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01/07/1983 Regular W2y 15 88 102 34 Regular Meeting Board of County Commissioners Friday, January 7, 1983 10:00 A.M., Key West, Florida A regular meeting of the Board of County Commissioners convened on the above date. Present and anserwing to roll call were Commissioner Alison Fahrer, Commissioner Wilhelmina Harvey, Commissioner Ed Swift and Chairman Jerry Hernandez, Jr. Commissioner Ken Sorensen was absent for roll call but entered and was seated during the Invocation. Also present were Ralph W. White, Clerk; Virginia Pinder, Deputy 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 Rev. Myers of St. Pauls Episcopal Church and remained standing for the Pledge of Allegiance led by Commissioner Swift. The Chairman recognized Mr. Ervin A. Higgs, Property Appraiser, who was in the audience. UNFINISHED BUSINESS REQUEST TO ADDRESS THE BOARD First item taken was a letter from Michael A. Padron, Realtor, and letter from Bruce A. Ewing, requesting an extension for completion of bonded work in Dolphin Estates. Commissioner Fahrer requested that this item be taken along with Item J 2 which was scheduled for time cer- tain of 10:00 A.M. The Board heard from the following individuals who opposed the extension and requested that the Board instead revoke the bond: Thomas A. Daniels, Herbert E. Craig, Teekeela A. Williams, and Wolfang D. Schleu. Mr. Bruce Ewing, President of Fenton, Inc. addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to deny the application of Fenton, Inc. for the extension of the bond for the completion of the roads. During discussion Commissioner Sorensen offered a substitute motion to refer the complaints to the County Administrator, the Director of Planning and Zoning, the Violations Inspector and the County Attorney to investigate and report back to the Board in two (2) weeks. Commissioner Sorensen's motion was ruled out of order. Roll call vote was taken on the original motion and carried with Commissioner Sorensen and Commissioner Swift voting no. Motion was then made by Commissioner Sorensen and seconded by Commissioner Harvey directing the County Administrator to investigate and report back in two (2) weeks with a written ~eport. At this time the Board recessed for five (5) minu- I~es in order to discuss this item informally. The Board ~econvened with everyone present. Roll call vote was then ~aken on this motion and carried unanimously. Motion was hen made by Commissioner Harvey and seconded by Commissioner Fahrer to reconsider the previous motion to eny the application of Fenton, Inc. for extension of the ond for the completion of the roads. Roll call vote was aken and carried unanimously. Motion was then made by ommissioner Harvey and seconded by Commissioner Sorensen to ostpone this item until Janaury 21, 1983 and referring the atter to the County Engineers, County Attorney, Public orks Director, County Administrator and the County dministrator was directed to place the item on the January 1, 1983 agenda for time certain at 4:00 P.M. Roll call ote was taken and carried with Commissioner Swift voting no. I I V :1.03' Motion was made by Chairman Hernandez and seconded by Commissioner Harvey to adopt the following resolution authorizing the Sheriff of Monroe County to execute a Lease 105 for office and storage space with the School Board of Monroe 75 County. Motion carried unanimously. RESOLUTION NO. 001-1983 See Res. Book No. 31 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey instructing the County Attorney to prepare a resolution authorizing the Chairman to execute a lease with James Colburn for a 30 foot by 40 foot 75 section at Key West International Airport for the construc- tion of an aircraft shelter and authorizing the Chairman to execute same pursuant to his letter and as recommended by the Airport Director. During discussion the motion was amended to incorporate the preparation of a lease for Mr. Larry Dion and Mr. Bruce Siegel for 30 foot by 40 foot sec- tions at the Key West International Airport. Roll call vote was taken and carried unanimously. RESOLUTION NO. 002-1983 RESOLUTION NO. 003-1983 RESOLUTION NO. 004-1983 See Res. Book No. 31 which is-,ncorporated herein by reference. - Motion was made by Commissioner Sorensen and seconded by Commissioner Swift directing the County Attorney to prepare a resolution amending the existing lease with Provincetown Boston Airlines at Key West International Airport to incorporate an addition 392 square feet and the Chairman was authorized to execute same. Motion carried unanimously. RESOLUTION NO. 005-1983 See Res. Book No. 31 which is-,ncorporated herein by reference. Mr. Kirk Zuelch, State Attorney, discussed a pro- posed lease agreement with Liduvina, Aldo and Florencio Busot, the owners of 626 and 632 Whitehead Street and 327 Angela Street, to provide office space with terms being a three year lease for 8,725 square feet of office space priced at $9.35 per square feet which equals $81,578.75 per year. The Board discussed funding of said office space. Mr. Aldo Busot, owner of the property, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to postpone consideration of this item for one (1) month until after the Jail Commission meet and that Mr. Zuelch be invited to meet with the Jail Commission. During discussion Chairman Hernandez offered an amendment to approve the lease predicated upon the funding being available. The amendment was not accepted by the makers of the motion. Roll call vote was taken on the motion to postpone for one (1) month and carried with Commissioner Sorensen voting no. - REPORTS! RECOMMENDATIONS OF BOARD MEMBERS Mr. Thomas Fouts, Coordinator of Tax Payers League, addressed the Board regarding the Flood Insurance Program. He recommended that the Board appoint a five (5) Member Committee to make recommendations. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to appoint the Committee at this time. During discussion 99 5 99 75 5 34 75 110 69 29 14 127 ~4Y 99 13 127 Commissioner Swift offered an amendment to the motion that each Commissioner appoint two (2) members making it a 10-Member Committee. The makers of the motion accepted the amendment. The following members were appointed: Commissioner Harvey - Bud Post & Bill Roberts Chairman Hernandez - Jack Murray & Tom Fouts Commissioner Swift - Gene Harris & Sam Johnson Commissioner Sorensen - Doris Terry & Francis Lyle Commissioner Fahrer - Ken Meeks & Bob Regan Doris Terry, Mayor Mickey Feiner Ex Officio Member - Kermit Lewin Motion was made by Commissioner Swift and seconded by Commissioner Sorensen directing the County Engineers to review "A" Zone Maps and report to the Commissioners at the January 21, 1983 meeting. Motion carried unanimously. LEGAL DEPARTMENT Next the Board took four (4) resolutions pertaining to Port Bogainville. Michael Chenoweth, P.A., representing Friends of the Everglades and Pamela Pierce, objected to these items being placed on the agenda without prior notice. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following resolution affirming the decision of the Zoning Board of Monroe County, Florida, and denying the request of the Friends of the Everglades, Inc. to reverse the decision of the Zoning Board of Monroe County, Florida, approving an amended Development Order for an approved Planned Unit Development (PUD) Project known as Port Bougainville as requested by the City National Bank of Miami, as Trustee. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Harvey voting no. RESOLUTION NO. 006-1983 See Res. Book No. 31 which is-rncorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution affirming the decision of the Zoning Board of Monroe County, Florida, and denying the request of the Upper Keys 13 Citizens Association, Inc. to reverse the decision of the 127 Zoning Board of Monroe County, Florida, approving an amended 99 Development Order for an approved Planned Unit Development (PUD) Project known as Port Bougainville as requested by the City National Bank of Miami, as Trustee. Motion carried unanimously. 13 127 99 RESOLUTION NO. 007-1983 See Res. Book No. 31 which is-rncorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution affirming the decision of the Zoning Board of Monroe County, Florida, and denying the request of Pamela Beryl Pierce to reverse the decision of the Zoning Board of Monroe County, Florida, approving an Amended Development Order for an approved Planned Unit Development (PUD) Project known as Port Bougainville as requested by the City National Bank of Miami, as Trustee. RESOLUTION NO. 008-1983 See Res. Book No. 31 which is-rncorporated herein by reference. y~ REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by CommTssioner Sorensen and seconded by Commissioner Swift to deny Mr. Chenoweth's 13 request for re-hearing on Bougainville submitted by Pamela 127 Pierce Friends of the Everglades, and the Upper Keys Citize~s Association. Mr. Chenoweth objected to this item being placed on the agenda without notice to him or his clients. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Harvey voting no. ..... LEGAL DEPARTMENT Next item concerned the Amended Plat of Port Bougainville. Mr. Chenoweth objected to this item being placed on the agenda because he nor his clients were 127 notified. Mr. Robert Garant, Engineer of Record of the 13 Plat, explained the changes made to the plat. Motion was 88 made by Commissioner Swift and seconded by Chairman Hernandez to adopt the following resolution authorizing the approval for record of the Amended Plat of Port Bougainville and authorizing the Mayor and Chairman of the Board of County Commissioners and the Clerk to execute the certificate of approval for said plat. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Harvey voting no. RESOLUTION NO. 009-1983 See Res. Book No. 31 which is-rncorporated herein by 99 reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR ~ Next item was consideration of approval on inland lake excavation permit for Port Bogainville. The Planning and Zoning Department recommended approval. Mr. Michael Chenoweth, P.A., objected to the placement of this item on the agenda as he and his client has not received official notification. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to deny the permit. Roll call vote was taken and failed with Commissioners Sorensen, Swift and Chairman Hernandez voting no. Motion was then made by Commissioner Sorensen and seconded by Commissioner Swift to authorize the inland lake excavation permit for Port Bogainville as recommended by staff. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Harvey voting no. 127 86 REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mr. Ervin Higgs, Property Appraiser, along with his Attorney, Mr. John Dent, and Mr. Harry Knight, Tax Collector, discussed a problem with the Tax Roll in Tax 54 District 100-C which would affect the Budget for fiscal year 17 1982-83. Motion was made by Commissioner Sorensen and 113 seconded by Mayor Hernandez authorizing the County Attorney to prepare the documents in order to borrow Tax Anticipation Notes in the amount of $1400.00. Roll call vote was taken and carried unanimously. ..... At this time the meeting adjourned for lunch and will re-convene at 2:10 P.M. Regular Meeting re-convened 2:10 P.M. The regular meeting re-convened. Roll call was taken and all Commissioners were present except Commissioner Harvey. Also present were the Clerk, County Attorney, County Administrator, members of the County's Engineering Firm, members of the Press, Radio, and interested citizens. I tb&~V LEGAL DEPARTMENT Mr. Proby addressed the Board and advised that the three (3) resolutions regarding the Zoning Board's decision 99 on Port Bougainville needed some semantic changes. Motion 13 was made by Commissioner Sorensen and seconded by 127 Commissioner Swift to reconsider Resolutions No. 006-1983, 007-1983 and 008-1983 for semantic changes. Motion carried unanimously. Mr. Proby re-read each resolution with the changes. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to change the wording of Resolutions No. 006-1983, 007-1983 and 008-1983 as follows: Change the first paragraph to read "WHEREAS, the Zoning Board of Monroe County, Florida, on October 22-23, 1982, recommended to the County Commission of Monroe County the adoption of an amended Development Order on an approved Planned Unit Development (PUD) project known as Port Bougainville, on property described as:" Motion carried unanimously. 54 At this time the Board recessed in order to hold a Board of Governors, District 2 meeting. Present and answering to roll call were Commissioners Fahrer and Vice Chairman Hernandez and Commissioner Mickey Feiner from Key Colony Beach. Commissioners Harvey and Radom were absent. Also present were Virginia Pinder, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the Press, Radio, and general public. 54 17 Motion was made by Commissioner Feiner and seconded by Commissioner Fahrer to adopt the following resolution authorizing issuance of Tax Anticipation Warrant for Municipal Service Taxing District No.2 of Monroe County, Florida and authorizing the Chairman to execute the Tax Anticipation Warrant and Promissory Note for a total amount of $23,185.00. Motion carried unanimously. 99 RESOLUTION NO. 1-1983 See Res. Book "A" which is incorporated herein by reference. There being no further business before District 2 Board of Governors Commissioner Fahrer moved to adjourn the meeting. Regular Meeting Re-convened Regular meeting reconvened with all Commissioners present along with the Clerk, County Attorney, County Administrator, members of the Press, Radio, and general public. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR First item taken up was Board appointments. The Chairman advised the Board that each Commissioner would have the opportunity to make their nomination for each Board and the Board would vote on each nomination separately. Commissioner Harvey objected to the method for the selection of each appointee. The following members were appointed: " Board of Adjustment: Commissioner Fahrer nominated Gilbert Ryder. Roll 14 call vote was taken and carried unanimously. Commissioner Harvey nominated Mrs. Mary Jean Bruce. Roll call vote was taken and carried unanimously. Commissioner Sorensen nominated Larry Thompson. Roll call vote was taken and carried unanimosly. Commissioner Sorensen nominated Capt. Jerry L. Thomas. Roll call vote was taken and carried unanimously. Chairman Hernandez nominated Jorge Cabrera. Roll call vote was taken and carried with Commissioner Fahrer voting no. W7', y. ., Next item was appointments to the Zoning Board. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer not to ratify each appointment but that the persons nominated be accepted. Roll c~ll vote wa~ taken and failed with Commissioners Sorensen, SWlft and Chalrman Hernandez voting no. Zoning Board Commissioner Fahrer nominated John Stormont. Roll call vote was taken and carried unanimously. Commissioner Harvey nominated Dagney Johnson. Roll call vote was taken and failed with Commissioner Sorensen, Commissioner Swift, and Chairman Hernandez voting no. Commissioner Harvey indicated that she did not have any other nomination at this time. Commissioner Sorensen nominated Karen Sunderland. Roll call vote was taken and carried unanimously. Commissioner Swift nominated Peter Bacle. Roll call vote was taken and carried unanimously. Chairman Hernandez nominated Gene Rhodus. Roll call vote was taken and carried with Commissioner Fahrer and Commissioner Harvey voting no. Commissioner Harvey indicated that she would make her appointment at the next meeting. Advertising Commission Commissioner Fahrer nominated Edison Archer and Margo Golan. Roll call vote was taken and carried unanimously. Commissioner Harvey nominated Tom Sawyer and Tim Miller. Commissioner Sorensen nominated Greg Gobel and Charlotte Crawford. Commissioner Swift nominated Bill Wickers and Bill Sellers. Chairman Hernandez nominated Henry Rosenthal. Mayor Hernandez discussed what he felt was a conflict of interest with members of the Advertising Commissio~ who also serve as members of the Tourist Development Council. Commissioner Fahrer asked that the appointments be left as they were because the Board did not have any more infor- mation. Motion was made by Commissioner Harvey and seconded by Chairman Hernandez to reconsider the previous nomination of Margo Golan. Commissioner Fahrer challenged the Chair. Roll call vote was taken on the motion to reconsider and carried with Commissioner Fahrer and Commissioner Sorensen voting no. Roll call vote was then taken on Edison Archer and carried unanimously. Roll call vote was then taken on Margo Golan and carried with Commissioner Harvey and Chairman Hernandez voting no. Roll call vote was taken on Greg Gobel and carried unanimously. Motion was then made by Commissioner Sorensen and seconded by Commissioner Harvey to approve the nominations of Charlotte Crawford, Bill Wickers, Bill Sellers and Henry Rosenthal to the Advertising Commission. Motion carried unanimously. Licensing Examing Board Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to appoint the following mem- bers to the Licensing Examing Board: Joe Bell, W. T. Mills, Tom Holding, Edward Toppino, Robert Devitt, Sr., and Bob Keys. Motion carried unanimously. Code Review Board This Board was reappointed as it presently is with the exception of C. B. Harvey who was removed. The 14 127 14 4 4 115 14 14 W8 V 14 98 following members were reappointed: Joe Bizjak, Bob Dennis, Frank Greeman, Tom Harden, Gene Harris, Richard Divoll, Toby Holding, Paul Mitchell, Bill Williams, Jim Hendricks, Jose Gonzalez, and Anthony Coccoli. Appointments were confirmed by unanimous consent. South Florida Regional Planning Council Presently Commissioners Harvey and Sorensen repre- sent Monroe County on this council. Motion was made by Commissioner Fahrer to re-affirm the present appointments. No second was received to this motion. Commissioner Sorensen nominated Chairman Hernandez. Chairman Hernandez nominated Commissioner Sorensen. Commissioner Fahrer nomi- nated Commissioner Harvey. Nominations were closed. Roll call vote was taken on Commissioner Harvey and failed with Commissioners Sorensen, Swift and Chairman Hernandez voting no. Roll call vote was then taken on Mayor Hernandez and carried with Commissioner Fahrer and Commissioner Harvey voting no. Roll call vote was now going to be taken on Commissioner Sorensen. Commissioner Fahrer added the name of Commissioner Harvey to this spot. Motion was then made by Commissioner Sorensen and seconded by Chairman Hernandez to close nominations. Motion carried unanimously. Roll call vote was then taken on Commissioner Sorensen and carried with Commissioner Fahrer and Commissioner Harvey voting no. No further roll call was necessary as the two positions have been filled by Commissioner Sorensen and Chairman Hernandez. Monroe County Port Authority 14 Commissioner Swift appointed Bill Moore. Commissioner Sorensen appointed Bill Jackson. Chairman Hernandez appointed Bill Hamlin, Norman Lee and Ed Crusoe. Appointments were confirmed by unanimous consent. Commissioner Fahrer and Commissioner Harvey will make their appointments at the next meeting. Fine Arts Council 14 Kathleen Hargraves was appointed to fill the unex- 53 pired term of Alexis Riviera. Motion carried unanimously. Commissioner Fahrer nominated Commissioner Harvey to serve as ex officio Member to replace Commissioner Blair who served in this capacity. Appointments were confirmed by unanimous consent. Highway Beautification Committee 14 Commissioner Sorensen placed the names of Joann 66 Fry, Barbara Wulff and Bob Ernst. Appointments were confirmed by unanimous consent. Mayor Hernandez appointed Commissioner Fahrer and Commissioner Harvey to serve on a committee concerning all Boards. Library Advisory Board 14 Commissioner Sorensen appointed Ms. Helen Wadley to 77 replace Dr. Johnston. The County Administrator was instructed to send a letter to Dr. Johnston properly notifying him of the Board's decision. Roll call vote was taken on Ms. Wadley's appointment and carried unanimously. 12 102 OPENING OF BIDS Next item was the opening of sealed bids for resur- facing of Old State Road 4A "0ld Bumpy", Upper Matecumbe Key. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by V W9 Commissioner Sorensen to authorize the Clerk to open the bids. The following bids were received: General Asphalt Co., Inc. P. O. Box 52-2306 Miami, Florida 33152 91,300.00 The Brewer Co. of Fla., Inc. Miami, Florida 132,800.00 Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to refer the bids to the County Engineers for a report back later in the day. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve the following items by unanimous consent: Board authorized execution of a Settlement Agreemenet between Key Largo Investors, the Florida Keys Coalition, Inc., and the County in re: Carysfort (Case No. 82-614-CA). 34 37 13 Board adopted the following resolution incor- porating a biological report into the records concerning Harry Harris Park, Tavernier, Florida. 127 99 85 RESOLUTION NO. 009A-1983 See Res. Book No. 31 which is-rncorporated herein by reference. Board authorized the County Attorney to prepare a Sign Lease with The Reef at the Key West International Airport. 5 75 Board authorized the County Attorney to prepare a Sign Lease with Casa Marina Developers a Joint Venture at the Key West International Airport. Board adopted the following resolution authorizing the Chairman to execute an Agreement by and between Municipal Code Corp., and Monroe County for the publication of copies of the Monroe County Code and Supplements. 75 5 RESOLUTION NO. 009B-1983 See Res. Book No. 31 which is-'ncorporated herein by reference. 34 99 84 123 Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Quit Claim Deed by and between Monroe County, Florida, and David S. Shephard and JudyA. Shephard, his wife, and Brooks W. Thommes and Susan R. Thommes, his wife, said property having been posted as bond for construction of the Big Pine Key Senior Citizens Center. 15 40 106 99 ----- RESOLUTION NO. 010-1983 See Res. Book No. 31 which is-rncorporated herein by reference. Board adopted the following resolution stating the County Commission's concern and position on the commercial fishing industry impact and needs in Monroe County. 129 99 RESOLUTION NO. 011-1983 See Res. Book No. 31 which is-rncorporated herein by reference. Board adopted the following resolution of the Board of County Commissioners of Monroe County, Florida, authorizing the execution of a Lease between the County and the School District of Monroe County, Florida, for Room 224 '$10 V 99 75 105 127 99 127 of the Truman Elementary School, to be utilized by the Department of Building, Planning and Zoning as a storage facility. RESOLUTION NO. 012-1983 See Res. Book No. 31 which is-rncorporated herein by reference. Board adopted the following resolution incor- porating a biological assessment into the records for Joe's Seafood, Inc., to control erosion along his shoreline and provide commercial boat mooring facilities per staff recom- mendations. RESOLUTION NO. 013-1983 See Res. Book No. 31 which is~corporated herein by reference. Board adopted the following resolution concerning 99 receipt of unanticipated funds from other governmental 17 agencies. RESOLUTION NO. 014-1983 See Res. Book No. 31 which is~corporated herein by reference. 99 Board adopted the following resolution concerning 17 receipt of unanticipated funds from proceeds of Tax Anticipation Loan. RESOLUTION NO. 015-1983 See Res. Book No. 31 which is~corporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR 127 Board approved permit for proposed canal excavation 86 for Ocean Reef Club, Inc. per staff recommendation. 127 Board approved permit for proposed excavation and 86 fill permit for Rinaldo Cruz per staff recommendation. Board approved permit for proposed boat docks and ramp for Rinaldo Cruz per staff recommendation. 17 22 108 17 16 34 17 33 Board approved payment of the following bills for pauper burials per staff recommendation: Lopez Funeral Home - Services for PaulO. Thompson _ $400.00 Martin-Vegue Funeral Home - Services for Frederick Paul Taylor - $547.40 Martin-Vegue Funeral Home - Services for Richard Darrel Johnson - $506.60 Key West Undertaking Company - Services for Uriah Charles Moxey - $400.00 Pritchard Funeral Home - Services for Douglas Miller - $400.00 Pritchard Funeral Home - Services for Justin Lee Sorrells - $350.00 Board approved payment of Payment No. 2 to The Doebler Company in the amount of $104,706.00 for renovation and upgrading of Duck Key Bridge No.3. Board approved payment to Post, Buckley, Schuh and Jernigan, Inc., in the amount of $45,024.52 for the month ending October 31, 1982 forconsultation/attendance of meetings. I Board accepted recommendation of staff and rejected bid from Action Mobility Products for three (3) 15-passenger vans and authorized purchase through Metro-Dade County's 12 bidding process. 106 Board approved payment of Invoice No.9 to Post, Buckley, Schuh and Jernigan, Inc., in the amount of $10,202.10 for professional services rendered for the 17 period ending November 30, 1982 per authorization No. MSD-3 123 to the Contract dated April 21, 1981. REPORTS ~ RECOMMENDATIONS FROM CLERK TO THE BOARD Board approved the following Warrants for December, - Board accepted a progress report prepared by Jeffrey A. Fisher, Extension Director, concerning Trap Molestation activity. Board authorized County Attorney to prepare a lease with Mr. Louis Paul for an additional 392 square feet at the Key West International Airport. Board authorized the County Attorney to prepare a lease with Mr. Joseph D'Aiuto for land lease access to aircraft maintenance building at the Marathon Airport. Board accepted the Social Services Director's recommendation and accepted proposal from the District School Board to provide meals for the Nutrition Program at $2.65 per meal during school days with the exception of the Plantation Key Nutrition site which will be handled totally by Harry's Place Restaurant as previously agreed to during the bidding process which was approved by the Board on December 13, 1982. Board approved an agreement for professional ser- vices with Diane B. Tyree, R.D., Nutritionist/Consultant for 1983. Board approved Title III B Grant Contract by and between the Area Agency on Aging for Dade and Monroe Counties - United Way of Dade County, Inc., and Monroe County Board of Commissioners for In-Home Services for period of January 1, 1983 through December 31, 1983 (Contract No. 83-3-11). - Board approved Title III B 1983 Contract for 1983 by and between the Area Agency on Aging for Dade and Monroe Counties - United Way of Dade County, Inc., and Monroe County Board of Commissioners for Older Americans Transportation Program for period of January 1, 1983 through December 31, 1983 (Contract No. 83-3-08). Board approved Title III C-1 and C-2 Contracts for 1983 by and between the Area Agency on Aging for Dade and Monroe Counties - United Way of Dade County, Inc., and Monroe County Board of Commissioners for Nutrition Program for period of January 1, 1983 through December 31, 1983 (Contract No. 83-1-08). - 1982: WAR RAN T S -------- General Revenue Fune, Boulevard Bank, #1902-3240, in the amount of $2,220,567.08. General Revenue Fund, Marathon Bank, #25, in the amount of $19,464.23. v U1.' 129 127 51 75 5 5 75 12 106 105 106 33 34 34 16B 34 106 63 63 34 106 17 ~v General Revenue Fund, First American Bank, #25, in the amount of $51,731.05. Fine & Forfeiture Fund, #208-210, in the amount of $552,909.14. Road & Bridge Fund, #178-181, in the amount of $290,757.21. Airport Revenue Fund, #94, in the amount of $100.00. Airport Operation & Maintenance Fund, #100-120, in the amount of $26,356.55. Law Library Fund, #74-75, in the amount of $782.47. Card Sound Bridge Revenue Fund, #119-121, in the amount of $17,725.51. MSD Tax District, #295-303, in the amount of $571,946.27. Workmens Compensation, #383-400, in the amount of $34,531.10. 1981 Improvement Bond Trust Fund, #5, in the amount of $6,303.57. Capital Project Improvement Fund, #30-31, in the amount of $38,665.23. MSD Tax District #100-B, #112,113,114,115,116, in the amount of $42,412.37. MSD Tax District #72, #112,113,114,115,116, in the amount of $16,944.29. MSD Tax District #73, #112,113,114,115,116, in the amount of $12,318.35. MSD Tax District #74, #112,113,114,115,116, in the amount of $20,653.99. MSD Tax District #75, #112,113,114,115,116, in the amount of $27,545.24. MSD Tax District #76, #111,112,113,114,116, in the amount of $38,774.07. MSD Tax District #100-A, #112,113,115,116, in the amount of $8,517.97. MSD Tax District #100-C, #112,113,114,115,116, in the amount of $14,160.87. MSD Tax District #100-H, #112,113,114,115,116, in the amount of $28,401.62. 31 Board approved the Minutes for the month of November, 1982. 17 115 Board approved payment of the following bills to the Key West Chamber of Commerce per agreement with the Tourist Development Council for toll free service: Southern Bell Telephone Co.- $608.84 Pitney Bowes - $55.50 v 1:13 OFFICIAL CORRESPONDENCE Board acknowledged receipt of letter from the Sheriff advising the Board of the resignations of Herbert Emerson effective September 30, 1982 and Walter Gunderson effective November 22, 1982. Motion carried unanimously on omnibus motion. 107 REPORTS & RECOMMENDATIONS Qf BOARD MEMBERS Commissioner Sorensen discussed Industrial Bond Authority with reference to the Nursing Home in Marathon. 132 The Board heard from Mr. Lockwood of Marathon regarding the 93 public hearings. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey authorizing the County Attorney to take whatever steps necessary to comply with the Law for the advertising of two (2) public hearings regarding the Nursing Home in Marathon. Motion carried unanimously with Chairman Hernandez absent. AWARDING OF BIDS The Clerk advised the Board that the Counsulting Engineers had advised him that they had reviewed the bids for the resurfacing of Old State Road 4-A "Old Bumpy" and recommended the low bid of General Asphalt in the amount of $91,300.00. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to accept the bid of General Asphalt for the resurfacing of Old State Road 4-A "Old Bumpy" in the amount of $91,300.00. Motion carried unani- mously. 12 102 LEGAL DEPARTMENT Mr. Proby made a report regarding the Monroe County 71 Jail lawsuit. No action was taken. 37 107 Next item was a letter from the County Administrator of Escambia County, Florida concerning Florida Statutes Chapter 381 as amended by Chapter 82-182 which created the local health planning councils. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to change the terminolgy of the letter. During discussion a motion was made by Commissioner Sorensen and seconded by Commissioner Swift not to take a position on their letter. Motion carried unanimously. Capt. Ed Davidson addressed the Board regarding the settlement agreement between Key Largo Investors, the Florida Keys Citizens Coalition, Inc., and the County con- 37 cerning Carysfort. Formal action was taken on this item 34 earlier. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to adopt the following resolution authorizing the County to lease certain office space in The 99 Key Building located in Islamorada, to be utilized as office 75 space for a Monroe County Commissioner, and authorizing the 31 Mayor and Chairman of the Board and the Clerk to execute the said lease. Motion carried unanimously. RESOLUTION NO. 016-1983 See Res. Book No. 31 which is-rncorporated herein by reference. At this time Mayor Hernandez left the meeting due to another commitment and Chairman protem Sorensen chaired the rest of the meeting. U~y 35 99 42 60 27 Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt the following resolution authorizing a planning study and report for the proper future development of the County Government Complex located in Jackson Square in the City of Key West, including a request to the Key West Redevelopment Authority for addi- tional land adjacent to Jackson Square; a request that the Florida Keys Aqueduct Authority relinquish to the County its facilities located within Jackson Square; and a request that the City of Key West relinquish its interest in the USO Building located within Jackson Square. During discussion the Board changed the language on the portion regarding the City of Key West to read "and authorizing staff to enter into negotiations with the City of Key West for the USO Building located within Jackson Square". The makers of the motion accepted the amendment. Motion carried unanimously. RESOLUTION NO. 017-1983 See Res. Book No. 31 which is-rncorporated herein by reference. 99 34 27 6 Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following resolution authorizing the Mayor of the Board of County Commissioners to execute an Agreement by and between the City of Key West, Florida, and the Board of County Commissioners of Monroe County, Florida, said agreement providing for full-time ambulance service to the residents of Municipal Service Tax District lA, including Advanced Life Support. Motion carried unanimously. RESOLUTION NO. 018-1983 See Res. Book No. 31 which is-rncorporated herein by reference. 34 99 27 17 Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Joint Participation Agreement by and between the County of Monroe, State of Florida, and the City of Key West, Florida, said agreement providing funding for the Community Pool located at 300 Catherine Street, Key West, Florida. Motion carried unanimously. RESOLUTION NO. 019-1983 See Res. Book No. 31 which is-rncorporated herein by reference. 13 99 Motion was made by Commissioner Harvey and seconded by Commissioner Swift to adopt the following resolution authorizing modification of the action taken by the County Commission on August 24, 1982, concerning that property described as Lots 1 through 20, inclusive of Block 24 of Maloney Subdivision, as recorded in Plat Book 1, page 55, also described as all of Block 24 of Maloney Subdivision, Stock Island, Monroe County, Florida. Motion carried unani- mously. RESOLUTION NO. 020-1983 See Res. Book No. 31 which is-rncorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the following resolution transferring funds. Motion carried unanimously. 99 17 RESOLUTION NO. 021-1983 See Res. Book No. 31 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator recommended that the Board .~~. , Y:115- raise the liability insurance for Volunteer Firemen from $300,000 to $1,000,000 at a cost of $470.00 per annum. Motion was made by Commissioner Fahrer and s~conded b~ Commissioner Swift to accept the recommendatlon. Motlon carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift instructing the County Admini~trator to prepare and distribute to the Board a suspense llst of on-going projects. Motion carried unanimously. Next item was consideration of variance to the Flood Hazard Ordinance for several individuals. Mr. Vincent Drost addressed the Board regarding his variance. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to authorize a variance for Mr. Vincent M. Drost. Motion carried with Commissioner Harvey voting no. Motion 127 was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize a variance for C. Osment Moody and Margaret Moody. Motion carried with Commissioner Harvey voting no. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize a variance to Key Lime Resort and Marine Club. Motion carried unani- mously. The variance for Seven-Mile Marina, Inc., d/b/a Angler1s Outlet, Inc., was postponed to the next Marathon meeting. - 54 69 17 31 2 Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to postpone consideration on a letter and information from the Florida Keys Aqueduct Authority pertaining to proposed water shortage and pumping facility on Cudjoe Key and the County Administrator was instructed to negotiate with reference to the park at the end of the Seven Mile Bridge and report back to the Board in two (2) weeks. Roll call vote was taken and carried with Commissioner Swift voting no the postponment of the item. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey authorizing the County Attorney to prepare and the Chairman to execute a resolution 18 authorizing Larry Gray, Violations Inspector, to issue cita- 99 tions pursuant to the County Ordinance. Motion carried una- 84 nimously. - RESOLUTION NO. 022-1983 See Res. Book No. 31 which is-rncorporated herein by reference. Next item considered was a permit application for excavation and fill for Loretta Thompson. Mr. Richard Borges objected to the blasting because he has dolphins on his property. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to grant the application for excavation with the provision that no blasting be allowed for thirty (30) days. Motion carried unanimously. REPORTS! RECOMMENDATIONS Qf BOARD MEMBERS Motion was made by Commissioner Sorensen and seconded by Commissioner Swift authorizing travel to the Mid-year Legislative Conference in Jacksonville of the State Association of County Commissioners for all Commissioners on February 9, 10 and 11, 1983. Motion carried unanimously. Commissioner Harvey discussed the dumping of hospi- tal waste by Environmental Pollution Control Services at the Key Largo Incinerator. She advised the Board that she had information that infectious waste was being dumped at the incinerator. Mr. Aguero defined what "red bag waste" advised the process by which it was being disposed of and was that it met all DER and State Health Department requirments. 60 16 85 86 127 31 123 67 U&y 34 31 62 114 102 5 134 127 127 1 1 72 17 34 31 25 73 Commissioner Harvey brought out the fact that the contract that the County entered into with the firm had not been exe- cuted by Environmental Pollution Control Services. Motion was made by Commissioner Fahrer and seconded by Commmissioner Harvey referring this matter to the County Attorney in association with Mr. Aguero and Commissioner Harvey to come to some conclusions and come back to the Board in two (2) weeks with a resolution. Motion was carried unanimously. Commissioner Harvey advised the Board that she had been contacted by Mr. Robert Nathan, National Economist, and that his services were available to the Board of County Commissioners individually or collectively at no cost. Commissioner Swift discussed the possibility of adopting an ordinance establishing procedure for the dumping of trash in sway cars. Mr. Aguero explained that we now have an ordinance but that it is not being enforced. Motion Sorensen instructing the County Attorney to prepare a reso- lution and bring it back to the Board making it illegal to dump commercial garbage in the sway cars and instructing the Public Works Department to post signs spelling out what will happen if violations occur. Motion carried unanimously. Commissioner Swift discussed the Fifth and Sixth Cents Gas Tax. No action was taken. Commissioner Swift discussed the Airport Lounge. No action was taken. Motion was made by Commissioner Fahrer and seconded by Commmissioner Swift to re-instate the moratorium on Time Sharing that may come before the Board for ninety (90) days on conversion of all units to be time sharing units. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Capt. Thomas W. Brown, N.A.S., was scheduled to present an update on the Navy's Air Installation Compatible Use Zone (AICUZ) Program and also to discuss Bike Path to Boca Chi ca. The County Administration advised the Board that he had received a message that Capt. Brown could not be present today. Mr. Raymond Keebler, property owner at Boca Chica Ocean Shores in the AICUZ Zone, discussed procedures for building in AICUZ area. He was referred to the Building and Zoning Department. Mr. Jim Hendrick of Albury, Morgan and Hendrick, discussed a Letter of Understanding for legal services to represent the County in Tallahassee concerning comprehensive planning and land use in Monroe County. Motion was made by Commmissioner Sorensen and seconded by Commissioner Fahrer to re-affirm the firm of Albury, Morgan and Hendrick as Legal Counsel and also authorizing travel for Commissioner Sorensen and Commissioner Swift to Tallahassee for the hearing. Roll call vote was taken and carried with Commissioner Harvey voting no. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey authorizing City Electric System to install electric poles on south property line at Cudjoe Key Incinerator project. Motion carried unanimously. There being no further business the meeting was adjourned. * * * * * * * * * *