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04/15/1983 ReguLar14%8 y 84 127 93 102 Regular Meeting Board of County Commissioners Friday, April 15, 1983 10:00 A.M., Ocean Reef Club A regular meeting of the Board of County Commissioners convened on the above date. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner Wilhelmina Harvey, Commissioner Ken Sorensen, Commissioner Ed Swift and Mayor Jerry Hernandez, Jr. Also present were Ralph W. White, 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 and remained standing for the Pledge of Allegiance to the Flag. PUBLIC HEARINGS A public hearing was continued from March 31, 1983 on a proposed ordinance by amending Section 19-61 of Article IV and Section 19-80 of Article V of Chapter 19 of the Code providing automatic rescission of a special use by the Zoning Board or the Board of County Commissioners; providing for a Zoning District Map amendment or dimensional variance by the Board of County Commissioners; providing a time limit, procedures and standards for such reconsideration. Proof of publication was previously entered into the records. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to read the proposed ordi- nance by title only. Motion carried unanimously. After limited public discussion it became apparent to the Commission that the entire ordinance would have to be read. Motion was made by Commissioner Fahrer and seconded by Chairman Hernandez to rescind previous action and read the entire ordinance as revised. Motion carried unanimously. After public discussion a motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the proposed ordinance as amended as read. Motion carried with Commissioner Fahrer voting no. ORDINANCE NO.008-1983 See Ord. Book No. 6 which is incorporated herein by reference. Next was a continuation of a public hearing on a proposed road abandonment in Matecumbe Beach. Proof of publication was previously entered into the records. After public discussion and Commission discussion a motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to deny the application. After discussion the motion was withdrawn. Motion was then made by Commissioner Fahrer and seconded by Commissioner Harvey to deny the application again. Motion failed upon roll call with Commissioner Sorensen, Commissioner Swift, and Mayor Hernandez voting no. Motion was then made by Commissioner Sorensen to postpone the item pending the receipt of information from the County Attorney's Office. No second was received. Motion failed. Motion was then made by Commissioner Swift and seconded by Commissioner Fahrer to require the County Attorney to revise the proposed resolution requiring a reverter clause in the event of sale to the State requiring an MAI appraisal at current market value at the applicants expense and that the entire revised resolution be returned to the Commission for action. Motion carried with Commissioner Harvey voting no. Commissioner Sorensen then requested that the County Attorney contact the State of Florida regarding the prospects for purchasing Matecumbe Beach and also defining Lu Y 84 127 93 102 Regul.ar Meeting Board of County Commissioners Friday, April 15, 1983 10:00 A.M., Ocean Reef Club A regular meeting,of the Board of County Commissioners convened on'the above date. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner Wilhelmina Harvey, Commissioner Ken Sorensen, Commissioner Ed Swift and Mayor Jerry Hernandez, Jr. Also present were Ralph W. White, 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 and remained standing for the Pledge of Allegiance to the Flag. PUBLIC HEARINGS A public hearing was continued from March 31, 1983 on a proposed ordinance by amending Section 19-61 of Article IV and Section 19-80 of Article V of Chapter 19 of the Code providing automatic rescission of a special use by the Zoning Board or the Board of County Commissioners; providing for a Zoning District Map amendment or dimensional variance by the Board of County Commissioners; providing a time' limit, procedures and standards for such reconsideration. Proof of publication was previously entered into the records. Motion was made by Commissioner Sorensen and seconded by Commissioner F,ahrer to read the proposed ordi- nance by title only. Motion carried unanimously. After limited public discussion it became apparent to the Commission that the entire;,ordinance would have to be read. Motion was made by Commissioner Fahrer and seconded by' Chairman Hernandez to rescind previous action and read the entire ordinance as revised. Motion carried unanimously. After public discussion a motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the proposed ordinance as amended as read. Motion carried with Commissioner Fahrer voting,no. ORDINANCE NO.008-1983 See Ord. Book No. 6 which is incorporated herein by reference. Next was a continuation of a public hearing on a proposed road abandonment in Matecumbe Beach. Proof of publication was previously entered into the records. After public discussion and Commission discussion a motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to deny the application. After discussion the motion was withdrawn. Motion was then made by Commissioner Fahrer and seconded by Commissioner Harvey to deny the application again. Motion failed uponjroll call with Commissioner Sorensen, Commissioner Swift, and Mayor Hernandez voting no. Motion was then made by Commissioner Sorensen to postpone the item pending the receipt of information from the County Attorney's Office. No second was received. Motion failed. Motion was then made by Commissioner Swift and seconded by Commissioner Fahrer to require the County Attorney to revise the proposed resolution requiring a reverter clause in the event of sale to the.State:lrequiring an MAI appraisal at current market value at the applicants expense and that the entire revised resolution be returned to the Commission for action. Motion carried with Commissioner Harvey voting no. Commissioner Sorensen then requested that the County Attorney contact the State' of Florida regarding the prospects for purchasing Matecumbe Beach and also def.ining 1 NM "willing seller issue". motion was then made by Commissioner Fahrer and sed-onded by Commissioner Sorensen to continue the public hearing for six (6) weeks until May 27, 1983. Motion carried with Commissioner Harvey voting no. LEGAL DEPARTMENT Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to table a request for authoriza- tion to advertise for a public hearing on proposed ordinance amending Section 19-5 of the Code of Ordinances to change the definition of the word "story" in the Monroe County Zoning Ordinance. Motion carried with Commissioner Harvey voting no. Motion was made by by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize the Legal Department to advertise and call for a public hearing on proposed ordinance imposing a tax not to exceed .04 cents per gallon on all motor fuel and special fuel sold in the unincorporated areas of the County. Motion carried unani- mously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize legal staff to call for bids on bridge replacement (permanent) of Yellowtail Bridge. Motion carried unanimously. i Motion was made biy Commissioner Sorensen and seconded by Commissioner F-ahrer to adopt the following reso- lution designating April 22 and 23, 1983 as the "Conch; Republic" anniversary. Motion carried unanimously. RESOLUTION NO.098-1983 See Res. Book No. 32 which, is incorporated herein by reference. Motion was made 6� Commissioner Fahrer and seconded by Commissioner Swift to adopt the following resolution approving Change Order No. 1 amending the Contract by and between Upper Keys Marine;Construction, Inc., and Monroe County, Florida, by providing for the filling of voids existing under the bridge abutments of Duck Key Bridge No. 4 in order to preserve the i,ntergrity of the foundation. Motion carried unanimously. RESOLUTION NO.099-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following reso- lution incorporating a biological assessment into the records concerning the application of Claudio Torres, Jr., to provide improved boat docking facilities as well as' control erosion at his residential property. Motion carried unanimously. RESOLUTION NO.100-1983 See Res. Book No. 32 which is incorporated herein by reference. Motion was made b'y Commissioner Sorensen and', seconded by Commissioner Fahrer to adopt the following reso- lution incorporating a biological assessment into the records concerning the application of Charles Rosenberg and Ira Sochet to create a 0.95 acre upland boat basin and create an access canal/channel of 80'x50'x5l through upland and wetlands into an existing canal/channel. 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M LT L1 66 LT 66 LI 66 A ,GCZ y 201 1 J 1 TRANSLATOR FUND, (Old Series) #5 (New Check Series) #1-4, in the amount of 260,273.43. TOURIST $873,825.78. I. DEVELOPMENT, #1-2, in the .amount of MSD TAX DISTRICTS„(All Districts. #130-136), #100-B, in the amount of 3,726.96; #72, in the amount of $23,164.43; #73, in the amount of $195.38; #74, in the amount of $5,576.11; #75, in the amount of $2,040.60; #76, in the amount of $6,680.83 #100-A, in the amount of $5,978.55; #100-C, in the amount of $3,152.88; #100-H,"in the amount of 6,838.54; and #500-L, in the amount of $1,894.15. Motion carried unanimously REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator's Report was taken at this time. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer designating the following persons as Disaster Preparedness Area Coordinator for the 1983 hurricane season: (1) F. K. Jones,!Ocean Reef (2) George Leone, Upper Keys, Channel 5 Bridge to Reef (3) Mike Puto, Mliddle Keys, North Pine Channel Bridge Big Pine Key to Channel 5 Bridge (4) Harry Silvers, Lower Keys, North Pine Channel Bridge to the Key West City Limits Motion carried unanimously. Mr. Lewin stated ,that the Key West Redevelopment Agency had requested a meeting. The Commission designated 3:00 P.M., Thursday, May 1,2, 1983 in Key West to meet with the Key West Redevelopment Agency. Motion was made b'y- Commissioner Swift and seconded by Commissioner Harvey to !'authorize a refund to Fred E. Snowman, Jr., in the amount of $100.00 due to cancellation of examination per staff r'ecommendation. Motion carri'ed unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve Payment No. 2 in the amount of $43,271.18 to Upper Keys Marine Construction, Inc., for Renovation and Upgrading Duck Key Bridge No. 4 Project per staff recommendation. Motion carried unanimously. 11 1 Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve a variance.to the Flood Hazard Ordinance for Island Community Church for construction of gymnasium,.at ground level per staff recom- mendation. Motion carried unanimously. I' Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to approve a proposed agreement from the University of Miami to secure clinical nursing practice for students studying to be Registered Nurses. During discussion the motion was withdrawn. Motion was then made by Commissioner Sorensen and seconded by Commissioner Fahrer to table this item pending a report from the County Attorney and the Insurance- Consultants. Motion carried una- nimously. Oc 4an 30 14 42 31 17 127 17 16 86 127 34 69 12 95 34 106 17 33 123 69 17 74 16 34 63 34 63 14 99 Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to accept the recommendation of Mr. Stickney, Public Works Department, and award the bid for 2.5 cubic yard wheel loader for the Public Works Department to Linder Machinery, the low bidder, in the amount of $51,693.00. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to approve an amendment to the General Revenue Contract between Area Agency and Aging for Dade and Monroe Counties and Monroe County Board of County Commissioners, In -Home Services (CCE Contract No. 83-5-09) for funding period of July 1, 1982 through June 30, 1983. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to authorize payment of Invoice No. 12 to Post, Buckley, Schuh and Jernigan, Inc., in the amount of $2,744.00 for the month of February, 1983 for the Municipal Service District. Motion carried unani- mously. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to authorize payment to Risk Control Associates, Inc., in the amount of $585.00 for the month of March, 1983. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to authorize the Florida Keys Artificial Reef Association's request for long-term use of a pice of County property located near Bahia Honda on the gulf side of Spanish Harbor Key to be used as a staging area to store concrete rubble available from old bridge decking being donated to the County. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to approve a proposed contract with Group Seven, grant writing firm. Motion carried unani- mously. The Board recessed for lunch at this time. Regular Meeting Re -convened The regular meeting reconvened with everyone pre - sent. Upon reconvening a motion was made by Commissioner Sorensen and seconded by Commissioner Swift to re -consider the item concerning a proposed contract with Group Seven. Motion carried unanimously. After further discussion with the County Administrator's Office a motion was made by Commissioner Sorensen and seconded by Commissioner Swift to table this item indefinitely. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the following resolution approving the following appointments to the South Florida Employment and Training Consortium Private Industry Council under the provisions of the position paper on the procedures for establishing the SFETC-PIC under the provisions of the Job Training Partnership Act: Private Sector, Ed Toppino, Mona Chase and Kenneth Meeks; Public Sector, Glynn R. Archer, Monroe County School Boa— rff ancTA ivin Burney, Labor. Motion carried unanimously. RESOLUTION NO.105-1983 See Res. Book No. 32 which is incorporated herein by reference. y 203 1 1 J Commissioner Fahrer discussed a traffic problem at West 105th Street, Marathon. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey authorizing the installation of a traffic bump and a sign at West 105th Street, Marathon, for a cost not to exceed $200.00. Motion carried with Commissioner Sorensen voting no. Chairman Hernandez discussed a letter and resolu- tion received from the City of Key West. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen authorizing the County Attorney to respond to the letter and resolution indicating the County's position as previously stated. Motion carried unanimously. Motion was then made by Commissioner Sorensen and seconded by Mayor Hernandez designating Commissioner Fahrer, Commissioner Harvey, and Commissioner Swift to a committee to study the dual taxation issue and named Commissioner Fahrer as Chairperson. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following�'reso- lution naming unnamed street in Oceana which runs from the Park in the subdivision located on the Florida Bay to U.S. 1, a resubdivision of Lots 7 and 8, Block 11, and Lot 4, Block 12 of "Stratton's Subdivision" on Upper Matecumbe, Monroe County, Florida,,and recorded in Plat Book 2, page 123 of the Public Records .of Monroe County, Florida as Ocean Lane. Motion carried unanimously. RESOLUTION NO.106-1983 See Res. Book No. 32 which;' is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the County Attorney to advertise and call for a public hearing on a proposed ordi- nance establishing the Monroe County Board of Parks and Recreation. During discussion Commissioner Swift withdrew his second to the motion. Motion died for lack of a second. Motion was then made by Commissioner Swift and seconded by Commissioner Fahrer to postpone consideration of this item for two (2) weeks and allow for both Commission and public input on the contents of the ordinance. Motion carried una- nimously. Commissioner Fahrer discussed with the Board'her attempt to compile an accurate list of all outstanding County committes and boards and presented to the Board a sample poll of the information she was attempting to locate. No action was needed at this time. Commissioner Sorensen made a motion which was seconded by Commissioner Swift authorizing the County;; Attorney to advertise and call for bids for the reconstruc- tion of certain roads in Cross Key Waterways. Motion, carried unanimously. Commissioner Swift discussed a letter received from the Clerk regarding the short -fall State Sales Tax revenues. After discussion the County Attorney was instructed to pre- pare a resolution -to be forwarded to the Legislation Delegation. During additional discussion motion was made by Commissioner Harvey and seconded by Commissioner Swift authorizing the Attorney 'to prepare and the Chairman to exe- cute a resolution to be f'orwarded to Senator Plummer and Representative Allen requesting their support for a Special Act allowing Monroe County to be an exception to the TRIM Bill Legislation because .of the Cabinet mandate of 1.5 million dollar for the Sheriff's Office. Motion carried unanimously. 17 102 114 14 102 99 111 84 14 85 14 12 102 99 103 76 ME 54 99 103 130 17 37 71 14 14 106 34 99 129 83 93 107 34 99 30 RESOLUTION NO.107-1983 See Res. Book No. 32 which is incorporated herein by reference. Commissioner Harvey then made a motion which was seconded by Commissioner Swift authorizing the County Attorney to pre- pare and the Chairman to execute a resolution requesting the State Association of County Commissioners' assistance regarding the Sales Tax issue and the elimination of depen- dent special taxing districts from the TRIM Bill. Motion carried unanimously. RESOLUTION NO.108-1983 See Res. Book No. 32 which is incorporated herein by reference. Commissioner Swift briefly discussed the audit of the Card Sound Toll District. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen requesting that the Project Engineer and the Clerk forward recommendations regarding the short -fall in revenues in this district. Motion carried unanimously. Commissioner Harvey discussed with the Board the County's response to the Federal law suit on the County Jail. She also commended the members of the Jail Oversight Committee for their efforts in reducing the jail population to a medium cap of around eighty four (84) prsons. UNFINISHED BUSINESS Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to appoint Mr. Robert Picks and Ms. Ruth Yates to the Area Agency on Aging Council for three (3) year terms. Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Sorensen to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between Chester Alexander d/b/a Alexander Marine, Florida Keys Artificial Reef Association, and Monroe County, for the purpose of establishing artificial reefs in Monroe County. Motion carried unanimously. RESOLUTION NO.109-1983 See Res. Book No. 32 which is incorporated herein by reference. Next item was a resolution requiring the publishing of the various newspapers in this County Notice of Public Hearings held in said County and specifying wherein said notices shall appear. This item was withdrawn pending a receipt of proposals. OFFICIAL CORRESPONDENCE Board acknowledged receipt of letter from Sheriff advising the Board of the appointment of Jerry D. Powell, Deputy Sheriff, effective October 1, 1982. LEGAL DEPARTMENT Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to adopt the following reso- lution authorizing a Contract between the County and the University of Florida Department of Civil Engineering, to complete a detailed structural review of buildings in Monroe 1 1 1 005 Y 1 1 L County for hurricane and other emergency use and to recom- mend revision in the Monroe, County Building Code. Motion carried unanimously. RESOLUTION NO.110-1983 See Res. Book No. 32 which',is incorporated herein by reference. i� 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 an Airport Lease Agreement by and between County of Monroe, State of Florida, and Fred B. Sellers, Sr., for the operation of a cocktail lounge and coffee shop at the Key West International Airport. Motion carried unanimously. RESOLUTION NO.111-1983 See Res. Book No. 32. whi.ch'is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the County Attorney to advertise and call for a public hearing .on an amendment to the Monroe County Code Enforcement Board Ordinance. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute a'n Indemnification and Hold Harmless Agreement by and ;between Monroe County, Florida, Gangly Properties, Inc., and Upper Keys Marine, Inc. with regard to the construction' of Duck Key Bridge No. 4. Motion carried unanimously. RESOLUTION NO.112-1983 See Res. Book No. 32 which; is incorporated herein by " reference. ' Motion was made y Commissioner Fahrer and seconded by Commissioner Sorensen t�o adopt the following resolution approving Change Order No. 1 amending the Contract by and between General Asphalt Company and Monroe County, Florida, by providing for the paving of an unnamed street in Oceana Subdivision, and a portion of a street known as De Leon Street in Ocean View Subdivision in conjunction with the paving of O.ld State Road 4A "Old Bumpy". Motion carried unanimously. RESOLUTION NO.113-1983 See Res. Book No. 32 whi.ch .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 to execute an automobile Fleet Lease and Vehicle Lease Order by and between Hertz Car Leasing and the County of Monroe and Board of County Commissioners for the leasing of car for the County Attorney. Motion carried una- nimously. RESOLUTION NO.114-1983 See Res. Book No. 3.2 which is incorporated herein by reference. The County Attorney reported that the Board of County Commissioners had been named as the third party 75 95 14 93 84 69 99 34 16 102 99 34 99 75 9 -206Y defendant on a law suit Stock vs. Sombrero Beach Club. Whereas the suit alledges negligence on the part of the - 37 Building Inspector, requesting that the Board authorize the 9 employment .of outside counsel with the law firm of Holland and Knight. The Board unanimously concurred with the request. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator advised the Board that the bid received from Upper Keys Marine Construction, Inc., for the installation of day beacons to mark Tamarac Park Channel 24 in the amount of $75000.00 was in order. Motion was made by 12 Commissioner Swift and seconded by Commissioner Fahrer to award said bid to Upper Keys Marine Construction, Inc., based upon the recommendation of Mr. Fisher of the Extension Service. Motion carried unanimously. The County Administrator advised the Board that Metropolitan Insurance had indicated that they would be increasing the group plan by thirty (30) percent by next 69 year and asked for permission to negotiate with firms 2 regarding a self-insurance program. 'Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey granting the County Administrator the authority to negotiate and report back to the Board. Motion carried unanimously. There being no further business the meeting was adjourned.