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12/13/1982 Regular V 08? - Regular Meeting Board of County Commissioners Monday, December 13, 1982 10:00 A.M., Plantation Key A regular meeting of the Board of County Commissioners convened on the above date. Present were Commissioner Alison Fahrer, Commissioner Wilhelmina Harvey, Commissioner Ken Sorensen, Commissioner Ed Swift and Chairman Jerry Hernandez, Jr. Also present were Danny L. . Kolhage, Deputy Clerk; Lucien Proby, County Attorney! Kermlt Lewin County Administrator; members of the Counsultlng Engin~ering Firm; members of the Press and Radio; and interested citizens. All stood for the Invocation and Pledge of Allegiance to the Flag. UNFINISHED BUSINESS A letter from Judge Ignatius Lester requesting additional office space for the County Court in Marathon was withdrawn. 37 35 Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve payment in the amount of $7,058.48 to South Florida Regional Planning Council for membership fee. Motion carried unanimously. / 98 17 Next item scheduled was leasing of automobileg for judicial travel. This item was withdrawn. Consideration for approval of a permit for Seven Mile Marina, Inc., d/b/a Anglers Outlet, Inc., for use of an aluminum building as a marina sales and service office was also withdrawn. 75 37 86 127 Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to approve a variance to the AICUZ Zone for Gustave and Maxine Merkle to construct a single- family residence on Lot 3, Block 8 of Porpoise Point Section 5, as recorded in Plat Book 5, page 119 and located in Section 22, Township 67 South, Range 26 East, Big Coppitt Key, zoned RU-4, in AICUZ Zone 2. Motion carried unani- mously. 127 Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve a six (6) month extension on completion of bond work on Dolphin Estates as per the request of Mr. Bruce A. Ewing, Developer. During discussion a motion was made by Commissioner Harvey and seconded by Chairman Hernandez to postpone this item until the January 7, 1983 meeting. During discussion Mr. Ewing addressed the Board. Roll call vote was taken and carried with Commissioner Sorensen voting no. 15 127 102 88 - Commissioner Harvey discussed the request for approval of a payment to Emcee Corp. from the Translator Fund in the amount of approximately $80,000.00. This item was postponed for consideration after lunch. OPENING OF BIDS Next item was the opening of sealed bids for fur- nishing and delivering bulk meals for the Nutrition Program. Proof of publication was entered into the records. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to authorize the Clerk to open the bids. Motion carried unanimously. The following bids were received: 12 16 OB8'y 106 99 34 12 106 108 12 102 Fleet Air Wing to provide meals at all sites at the rate of $4.17 per meal. Harry's Place Restaurant to provide meals at the Upper Keys locations in the amount of $2.65 per meal. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to refer the bids to staff for recommen- dation. Motion carried unanimously. LEGAL DEPARTMENT 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 Commissioners to execute an agreement by and between the County of Monroe, State of Florida, and Diane B. Tyree, R.D., a Nutritionist/Consultant. Motion carried unani- mously. RESOLUTION NO. 314-1982 See Res. Book No. 30 which is-,ncorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Mr. LaTorre addressed the Board concerning his recommendation to award the purchase of three (3) 15-passenger vans with wheelchair lifts to Action Mobility Product in the amount of $54,893.97. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to accept the recommendation of the Social Services Director and award the bid to Action Mobility Product in the amount of $54,893.87. Motion carried unanimously. OPENING OF BIDS Next item was the opening of sealed bids for the resurfacing of Old State Road 4A "Old Bumpy", Upper Matecumbe Key. Proof of publication was entered into the records. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to authorize the Clerk to open the bids. Motion carried unanimously. The Clerk advised the Board that he was in the possession of one (1) bid as follows: The Brewer Company of Florida, Inc. 9801 N.W. I06th Street Miami, Florida 33178 $128,650.00 Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to refer the bid to staff consisting of the Consulting Engineers and the Public Works Department for their recommendation. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Harvey discussed a request for payment to Emcee Corporation concerning construction of the 117 Translator from Translator Funds. She adivsed the Board 17 that the payment would not exceed $19,000.00. Motion was made by Chairman Hernandez and seconded by Commissioner Sorensen to authorize the payment to Emcee Corporation in an amount not to exceed $19,000.00 in accordance with their agreement for the construction of the Translator. Motion carried unanimously. AWARDING OF BIDS Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to accept the recommendation of y089! Airport Director and Airport Consultants and award.the bid for the Airport Terminal Modifications on ADAP ProJect No. 12 6-12-0037-06-81 at Key West International Airport to the low' 5 bidder Frank Keevan and Son, Inc., in the amount of 63 $67,172.00 as approved by FAA. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to accept the recommendation of.the Airport Director and Airport Consultants and ~ward the bld 12 for Landside Improvements (Phase 1 - New Termlnal Entrance 63 Road), ADAP Project No. 6-12-0037-06-81 at Key West 5 International Airport to the low bidder, Frank Keevan and Son, Inc., in the amount of $120,904.00 as approved by FAA. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to accept the recommendation of.the Airport Director and Airport Consultants and award the bld for Construction of General Aviation Ramp, ADAP Project No. 12 6-12-0044-03-81 at Marathon Airport to the low bidder, 5 General Asphalt Co., Inc., in the amount of $365,018.20 sub- 63 ject to FAA approval. Motion carried unanimously. At this time Commissioner Sorensen briefly discussed an airport in the Upper Keys. LEGAL DEPARTMENT Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to declare an emergency in Monroe County, affecting the public health, welfare and safety of the citizens of Monroe County and waiving the notice requirements for regular enactment of County Ordinances pur- 84 suant to Section 125.66 Florida Statutes. Motion carried 29 unanimously. Motion was made by Commissioner Fahrer and 17 seconded by Commissioner Swift to adopt the following emergency ordinance of the County of Monroe, authorizing the expenditure of budgeted funds for the use of the Neighborhood Improvement Association, Inc., a Florida Corporation not for profit; providing for the waiving of notice of enactment; repealing Ordinance No. 12-1982; pro- viding for severability and an effective date. Roll call vote was taken and carried unanimously with Commissioner Sorensen absent. ORDINANCE NO. 13-1982 See Ord. Book No.5 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the County Attorney to advertise for a public hearing on proposed ordinance amending Section 19-61 of Article IV and Section 19-80 of Article V of Chapter 19, of the Code of Ordinances. Motion carried unanimously with Commissioner Sorensen absent. 84 93 - Motion was made by Commissioner Swift and seconded by Chairman Harvey to authorize the County Attorney to advertise a public' hearing on proposed ordinance amending Section 19-77 (c) of the Code of Ordinances. Motion carried unanimously with Commissioner Sorensen absent. 84 93 Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the County Attorney to advertise a public hearing on proposed ordinance amending the Code of Ordinances by adding a Section to be numbered 19-203, entitled "RU-8 Condominium District, Recreational Vehicle Park" to Article IX, residential districts, of Chapter 19 Zoning. Motion carried unanimously. 84 93 127 ~v 37 109 34 63 Mr. Proby discussed a letter from the Department of Legal Affairs regarding the Florida Department of Corrections suit vs. Monroe County. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to refer this letter to Commissioner Harvey who is serving as the Chairman of the Jail Committee. Motion carried unani- mously. During discussion of this item a motion was made by Commissioner Harvey and seconded by Commissioner Swift to extend the contract with the Group Seven (grant writing firm) and Mr. Bensko, for an additional two (2) months at the present monthly rates. Motion carried unanimously. 60 A letter from Robert T. Feldman regarding water pipeline to Pigeon Key was withdrawn from the agenda. 31 35 99 75 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 Commissioners of Monroe County, Florida, to execute a busi- ness property lease by and between Old Town Key West Development, Ltd., and Monroe County for use as office space. Commissioner Swift pUblicly stated that this item was a lease of property which he owned which he was leasing to the County at $1.00 per year. Motion carried unani- mously. RESOLUTION NO. 315-1982 See Res. Book No. 30 which is-,ncorporated herein by reference. Motion was made by Commissioner Fahrer and se- conded by Commissioner Swift to adopt the following resolu- tion authorizing the Chairman of the Board of County 35 Commissioners of Monroe County, Florida, to execute an 99 Agreement by and between the County of Monroe, State of 34 Florida, and Irwin S. Morse, M.D. Motion carried unani- mously. RESOLUTION NO. 316-1982 See Res. Book No. 30 which is-,ncorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Chairman Hernandez to adopt the following reso- lution of the Board of County Commissioners of Monroe 120 County, Florida, expressing its opposition to the rate 94 increase petition filed by the Southern Bell 99 Telephone/Telegraph Company on the 23rd day of November, A.D., 1982, which is now pending; providing that said reso- lution shall be forwarded to the staff and the various mem- bers of the Public Service Commission. During discussion Commissioner Harvey presented an alternate resolution and discussed the same. Roll call on the original motion to adopt the original resolution that was on the agenda carried with Commissioner Harvey and Commissioner Swift voting no. RESOLUTION NO. 317-1982 See Res. Book No. 30-which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to adopt the following resolution authorizing the Chairman of the Board of County 72 Commissioners of Monroe County, Florida, to execute a DER 99 Contract No. CM64, an agreement to develop a Coastal Zone 34 Implementation Plan for the Keys, by and between the County 56 of Monroe and the State of Florida Department of Environmental Regulation. Motion carried unanimouSly. RESOLUTION NO. 318-1982 See Res. Book No. 30 which is incorporated herein by reference. v 091 - Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to approve a resolution authorizing the Chairman of the Board of County Commissioners of Monroe County Fla. to execute a Management Contract by and bet- ween the Boa;d of County Commissioners of Monroe Coun~y, Fla., and the Key West Art & Historical Society. Durlng discussion, Mr. Jack Church, of the Key West A~t & . Historical Society addressed the Board concernlng thelr activities. Mr. Swift advised the Board that he was a member of the Board of Directors of the Key West Art & Historical Society. Motion carried unanimously. 99 34 RESOLUTION NO. 319-1982 See Res. Book No. 30 which is-,ncorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to adopt the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Fla. to execute a Lease Agreement by and between Monroe County, Fla., and Malcolm P. Davies for tie-down space at the Marathon Airport. Motion carried unanimously. 75 5 RESOLUTION NO. 320-1982 See Res. Book No. 30 which is-,ncorporated herein by reference. 99 - Motion was made by Commissioner Sorensen and seco- neded by Commissioner Swift to adopt the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Fla., to execute a Lease Agreement by and between Monroe County, Fla., and Cheryl McPherron for tie-down space at the Marathon Airport. Motion carried unanimously. 75 5 99 RESOLUTION NO. 321-1982 See Res. Book No. 30 which is-rncorporated herein by reference. Motion was made by Commissioner Sorensen and seco- neded by Commissioner Swift to adopt the following resolu- tion authorizing the Chairman of the Board of County Commissioners of Monroe County, Fla. to execute a Lease Agreement by and between Monroe County, Fla., and R. Kenneth Agnew for tie-down space at the Marathon Airport. Motion carried unanimously. 75 5 99 RESOLUTION NO. 322-1982 See Res. Book No. 30 which is-,ncorporated herein by reference. - Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution authorizing the Chairman of the Board of County Commissioners of Monroe County, Fla., to execute an Agreement for Baker Act Matching Funds by and between the Board of County Commissioners of Monroe County, Fla., and the Dade-Monroe Mental Health Board, Inc., District XI. Motion carried unanimously. 99 17 34 RESOLUTION NO. 323-1982 See Res. Book No. 30 which is-,ncorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution authorizing the Chairman of the Board of County Commissioners of Monroe County, Fla., to execute an Q92y 17 99 34 Agreement by and between the County of Monroe, State of Fla., and the Monroe Association for Retarded Citizens. Motion carried unanimously. RESOLUTION NO. 324-1982 See Res. Book No. 30 which is-rncorporated herein by reference. 17 99 34 Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Fla., to execute an Agreement by and between the Board of County Commissioners of Monroe County, Fla., and the Monroe Alcoholism Rehabilitation Center. Motion carried unanimously. RESOLUTION NO. 325-1982 See Res. Book No. 30 which is-rncorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution upholding the decision of the Board of Adjustment of Monroe County, Fla., and denying the request of Eduardo 13 Cerra to reverse the decision of the Board of Adjustment 99 denying a Dimensional Variance (Javier Rosique). Motion 127 carried unanimously. RESOLUTION NO. 326-1982 See Res. Book No. 30 which is-rncorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution upholding the decision of the Board of Adjustment of Monroe County, Fla., and denying the request of Eduardo 13 Cerra to reverse the Decision of the Board of Adjustment 99 denying a Dimensional Variance (Javier Rosique). Motion 127 carried unanimously. RESOLUTION NO. 327-1982 See Res. Book No. 30 which is-rncorporated herein by reference. 13 99 127 Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution upholding the decision of the Board of Adjustment of Monroe County, Fla., and denying the request of Eduardo Cerra to reverse the ~cision of the Board of Adjustment denying a Dimensional Variance (Marcio Cabrera). Motion carried unanimously. RESOLUTION NO. 328-1982 See Res. Book No. 30 which is-rncorporated herein by reference. 13 99 127 Motion was made by Commmissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution reversing the decision of the Board of Adjustment of Monroe County, Fla., upon the Appeal of William H. Reuter, Jr. Motion carried unanimously. RESOLUTION NO. 329-1982 See Res. Book No. 30 which is-rncorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution reversing the decision of the Board of Adjustment of \ v~ Monroe County, Fla., upon the appeal of Lynn Grossman. Motion carried unaniousluy. 13 99 127 ..... RESOLUTION NO. 330-1982 See Res. Book No. 30 which is-rncorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the foll~wing reso- lution upholding the decision of the Board of AdJustment of Monroe County, Fla., and denying the request of ~duardo Cerra to reverse the decision of the Board of AdJustment denying a Dimensional Variance (Angel Soler). Motion carried unanimously. 13 99 127 RESOLUTION NO. 331-1982 See Res. Book No. 30 which is-rncorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution reversing the decision of the Board of Adjustment of Monroe County, Fla., upon the appeal of James and Margaret Cherepanik. Motion canried unanimously. 13 99 127 RESOLUTION NO. 332-1982 See Res. Book No. 30 which is-rncorporated herein by reference. ..... Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution reversing the decision of the Board of Adjustment of Monroe County, Fla., upon the appeal of Charnell H. Summers, Jr. Motion carried unanimously. 13 99 127 RESOLUTION NO. 333-1982 See Res. Book No. 30 which is-rncorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution repealing Resolution No. 261-1982 and providing for receipt of unanticipated funds from other governmental agen- cies. Motion carried unanimously. 99 17 RESOLUTION NO. 334-1982 See Res. Book No. 30 which is-rncorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution transferring funds for 1981-82. Motion carried unanimously. 99 17 RESOLUTION NO. 335-1982 See Res. Book No. 30 which is-rncorporated herein by reference. ---- Motion was made by Commissioner Sorensen and sec~nded by Comm~ssioner Swift to adopt the following reso- lutlon transferrlng funds for 1982-83. Motion carried una- nimously. 99 17 RESOLUTION NO. 336-1982 See Res. Book No. 30 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution authorizing the Chairman of the Board of County Commissioners of Monroe County, Fla., to execute a project ~y 24 99 34 58 24 99 34 58 85 14 5 5 75 86 ~7 127 66 99 127 59 63 17 53 14 5 33 agreement - development by and between the State of Fla. Dept. of Natural Resources and Monroe County, Fla. - Boating Improvement Fund Project on Coco Plum Channel. Motion carried unanimously. RESOLUTION NO. 337-1982 See Res. Book No. 30 which is-rncorporated herein by Motion was made by Commissioner Sorensen and seconed by Commissioner Swift to adopt the following resolu- tion authorizing the Chairman of the Board of County Commissioners of Monroe County, Fla., to execute a project agreement - development by and between the State of Fla., Dept. of Natural Resources and Monroe County, Fla. - Boating Improvement Fund Project on Key Colony Beach Channels. Motion carried unanimously. RESOLUTION NO. 338-1982 See Res. Book No. 30 which is-rncorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator discussed a notice con- cerning Matecumbe Beach. No action was taken. County Administrator discussed the need to appoint an additional member to the Airport Committee to review pro- posals for the airport lounge. Mr. Lewin addressed the Board concerning a rental agreement for a car for the Airport Director which had been included in the 1982-83 fiscal year budget. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to approve the Lease with Duncan Ford Lincoln Mercury for a rental car to be used by the Airport Director. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to approve a request for a refund of $100.00 to Howard M. Post for a permit. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey directing the County Attorney to prepare a resolution and authorizing the Chairman to execute same requesting the Department of Transportation of the State of Florida to four-lane U. S. Highway Number 1 from Vaca Cut to Key Colony Beach including improvements to the entrance of Key Colony Beach. Motion carried unani- mously. RESOLUTION NO. 339-1982 See Res. Book No. 30 which is-rncorporated herein by reference. Motion was made by Commissioner Swift and seconded by Com- missioner Fahrer to approve a FPL Grant Proposal 1983, for acceptance from County. Motion carried unanimouSly. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve of apppointee, Terri Rickerson, to Monroe County Fine Arts Council. (replacing Gail Munder). Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to set the interview date for four (4) finalist for the Airport Engineering Firms (Bristol, Childs & Assoc., Burns & McDonell, BR. & R. V 095 Assoc., Post, Buckley, Schuh and Jernigan, Inc., Joint Venture and VTN) to the meeting of January 21, 1983, at 2:30'P.M. Motion carried unanimously. Motion was made by Commissioner Sorens~n and. seconded by Commissioner Swift to pos~pone co~slderatlon of an item amending the existing Lease wlth Provlncetown Boston Airlines at Key West International Airport to i~co~porate an additional 392 s.f., until the next County CommlsSlon Meeting. Motion carried unanimously. 5 75 OPENING OF BIDS Mr. LaTorre addressed the Board and recommended that they accept the bid of Harry's Place to provide meals in the Upper Keys at the rate of $2.65 per meal. Motion was made by Commissioner Sorensen and seconded by Commissioner 12 Fahrer to accept the recommendations of the Social Services 106 Director to accept the proposal of Harry's Place to provide meals in the Upper Keys at the rate of $2.65 per meal. Motion carried unanimously. Mr. LaTorre recommended rejec- tion of the bid of Fleet Air Wing to provide meals to all sites at $4.17 per meal and requested authority to seek pro- posals. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to accept the recommendation of the Social Services Director to seek proposals. Motion carried unanimously. Mayor Hernandez recognized Mr. Bill Gartenmyer who was temporarily in charge of the Road Department in Mr. Stickney's absence and also Ms. Gartenmyer who were in the audience. - REPORTS & RECOMMENDATIONS OF BOARD MEMBERS County Attorney discussed the proposal for the creation of a special road and tax district in Cross Key Waterways Estate and also the pending litigation concerning the Florida Bay Club. Motion was made by Commissioner 130 Sorensen and seconded by Commissioner Swift to adopt the 99 following resolution authorizing the Mayor and Chairman of 34 the Board of County Commissioners of Monroe County, Florida, 37 as well as the Director of the Monroe County Building, Planning and Zoning Department to enter into and execute an Agreement by and between the County, Cross Key Waterways Property Owners Association, Inc., Florida Bay Club of Key Largo Joint Venture, M&A Development Corporation and One-O-Three Marker Corporation to dismiss and terminate litigation involving these parties in the Circuit Court in and Monroe County, Florida, being Case No. 82-348-CA-17, as well as dismissing the appeal brought by the County in that matter, being Case No. 82-884. During discussion Mr. Sandy Soliman, Attorney for the Developer, addressed the Board. Roll call vote was taken and carried unanimously. RESOLUTION NO. 340-1982 See Res. Book No. 30 which is~corporated herein by reference. --- Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the following resolution requesting the Supervisor of Elections to conduct a Special Referendum Election on January 25, 1983 for the establish- ment of a Special Road and Bridge District in Cross Key Waterways Estates, on Key Largo, adding the language to the resolution making reference to Section 336.28 of the Florida Statutes. Roll call vote was taken and carried unanimously. 99 130 46 ~y 5 75 5 75 12 123 18 17 123 16 59 77 57 RESOLUTION NO. 341-1982 See Res. Book No. 30 which is-,ocorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to authorize the Airport Director to negoiate a lease for 30 ft. x 40 ft. section of Key West International Airport for the construction of an aircraft shelter to James Colburn and also authorizing the negotiation with parties who had made prior request, Mr. Larry Dion, and Mr. B. Segal. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to authorize the County Attorney to prepare a sign lease with Captex, Inc., at the Marathon Airport Terminal Building and bring back to the Board. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the County Attorney to advertise and call for bids for one (1) Wheel Loader for the Municipal Service District. Roll call vote was taken and carried with Commissioner Harvey and Commissioner Sorensen absent. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to clarify the previous action of the Board concerning Outdoor Resort, Venture Out, and Seaside Condo, to reflect that they will be required to make payment under the special assessment, 1983, of $30. per unit to the County. Motion carried unanimously. REPORTS AND RECOMMENDATIONS OF BOARD MEMBERS Mr. Bob Harris of Post, Buckley, Schuh & Jernigan, Inc., Consulting Engineers, discussed the removal of the Old Spanish Harbor Bridge. Motion was made by Commissioner Hernandez, and seconded by Commissioner Swift to refer this matter to the County Attorney for the prepration of an appropriate resolution to the Department of Transportation. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen directing the County Administrator to investigate with the Library Director, the possible use of a room at the Marathon Library for the Florida Highway Patrol to issue Driver's Licenses on Tuesday's and Thursday's. Motion carried unanimously. The Board then discussed the proposed procedure for the adoption of the Land Use Map Plan. Commissioner Swift presented a proposed procedure. Motion was made by 72 Commissioner Swift and seconded by Commissioner Sorensen to adopt the following procedure for the adoption of the Land Use Map Plan: (1) Have three (3) separate hearings on the map, one in the Upper Keys, one in the Middle Keys and one in the Lower Keys. Prior to the hearing, put a notice in all three Keys newspapers of said meeting, each notice to run three (3) weeks consecutively. This would give all active par- ties three (3) weeks to get ready to make whatever input into the hearing that they desire. In addition, by putting it in all three (3) newspapers, it would be fair notice to all concerned. (2) After giving notice for three (3) weeks, hold a hearing in the Upper Keys; then repeat the process in the Middle Keys and Lower Keys. Therefore, it seems like a fair accomplishment of the objectives could be reached in three (3) months. Commissioner Swift discussed a Code Enforcement V 09? - Board Ordinance. Motion was made by Commissioner Swift and seconded by Commissioner Sorense~ instr~cting the County Attorney to advertise for a publ~c hearl~g on a ~roposed Code Enforcement Ordinance. Motlon carrled unanlmously. Commissioner Swift discussed the procedure for the unincorporation of the City of North Key Largo Beach. Motion was made by Commissioner Swift and.seconded b~ Commissioner Sorensen to adopt the followlng resolutlon requesting the Delegation from Monr~e Co~nty in the.State Legislature to initiate Special Leglslatlon to abollsh the City of North Key Largo Beach. Motion carried unanimously. RESOLUTION NO. 342-1982 See Res. Book No. 30 which is-,ncorporated herein by reference. Commissioner Swift discussed a report prepared by Jeff Doyle, Chief planner, which indi~ates a total estimated cost of $1,792,322.00 for the accompllshment of several planning tasks, as follows: 1. Development of an Updated Land Inventory - $468,125. 2. "Capital Services Impact Study" - $154,169. 3. Revision of Comprehensive Plan, including develop- ment of an Economic Element - $230,755. 4. Revision of Land Use Plan Map - $939,273. No further action taken by the Board. Following the discussion, the Board complimented Mr. Jeff Doyle and the Acting Director of Building, Planning and Zoning, Mr. William Russell, for the job they were doing. Motion was made by Commmissioner Sorensen and seconded by Commissioner Fahrer to waive the building permit fees for Saint James Church. Motion carried unanimously. Commissioner Fahrer discussed the use of volunteers in County Library's. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen directing the County Administrator to research the possibilities of using Older American Advisory program volunteers in the Library System. Motion carried unanimously with Mayor Hernandez absent. Commissioner Fahrer discussed the publication of the County Code. Motion was made by Commissioner Fahrer to refer this matter to the County Administrator. Motion carried unanimously. Commissioner Fahrer discussed and asked questions concerning several items of unfinished business. Motion was made by Chairman Hernandez seconded by Commissioner Swift directing the County Administrator to set a meeting with all Constitutional Officers and the Dade-Monroe Legislative Delegation in Feburary of 1983. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR - The Chairman was advised that publication had taken place concerning the hearing of comments at this meeting concerning the acquisition of Matecumbe Beach. The Chairman then proceeded to ask for any comments from the public con- cerning this project. Ms. Jackie Robinson, a resident in the area discussed the project and was in favor of the acquisition of Matecumbe Beach as a State Park. Mr. C. Ed Cole, resident, was also in favor. Ms. Pauline Clein, Upper Keys Citizens Association, favored the project. Mr. Tom Fouts, president of the Florida Keys Board of Realtors representing himself opposed the project. No further action was taken. 14 84 76 99 133 87 17 72 86 17 77 106 84 76 2 85 09SY REPORTS & RECOMMENDATIONS OF BOARD MEMBERS 31 Commissioner Swift discussed the proposed South Florida Landscape Code and a meeting to be held in Ft. Lauderdale, December 18, 1982. Motion was made by Commissioner Sorensen and Commissioner Swift to authorize travel for Commissioner Fahrer to travel to Ft. Lauderdale on December 18, 1982, for a meeting of the Landscape Consortium. Motion carried unanimously. Commissioner Swift discussed a proposed resolution concerning the return of control of the Florida Keys Aqueduct Authority. Motion was made by Commissioner Swift and seconded by Chairman Hernandez to adopt the following resolution requesting the Legislature to enact Legislation that would amend any acts relative to the Florida Keys Aqueduct Authority now existing as concerns the governing body thereof; that effective Legislation be enacted that would accomplish a merger of the functions of the Florida Keys Aqueduct Authority both as to transmission and distri- bution of water and return effective control of the authority to a Board which is localized in Monroe County for the operation of said system. During discussion this motion was withdrawn. 60 76 17 Commissioner Swift discussed the County's present cash flow situation and also the obligations which are facing Monroe County in next fiscal year. No action was taken. 29 69 Commissioner Sorensen discussed and presented to the Board a study of flood insurance requirements paid for by the Tax Payers League. This item was referred to the meeting of January 7, 1983. 12 17 110 Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey authorizing the State Attorney to obtain proposals for the property at the corner of Angela and Whitehead Street to report back to the Board with cost and also sources of funding at the meeting of January 7, 1983. Motion carried unanimously. 99 34 58 Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt the following resolution approving Contract by and between the Board of County Commissioners of Monroe County, Florida, the Florida Keys Artificial Reef Association and Alexander Marine; providing for the payment of the same to be made by the Department of Natural Resources at no cost to the County, and attaching said Contract to this resolution as part of the same by reference. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey authorizing the negoiations with Alexander Marine for the removal of rubble from the old Niles Channel Bridge. Motion carried unanimously. RESOLUTION NO. 343-1982 See Res. Book No. 30 which is-rncorporated herein by reference. Chairman Hernandez appointed the following committees: 5 14 31 Airport Lounge Committee: Chairman - Commissioner Swift Members - Commissioner Harvey and Chairman Hernandez y 0.9.9 Translator Committee: Chairman - Commissioner Harvey Members - Commissioner Fahrer and Chairman Hernandez 117 14 31 .....-- Building/Planning/Zoning Committee: Chairman - Commissioner Sorensen Members - Commissioners Fahrer and Chairman Hernandez 127 14 31 During discussion of the Building/Planning/Zoning Committee, a motion was made by Commissioner Sorensen and seconded by Commissioner Swift to extend the moratorium on all major 134 developments except RU-1 and RU-2, for an additional six (6) 127 months. During discussion, Mr. E. Lewis, Attorney representing the developers of the K-Mart project in Key Largo, discussed and requested an exemption. Ms. Rosemary Bondus also briefly discussed this item. Roll call taken and carried unanimously. Chairman Hernandez appointed the following committees: Municipal Service Tax District Committee: Chairman - Commissioner Swift Members - Commissioner Harvey and Chairman Hernandez 31 14 Alternate Funding Committee: Chairman - Commissioner Swift Members - Commissioner Sorensen and Chairman Hernandez 31 14 REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve the following Warrants for 17 December, 1982: WAR RAN T S GENERAL REVENUE FUND, BOULEVARD BANK, #1525-1901, in the amount of $1,471,862:28. GENERAL REVENUE FUND, MARATHON BANK, #24, in the amount of $10,324.40. GENERAL REVENUE FUND, FIRST AMERICAN BANK, #24, in the amount of $26,051.15.---- SUPPLEMENT TO THE GENERAL REVENUE FUND, #92-93, in the amount of $46,69~5~ FINE! FORFEITURE FUND, #203-207, in the amount of $23,424.92. ROAD & BRIDGE FUND, #174-177, in the amount of $37,213.3~ - ---- - AIRPORT REVENUE FUND, #93, in the amount of $56,341. 70. AIRPORT OPERATION & MAINTENANCE FUND, #103-109, in the amount of $27,469.24. - ---- AIRPORT DEVELOPMENT & REPLACEMENT FUND, #37, in the amount of $11,146.25. LAW LIBRARY FUND, #72-73, in the amount of $553.00. ~y CARD SOUND BRIDGE REVENUE FUND, #118, in the amount of $24,738.72. MSD TAX DISTRICT, #118, in the amount of $24,738.7~ --- WORKMENS COMPENSATION, #350-382, in the amount of $54,581.59. 82 15 Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the Bonds of Joseph Pinder, Jr., and Raymond Archer, Mosquito Control District. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Chairman Hernandez to approve the Tourist Development Trust Fund reimbursements to Key West Chamber of Commerce: Stuart Newman & Associates Inv. 1825 Public Relations, Research Press Release, Media & Marketing Inv. 1882 Magazine Media Inv. 1823 Newspaper Media Inv. 1824 Fantasy Fest Media Inv. 1824 Fantasy Fest Media Production Inv. 1827 Fla. Div. of Tourism Seminar Inv. 1817 Tourism Industry Assoc. of American Annual POW-WOW Las Vegas Inv. 1882A Hemingway Days $38,548.75 18,823.00 13,881.19 20,451.81 3,062.30 382.35 115 17 23 2,223.55 2,609.21 Fantasy Fest Carnival 182 Fantasy Fest Carnival 182 Tourist Development Assoc. 38,992.36 Key West Fishing Tournament 9,578.59 2,624.53 During discussion Commissioner Harvey raised an objection to the request for reimbursement for the trip to Las Vegas. Commissioner Swift followed by supporting the trip indi- cating that there was a great deal of work involved for the participants and that it was a great benefit to the City of Key West. Motion carried unanimously. 115 17 Motion was made by Commissioner Swift and by Commissioner Harvey to approve reimbursement to Chamber of Commerce for T.D.C. Toll Free Service. carried unanimously. seconded Key West Motion OFFICIAL CORRESPONDENCE 107 The Board was advised of a letter from the Sheriff regarding the resignation of Bob Jarvis effective November 18, 1982. LEGAL DEPARTMENT 37 127 13 Mr. Proby, County Attorney, then discussed and advised the Board of the filing of a law suit by the Friends of the Everglades and Pamela Pierce in Tallahassee con- cerningthe Port Bougainville Project and advised that he would keep the Board up to date on the matters concerning that litigation. Mr. Bob Harris of Post, Buckley, Schuh and Jernigan, Inc., addressed the Board concerning the sole bid \ V~ received for Old State Road 4A "Old Bumpy" and recommended that the Board reject the single bid and rebid the project. Motion was made by Commissioner Harvey and seconded by 12 Commissioner Fahrer to reject the sole bid of the Brewer 102 Company in the amount of $128,650.00, and authorizing the project to be rebid. Motion carried unanimosuly with Commissioner Sorensen absent. ..... Mr. Proby discussed the bids on Duck Key Bridge No. 3 and indicated that the problem concerning the low bidder and the bidder which was awarded the project had been resolved. 12 16 Chairman Hernandez discussed the meeting of March 4, 1983 and indicated that he was calling that meeting to be held at Ocean Reef instead of Plantation Key. 31 There being no further business, the meeting was adjourned. * * * * * * * * * * ..... .....