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11/29/1982 Regular yO?1 Regular Meeting Board of County Commissioners Monday, November 29, 1982 Key West, Florida - A regular meeting of the Board of County . Commissioners convened on November 29, 1982 at 10:00 A.M. 1n Key West. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner Wilhelmina Harvey, Commissioner Ed Swift and Chairman Jerry Hernandez, Jr. Also present were Ralph W. White, Clerk; Danny L: Kolh~ge, Deputy Clerk; Lucien Proby, County Attorney; Kerm1t L~w1n, County Administrator; members of the County's Consult1ng Engineers; members of the Press and Radio; and general public. All stood for the Invocation. The Board observed a moment of silence at this time in memory of Connie Gibbs who recently passed away. Commissioner Harvey led the Pledge of Allegiance to the Flag. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to recess the regular meeting in order to hold the District 2 Meeting. Motion carried unani- mously. Board of Governers Dist. 2 A regular meeting of the District 2, Board of Governors convened at this time. Present and answering to roll call were Commissioner Samuel Feiner, Commissioner Jerry Hernandez, Jr., Commissioner Alison Fahrer and Chairman Wilhlemina Harvey. Commissioner Radom was absent. - The meeting was called to order by Chairperson Harvey for the purpose of opening bids for ambulance equip- ment. Proof of publication was entered into the record. The first bid opening was for Type III Ambulance Re-Chassis for refurbishing and remounting of an existing Type III Ambulance's Modular Patient Compartment onto a new 1983 Ford E-350, Cutaway Cab and Chassis. Proof of publica- tion was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to authorize the Clerk to open the bids. Motion carried unanimously. The following bids were received: Ambulance Sales, Inc. (ASI) 299 Kenilworth Avenue P. O. Box 1135 Ormond Beach, Fla. 32074 $21,685.00 E.V.F. Inc. 755 Garden Road Riviera Beach, Fla. 33404 $24,950.00 - Next was the opening of bids for Type I Ambulance Re-Chassis for refurbishing and remounting of an existing Type III Ambulance's Modular Patient Compartment onto a new 1983 Chevrolet C-30 Cab and Chassis. Proof of publication was entered into the record. The following bid was received: Ambulance Sales, Inc. (ASI) $22,458.00 Motion was made by Commissioner Hernandez and seconded by Commissioner Feiner to refer the bids to staff for a report back at 2:00 P.M. today. Motion carried unanimously. Motion was then made by Commissioner Feiner and seconded by Commissioner Fahrer to postpone the District 2 Board of Governors Meeting until 2:00 P.M. Motion carried unani- mously. 90 12 6 54 12 6 54 072y 102 121 99 90 99 86 127 127 127 The regular meeting re-convened. All Commissioners were now present. Also present were Danny L. Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the County's Consulting Engineers, Press, Radio, and general public. PUBLIC HEARING A public hearing was held on proposed road abandon- ment of a portion of Crane Boulevard on Upper Sugarloaf Key, Monroe County, Florida. Proof of publication was entered into the records. Jerome Shipley, P.A., representing the U. S. Fish and Wildlife Service addressed the Board requesting the Boards approval. Mr. Art Weiner also addressed the Board and requested the abandonment. Mr. Herbert Pontin addressed theBoard opposing the abandonment. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following resolution authorizing the road abandonment for a portion of Crane Boulevard on Upper Sugarloaf Key. During discussion Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to amend the motion to reflect that it be contingent upon the payment of $1,200.00 (the highest appraisal) to be paid by the U. S. Wildlife Service. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Swift voting no. Motion was then made by Commissioner Swift and seconded by Commissioner Harvey instructing the Public Works Department to get propo,sals to barricade the road per the petitioners request. Motlon . carried unanimously. RESOLUTION NO.297-1982 See Res. Book No. 30 which is incorporated herein by reference. LEGAL DEPARTMENT Commissioner Harvey read a resolution into the records commending Melvin L. Levitt. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt said resolution. Motion carried unanimously. The Board presented a copy to Mr. Levitt. RESOLUTION NO. 298-1982 See Re s. Boo k No. 30WhTch-fs--i rico rp or afe-d- -h ere i n by reference. UNFINISHED BUSINESS The Seven Mile Marina, Inc., d/b/a Anglers Outlet, Inc., requested a permit for use of an aluminum building as a marina sales and service office. This item was deleted from the agenda and the County Administrator was instructed to schedule this for a Marathon meeting. Motion was made by Commissioner Sorensen and seconded by Chairman Hernandez to approve a variance for Matthew Kaczkowski to build garages in BU-2R Zone per staff recommendation. During discussion a motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to postpone this item. Roll call vote was taken on the motion to postpone and failed with Commissioner Sorensen, Commissioner Swift. and Chairman Hernandez voting no. Roll call vote was taken on the original motion to approve the variance and carried with Commissioner Fahrer and Commissioner Harvey voting no. Next item was consideration of a variance to the AICUZ Variance for Paul Snellinger. Mr. Snellinger YJ73 addressed the Board. Motion was made by Commissioner ~wift and seconded by Commissioner Sorensen to approve a varlance for Mr. Snellinger for a two (2) foot variance for the storage of mobile vehicles and machinery per staff recommen- dation. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Harvey voting no. Next item was consideration of an excavation permit for Charles Valois in Key Largo. Motion was made by Chairman Hernandez and seconded by Commissioner Swift to 127 postpone consideration of this item until later in the 86 agenda until Mr. Valois Attorney could be present. Motion carried unanimously. OPENING OF BIDS Next item was opening of sealed bids for furnishing all labor, materials and equipment for the construction of terminal modifications, ADAP Construction Project No. 6-12-0037-06-81 at Key West International Airport. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to authorize the Clerk to open the bids. Motion carried unanimously. The following bids were received: 12 5 Frank Keevan & Son, Inc. 2nd Street Stock Island, Key West, Fla. $67,172.00 Premier Electric Internat'l Corp. 125 N.W. 43rd Street Boca Raton, Fla. 33432 $91,182.30 Toppino Construction Co., Inc. Box 1058 Key West, Fla. 33040 $79,800.00 Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to refer the bids to staff for a report back to the Board. Motion carried unanimously. Next was the opening of sealed bids for furnishing all labor, materials, and equipment for the construction of Airside Improvements, ADAP Construction Project No. 6-12-0044-03-81 at Marathon Airport, Marathon, Florida. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Chairman Hernandez to authorize the Clerk to open the bids. Motion carried unanimously. The following bids were received: Frank Keevan & Son, Inc. 2nd Street Stock Island, Key West, Fla. 12 5 17 $533,968.65 - The Brewer Co. of Fla., Inc. 9801 N.W. 106th Street Miami, Fla. 33178 General Asphalt Co., Inc. P. O. Box 52 2306 4850 N.W. 72nd Avenue Miami, Fla. 33152 $377,410.50 $365,018.20 Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to refer the bids to staff for a report back to the Board. Motion carried unanimously. Next item was the oJ;tentngof sea1.ed bids for fur- n ish i n g all 1 a b 0 r, mater i a 1 s and e qui p men t for the con s t rue - tion of landsideImprovements (Phase I-New Terminal Entrance 12 074y 31 Road), ADAP Construction Project No. 6-12-0037-06-81 at Key 5 West International Airport, Key West, Florida. Proof of publication was entered into the records. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize the Clerk to open the bids. Motion carried unanimously. The following bids were received: Premier Electric Internat'l Corp. P. O. Boc 1576 Key West, Florida 33040 $132,955.45 Frank Keevan & Son, Inc. 2nd Street Stock Island, Key West, Fla. $120,904.00 Upper Keys Marine Constion Inc. P. O. Box 18A Key Largo, Fla. 33037 $146,743.95 Charley Toppino & Sons, Inc. P. O. Box 787 Key West, Florida 33040 $130,508.05 Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to refer the bids to staff for a report back to the Board. Motion carried with Commissioner Sorensen absent. The Chairman recognized Emory Major, Civil Service Board Member and Woodrow Niles, former Public Works Director for the City of Key West who were present in the audience. UNFINISHED BUSINESS The Board returned to an item concerning an excava- tion permit for Charles Valois in Key Largo. Mr. Jim 86 Hendricks, P.A., representing Mr. Valois, addressed the 127 Board and requested that the Board grant Mr. Valois a permit for commercial excavation to cease in one (1) year. During discussion the motion was amended to include payment of double fee for each year of delinquency. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Harvey voting no. 113 84 127 LEGAL DEPARTMENT The Board discussed a letter from Harry F. Knight, Tax Collector, requesting that the County review Sections 48 and 52 of the Occupational License Ordinance concerning peddlers and mobile units and asked that the Board order a t~mporary moratorium on further issuance of these licenses until a study is made. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to refer this matter to the Acting Building and Zoning Director and the County Attorney to prepare a draft amendment to the Occupational license Ordinance and bring it back to the Board prior to advertisement for review by the Board of County Commissioners. Motion carried unanimously. Mr. Ernie Young, Chief Violations Inspector, discussed peddlers. Marie landry, Big Pine Key, discussed the moratorium. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen instructing the Acting Building and Zoning Director to look into the use of public property by peddlers. Motion carried with Commissioner Harvey absent for roll call. Motion was then made by Commissioner Sorensen and seconded by Commissioner Fahrer to impose a temporary moratorium on issuance of peddlers license under Sections 48 and 52 until January 21, 1982 per recommendation of the Tax Collector. Motion carried unanimously with Commissioner Harvey absent. V 075 Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to incorporate a biological assessment into the records concerning the application of 127 Richard A. Giefer proposing the construction of a bulkhead along a residential shoreline and backfill behind the bulkhead and riprap at its base per staff recommendation. Motion carried unanimously. - RESOLUTION NO. 299-1982 See Res. Book No. 30 which is incorporated herein by reference. 99 The next item was a resolution concerning applica- tion of Sochet and Rosenberg proposing to create a 0.95 acre upland boat basin and create an access canal/channel of 80'x50'x-5' through upland and wetlands into an existing canal/channel. County staff's recommendation was disappro- val with the notation that a more favorable review may be possible if the proposed basin is removed from the Shoreline Protection Zone and hydrographic study by the applicant shows water quality will be maintained. The County Administrator advised that the applicant requested that this item be postponed. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer instructing the County Administrator to seek clarification as to how the item appeared on the agenda for approval when it was disapproved by County staff. Commissioner Fahrer requested that this item be further discussed under the "Reports and Recommendations of Board Members". Motion carried unani- mously. 127 2 Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve the following items by unanimous consent: Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Addendum to Franchise Agreement by and between the Board of County Commissioners Monroe County, Florida, and John E. Carter, d/b/a Key's Sanitary Service providing special assessment for waste disposal services. 34 62 RESOLUTION NO. 300-1982 See Res. Book No. 30~Eh--rs-incorporafed-herein by reference. 99 Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Addendum to Franchise Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Island Disposal Company, Inc., providing special assessment for waste disposal ser- vices. 34 62 RESOLUTION NO. 301-1982 See Res. Book No. 30 which is incorporate'd" -herein by reference. 99 - Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Addendum to Franchise Agrement by and between the Board of County Commissioners of Monroe County, Florida, and Marathon Garbage Service, Inc., providing special assessment for waste disposal services. 34 62 RESOLUTION NO. 302-1982 See Res. Book No. 30 which is-incorporated herein by reference. 99 07& Y 34 62 123 99 34 62 123 99 34 62 123 99 34 99 34 99 Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Addendum to Franchise Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Baltuff Service, Inc., pro- viding special assessment for waste disposal services. RESOLUTION NO. 303-1982 See Res. Book No. 30Whlch is incorporafed-herein by reference. Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Addendum to Franchise Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Bland Disposal Services, Inc., providing special assessment for waste disposal services. RESOLUTION NO. 304-1982 See Res. Book No. 30 which is incorporated herein by reference. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following reso- lution authorizing the Chairman of the Board of County C t) J') fJ i "" i f) n e r s 0 f M 0 n roe C 0 u n t y, F lor i d a, toe x e cut e an Addendum to Franchise Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Waste Management of Florida, Inc., d/b/a Florida Disposal Company providing special assessment for waste disposal services. Motion carried unanimously. RESOLUTION NO. 305-1982 See Res . Boo k No. 30 WhTEfl- 15- i n co r p 0 r ate d her e i n by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following reso- lution as corrected 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 Community Mental Health Clinic of the Lower Keys. Motion carried una- nimously. RESOLUTION NO. 306-1982 See Res. Book No. 30-whTCh-,S-incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to adopt the following reso- lutions by unanimous consent: Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and the Guidance Clinic of the Middle Keys for the rendering of mental health services to the citizens of the Middle Keys. RESOLUTION NO. 307-1982 -_._,~.._-- - --'.-- --- See Res. Book No. 30 which is incorporated herein by reference. Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe 1" y077 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. 308-1982 See Res. Book No. 30 which-ls-incorporat~herein by reference. 99 Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt the following resolution concerning receipt of unanticipated funds (Radiological Emergency Planning Grant). Motion carried unanimously. 63 RESOLUTION NO. 309-1982 See Res. Book No. 30-whTch-,s-incorporated-herein by reference. 99 Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to adopt the following resolution c~ncerning receipt of unanticipated funds ((Entrant Impact Ald). Roll call vote was taken and carried with Commissioner Sorensen and Commissioner Swift voting no. 17 RESOLUTION NO. 310-1982 See Res. Book No. 30 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt the following resolutions transferring funds for fiscal year 1981-82 and 1982-83. Motion carried unanimously. 99 17 RESOLUTION NO. 311-1982 RE SOL uffo-N- NO.- TI2-T982 See Res. Book No. 30 which is-fncorporatedherein by reference. 99 99 REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator discussed New Years holi- day schedule and estimate of costs to provide planning information. No action was taken at this time. 2 87 31 Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize the County Attorney to advertise and cdll for bids for one (1) new Type III Ambulance for Municipal Service Taxing District 1-C and to seek proposals for financing of same. Motion carried unanimously. 12 54 Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to waive all licenses, pet- mits, etc., for Marathon American Legion Memorial Post 154 for the Post to sponsor "Zabel's Show, Inc." the last week of January, 1983. Motion carried unanimously. 86 18 - Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to waive the building permit fee for the American Red Cross for the moving of two existing central air conditioners condensing units at Plantation Key. Motion carried unanimously. 86 18 An item concerning leasing of automobiles for judi- cial travel was postponed until after lunch. 37 Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to deny the request of Eduardo Cerra, Trustee, for a continuance of his hearing 13 3 078 V 127 34 69 17 127 17 127 106 63 after January 1, 1983 concerning the Amended Plat of Key Largo Park and Pirates Cove Subdivision. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to approve Amendment to Agreement with Metropolitan Life Insurance to Group Policy No. 25923-G per staff recommendation. Motion carried unani- mously. " Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve payment to South Florida Regional Planning Council in the amount of $7,058.48 for membership. During discussion motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to postpone this item for two (2) weeks. Roll call vote was taken on the motion to postpone and carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to deny a variance to the AICUZ Zone for Gustave and Maxine Merkle. During discussion a motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to postpone consideration of thi~ iter]. MJtion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey deny a refund to Southern Bell Telephone Company in the amount of $100.00 for filing fee of the Appeal of the Board of Adjustment's decision. Roll call vote was taken and carried with Commissioner Swift voting no. Commissioner Hernandez requested that this item be placed on the next agenda for re-consideration. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to approve a request for continuing funding of the Monroe County In-Home Services, Community Care for the Elderly Continuing Funding Fiscal Year 1982-83. Motion carried unanimously. At this time the Board recognized Mr. Ervin A. Higgst Property Appraiser. 2:00P.M. The Board recessed for lunch and will re-convene at Board of Governors, District 2 2:00 P.M., November 29, 1982 The Board of Governors, District 2, convened on November 29, 1982 at 2:00 P.M. Present and answering to roll call were Commissioner Feiner, Commissioner Fahrer, and Commissioner Hernandez. Chairperson Harvey was absent for roll call but entered and was seated during discussion of the bids. Mr. Paros discussed the bids opened earlier for am b u 1 an c ere - c has s is, ref u r b ish i n g d n d rein 0 tJ n tin 9 0 f din b u _ 54 lance. Motion was made by Commissioner Feiner and seconded 12 by Commissioner Fahrer to accept the low bid of Ambulance Sales, Inc. in the amount of $21,685.00 for Type III Ambulance Re-chassis per Mr. Paros recommendation. Roll call vote was taken and carried unanimously. Next the Board discussed the loan quotes and were advised that Boulevard Bank had bid at 9.5 % and Florida 17 National Bank of the Florida Keys at 9.0 %. Motion was made 12 by Commissioner Fahrer and seconded by Chairman Hernandez to 54 award to low bidder Florida National Bank of the Florida 41 Keys at 9%. During discussion the motion was amended to borrow an additional $1500.00 to include towing and travel V 079 - fees for the purchase of the equipment. During further discussion the Board was advised of a bid from The Marathon Bank in the amount of 7.3%. The motion was withdrawn. Motion was then made by Commissioner Fahrer and seconded by Commissioner Feiner to obtain the loan in the amount of $21 685.00 plus $1500.00 from The Marathon Bank at 7.3 %. Roli call vote was taken and carried unanimously. Commissioner Feiner discussed the proposed assessment contract and collection process. Mr. Harley Albrick, Fishermens Hospital Administrator, also discussed this item. Motion was made by Commissioner Feiner and seconded by Commissioner Hernandez instructing the County Attorney to draft a new resolution revising the section con- cerning collection of bad debts. Motion carried unani- mously. 34 123 67 There being no further business the District 2 Board of Governors meeting a motion was made by Commissioner Feiner and seconded by Commissioner Fahrer to adjourn. Motion carried unanimously. Regular Meeting Re-convened The regular meeting re-convened with all Commissioners present. Also present were County Clerk, County Attorney, County Administrator, members of the Press, Radio, and general public. The Board discussed office space for the Public Defender with David Wolkowsky in Key West. Mr. Keane and his attorney Mr. Jim Hendricks were both present and addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to approve the lease. During discussion the motion was amended by Commissioner Sorensen and seconded by Commissioner Fahrer to amend the lease to a two and one half (21) year lease effective this date with a one (1) year cancellation clause at the end of the term upon notification. During discussion the motion to amend was withdrawn. Roll call vote was then taken on the original motion and carried with Commissioner Sorensen voting no. 75 92 REPORTS! RECOMMENDAI~~~~ Qf COUNI~ ADMI~I2~~~I~~ David Hawkins, Court Administrator, addressed the Board regarding leasing of automobiles for the Circuit and County Court Judges. Motion was made by Commissioner' Fd~lr'er 37 instructing the County Attorney and the County Clerk to pre- 75 pare a draft resolution or ordinance and advertise and the Court Administrator was instructed to seek proposals. During discussion Commissioner Sorensen moved to postpone this item for two weeks. The motion was seconded by Commissioner Harvey and carried unanimously. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD - _..____~_,_,__._ __ ___._ __ _n._ _____._ - Next item was consideration of a Concealed Weapons Permit Application for Mr. Russell Sullivan. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to grant the permit to Mr. Sullivan. Motion carried unanimously with Commissioner Sorensen absent. 124 86 REPORTS! RECQMME:~D.1\TIU'C: q- I I!, rv ;,11\1! - ;, '-,I ,1.): ,I I I _\ ell 1_ ,- .., I 1 1 : I I . I l i 1 ;~;) 11!j by Commissioner Swift to authorize the County Attorney to prepare an amendment to the contract with Mrs. Beverly Morris, current resident of Bayshore Manor to reflect the amount of $ 2 5 0 . 00 . Motion car r i e oJ J rj di 1\ ' i , 1 \' . . - .. - ..,- 34 106 080 y 106 35 12 \1J i:.; tfj,I,. _ l' .. 1.1 .'. I J . l~j by Commissioner Sorensen to approve an extension of the 63 Senior Community Service Project Grant Modification for 106 period of October 1, 1982 to June 30, 1983 by the National Council on the Aging, Inc. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to authorize the County 5 Attorney to prepare advertisement for bids on conversion of 35 employee restrooms to handicapped men and women restrooms at 12 Key West International Airport. Motion carried unani~ously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize the County Attorney to advertise and call for bids on the senior citi- zens building in Marathon. Motion carried unanimously. 127 Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve a variance to the Flood Hazard Ordinance for Lawrence Dion per staff recommen- dation. Motion carried unanimously. 75 73 Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the lease-purchase over a two (2) year periud at 10.75% of a Rex Trashmaster for Long Key Landfill at an approximate cost of $120,000.00 and the Chairman was authorized to execute. Motion carried unani- mously. 123 Motion was made by Chairman Hernandez and seconded by Commissioner Sorensen to strike an item from the agenda concerning policy requesting persons using solid waste disposal facilities free of charge to be required to show their receipt for payment of the Special Assessment for solid waste collection and disposal for the current year. Motion carried unanimously. 17 48 Motion was made by Commissioner Sorensen and secon- ded by Commissioner Harvey to approve payment to Post, Buckley, Schuh and Jernigan, Inc., in the amount of. $9,132.95 per staff recommendation. Motion carried unani- mously. 34 106 Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to approve an Agreement with Julio Gomez for admission to Bayshore Manor per staff recommen- dation. Motion carried unanimously. REPQ_~J.S_ ~ RECt!tiM.E_N_DJ~~~IJ2r>!~ Q~ ~OARD MEMB~~~ Commissioner Swift discussed the Key West 42 Redevelopment Agency. Motion was made by Commissioner Swift 14 and seconded by Commissioner Harvey instructing the County Administrator to write a letter to the Redevelopment Agency requesting that an appointee be present at every Key West meeting to give an up dated report beginning on January 7, 1983. Motion carried unanimously. Commissioner Fahrer discussed unfinished business items on the agenda. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen instructing the County Administrator that all items that are postponed be placed on 2 the agenda with the current status indicated and that they be scheduled for a time certain upon completion of the staff recommendations or if the item cannot be completed that an indication of that appear on the agenda. Motion carried unanimously. VO'Sf. Commissioner Fahrer discussed the calendar for 1983 meetings She advised the Board that February 3 should be February' 4. She requested that the April 1 meet~ng (Good Friday) be changed to March 31, November 11 meetlng (Veterans Day) be changed to November 10, November 25 (Thanksgiving Friday) changed to December 2 and Dec~mb~r 23 be changed to December 16. Motion was made by CommlsSloner Fahrer and seconded by Commissioner Swift to approve the calendar with the above changes: January 7 and 21, February 4 , an d 18, Mar c h 4, 18 an d 31, A P r i 1 15 an d 29, May 13 an d 27 June 10 and 24, July 8 and 22, August 5 and 19, September 2, 16 and 30, October 14 a~d 28, N?ve~ber 10, December 2 and 16. Motion carried wlth Commlssloner Sorensen voting no. Commissioner Harvey discussed the overcrowding at the County Jail. Motion was made by Chairman Hernandez and 31 seconded by Commissioner Harvey to appoint Chairman 71 Hernandez, Commissioner Swift and Commissioner Harvey to the 14 "Jail Bird Committee". Motion carried unanimously. - 31 2 Chairman Hernandez discussed the telephone rates. Motion was made by Chairman Hernandez and seconded by Commissioner Sorensen instructing the County Attorney along with the County Administrator to prepare a resolution directed to the Public Service Commission and to bring it 31 back to the Board opposing the rate increase and to approve 94 travel for all Commissioners to attend the rate increase hearing in Tallahassee before the Public Service Commission. Motion carried unanimously. - Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve travel for all Commissioners to attend South Florida Regional Planning Council Meeting in Miami on December 6, 1982. Motion carried unanimously. - Commissioner Swift discussed low-cost housing pro- ject in Marathon. The County Administrator was directed to draft a letter to Mr. Haskins, Director of the Housing Authority, to appear at a Board Meeting and explain the pro- ject occupants requirements and give a status report on the activities of the Monroe County Housing Authority. Commissioner Swift discussed estimated cost of Planning Task and a report prepared by Mr. Doyle. The Board will meet at a later date concerning this item. Commissioner Fahrer discussed zoning items placed on the agenda that were denied by staff. It was the concen- sus of the Board that staff recommend all items before being placed on the agenda. Commissioner Swift discussed the Florida Keys Aqueduct Authority. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey instructing the County Administrator and the County Attorney to send a letter to the Legislative Delegation requesting that they meet with the Board at a public workshop in the Lower Keys area as soon as possible reference the return to local control of the Florida Keys Aqueduct Authority. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to designate December 31, 1982 as a holiday. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve the following items by unanimous consent: 31 68 14 87 72 76 60 31 2 OS2y 1981-82 _._~---- WAR RAN T S 17 M SOT a ~_ Q. i~!. c L~ , # 2 7 7, i nth e am 0 u n t 0 f $54,145.48. MSD Tax District 100-B, #92, 95, 96, 104, 105, 106, 107,108~-r10, in the amou-nt of $27,209.37. MSD Tax District 72, #92, 95, 96, 106, 107, 108, 110 in the amount of $18,636.~ MSD Tax District 73, #92, 93, 95, 96, 106, 107, 108, 110,ln-fhe-amou-n-f -o-f-$"95,728.90. MSD Tax District 74, #92, 94, 95, 96, 106, 108, 110, in tne-amounf-o(-fZ7;48-8.70. MSD Tax District 75, #93, 94, 95, 96, 106, 107, 1 08, 11 0 , In- t h ea m 0 un f -of - $" 26 , 7 71. 5 4 . MSD Tax District 76, #94, 95, 96, 106, 107, 108, 110, in the am()-u-n-f-of$44~446.02. MSD Tax District 100-A, #94, 95, 96, 97, 98, 106, 107, 108, in the amount of $22,006.94. MSD Tax District 100-C, #92, 93, 95, 96, 106, 107, 108, 110,in-ff1earnount of $89;995.71. MSD Tax District 100-H, #94, 95, 96, 106, 107, 108, 110, in the arnounTor-$90,-29-LO-6. MSD Tax District 500-L, #97, in the amount of $ 2 , 159. 13 ~- -- 1982~83 GENERAL REVENUE FUND, #46, in the amount of $61.00. GtNERALREVrNlTEFU-N-O - BOULEVARD BANK, #23, in the f" ~~. ') ') :.1 . I - -- - -~- - --- -- -, - 'I. . , ~~, in the amount of $1~461.20. :\lTTAL PROJECT FUND, #26-29, in the amount of $8,694.79. ,0:.[1]> _, ' Board approved the Minutes for the month of 31 October, 1982. Board approved reimbursement to Greater Key West Chamber of Commerce for expenses incurred for Tourist 17 Development Council's 800 toll free service in the amount of 115 $3,211.00. Motion carried unanimouSly. OFFICIAL CORRESPONDENCE 107 Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to acknowledge receipt of correspondence from th~ Sheriff advising of the following: Appontments: Alfonso Jesus Madoz, effective August 23, 1982. 107 Resignations: Elmer Lee Jones, effective November 15, 1982 and Pete Wenworth, effective October 28, 1982. Motion carried unanimouSly. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATO~ Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to authorize the County Extension Director, Jeff Fisher, to advertise for bids for bridge 12 rubble. Motion carried unanimouSly. 51 16 Motion was made by Commissioner Swift and seconded by Chairman Hernandez to adopt the following resolution authorizing the Chairman of the Board of County y083' Commissioners to execute an amendment to agreement by and between the Neighborhood Improvement Association and Monroe County, Florida. Motion carried unanimously with Commissioner Sorensen absent. 29 34 RESOLUTION NO. 313-1982 See Res. Book No. ~hich is -fncorporated herein by reference. 99 Motion was made by Commissioner Sorensen to adjourn the meeting. Public Hearing November 29, 1982 Port Bogainville A public hearing of the Board of County Commissioner~ was held on November 29, 1982 at 5:00 P.M. for the purpose of hearing an appeal filed by the Friends of the Everglades, fron a 3 recommendation made by the Monroe County Zoning Board to the Monroe County Board of County Commissioners, on October 22, H S2, 127 concerning a proposed Development Order for property located i1 Sections 31 and 32, Township 60 South, Range 40 East, Key Larg), Monroe County, Florida, known as Port Bougainville. Present were Commissioner Alison Fahrer, Commissioner Wilhelmina Harvey, Commissioner Ken Sorensen, Commissioner Ed Swift and Chairman Jerry Hernandez, Jr. Also present were Dan y L. Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Nelso Read, Assistant County Attorney; Kermit Lewin, County Administrator; William Russell, Acting Director Building/Planning/Zoning; David Rickerson, Acting Zoning Coordinator; members of the Press and Radio; and interested ci i- zens. - Prior to the public hearing Mr. Proby briefly outline the procedure be followed. Mr. Nelson Read read from the transcript of the Zoning Board Meeting under appeal, the state ments which he made at the time of the Zoning Board Hearing. r. Michael Chenoweth, Attorney for The Friends of the Everglades nd also Attorney for Pamela Pierce, addressed the Board concernin the appeal. Mr. Thomas Pelham, Attorney for the Upper Keys Citizens Association, then presented the Board with a letter requesting that Commissioner Sorensen and Commissioner Hernand z recuse themselves from any future proceedings and abstain from voting on any future action concerning Port Bougainville due t their vote on previous Development Order at a meeting of Octob r 25 and 26, 1982. Chairman Hernandez and Commissioner Sorensen both refused the motion to recuse themselves. Item No.1 - Mr. Pelham submitted a letter dated November 29, 1982 from himself as Attorney for the Upper Keys Citizens Association to Chairman Hernandez and Commissioner Sorensen. Mr. Chenoweth then made his presentation on behalf f The Friends of the Everglades and Pamela Pierce. He objected 0 the notice of public hearing process and also the time of the notice to Mrs. Pierce and also the location of the hearing. - Item No.2 - Mr. Chenoweth submitted a letter dated October 21, 1982 from himself to Mr. Lewin concerning interven tion into this matter. Mr. Chenoweth then attempted to submit for the record copies 0 the transcript of the Board of County Commissioners hearing on Oct 0 be r 25 and 26, 1 982 . The C h air man the n ref use d to a c (>~ ; I i: these copies as part of the record. Mr. Chenoweth profferred he following items: DS4V Item No.3 - Copies of the classified section of the Upper Keys Reporter dated September 23, 1982 concerning the published legal notice. Item No.4 - Copy of the notice of public hearing frc n the Monroe County Zoning Board. Item No. 5 - Copy of a letter dated September 28, 19f from Christina Neblett and a copy of a letter dated November (, 1982 also from Christina Neblett no addressee, and a copy of ch envelope addressed to Pamela Beryl Pierce. Item No.6 - "A Response for Information Request" to he South Florida Regional Planning Council, Department of Communi y Affairs and the Monroe County Building, Planning and Zoning Department in reference to Port Bougainville dated September] , 1982. Item No.7 - Certain promotional material titled "Solarelle" not dated. Item No.8 - DRI Impact Assessment from North Key L_ar lO Yacht CLub Development Proposal 10-74-009 dated November 1973. Item No. 9 - A staff draft containing substantial deviation analysis for Port Bougainville/Garden Cove Developme~t of Regional Impact 23.22 dated October of 1982. Item No. 10 - A letter dated August 20, 1982 from Nelon Read to the Zoning Board Members. Mr. Chenoweth recommended that the Board of County Commissioners reverse the decision of the Zoning Board as to "minor change" and rescind the recommendation of the Zoning Bo rd as to substantial deviation and withdraw ipproval of the Board of County Commissioners of the Development Order. Mr. Alan Gold, Attorney for the Developer, then made is presentation. He included a letter which stated the position )f the Developer and ~roceeded to make his presentation. Followi g his presentation Mr. Chenoweth made his rebuttal. Mr. Thomas Pelham, Attorney for the Upper Keys Citizens Association, Inc. addressed the Board concerning their appeal. Mr. Pelham objec ed to the scheduling of the appeal on this date. Mr. Pelham also discussed the use of one (1) transcript for all appeals. Moti n was made by Commissioner Fahrer and seconded by Commissioner Sorensen to allow the one (1) transcript to apply for all the appeals. During discussion the Chairman ruled this motion out of order. The Board Members and Mr. Pelham stipulated that the transcript and record would be the same for all three (3) appeals. Mr. Pelham profferred the following items: Item No. 11 - A letter fram Mr. Fred Tittle, Attorn(~y to Alan Lessler dated August 19, 1982. Item No. 12 - A memo from Nelson Read to the Zoning Board Members dated August 20, 1982. Item No. 13 - A memo from Lucien Proby to Alan Lesslel dated September 29, 1982. Item No. 14 - A notice of public hearing dated October 22, 1982. Item No. 15 - A copy of the Agenda of the Zoning Boarl for October 22, 1982. Item No. 16 - A memo from Post, Buckley, Schuh and Jernigan, Inc., Mr. Zuccaro, to the file dated August 9, 1982. y 085 Item No. 17 - A letter from Mr. Garretson of the Department of Veterans and Community Affairs to Alan Gold date May 29,1980. Item No. 18 - A letter from Mr. Garretson of the Department of Veterans and Community Affairs to Barry Peterson of the South Florida Regional Planning council dated October 19, 1982. - Item No. 19 - A letter from Mr. Alan LessIer to a Mr. Garrant dated August 30, 1982. Item No. 20 - A memo from the Planning Staff to Alan Lessler da~ed October 18, 1982. Item No. 21 - A memo from Steve Gerber to Alan Lesser dated October 19, 1982. Item No. 22 - A memo from the Planning Staff to Alan Lessler dated October 21, 1982. Item No. 23 - A memo from Vernon Page, P.E. to Alan Lessler dated October 22, 1982. At the conclusion of his presentation Mr. Pelham requested the Board of County Commissioners to reverse the ZonOng Board decision that the Port Bougainville Project did not reqlore additional PUD review. Mr. Alan Gold, representing the Developer, made his presentation rebutting the presentation or Mr. Pelham. Mr. Fred Tittle, Attorney and Co-Counsel for the Developer, also made a presentation. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to graht the appeal of the Friends of the Everglades and reverse the de i- sion of the Zoning Board. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Sorensen Commissioner Swift Chairman Hernandez Yes Yes No No No Motion failed. Motion was then made by Commissioner Swift and seconded by Commissioner Sorensen to deny the appeal of the Friends of the Everglades and to affirm the action of the Zonihg Board. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Sorensen Commissioner Swift Chairman Hernandez No No Yes Yes Yes Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to deny the appeal of Pamela Pierce and affirm the action of the Zoning Board. Roll call v te was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Sorensen Commissioner Swift Chairman Hernandez No No Yes Yes Yes During discussion Mr. Proby entered proofs of the publication f the notice of public hearing in the Key West Citizen, Florida Keys Keynoter, and the Upper Keys Reporter. Motion was made b Commissioner Sorensen and seconded by Commissioner Swift to de y the appeal of the Upper Keys Citizens Association, Inc., and t uphold the decision of the Zoning Board. Roll call vote was ~y taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Sorensen Commissioner Swift Chairman Hernandez No No Yes Yes Yes Motion carried. Motion was then made by Commissioner Harvey tJ adjourn. * * * * * * * k k k