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05/27/1983 Regular 01.& Z Regular Meeting Board of County Commissioners Friday, May 27, 1983 10:00 A.M., Plantation Key, Fla A regular meeting of the Board of County . Commissioners convened on May 27, 1983 at 10:00 A.M., ln Plantation Key. Present and ans~er~ng to ~oll c~ll were Commissioner Alison Fahrer, Commlssloner Wllhelmlna Harvey, Commissioner Ken Sorensen, Commissioner Ed Swift, and Chairman Jerry Hernandez, Jr. Also present were Danny L. . Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermlt Lewin, County Administrator; members of the County's Engineering Firm; members of the Press and Radio; and general public. All stood for the Invocation and Pledge of Allegiance to the Flag. PUBLIC HEARINGS First item was a public hearing on proposed ordi- nance amending Ordinance No. 001-1983 by amending Subsection (4) of Section 4, entitled "conduct of hearing", to provide 84 for issuance of orders of the Code Enforcement Board. Proof 14 of publication was entered into the records. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to read the proposed ordinance by title only. Motion carried unanimously. There was no public particip~tion. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the proposed ordinance as pre- sented. Motion carried unanimously. ORDINANCE NO.009-1983 See Ord. Book No.6 which is Tncorporated herein by reference. Next was a public hearing on proposed ordinance regulating the use of County bridges for the purpose of net fishing for shrimp, etc. Proof of publication was entered into the records. Motion was made by Commissioner Swift and 16 seconded by Commissioner Harvey to read the proposed ordi- 129 nance by title only. Motion carried unanimously. The 81 following individuals spoke: Mildred Garretson of Grassy Key in opposition; George Hearn of Plantation Key in favor; Russ Albury of Islamorada in favor; Henry Kendall of Plantation Key in favor; Walter Rendall of Key Colony Beach in opposition; Lt. Thomas Warwick of Plantation Key in favor; and Connie Ball of Islamorada in opposition. Commissioner Fahrer read a letter into the record from Captain Herzog favoring the proposed ordinance. The Board discussed several possible amendments to the ordinance. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to continue the public hearing for two (2) weeks. Roll call vote was taken and carried unanimously with Commissioner Sorensen absent for roll call. A public hearing was then held on a proposed ordinance amending Ordinance No. 10-1982 pertaining to the 84 reimbursement of volunteers in the Special Fire and 54 Ambulance Districts in the County; increasing the reimbur- sement from $35.00 per month to $50.00 per month. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to read the proposed ordinance by title only. Motion carried unanimously with Commissioner Sorensen absent. Reggie Paros discussed and explained the proposed ordinance. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to adopt the proposed ordinance. Motion carried unanimously. ORDINANCE NO.OI0-1983 See Ord. Book No.6 which is Tncorporated herein by reference. Z Of? OPENING OF BIDS - Next item was the opening of sealed bids for one (1) 1983 Ford E-350 Type III, ambulance for Sugarloaf Volunteer Fire Department. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the Clerk to open the bids. Motion carried unanimously. The Clerk advised the Board he was in possession of one (1) bid from Aero Products, 708 Industry Road, Longwood, Florida 32750, in the amount of $41,378.60 and one (1) no-bid response from Star-line Enterprises, Inc., P.O. Box 1937, Sanford, Florida 32771. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to refer the bid to staff for report back to the Board. Motion carried unanimously. Next item was the opening of sealed bids for paving and grading improvements to Cross Key Waterways Estates Subdivision, Key Largo. Proof of publication was entered into the records. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to authorize the Clerk to open the bids. Motion carried unanimously. The Clerk advised the Board he was in possession of the following bids: The Brewer Company 9801 N.W. 106th Street Miami, Florida 33178 $153,247.75 - Fla. Rock and Sand P.O. Box 3004 Florida City, Florida 33034 Weekley Asphalt Co. P. O. Box 396 Hallandale, Florida 33009 $206,061.03 $185,523.36 Community Asphalt Corp. P.O. Box 9179 Pembroke Pines, Florida 33024 $159,381.24 Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to refer the bids to staff for a report back to the Board. Motion carried unanimously. Next item was the opening of sealed bids for one (1) 1983 long bed van for the Monroe County Civil Defense Office. Proof of publication was entered into the records. The Clerk advised the Board that there were no bids on the table, however, he had been advised by Mr. White, the Clerk, that there was a bid in the Clerk's Office in Key West. The Board advised the Clerk to attempt to have someone deliver the bid to the meeting on this day. No further action was taken at this time. LEGAL DEPARTMENT - Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize the County Attorney to draft and the Chairman to execute the following resolution in support of Monroe County Port Advisory Board's recommendation concerning the Redevelopment Agency Plan. Motion carried unanimously. RESOLUTION NO.142-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to adopt the following resolution 12 54 130 12 102 12 30 42 99 14 018 Z adopting Rules of Procedure for the transaction of business by the Monroe County Zoning Board, as approved by said Board 127 on March 29, 1983. During discussion a motion was made by 2 Commissioner Sorensen and seconded by Commissioner Harvey to postpone this item for two (2) weeks and requesting the Legal Department to clearly identify all of the changes in the proposed Rules of Procedure. Motion carried unani- mously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following items by unanimous consent: 99 14 102 Board adopted the following resolution approving Change Order No.2 amending the Contract by and between Monroe County, Florida, and General Asphalt Co., Inc., by authorizing the removal of a concrete hump at approximately station 120 + 50 of the project and repave the excavated section in order to forestall possible future accidents and lawsuits. RESOLUTION NO.143-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution approving Change Order No.1 amending the Contract by and between 99 Monroe County, Florida, and Alonzo Cothron, Inc., by 16 granting an extension of 120 days to complete the project 34 renovation and upgrading of Duck Key Bridge No.2. RESOLUTION NO.144-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution approving Change Order No. 1 amending the Contract by and between 102 Monroe County, Florida, and Frank Keevan and Son, Inc., by 99 granting an extension of 120 days to complete the project 34 paving, grading, and drainage improvements on Cross Street, Stock Island. RESOLUTION NO.145-1983 See Res. Book No. 33 which is incorporated herein by reference. 99 118 Board adopted the following resolution urging Congress to pass Senate Bill No. 141 amending Title 42 U. S. Code Sections 1983 and 1988. RESOLUTION NO.146-1983 See Res. Book No. 33 which is incorporated herein by reference. 67 34 106 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 of Monroe County, Florida, and Fishermen's Hospital, Inc., for the purpose of furnishing meals to senior citizens participating in the Older Americans Act Title III-C Nutrition Program in Marathon. RESOLUTION NO.147-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners to execute z O~ a Disclaimer and Agreement by and between the County of Monroe and Jack Thomas, as Trustee, relinquishing any claim of right, title or interest in any portion of.p~o~erty owned by the said Jack Thomas in Camp Pleasant Subdlvlslon. RESOLUTION NO.148-1983 See Res. Book No. 33 which is incorporated herein by reference. ..... Board adopted the following resolution authorizing and approving grant for Kemp Channel Boating Improvement Fund Project and approval of Department of Natural Resources Project Agreement which follows grant approval, authorizing Mayor of County Commission to endorse said Project Agreement upon arrival without additional approval needed from Board of County Commissioners. RESOLUTION NO.149-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution authorizing and approving grant for Stock Island East Channel B Boating Improvement Fund Project and approval of Department of Natural Resources Project Agreement which follows grant approval, authorizing Mayor of County Commission to endorse said Project Agreement upon arrival without additional approval needed from Board of County Commissioners. RESOLUTION NO.150-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion carried unanimously. ..... Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement for Baker Act Matching Funds by and between the Board of County Commissioners and the Dade-Monroe Mental Health Board, Inc., District XI. Motion carried unanimously. RESOLUTION NO.151-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve the following items by una- nimous consent: 34 99 112 58 24 99 63 24 99 58 63 99 17 34 Board adoped the following resolution authorizing and approving grant for Tamarac Park Channel Boating 24 Improvement Fund Project and approval of Department of 99 Natural Resources Project Agreement which follows grant 58 approval, authorizing Mayor of County Commission to endorse 63 said Project Agreement upon arrival without additional approval needed from Board of County Commissioners. ~ I RESOLUTION NO.152-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution authorizing and approving grant for Tavernier Creek (Oceanside) Channel 99 Boating Improvement Fund Project and approval of Department 24 of Natural Resources Project Agreement which follows grant 58 approval, authorizing Mayor of County Commission to endorse 63 said Project Agreement upon arrival without additional . O~ Z 34 99 106 63 34 99 2 , 2 34 99 2 34 99 2 34 99 approval needed from Board of County Commissioners. RESOLUTION NO.153-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners to execute an Official Contract by and between the Area Agency on Aging for Dade and Monroe Counties, United Way of Dade County, Inc., and the Monroe County Board of County Commissioners providing funds for the Nutrition Program under U.S.D.A., Contract No. 83-1-08. RESOLUTION NO.154-1983 See Res. Book No. 33 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 of Monroe County, Florida, and Steven L. Lawyer, D.O., for furnishing pre-employment physicals for prospective employees and any physicals deemed necessary for current employees of the County. RESOLUTION NO.155-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Eugene L. Manuel, D.O., for the purpose of furnishing pre- employment physicals for prospective employees and any phy- sicals deemed necessary for current employees of the County. RESOLUTION NO.156-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution authorizing the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Brent A. Sperry, D.O., for the purpose of furnishing pre-employment physicals for prospective employees and any physicals deemed necessary for current employees of the County. RESOLUTION NO.157-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and William H. Greenwood, M.D., for the purpose of furnishing pre-employment physicals for prospective employees and any physicals deemed necessary for current employees of the County. l RESOLUTION NO.158-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe Z '32~ County, Florida, to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and 2 J. L. Lester, Jr., M.D., for the purpose of furnishing pre- 34 employment physicals for prospective employees and any phy- 99 sicals deemed necessary for current employees of the County. RESOLUTION NO.159-1983 See Res. Book No. 33 which is incorporated herein by reference. - Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve a resolution authorizing the Chairman of the Board of County Commissioners of Monroe 117 County, Florida, to execute a Contract for the maintenance 34 of the Monroe County Television Translator System by and between the Monroe County Board of County Commissioners and Carmel ita T. Gossard dlbla C & M Electronics. During discussion a motion was made by Commissioner Harvey and seconded by Commissioner Swift to postpone this item. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to approve the following items by unanimous consent: Board adopted the following resolution amending Resolution No. 069-1983 concerning Tax Anticipation Warrant 54 between Municipal Service Taxing District No. D-l and 99 Boulevard Bank. 17 RESOLUTION NO.160-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution amending Resolution No. 069A-1983 concerning Tax Anticipation Warrant 54 between Municipal Service Taxing District No. 4-A and 4-B 99 and Boulevard Bank. 17 RESOLUTION NO.161-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adotped the following resolution incor- porating a biological assessment into the records concerning the application of Glenn Miller to eliminate an unwanted man-made boat slip on residential property. 99 127 RESOLUTION NO.162-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution concerning receipt of unanticipated funds from other governmental agen- cies for Special Taxing District No. 100-A. 54 99 17 -, RESOLUTION NO.163-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution concerning receipt of unanticipated funds from other governmental agen- cies for Special Taxing District No. 100-C. 54 99 17 RESOLUTION NO.164-1983 See Res. Book No. 33 which is incorporated herein by reference. 022 Z Board adopted the following resolution concerning 99 receipt of unanticipated funds from donations. 17 RESOLUTION NO.165-1983 See Res. Book No. 33 which is incorporated herein by reference. 99 Board adopted the following resolution concerning 17 receipt of unanticipated funds from donations and rescinding Resolution No. 060-1983. RESOLUTION NO.166-1983 See Res. Book No. 33 which is incorporated herein by reference. Board adopted the following resolution concerning 54 receipt of unanticipated funds from other governmental agen- 99 cies for Special Taxing District No. 100-H. 17 RESOLUTION NO.167-1983 See Res. Book No. 33 which is incorporated herein by reference. 58 Board adopted the following resolution concerning 63 receipt of unanticipated funds from the Boating Improvement 99 Fund. 17 RESOLUTION NO.168-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Mayor Hernandez to adopt the following resolu- tions transferring funds with the additional transfers con- cerning recreation funds and also authorizing the drafting and execution of Inter-local Agreements between the Board of County Commissioners and the District School Board for Summer School Recreation Programs including a program for the Lower Keys which would be contingent upon a program being developed for same. Roll call vote was taken and failed with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Sorensen Commissioner Swift Mayor Hernandez No No Yes No Yes 85 34 99 105 Motion failed. Motion was made by Commissioner Sorensen and seconded by Mayor Hernandez to adopt the following resolu- tions transferring funds with the additional transfers con- cerning recreation funds and authorizing the preparation and execution of the necessary Inter-local Agreements between Monroe County and the District School Board of Monroe County for Summer School Recreation Programs in the Middle and Upper Keys. Roll call vote was taken and carried with Commissioner Harvey and Commissioner Swift voting no. RESOLUTION NO.169-1983 RESOLUTION NO.170-1983 See Res. Book No. 33 which is incorporated herein by reference. i023 I Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following reso- lution authorizing the Chairman of the Board of County Commissioners to execute an Amendment to Project Agreement by and between the Florida Department of Natural Resources and Monroe County Board of County Commissioners pertaining to Old Niles Channel Bridge Artificial Reef Project. Motion carried unanimously. 34 58 99 16 - RESOLUTION NO.171-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following reso- 19 lution accepting certain roads in Sexton Cove Estates as 102 recorded in Plat Book 6, page 30, of the Public Records of Monroe County. Motion carried unanimously. RESOLUTION NO.172-1983 See Res. Book No. 33 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to approve the following items by unanimous consent: Board approved the following Warrants for May, 17 1983: WAR RAN T S GENERAL REVENUE FUND - BOULEVARD BANK, '7431-8102, in the amount of $1,080,413.91. GENERAL REVENUE FUND - MARATHON BANK, #30-31, in the amount of $47,730.63. GENERAL REVENUE FUND - FIRST AMERICAN BANK, #30-31, in the amount of $75,157.05. GENERAL REVENUE FUND FRS, #107, in the amount of $43,093.83. SUPPLEMENT TO THE GENERAL REVENUE FUND, #108-112, in the amount of $54,317.88. FINE & FORFEITURE FUND, #243-253, in the amount of $1,438,051.83. -- ROAD & BRIDGE FUND, #212-218, in the amount of $675,012.26. AIRPORT OPERATION & MAINTENANCE FUND, #147-153, in the amount of $31,116.52. LAW LIBRARY FUND, #83-87, in the amount of $2,367.18. CARD SOUND BRIDGE REVENUE FUND, #140-145, in the amount of $34,582.72. MSD TAX DISTRICT, #350-366, in the amount of $1,154,043.69. WORKMENS COMPENSATION, #496-526, in the amount of $46,367.36. 024 Z 31 TOURIST DEVELOPMENT TRUST FUND, #11-19, in the amount of $66,747.15. MSD PLEDGE FUNDS ACCOUNT, #1-2, in the amount of $795,945.89. Board approved Minutes for the months of March and April, 1983. Board approved payment of the following bills: - 17 4 Advertising Budget: Florida Upper Keys Chamber of Commerce for period from January 6 through March 25, 1983 for postage in the amount of $396.43. 115 17 14 Tourist Development Trust Fund: Southern Bell (Key West Chamber of Commerce) Dave Patterson Dave Patterson Stuart Newman (March Production) Stuart Newman (March Media) Stuart Newman (March Outdoor Media) Stuart Newman (March Expenses) Stuart Newman (March Newspaper) Old Island Days Art Festival Total 444.62 192.00 204.00 2,145.07 5,730.80 2,829.74 5,485.93 10,636.51 867.55 28,536.22 Motion carried unanimouSly. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Next item was the County Administrator's Report. Mr. Lewin discussed appointments to the Commission on the Status of Women. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to accept the recommendation of the Commission on the Status of Women and appoint Ms. Gert Klippen and Ms. Kim Romano Pollack to the Commission on Status of Women. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded 17 by.Commissioner Swift to approve payment of an Invoice from 69 Risk Control Associates in the amount of $1,137.50. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to extend for an additional sixty 54 (60) days temporary Certificates of Convenience and 10 Necissity to the Volunteer Ambulance Units so that the necessary audits of most departments could be made and sub- mitted to the Board. Motion carried unanimously. 12 54 17 AWARDING OF BIDS The Board returned to the bid opening of one (1) 1983 Ford E-350 Type III, Ambulance for Sugarloaf Volunteer Fire Department for MSD I-C. Mr. Paros addressed the Board and recommended acceptance of the bid from Aero Products in the amount of $41,378.60. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to accept the recommendation of Mr. Paros and award the bid to Aero Products for the purchase of one (1) 1983 Ford E-350 Type III Ambulance for the Sugarloaf Volunteer Fire Department for MSD l-C in the amount of $41,378.60. Motion carried unanimously. - , I 'z '02S REPORTS & RECOMMENDATIONS Qf COUNTY ADMINISTRATOR - I Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to postpone consideration of amended County Commissioners Administrative Procedures and requested that the Legal Department clearly indicate what changes have been made to said procedures. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve the following items by unanimous consent: Board approved payment of invoice No.1 to General Asphalt Company in the amount of $81,000.00 for resurfacing Old State Road 4A, "Old Bumpy". Board approved payment of Invoice No.2 (final payment) to General Asphalt Company in the amount of $13,300.00 for resurfacing Old State Road 4A, "Old Bumpy". Board approved payment of refund in the amount of $75.00 to Norman Davison for cancellation of original permit for riprap. Board approved payment of refund in the amount of $45.00 to Gerald Krause for cancellation of dredging permit. Board approved payment of Invoice for month ending March 31, 1983 to Post, Buckley, Schuh and Jernigan, Inc., in the amount of $58,925.61 for consultant services. Motion carried unanimously. - 31 2 17 102 17 102 17 127 17 43 17 33 Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to deny the request of Cross Key Waterways Estates Property Owners of George Street for 130 relief from participation in the Tax District created by an 114 election. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to approve payment of invoice to Martin-Vegue Funeral Home in the amount of $462.40 for 17 pauper burial of Robert Corlew. Motion carried unanimously. 22 AWARDING OF BIDS - Mr. Bob Harris of Post, Buckley, Schuh and Jernigan, Inc., addressed the Board and recommended that the bid of The Brewer Company in the amount of $153,247.75 reflecting $136,326.80 to be done on roads which will become public roads and also $16,920.95 on Boyd and George Streets. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to accept the recommendation of the County's Consulting Engineers and award the bid for paving and grading improvements to Cross Key Waterways Estates Subdivision to The Brewer Company in the amount of $153,247.75 and authorizing the Chairman to sign any and all necessary documents. During discussion Mr. Roy Alsbar of the Cross Key Waterways Estates Homeowners Association addressed the Board. Roll call vote was taken on the motion and carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift authorizing the County Attorney to proceed to obtain proposals for the issuance of Tax Anticipation Notes in accordance with the Referendum in the Cross Key Waterways Special Road Tax District. Motion carried unanimously. Motion was made by Commissioner Swift and seconded 12 34 130 026 Z 129 99 58 51 14 129 68 14 66 17 127 34 17 16 17 16 34 127 84 16 93 by Commissioner Fahrer to approve the recommendations made by the County's Consulting Engineers and t~e County Administrator concerning the Card Sound Brldge Road and Toll Bridge District and authorizing the County Attorney to proceed with the necessary pu~lic hea~ings to act on those recommendations. Motion carrled unanlmously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift directing the Coun~y Attorney to prepare and the Chairman to execute the followlng resolu- tion requesting the State of Florida through the Department of Natural Resources to remove derelict vessels fr~m the waters of Monroe County or to fund such a program ln Monroe County. Motion carried unanimously. RESOLUTION NO.173-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion was made by Chairman Hernandez and seconded by Commissioner Sorensen to appoint Mr. Richard Perez of Number One Boat Yard to replace Mr. Norman Lee on the Port Advisory Committee. During discussion the Board discussed the necessity of expanding this committee. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to permit the Key West Housing Authority to extend the jurisdiction of the Section 8 existing Housing Program County-wide. During discussion a motion was made by Commissioner Sorensen and seconded by Commissioner Swift to postpone this item until after the Board's vacation. During discussion Commissioner Swift withdrew his second and Mayor Hernandez seconded the motion. Roll call vote was taken on the motion and failed with Mayor Hernandez voting yes. Mr. Norman Haney of the Key West Housing Authority addressed the Board concerning the request. Motion was made by Commissioner Sorensen and seconded by Chairman Hernandez to deny the request. During discussion a motion was made by Commissioner Swift and seconded by Commissioner Harvey to postpone this item for two (2) weeks. Roll call vote was taken and carried with Commissioner Sorensen voting no. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to appoint Roland Fisch and Scott Wade to the Highway Beautification Committee to replace Page Tharpe and Bill Paulsen. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve the following items by una- nimous consent: Board approved a refund in the amount of $100.00 to Robert S. Appleton due to return of application for zoning change. Board approved payment of Invoice No. 5 (final payment) to The Doebler Company in the amount of $20,595.30 for Renovation and Upgrading of Duck Key Bridge No.3. Board approved payment of Invoice No. 3 to Upper Keys Marine Construction in the amount of $90,723.44 for Renovation and Upgrading of Duck Key Bridge No.4. Motion carried unanimouSly with Commissioner Sorensen absent. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve a variance to the Flood Hazard Ordinance for Indian Key Fishing Club d/b/a Matecumbe Resort and Harry Tracy with a twenty-four (24) month limita- tion placed on the variance of Harry Tracy. Motion carried unanimously. ZO~' ~ Motion was made by Commissioner Fahrer and seconded by Mayor Hernandez to approve waiver of Building Fee for the Marathon Shores Baptist Church in the amount of $150.00. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to create the position of Air Safety Officer Supervisor at Key West International Airport at Pay Grade 39. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to accept the recommendation of Director of the Municipal Service District and award the bid for one (1) Motorized Wheeloader to Neff Machinery, Inc., in the amount of $53,655.00. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the County Attorney to call for bids for one (1) new 3/4 ton Truck for the Municipal Service District. Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Swift to postpone for two (2) weeks an item concerning reconsideration of proposal from R. W. Taylor Steel, Inc., for modification of the incinerators. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to approve payment of Invoice No. 13 to Post, Buckley, Schuh and Jernigan, Inc., in the amount of $3,180.00 for the Municipal Service District for the month ending March 31, 1983. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to approve application for permit for fill, rip-rap and boat ramp for Holden A. Walsh. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to approve annual leave for the County Administrator from June 20 through June 24, 1983. Motion carried unanimously. At this time the Board recessed for lunch. Regular Meeting Re-convened 2:00 P.M. The regular meeting re-convened with all Commissioners present along with Clerk, County Attorney, County Administrator, members of the Consulting Engineering Firm, Press, Radio, and general public. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS ---- Mayor Hernandez discussed the recent recommendation of the Grand Jury for a total moratorium on all building in Monroe County. Mayor Hernandez then opened the floor for those persons wishing to speak for or against a total mora- torium in accordance with the recommendations of the Monroe County Grand Jury. The Following individuals spoke in favor of a total moratorium: W. R. Lazarus and James Keil. The f~llowing indiv~duals.spo~e against a total moratorium: Roy Klnser, Steve Mlrmelll, Mlke Lannon, Ed Kloski, Edwin Carter, E. Louis Fields, Dagney Wood, Jim Hendrick, Tom Fouts, William D. Miller, Harold Botshever, Tom Oro, Mike Seltenright, Stephen William Gilligan, Ronnie Gillman, Gil Jamonds and Joey Woods. After Board discussion a motion was made by Commissioner Sorensen and seconded by Commissioner 17 18 5 2 123 17 12 123 12 123 12 17 123 33 18 86 2 '028Z 134 37 2 127 134 127 84 134 98 Fahrer to reject the recommendation of the recent Grand Jury calling for a total moratorium of all building in Monroe County. Roll call vote was taken and carried unanimously. Commissioner Sorensen discussed the position of Director of Planning/Building/Zoning. Commissioner Sorensen then placed into nomination the name of Dr. Jeffrey Doyle for the position of Director of Planning/Building/Zoning. Commissioner Fahrer discussed the position and also placed into nomination the names of Jan Alrey, Randle Harvey and John Gideon. The County Administrator recommended that the name of Jan Alrey not be considered. The Board then pro- ceeded to vote on the nomination of Dr. Jeffrey Doyle as the Director of Planning/Building/Zoning. Motion carried with Commissioner Fahrer and Commissioner Harvey voting no. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to appoint Dr. Jeffrey Doyle as Director of PlanninglBuildinglZoning effective immediately at a salary of $32,000.00 per annum and also indicating that the position of Chief Planner not be filled at this time. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Harvey voting no. Commissioner Swift discussed the moratorium as it affects previously zoned motel and hotel properties in com- mercial developments. Mr. E. Lewis Fields, P.A., repre- senting Key Largo Property Owners addressed the Board. Mr. Ed Kloski of the Upper Keys Citizens Association addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen directing the County Attorney to draw the necessary documents for the purpose of excluding from the moratorium all previously zoned hotels and motels in commercial areas. Roll call vote was taken and carried unanimously. 2 Commissioner Sorensen asked for a point of personal privilege at this point and advised the Commission and the public present of the Birthday of County Administrator Kermit Lewin. Commissioner Fahrer discussed a proposed ordinance which would establish the criteria for the procedure to be used for the establishment of moratoria. The following individuals spoke concerning this matter: Fred Tittle, opposed; Tony O'Donell, City National Bank as Trustee, opposed and submitted exhibits A, Band C concerning the Garden Cove Project in the Upper Keys; Tom Fouts of Islamorada opposed; Lamar Lonise Curry a resident of Coral Gables and property owner in Monroe County oppposed; Mr. Jim Roberts opposed; Mr. Steve Mermelli opposed; and John Wilson of Key Largo opposed. Motion was made by Commissioner Fahrer to direct the Legal Department to prepare an enabling ordinance which would establish criteria for the establish- ment of moratoria. During discussion the motion was withdrawn by the maker. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to refer a letter from the South Florida Regional Planning Council concerning the establishment of moratoria to the County Attorney for his review and recommendation in two (2) weeks. Roll call vote was taken and carried with Commissioner Sorensen voting no. - 90 23 Motion was made by Chairman Hernandez and seconded by Commissioner Harvey to adopt a proclamation proclaiming June 13 through June 19, 1983 as Semana Alegre (Week of Joy) for the Latin-American Chamber of Commerce. Motion carried unanimously. 90 Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt the following proclamation proclaiming May 31, 1983 as William H. Hoffman Day. Motion carried unanimously. Commissioner Swift discussed an MAI appraisal by \ Z02~,' - Gene Gracer of the USO Building in the Monroe County Courthouse complex area. The amount of the appraisal was $256,000.00. Commissioner Swift advised the Board that the City Commission of the City of Key West appeared to be prepared at this time to sell this property to Monroe County and that it would require a $25,000.00 deposit as earnest money deposit on the purchase. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to direct the County Attorney to direct the County Administrator to forward a check for $25,000.00 as a binder for the purchase of the USO Building and adjacent property. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to approve the payment of $825.00 which represents one-half of the appraisal fee for the USO Building. Motion carried unanimously. Commissioner Harvey discussed a meeting to be held on Tuesday, May 31, 1983 at 2:30 P.M. with Mr. Ralph Zerata of the U. S. Marshall's Office concerning the Monroe County Jail. Mr. Harris of PBSJ discussed the recent facilities planning study which had been delivered to the Board this date. Motion was made by Commissioner Harvey and seconded by Chairman Hernandez to instruct the County Attorney to prepare a resolution and the Chairman to execute same com- memorating contribution of the Sisters of the Holy Name and to purchase a plaque. Motion carried unanimously. RESOLUTION NO.174-1983 See Res. Book No. 33 which is incorporated herein by reference. Commissioner Harvey discussed the Matecumbe Beach property. No action was taken. Commissioner Swift appointed Mr. Bill Wickers to the Tourist Development Council to replace Mr. John Magnolia. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to appoint Mr. Bill Wickers to the Tourist Development Council to replace Mr. John Magnolia contingent upon Mr. Wicker's resignation from the Port and Transit Authority. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the following resolution directing the County Attorney to prepare an ordinance to control and operate live-in vessels in Boot Key Harbor in accordance with Chapter 327 of the Florida Statutes; to pre- pare any and all needed and necessary bid requirements to enter a contract with a private operating firm; to provide the necessary requirements for such operation; to provide for the advertisement of such bids; creating an effective date. Motion carried unanimously. RESOLUTION NO.175-1983 See Res. Book No. 33 which is incorporated herein by reference. - Motion was made by Commissioner Sorensen and seconded by Commissioner Swift authorizing the refund of $150.00 Building Permit Fee to Marathon Shores Baptist Church. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve a waiver of Building Permit Fees for improvements at Burton United Methodist Church. Motion carried unanimously. 74 131 17 131 71 118 90 99 85 115 14 99 84 129 18 17 86 86 18 030 Z 37 17 23 99 75 85 Mr. Proby discussed an Order received from Pinellas County concerning the transfer of a case of the State of Florida vs. Swindler and the cost associated with that case. Mr. Wayne Miller, State Attorney's Office and Mr. John Keane, Monroe County Public Defender, discussed the transfer of the case. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to advise the Judge that issued the Order that the County would be responsible for only those expenses required by Law. Roll call vote was taken and carried with Commissioner Sorensen voting no. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Sub-Lease by and between Monroe County and the Islamorada Chamber of Commerce, Inc., for the purpose of establishing an historial museum rest station, Chamber of Commerce Building, and parking facility in Islamorada, Florida. Motion carried unanimously. RESOLUTION NO.176-1983 See Res. Book No. 33 which is incorporated herein by reference. Mr. Proby discussed the necessity for the lease of some property for the construction of the Copa D'Oro Bridge. 16 Motion was made by Commissioner Swift and seconded by 99 Commissioner Harvey to adopt the following resolution 75 authorizing the Chairman of the Board of County Commissioners to execute a Lease Agreement by and between Monroe County, Florida, and Harry B. Nason and Helen C. Nason for the purpose of leasing a portion of their property for storing of material and equipment so as to facilitate the building of the Copa D'Oro Bridge in Monroe County. Motion carried unanimously. 99 71 17 RESOLUTION NO.177-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion was made by Chairman Hernandez and seconded by Commissioner Harvey to adopt the following resolution concerning the early release of prisoner Felix Aguiar. Motion carried with Commissioner Sorensen voting no. RESOLUTION NO.141-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Chairman Hernandez to approve the following Fine and Forfeiture Expenditures: Court Appointed Attorney Fees: Henry Lee Morgenstern Henry Lee Morgenstern John Rotolo 862.50 320.00 634.37 Court Reporter Services: Brenda E. Farrell Brenda E. Farrell Certified Reporting Service Teresa A. Peterson Associated Court Reporters Certified Reporting Service Expert Witness Fees: Arthur T. Stillman, M.D. 1,204.60 161.25 72.75 45.60 89.55 20.00 3,462.50 Z 031'; Auto Allowance & Travel: (See attachments in agenda file) Total 10,256.97 20 . 00 $17,150.09 Regular Witness Fees: Motion carried unanimously with Commissioner Sorensen absent. - Motion was made by Commissioner Swift and seconded by Commissioner Harvey to approve the request for an addi- 115 tional $15,000.00 allocation from Tourist Development Tax 23 Funds for the Contract with the Greater Key West Chamber of 17 Commerce. Motion carried unanimously. 34 Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey authorizing the Clerk to re-advertise 17 the Fine and Forfeiture Fund and the Tourist Development Tax 115 Fund for the purpose of including unanticipated receipts. Motion carried unanimously. OPENING OF BIDS The Clerk advised the Board that he was in receipt of the bid from Key West for one (1) 1983 long bed van for the Monroe County Civil Defense Office. Proof of publica- 30 tion was entered into the records. Motion was made by 12 Commissioner Fahrer and seconded by Commissioner Harvey to authorize the Clerk to open the bids. Motion carried unani- mously. The Clerk advised the Board that he was in receipt of a bid from Duncan Ford, Lincoln-Mercury in the amount of $11,200.00. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to refer the bid to staff. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to approve the following Invoices: Alonzo Cothron, Final Payment on Duck Key Bridge No.1 in the amount of $35,671.87. 17 16 Alonzo Cothron, Final Payment on Duck Key Bridge No.2 in the amount of $28,567.90. 17 16 Roll call vote was taken and carried unanimously. OFFICIAL CORRESPONDENCE Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to acknowledge receipt of the Sheriff's report on forfeited vehicles and a letter from the Sheriff advising of the resignation of James Pat Hammons, effective April 22, 1983. 107 107 There being no further business the meeting was adjourned. - * * * * * * * * * * * *