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01/13/1984 Workshop2�8 Z Workshop Meeting Board of County Commissioners Friday, January 13, 1984 9:00 A.M., Marathon A workshop 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 and Chairman Wilhelmina Harvey. Commissioner Ed Swift entered and was seated at 9:48 A.M. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the Press and Radio; and general public. Mr. Geoff Pratt, Chief of the Key Largo Volunteer Fire Department, representing the Chief's Association, addressed the Board concerning the need for a County Fire Marshall. Commissioner Sorensen discussed the proposal that the position Budget be funded partially from the Special Districts and partially from General Fund. He asked that the County Administrator and the County Attorney investigate and report back to the Board concerning this proposal. Mr. Howard Cole, Middle Keys HARP, discussed and opposed the creation of the position of the Department. Mayor Mickey Feiner, representing Tax District No. 2, addressed the Board and recommended the creation of a committee to study the proposal. Commissioner Russell Radom of Key Colony Beach and a District 2 Board Member agreed with the creation of a study committee. Mr. Hal Ikson of Marathon opposed the position. Mr. Dennis Mattey, Assistant Fire Chief of the Islamorada Volunteer Fire Department, discussed the need for the position. The Board agreed that they would add this item to the regular agenda for further action. Regular Meeting Board of County Commissioners Friday, January 13, 1984 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 Jerry Hernandez, Jr., Commissioner Ken Sorensen, Commissioner Ed Swift and Chairman Wilhelmina Harvey. Also present were Danny L. Kolhage, 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 given by the Rev. John Smith and remained standing for the Pledge of Allegiance to the Flag. The Board then discussed the item concerning the creation of the position of Fire Marshall held over from the workshop meeting of this morning. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to establish a committee consisting of five (5) members and Kermit Lewin as an ad hoc member to study the position of Fire Marshall and the funding thereof and report back to the Board at the next meeting. During discussion a suggestion was made that the committee consist of one (1) public official, two (2) volunteer fire department represen- tatives, and two (2) representatives at large. This was accepted by the maker of the motion. Commissioner Fahrer nominated Geoff Pratt; Commissioner Hernandez nominated Mayor Mickey Feiner; Commissioner Sorensen nominated Dennis Mattey; Commissioner Swift nominated Howard Cole; and Mayor Z 19 1 1 1 Harvey nominated Bill Moore. committee was duly appointed. UNFINISHED There being .no objections the 131L`j/OMS1 The Clerk read the resolution commending the Marathon High School Girl's Volley Ball Team. Mayor Harvey recognized the team members and coach. Motion was made by Commissioner Hernandez and''seconded by Commissioner Swift to adopt the following resolution commending the Marathon High School Girl's Volley Ball Team. During discussion motion was made by Commissioner Sorensen to amend the resolution to. affix the name of each member of the team and the coach on the resolution and to provide one (1) copy of the resolution for the school and one (1)�for each member of the team and coaching staff. The amendment was accepted by the makers of the motion and was accepted unanimously. RESOLUTION NO.002-1984 See Res. Book No. 36 which is incorporated herein by reference. PUBLIC HEARINGS A public hearing was continued to consider the increase in the toll for Card Sound Bridge to fifty cents (50t) per axle; said tolls; if approved, to take effect sub- sequent to said continued public hearing.. Proof of publica- tion .was entered into the 'records. Motion was made by Commissioner Sorensen and seconded by Mayor Harvey to con- tinue the public hearing to the next Plantation Key meeting at 10:00 A.M. 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. Motion was made by Commissioner Fahrer and seconded by Chairman Harvey to reconsider the previous' motion. Roll call vote was taken on the motion to recon- sider with the following results: Commissioner Fahrer Yes Commissioner Hernandez Yes Commissioner Sorensen No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Chairman Harvey to continue the public hearing until this afternoon at 4:30 P.M. Roll call vote was taken with the following.results Commissioner Fahrer Yes Commissioner Hernandez Yes Commissioner Sorensen No Commissioner Swift Yes Mayor Harvey Yes Motion carried unanimously. A public hearing was held on a proposed ordinance providing that the Code of,Ordinances be amended by revising Section 6-286(2) of Article X entitled Code Enforcement Board by adding Subsection'(5); providing for severability; providing for the repeal of all ordinances or parts of ordi- nances in conflict with this ordinance; providing for inclu- sion in the Code of Ordinances of Monroe County; and 2�� Z providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to read the proposed ordinance by title only. There was no public par- ticipation. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following.ordi- nance and also directing the County Administrator to fund the expenses from Contingency. Motion carried unanimously with Commissioner Sorensen absent. ORDINANCE NO.001-1984 See Ord. Book No. 7 which is incorporated herein by reference. A public hearing was held on a proposed ordinance amending the Code of Ordinances, Chapter 6, buildings and construction, Article III, contractors, subcontractors, masters, joruneymen and maintenance personnel, by deleting the second sentence in the definition of Class C air con- ditioning contractor; providing for severability, codifica- tion and an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to read the proposed ordinance by title only. Motion carried unani- mously. There was no public particiation. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following ordinance. Motion carried unanimously with Commissioner Sorensen absent. ORDINANCE NO.002-1984 See Ord. Book No. 7 which is incorporated herein by reference. A public hearing was held on a proposed ordinance amending Ordinance No. 19-1983, by deleting paragraph 2 of section 8 entitled bonding and substituting a new paragraph therefore; providing for the severability of the same and an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to read the proposed ordi- nance by title only. Motion carried unanimously. There was no public participation. Motion was made by Commissioner Swift and seconded by Commissioner'Fahrer to adopt the following ordinance. Motion carried with Commissioner Sorensen absent. ORDINANCE NO.003-1984 See Ord. Book No. 7 which is incorporated herein by reference. A public hearing was held on a proposed ordinance amending Ordinance No. 003-1983 entitled "An Ordinance of Monroe County, amending the Code of Ordinances, Chapter 6, buildings and construction, Article III, contractors, sub- contractors, masters, journeyman and maintenance personnel, by adding a new section containing exemption therefrom, etc.", by revising subsection (7) of Section 1 providing for a change in the monetary value of owner occupied building improvements; revising subsection (14) of Section 1 pro- viding for changes in the specific sizes of air conditioning and refrigeration units; and revising Section 3 providing for renewal of Class C air conditioning contractor cer- tificates of competency; providing for severability; pro- viding for repealing of all ordinances or parts of ordinances in conflilct with this ordinance to the extent of said conflict; providing for inclusion in the Monroe County Code of Ordinances; providing for an effective date. Proof of publication was entered into the records. Motion was made.by Commissioner Hernandez and seconded by Commissioner 1 1 1 1 2A& Swift to read the proposed ordinance by title only. Motion carried unanimously. There was no public participation. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following ordinance. Motion carried unanimously -with Commissioner Sorensen absent. ORDINANCE NO.004-1984 See Ord. Book No. 7 which its incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Chairman Harvey to reconsider Ordinance No. 003-1984 adopted earlier today which amends Ordinance No. 19-1983, by deleting paragraph 2 of Section 8 entitled bonding and substituting a new paragraph therefore. Roll call vote was taken and carried unanimously. Commissioner Sorensen discussed proposed amendment to Ordinance No. 19-1983. Commissioner Sorensen discussed a proposal that any major change in utility easements affecting 1 block or more should be approved by the Board of County Commissioners. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the ordinance. Motion carried unani mously. ORDINANCE NO. 003-1984 See Ord. Book No. 7 which is incorporated herein by reference. Motion was made by Commissiioner Sorensen and seconded '"by Chairman Harvey to approve,,an appropriately numbered Administrative Order directing the County Administrator not to approve any permits.whi'ch would affect a major change in easements affecting 1 block or more without approval of the Board of County Commission"ers. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTR"ATOR Next item was appointments to Boards.. The following members were appointed for one (1) year terms. Zoning Board: Comm. Hernandez - Gene Rhodus (reappointment) - unanimous Comm. Swift - Peter Bacle (reappointment) - unanimous Comm. Sorensen - Karen Sunderland (reappointment) unanimous Comm. Fahrer - John Stormont (reappointment) - Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez No Commissioner Sorensen No Commissioner Swift Yes Mayor Harvey Yes Motion carried, Chairman Harvey -.,Mary Jean Bruce replacing Marilyn Johnson - unanimous Board of Adjustment: Comm. Hernandez - Cappy Joiner replacing Jorge Cabrera�- unanimous Comm. Swift - Capt. Jerry Thomas (reappointment) - una,himous Comm. Fahrer - Eugene Wendelkowski replacing Gilbert Ryder - unanimous Comm. Sorensen - Larry Thompson (reappointment) - unanimous Mayor Harvey - Joyce A. Capron replacing Mary Jean Bruce - unanimous Advertising Commission: Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to reappoint all of the members of the Advertising:Commission with the exception of Tim Miller for 1984 as follows: Edison Archer, Margo Golan, Tom Sawyer, Fred Gobel, Charlotte Crawford, Ida Barron; Bill Sellers and Henry Rosenthal,. Motion carried unanimously. 222, Z Library Board: Comm. Swift - Mae Hill Russell replacing Marcie Herndon - unanimous Comm. Fahrer - Alice Skinger (reappointment) - unanimous Career Service Council: Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to postpone the appointment of a member to the Career Service Council. Motion carried unanimously. Monroe County Industrial Development Revenue Authority: Motion was made by Commissioner Sorensen and seconded by Chairman Harvey to reappoint Stanley Wade and Dale Baker to the Monroe County Industrial Development Revenue Authority. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Sorensen discussed some errors in the Flood Hazard Ordinance. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to declare than an emergency exists endangering the health, safety and welfare of the citizens of Monroe County, waiving the notice requirement as provided for in Section 125.66(3). Motion carried unanimously. Mr. Regan of the committee appointed to study the Flood Hazard Regulations discussed the proposed amendment to the ordinance. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following ordinance amending Ordinance No. 030-1983. The following individuals spoke: Frank Greenman, Attorney; Mike Halpern, Attorney; Tom Hardin of the Florida Keys Contractors Association; and Fred Tittle, Attorney. Roll call vote was taken on the motion to adopt and carried unanimously. ORDINANCE NO.005-1984 See Ord. Book No. 7 which is incorporated herein by reference. LEGAL DEPARTMENT Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve the following items by unanimous consent: The following resolutions were adopted authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Special Taxing District No. 5, to exe- cute an Agreement by and between Special Taxing District No. 5, and the Tavernier Volunteer Fire Department and Ambulance Corps, Inc., for the purpose of reimbursing its volunteer personnel for services rendered. RESOLUTION NO.003-1984 RESOLUTION NO.004-1984 See Res. Book No. 36 which is incorporated herein by reference. The following resolution was adopted authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Special Taxing District No. 6, to exe- cute an Agreement by and between Special Taxing District No. 6 and the Key Largo Volunteer Fire Department, Inc., for the purpose of reimbursing its volunteer personnel for services rendered. RESOLUTION NO.005-1984 See Res. Book No. 36 which is incorporated herein by reference. 1 1 1 -03 The following resolution was adopted requesting the Department of Transportation to transfer the title of all roads on Duck Key, Indies Island and Utility Island to Monroe County, Florida. ' i RESOLUTION NO.006-1984 See Res. Book No. 36 which is incorporated herein by reference. The following resolution was adopted naming unnamed Lake in Sombrero Properties Subdivision. RESOLUTION NO.007-1984 See Res. Book No. 36 which is incorporated herein by reference. The following resolution was adopted authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between the Board of County Commissioners and C. R. Food Service Co., for the purpose of providing meals for senior citizens participating in the Older Americans Act, Title III-C�Nutrition Program. RESOLUTION NO.008-1984 See Res. Book No. 36 which j s incorporated herein by reference. The following resolutions were adopted concerning receipt of unanticipated funds. RESOLUTION NO.009-1984 RESOLUTION NO.010- 984 RESOLUTION NO.01 -1984 RESOLUTION NO.012- 984 RESOLUTION NO.013-1984 RESOLUTION NO.014-1984 RESOLUTION NO.015-1984 See Res. Book No. 36 which 'is incorporated herein by reference. The following resolution was adopted transferring funds. RESOLUTION NO.016-1984 See Res. Book No. 36 which'is incorporated herein by reference. Motion carried unanimously. REPORTS & RECOMMEND;ATIONS FROM CLERK TO THE BOARD Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to adopt the following items by unanimous consent: The following Warrants for ;December, 1983 and January,:1984 were approved: W A R R A N T S GENERAL REVENUE FUND, #15168-16229, in the amount of $2,791, 9�.0-f. GENERAL REVENUD FU,'ND, MARATHON BANK, #38, in the amount of 28,708.70. GENERAL REVENUD FUND, FIRST AMERICAN BANK, #38, in the amount of $67,041.35. GENERAL REVENUE FUND FRS, #116-120, in the amount of $19 4 377-.-07- SUPPLEMENT TO THE GENERAL REVENUE FUND, #131-133, in the amount of $78,677.15. 224 Z FINE & FORFEITURE FUND, #305-310, in the amount of $2,926,445.16. ROAD & BRIDGE FUND, #256-259, in the amount of $293,671.�— AIRPORT OPERATION & MAINTENANCE FUND, #190-194, in the amount of 36,555.43. TRANSLATOR FUND, #20-22, in the amount of $6 ,_214.02. CAPITAL PROJECTS FUND, #44-46, in the amount of $121,546.27. TOURIST DEVELOPMENT COUNCIL FUND, #76-78, in the amount of 56,962.78. LAW LIBRARY FUND, #103-105, in the amount of $2,499.32. CARD SOUND BRIDGE FUND, #13-16, in the amount of $41,753.18. MSD TAX DISTRICT, #443-447, in the amount of $3079744. 55. WORKMENS COMPENSATION, #779-809, in the amount of $22,865.07. MSD PLEDGED FUND, #15, in the amount of $200,000.00. MSD SOUTHEAST BANK, #171-174, in the amount of $330,838.83. TOTAL $7,507,085.57 Board acknowledged receipt of the quarterly report of the Monroe County Sheriff relating to forfeited vehicles for the quarter ending September 30, 1983. Board apprved payment of the following Fine and Forfeiture expenditures for January, 1984: Court Appointed Attorney Fee: Robert Duffy, Franklin D. Greeman William Kuypers Baxter Lemmond Henry Morgenstern John P. Rotolo John P. Rotolo Steven P. Shea Competency & Psy. Evaluations: John P. Mihalovich Monica Druckman Richard Hellman Court Reporter Services: Associates Court Reporters Brenda Farrell Castillo & Castillo Kathleen Fegers Rapid Reporting Court Interpreter: Tana DeGamez Jerome Grapel Stephen E. Moore Witness Fees & Witness Payroll: Fees Travel Motion carried unanimously. GRAND TOTAL 647.50 1,212.50 4,428.16 387.50 175.00 867.49 362.50 634.86 375.00 350.00 125.00 .487.80 2,907.00 1,825.60 60.60 53.25 25.00 30.00 25.00 90.00 216.96 15,286.72 1 1 1 1 1 REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve the following items by unanimous consent: Board approved payment of invoice to Post, Buckley, Schuh and Jernigan, Inc., for the month ending November 30, 1983 in the amount of $37,549.73. Board approved payment of invoice from Holland and Knight for professional services rendered through October 31,'1983 in connection with Palms of Islamorada lawsuit in the amount of $3,310.52. Board approved applicant Edelmiro A. Morales, Jr., for admission to Bayshore Manor; effective December 28, 1983 and authorized execution of Agreement. i Board approved payment of invoice to Mullin, Rhyne, Emmons & Topel dated December 14, 1983 in the amount of $1,271.69 for professional services rendered in connection with Translator. Board approved Monroe County Title III-B Older Americans Transportation Program Contract and revised grant for January 1, 1984 through December 31, 1984. (Contract No. 84-1-887). Board approved Monroe County In -Home Services, Title III-B Grant Application and Contract for January 1, 1984 to December 31, 1984. (Contract No. 84-1-878). Board approved Monroe County Title III-C-2 Nutrition Program and grant application for January 1, 1984 through December 31, 1984. (Contract No. 84-3-878). Board approved payment of Invoice No. 20 to Post, Buckley, Schuh and Jernigan, Inc., i:n the amount of $3,985.87 for the month ending October 31, 1983. Board approved execution of Contract with South Florida Regional Planning Council for hazardous waste assessment. Motion carrie.d unanimously. The Board postponed consideration of Change Order No. 1 (final) FAA ADAP Project No. 6-12-0044-03-81 Marathon Airport for two (2) weeks. LEGAL DEPARTMENT The following individuals spoke on the matter of an approval of a Lease Agreement with Reef Hopper Airlines, Inc., for a sightseeing andi charter operation and aerial advertising from the Marathon Airport: Bob Ernst of the Middle Keys Citizens Association, opposed; Dr. Romine, opposed; Eugene Wendlekowskii, opposed; Frank Greenman, Attorney representing Reef Hopper Airlines discussed the request for a lease; Veroni,ce Peace, motel owner, discussed the item. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt a resolution authorizing the Chairman of,,the Board of County Commissioners to execute a ;Lease Agreement by and between the County of Monroe, State;of Florida, and Reef Hopper Airlines, Inc., providing for a one (1) year term and also providing for a condition that the County will have the right to move the location of the operation at the discre- tion of the County with a ninety (90) day notice within the airport property and also striking Section 19 of the pro- posed lease. -During discussion Commissioner Swift withdrew his motion. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to continue this item to the next meeting. Motion carried unanimously. The Board recessed for lunch. At 1:30 P.M., the Board held dedication ceremonies of the Melvin L. Levitt Senior Citizens Building. Next the Board held presentation of plaque at the Marathon Library honoring former Mayor George E. Dolezal for his efforts on behalf of Monroe County and particularly for his efforts for the construction of the new Marathon Library. Former Mayor Dolezal addressed the Commission and the public and thanked everyone who worked with him in his efforts towards the construction of the Library. Regular Meeting Re -convened The regular meeting re -convened with all Commissioners present. Also present were Danny L. Kolhage, 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. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Sorensen discussed a request by the Upper Keys Lions Club to waive a permit fee for a carnival. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to waive the fee in the amount of $555.00 for permit for carnival by the Upper Keys Lions Club. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following reso- lution authorizing the Cha-irman of the Board of County Commissioners to execute an Agreement by and between Ervin A. Higgs, Property Appraiser of Monroe County, and the County Commission of Monroe County as the Municipal Service District, for the purpose of requesting the Property Appraiser's Office to provide use of its computer system for assessment of special assessments and fees by Monroe County for said District. Motion carried unanimously. RESOLUTION NO.017-1984 See Res. Book No. 36 which is incorporated herein by reference. Board of Governors, District 2 2:45 P.M. A Board of Governors, District 2 Meeting convened. Present 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 interested citizens. Mr. Reggie Paros recommended the award of the bid for the refurbishment of one (1) 1976 Ford Tank Truck to Dowling Equipment Co., in the amount of $69,950.00. Motion was made by Commissioner Hernandez and seconded by Commissioner Feiner to award the bid to Dowling Equipment Co., for the refurbishment of one (1) 1976 Ford Tank Truck 1 1 in the amount of $69,950.00;. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Feiner and seconded by Commissioner Fahrer to adjourn the District 2 meeting. Motion carried unanimously.; Regular Meeting Re -convened Regular meeting re-convend with all Commissioners and staff present. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Motion was made by Commissioner Hernandez and seconded by Chairman Harvey to approve the Minutes of November 23, 1983. Motion -carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve the following Monroe County Advertising Commission expenditures excluding the item in the amount of $33.80 (Oct. 31, 1983 Invoice of Stuart Newman for xerox copies for October, 33 x.10 = $33.80): Stuart Newman (Suppl. Billing) 2,587.11 Stuart Newman (Cons. & Trade Mag.) 3,545.00 Stuart Newman (Newspapers) 49539.62 10,67173 and to approve the following Tourist Development Council expenditures: Fantasy Fest '83 4,460.40 Stuart Newman (Fantasy Fest) 6,417.63 Red Barn Theatre (Dec. Inv.) 1,113.17 Key West Fishing Tournament 2,603.61 Stuart Newman (Producti.on) 300.80 Stuart Newman (Consumer Mag.) 4,096.20 Stuart Newman (Newspapers) 4,709.11 Stuart Newman (Production) 19904.28 259605.20 Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift No Mayor Harvey Yes Motion carried. The Board discussed the fact that they had not received a copy of theiBudget for the Advertising Commission for the current year. This matter was referred to the County Administrator. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator discussed the naming,of roads and indicated that Florida Statutes left the naming of local roads to the discretion of the Board of County Commissioners. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to authorize the County Attorney to prepare and th:e Chairman to execute a resolution naming Horvath Road in Cahill Pines and Palms Subdivision, Big Pine Key. Roll call vote was taken and carried unani- mously. RESOLUTION N•O. 018-1984 See Res. Book No. 36 which is incorporated herein by reference. Mr. Lewin discussed the recommendation for the 8 Z settlement of a Workmens Compensation Claim with Joan Thompson in the amount of $25,000.00 plus $4,500.00 Attorney fees. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer authorizing the County Administrator and the Consultants to proceed to settle the claim in the case of Joan Thompson in the amount of $25,000.00 plus $4,500.00 Attorney fees based upon the recommendation of the County Attorney and the Insurance Consultant. Motion carried unanimously. Mr. Lewin discussed a bill for some damages to a leased vehicle. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to authorize the payment of the bill in the amount of $1,030.00 to the leased vehicle of the County Attorney. During discussion a motion was made by by Commissioner Swift and seconded by Commissioner Sorensen to continue this item to the next meeting. Motion carried unanimously. The County Administrator then discussed the sche- duled meeting for February 10, 1984 and the SACC Meeting which will be held during that period. The County Administrator discussed a proposed meeting with the City of Key West and the Board of County Commissioners concerning the issue of dual taxation. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to set the date of March 8, 1984 as a joint meeting between the Board of County Commissioners and the City of Key West to discuss dual taxation. Roll call vote was taken and carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mayor Harvey briefly discussed the $28.00 special assessment for garbage. Mr. Aguero addressed the Board and the public present and described the need and the method of arriving at the assessment. The following individuals spoke: Mike Halpern, Attorney; Cathy Graves, Real Estate Agent; Winfield Chasmar; Dick Fare of Key Largo; David Jackson of Jolly Rogers Travel Park; Veronica Peace; Hank Mormon of Big Pine Key; Al Freed of Key Haven; Norman Higgins. Mike Halpern then closed on the item. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen directing the County Attorney, Mr. Aguero and Mr. Joe Wise of William Hough & Co., the Bond Consultants, to provide the Board with a written opinion as to any possible. remedies to the current problem with the special assessment. During discussion a motion was made by Commissioner Swift and seconded by Commissioner Fahrer to allow for additional discussion by Board Members. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez No Commissioner Sorensen No Commissioner Swift Yes Mayor Harvey Yes Motion passed. After further discussion roll call vote was taken on the original motion and carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift directing Mr. Aguero, Manager of the District, to evaluate the cost of operating the District, the requirements of the Bond Issue, and the necessary millage which would be required to support the District and report back in two (2) weeks. Roll call vote was taken with the following results: 1 1 1 Z .229 1 1 1 Commissioner Fahrer Yes Commissioner Hernandez Yes Commissioner Sorensen No Commissioner Swift No Chairman Harvey Yes Motion carried. The Board then discussed the service charge as it applies to trailer parks. Motion was made by Commissioner Hernandez and seconded by Chairman Harvey directing the County Attorney, Mr. Proby; the Manager of the Municipal Service District; Mr. Aguero, to review the defi- nition of living units as ft applies to travel trailer parks and recreational vehicles and report back to the Board. Motion carried unanimously. A public hearing was held on a proposed ordinance providing that the Code of,Ordiances of Monroe County be amended by revising Chapter 3, animals and fowl, and Chapter 8, garbage, trash and refuse, for the purpose of making District XI Health Inspectors for the State of Florida, limited Health Code Violations Inspectors. This was the second scheduled public hearing. Proof of publication was previously entered into the record. Motion was made by, Commissioner Hernandez and seconded by Commissioner Swift to read the proposed ordinance by title only. Motion carried unanimously. There was no ,public participation. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the proposed ordinance. Motion carried una- nimously. ORDINANCE NO.006-1984 See Ord. Book No. 7 which is incorporated herein by reference. A public hearing was continued from earlier in; the date to consider the increase in the toll for Card Sound Bridge to fifty cents (50�), per axle. Proof of publication was previously entered into the records. Motion was made by Commissioner Hernandez to disapprove the proposed resolu- tion. No second was received, motion died for lack of a second. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to continue the public hearing to the next Plantation Key meeting at 10:00 A.M. During discussion Commissioner Sorensen withdrew his motion. Mr. Bob Harris of Post, Buc'kley, Schuh and Jernigan, Inc., addressed the Board concerning the increased traffic an'd toll receipts at the bridge. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt.the following resolution by revising Resolution No. 54-1967 to reflect the following rates for travel through the Card Sound Road and Bridge Facility, effective March 1, 1984: 2 axle vehicle $1.00 3 axle vehicle $1.50 4 axle vehicle $2.00 5 axle vehicle $2.50 6 axle vehicle $3.00 Commuter Rate per axle $ .40 together with a security system which is acceptable to'the Board of Board of County Commissioners. During discussion Commissioner Sorensen read ;a letter from Mr. Charles'Doads, Manager of the Bridge in which he raised several points con- cerning the security required for commuter rates. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to amend,the resolution to remove the provision for commuter rates. During discussion Commissioner Swift withdrew his second. The motion died for lack of a second. Roll call vote was taken on the original motion with the following results: Commissioner Fahrer Yes Commissioner Hernandez No Commissioner Sorensen No Commissioner Swift Yes Mayor Harvey Yes Motion carried. RESOLUTION NO. 019-1984 See Res. Book No. 36 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer authorizing the Consulting Engineers to advertise and call for bids for work to raise the Card Sound Toll Road at five (5) foot elevation. Roll call vote was taken and carried unanimously. The Board then discussed the appointment to the Advertising Commission. Chairman Harvey appointed Betty Keller of Marathon to replace Tim Miller for a one (1) year term. Motion carried unanimously. UNFINISHED BUSINESS Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following reso- lution incorporating.a biological assessment into the records concerning the permit application for seawall of Johnny Williams. Motion carried unanimously. RESOLUTION NO.020-1984 See Res. Book No. 36 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve payment of invoice to Randy Ludacer, Attorney, in the amount of $1,210.23 for pro- fessional services rendered in Rosenthal vs. Esquinaldo, et al Appeal and directing the County Attorney to proceed to pursue a judgement of cost in the case. Motion carried una- nimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the Board to execute a Purchase Agreement Equipment Supplement and Security Agreement with AT&T Information Systems, Inc. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the Board to execute a Letter of Agreement with Savin Sands of the Keys, Inc., for a Copier, Model No. 780 for the Emergency Services Office in Marathon at the rate of $119.00 per month for a two (2) year period. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to authorize renewal of Permit No. 01358 for Pete 'Santi of Keystone Products, Inc., for excava- tion in North Key Largo. During discussion Commissioner Sorensen withdrew his motion. Commissioner Hernandez then seconded the motion. During further discussion motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to substitute a motion which would renew the permit providing a minus 8' dept and for littoral sides of not less than 45' degree angle. During further discussion Commissioner Sorensen withdrew his substitute motion. Motion was then amended by the makers of the motion to include a dept of minus 12'and littoral sides of not less than 45 Roll call vote on the motion as amended carried unanimously. 1 1 1 1 Motion was made by';Commissioner Sorensen and seconded by Commissioner Fahrer to approve a variance to the Flood Hazard Ordinance from'Hans Restuccia as agent for Baskin Robbins Ice Cream inMarathon per staff recommen- dation. Roll call vote was''taken with the following results: Commissioner Fahrer it Yes Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift. Yes Mayor Harvey No Motion carried. Motion was made by Commissioner Sorensen and 4 seconded by Commissioner Hernandez.to approve a variance to the Flood Hazard Ordinance for Ted Carter Enterprises, !Inc., per staff recommendation. Roll call vote was taken with the following results: i Commissioner Fahrer Yes Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey No Motion carried. Motion was made byCommissioner Swift and seconded by Commissioner Hernandez to approve variances to the Filood Hazard Ordinance for Glen Corbin and John B. Haggard and four (4) variances for Hawks Cay Investors, Ltd., per staff recommendation. Roll call vote was taken and carried unani- mously. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to return the application of Ortelio Lopez for a variance to the Flood Hazard Ordinance to staff. Motion carried unanimously. Motion was made by''Commissioner Fahrer and seconded by Commissioner Swift to approve a variance to the Flood Hazard Ordinance for Robert,�Lytle. Motion carried unani- mously.. Motion was made by"Commissioner Fahrer and seconded by Chairman Harvey to return the application of Jose Armenteros for a variance to the Flood Hazard Ordinance.'to staff. During discussion Commissioner Fahrer withdrew her motion. Motion was made by;Commiss.ioner Fahrer and seconded by Commissioner Swift to approve a variance to the Flood HAzard Ordinance for Jose Armenteros per staff recommen-' dation. Motion carried unanimously. Motion was made by ;Commissioner Sorensen and �I seconded by Commissioner Her;,nandez to approve a variance to the Flood Hazard Ordinance for Charles E. Josephs per staff recommendation. Motion carried unanimously. Motion was made by';Commissioner Sorensen and seconded by Commissioner Hernandez to approve a variahc6 to the Flood Hazard Ordinance f;or Joel Cohen per staff recom- mendation. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Hernan'dez discussed hearing of appeals by location. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift instructing staff to set the appeals for hearings without consideration of the meeting. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey No Motion carried. Commissioner Swift discussed the Christian School's Clean-A-Thon to be held on January 28, 1984. This was for the Board's information only. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to cancel the meeting of February 10, 1984. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to cancel the meeting of April 20, 1984 which is Good Friday. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following schedule as amended: January 13, 1984 January 27, 1984 February 24, 1984 March 9, 1984 March 23, 1984 April 6, 1984 May 4, 1984 May 18, 1984 June 1, 1984 June 15, 1984 June 29, 1984 July' 13, 1984 July -27, 1984 August 10, 1984 August 24, 1984 September 7, 1984 September 21, 1984 October 5, 1984 October 19, 1984 November 2, 1984 November 16, 1984 November 30, 1984 December 14, 1984 December 28, 1984 Motion carried unanimously. Marathon Sub -Courthouse Key West Courtroom "B" Marathon Sub -Courthouse Key West Courtroom "B" Plantation Key Gov't Center Marathon Sub -Courthouse Plantation Key Gov't Center Marathon Sub -Courthouse Key West Courtroom "B" Plantation Key Gov't Center Marathon Sub -Courthouse Key West Courtroom "B" Plantation Key Gov't Center Marathon Sub -Courthouse Key West Courtroom "B" Plantation Key Gov't Center Marathon Sub -Courthouse Key West Courtroom "B" Plantation Key Gov't Center Marathon Sub -Courthouse Key West Courtroom "B" Plantation Gov't Center Marathon Sub -Courthouse Key West Courtroom "B" Commissioner Fahrer was schedule to discuss bridge shrimping. This item was withdrawn. Commissioner Fahrer discussed the Port Largo Suit. Motion was made by Commissioner Fahrer and seconded by Commissioner Hernandez directing the County Attorney to proceed to recover the cost if possible. During discssion the motion was withdrawn and referred to the County Attorney's Office. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following reso- lution concerning the Florida Power and Light rate increase. Motion carried unanimously. RESOLUTION NO.021-1984 See Res. Book No. 36 which is incorporated herein by reference. 1 1 i y. L �' 1 Commissioner Fahrer discussed "speed bumps" on Third Avenue, between 107th"Street and 109th Street, Gulf. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to refer this matter to Mr. Stickney'for a cost estimate. Motion carried unanimously. Chairman Harvey discussd the present procedure of placing the name of the sponsor of resolutions and ordinan- ces on the resolutions and ordinances themselves. Motion was made by Chairman Harvey and seconded by Commissioner Fahrer directing that the sponsoring Commissioner will ,have his or her name placed on the agenda only and not on the original resolutions and ordinances. During discussion; Commissioner Fahrer withdre� her second. Motion died f',or lack of a second, Mayor Harvey advised the Board that she had received a thank you letterifrom the family of Mr. Bill; Wolfe. i I. Mayor Harvey discussed the request from referendums to be held on March 13, 1984 concerning Translators and, the. Tourist Development Tax. Motion was made by Commissioner Hernandez and seconded by Chairman Harvey directing the County Administrator and the County Attorney to proceed with all necessary documents and notices for a referendum to;be held in the City of Key West concerning the Translator ;issue on the March 13, 1984 ballot. Motion carried unanimously. Motion was made byCommissioner Sorensen and seconded by Commissioner Fahrer directing the County Attorney to prepare and and!all necessary documents and advertisements necessary to!put the issue of a Tourist Development Tax for all of the remaining area of Monroe, County on the ballot for referendum on March 13, 1984. 1 Motion carried unanimously. Motion was made byl,Commissioner Swift and seconded by Commissioner Hernandez authorizing the County Attorney to prepare any and all necessary documents and advertisements to place a question on the ballot of March 13, 1984 con= cerning the Aquatic Preserve. Roll call vote was taken -with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swifts Yes Mayor Harvey i Yes Motion carried. Moti ont was made by Commissioner Sorensen and seconded by Commissioner Hernandez authorizing travel for any Commissioner to attend the State Fair in Tampa on February 12 and 13, 1984. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Mayor Harvey accepted a check in the amount of $1,151.65 presented by Mr. John Keane, Public Defender, ,for reimbursement of monies expended on conflict cases between July 1, 1982 and July 1, 1983. Motion was made by��Commissioner Fahrer and seconded by Chairman Harvey to authorize the County Attorney to advertise amendments to the'Code Enforcement Ordinance. Motion carried unanimously. Mr. Proby discussed the recent agreement executed between the County, Eden Hannon and EMCEE Corp., concerning the translator. Motion was:made by Commissioner Fahrer,;and 2�� Z seconded by.Commissioner Hernandez authorizing Eden Hannon to disburse the remaining twenty percent (20%) being held by them to,the contractor, EMCEE Corp. Roll call vote was taken and carried unanimously with Commissioner Sorensen and Commissioner Swift absent for roll call. Mr. Proby briefly discussed a report on a study done on the Pennykamp Reef which would be presented to the Cabinet very soon. This was for the Board's information only. There being no further business the meeting was adjourned. 1 1 =20 Z providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to read the proposed ordinance by title only. There was no public par- ticipation. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following ordi- nance and also directing the County Administrator to fund the expenses from Contingency. Motion carried unanimously with Commissioner Sorensen absent. ORDINANCE NO.001-1984 See Ord. Book No. 7 which is incorporated herein by reference. A public hearing was held on a proposed ordinance amending the Code of Ordinances, Chapter 6, buildings and construction, Article III, contractors, subcontractors, masters, joruneymen and maintenance personnel, by deleting the second sentence in the definition of Class C air con- ditioning contractor; providing for severability, codifica- tion and an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to read the proposed ordinance by title only. Motion carried unani- mously. There was no public particiation. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following ordinance. Motion carried unanimously with Commissioner Sorensen absent. ORDINANCE NO.002-1984 See Ord. Book No. 7 which is incorporated herein by reference. A public hearing was held on a proposed ordinance amending Ordinance No. 19-1983, by deleting paragraph 2 of section 8 entitled bonding and substituting a new paragraph therefore; providing for the severability of the same and an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to read the proposed ordi- nance by title only. Motion carried unanimously. There was no public participation. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following ordinance. Motion carried with Commissioner Sorensen absent. ORDINANCE NO.003-1984 See Ord. Book No. 7 which is incorporated herein by reference. A public hearing was held on a proposed ordinance amending Ordinance No. 003-1983 entitled "An Ordinance of Monroe County, amending the Code of Ordinances, Chapter 6, buildings and construction, Article III, contractors, sub- contractors, masters, journeyman and maintenance personnel, by adding a new section containing exemption therefrom, etc.", by revising subsection (7) of Section 1 providing for a change in the monetary value of owner occupied building improvements; revising subsection (14) of Section 1 pro- viding for changes in the specific sizes of air conditioning and refrigeration units; and revising Section 3 providing for renewal of Class C air conditioning contractor cer- tificates of competency; providing for severability; pro- viding for repealing of all ordinances or parts of ordinances in conflilct with this ordinance to the extent of said conflict; providing for inclusion in the Monroe County Code of Ordinances; providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to read the proposed ordinance by title only. Motion carried unanimously. There was no public participation. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following ordinance. Motion carried unanimously with Commissioner Sorensen absent. ORDINANCE NO.004-1984 See Ord. Book No. 7 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Chairman Harvey to reconsider Ordinance No. 003-1984 adopted earlier today which amends Ordinance No. 19-1983, by deleting paragraph 2 of Section 8 entitled bonding and substituting a new paragraph therefore. Roll call vote was taken and carried unanimously. Commissioner Sorensen discussed proposed amendment to Ordinance No. 19-1983. Commissioner Sorensen discussed a proposal that any major change in utility easements affecting 1 block or more should be approved by the Board of County Commissioners. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the ordinance. Motion carried unani- mously. ORDINANCE NO. 003-1984 See Ord. Book No. 7 which is incorpor-a—t-e-cT herein by reference. Motion was made by Commissioner Sorensen and seconded by Chairman Harvey to approve an appropriately numbered Administrative Order directing the County Administrator not to approve any permits which would affect a major change in easements affecting 1 block or more without approval of the Board of County Commissioners. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Next item was appointments to Boards. The following members were appointed for one (1) year terms. Zoninq Board: Comm. Hernandez - Gene Rhodus (reappointment) - unanimous Comm. Swift - Peter Bacle (reappointment) - unanimous Comm. Sorensen - Karen Sunderland (reappointment) unanimous Comm. Fahrer - John Stormont (reappointment) - Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez No Commissioner Sorensen No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Chairman Harvey - Mary Jean Bruce replacing Marilyn Johnson - unanimous Board of Adjustment: Comm. Hernandez - Cappy Joiner replacing Jorge Cabrera - unanimous Comm. Swift - Capt. Jerry Thomas (reappointment) - unanimous Comm. Fahrer - Eugene Wendelkowski replacing Gilbert Ryder - unanimous Comm. Sorensen - Larry Thompson (reappointment) - unanimous Mayor Harvey - Joyce A. Capron replacing Mary Jean Bruce - unanimous Advertisinq Commission: Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to reappoint all of the members of the Advertising Commission with the exception of Tim Miller for 1984 as follows: Edison Archer, Margo Golan, Tom Sawyer, Fred Gobel, Charlotte Crawford, Ida Barron, Bill Sellers and Henry Rosenthal. Motion carried unanimously. Z-71 1 2 Z Library Board: Comm. Swift - Mae Hill Russell replacing Marcie Herndon - unanimous Comm. Fahrer - Alice Skinger (reappointment) - unanimous Career Service Council: Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to postpone the appointment of a member to the Career Service Council. Motion carried unanimously. Monroe County Industrial Development Revenue Authority: Motion was made by Commissioner Sorensen and seconded by Chairman Harvey to reappoint Stanley Wade and Dale Baker to the Monroe County Industrial Development Revenue Authority. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Sorensen discussed some errors in the Flood Hazard Ordinance. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to declare than an emergency exists endangering the health, safety and welfare of the citizens of Monroe County, waiving the notice requirement as provided for in Section 125.66(3). Motion carried unanimously. Mr. Regan of the committee appointed to study the Flood Hazard Regulations discussed the proposed amendment to the ordinance. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following ordinance amending Ordinance No. 030-1983. The following individuals spoke: Frank Greenman, Attorney; Mike Halpern, Attorney; Tom Hardin of the Florida Keys Contractors Association; and Fred Tittle, Attorney. Roll call vote was taken on the motion to adopt and carried unanimously. ORDINANCE NO.005-1984 See Ord. Book No. 7 which is incorporated herein by reference. LEGAL DEPARTMENT Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve the following items by unanimous consent: The following resolutions were adopted authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Special Taxing District No. 5, to exe- cute an Agreement by and between Special Taxing District No. 5, and the Tavernier Volunteer Fire Department and Ambulance Corps, Inc., for the purpose of reimbursing its volunteer personnel for services rendered. RESOLUTION NO.003-1984 RESOLUTION NO.004- 984 See Res. Book No. 36 which is incorporated herein by reference. The following resolution was adopted authorizing the Chairman of the Board of County Commissioners acting as the Board of Governors of Special Taxing District No. 6, to exe- cute an Agreement by and between Special Taxing District No. 6 and the Key Largo Volunteer Fire Department, Inc., for the purpose of reimbursing its volunteer personnel for services rendered. RESOLUTION NO.005-1984 See Res. Book No. 36 which is incorporated herein by reference. Z Z3 The following resolution was adopted requesting the Department of Transportation to transfer the title of all roads on Duck Key, Indies Island and Utility Island to Monroe County, Florida. RESOLUTION NO.006-1984 See Res. Book No. 36 which is incorporated herein by reference. The following resolution was adopted naming unnamed Lake in Sombrero Properties Subdivision. RESOLUTION NO.007-1984 See Res. Book No. 36 which is incorporated herein by reference. The following resolution was adopted authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between the Board of County Commissioners and C. R. Food Service Co., for the purpose of providing meals for senior citizens participating in the Older Americans Act, Title III-C Nutrition Program. RESOLUTION NO.008-1984 See Res. Book No. 36 which is incorporated herein by reference. The following resolutions were adopted concerning receipt of unanticipated funds. RESOLUTION NO.009-1984 RESOLUTION NO.010- 984 RESOLUTION NO.O - 984 RESOLUTION NO.O12- 984 RESOLUTION N0.O 3- 984 RESOLUTION N0.O 4- 984 RESOLUTION NO.O 5- 984 See Res. Book No. 36 which is incorporated herein by reference. The following resolution was adopted transferring funds. RESOLUTION NO.O16-1984 See Res. Book No. 36 which is incorporated herein by reference. Motion carried unanimously. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to adopt the following items by unanimous consent: The following Warrants for December, 1983 and January, 1984 were approved: W A R R A N T S GENERAL REVENUE FUND, #15168-16229, in the amount of $29791—,r9-T-.U1. GENERAL REVENUD FUND, MARATHON BANK, #38, in the amount of S-2-8,108.70. GENERAL REVENUD FUND, FIRST AMERICAN BANK, #38, in the amount of $67,041.35. GENERAL REVENUE FUND FRS, #116-1201, in the amount of $194, 372—.UT:— SUPPLEMENT TO THE GENERAL REVENUE FUND, #131-133, in the amount of $78,677.15. FINE & FORFEITURE FUND, #305-310, in the amount of $2,926,445.16. ROAD & BRIDGE FUND, #256-259, in the amount of $293,671.5 AIRPORT OPERATION & MAINTENANCE FUND, #190-194, in the amount of 36,555.43. TRANSLATOR FUND, #20-22, in the amount of $6,214.02. CAPITAL PROJECTS FUND, #44-46, in the amount of $121,546.27. TOURIST DEVELOPMENT COUNCIL FUND, #76-78, in the amount of 56,962.78. LAW LIBRARY FUND, #103-105, in the amount of $2,499.32. CARD SOUND BRIDGE FUND, #13-16, in the amount of $41,753.1$-- MSD TAX DISTRICT, #443-447, in the amount of $307,744.5. WORKMENS COMPENSATION, #779-809, in the amount of $22,865.07—.— MSD PLEDGED FUND, #15, in the amount of $200,000.UU. MSD SOUTHEAST BANK, #171-174, in the amount of $330,838.53.- TOTAL $7,507,085.57 Board acknowledged receipt of the quarterly report of the Monroe County Sheriff relating to forfeited vehicles for the quarter ending September 30, 1983. Board apprved payment of the following Fine and Forfeiture expenditures for January, 1984: Court Appointed Attorne.v Fee: Robert Duffy 647.50 Franklin D. Greeman 1,212.50 William Kuypers 4,428.16 Baxter Lemmond 387.50 Henry Morgenstern 175.00 John P. Rotolo 867.49 John P. Rotolo 362.50 Steven P. Shea 634.86 Competency & Psy. Evaluations: John P. Mihalovich 375.00 Monica Druckman 350.00 Richard Hellman 125.00 Court Reporter Services: Associates Court Reporters 487.80 Brenda Farrell 2,907.00 Castillo & Castillo 1,825.60 Kathleen Fegers 60.60 Rapid Reporting 53.25 Court Interpreter: Tana DeGamez 25.00 Jerome Grapel 30.00 Stephen E. Moore 25.00 Witness Fees & Witness Payroll: Fees 90.00 Travel 216.96 GRAND TOTAL 15,286.72 Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve the following items by unanimous consent: Board approved payment of invoice to Post, Buckley, Schuh and Jernigan, Inc., for the month ending November 30, 1983 in the amount of $37,549.73. Board approved payment of invoice from Holland and Knight for professional services rendered through October 31, 1983 in connection with Palms of Islamorada lawsuit in the amount of $3,310.52. Board approved applicant Edelmiro A. Morales, Jr., for admission to Bayshore Manor effective December 28, 1983 and authorized execution of Agreement. Board approved payment of invoice to Mullin, Rhyne, Emmons & Topel dated December 14, 1983 in the amount of $19271.69 for professional services rendered in connection with Translator. Board approved Monroe County Title III-B Older Americans Transportation Program Contract and revised grant for January 1, 1984 through December 31, 1984. (Contract No. 84-1-887). Board approved Monroe County In -Home Services, Title III-B Grant Application and Contract for January 1, 1984 to December 31, 1984. (Contract No. 84-1-878). Board approved Monroe County Title III-C-2 Nutrition Program and grant application for January 1, 1984 through December 319 1984. (Contract No. 84-3-878). Board approved payment of Invoice No. 20 to Post, Buckley, Schuh and Jernigan, Inc., in the amount of $3,985.87 for the month ending October 31, 1983. Board approved execution of Contract with South Florida Regional Planning Council for hazardous waste assessment. Motion carried unanimously. The Board postponed consideration of Change Order No. 1 (final) FAA ADAP Project No. 6-12-0044-03-81 Marathon Airport for two (2) weeks. LEGAL DEPARTMENT The following individuals spoke on the matter of an approval of a Lease Agreement with Reef Hopper Airlines, Inc., for a sightseeing and charter operation and aerial advertising from the Marathon Airport: Bob Ernst of the Middle Keys Citizens Association, opposed; Dr. Romine, opposed; Eugene Wendlekowski, opposed; Frank Greenman, Attorney representing Reef Hopper Airlines discussed the request for a lease; Ueronice Peace, motel owner, discussed the item. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt a resolution authorizing the Chairman of the Board of County Commissioners to execute a Lease Agreement by and between the County of Monroe, State of Florida, and Reef Hopper Airlines, Inc., providing for a one (1) year term and also providing for a condition that the County will have the right to move the location of the operation at the discre- tion of the County with a ninety (90) day notice within the airport property and also striking Section 19 of the pro- posed lease. During discussion Commissioner Swift withdrew his motion. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to continue this item to the next meeting. Motion carried unanimously. The Board recessed for lunch. At 1:30 P.M., the Board held dedication ceremonies of the Melvin L. Levitt Senior Citizens Building. Next the Board held presentation of plaque at the Marathon Library honoring former Mayor George E. Dolezal for his efforts on behalf of Monroe County and particularly for his efforts for the construction of the new Marathon Library. Former Mayor Dolezal addressed the Commission and the public and thanked everyone who worked with him in his efforts towards the construction of the Library. Regular Meeting Re -convened The regular meeting re -convened with all Commissioners present. Also present were Danny L. Kolhage, 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. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Sorensen discussed a request by the Upper Keys Lions Club to waive a permit fee for a carnival. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to waive the fee in the amount of $555.00 for permit for carnival by the Upper Keys Lions Club. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following reso- lution authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between Ervin A. Higgs, Property Appraiser of Monroe County, and the County Commission of Monroe County as the Municipal Service District, for the purpose of requesting the Property Appraiser's Office to provide use of its computer system for assessment of special assessments and fees by Monroe County for said District. Motion carried unanimously. RESOLUTION NO.017-1984 See Res. Book No. 36 which is incorporated herein by reference. Board of Governors, District 2 2:45 P.M. A Board of Governors, District 2 Meeting convened. Present 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 interested citizens. Mr. Reggie Paros recommended the award of the bid for the refurbishment of one (1) 1976 Ford Tank Truck to Dowling Equipment Co., in the amount of $69,950.00. Motion was made by Commissioner Hernandez and seconded by Commissioner Feiner to award the bid to Dowling Equipment Co., for the refurbishment of one (1) 1976 Ford Tank Truck Z 2s`'7 in the amount of $69,950.00. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Feiner and seconded by Commissioner Fahrer to adjourn the District 2 meeting. Motion carried unanimously. Regular Meeting Re -convened Regular meeting re-convend with all Commissioners and staff present. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Motion was made by Commissioner Hernandez and seconded by Chairman Harvey to approve the Minutes of November 23, 1983. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve the following Monroe County Advertising Commission expenditures excluding the item in the amount of $33.80 (Oct. 31, 1983 Invoice of Stuart Newman for xerox copies for October, 33 x.10 = $33.80): Stuart Newman (Suppl. Billing) 2,587.11 Stuart Newman (Cons. & Trade Mag.) 3,545.00 Stuart Newman (Newspapers) 4,539.62 10,671.73 and to approve the following Tourist Development Council expenditures: Fantasy Fest 183 4,460.40 Stuart Newman (Fantasy Fest) 6,417.63 Red Barn Theatre (Dec. Inv.) 1,113.17 Key West Fishing Tournament 2,603.61 Stuart Newman (Production) 300.80 Stuart Newman (Consumer Mag.) 4,096.20 Stuart Newman (Newspapers) 4,709.11 Stuart Newman (Production) 1,904.28 25,605.2 Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift No Mayor Harvey Yes Motion carried. The Board discussed the fact that they had not received a copy of the Budget for the Advertising Commission for the current year. This matter was referred to the County Administrator. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator discussed the naming of roads and indicated that Florida Statutes left the naming of local roads to the discretion of the Board of County Commissioners. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to authorize the County Attorney to prepare and the Chairman to execute a resolution naming Horvath Road in Cahill Pines and Palms Subdivision, Big Pine Key. Roll call vote was taken and carried unani- mously. RESOLUTION NO. 018-1984 See Res. Book No. 36 which is incorporated herein by reference. Mr. Lewin discussed the recommendation for the 2"s Z settlement of a Workmens Compensation Claim with Joan Thompson in the amount of $25,000.00 plus $4,500.00 Attorney fees. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer authorizing the County Administrator and the Consultants to proceed to settle the claim in the case of Joan Thompson in the amount of $25,000.00 plus $4,500.00 Attorney fees based upon the recommendation of the County Attorney and the Insurance Consultant. Motion carried unanimously. Mr. Lewin discussed a bill for some damages to a leased vehicle. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to authorize the payment of the bill in the amount of $1,030.00 to the leased vehicle of the County Attorney. During discussion a motion was made by by Commissioner Swift and seconded by Commissioner Sorensen to continue this item to the next meeting. Motion carried unanimously. The County Administrator then discussed the sche- duled meeting for February 10, 1984 and the SACC Meeting which will be held during that period. The County Administrator discussed a proposed meeting with the City of Key West and the Board of County Commissioners concerning the issue of dual taxation. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to set the date of March 8, 1984 as a joint meeting between the Board of County Commissioners and the City of Key West to discuss dual taxation. Roll call vote was taken and carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mayor Harvey briefly discussed the $28.00 special assessment for garbage. Mr. Aguero addressed the Board and the public present and described the need and the method of arriving at the assessment. The following individuals spoke: Mike Halpern, Attorney; Cathy Graves, Real Estate Agent; Winfield Chasmar; Dick Fare of Key Largo; David Jackson of Jolly Rogers Travel Park; Veronica Peace; Hank Mormon of Big Pine Key; Al Freed of Key Haven; Norman Higgins. Mike Halpern then closed on the item. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen directing the County Attorney, Mr. Aguero and Mr. Joe Wise of William Hough & Co., the Bond Consultants, to provide the Board with a written opinion as to any possible remedies to the current problem with the special assessment. During discussion a motion was made by Commissioner Swift and seconded by Commissioner Fahrer to allow for additional discussion by Board Members. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez No Commissioner Sorensen No Commissioner Swift Yes Mayor Harvey Yes Motion passed. After further discussion roll call vote was taken on the original motion and carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift directing Mr. Aguero, Manager of the District, to evaluate the cost of operating the District, the requirements of the Bond Issue, and the necessary millage which would be required to support the District and report back in two (2) weeks. Roll call vote was taken with the following results: Z 229 Commissioner Fahrer Yes Commissioner Hernandez Yes Commissioner Sorensen No Commissioner Swift No Chairman Harvey Yes Motion carried. The Board then discussed the service charge as it applies to trailer parks. Motion was made by Commissioner Hernandez and seconded by Chairman Harvey directing the County Attorney, Mr. Proby; the Manager of the Municipal Service District, Mr. Aguero, to review the defi- nition of living units as it applies to travel trailer parks and recreational vehicles and report back to the Board. Motion carried unanimously. A public hearing was held on a proposed ordinance providing that the Code of Ordiances of Monroe County be amended by revising Chapter 3, animals and fowl, and Chapter 8, garbage, trash and refuse, for the purpose of making District XI Health Inspectors for the State of Florida, limited Health Code Violations Inspectors. This was the second scheduled public hearing. Proof of publication was previously entered into the record. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to read the proposed ordinance by title only. Motion carried unanimously. There was no public participation. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the proposed ordinance. Motion carried una- nimously. ORDINANCE NO.006-1984 See Ord. Book No. 7 which is incorporated herein by reference. A public hearing was continued from earlier in the date to consider the increase in the toll for Card Sound Bridge to fifty cents (50t) per axle. Proof of publication was previously entered into the records. Motion was made by Commissioner Hernandez to disapprove the proposed resolu- tion. No second was received, motion died for lack of a second. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to continue the public hearing to the next Plantation Key meeting at 10:00 A.M. During discussion Commissioner Sorensen withdrew his motion. Mr. Bob Harris of Post, Buckley, Schuh and Jernigan, Inc., addressed the Board concerning the increased traffic and toll receipts at the bridge. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following resolution by revising Resolution No. 54-1967 to reflect the following rates for travel through the Card Sound Road and Bridge Facility, effective March 1, 1984: 2 axle vehicle $1.00 3 axle vehicle $1.50 4 axle vehicle $2.00 5 axle vehicle $2.50 6 axle vehicle $3.00 Commuter Rate per axle $ .40 together with a security system which is acceptable to the Board of Board of County Commissioners. During discussion Commissioner Sorensen read a letter from Mr. Charles Doads, Manager of the Bridge in which he raised several points con- cerning the security required for commuter rates. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to amend the resolution to remove the provision for commuter rates. During discussion Commissioner Swift withdrew his second. The motion died for lack of a second. Roll call vote was taken on the original motion with the following results: t2 Z Commissioner Fahrer Yes Commissioner Hernandez No Commissioner Sorensen No Commissioner Swift Yes Mayor Harvey Yes Motion carried. RESOLUTION NO. 019-1984 See Res. Book No. 36 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer authorizing the Consulting Engineers to advertise and call for bids for work to raise the Card Sound Toll Road at five (5) foot elevation. Roll call vote was taken and carried unanimously. The Board then discussed the appointment to the Advertising Commission. Chairman Harvey appointed Betty Keller of Marathon to replace Tim Miller for a one (1) year term. Motion carried unanimously. UNFINISHED BUSINESS Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following reso- lution incorporating a biological assessment into the records concerning the permit application for seawall of Johnny Williams. Motion carried unanimously. RESOLUTION NO.020-1984 See Res. Book No. 36 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve payment of invoice to Randy Ludacer, Attorney, in the amount of $1,210.23 for pro- fessional services rendered in Rosenthal vs. Esquinaldo, et al Appeal and directing the County Attorney to proceed to pursue a judgement of cost in the case. Motion carried una- nimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the Board to execute a Purchase Agreement Equipment Supplement and Security Agreement with AT&T Information Systems, Inc. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the Board to execute a Letter of Agreement with Savin Sands of the Keys, Inc., for a Copier, Model No. 780 for the Emergency Services Office in Marathon at the rate of $119.00 per month for a two (2) year period. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to authorize renewal of Permit No. 01358 for Pete Santi of Keystone Products, Inc., for excava- tion in North Key Largo. During discussion Commissioner Sorensen withdrew his motion. Commissioner Hernandez then seconded the motion. During further discussion motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to substitute a motion which would renew the permit providing a minus 8' dept and for littoral sides of not less than 45' degree angle. During further discussion Commissioner Sorensen withdrew his substitute motion. Motion was then amended by the makers of the motion to include a dept of minus 12'and littoral sides of not less than 45°. Roll call vote on the motion as amended carried unanimously. Z 2v'1. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve a variance to the Flood Hazard Ordinance from Hans Restuccia as agent for Baskin Robbins Ice Cream in Marathon per staff recommen- dation. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey No Motion carried. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to approve a variance to the Flood Hazard Ordinance for Ted Carter Enterprises, Inc., per staff recommendation. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey No Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve variances to the Flood Hazard Ordinance for Glen Corbin and John B. Haggard and four (4) variances for Hawks Cay Investors, Ltd., per staff recommendation. Roll call vote was taken and carried unani- mously. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to return the application of Ortelio Lopez for a variance to the Flood Hazard Ordinance to staff. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve a variance to the Flood Hazard Ordinance for Robert Lytle. Motion carried unani- mously. Motion was made by Commissioner Fahrer and seconded by Chairman Harvey to return the application of Jose Armenteros for a variance to the Flood Hazard Ordinance to staff. During discussion Commissioner Fahrer withdrew her motion. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve a variance to the Flood HAzard Ordinance for Jose Armenteros per staff recommen- dation. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to approve a variance to the Flood Hazard Ordinance for Charles E. Josephs per staff recommendation. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to approve a variance to the Flood Hazard Ordinance for Joel Cohen per staff recom- mendation. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Hernandez discussed hearing of appeals by location. Motion was made by Commissioner Hernandez and 232 Z seconded by Commissioner Swift instructing staff to set the appeals for hearings without consideration of the meeting. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey No Motion carried. Commissioner Swift discussed the Christian School's Clean-A-Thon to be held on January 28, 1984. This was for the Board's information only. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to cancel the meeting of February 10, 1984. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to cancel the meeting of April 20, 1984 which is Good Friday. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following schedule as amended: January 13, 1984 January 27, 1984 February 24, 1984 March 9, 1984 March 23, 1984 April 6, 1984 May 4, 1984 May 18, 1984 June 1, 1984 June 15, 1984 June 29, 1984 July 13, 1984 July 27, 1984 August 10, 1984 August 24, 1984 September 7, 1984 September 21, 1984 October 5, 1984 October 19, 1984 November 2, 1984 November 16, 1984 November 30, 1984 December 14, 1984 December 28, 1984 Motion carried unanimously. Marathon Sub -Courthouse Key West Courtroom "B" Marathon Sub -Courthouse Key West Courtroom "B" Plantation Key Gov't Center Marathon Sub -Courthouse Plantation Key Gov't Center Marathon Sub -Courthouse Key West Courtroom "B" Plantation Key Gov't Center Marathon Sub -Courthouse Key West Courtroom "B" Plantation Key Gov't Center Marathon Sub -Courthouse Key West Courtroom "B" Plantation Key Gov't Center Marathon Sub -Courthouse Key West Courtroom "B" Plantation Key Gov't Center Marathon Sub -Courthouse Key West Courtroom "B" Plantation Gov't Center Marathon Sub -Courthouse Key West Courtroom "B" Commissioner Fahrer was schedule to discuss bridge shrimping. This item was withdrawn. Commissioner Fahrer discussed the Port Largo Suit. Motion was made by Commissioner Fahrer and seconded by Commissioner Hernandez directing the County Attorney to proceed to recover the cost if possible. During discssion the motion was withdrawn and referred to the County Attorney's Office. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following reso- lution concerning the Florida Power and Light rate increase. Motion carried unanimously. RESOLUTION NO.021-1984 See Res. Book No. 36 which is incorporated herein by reference. Z 2,?3 Commissioner Fahrer discussed "speed bumps" on Third Avenue, between 107th Street and 109th Street, Gulf. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to refer this matter to Mr. Stickney for a cost estimate. Motion carried unanimously. Chairman Harvey discussd the present procedure of placing the name of the sponsor of resolutions and ordinan- ces on the resolutions and ordinances themselves. Motion was made by Chairman Harvey and seconded by Commissioner Fahrer directing that the sponsoring Commissioner will have his or her name placed on the agenda only and not on the original resolutions and ordinances. During discussion Commissioner Fahrer withdrew her second. Motion died for lack of a second. Mayor Harvey advised the Board that she had received a thank you letter from the family of Mr. Bill Wolfe. Mayor Harvey discussed the request from referendums to be held on March 13, 1984 concerning Translators and the Tourist Development Tax. Motion was made by Commissioner Hernandez and seconded by Chairman Harvey directing the County Administrator and the County Attorney to proceed with all necessary documents and notices for a referendum to be held in the City of Key West concerning the Translator issue on the March 13, 1984 ballot. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer directing the County Attorney to prepare and and all necessary documents and advertisements necessary to put the issue of a Tourist Development Tax for all of the remaining area of Monroe County on the ballot for referendum on March 13, 1984. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez authorizing the County Attorney to prepare any and all necessary documents and advertisements to place a question on the ballot of March 13, 1984 con- cerning the Aquatic Preserve. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Yes Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez authorizing travel for any Commissioner to attend the State Fair in Tampa on February 12 and 13, 1984. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Mayor Harvey accepted a check in the amount of $1,151.65 presented by Mr. John Keane, Public Defender, for reimbursement of monies expended on conflict cases between July 1, 1982 and July 1, 1983. Motion was made by Commissioner Fahrer and seconded by Chairman Harvey to authorize the County Attorney to advertise amendments to the Code Enforcement Ordinance. Motion carried unanimously. Mr. Proby discussed the recent agreement executed between the County, Eden Hannon and EMCEE Corp., concerning the translator. Motion was made by Commissioner Fahrer and 2? 4 Z seconded by Commissioner Hernandez authorizing Eden Hannon to disburse the remaining twenty percent (20%) being held by them to the contractor, EMCEE Corp. Roll call vote was taken and carried unanimously with Commissioner Sorensen and Commissioner Swift absent for roll call. Mr. Proby briefly discussed a report on a study done on the Pennykamp Reef which would be presented to the Cabinet very soon. This was for the Board's information only. There being no further business the meeting was adjourned. * * * * * * * * * * * *