board of County Commissioners. During discussion Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to postpone this item until this afternoon so that information could be received concerning the presentation of the ten- tative Budget. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to authorize the County Administrator to advertise for public sale the following equipment of the Law Library in accordance with the request from Judge Lester: Display IBM Terminal, Model No. 3101, Inv. No. 0604-2-4. IBM Printer, Model No. 3102, Inv. No. 0604-1. Motion carried unanimously. Mr. Lewin briefly discussed the applications which 127 he had forwarded to each Board Member concerning the Director of Building/Planning/Zoning. No action was taken. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve variances to the Flood Hazard Ordinance per staff recommendation for the following: Provincial House of Florida, Harry Tracy and Scott's Inc. During discussion Commissioner Fahrer withdrew her second to the motion. Motion died for lack of a second. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to divide this item into it1s component parts and to consider each item separately. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to approve the variance for Provincial House. During discussion Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to postpone this item. Roll call vote was taken on the motion to postpone and failed with Commissioner Fahrer, Commissioner Sorensen, Commissioner Swift and Chairman Hernandez voting no. Roll call vote was taken on the original motion and carried with Commissioner Fahrer and Commissioner Harvey voting no. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve a variance for Harry Tracy. During discussion the motion was withdrawn. Motion was made by Commissioner Swift and seconded by Mayor Hernandez to postpone consideration of this item until further clarifica- tion for two (2) weeks. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to approve a variance for Scotty's Inc. Roll call vote was taken and carried with Commissioner Harvey voting no. 127 84 86 n I I z 001 -, , Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to approve the County takeover of twelve (12) street lights at Duck Key. During 78 discussion Mrs. Joel Beardsley of Big Pine Key discussed this item. Roll call vote was taken and carried with Commissioner Harvey voting no. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to approve a request for installa- tion of street lights at Pine Lane, Big Pine Key, at the request of Mamie Vickers and Robert Leonard, Sands Subdivision, Big Pine Key. Motion carried unanimously. 78 Motion by Commissioner Funeral Home in Lula Lee Perry. was made by Commissioner Harvey and seconded Sorensen to approve payment to Martin-Vegue the amount of $506.60 for pauper burial of Motion carried unanimously. 17 22 Motion was made by Commissioner Harvey and seconded by Commissioner Swift to approve a request from the Emergency Services Coordinator1s Office to create two (2) new positions within his office. During discussion motion 2 was made by Commissioner Sorensen and seconded by 54 Commissioner Fahrer to postpone this item for two (2) weeks and directing Mr. Lewin to study the request and a possible combination of this office with the Office of Civil Defense. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to approve a request from the Key 75 Largo Ambulance Corp to consider the lease of a vehicle con- 6 tingent upon the approval of legal counsel. Roll call vote 54 was taken and carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve waiver of the Air 86 Conditioning Fee for the Matecumbe United Methodist Church. 18 Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize the County Attorney to advertise an ordinance which would create the 14 Monroe County Parks and Recreation Board. Motion carried 84 unanimously. During discussion Commissioner Sorensen 85 withdrew his motion. Motion was then made by Commissioner Harvey and seconded by Commissioner Fahrer to authorize the County Attorney to advertise an ordinance which would create the Monroe County Parks and Recreation Board. During discussion a motion was made by Chairman Hernandez and seconded by Commissioner Harvey to postpone this item for two (2) weeks. Motion carried unanimously. r Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to approve the use of Harry Harris Park per request of Community Recreation Association for three (3) days on dates to be specificied in the future for "Island Jubilee Days". Roll call vote was taken and carried unanimously. 85 Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to adopt the following resolution 99 restricting traffic on 109th Street located in Marathon. 102 Motion carried unanimously. RESOLUTION NO.130-1983 See Res. Book No. 32 which is incorporated herein by reference. ,008Z 14 99 23 129 86 18 Commissioner Fahrer was scheduled to discuss Fiscal Review Board. This item was withdrawn from the agenda. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift directing the Co~nty Attorney to draft and the Chairman to execute the followlng resolu- tion endorsing a resolution of the Marathon Chamber.of. Commerce in opposition to licensing of salt water flshlng. Motion carried unanimously. RESOLUTION NO.131-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to waive permit fees for the Key Largo Civic Center remodeling and renovation project in 1983. Motion carried unanimously. ..... I Motion was made by Commissioner Sorensen and 14 seconded by Commissioner Swift to appoint Mr. Andrew Tobin 84 to the Code Review Board to replace Mr. Nat Funke. Motion carried unanimously. 134 127 32 12 16 34 63 12 1~5 74 99 71 118 74 Commissioner Fahrer discussed the moratorium on major developments. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to extend the existing moratorium on major developments until the Land Use Map is passed and adopted. Roll call vote was taken and carried unanimously. Commissioner Swift then recognized Mr. Damien Smith, Aide to Senator Lawton Chiles, who was present in the audience. Commissioner Sorensen briefly discussed the need to have an immediate response on the Copa D10ra Bridge bids. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to authorize the execution of the contract with Mr. Robert Bensko of Group Seven under the terms and condition of the original contract which do not provide for any monthly payment. Roll call vote was taken and carried unanimously. Commissioner Swift discussed the possibility of acquiring property formerly owned and utilized by St. Mary1s School. The Chairman authorized Commissioner Swift and Commissioner Harvey to proceed to obtain proposals and report back to the Board. Commissioner Harvey discussed a possible jail site on U. S. Navy property and presented a resolution. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt the following resolution concerning the availability of naval property located on Truman Annex for the purpose of a futuristic jail site. Motion carried una- nimously with Commissioner Sorensen absent. RESOLUTION NO.132-1983 See Res. Book No. 32 which is incorporated herein by reference. ~ J Commissioner Harvey discussed a cost break down which would allow for the advertisement of public hearings on a display type ad basis in plain english and publish in the area that is affected. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to adopt the Z 009 following resolution requesting the publishing in the various newspapers in the County notice of public hearings 99 held in said County and specifying wherein said notice shall 93 appear. During discussion of the resolution Ms. Arlene 83 Reiser briefly discussed the item. Roll call vote was taken on the original motion and carried unanimously. ~ RESOLUTION NO.133-1983 See Res. Book No. 32 which is incorporated herein by reference. Ms. Joann Fry addressed the Board and complimented the appearance of the Little Duck Key Park. Mrs. Joel Beardsley of Big Pine Key discussed major developments. Mr. 85 Bill King of Marathon discussed the need for promoting 127 tourism. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to approve travel to the South Florida Regional Planning Council/and also all County 31 Commissioners to the Disaster Preparedness Convention in 98 Tampa on May 11, 12 and 13, 1983. Roll call vote was taken 30 and carried unanimously. Mayor Hernandez discussed the meeting called for May 13, 1983. Motion was made by Chairman Hernandez and seconded by Commissioner Sorensen to continue the May 13, 31 1983 meeting to May 27, 1983. Roll call vote was taken and carried unanimously. OFFICIAL CORRESPONDENCE Motion was made by Commissioner Sorensen and seconded by Chairman Hernandez to acknowledge receipt of a letter from the Sheriff advising of the appointment of James Wirth as Deputy Sheriff effective April 16, 1983. Motion carried unanimously with Commissioner Swift absent. 107 The Board recessed for lunch at this time. Regular meeting Re-convened 2:00 P.M. sent. The regular meeting re-convened with everyone pre- LEGAL DEPARTMENT Motion was made by Commissioner Fahrer and seconded by Chairman Hernandez to adopt the following resolution authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of MSD Taxing 34 District 4-A to execute an agreement by and between MSD 99 Taxing District 4A and the City of Layton for the use of the 54 garage bay located in City Hall, City of Layton, to house a fire truck. Motion carried unanimously with Commissioner Sorensen and Commissioner Harvey absent. ~ ! RESOLUTION NO.134-1983 See Res. Book No. 32 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mayor Hernandez discussed the proposed regulations with septic tanks and presented a resolution. Motion was made by Chairman Hernandez and seconded by Commissioner Swift to adopt the following resolution amending Resolution No. 67-1983 and authorizing the Mayor to execute. Roll call vote was taken and carried with Commissioner Fahrer voting no. 99 127 18 010Z RESOLUTION NO.135-1983 See Res. Book No. 32 which is incorporated herein by reference. Mr. John Goodknight of the Florida Department of Transportation addressed the Board concerning the impact of ~~9 the new Gas Tax Legislation on Monroe County and also pre- 114 sented a new updated and amended Five Year Plan for Monroe County. 16 84 129 134 99 12 16 Commissioner Fahrer discussed the schedule for ope- nings of the Snake Creek Bridge. No action was taken. Mr. Bill Moore and Attorney Ray Allen discussed the request of the Organized Fishermen of Florida to delete Section B of Ordinance No. 20-1980 commonly known as the Crawfish Trap Ordinance. During discussion they requested that the Board put into effect a moratorium on Section B of Ordinance No. 20-1980 until the courts could decide the issue in pending litigation. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to institute a moratorium in RU-1, RU-5, and RU-5P Districts for the construction of crawfish traps and other activities as setforth under Section B of Ordinance No. 20-1980 for a period of two (2) years as of April 29, 1983. Roll call vote was taken and carried unanimously. '"'I I I AWARDING OF BIDS Mr. Bob Harris of Post, Buckley, Schuh and Jernigan, Inc., addressed the Board and recommended that the Board accept the low bid of Upper Keys Marine Construction, Inc., in the amount of $234,085.60. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to accept and award the bid to Upper Keys Marine Construction, Inc., in the amount of $234,085.60 for the replacement of Copa D10ra Bridge (permanent) and authorizing the Attorney to draft appropriate resolution and contract and authorizing the Chairman to execute same. Roll call vote was taken and carried unanimously. RESOLUTION NO. 136-1983 See Res. Book No. 32 which is incorporated herein by reference. The Board then discussed the necessity for calling a meeting to discuss roads and the new Gas Tax. The Board agreed and the Chairman called for a Special Meeting of the 76 Board of County Commissioners on May 26, 1983 at 3:00 P.M. 31 to discuss roads and the new Gas Tax Legislation as it 102 affected Monroe County. 114 17 34 123 LEGAL DEPARTMENT Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following resolution authorizing the Chairman to execute a Contract by and bet- ween the Board of County Commissioners and R. W. Taylor Steel Company, Inc., providing for the installation of undergrate conveyors and modification of the guillotine doors for the eight incinerators operated by the Municipal Service District in the amount of $330,000.00. Roll call vote was taken and failed with Commissioner Harvey, Commissioner Sorensen and Mayor Hernandez voting no. Motion was then made by Commissioner Sorensen and seconded by Commissioner Fahrer authorizing the Manager of the Municipal Service Taxing District to expend up to $40,000.00 for the installation of one door modification which would be used as a test case for the feasibility and possibility of modifying the rest of the incinerator doors for more efficient opera- tion. Roll call vote was taken and carried with Commissioner Harvey and Mayor Hernandez voting no. ~ \ I Z ')~1: Mr. Proby addressed the Board and brought them up to date on the suit concerning the Port Largo Airport. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to authorize the County Attorney to proceed with an appeal in the suit concerning Monroe County and the Port Largo Airport. Roll call vote was taken and carried unanimously. -I Mr. Proby discussed zoning appeals and the necessity for adopting a resolution confirming the decision of the Board of County Commissioners at the time of the appeal hearing. Motion was made by Commis~ioner Swift and and seconded by Commissioner Harvey to approve the procedure outlined by the County Attorney which would require the adoption of a resolution at the time of the appeal hearings confirming the action of the Board. Motion carried unani- mously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve the invoice in the amount of $81,000.00 for Payment No.1 to General Asphalt, Inc., for the resurfacing of Old State Road 4A "Old Bumpy". Motion carried unanimously. - The Clerk advised the Board that Chapter 129 of the Florida Statutes requires the County Budget Officer to pre- sent the tentative Budget to the Board of County Commissioners fifteen (15) days after the date of the cer- tification which would be July 15 assuming that the cer- tification was delivered on July 1, 1983 without extension. He also advised the Board that with the approval of the Board of County Commissioners the tentative Budget would be delivered to the Mayor and Chairman of the Board of County Commissioners on or before that date. The Board agreed to that procedure and accordingly a motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to adopt as the Board's vacation schedule June 15 through July 15, 1983. Motion carried unanimously. The regular meeting adjourned. Board of Appeals The Board of County Commissioners sat as the Board of Appeals to hear two appeals. All the Commissioners were present in addition to the Clerk, County Attorney, County Administrator, members of the Press, Radio, and general public. r First appeal heard was that of Jack R. Dykstra and Jack R. Dykstra II, requesting the Board of County Commissioners to reverse the decision of the Monroe County Board of Adjustment in the consideration of a Dimensional Variance to the minimum lot area requirement for a proposed rezoning to RU-3, on a tract of land in part of Government Lot 1, together with a small island or key, known as Coral Key, in the Bay of Florida just north of Government Lot 1, all being located in Section 9, Township 66 South, Range 32 East, Marathon, zoned RU-1. Proof of publication was entered into the records. Mr. Ralph Cunningham, Attorney for the Petitioner Jack R. Dykstra and Jack R. Dysktra II, addressed the Board. There were no members of the public or legal representation present for the respondent. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to reverse the decision of the Board of Adjustment and grant the appeal and the County Attorney was instructed to draft the appropriate resolution and the Chairman was authorized to execute same. Roll call vote was taken and carried with Commissioner Fahrer voting no. 3 5 9 37 127 13 99 17 102 17 128 31 13 127 99 ~12 Z 99 129 29 RESOLUTION NO.137-1983 See Res. Book No. 32 which is incorporated herein by reference. Next appeal heard was that of Big Pine Key Civic Association, Inc., Lower Keys Chapter of the Organized Fishermen of Florida, Henry Naubreit, Henry Staples, and Joe Kite, requesting the Board of County Commissioners to reverse the decision of the Monroe County Zoning Board, in their approval of the application filed by Margaret C. Straehly, for a change of zoning from GU to RU-3 and for preliminary major development and community impact study approval, on a part of Government Lot 1, as located in Section 6, Township 67 South, range 30 east, Big Pine Key, project known as "0cean Bluff". Proof of publication was entered into the records. Mr. Earl Gallup, Attorney, repre- senting the petitioner, addressed the Board. Mr. Mike Halpern, Co-Counsel for the developers of Ocean Bluff was also recognized and briefly addressed the Board. Upon questioning from the Board of County Commissioners Mr. Proby, County Attorney, advised the Board that in his opi- nion the appeal was premature in that it was an appeal of a decision made at a preliminary hearing and that the appeal should not be heard until after the final hearing by the Zoning Board on this matter. After Board discussion motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to continue the public hearing. Roll call vote was taken and failed with Commissioner Sorensen, Commissioner Swift, and Mayor Hernandez voting no. Motion was then made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following resolution and authorizing the Chairman to execute same. Roll call vote was taken and carried with Commissioner Harvey voting no. RESOLUTION NO. 138-1983 See Res. Book No. 32 which is-,ncorporated herein by reference. The Board of Appeal adjourned. * * * * * * * * * * * * * * l