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12/16/1983 Regular198 Z Regular Meeting Board of County Commissioners Friday, December 16, 1983 10:00 A.M., Plantation Key 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 Jerry Hernandez, Jr., Commissioner Ken Sorensen, Commissioner Ed Swift, and Chairman Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Kermit Lewin, County Administrator; Lucien Proby, County Attorney; members of the County's Consulting Engineering Firm; members of the Press and Radio; and general public. Everyone stood for the Invocation given by Pastor Bruce Porter of the Island Community Church and remained standing for the Invocation. PUBLIC HEARINGS First the Board held a public hearing on HUD Impact Programs. Mr. Robert Bensko, Grants Consultant, discussed the HUD's Small Cities Program. Proof of publication was entered into the records. There was no public input. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following resolution and authorizing the Chairman to execute concerning jobs impact. Motion carried unanimously. RESOLUTION NO.334-1983 See Res. Book No. 35 which is incorporated herein by reference. Next the Board held a public hearing on regular HUD Program. Proof of publication was entered into the records. Mr. Robert Bensko discussed with the Board and indicated that the target areas were in the Marathon and Key Largo areas. There was no public participation. Mayor Harvey indicated that this was the first of two (2) required public hearings. Motion was made by Mayor Harvey and seconded by Commissioner Sorensen to call a special meeting of the Board of County Commissioners on December 19, 1983 at 11:00 A.M., at 310 Fleming Street, Key West for the purpose of con- ducting a second public hearing under the HUD regular program. During discussion Commissioner Sorensen withdrew his second to the motion. The motion was seconded by Commissioner Fahrer. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve a request from the Sheriff to secure a loan in the amount of $177,000.00 for a period of two (2) fiscal years with payments to be made from the Sheriff's budget under the General Services's Purchase Contract for 1984 police patrol vehicles. Motion carried unanimously. OPENING OF BIDS Next item was the opening of sealed bids for road- way improvements to Key Largo Roads. (Mile Marker 101 to Mile Marker 103, Key Largo). Proof of publication was entered into the records. The Clerk advised the Board that there were two (2) bids on the table. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the Clerk to open the bids. Motion carried unani- mously. The following bids were received: Z1 9. The Brewer Co. of Florida, Inc. 9801 N.W. 106th Street Miami, Florida 33178 $119,018.20 Community Asphalt Corp. P. 0. box 9179 Pembroke Pines, Florida 33084 $ 79,945.40 Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to refer the bids to staff. Motion carried unanimously. Next item was the opening of sealed bids for full- time maintenance services for cleaning and lawn care of the Marathon Airport Terminal Building, Marathon. Proof of publication was entered into the records. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to authorize the Clerk to open the bids. Motion carried unanimously. The Clerk advised the Board he was in possession of the following bids: Karen For Your Lawn P. 0. Box 1384 $700.00 per month Marathon, Florida (and will provide equipment) William Butler Horton, Jr. P. 0. Box 615 Marathon, Florida 33050 $7,775.00 per year Sparkle & Shine P. 0. Box 382 $849.59 per month Key Colony Beach, Fla. 33051 Alt.$933.79 per month Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to refer the bids to staff. Motion carried unanimously. The next two (2) items were combined, opening of sealed bids for the sale of surplus property, office machi- nes, and opening of sealed bids for sale of surplus pro- perty, motor vehicles and equipment. Proofs of publication were entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to authorize the Clerk to open the bids. Motion carried unani- mously. Prior to opening the bids the Clerk advised that United Way had requested the use of Item #0903-274. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to transfer No. 0903-274 to The United Way for their use. Motion carried unanimously. The following bids were received: Fork Hubert Williams: Lift - $3.00 Phillip Crusie: $101.00. One (1) #4102-246 - 1957 Clark One (1) #4102-102 - 1964 Ford Van - Baird Rental & Sales: One (1) #2321F-6, 1973 IBM Typewriter - $5.00; One (1) #2559-100, 1973 IBM Typewriter - $5.00; One (1) #0903A-16, 1975 IBM Typewriter - $5.00; One (1) #0903A-18, 1978 IBM Typwriter - $5.00; One (1) #0903A-19, 1973 Royal Typewriter - $5.00; One (1) #0903A-143, 1974 IBM Typewriter - $5.00. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to refer the above bids to staff for their recommendation. During discussion a substitute motion was made by Commissioner Sorensen and seconded by Commissioner Swift to award the above items to the bidders in accordance with their response. Motion carried unani- mously. Motion was made by Commissioner Sorensen and 20OZ seconded by Commissioner Swift authorizing the County Administrator to dispose of the balance of the items in accordance with the provisions of Florida Law. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mr. Ron Herron of HRS addressed the Board con- cerning a Lease with HRS and Monroe County for the Juvenile Facilities. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer authorizing the preparation and execution of an amendment to the Lease providing for an effective date of October 1, 1982. Motion carried unani- mously. Mr. Frank Shortman and Mr. Henry Nauberit of the Translator Committee addressed the Board concerning the Translator System and recommended that the Board accept the system. Mr. Harry Mahoney, Keys Electronic Systems, addressed the Board concerning this system. Mr. Dick Akers of Big Pine Key, members of the Translator Committee, addressed the Board. Mr. Fred Tittle, Attorney in Tavernier, addressed the Board and opposed the acceptance of the system. Mr. John Saul of EMCEE Corp., addressed the Board. Mr. John Seney of the Translator Board addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to accept the system and also instructing the Translator Committee to give top priority to the solution of the problem experienced in the Tavernier area. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen No Commissioner Swift No Mayor Harvey Yes Motion failed. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to accept the system con- tingent upon the receipt of a favorable opinion from an out- side expert concerning the operation of the system in relation to specifications, to be received within the next ten (10) days. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez No Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey No Motion carried. At this time the Board recessed for lunch. Board of Governors, District 2 2:00 P.M. A District 2, Board of Governors Meeting convened at 2:00 P.M. Present and answering to roll call were Commissioners Fahrer, Feiner, Hernandez, Radom and Mayor Harvey. Also present were Mr. Kolhage, Clerk; Mr. Proby, County Attorney; Mr. Lewin, County Administrator; members of the Press, Radio, and general public. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to adopt the following reso- lution authorizing the Chairman of the Board of Governors of Z 201 Municipal Service Taxing District No. 2 of Monroe County, Florida, to execute an Agreement by and between Special Taxing District No. 2 and Marathon Volunteer Fire and Rescue, Inc., to provide for reimbursement of volunteers for expenses relating to services. Motion carried unanimously. RESOLUTION NO.008-1983 See Res. Book "A" which is incorporated herein by reference. Next item was the opening of sealed bids for the refurbishment of one (1) 1976 Ford Tank. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer authorizing the Clerk to open said bids. Motion carried unanimously. The Clerk advised the Board that he was in receipt of one (1) "no bid" response from South Florida Mack Trucks and one (1) bid from Emergency One (W.Q. Dowling) in the amount of $69,950.00. Motion was made by Commissioner Fahrer and seconded by Commissioner Radom to refer the bid to Mr. Paros and the Marathon Volunteer Fire Department for their recommendation. Motion carried unanimously. Motion was made by Commissioner Finer and seconded by Commissioner Fahrer to adjourn the meeting. Motion carried unanimously. Regular Meeting Re -Convened The regular meeting re -convened with all Commissioners present along with Mr. Kolhage, Clerk; Mr. Proby, County Attorney; Mr. Lewin, County Administrator; members of the Press and Radio; and general public. LEGAL DEPARTMENT Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to adopt the following reso- lutions: Resolution authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Municipal Service Taxing District No. 1-A, to execute an Agreement by and between Special Taxing District No. 1-A and Stock Island Volunteer Fire Department, Inc., to provide for reimbur- sement of volunteers for expenses relating to services. RESOLUTION NO.335-1983 See Res. Book No. 35 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Municipal Service Taxing District No. 1-B, to execute an Agreement by and between Special Taxing District No. 1-B and Big Coppitt Volunteer Fire Department, Inc., to provide for reimbur- sement of volunteers for expenses relating to services. RESOLUTION NO.336-1983 See Res. Book No. 35 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Municipal Service Taxing District No. 1-B, to execute an Agreement by and between Special Taxing District No. 1-B and Big Coppitt Volunteer Fire Department, Inc., to provide for reimbur- sement of volunteers for expenses relating to services. RESOLUTION NO.337-1983 See Res. Book No. 35 which is incorporated herein by reference. 202, Z Resolution authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Municipal Service Taxing District No. 1-C, to execute an Agreement by and between Special Taxing District No. 1-C and Sugarloaf Key Volunteer Fire Department, Inc., to provide for reimbur- sement of volunteers for expenses relating to services. RESOLUTION NO.338-1983 See Res. Book No. 35 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Municipal Service Taxing District No. 1-C, to execute an Agreement by and between Special Taxing District No. 1-C and Sugarloaf Key Volunteer Fire Department, Inc., to provide for reimbur- sement of volunteers for expenses relating to services. RESOLUTION NO.339-1983 See Res. Book No. 35 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County commissioners acting as the Board of Governors of Municipal Service Taxing District No. 1-D, to execute an Agreement by and between Special Txing District No. 1-D and Big Pine Key Volunteer Fire Department, Inc., to provide for reimbur- sement of volunteers for expenses relating to services. RESOLUTION NO.340-1983 See Res. Book No. 35 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Municipal Service Taxing District No. 1-D, to execute an Agreement by and between Special Taxing District No. 1-D and Big Pine Key Volunteer Fire Department, Inc., to provide for reimbur- sement of volunteers for expenses relating to services. RESOLUTION NO.341-1983 See Res. Book No. 35 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Municipal Service Taxing District No. 3, to execute an Agreement by and between Special Taxing District No. 3 and Conch Key Volunteer Fire Department and Rescue Squad, Inc., to provide for reimbursement of volunteers for expenses relating to services. RESOLUTION NO.342-1983 See Res. Book No. 35 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Municipal Service Taxing District No. 4-A, to execute an Agreement by and between Special Taxing District No. 4-A and Layton Volunteer Fire Department, Inc., to provide for reimbur- sement of volunteers for expenses relating to services. RESOLUTION NO.343-1983 See Res. Book No. 35 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Municipal Z Z03 Service Taxing District No. 4-B, to execute an Agreement by and between Special Taxing District No. 4-B and Islamorada Volunteer Fire, Ambulance and Rescue Corps., Inc. to provide for reimbursement of volunteers for expenses relating to services. RESOLUTION NO.344-1983 See Res. Book No. 35 which is incorporated herein by reference. Resolution authorizing the Commissioners acting as th Service Taxing District No and between Special Taxing Volunteer Fire, Ambulance vide for reimbursement of to services. Chairman of the Board of County Board of Governors of Municipal 4-B, to execute an Agreement by District No. 4-B and Islamorada and Rescue Corps., Inc., to pro - volunteers for expenses relating RESOLUTION NO.345-1983 See Res. Book No. 35 which is incorporated herein by reference. Motion carried unanimously with Commissioner Sorensen not present. REQUEST TO ADDRESS THE BOARD Jeff Pratt, Chief of Islamorada Fire Department, and Dennis Matty, Assistant Chief, addressed the Board con- cerning the creation and funding of a County Fire Marshall. Following discussion motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to create the position of the County Fire Marshall to be funded $30,000.00 from County's Contingency Fund and $30,000.00 from the Special Districts. Motion was made by Chairman Harvey and seconded by Commissioner Fahrer to postpone this item to the next Marathon meeting for a workshop to begin at 9:00 A.M. Roll call vote was taken and carried with the following results: Commissioner Fahrer Yes Commissioner Hernandez Yes Commissioner Sorensen No Commissioner Swift Yes Chairman Harvey Yes LEGAL DEPARTMENT Commissioner Fahrer briefly discussed a resolution requesting the Zoning Board to deny any requests for changes in zoning which allows higher density until the County's Comprehensive Plan is completed. During discussion she withdrew further consideration of the item. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to authorize the Marathon Organized Fishermen of Florida to use the Marathon Airport for a Seafood Festival on March 3 and 4, 1984 upon receipt of insurance naming the County as a co-insured and also an exe- cution of a hold harmless agreement with full indem- nification of the County against any and all occurrences and also providing that the Organized Fishermen of Florida will provide security and crowd control and that no one would go at or near the airport property and also upon approval of the project by FAA. Motion carried unanimously. Commissioner Swift nominated Mayor Richard Heyman 204 Z and City Commissioner James Mira to the Tourist Development Council. Mayor Richard Heyman was reappointed. Commissioner Mira replaced Dennis Wardlow. Mayor Harvey nominated City Commissioner Emma Cates. Roll call vote was taken on the nominations as follows: Richard Heyman, unanimously; James Mira, unanimously. Richard Heyman and James Mira were appointed to the positions on the Tourist Development Council. LEGAL DEPARTMENT Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to accept the recommen- dation of the County Attorney and settle the suit concerning Palms of Islamorada in the amount of $25,000.00 and authorizing the transfer of said amount from Contingency. Motion carried unanimously. Commissioner Hernandez discussed the holiday sche- dule. Motion was made by Commissioner Hernandez and seconded by Mayor Harvey to grant County employees half -day off on the Friday before Christmas weekend and the half -day off on the Friday before the New Year weekend. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to authorize the County Attorney to hire an additional full-time Assistant County Attorney to handle ligitation. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift No Mayor Harvey No Motion failed. Motion was made by Commissioner Sorensen and seconded by Mayor Harvey to approve the following items by unanimous consent: The County Attorney was authorized to advertise and call for a public hearing on a proposed ordinance amending Chapter 8 of the Monroe County Code for the prohibition of discarding commercial dumping and/or trash at places other than the three (3) incinerator sites. The County Attorney was authorized to advertise and call for a public hearing on a proposed ordinance amending Section 19-106.1(d) of the Monroe County Code to restrict sales of goods at flea markets to used articles, secondhand articles, self-made arts and crafts and home grown plants. The following resolution was adopted accepting deed to Monroe County from Elizabeth Cappell conveying a parcel of land to Monroe County as a dedicated roadway providing access to Islamorada County Beach. RESOLUTION NO.346-1983 See Res. Book No. 35which is incorporated herein by reference. The following resolution was adopted authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an IBM Maintenance Agreement by and between Monroe County, Florida, and International Business Machines Corp., to provide for maintenance service on two (2) IBM Displaywriter Systems and Automatic Sheet Z ' 295 Feed Printer in the County Attorney's Office. RESOLUTION NO.347-1983 See Res. Book No. 35 which is incorporated herein by reference. The following resolution was adopted authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute a Sign Lease by and between the County of Monroe, State of Florida, and 1800 Atlantic Boulevard. RESOLUTION NO.348-1983 See Res. Book No. 35 which is incorporated herein by reference. The following resolution was adopted authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and the Mental Health Care Clinic of the Lower Keys, Inc. RESOLUTION NO.349-1983 See Res. Book No. 35 which is incorporated herein by reference. The following resolution was adopted authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and the Guidance Clinic of the Middle Keys. RESOLUTION NO.350-1983 See Res. Book No. 35 which is incorporated herein by reference. The following resolution was adopted authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and the Guidance Clinic of the Upper Keys. RESOLUTION NO.351-1983 See Res. Book No. 35 which is incorporated herein by reference. The following resolution was adopted authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute a Lease by and between New Port Largo, Inc., and the County of Monroe, Florida, for the pur- pose of providing a site location for sway cars. RESOLUTION NO.352-1983 See Res. Book No. 35 which is incorporated herein by reference. The following resolution was adopted authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute Supplemental Agreement No. 3 to Lease No. DACA01-1-79-586 East Martello Battery Site (KW65) by and between the Secretary of the Army and Monroe County, Florida, for the purpose of extending Lease No. DACA01-0179-586 for an additional term of one year. RESOLUTION NO.353-1983 See Res. Book No. 35 which is incorporated herein by reference. The following resolution was adopted authorizing the gas Z the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute a Lease Agreement by and between the State of Florida, Department of Health and Rehabilitative Services, District XI and Monroe County, State of Florida, providing for extension of present lease. RESOLUTION NO.354-1983 See Res. Book No. 35 which is incorporated herein by reference. The following resolution was adopted authorizing the Chairman of the Board of County Commissioners to execute a Radiological Emergency Preparedness Agreement by and between the State of Florida, Department of Community Affairs and the County of Monroe. RESOLUTION NO.355-1983 See Res. Book No. 35 which is incorporated herein by reference. The following resolution was adopted incorporating a biolo- gical assessment into the records concerning the application of Bird Marina South to modernize and enlarge an existing commercial marina. RESOLUTION NO.356-1983 See Res. Book No. 35 which 1s incorporated herein by reference. The following resolution was adopted incorporating a biolo- gical assessment into the records concerning the application of Tibor Palffy to construct a shoreline rip -rap cement. RESOLUTION NO.357-1983 See Res. Book No. 35 which is incorporated herein by reference. The following resolution was adopted incorporating a biolo- gical assessment into the records concerning the application of William J. Nichols to excavate a boat slip. RESOLUTION NO.358-1983 See Res. Book No. 35 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Approval of the following Warrants for November & December, 1983: W A R R A N T S GENERAL REVENUE FUND, #14710-15167, in the amount of $1,375,593.77. GENERAL REVENUE FUND, MARATHON BANK, #37, in the amount of 26,3 1.-32. GENERAL REVENUE FUND, FIRST AMERICAN BANK, #37, in the amount of 85, 4� 6.25. SUPPLEMENT TO THE GENERAL REVENUE FUND, #130, in the amount of 48,877.36. FINE & FORFEITURE FUND, #302-304, in the amount of $544,301.02. ROAD & BRIDGE FUND, #253-255, in the amount of $301,733.75. Z ,2 F7 AIRPORT OPERATION & MAINTENANCE FUND, #185-189, in the amount of 77,309.45. MSD PLEDGED FUNDS, #14, in the amount of $1,369,518.65. TRANSLATOR FUND, #19, in the amount of $9,491.37. TOURIST DEVELOPMENT FUND, #74-75, in the amount of $6,793.44. LAW LIBRARY FUND, #102, in the amount of $666.50. CARD SOUND BRIDGE REVENUE FUND, #11-12, in the amount of 30,392.79. MSD TAX DISTRICT, #434-442, in the amount of $248,287.65. WORKMENS COMPENSATION, #749-778, in the amount of $80,420.1T—.— GENERAL REVENUE FUND, SOUTHEAST BANK, #64521, in the amount of 4,517.24. MSD, SOUTHEAST BANK, #170, in the amount of $37,249.83. Approval of Minutes for November 10, 1983. Approval of payment of the following Fine and Forfeiture expenses: Court Appointed Attorney Fees: James R. Keller $ 306.25 William Kuypers 450.00 Baxter Lemond 532.50 Baxter Lemmond 293.75 Jeffrey B. Meyers 375.00 Henry L. Morgenstern 337.50 John P. Rotolo 294.79 John P. Rotolo 107.29 Court Reporter Services: Associated Court Reporters 277.00 Brenda E. Farrell 2,270.90 Witness Fees & Witness Payroll: Fees 647.54 Expert Fees 301.20 Travel 22233.61 Grand Total 8,427.33 Approval of payment of the following Advertising Commission expenditures: Stuart Newman Assoc. (Magazines) $ 4,785.25 Stuart Newman Assoc. (Newspapers) 339.46 Stuart Newman Assoc. (Sept.&Oct.) 7,074.71 Grand Total $ 2, 99.42 Approval of payment of the following Tourist Development Council expenditures: Tropical Shell & Gifts $ 137.50 Stuart Newman Assoc. (Magazines) 1,845.80 Stuart Newman Assoc. (Cruiseline) 2,823.60 Stuart Newman Assoc. (Fantasy Fest) 2,227.46 Stuart Newman Assoc. (Magazines) 8,845.00 208 Z Stuart Newman Assoc. Stuart Newman Assoc. Stuart Newman Assoc. Stuart Newman Assoc. Stuart Newman Assoc. Stuart Newman Assoc. Stuart Newman Assoc. Stuart Newman Assoc. Stuart Newman Assoc. Stuart Newman Assoc. Grand Total Cultural) 19099.50 .Newspapers) 3,303.15 ;Production) 249217.49 ,Oct.Partial) 49479.50 ;Media) 19882.40 ,Newspapers) 39103.94 ;HeminwayDays) 19498.67 ,Oct.Partial) 5,756.15 ;Prod. Costs) 2,796.58 ;Sept. Fee) 49954.43 Approval of payment of the following Tourist Development Council expenditure (after the fact): Key West Offshore Power Boat Assoc. $ 6,793.44 REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Approval of payment to Post, Buckley, Schuh & Jernigan, Inc., in the amount of $39,396.35 for services rendered during the month of October, 1983. Authorization to execute General Revenue/Federal Funds Contract between State of Florida, Department of HRS and Monroe County Social Services (U.S. Commodities) for Jobs Bills P.L. 98-8 for payments due in November and December. Approval of application for construction of a rip rap seawall for George A. Volt to place approximately 19 cubic yards of rip rap boulders along his shoreline at Township 66 South, Range 32 East, Section 15, Block 1, Lot 30, Saguaro Lane, Flamingo Island, Boot Key, zoned RU-1, per staff recommendation. Authorize execution of amendment to General Revenue/Federal Funds (formerly Title XX) Contract No. KGO18 for Fiscal Year July 1, 1983 to June 30, 1984 (Social Services Transportation Program) Authorize execution of amended agreement for resident Ellen Lopez at Bayshore Manor a/k/a Monroe County Home, Adult Congregate Living Facility for the Elderly. Approval of the following appointments to the Fine Arts Council: Phyllis Tynes, 409 Julia Street, Key West, replacing Virginia Irving (1 year appointment) Jim Stokes, 1017 Fleming Street, Key West, replacing Kathleen Hargraves (4 year appointment - term expired) Approval of payment of Application No. 2, to Charley Toppino and Sons, Inc., in the amount of $11,757.00, Jr. College Road Project. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Approval of expenditure in the amount of $500.00 from Board's Advertising Account to be used for purchasing benches and a Christmas Tree for Boy Scouts. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Dr. Art Weiner addressed the Board concerning the Coupon Bike Project. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to accept the Report. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator advised that upon future consultation with the Department of Community Affairs, he had come to the conclusion that the County had no liability to DCA for any other funds received for the Cuban Crisis situation. No action was taken. Mr. Lewin briefly discussed the Purolator expenses. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve payment of a bill to Straughn, Sharit, Bunn and Chilton, P.A., in the amount of $23,638.05 for litigation concerning Port Largo Airport. Roll call vote was taken and carried with the following results: Commissioner Fahrer Yes Commissioner Hernandez Not present Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey Yes Mr. Lewin discussed the need for space for the Planning Staff. He advised the Board he was in receipt of a proposal from the Redevelopment Authority for space rental at the Truman Annex which would more than adequately cover the Planning Staff's needs. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to authorize the transfer of $3,000.00 from Contingency Fund and the execu- tion of a rental agreement with the Redevelopment Authority for space at the Truman Annex for the Planning Staff. Roll call vote was taken and carried unanimously with Commissioner Hernandez absent. The County Administrator discussed the need for personal computer for planning activities. He advised the Board that he was in receipt of a proposal from Key West Computer Center in the amount of $9,344.71 and IBM in the amount of $11,973.42. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to authorize the County Administrator to negotiate with Key West Computer Center for the purchase of a computer for the Planning Department. Motion carried unanimously. Mr. Lewin discussed the copying machine used by County Departments. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer authorizing the County Administrator to negotiate with Xerox for the lease or purchase of a new copy machine to be used by County Departments. Motion carried unanimously. The County Administrator discussed the new regula- tions on the Boating Improvement Funds with the Department of Natural Resources. He advised the Board that it would require the up -front funding by the Board of County Commissioners of all Boating Improvement Projects and that a mechanism would be established whereby Contingency would be used and replenished upon receipt of Boating Improvement Funds. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize the County Administrator to use Contingency on a temporary basis for Boating Improvement Fund Projects. Motion carried unanimously. The County Administrator discussed the existing moratorium on Flood Hazard Ordinance Variances. Motion was 0:30 21� Z W made by Commissioner Hernandez and seconded by Commissioner Swift to lift the moratorium on variances to the Flood Hazard Ordinance since the Board had adopted amendments to it's existing ordinance. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to grant a temporary interim use permit for 120 days to the Islamorada Chamber of Commerce allowing them to use RU-1 property to place the railroad caboose on. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute an Amendment to the Sub -Lease by and between the Board of County Commissioners of Monroe County, Florida, and the Islmorada Chamber of Commerce. Motion carried unanimously with Commissioner Hernandez absent. RESOLUTION NO.359-1983 See Res. Book No. 35 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator discussed the Board's schedule for next year. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to continue to schedule Board Meetings on Fridays. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez No Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey No Motion passed. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to adopt the following sche- dule for meetings of the Board of County Commissioners in 1984: January 13, 1984 Marathon Sub -Courthouse January 27, 1984 Key West Courtroom "B" February 10, 1984 Plantation Key Gov't Center February 24, 1984 Marathon Sub-Courthosue March 9, 1984 Key West Courtroom "B" March 30, 1984 Plantation Key Gov't Center April 13, 1984 Marathon Sub -Courthouse April 27, 1984 Key West Courtroom "B" May 11, 1984 Plantation Key Gov't Center May 25, 1984 Marathon Sub -Courthouse June 8, 1984 Key West Courtroom "B" June 22, 1984 Plantation Key Gov't Center July 6, 1984 Marathon Sub -Courthouse July 20, 1984 Key West Courtroom "B" August 3, 1984 Plantation Key Gov't Center August 17, 1984 Marathon Sub -Courthouse August 31, 1984 Key West Courtroom "B" September 14, 1984 Plantation Key Gov't Center September 28, 1984 Marathon Sub -Courthouse October 12, 1984 Key West Courtroom "B" October 26, 1984 Plantation Key Gov't Center November 9, 1984 Marathon Sub -Courthouse November 23, 1984 Key West Courtroom "B" December 7, 1984 Plantation Key Gov't Center December 21, 1984 Marathon Sub-Courhouse Z 21f Roll call vote was taken and carried with the following results: Commissioner Fahrer Yes Commissioner Hernandez Yes Commisioner Sorensen Yes Commissioner Swift No Mayor Harvey Yes Mr. Lewin discussed the request of the waiver of a Building Permit Fee of the Apolostolic Lighthouse Mission Church. Motion was made by Commissioner Hernandez and seconded by Mayor Harvey to waive the the Building Permit Fee for the Apolostic Lighthouse Mission Church. Roll call vote was taken and carried with the following results: Commissiner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift No Mayor Harvey Yes Following further discussion a motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to re -consider the previous action. Roll call vote was taken and carried unanimously. Following further consideration of this item roll call vote was taken on the motion to waive as follows: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Not present Commissioner Swift No Mayor Harvey Yes Tie vote, motion failed. Board of Appeals Hearing 4:00 P.M. The Board of County Commissioners sat as the Board of Appeals to hear the following appeal: Thomas P. Bobowski, requested the Board of County Commissioners to reverse their decision of the Monroe County Board of Adjustment on an administrative appeal which denied Mr. Bobowski the issuance of his building permit as per- mitted to place his home within 20 feet of a waterway on Lot 46 of Long Beach Section B, as located in Section 1, Township 67 South, Range 29 East, Big Pine Key. (Original administrative appeal was filed by Michael J. and Joyce Newman). Present were Commissioners Fahrer, Hernandez, Sorensen, Swift and Mayor Harvey. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; Dr. Jeff Doyle, Planning Director; members of the Press, Radio; and general public. Proof of publication was entered into the records. Commissioner Swift advised that Mr. Cates, representing the appellants was a stock holder in one (1) of his businesses. Mr. Cates, representing the appellant addressed the Board. Kay Finley, Attorney for Michael J. and Joyce Newman, addressed the Board. Mr. Cates then rebutted the statements of Kay Finley, Attorney. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to adopt the following resolution reversing the decision of the Board of Adjustment without prejudice, and granting the request of 212 Z Thomas P. Bobowski to reverse the decision of the Board of Adjustment, denying the issuance of a Building Permit to allow him to place his home within 23 feet of a waterway. Roll call vote was taken on the motion as follows: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissiner Swift Yes Mayor Harvey No Motion carried. RESOLUTION NO.360-1983 See Res. Book No. 35 which is incorporated herein by reference. There being no further business before the Board of Appeal the hearing was adjourned. Regular Meeting Re -convened The regular meeting re -convened with all Commissioners and staff present. Mr. Saul of EMCEE again addressed the Board con- cerning the request for the acceptance of the Translator System. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to accept the system and to authorize the execution of an Agreement between Eden, Hannon, EMCEE and Monroe County whereby EMCEE would be paid eighty percent (80%) of the balance remaining on the contract and that twenty percent (20%) would be withheld pending an evaluation of the system by an outside consultant whose credentials would be mutually agreed upon by Monroe County and EMCEE and said evaluation to take place within thirty (30) days. Roll call vote was taken and carried unanimously. PUBLIC HEARINGS A public hearing was held on a proposed ordinance amending Ordinance No. 005-1982 to include as an exception in said ordinance the City of North Key Largo Beach. 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 Sorensen and seconded by Commissioner Fahrer to adopt said ordinance. Roll call vote was taken and carried unanimously with Commissioner Hernandez absent. ORDINANCE NO.031-1983 See Ord. Book No. 6 which is incorporated herein by reference. A public hearing was held on a proposed ordinance amending Chapter 3 and Chapter 8 of the Monroe County Code for the purpose of making District Eleven Health Inspectors for the State of Florida limited Health Code Violations Inspectors under the Code. 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 Sorensen and seconded by Commissioner Fahrer to approve and to continue until January 13, 1984 the second scheduled public hearing. Motion carried unanimously. A public hearing was held on a proposed Ordinance amending Ordinance No. 19-1980, Section 8-20 providing for the collection of delinquent Special Assessment. Proof of Z 213" publication was entered into the record. No one in the audience spoke for or against the proposed ordinance. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt said ordinance. Motion carried unanimously. ORDINANCE NO.032-1983 See Ord. Book No. 6 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Next item was consideration of a request by Dennis Horvath to name street on which he resides soley "Horvath Road". This item was referred to the County Administrator. Motion was made by Commissioner Sorensen and seconded by Mayor Harvey to approve Payment Request No. 7 (Final Payment) in the amount of $36,739.26 to Upper Keys Marine Construction, Inc., for Bridge Replacement (Permanent) Copa D'Oro Bridge Project and also to approve Change Orders No. 2 and 4 on said project. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Fahrer discussed Railroad Days. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey approving a Proclamation declaring January 20 through February 3, 1984 as "Railroad Days". Motion carried unanimously. Mr. Proby discussed the Swindler Case. No action was taken. Commisioner Fahrer discussed the recent study received from the City of Key West concerning dual taxation. She indicated that she would be making a report to the Board with more detailed information shortly. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to grant authority to The Institute for Applied Science to use the border of Conch Certificates for the Queen Conch Program. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to appoint Marjorie Mearns to the Dade -Monroe Mental Health Board replacing Mr. Henry Fincke. Motion carried carried. Commissioner Swift discussed his negotiations with the Redevelopment Authority for parking space to be used by the County in the former U. S. Naval Base property. He read a letter of intent from the firm which had been selected to develope the Base property. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the Chairman to execute the letter of intent concerning the use of Base property by the County for parking purposes subject to the terms and conditions expressed therein. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez Not present Commissioner Sorensen Not present Commissioner Swift Yes Mayor Harvey Yes Motion carried. Commissioner Swift discussed the letter that he zJL4 z requested be written to the U. S. tanks on Jackson Square. He was Attorney that the letter had been received response from the U. S. to each individual Board Member. Navy concerning the water advised by the County written and he had Navy which he would forward Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to suspend Jorge Cabrera from his position on the Board of Adjustment pending the outcome of the criminal proceedings filed against him. Roll call vote was taken and carried unanimously with Commissioner Hernandez absent. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to deny a request for a refund in the amount of $100.00 to Tom Thumb Food Stores due to appeal being denied for reversal of Zoning Board deci- sion. Motion carried unanimously. Mr. Proby discussed the case of Planters Point vs. Commissioner Fahrer and Zoning Board Members Mary Lyn Johnson and John Stormant. He advised that it would be necessary to secure legal counsel for these individuals sub- ject to the provisions of Chapter 111.07 of the Florida Statutes. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to hire Attorney Hugh Morgan of the firm of Morgan, Albury and Hendricks to defend Commissioner Fahrer and Zoning Board Members Mary Lyn Johnson and John Stormant in the case filed against them individually concerning Planters Point subject to the provi- sions of Florida Statutes 111.07. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift authorizing Mr. Proby to negotiate with Hugh Morgan of the firm of Morgan, Albury and Hendricks. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to reconsider a previous item requesting authorizion to hire an additional full-time Assistant County Attorney to handle litigation. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the County Attorney to hire an Attorney specalizing in land use and environmental law at a cost not to exceed $30,000.00. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Mr. Stickney then addressed the Board concerning the bids opened earlier on Roadway Improvements to Key Largo Roads. He recommended the award of the bid to the lowest bidder Community Asphalt Corp., in the amount of $79,945.40. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to award the bid for Roadway (Improvements to Key Largo Roads to the firm of Community Asphalt Corp., in the amount of $79,945.40 and authorizing he Chairman to execute the necessary Contract documents. Motion carried unanimously. Motion was made by Commissioner Sorensen and econded by Commissioner Fahrer to approve Payment Request [i No. 3, Upper Keys Marine Construction for Yellowtail Bridge in the amount of $43,299.66. Motion carried unanimously. Mr. Stickney then discussed a drainage problem on Fifth Street, Stock Island: Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to refer this matter to the Consulting Engineers. During discussion a motion was made by Commissioner Swift and seconded by . Commissioner Fahrer to table this item. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded. by Commissioner Harvey to declare as surplus and authorize the advertisement for bids.of the following items on the Clerk's Inventory: #212-42/43, Roller Shelves, Olive Green, Total Cost $374.22 #212-231, Roller Shelves, Total Cost $1.,799.90 #2321A-33, Roller"Shelves, Total Cost $358.25 #2321D-80, Roll'er ,Shelves, Total Cost $358.25 #2321E-4, Roller Shelves, Total Cost $197.66 Motion carried unanimously., Motion was made by, Commissioner Fahrer and seconded by Commissioner Harvey to authorize the payment of the $10,000.00 annual appropriation to Historic Key West Preservation Board in accordance with the adopted Budget. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to adopt the following resolution trans- ferring funds. Motion carried unanimously. RESOLUTION NO.361-1983 See Res. Book No. 35 which 'is incorporated herein by reference. The Clerk advised 'the Board that Mr. Skelly, ;1 Airport Director, recommended that the bid for full time maintenance services for cleaning and lawn care at the Marathon Airport be awarded'to Karen for Your Lawn in the amount of $700.00 per month and also said company to provide their own equipment. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to award the bid for full time maintenance services for cleaning and lawn care at the Marathon Airport Terminal Building to Karen for Your Lawn in the amount of $700.00 per month including the pro- viding of the necessary equipment. Motion carried a unanimously. Commissioner FahreF briefly discussed her work toward providing a quarterly Budget reporting process. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to appoint Commissioner Fahrer as Chairman of a Fiscal Review Committee to consist of Commissioner Fahrer and the four (4) County Commissioners. Motion carried unanimously.;, Mr. Proby briefly discussed his appearance in Tallahassee concerning the Save Our Coast Program. He advised the Board that he will send them a detailed report. There being no further business the meeting was adjourned.