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07/22/1983 Regular 0542 Regular Meeting Board of County Commissioners Friday, July 22, 1983 10:00 A.M., Marathon, Florida 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 Ralph W. White, Clerk; Danny Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the County's Consulting 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 A public hearing was held on an Ordinance creating a Monroe County Board of Parks and Recreation; providing for the number of members of said board and how they shall 84 become appointed; providing for the term of office of the 85 Board Members and for the procedure for organization of said 14 board; to provide for the responsibilities and duties of said board; to provide for the meetings of said board and the frequency of said meetings; providing for liaison bet- ween the board and the County Administration; providing for a severability of the various sections of said ordinance; providing the repeal of ordinances or parts of ordinances in conflict therewith; providing that said ordinance shall become part of the Code of Monroe County, and providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to read by title only. Motion carried unanimously. Ms. Margaret Pierce of Marathon spoke in favor of the proposed ordinance. Ms. Rose Yates and Ms. Majorie Burns also spoke in favor of the proposed ordinance. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to change paragraph 5 (b) to reflect "to cooperate with other recreational groups in the County". Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to continue the public hearing to the second advertised public hearing. Motion carried unanimously. A public hearing was held to consider the increase in the toll for Card Sound Bridge. Motion was made by 16 Commissioner Harvey and seconded by Commissioner Sorensen to read the notice. Motion carried unanimously. Proof of publication was entered into the records. The County Attorney read the notice of a public hearing for the purpose of increasing the toll for Card Sound Bridge to fifty cents (50~) per axle. Mr. Harris of Post, Buckley, Schuh and Jernigan, Inc., described and explained the necessity of increasing the rates for the purpose of covering the outstanding bond issue and providing for sufficient revenues for maintenance of the road and bridge. Mr. Joel Beardsley of Cudjoe Key favored the ordinance. Ms. Doris Terri of Ocean Reef oposed the ordinance and submitted petitions signed by people who also opposed the ordinance. Mr. Proby was asked to investigate the possibility of issuing discount books of tickets for frequent users of the bridge. Motion was made by Commissioner Swift to continue the public hearing until the next published hearing. During discussion the item was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to continue the lOSS" hearing to the next published hearing date. Roll call vote was taken and carried with Commissioner Sorensen voting no. - Mr. Proby addressed the Board and described the need for the public hearing to determine those properties that should be designated under the new zoning classifica- tion of RU-8. Proof of publication was entered into the records. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to read the resolution by title only. Motion carried unanimously. Mr. Don Peterson, Manager of Venture Out on Cudjoe Key, favored the ordinance. Dr. Phil Dobert of Seaside Resort, favored the ordinance. Mr. William M. Miller, Sr. of Outdoor Resorts of Long Key favored the ordinance. Mr. Fred Tittle, P.A., of Tavernier, questioned some items in the ordinance. Mr. Joel Beardsley of Cudjoe Key discussed the ordinance. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the following resolution declaring Seaside Resort, Inc., Venture Out at Cudjoe Cay, Inc., and Outdoor Resorts at Long Key, Inc., to be recreational parks declared as RU-8 classification as per Ordinance No. 004-1983. Motion carried unanimously. RESOLUTION NO.197-1983 See Res. Book No. 33 which is incorporated herein by reference. OPENING OF BIDS Next item was the opening of sealed bids for main- tenance of translator installation. Proof of publication was entered into the records. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize the Clerk to open the bids. Motion carried unani- mously with Commissioner Swift absent. The following bids were received: C & M Electronics, P. O. Box 10, Summerland Key, Florida 33042, Routine Preventative Maintenance $24,900.00 per year; emergency repairs $30.00 per-man hour during 8:00 A.M. and 5:00 P.M. Jon Johnson Marine Electronics, 2334 Overseas Highway, Marathon, Florida 33050, $23,800.00 per year or $1,985.00 per month plus additional charge for non routine repairs and equipment charge; grand total $3,885.00 per month or $46,620.00 per year. - Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to refer the bids to staff consisting of Mr. Harris of Post, Buckley, Schuh and Jernigan, Inc., Mr. Dick Akers of the Translator Committee and Mr. Henry Nauberit, the County's Translator Consultant to report back in two (2) weeks. Motion carried unanimously. Next item was the opening of sealed bids for one (1) new 1983 3/4 ton pick-up truck with service body. Proof of publication was entered into the records. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize the Clerk to open the bids. The following bids were received: Dolphin Ford, Inc. 9000 N.W. 7th Avenue Miami, Florida 33150 $11,296.00 Duncan Ford, Lincoln-Mercury 1618 Roosevelt Blvd. Key West, Fla. 33040 $11,993.00 127 99 85 12 117 12 123 '056 Z Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to refer the bids to Mr. Aguero for his recommendation. Motion carried unanimously. 12 102 Next item was the opening of sealed bids for the paving, grading, and drainage improvements to Junior College Road, Stock Island. Proof of publication was entered into the records. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to authorize the Clerk to open the bids. Motion carried unanimously. The following bids were receiv~d: The Brewer Co. of Fla. 9801 N.W. 106th Street Miami, Fla. 33178 $254,530.00 Charley Toppino & Sons, Inc. P. O. Box 787 Key West, Fla. 33040 $178,209.00 Frank Keevan & Son, Inc. 296 N.E. 60th Street Miami, Florida 33137 $297,371.50 Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to refer the bids to staff for a report back in two (2) weeks. Motion carried unanimously. Next item was the opening of sealed bids for bridge replacement (permanent) Yellowtail Bridge. Proof of publi- cation was entered into the records. Motion was made by 12 Commissioner Sorensen and seconded by Commissioner Fahrer to 16 open the bids. Motion carried unanimously. The Clerk advised the Board he was in possession of the following bids: Upper Keys Marine Const., Inc. P.O. Box 18AAA Key Largo, Florida 33037 $181,508.00 Internatnional Foundation 1230 N.W. 33rd Street Pompano Beach, Fla. 33064 The Doebler Co. P. O. Box 430075 Miami, Fla. 33143 $226,375.00 $263,001.14 Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to refer the bids to staff for a report 12 back in two (2) weeks. Motion carried unanimously. 39 Next item was the opening of sealed bids for the sale of the following surplus property: IBM Terminal (Model 3101) Inv. No. 0604-2-4 IBM Printer (Model 3102) Inv. No. 0604-1 Proof of publication was entered into the records. The Clerk advised the Board that he had received no bids. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to authorize the Clerk to dispose of the property in accordance with the provisions of Florida Law. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the Legal Department to ZOS7' auverl.l~e a PUDI1C nearlng on an ordlnance declarlng a mora- torium on all major developments permitted under Chapter VI, of the Code of Ordinances of Monroe County, except those in process as of February 9, 19B2. During discussion the motion was withdrawn. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to combine this item with Item H-7 on the Agenda. Motion carried unani- mously. - Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to authorize the Legal Department to advertise a public hearing on an ordinance establishing regulations and control of the use of waters, harbors, and anchorages in Monroe County with the requirement that two (2) public hearings be held. Mr. Joel Beardsley of Cudjoe Key discussed this item. Motion carried unanimously. The Clerk addressed the Board and advised he was in possession of two (2) proposals for the Tax Anticipation Notes for the funding of roadways in Cross Key Waterways Estates as follows: Islamorada Bank - Total amount of $200,000.00 at 9*% renegotiable each year. Boulevard Bank - Total amount of $200,000.00 at 7% renegotiable each year. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey authorizing the Clerk and the County Attorney to execute a Tax Anticipation Note and Warrant with the Boulevard Bank at their proposed rate of 7% for $200,000.00 and to adopt the following resolution. Motion carried unanimously. RESOLUTION NO.19B-19B3 See Res. Book No. 33 which is incorporated herein by reference. 84 134 127 93 84 129 12 17 17 99 Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to amend Item E-4, a resolu- tion requesting the Legislative Delegation for Monroe County to oppose any attempt by either the Legislative or Executive 99 branches of government of this State to encroach into the 118 powers, duties and responsibilities that are inherent to 76 local government, etc., with the following amendment: amend the fourth Whereas clause to delete the reference to "charter" and add the word "local". Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt said resolution as amended. Motion carried unanimously. RESOLUTION NO.199-19B3 See Res. Book No. 33 which is incorporated herein by reference. - Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to adopt the following resolution designating the Red Cross as the organization to whom contributions should be made in anticipation of or in the event of a hurricane. Motion carried unanimouSly. RESOLUTION NO.200-19B3 See Res. Book No. 33 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to adopt the following resolution authorizing the Chairman of the Board of County 99 30 058 Z 90 40 Commissioners of Monroe County, Florida, to execute a Corrective Deed by and between the County of Monroe, State of Florida, and Edward V. Lisoski and Eva G. Lisoski, con- veying a parcel of land being a portin of Wahine Drive located in Hawaiian Village Subdivision on Fat Deer Key. Motion carried unanimously. RESOLUTION NO.201-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to adopt the following resolution publicly acknowledging and thanking the School Board of 99 Monroe County, Florida, for deeding to Monroe County a par- 105 cel of land for use by the Tavernier Volunteer Fire Company 40 and Ambulance Corps., Inc. Motion carried unanimously. 54 RESOLUTION NO.202-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion was made by Commissioner Fahrer to approve Items E-8, E-10, and E-ll. During discussion this motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the following resolution 54 authorizing the Chairman of the Board of County 99 Commissioners of Monroe County, Florida, acting as the Board 75 of Governors of Municipal Service Taxing District No.6 to execute a Lease Agreement by and between Municipal Service Taxing District No.6 and the Key Largo Volunteer Ambulance Corps., Inc., for the purpose of leasing an emergency vehicle. Motion carried unanimously. RESOLUTION NO.203-1983 See Res. Book No. 33 which is incorporated herein by reference. 34 4 115 Motion was made by Mayor Hernandez and seconded by Commissioner Sorensen to postpone a resolution and execution of agreement by and between Monroe County, and Stuart Newman Associates, Inc., for the purpose of creating an advertising and marketing program for the County under the direct super- vision of the Key West Tourist Development Council for two (2) weeks. Motion carried unanimously. 99 77 Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to adopt the following resolution acknowleding the efforts of May Hill Russell in being responsible for the Monroe County Public Library. Motion carried unanimously. RESOLUTION NO.204-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to adopt the following resolution 99 authorizing the Sheriff to allow for County prisoners extra 71 good time for meritorious conduct of exception industry for 107 Michael Debold. Roll call vote was taken and carried with Commissioner Sorensen voting no. RESOLUTION NO.205-1983 See Res. Book No. 33 which is incorporated herein by reference. Z 05~ Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following reso- lution incorporating a biological assessment into the 99 records concerning the application of Ruben Cancillo to 127 palce 57 cubic yards of rip-rap boulders and fill material along a residential shoreline. Motion carried unanimously. ~ RESOLUTION NO.206-1983 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 incorporating a biological assessment into the records con- 99 cerning the application of Jack Dickson to control erosion 127 and provide improved boat mooring facilities. Motion carried unanimously. RESOLUTION NO.207-1983 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- lution incorporating a biological assessment into the records concerning the application of Turtle Kraals, Ltd., to construct two (2) 1361x61 terminal tees, etc. During discussion motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to change the word "suggested" to "required" in the resolution. Motion carried unanimously. Roll call vote was taken on the original motion as amended and carried unanimously. 99 127 RESOLUTION NO.208-1983 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- lutions concerning receipt of unanticipated funds from other governmental agencies. Motion carried unanimously. RESOLUTION NO.209-1983 RESOLUTION NO.210-1983 RESOLUTION NO.211-1983 RESOLUTION NO.212-1983 RESOLUTION NO.213-1983 RESOLUTION NO.214-1983 RESOLUTION NO.215-1983 RESOLUTION NO.216-1983 RESOLUTION NO.217-1983 99 17 See Res. Book No. 33 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commis~ioner Harvey to adopt the following resolution 99 transferrlng funds. Motion carried unanimouSly. 17 ..... RESOLUTION NO.218-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion was made by Mayor Hernandez and seconded by Commissioner Swift to adopt the following resolution approving the Plat of Still Beach for record. Roll call 88 vote was taken and carried unanimouSly. 99 z o~o RESOLUTION NO.219-1983 See Res. Book No. 33 which is incorporated herein by reference. 16 76 Dr. Jeff Fisher discussed with the Board the recent Legislation concerning the disposal of the old bridges and the committee which was appointed by that law for the pur- pose of meeting and discussing recommendations to be made to the State. He advised the Board that there was a meeting of this committee called for August 11, 1983 at the Casa Marina at 9:00 A.M. No further action was taken. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD 17 107 91 Mr. Ralph W. White, Clerk, addressed the Board and presented the Tentative Budget for Fiscal Year 1983-84. Mr. White also discussed the proposed Sheriff's Budget reflected in the Tentative Budget in the amount of $6,934,517.00. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to accept the Tentative Budget for Fiscal Year 1983-84 and the Tentative Millages as follows and also authorizing the Clerk acting as the County Budget Officer to notify the Property Appraiser in accor- dance with the provisions of Chapter 200.065 of the Florida Statutes calling for a Tentative Budget Hearing on September 9, 1983 in Marathon at 5:00 P.M. for all the Funds and Budgets of the Board of County Commissioners: MONROE COUNTY TENTATIVE BUDGET ALL FUNDS I982-1983 General Revenue Fund $11,647,606.51 Key West International Airport Combined Airport Revenue, Operations & Maintenance, Development & Replacement Fund 1965 Building Certificates 426,700.00 7,534,786.29 438,144.75 4,485,168.00 52,870.22 525,000.00 659,587.00 258,500.00 1,073,821.00 6,353,243.13 406,750.00 115,316.00 92,282.00 124,509.00 229,955.00 Fine & Forfeiture Fund Translator Fund Road & Bridge Fund Law Library Fund Tourist Development Trust Fund 1981 Improvement Bonds Fund Workmen's Compensation Fund Municipal Service District Fund Card Sound Bridge Operating Fund District 100-A (Stock Island - Key Haven) District 100-B (Big Coppitt) District 100-C (Sugarloaf) District 100-H (Big Pine) ~ Oft I District 2 (Marathon - Key Colony Beach) District 3 (Conch Key) District 4-A (500-L) (Layton) TOTAL FUNDS 200,414.00 130,345.00 50,483.00 141,135.00 184,861.00 286,616.00 35,418,092.90 District 4-B (Islamorada) District 5 (Tavernier) District 6 Proposed 1983-84 Millage Rates Operating Vot Total General Revenue Fine & Forfeiture 2.194 2.917 .075 2.194 2.917 .075 Health Clinic MSD (Waste) District 100A .687 1. 607 .464 .265 .258 .694 1. 706 .297 .556 .365 .4 .687 1. 607 .926 .265 .492 .739 1. 706 .297 1. 389 .365 .250 District 100B District 100C District 100H District 2 . 2 .0 District 3 District 4A District 4B District 5 .8 District 6 Translator .2 Cross Key Waterways Road District t t 165 Building Certificates tt.038 tt. 038 t Insufficient information to provide proposed millage rates at this time. - tt Debt Service. Roll call vote was taken and carried unanimously with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to 107 reschedule the regularly scheduled meeting of the Board of 17 County Commissioners of September 2, 1983 in Marathon to September 9, 1983 in Marathon. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to tentatively establish the Sheriff1s 'Zr 0 ~l. Budget for Fiscal Year 1983-84 at $6,934,517.00. During discussion a motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer amending the motion to pro- vide that this action would be subject to the hearing provi- sions as provided in Chapter 200.065 of the Florida Statutes. Roll call vote was taken on the amendment and carried with Commissioner Swift and Chairman Hernandez voting no. Roll call vote was taken on the original motion as amended and carried with Commissioner Swift and Chairman Hernandez voting no. The Board discussed the need to con- duct Budget Workshops. Mayor Hernandez called for a Budget Workshop Special Meeting to be held July 28, 1983 at 9:00 A.M., in the Commissioners Conference Room in Key West. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to set the First Tentative Budget Hearing as provided in Chapter 200.065 for September 9, 1983 at 5:00 P.M., in Marathon. Motion carried unanimously. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD 31 Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to approve the Minutes for the month of May, 1983. Motion carried unanimously. 17 Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to approve the following Warrants for July, 1983: WAR RAN T S GENERAL REVENUE FUND, BOULEVARD BANK, #108-110 in the amount of $83,641.80.---- GENERAL REVENUE FUND, MARATHON BANK, #32, in the amount of $34,574.30. GENERAL REVENUE FUND, FIRST AMERICAN BANK, #32, in the amount of $263,400.00~ SUPPLEMENT TO THE GENERAL REVENUE FUND, #114-117, in the amount of $84~95.28. FINE & FORFEITURE FUND, #256-267, in the amount of $1,385,306.70.- ---- ROAD ~ BRIDGE FUND, #220-227, in the amount of $1,288,293.76. . 1981 IMPROVEMENT BOND FUND, BOULEVARD BANK, #6-11, ln the amount of $15,637.28. ---- CAPITAL PROJECT FUND, #39, in the amount of $15,000.00. AIRPORT OPERATION & MAINTENANCE FUND, #155-160, in the amount of $113,477.71. - ---- TRANSLATOR FUND, #8-10, in the amount of $912.83. MUNICIPAL SERVICE TAXING DISTRICT, BOULEVARD BANK, #2, in the amount of $790.25. MUNICIPAL SERVICE TAXING DISTRICT, #1-2, in the amount of $6,717.67. LAW LIBRARY FUND, #89-92, in the amount of $1,528.95. CARD SOUND BRIDGE REVENUE FUND, #147-151, in the amount of $34,789.79. Z 063? - MSD TAX DISTRICT, #368-385, in the amount ot $705,303.01. --- WORKMENS COMPENSATION, #547-595, in the amount of $48,841. 40. MSD PLEDGED FUNDS, #3, in the amount of $48,768.73. TOURIST DEVELOPMENT TRUST FUND, #23-37, in the amount of $129,410.29. MSD TAX DISTRICT #100-B, #142, 143, 144, 145, 146, 147, 150,-r51:-Tn the amount of $81,545.34. MSD TAX DISTRICT #72, #142, 143, 144, 145, 146, 147, 150,-r51:-Tn the amounr-of $63,588.48. MSD TAX DISTRICT #73, #142, 143, 144, 145, 146, 147, 150,-r51:-Tn the amounr-of $81,025.91. MSD TAX DISTRICT #74, #142, 143, 144, 145, 146, 147, 150,-r51:-Tn the amounr-of $73,647.70. MSD TAX DISTRICT #75, #142, 143, 144, 145, 146, 147, 150,-r51:-Tn the amounr-of $82,446.01. MSD TAX DISTRICT #76, #142, 143, 144, 145, 147, 150, 151,-,0 the amount of-r59,750.15. MSD TAX DISTRICT #100-A, #142, 143, 144, 145, 146, 147, 150,-r51:-Tn the amount of $43,171.52. MSD TAX DISTRICT #100-C, #142, 143, 144, 145, 146, 147, 150,-r51:-Tn the amount of $60,552.12. MSD TAX DISTRICT #100-H, #142, 143, 144, 145, 146, 147, 150,-r51:-Tn the amount of $113,458.61. MSD TAX DISTRICT #500L, #142, 143, 144, 146, 147, 150, 151,-,0 the amount of $49,360.93. Grand Total $708,546.77 Motion carried unanimously. Motion was made by Chairman Hernandez and seconded by Commissioner Harvey to approve payment of the following 17 Fine and Forfeiture expenses: Competency and Psy. Evaluations Court Appointed Attorney Fees Other Expenses Court Reporter Services Interpreter Services W it n e ssP ayr 0 11 Grand Total 1,250.00 6,068.75 89.00 2,731.25 221.00 6,497.71 16,857.71 Motion carried unanimously. - Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve payment of the following bills: The Brewer Co. of Fla. ,Inc. - Approval of Payment No.1 - Paving and Grading Improvements, Cross Key Waterway Estates Subdivision - $72,280.52 Frank Keevan and Son, Inc. - Approval of Payment No.2 - Paving, Grading and Drainage Improvements, Cross Street, Stock Island - $142,564.50 17 34 17 34 064 z Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve payment of the following b ill s : Tourist Development Council Expenditures Grand Total 58.28 2,995.50 3,743.78 643.79 1,000.00 13.28 2,346.51 1,328.75 12,129.89 115 17 Pitney Bowes (Key West Chamber) Red Barn Theatre Key West Chamber (Services) Southern Bell (Key West Chamber) Tenn. Williams Fine Arts Council Key West Citizen Key West Cruise Ship Committee Tenn. Williams Fine Arts Council 4 17 Advertising Committee Expenditures Gemini Printing (U.K. Chamber) Layton/Long Key Chamber (Postage) Key West Chamber (Postage) Grand Total 1,580.00 120.00 1,520.00 3,220.00 Motion carried with Commissioner Sorensen absent. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve payment to Kemp 17 and Rosasco, CPA, in the amount of $6,600.00 for preparation 115 of financial statements and management letter for the 10 Tourist Development Council for Fiscal Year ending September 30, 1982. Motion carried unanimously with Commissioner Sorensen absent. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to approve the request of the Sheriff to expend funds from the Law Enforcement Training Fund in 107 the amount of $1,820.00 for the purchase of computer ter- 17 minals in accordance with his letter of July 19, 1983. 39 Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Chairman Hernandez to appoint Commissioner Fahrer to the Property Appraisal Adjustment Board. Motion carried unani- mously with Commissioner Sorensen absent. Motion was made 14 by Commissioner Swift and seconded by Commissioner Harvey to appoint Commissioner Sorensen to the Property Appraisal Adjustment Board. During discussion the motion was withdrawn. Motion was made by Chairman Hernandez and seconded by Commissioner Swift to postpone further con- sideration of this item for two (2) weeks. Motion carried unanimously. The Board recessed for lunch at this time. District 2 Meeting 2:00 P.M. ----- A District 2, Board of Governors Meeting convened at 2:00 P.M. Present and answering to roll call were 13 Commissioner Fahrer, Commissioner Harvey, Commission Radom, Commissioner Wright and Mayor Hernandez. Also present were Ralph W. White, Clerk; Danny Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the Press and Radio; and general public. Z-O~5 PUBLIC HEARINGS First item was a public hearing on a proposed ordi- nance amending Ordinance No. 1A-1982 pertaining to reimbur- sement of expenses to the fire and ambulance volunteers in the special dsitrict formed in Monroe County the same being Special Service District No.2. Proof of publication was entered into the records. No one in the audience spoke for or against the proposed ordinance. Motion was made by Commissioner Fahrer and seconded by Commissioner Wright to adopt said ordinance. Motion carried unanimoUSly. 84 54 17 ORDINANCE NO.001A-1983 See Ord. Book No.IIAII which iSlncorporated herein by reference. '\ \ LEGAL DEPARTMENT Motion was made by Commissioner Fahrer and seconded by Commissioner Radom to adopt the following resolution authorizing the issuance of Tax Anticipation Warrant for Municipal Service Taxing District No.2. Motion carried unanimously. 99 123 RESOLUTION NO.005-1983 See Res. Book No. A which is incorporated herein by reference. The County Administrator, Mr. Lewin, addressed the Board and advised that he had received a letter from the Marathon Volunteer Fire Department requesting that the District 2 Board reject the bids for refurfishment of 1976 12 Ford Tanker and authorize the re-advertisement. Motion was 54 made by Commissioner Harvey and seconded by Commissioner Fahrer to add this item to the agenda. Motion carried una- nimoUSly. Motion was made by Commissioner Harvey and seconded by Commissioner Radom to reject all of the bids for refurbishment of 1976 Ford Tanker in accordance with the request of the Marathon Volunteer Fire Department and authorizing the re-advertisement thereof. Motion carried unanimoUSly. The Clerk presented the Tentative Budget for Municipal Service Tax District No.2 for Fiscal Year 1983-84 as follows: 17 DISTRICT 2 MARATHON-(KCB) 54 1983-1984 114 Balance on Hand Beginning of Year $ 72,598.55 Anticipated Revenue County Taxes (481,827,575 x.000492) Less 5% 237,059.00 11,853.00) 225,206.00 15,656.13 Sub-Total - Transfers from District 3 Total Funds Available $313,460.68 Proposed Expenditures Fire District Expenditures $199,708.52 2. o~'- Contingency Reserve for Cash Balance 86,978.52 11,873.00 4,900.64 10,000.00 $313,460.68 Ambulance District Expenditures Commissions & Fees Total Proposed Expenditures 114 The millage to be levied on the 1983 Assessment Roll to pro- duce necessary tax revenue for this Budget for the ensuing Fiscal Year is: Operating Referendum Total .258 .234 .492 The Clerk advised the Board that this Budget was incor- porated in with the overall County Budget which was pre- sented to the Board this date and that they had accepted the Tentative Budget and agreed to call for a Tentative Budget Hearing on September 9, 1983 at 5:00 P.M., in Marathon in accordance with the provisions of Chapter 200.65 of the Florida Statutes. Motion was made by Commissioner Fahrer to adjourn the meeting. Motion carried unanimously. Regular Meeting Re-convened REPORTS & RECOMMENDATIONS OF BOARD MEMBERS 99 90 The regular meeting re-convened with all Commissioners and staff present. Mayor Hernandez introduced members of the Ground and Thompson families and described the heroic action of Laura Ground in saving the life of Mr. Thompson in a drowning incident. The County Attorney read a resolution of commendation into the records concerning the action of Ms. Ground. Commissioner Harvey, representing the Board of County Commissioners, presented a plaque to Ms. Ground for her heroic action. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the following resolution. Motion carried unanimously. RESOLUTION NO.220-1983 See Res. Book No. 33 which is incorporated herein by reference. REQUEST TO ADDRESS THE BOARD 17 92 Mr. John Keane, Public Defender, addressed the Board and formally presented checks totalling $18,348.35 as reimbursement under a new State Law for conflict cases. He advised the Board that the efforts of the Public Defender's Office, the Courts, and the Clerk was responsible in obtaining the funds and that he looked forward to at least the same amount of money next year. - REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator advised the Board that he was in possession of two (2) proposals for roofing to be 12 done at the Big Pine Fire House as follows: 54 Victor Roofing - $5,635.00 Yo Yo's Roofing & Sheet Metal - $3900.00 Yo YOIS Roofing & Sheet Metal - $300.00 ZOG? The County Administrator advised the Board that he had received a recommendation from Mr. Paros to award the propo- sal to the highest bidder. Motion was made by Commissioner 17 Sorensen and seconded by Commissioner Harvey to postpone 127 this item for two (2) weeks and requesting the County Administrator to get clarification from Mr. Paros as to his recommendation. Motion carried unanimously. ..... Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize payment of the bill for legal services to Albury, Morgan and Hendrick, P.A., in the amount $5,795.06 for representing the County in acquisition of funding for implementation of Area of Critical State Concern. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to accept the recommendation of the County's Consultants, Gallagher Bassett Insurance Co., to settle the Workmens Compensation Claim in the case of former employee of the Sheriff's Department Majors in the amount of $10,500.00 as recommended by the County Administrator. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to grant an exemption of a Building Permit Fee in the amount of $1172.00 for improve- ments by the Marathon Yacht Club on lands leased by the County. During discussion motion was made by Commissioner Fahrer and seconded by Commissioner Swift to postpone this item for two (2) weeks. During discussion a substitute motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to grant the request for an exemption of a Building Permit Fee to Marathon Yacht Club for improve- ments on lands leased by the County upon verification that the same is a non-profit organization. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Swift voting no. ..... Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to approve refunds of the following Building Permits: Greg Timmerman - $50.00; Bobby Hartley, Sr. - $75.00; David Hilton - $75.00; John F. Nolan - $75.00; and Richard and Shirlee Thaler - $100.00. During discussion motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve refund in the amount of $75.00 to Bobby Hartley. Motion carried unani- mously. Motion was made by Commissioner Harvey and seconded by Chairman Hernandez to approve a refund in the amount of $75.00 to David Hilton. Roll call vote was taken and failed with Commissioner Fahrer, Commissioner Sorensen, and Commissioner Swift voting no. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to approve a refund in the amount of $75.00 to John F. Nolan. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Sorensen voting no. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to deny the request of Greg Timmerman in the amount of $50.00. Roll call vote was taken and carried with Commissioner Harvey and Mayor Hernandez voting no. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to approve a refund in the amount of $100.00 to Richard and Shirlee Thaler. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to approve a permit for rip- rap dock and dredging for A. H. Schaefer per staff recommendation. During discussion a motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to 2 69 107 17 17 18 86 17 18 86 17 18 86 127 86 068 Z 127 86 75 85 63 106 108 12 2 amend to provide for the approval of the rip-rap only. Roll call vote was taken on the motion to amend and carried with Commissioner Harvey and Mayor Hernandez voting no. During discussion a motion was made by Commissioner Harvey and seconded by Commissioner Swift to postpone this item for two (2) weeks. Roll call vote was taken on the motion to post- pone and failed with Commissioner Sorensen, Commissioner Swift, and Chairman Hernandez voting no. Roll call vote was taken on the original motion as amended and carried with Commissioner Sorensen and Mayor Hernandez voting no. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to approve a variance to the Flood Hazard Ordinance for Jim Mander's Yacht Shop, Inc., and Joaquin Alvarado. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Harvey voting no. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve a lease between Monroe County and Outdoor Resorts at Long Key, Inc., on County property located on Long Key with a ninety (90) day cancellation clause. During discussion motion was made by Commissioner Swift and seconded by Commissioner Fahrer to postpone this item for two (2) weeks. During discussion motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to amend to provide for a payment of $750.00 per year instead of $500.00 per year with a ninety (90) day cancellation clause. Roll call vote was taken on the motion to amend and carried unanimously. An amendment was made by the maker to provide that the approval would be conditional upon the approval of the County Attorney. This amendment was accepted by the seconder and became part of the original motion as amended. Roll call vote was taken on the motion as amended and carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve a request for continuing funding of the Monroe County In-Home Services, Community Care for the Elderly Program from July 1, 1983 until June 30, 1984. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to authorize the County Administrator to advertise the following items for bid: 1975 Dodge Ambulance - SN# B35BFX005109 1975 Chevrolet Ambulance - SN# CGY355U184037 Sears Chain Saw - SN# 8993 15 Burroughs Validating and Receipting Machines 1953 International Bulldozer - SN# TCB504DG 1977 Gould Water Pump - SN# 7991-13 1953 Austin-Western Topedo Crane Truck - SN# 82-01885 1962 Recodak Film Reader - SN#MPE-1-471 1962 MP Eng. Co. Headphones - SN# 26744A 1971 MP Eng. Co. Headphones - SN# 267-463 1973 Rescue Vehicle - SN# BZ8AF3X091537 and to dispose of the following items: 1973 Sears Coldspot 22,000 BTU Air Conditioner, #125 22 36 S, Key West International Airport, beyond repair 2 Ramps used in the moving of voting machines, beyond repair Rotating Beacon, #7201A-2, Marathon Airport, beyond repair 1975 IBM Typewriter, #6420193, beyond repair 1978 IBM Typewriter, #5031769, beyond repair 1973 Royal Typewriter, #1148928, beyond repair Z069.' - repair - repair repair repair repair repair 1975 Sanyo Recorder, #7571822, beyond repair 1973 Friden Calculator, #17709, beyond repair 1973 Singer Calculator, #22000, beyond repair 1959 File Cabinet, beyond repair 1959 File Cabinet, beyond repair 1977 Victor Calculator, #5290-152, beyond repair 1975 Singer Calculator, #3723, beyond repair 1975 Singer Calculator, #20735, beyond repair 1976 Singer Calculator, #3341, beyond repair 1977 Singer Calculator, #26716, beyond repair 1972 Singer Adding Machine, #5905649, beyond repair 1972 Singer Adding Machine, #5907059, beyond repair 1976 United Calculator, #4105, beyond repair 1974 Singer Calculator, #406912, beyond repair 1974 Bogen Amplifier, MX6A-T, beyond repair 1970 IBM Typewriter, #6450380, beyond repair 1970 IBM Typewriter, #5684909, beyond repair 1973 Royal Typewriter, #1153-126, beyond repair 1973 Singer Calculator, #5712583, beyond repair 1971 Singer Calculator, #38517, beyond repair 1974 Victor Calculator, #4675769, beyond repair 1972 Remington Calculator, #4004235, beyond repair 1976 Singer Calculator, #7228, beyond repair 1977 Adler Calculator, #71071015, beyond repair 1976 Amana Air Conditioner, #22300333, beyond 1976 Battery Charger, #7201-193, beyond repair 1954 Fire Extinguisher, #673-19, beyond repair 1964 Hand Truck, #673-39, beyond repair 1967 Metal Shelving, #673-87, beyond repair 1970 Wheel Chair, #673-142, beyond repair 1963 Refrigerator, #7201-37, beyond repair Wood Rocking Chair, #5231-225, beyond repair Fedders Air Conditioner, #5523-341, beyond repair Tone Plectron, #R719B#-118676, beyond repair American Sun Mark Sheel Chair, #64338, beyond 1972 Remington Typewriter, #K0861430, beyond repair Sears Lawn Mower, #136887, beyond repair 1975 Whirlpool Air Conditioner, #7201A-5, beyond 1977 Kenmore Vacuum Cleaner, #7201-A-I0, beyond 1977 Comco Portable Radio, #30684, beyond repair 1977 Comco Portable Radio, #37575, beyond repair 1973 IBM Typewriter, #6749810, beyond repair 1959 IBM Typewriter, #81-1195193, beyond repair 1969 Friden Adding Machine, #84598, beyond repair 1975 MP Audio Corp. Turn Table, #40648, beyond 1978 Victor Calculator, #7731887, beyond repair 1978 Victor Calculator, #5385447, beyond repair 1977 Texas Instrument Calculator, #4738114, beyond 1976 GE Intra-Vehicle Comm & Control, #5105-27A, beyond repair 1974 Hewlett Pocket Calculator, #13646A 37149, beyond repair 1970 Frigidaire Air Conditioner, #24Y06378, beyond - repair 1979 1972 Friden Adding Machine, #5907059, beyond repair 1966 Remington Adding Machine, #784891, stolen in 1972 Friden Adding Machine, #5905649, beyond repair Motion carried unanimously. 106 Motion was made by Commissioner Sorensen and 108 seconded by Commissioner Fahrer to approve Senior Community 63 070Z 127 86 Service Project Application for period of July 1, 1983 through June 30, 1984. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to approve the following variances to the AICUZ Zone: Susan Pierce - variance,for property located at Lot 7, Block 5, Porpoise Point, Section 4, Big Coppitt Key Alfonso Nodal - variance for property located at Lot 12, Block 10, Porpoise Point, Section 6, Big Coppitt Key Griffith Thurston - variance for a Special Use Permit for property located at Tract IIAII, Porpoise Point, Section 6, Big Coppitt Key Drs. Philip R. Dobert & James D. Malgrat - variance 127 for property located in Section 22, Township 67 S., Range 26 86 E., Big Coppitt Key, presently zoned RU-6, for boat and 85 trailer (recreational vehicle) storage). Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to approve payment of the following 17 bills for pauper burial per staff recommendation: 22 106 108 63 106 108 63 17 33 33 123 131 48 19~ 84 123 Pritchard Funeral Home - John Doe - $400.00 Lopez Funeral Home - Fermin Perez - $400.00 Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve Monroe County General Revenue Social Services Transportation Program for Purchase of Services Proposal for period of July 1, 1983 to June 30, 1984. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve Monroe County Older American1s Transportation Program, Title III-B, amend- ment to Contract for period of July 1, 1983 to December 31, 1983. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve payment of Invoice No. 15 to Post, Buckley, Schuh and Jernigan, Inc., in the amount of $3,135.36 for the month of May 1983. Motion carried unanimously. Next item was a request for Post, Buckley, Schuh and Jernigan, Inc., to make a site selection study for treatment of septic tank pumpings and sludge. Ms. Marilyn Johnson of Cudjoe Key questioned this item. Mr. Joel Beardsley of Cudjoe Key also questioned this item. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to approve with Mayor Hernandez not present and Commissioner Sorensen acting as Mayor pro tem. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to authorize the Legal Department to advertise and call for a public hearing on the proposed ordinance establishing Special Assessments for 1984. Motion carried unanimously with Mayor Hernandez absent and Commissioner Sorensen acting as Mayor pro tem. REPORTS ~ RECOMMENDATIONS OF BOARD MEMBERS Motion was made by Commissioner Fahrer and seconded z '~1 ..... by Commissioner Harvey to authorize the FOP to use Harry Harris Park on December 11, 1983 and also to grant a one (1) 86 day permit for the use of alcholic beverages. Motion 85 carried unanimously with Mayor Hernandez absent and Commissioner Sorensen acting as Mayor pro tem. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to extend the Contract with Kermit Lewin as County Administrator for a period of one (1) year from its expiration date. During discussion a motion was made by Commissioner Sorensen and seconded by Commissioner Swift to table this motion. Roll call vote was taken on the motion to table and failed with Commissioner Fahrer, Commissioner Harvey, Commissioner Sorensen and Mayor Hernandez voting no. Motion was made by Commissioner Swift to postpone this item for two (2) weeks. During discussion the motion was withdrawn. Roll call vote was taken on the original motion and failed with Commissioner Sorensen, Commissioner Swift, and Chairman Hernandez voting no. 34 2 Motion was made by Commissioner Harvey and seconded by Commissioner Swift to appoint Mr. Bill Daniels to replace Mr. McClain on the Industrial Bond Committee. Motion carried unanimously. 14 132 Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution expressing appreciation and commending Joe Roth, of Tavernier Creek Marina for a new 191 Aquasport Center Console Boat with Johnson 150 h.p. motor, to be used by the Monroe County Sheriff's Department in the Upper Keys and stored at Tavernier Creek Marina without charge and available for emergency use. Motion carried unanimously. 9Q 90 107 RESOLUTION NO.221-1983 See Res. Book No. 33 which is incorporated herein by reference. Commissioner Harvey was to discuss re-advertisement of the present County Budget. This item was withdrawn. 17 Motion was made by Commissioner Swift and seconded by Commissioner Harvey to appoint Ms. Ida Barron to the 4 Monroe County Advertising Commission to replace Mr. Bill 14 Wickers. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Dr. David Rice of the Middle Keys Guidance Clinic addressed the Board concerning the request for an allocation to provide interim services for the period of July, August and September, 1983 necessitated by the closing of the Lower 17 Keys Guidance Clinic. He indicated that funds available in the Budget could be reallocated for this purpose. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to allocate the sum of $17,704.00 from the existing Budget of the Lower Keys Mental Health Clinic and the Baker Act Transportation Budgets for the purpose of funding an interim program as proposed by Dr. David Rice who would also provide the transportation services for the rest of the clinics in the County and authorizing the execution of the necessary contracts and also the transfer of funds required to create the accounts. During discussion Dr. Richard Mathews, Director of the Upper Keys Guidance Clinic briefly addressed the Board. Roll call on the motion ' carried with Commissioner Harvey voting no. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS - LEGAL DEPARTMENT Commissioner Swift discussed his proposed exemption O?2Z from the moratorium of hotel/motel properties. Ms. Helen Divoll of Sugarloaf Shores Property Owners Association 134 discussed this item. Mr. Joel Beardsley of Cudjoe Key also 127 discussed this item. Mr. Bob Ernst of Marathon and Mr. Ed Davidson of the Citizens Coalition opposed this proposal. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to amend the proposed ordinance to exempt RU-7 properties from the moratorium and to authorize the County Attorney to advertise for a public hearing on an ordinance declaring a moratorium on all major developments permitted under Chapter VI, of the Code of Ordinances of Monroe County, except those in process as of February 9, 1982. Motion carried with Commissioner Fahrer and Commissioner Harvey voting no. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to approve this item as amended. Roll call vote was taken and carried with Commissioner Harvey voting no. Commissioner Sorensen discussed and made a lengthy 55 report on the activities of the Building/Planning/Zoning 14 Committee and its work with the County staff and the staff 127 of the Department of Community Affairs. Meeting recessed in order to hold a Board of Appeal Hearing. Board of Appeals 4:00 P.M. The Board of County Commissioners sat as the Board of Appeals to hear two (2) appeals. Present were all the Commissioners along with County staff. Thomas T. Wiley, Jr., requests the Board of County Commissioners to reverse the decision of the Monroe County 13 Board of Adjustment sitting as an Appeal1s Board, in denying 99 an administrative appeal regarding density and height requirements for a proposed development on Lot 1 of Galen Beach Subdivision, as located in Section 23, Township 63 South, Range 37 East, Windley Key, Zoned RU-3. Proof of publication was entered into the records. Michael Halpern, P.A., representing Dr. Wiley and Dr. Lowe, the appellants, addressed the Board. Mr. William Russell, Assistant Director of Building/Planning/Zoning addressed the Board concerning this matter as he was the Acting Director at the time. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the following resolution and authorizing the Chairman to execute same granting the appeal and reversing the deci- sion of the Board of Adjustment. Motion carried with Commissioner Harvey voting no. RESOLUTION NO.222-1983 See Res. Book No. 33 which is incorporated herein by reference. 13 99 Next appeal was continuation of appeal filed by Lawrence R. Dion, requesting that the Monroe County Board of County Commissioners reverse the decision of the Monroe County Board of Adjustment in denying the request for a variance of 13 feet to build up to 12 feet from the rear setback on Lot 1, Block 1, of Summerland Cover Amended Plat, as recorded in Plat Book 4, page 135, and located in Section 25, Township 66 South, Range 28 East, Summerland Key, Mile Marker 25, Zoned BU-2. Proof of publication was entered into the records. Mr. Lawrence R. Dion, appellant, discussed his %. 0'3 appeal with the Board. Ms. Mary Jean Bruce a member of the Board of Adjustment requested to address the Board and upon advise of Counsel the Mayor ruled that she was out of order and could not speak on the issue. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to deny the appeal and uphold the decision of the Board of Adjustment. Roll call vote was taken and failed with Commissioner Fahrer, Commissioner Harvey and Mayor Hernandez voting no. At this point Commissioner Sorensen and Commissioner Swift left the meeting. Motion was then made by Commissioner Fahrer to grant the appeal and reverse the decision of the Board of Adjustment. Motion died for lack of a second. After discussion motion was made by Commissioner Fahrer and seconded by Mayor Hernandez to grant the appeal and to reverse the decision of the Board of Adjustment and to adopt the following resolution authorizing the Chairman to execute same. Motion carried unanimously with Commissioner Sorensen and Commissioner Swift absent. RESOLUTION NO.223-1983 See Res. Book No. 33 which is incorporated herein by reference. There being no further business before the Board of Appeals it was adjourned. The Board returned to the regular meeting. Regular Meeting Re-convened The regular meeting re-convened with all Commissioners present along with Danny L. Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the Press, Radio, and general public. PUBLIC HEARINGS Public Hearing was held on amended Supplemental Budget of the Monroe County Tourist Development Trust Fund for Fiscal Year 1982-83. Proof of publication was entered into the records. No one in the audience spoke for or against the proposed Supplemental Budget. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve the following Supplemental Budget for the Tourist Development Tax Fund for Fiscal Year 1982-83: 17 115 SUPPLEMENTAL BUDGET MONROE COUNTY TOURIST DEVELOPMENT TRUST FUND Estimated Cash Balance Forward $628,178.97 31,408.95) 86,212.73 $682,982.75 Tourist Development Tax (State of Florida) Less 5% Total Revenues - Chamber of Commerce $396,066.90 262,915.85 24,000.00 Promotional Advertising Cultural Events Zo~ Total Appropriations $682,982.75 Roll call vote was taken and carried unanimously. LEGAL DEPARTMENT The County Attorney discussed a problem concerning Building Permit and Stop Work Orders issued concerning the property of Marathon Liquors, Inc. Mr. Frank Greenman, 86 Attorney, representing Marathon Liquors, Inc., addressed the 18 Board concerning the history of the problem associated with 37 the Building Permits and the subsequent Stop Work Orders issued by County staff. Mr. John Bigler, Attorney, repre- senting Mr. G. Broch Hook, a property owner in the area, addressed the Board and objected to the continuing work on the property of Marathon Liquors, Inc. Mr. Ed Davidson of the Citizens Coalition addressed the Board concerning the procedures used in this case. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to accept the recommendation of the County Attorney to accept the proposed settlement between Monroe County and Marathon Liquors, Inc., concerning the Building Permits and the Stop Work Orders issued by County staff upon Marathon Liquor, , Inc., providing a survey showing that the improvements do not encroach upon the existing set backs and also contingent upon the dismissal of the law suit filed by Marathon Liquor, Inc., against the County with prejudice. During discussion motion was made by Chairman Hernandez and seconded by Commissioner Fahrer to postpone this item for two (2) weeks. This motion was withdrawn. Roll call vote was taken on the original motion and carried with Commissioner Fahrer voting no. Motion was made by Commissioner Fahrer and seconded 93 by Commissioner Swift to authoriz the County Attorney to 84 advertise a public hearing concerning the definition of 127 IIstoryll in the Monroe County Code. Motion carried unani- mously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following resolution 99 reaffirming the provisions of Resolution No. 266-1982 5 relating to acquisition of a 40' strip of existing S.R.5 R/W adjacent to the Marathon Airport; directing Monroe County's Consulting Engineers to undertake redesign of affected area of U.S.l/S.R.5 and file grant applications with State and Federal Agencies; proscribing procedures for same; providing for interim and permanent funding for engineering services and certain airport-related improvements; requesting the Florida Department of Transportation to consider acce- lerating actual scheduled construction of the Marathon Airport area U.S.l/S.R.5 Four Laning Project. Motion carried unanimously. RESOLUTION NO.224-1983 See Res. Book No. 33 which is incorporated herein by reference. 55 37 Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize Settlement of Appeal of the Department of Community Affairs in reference to Fisherman1s Pointe. Motion carried unanimously. -- Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following resolution 99 approving Change Order No.2, amending the Contract by and 34 between Frank Keevan and Son, Inc., and Monroe County 102 covering additional work done on Cross Street Road Project. Motion carried unanimously. RESOLUTION NO.225-1983 See Res. Book No. 33 which is incorporated herein by reference. Z 075 - REPORTS ~ RECOMMENDATIONS Q[ BOARD MEMBERS Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the following appointments to the Fine Arts Council: Mary J. Caliquire, 29 Driftwood Drive, Key West, replacing Peter Erlenbush, for a four (4) year term. Fred Shaw, 1317 Sunset Drive, Key West, replacing Roosevelt Sands who resigned for the remainder of the two (2) year term. Sally Wendslow, Treehouse, 138 Plantation Boulevard, Islamorada, replacing Bob Hoyt who resigned for the remainder of the two (2) year term. Linda Monaco, 3015 Overseas Highway, Marathon, replacing Jackie Wicks who resigned for the remainder of the two (2) year term. Helen L. Burton, 228 Bougainvillea, Tavernier, replacing Fred Phillips whose term expired in June for two (2) years. 53 14 Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer authorizing the County Attorney to 86 prepare and advertise an ordinance amending the existing 17 ordinance to provide for the deletion of fees required for 84 the erection of residential antennas. Motion carried unani- mously. --- Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer that upon receipt of confirmation of the approval of the award of funds from the U. S. Marshal1s Office for the purpose of providing additional jail space to authorize the County Attorney to proceed to advertise for architects under the Competitive Negotiations Act. During discussion Commissioner Fahrer withdrew her second. Motion died for lack of a second. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift declaring that an emergency existed in that the County was required to comply with a Federal Court Order and a time limit placed upon the obligation of funds to be received from the U. S. Marshal's Office for the purpose of expanding the Jail Facility. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Harvey voting no. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift authorizing the County Administrator to negotiate with the firm of Post, Buckley, Schuh and Jernigan, Inc., and McCoy and Wolfberg Alvarez for the pre- paration of plans and specifications for an addition to the Jail Facility in Key West to be constructed with funds pro- vided by the U. S. Marshal1s Office and in accordance with the exemption from the Competitive Negotiations Act in cases of public emergencies as setforth in the preceeding motion of the Board. Roll call vote was taken and carried with Commissioner Harvey voting no. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve out of County travel for Commissioner Harvey for the month of May to Tallahassee for Conch Day, June 16, 1983 to an HRS Board Meeting in Miami, and June 20, 1983 to a meeting of the Dade/Monroe Mental Health Board in Miami. Motion carried unanimously. Motion was made by Chairman Hernandez and seconded by Commissioner Fahrer to authorize and approve the travel 17 71 63 31 07& Z 31 31 55 71 42 109 85 63 31 99 of Commissioner Sorensen and Dr. Jeff Doyle to Tallahassee on June 11 and 12, 1983. Motion carried unanimously. Motion was made by Chairman Hernandez and seconded by Commissioner Sorensen to approve travel to Tallahassee for Commissioner Fahrer for the purpose of visiting Dr. DeGrove of the Department of Community Affairs on May 9 and 10, 1983. Motion carried unanimously. Commissioner Harvey discussed a recent meeting of the Redevelopment Authority and their reaction to the County's request for additional space. Motion was made by Commissioner Swift and seconded by Commissioner Harvey authorizing the County Administrator to write to the Redevelopment Authority officially requesting that they con- sider the allocation of additional space to Monroe County for the purpose of expanding the Jail and Government Facilities in Key West. Motion carried unanimously. 2 Commissioner Harvey discussed recent action con- cerning the Department of Forestry employees in Monroe County. No action was taken. Commissioner Harvey briefly discussed the con- sideration by the State of Florida for a grant for improve- ments to Higgs Beach Park. No action was taken. Mayor Hernandez made a report concerning his recent attendance to a NACO National Meeting in Milwaukee. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to adopt the following resolution recognizing the election of a Commissioner, Harvey Ruvin, of the Dade County Commission, as the 4th Vice-President of the National Association of County Commissioners. Motion carried unanimously. RESOLUTION NO.226-1983 See Res. Book No. 33 which is incorporated herein by reference. UNFINISHED BUSINESS An item concerning the creation of two (2) new positions with the Emergency Services Coordinator1s Office 2 was referred to the Budget Meeting called for July 28, 1983. 17 The Board briefly discussed the consideration of approval of the Monroe County Zoning Board Administrative Procedures. It was agreed to defer this item for two (2) 127 weeks. During discussion Ms. Marilyn Johnson of the Zoning 14 Board discussed the need to have this acted upon imme- diately. Upon further discussion and statements made by Ms. Johnson a motion was made by Commissioner Sorensen and seconded by Commissioner Swift to remove Ms. Johnson from the Zoning Board for cause. During the discussion the motion was withdrawn by the maker. Motion was made by Chairman Hernandez and seconded by Commissioner Harvey to postpone this item for two (2) weeks to be taken up at the beginning or near the beginning of the Agenda in two (2) weeks. Motion carried unanimously. There being no further business the meeting was adjourned. * * * * * * * * * * * * * * \