Loading...
10/14/1983 Regular Z145 - Regular Meeting Board of County Commissioners Friday, October 14, 1983 10:00 A.M., Marathon A regular meeting of the Board of County Commissioners convened on the above date. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner Wilhelmina Harvey, Commissioner Ed Swift and Chairman Jerry Hernandez, Jr. Commissioner Ken Sorensen was absent. Also present were Danny L. Kolhage Deputy Clerk; Lucien Proby, County Attorney; Edward Stickney, Acting County Administrator; members of the Press and Radio; mem- bers of the Consulting Engineering Firm; and general public. PUBLIC HEARINGS A public hearing was held on a proposed ordinance establishing regulations and control of the use of waters, harbors and anchorages in Monroe County. Proof of publica- tion was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to read the proposed ordinance by title only. Motion carried unanimously. The following people spoke concerning the pro- posed ordinance: Ms. Grace Maniello of Big Pine Key questioned; Joann Frye of MORE favored; Mr. Bob Ernst of the Middle Keys Citizens Association favored. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt said ordinance. Roll call vote was taken and carried unanimously. ORDINANCE NO.022-1983 See Ord. Book No.6 which is Tncorporated herein by reference. AWARDING OF BIDS Next item was the awarding of bids for Group, Life, Accidental Death and Dismemberment Insurance, Health Benefit Administration. Ms. Donna Perez, the County's Insurance Specialist, addressed the Board and advised the Board that the staff recommendation was to accept the bid of Arthur Gallagher and Company, third party administrator for the Monroe County Self-Insured Group, Life, Accidental Death and Dismemberment Insurance and Health Benefit Administration. Mr. John Emerson, Group Manager of Gulf Life, addressed the Board concerning their proposal. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to award the bid to Arthur Gallagher and Company pursuant to the recommendations of County staff and the County's Insurance Consultants. During discussion Motion was made by Mayor Hernandez and seconded by Commissioner Harvey to post- pone this item for two (2) weeks. Roll call vote was taken on the motion to postpone and failed with Commissioner Fahrer, Commissioner Harvey, and Commissioner Swift voting no. Roll call vote was taken on the original motion and carried unanimously. LEGAL DEPARTMENT - Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the Legal Department to advertise and call for a public hearing on a proposed ordi- nance amending Ordinance No. 19-80, Section 8-20; providing for the collection of delinquent Special Assessments. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the Legal Department to advertise and call for a public hearing on a proposed ordi- 14GZ nance providing that the Code of Ordinances be amended by revising Chapter 3, Animals and Fowl, and Chapter ,8, Garbage, Trash and Refuse, for the purpose of maklng . District Eleven Health Inspectors for the State of Florlda limited Health Code Violations Inspectors under the Code Enforcement board. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to authorize Jeff F~sher, on beha~f of the Florida Keys Artificial Reef Associatlon, ~o advertlse and call for bids for the removal of the derellct barge to the artificial reef site. Motion carried unanimously. The Board discussed a memorandum from the Airport Director concerning renewal of present sign leases and the newly requested leases by individuals desiring sign space under the terms and conditions contained in the standard sign lease agreement incorporating the new rental fees for said leases. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the County Attorney to prepare and the Chairman to execute the following leases: Alamo Rent A Car at Key West International; Stephen and Amy Zafir, d/b/a Amy's of Key West, Inc. at Key West International; Captex, Inc., at Marathon Airport; Duncan Ford, Lincoln-Mercury at Key West International; Hertz at Key West International; Knight Realty, Inc., at Key West International; Old Town Realty, Inc., at Key West International; Mariott's Casa Marina Resort at Key West International; The Galleon at Key West International; Five 6-6666 Cab Co., at Key West International; and The Banyan, at Key West International; with the correction of the dates to reflect 1983-84. Commissioner Swift discussed the fact that he had an interest in the Five 6-6666 Cab Company's Lease and asked that it be excluded from the motion. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to authorize the County Attorney to prepare the lease with the Five 6-6666 Cab Co and the Chairman to execute. Roll call vote was taken and carried unanimously with Commissioner Swift abstaining. Mr. Proby discussed the apparent abandonment of the lease with Monroe County by Dolphin Airways at the Key West International Airport. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to not amend the lease and to notify Dolphin Airways of the cancellation of the lease under the terms and conditions thereof. During discussion the motion was withdrawn. Motion was made by Commissioner Swift and seconded by Mayor Hernandez to post- pone this item for two (2) weeks. Motion carried unani- mously. - Motion was made by Commissioner Fahrer and seconded by Chairman Hernandez to adopt the following resolution approving Change Order No.1 amending the Contract by and between Upper Keys Marine Construction, Inc., and Monroe County, Florida, covering an extension of time to complete Bridge Replacement (permanent), Copa D'Oro Bridge Project. Motion carried unanimously. RESOLUTION NO.270-1983 See Res. Book No. 34 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Contract by and between the Board of County Commissioners and Carmel ita T. Gossard d/b/a C & M Electronics. Motion carried unanimously. Z141 RESOLUTION NO.271-1983 See Res. Book No. 34 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following resolution incorporating a biological assessment into the records con- cerning the application of Phillip Skove for construction of rip rap and dock. Motion carried unanimously. RESOLUTION NO.272-1983 See Res. Book No. 34 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to adopt the following resolution incorporating a biological assessment into the records con- cerning application of Roman Buch for construction of seawall and fill. Motion carried unanimously. RESOLUTION NO.273-1983 See Res. Book No. 34 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to adopt the following resolution transferring funds. Motion carried unanimously. RESOLUTION NO.274-1983 See Res. Book No. 34 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Swift discussed the Board's recent action concerning Class C air conditioning licensees. Mr. Joe Bell of Tavernier addressed the Board. Mr. Joe Hagopian, a licensed mechanical contractor in the Upper Keys addressed the Board. During discussion the Board was advised that Robert Devitt, Sr., had resigned from the Licensing Examing Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to appoint Mr. James Aultman, Contractor, to serve on the Licensing Examing Board to replace Mr. Robert Devitt, Sr. Roll call vote was taken and carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS TRANSLATOR BOARD MEETING The Board now sat as the Translator Board. Mr. Frank Shortman, addressed the Board concerning the Translator Board's recommendation of the purchase of a Tower Light Monitor System from Emcee at a cost of $21,500.00. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to accept the recommendation of the Translator Committee and authorize the purchase of a Tower Light Monitor System from Emcee at a cost of $21,500.00 to be paid out of the Translator Fund. Motion carried unani- mously. Mr. Proby addressed the Board concerning the current Translator Ordinance and indicated that the ordi- nance should be amended to exclude the City of North Key Largo Beach which was included in the original ordinance in error. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the County Attorney to advertise and call for a public hearing on an ordinance to correct the Translator Ordinance to eliminate the City of North Key Largo Beach. Motion carried unanimously. 148Z The Translator Board meeting adjourned and the regular meeting re-convened. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Motion was made by Commissioner Harvey and seconded by Commissioner Swift to approve the following Warrants for September, 1983: WAR RAN T S GENERAL REVENUE FUND, #12299-13094, in the amount of $1,385,541.49. GENERAL REVENUE FUND, MARATHON BANK, #35, in the amount of $9,192.34. GENERAL REVENUE FUND, FIRST AMERICAN BANK, #35, in the amount of $61,429.15. GENERAL REVENUE FUND FRS, #114, in the amount of $72,514.45. SUPPLEMENT TO THE GENERAL REVENUE FUND, #125-126, in the amount of $30,669.12. FINE & FORFEITURE FUND, #287-290, in the amount of $35,545.96. ROAD & BRIDGE FUND, #245-246, in the amount of $105,268.84. TOURIST DEVELOPMENT FUND, #60-64, in the amount of $67,669.09. CROSS KEY WATERWAYS ESTATES FUND, #01-02, in the amount of $101,836.59. AIRPORT OPERATION & MAINTENANCE FUND, #177-178, in the amount of $23,492.10. MSD TAXING DISTRICT, FLA. KEYS FIRST STATE BANK, #03, in the amount of $4,780.14. TRANSLATOR FUND, #15, in the amount of $295.52. LAW LIBRARY FUND, #98-99, in the amount of $921.60. CARD SOUND BRIDGE FUND, ISLAMORADA BANK, #04-06, in the amount of $9,424.43. MSD TAX DISTRICT, #414-416, in the amount of $141,053.51. WORKMENS COMPENSATION, #685-701, in the amount of $17,681.69. MSD PLEDGED FUND, #07-08, in the amount of $609,811.00. MSD TAXING DISTRICT, BOULEVARD BANK, #03, in the amount of $1,703.85. MSD TAX DISTRICT #100-B, #160,161,162,163,164, in the amount of $53,644.89. MSD TAX DISTRICT #72, #160,161,162,163,164, in the amount of $63,003.18. Z149' - MSD TAX DISTRICT #73, #160,161,162,163,164, in the amount of $28,433.93. MSD TAX DISTRICT #74, #160,161,162,163,164, in the amount of $40,543.03. MSD TAX DISTRICT #75, #160, 161,162,163,164, in the amount of $67,006.64. MSD TAX DISTRICT #76, #161,162,163,164, in the amount of $23,245.93. MSD TAX DISTRICT #100-A, #160,161,162,163,164, in the amount of $19,834.45. MSD TAX DISTRICT #100-C, #160,161,162,163,164, in the amount of $48,468.19. MSD TAX DISTRICT #100-H, #160,161,162,163,164, in the amount of $38,947.70. MSD TAX DISTRICT #500-L, #160,161,162,163,164, in the amount of $14,172.59. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve the Minutes for August and September, 1983. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Chairman Hernandez to approve payment of the following Fine and Forfeiture Expenditures: Competency ! ~ Evaluations Richard Hellman John P. Mihalovick Simon B. Miranda 625.00 625.00 350.00 Court Appointed Attorneys Samuel J. Nuccio 125.00 Other Expenses State of Florida 439.64 Court Reporting Services Assoc. Court Reporters Services Broward Reporting Service, Inc. Certified Reporting Services Kathleen A. Fegers Stephen E. Moore Rapid Reporting 1,077.00 58.25 509.20 180.40 110.00 92.75 Interpreting Services Tana DeGamez Humberto R. Jimenez Jerome Grapel - GRAND TOTAL 75.00 55.00 45.00 4,367.24 Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to approve payment of the following Advertising Commission Expenditures: ~50Z Stuart Newman Assoc. (Media Trade) Stuart Newman Assoc. (Newspaper) Stuart Newman Assoc. (Aug. Exp.) GRAND TOTAL 605.00 7,751.15 3,084.54 11,440.69 and the following Tourist Development Council Expenditures: 10,000.00 2,793.34 18,900.00 Key West Power Boat Race Assoc. Greater Key West Chamber of Comm. Beach Adv. (Power Boat Race) Aquarius Travel (Royal Bahamian Police Band) Spanish Gardens Motel (Royal Bahamian Police Band) Southern Bell FM 107 Conch Republic Bed Race Key West Fishing Tournament Key West Community Concerts Key West Citizen Stuart Newman Assoc. (Aug. Fee) Stuart Newman Assoc. (Outdoor Media Aug.) Stuart Newman Assoc. (Aug. Media) Stuart Newman Assoc. (Aug. Magazine Media) Stuart Newman Assoc. Fee) Stuart Newman Assoc. (Aug. Prod.) 3,364.00 7,338.00 428.78 820.71 1,953.99 166.50 26.56 3,792.47 1,765.00 6,653.73 530.00 (Aug. Cultural 1,816.50 1,731.74 Motion carried unanimously. 62,081.32 REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The Acting County Administrator, Mr. Stickney, advised the Board that the current balance in contingency was $254,415.08. The Clerk advised that this did not include the recent adjustment of $9,000.00 for the purpose of reinstituting Legal Aid Services. Mr. Stickney also advised the Board that the City Manager had requested a meeting with the City Commission and the County Commission concerning the sale of the USO Building. Mr. Stickney was asked to set up a meeting as soon as possible. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the Chairman to sign Lease between the State of Florida and the County for Medical Examiner Services. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize submission of application for Rural Community Fire Protection Cost-Sharing Funds, Title IV. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize a refund in the amount of $21.00 to Marilyn E. White for a permit acquired in error per staff recommendation. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to authorize a refund in the amount of $6,993.00 to Warren E. Daniels Construction Co., due to miscalculation on plumbing and mechanical fees; Permit No. 10820A, Big Pine Key Shopping Center, per staff recommen- dation. Motion carried unanimously. Z151 ----- Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve a refund in the amount of $30.00 to Lynn Harley-Pleas for permit for land clearing issue in error per staff recommendation. During discussion motion was made by Commissioner Fahrer and seconded by Commissioner Swift to postpone this item for two weeks. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve payment of Invoice No. 17 in the amount of $2,249.67 to Post, Buckley, Schuh and Jernigan, Inc., for incidental services performed for the month of July. Motion carried unanimously. Commissioner Fahrer and seconded by Commissioner Swift to approve payment in the amount of $32,132.73 to Post, Buckley, Schuh and Jernigan, Inc., for services ren- dered in August, 1983. During discussion Commissioner Harvey discussed the need for engineering report to review the work being done by R. W. Taylor for modifications to the incinerators. Motion was made by Commissioner Harvey and seconded by Commissioner Swift instructing Post, Buckley, Schuh and Jernigan, Inc., to make a report to the Board in two (2) weeks with a proposal and estimate of cost to pro- vide a review of the work currently being done by R.W. Taylor to modify the incinerators. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to authorize the advertisement for full-time custodial services at the Marathon Airport. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to authorize the advertisement of the following items presently stored in the County Garage for sale subject to sealed bids: Inv. #0978-4, 1973 Ford i Ton Pick-up Truck Inv. #0940-36, 1966 Chevrolet Bus, converted to water truck. #0903-241, 1974 Plymouth, Valiant #0903-240, 1973 Ford Torino S/W #1001-65, 1976 Ford Granada Sedan #1001-64, 1976 Ford Granada #4102-246, 1957 Clark Ford Lift #4102-102, 1964 Ford Van #4102-14, 1963 Chevrolet Truck, converted to water #0920-265, 1974 Ford Crew Cab Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to approve a variance to the AICUZ Zone for Mr. William D. Sywetz and Ms. Patricia S. Gray on Lot 2, Block 13, Tamarac Park, as recorded in Plat Book 6, page 55, and located in Section 27, Township 67 South, Range 26 East, Geiger Key, AICUZ Zone 2-B (70-75db), zoned RU-5. Motion carried unanimously. ..... Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to authorize the Chairman to execute an Engagement Letter with Kemp & Rosasco, CPA, for audit of the Community Service Block Grant for the period of April 1, 1983 through September 30, 1983 not to exceed $500.00. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following resolution 152 Z authorizing the Chairman of the Board of County Commissioners to execute an official Contract by and between the Board of County Commissioners and the Area Agency on Aging for Dade and Monroe Counties, United Way of Dade County, Inc., for USDA Nutrition Program for period of . October 1, 1982 through September 30, 1983. Motion carrled unanimously. RESOLUTION NO. 275-1983 See Res. Book No. 34 which is-,ncorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve a refund in the amount of $27.00 to John Burns for cancellation of Permit No. B9570 for roof repairs per staff recommendations. Motion carried unanimously. Next item was a request for permission to call for bids for two (2), 1-Ton Trucks with lifting devices two (2) 3/4 Ton Trucks, one (1) Trashmaster, and one (1) Sedan for the Neighborhood Trash Department (MSD). Mr. Bob Ernst addressed the Board and questioned this item on the agenda. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to authorize the advertisement and calling for bids of said items. Motion carried unanimously. During discussion the Chairman instructed the County Administrator to analyze the new car needs for the next year and to prepare a report to the Board. UNFINISHED BUSINESS Next item was replacement for Rhonda Rennenbaum on Fantasy Fest Committee. No action was taken. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve an amendment with the PBA lease at Key West International Airport to include leasing an additional 9652 square feet to park ground equipment. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer authorizing the Attorney to prepare and the Chairman to execute resolution authorizing the execution of said lease. Motion carried unanimously. RESOLUTION NO.276-1983 See Res. Book No. 34 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mr. Curtis Blair representing the Florida Keys Memorial Hospital addressed the Board concerning the transportation of patients to hospitals in Miami. He also addressed the Board concerning the need for Legislation con- cerning the care of indigent patients. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey authorizing the County Attorney to prepare and authorizing the Chairman to execute a resolution supporting Florida Keys Memorial Hospital's efforts to resolve the problems con- cerning the "medically indigent"; calling upon all interested persons including the Florida Task Force on cost containment and consumer choice in health care and also the Florida Legislature to support such an effort to secure additional revenue sources for the "indigent medical patients". Roll call vote was taken and carried with Commissioner Fahrer absent. Mayor Hernandez introduced Mr. George Avery, Administrator of the Florida Keys Memorial Hospital. l Z 153~~ RESOLUTION NO.277-1983 See Res. Book No. 34 which is incorporated herein by reference. .-- Mayor Hernandez discussed assessments of property in Monroe County. Commissioner Fahrer discussed the effect Critical Concern has on Monroe County Tax Roll. Motion was made by Chairman Hernandez and seconded by Commissioner Harvey to adopt the following resolution requesting the Governor and the Cabinet of the State of Florida to use their best efforts to obtain for Monroe County relief from the intolerable tax burden placed on this County because of circumstances beyond the County's control; that the Governor and Cabinet address the question of relief for Monroe County in it's Ad Valorem Tax problems with par- ticular emphasis on the burden created by the designation of Monroe County as lIan area of Critical State Concern II as prescribed by Chapter 380 of the Florida Statutes; requesting the Governor and Cabinet to make available per- sonnel or aid possible in this critical time for Monroe County. Motion carried unanimously. RESOLUTION NO.278-1983 See Res. Book No. 34 which is incorporated herein by reference. Mr. Proby was advised to seek an appointment for the Board Members to meet with the Governor to discuss the problem of assessments in Monroe County. Motion was made by Chairman Hernandez and seconded by Commissioner Fahrer to approve travel for any Board Member to meet with the Governor as soon as the appointment can be made. Motion carried unanimously. Ms. Helen Divoll, Sugarloaf Key, briefly addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to take from the table consideration of the resolution concerning Majorie Stoneman Douglas. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to adopt the following resolution designating November 27, 1983 as IIMajorie Stoneman Douglas Dayll. Roll call vote was taken and carried unanimously. RESOLUTION NO.279-1983 See Res. Book No. 34 which is incorporated herein by reference. At this time the Board recessed for lunch. 2:00 P.M. - A meeting of the Board of Governors, District 2, convened at 2:00 P.M. Present were Commissioners Fahrer . , Felner, Harvey, Radom and Mayor Hernandez. Also present were Mr. KOlhage, Deputy Clerk; Mr. Proby, County Attorney; Mr. Stickney, Acting County Administrator; members of the Press, Radio, and general public. Motion was made by Commissioner Feiner and seconded by Commissioner Radom to authorize a turntable rotation bearing replacement on the 1950 American LaFrance Aerial Ladder Truck that is assigned to the Marathon Volunteer Fire and Rescue, Inc. Motion carried unanimously. Motion was made by Commissioner Feiner and seconded by Commissioner Fahrer to adopt the following resolution 1;54: Z authorizing the Chairman of the Board of Governors of Municipal Service District No.2 to execute an Agreement by and between Municipal Service Taxing District No. 2 a~d Fishermen's Hospital, Inc., for the purpose of operatlng an ambulance service. Motion carried unanimously. RESOLUTION NO.007-1983 See Res. Book IIAII which is incorporated herein by reference. Commissioner Feiner discussed a letter he had writ- ten to Mr. White concerning Health Insurance benefits for volunteers. This matter was referred to Mr. Lewin, the County Administrator and the Insurance Department for a report back to the Board. The District 2 Board of Governors adjourned at this time. The Regular meeting re-convened. REQUEST TO ADDRESS THE BOARD Dr. Keith D'Amato and Mr. Richard J. Fowler of the Lower Key Health Clinic addressed the Board concerning the need for additional appropriation to fund the clinic. Motion was made by Commissioner Fahrer and seconded by Chairman Hernandez to authorize an additional appropriation of $17,076.00 to the Guidance Clinic from the Contingency Fund. After discussion Motion was made by Mayor Hernandez and seconded by Commissioner Swift to postpone this item for two (2) weeks. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mr. Ross Elwell of the Marathon Runners Club addressed the Board concerning the request for the closing of the Seven Mile Bridge for the purpose of conducting the Annual Seven Mile Run. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift authorizing the County Attorney to prepare a resolution authorizing the closing of the Seven Mile Bridge for the purpose of con- ducting the Annual Seven Mile Run. Roll call vote was taken and carried unanimously. RESOLUTION NO.280-1983 See Res. Book No. 34 which is incorporated herein by reference. Ms. Kim Romano Pollock, Director of the Wesley House and Mr. William Westray addressed the Board concerning the appropriation for the Life Guards at the Community Pool. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to appropriate the sum of $28,000.00 from the Contingency Fund for the purpose of funding the Life Guards at the Community Pool. Motion carried unani- mously. Commissioner Harvey discussed a recent ordinance passed levying a $40.00 per parcel Special Assessment Fee. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to declare an emergency waiving the requirements to advertise a public hearing under the provi- sions of Florida Statutes 125.66(3). Roll call vote was taken with Mayor Hernandez voting no. The motion failed due to lack of a four-fifth majority vote. The Chairman indi- cated that a workshop had been called for 9:00 A.M., October 28, 1983 which is a regular meeting date for the purpose of discussing Solid Waste and water quality matters. Z 155 - Mr. Tom Hardin, President of the Florida.Ke~s Contractors Association, discussed the current BUlldlng Permit Fee structure and indicated that the increased fees have not produced improvements in the services prov~ded by that Department. This matter was referred to the Dlrector of the Building/Planning/Zoning Department and the County Administrator for a report. At this point Mayor Hernandez is out and Commissioner Harvey is acting as Temporary Chairman. The Board briefly discussed the work program pro- duced by the Planning Department. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to commend the work done by the Planning Department and to approve the work program as submitted. Roll call vote was taken and carried unanimously. Following this item Dr. Doyle read a Joint DCA and Monroe County Press Release con- cerning the work program. Commissioner Fahrer briefly discussed the Grand Jury Report and its criticism of the Building Departments inspection process. - Commissioner Fahrer discussed a letter from Dr. Gissendanner of the Department of Natural Resources requesting a conveyance of certain County land adjacent to the Bahia Honda Park. At this time Mayor Hernandez returned to the meeting and assumed the Chair. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to authorize the County Attorney to prepare and the Chairman to execute the following resolution authorizing the conveyance of the property adjacent to the Bahia Honda Park currently owned by Monroe County. Motion carried unanimously. RESOLUTION NO.281-1983 See Res. Book No. 34 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Mr. proby discussed the need to amend on an emergency basis the current Cross Key Waterways Estates Ordinance establishing a Special Taxing District. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to declare an emergency waiving the requirement to advertise a public hearing under the provisions of Florida Statute 125.66(3). Mr. Proby read the new ordinance in its entirity. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following ordi- nance amending Ordinance No. 005-1983 by deleting paragraph 3 of Section 4 and substituting a new paragraph therefore; declaring said ordinance an emergency; providing for the severability of the same and an effective date. Roll call vote was taken and carried unanimously. - ORDINANCE NO.023-1983 See Ord. Book No.6 which is lncorporated herein by reference. Mr. Proby discussed a request to disclaim certain County property adjacent to a road. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer authorizing the preparation and execution of a resolution authorizing the execution of a Disclaim Agreement with Jack Thomas, Trustee. Motion carried unanimously. RESOLUTION NO.282-1983 See Res. Book No. 34 which is incorporated herein by reference. '1.5GZ Motion was made by Chairman Hernandez and seconded by Commissioner Fahrer to adopt the following resolut~on authorizing Edward L. Stickney to execute doc~ments.wlth the U. S. Marshal's Office in his capacity as.ProJect.Dlrector and Agent for Monroe County. Motion carrled unanlmously. RESOLUTION NO.283-1983 See Res. Book No. 34 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift authorizing the advertisement for the removal of a barge on Rockland Key. Motion carried unani- mously. ..... Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following r~solutio~s concerning receipt of unanticipated funds. Motlon carrled unanimously. RESOLUTION NO.284-1983 RESOLUTION NO.285-1983 RESOLUTION NO.286-1983 RESOLUTION NO.287-1983 RESOLUTION NO.288-1983 RESOLUTION NO.289-1983 See Res. Book No. 34 which is lncorporated herein by reference. The County Attorney then requested authority to employ Counsel on a part-time basis on the Upper Keys instead of sending a staff person to the Upper Keys whenever necessary. Motion was made by Commissioner Swift and seconded by Chairman Hernandez to authorize the County Attorney to employ Counsel on a part-time basis on the Upper Keys. Roll call vote was taken and carried unanimously with Commissioner Harvey absent for roll call. Mr. Bob Harris of Post, Buckley, Schuh and Jernigan, Inc., made his report concerning the bids on Drainage Improvements at U.S. Highway 1 on Big Coppitt Key. He recommended that the bid be awarded to the low bidder, Frank Keevan and Son, Inc., in the amount of $36,443.00. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to accept the recommendation of Post, Buckley, Schuh and Jernigan, Inc., and award the Drainage Improvements at U. S. Highway 1 on Big Coppitt Key to Frank Keevan and Son, Inc., in the amount of $36,443.00. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve payment of the bill for Upper Keys Marine Construction for the Yellowtail Bridge in the amount of $23,098.50. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve payment of bill from Upper Keys Marine Construction for the Copa D'Oro Bridge in the amount of $37,033.09. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve Application for Payment to Coral Construction Company for work at the Multi-purpose Senior Citizens Center in Marathon in the amount of $20,000.00. Motion carried unanimously. Mayor Hernandez read a letter into the records from the Department of Agriculture concerning fire services in Monroe County. The regular meeting was adjourned. '- Z 15~ Board of Appeals Hearing 4:00 P.M. - The Board of County Commissioners sat as the Board of Appeals. Present were Commissioners Fahrer, Harvey, Swift and Mayor Hernandez. Marathon Liquors Sales, Inc., requests the Board of County Commissioners to reverse the decision rendered on June 10, 1983, and to reverse the decision of the Monroe County Board of Adjustment in denying their request for a variance of 616" to build up to 1816" of the North property line and a variance of 1619" to build up to 813" of the West'property line on Lots 163 to 168 of Little Venice #2, as recorded in Plat Book 3, page 26, and located in Section 6, Township 66 South, Range 33 East, Key Vaca, Mile Marker 53, zoned BU-2 with a BU-2C. Mr. Frank Greeman addressed the Board concerning his clients appeal. Motion was made by Commissioner Swift and seconded by Chairman Hernandez to adopt the following resolution reversing the decision of the Board of Adjustment and approving the request of Marathon Liquor Sales, Inc., to reverse the decision of the Zoning Board of Monroe County, Florida denying a dimensional variance as it pertains to the side setbacks only. Roll call vote was taken and carried unanimously. RESOLUTION NO. 290-1983 See Res. Book No. 34 which is-,ncorporated herein by reference. Public Hearing Moratorium Ordinance A public hearing was held on a proposed ordinance declaring a moratorium on all Major Developments permitted under Chapter 6 of the Code of Ordinances except those in process as of February 9, 1982, except those exempt therefrom as hereinafter set forth. Present were Commissioners Fahrer, Harvey, Swift and Mayor Hernandez. Also present were Mr. Kolhage, Deputy Clerk; Mr. Proby, County Attorney; Mr. Stickney, Acting County Administrator; members of the Press, Radio, and general public. Proof of publication was entered into the records. Prior to commencing the public hearing the Chairman recognized Mr. Larry Kiesey from the Department of Community Affairs. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to read the proposed ordi- nance by title only. The following individuals spoke: Mr. Charles Drost of the Upper Keys Citizens Association read a ~etter received by one of it's members from the DCA and also from the Governors Office; Ms. Diana Curtis, Attorney for Sacama Bay and the Lower Keys Property Owners Association and Cudjoe Shores Property Owners Association favored the ordinance without exemption. Mr. Bill Moore, Vice President of the Organized Fishermen of Florida, favored the ordinance with an exclusion for fishing areas. Ms. Grace Maniello of the Big Pine Key Civic Association favored a total mora- torium including Ocean Bluff but excluding fishing area. Mr. Jerry Parrish favored a moratorium including the Spoonbill Project. Ms. Rosemary Bondus of the Upper Keys Citizens Association favored an ordinance without exclu- sions. Mr. Bob Ernst, President of the Middle Keys Citizens Association also favored a moratorium without exclusion. Mr. Jim Hendricks representing Mr. George De Carion and Mr. Jim Roberts. Mr. Mark Lartecky and Lynn Kephart of Spoon Bill addressed the Board concerning their project. Mr. I I 158 Z William Westray of the Florida Keys Citizens Coalition favored a total moratorium. Mr. Ed Davidson of the Audubon Society of Monroe County favored a total moratorium. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to amend the ordinance to include a moratorium on any changes in zoning that would increase density. Roll call vote was taken and failed with Commissioner Swift and Mayor Hernandez voting no. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to eliminate Section 4 in its entirity. Roll call vote was taken and failed with Commissioner Swift and Mayor Hernandez voting no. Motion was made by Commissioner Swift to adopt the ordinance. Motion died for lack of a second. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to substitute the language in paragraph 2, page 1 of Ordinance No. 15-1983, "That no applications for major developments under the provisions of the ordinances of this County or Florida Statutes Chapter 380, accepted by the Planning Department of Monroe County shall be processed which were not at the initial conference on or before February 9, 1982.", for Section 4 of the proposed ordinance. During discussion Commissioner Swift withdrew his second and the motion died for the lack of a second. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to continue the public hearing for two (2) weeks. Motion carried unanimously.