02/23/1982 RegularRegular Meeting
Board of County Commissioners
Tuesday, February 23, 1982
10:00 A.M., Plantation Key
A regular meeting of the Board of County Commission-
ers convened on the above date. Present and answering to roll
Budget.
Zoning.
Budgets;
Advetising.
Contracts &
Agreements;
Medical
Examiner;
State Agency
call were Commissioner Curt Blair, Commissioner Wilhelmina
Harvey, Commissioner Jerry Hernandez, Jr., Commissioner Ken
Sorensen and Chairman George Dolezal. Also present were
Danny L. Kolhage, Deputy Clerk; Lucien Proby, County Attorney;
Kermit Lewin, County Administrator; members of the County's
Engineering Firm; members of the Press and Radio; and general
public.
All stood and recited the Lord's Prayer and Pledge
of Allegiance to the Flag.
Motion was made by Commissioner Harvey and seconded
by Commissioner Sorensen to approve the following items by
unanimous consent:
UNFINISHED BUSINESS
Board adopted the following resolution trans-
ferring funds.
RESOLUTION NO. 71-1982
See Res. Book No. 26 which is incorporated herein by reference
Board adopted the following resolution incor-
porating a biological assessment into the records
concerning the application of The Institute of
Delphinid Research, Ltd., proposing the stabilizatio
and development of a canal shoreline and an open
water shoreline bordering a perimeter channel to
provide private boat mooring and shoreline protectio
RESOLUTION NO. 72-1982
See Res. Book No. 26 which is incorporated herein by reference.
Board approve the payment of the following
Advertising Budgets:
The Greater Key West Chamber $5,020.00
Layton Chamber of Commerce $ 120.00
Board approved transfer of funds from Contingenc
to make deficits which now exists in the amount of
$41,675.00 as outlined in memorandum of Feb-
ruary 1, 1982. from the County Administrator.
L37GAL DEPARTMENT
Board adopted the following resolution authoriz-
ing the Chairman of the Board of County Commissioner:
to execute a Contract by and between the State of
Florida, Department of Law Enforcement, Medical
Examiners Commissioners and Monroe County.
RESOLUTION NO. 73-1982
See Res. Book No. 26 which is incorporated herein by reference.
Board adopted the following resolution authorii2
ing the Chairman of the Board of County Commissioner:
to execute an Agreement for Services by and between
X 079
the Monroe County Board of County Commissioners and
Arthur J. Gallagher and Company - Florida, Gallagher
Basset Insurance Service, a Division of Arthur J.
Gallagher and Company.
RESOLUTION NO. 74-1982
See Res. Book No. 26 which is incorporated herein by reference,
Board adopted the following resolution incor-
porating a biological assessment into the records
concerning the application of Richard P. Kerwick for
a partial after -the -fact permit to perform work
that was unauthorized by the original Permit No.
44-24226-5E.
RESOLUTION NO. 75-1982
See Res. Book No. 26 which is incorporated herein by reference.
Board adopted the following resolution incor-
porating a biological assessment into the records
concerning the application of Boyd Hamilton for an
after -the -fact application for the construction of a
seawall and four finger piers associated with a
commercial campground.
RESOLUTION NO. 76-1982
Contracts
Agreement:
Insurance.
Zoning.
Zoning.
See Res. Book No. 26 which is incorporated herein by reference.
Board adopted the following resolution trans- Budget.
ferring funds.
RESOLUTION NO. 77-1982
See Res. Book No. 26 which is incorporated herein by reference
Board approved payment of $3,373.84 to the
South Florida Employment and Training Consortium
for the settlement of claim made by Thomas Yera sub-
ject to the expungment of the termination from Mr.
Yera's personnel file and that satisfaction of this
claim be made within 30 days.
Board approved the Library Board's request for
release of $25,000.00 from the Construction Contin-
gency Account of the Marathon Library Bond Issue for
the purchase of furniture for the Library.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Board removed the following item from Inventory
of the Tax Collector:
1962 IBM Electric Typewriter, I.D. No. 1481317.
Board approved Agreement with National Linen
Service for the Courthouse in Key West and the Upper
Keys Governmental Center.
Board approved a refund in the amount of $61.20
to the First Baptist Church of Islamorada per staff
recommendation as the fee was waived for addition
to the Church.
Board waived permit fee for Big Pine Key Baptis
Church for addition on Church property.
Board approved payment to Pinewood Enterprises
Budget;11
Contracts & in the amount of $10,111.63 for the installation of
Agreements. a waterline at Cudjoe Key.
REPORTS & REC03MIMENDATIONS OF BOARD MEMBERS
Travel; Board approved travel for Commissioner Hernande
Commissioner!. to West Palm Beach on February 17, 1982 for the
purpose of attending a County Workshop Meeting.
Licenses & Board approved waiver of the Occupational
Permits. License Fee for flea market for the Upper Keys Moose
Licenses &
Permits;
Zoning.
Commissioner!
Budget.
Club.
Board approved waiver of construction fees for
Mariners Hospital.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Board approved the Minutes for the month of
I. January 1982.
Board approved the following Warrants for
February, 1982:
W A R R A N T S
General Revenue Fund, #3879-4304, in the amount
of $1,147,682.51.
General Revenue Fund, Boulevard Bank, #38, in the
amount of $17,689.18.
General Revenue Fund, Marathon Bank, #15, in the
amount of $6,602.35.
General Revenue Fund, First American Bank, #15, in
the amount of $27,666.64.
General Revenue Fund FRS, #68-69, in the amount of
$26,193.67.
Supplement to the General Revenue Fund, #59-60, in
the amount of $31,962.36.
Fine & Forfeiture Fund, #142-143, in the amount of
$583,475.25.
Road & Bridge Fund, #113-114, in the amount of
$36,183.57.
Airport Revenue Fund, #69, in the amount of
$278.94.
Airport Operation & Maintenance Fund, #66-67, in the
amount of $10,986.62.
Law Library Fund, #51, in the amount of $70.40.
Card Sound Bridge Revenue Fund, #76-78, in the amount
of $27,233.31.
MSD Tax District,#76-78, in the amount of $27,233.31.
Workmens Compensation, #215-222, in the amount of
$5,569.36.
MSD TAx District #100-B, #74-75, in the amount of
$1,511.60.
MCTI Taw T1; Gfr; rt #72. #74-75. in the amount of
$4,337.74.
MSD Tax District #73, #74-75, in the amount of
$2,561.86.
MSD Tax District #74, #74-75, in the amount of
$1,877.15.
MSD Tax District #75, #74-75, in the amount of
$2 707.48.
S15 Tax District #76, #74-75, in the amount of
$5,600.10.
MSD Tax District #100-A, #74-75, in the amount of
$1,416.53.
MSD Tax District #100-C, #74-75, in the amount of
$2,457.40.
MSD Tax District #100-H, #74-75, in the amount of
$79245.56.
MSD Tax District #500-L, #74-75, in the amount of
$722.27
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Board approved the following Advertising Bills
and Budgets for February, 1982:
Stuart Newman Associates
PR Fee $ 1,750.00
Production, Distribution,
Printing, Shopping, etc. 6,833.65
Media 16,231.46
Credit Memo (500.00)
Total $ 24,315.11
Advertising Agency Balance as of
February 12, 1982 $100,207.31
Advertising Budgets for the following:
Islamorada Chamber of Commerce $2,850.00
Marathon Chamber of Commerce $2,800.00
Motion carried unanimously.
ADDITIONS OR CORRECTIONS TO AGENDA
Mayor Del Layton discussed his previous donation of
lots on Grassy Key to be used as a Translator Tower Site. He
indicated that this donation had been made several years ago
and the County had not taken any positive action to construct
the Translators and therefore requested that the County return
the lots to him. Motion was made by Chairman Dolezal and
seconded by Commissioner Hernandez to refer Mayor Layton's
request to the County Attorney for a report back to the Board
at the next meeting. Motion carried unanimously.
Mrs. Vera Burrell of Big Pine Key AARP Chapter
addressed the Board and advised them and invited the Board of
County Commissioners to the groundbreaking ceremony for the
Big Pine Key AARP Building which will be held on Saturday,
February 27, 1982 at 10:00 A.M. During discussion of the Big
Pine Key AARP Building the County Administrator and the County
Attorney advised the Board that the Contractor had agreed to
convey real estate to the County in lieu of a Performance Bond
that was required by the bid specifications. After discussion
a motion was made by Commissioner Hernandez and seconded by
Commissioner Sorensen to accept the conveyance of property in
lieu of the Performance Bond from Pinewood Enterprises, Inc.,
for the construction of the Big Pine Key AARP Building. Motio
carried unanimously.
LEGAL DEPARTMENT
Advertisin
Budget.
Television;
Deeds,
Co. Prop.
Retired
Persons;
Bldgs. &
Grounds.
Contracts &
Agreements;
Bonds,
Misc;
Deeds, Co.
Property.
Motion was made by Chairman Dolezal and seconded by
egisla-
Commissioner Hernandez to adopt the following resolution
:ion;
iudget;
opposing certain State mandated programs and requesting
;tate Agenc
Governor Graham to place local governmental finances and State
mandates on agenda for the upcoming Special Legislative Sessio
.
Motion carried unanimously.
RESOLUTION NO. 78-1982
See Res. Book No. 26 which is incorporated herein by reference
OPENING OF BIDS
yids &
Next item was the opening of sealed bids forithe
'roposals;
recreation;
construction of two (2) ballfields, stroll path-, six. (6) tiki
'arks .
picnic shelters at Harry Harris Park, Tavernier, Florida.
Proof of publication was entered into the records. The Clerk
advised the Board that there were two (2) bids on the fable.
Motion was made by Commissioner Hernandez and seconded1by Chai
-
man Dolezal to open the bids. Motion carried unanimously.
The following bids were received:
Upper Keys Marine Construction
P. 0. Box 18 AAA i
Key Largo, Florida 33037 $ 98,990.00
Alonzo Cothron,.Inc.
Route 1, Box 55B
Islamorada, Florida 33036 $106,730.00
Motion was made by Commissioner Sorensen and seconded by Com-
missioner Blair to refer the bids to the Public Works Director
the County Attorney and representatives of the Upper Keys
Recreation Committee who were present at the meeting to review
and report back to the Board. Motion carried unanimously.
PUBLIC HEARINGS
.oad, Abolis
- A public hearing was held on the proposed ab
ents;
landon-
ppraisals.
ment of a portion of Avenues "I" and "J" in Coco Plum Beach.
i
Proof of publication was entered into the records. After dis-
cussion a motion was made by Chairman Dolezal instructing the
County Attorney to obtain an additional appraisal from an
Appraiser in the Marathon area and report back to the Board an
also to continue the public hearing until the next meeting in
two (2) weeks. During discussion the motion was withdrawn.
Discussion on this issue ensued. Motion was then made by Chai
man Dolezal and seconded by Commissioner Hernandez instructing
jjthe County Attorney to obtain an additional appraisal from an
X 083
Appraiser in the Marathon -area and report back to the Board and
to continue the public hearing until the next meeting. During
discussion the motion was withdrawn. Motion was then made by
Chairman Dolezal and seconded by Commissioner Sorensen to adopt
the resolution authorizing abandonment of a portion of Avenues
"I" and "J" in Coco Plum Beach and accepting a consideration
of $4,495.97. Roll call vote was taken and carried with Com-
missioner Harvey voting no.
RESOLUTION NO.79-1982
See Res. Book No. 26 which is incorporated herein by reference.
Next item scheduled was a public hearing on the pro -
I posed abandonment of Catherine Street and Beach Road extension,
IMatecumbe Beach. The public hearing was continued until the
Inext Plantation Key meeting in the month of April, 1982.
OPENING OF BIDS
Next item was the opening of bids for one (1) 3/4
Ton Pick -Up Truck with Service Body for the Municipal Service
District. Proof of publication was entered into the records.
The Clerk advised the Board that there was one (1) bid on the
table. Motion was made by Commissioner Hernandez and seconded
by Commissioner Blair to open the bid. Motion carried unani-
mously. The Clerk advised the Board that the bid was from
Duncan Ford, Lincoln-Mercury of Key West in the amount of
$11,192.63. Motion was made by Commissioner Hernandez and
seconded by Commissioner Harvey to refer this bid to staff for
a report back in two (2) weeks. Motion carried unanimously.
The Clerk advised the Board that there were several
bids for the renovation and up -grading of Duck Key Bridge No. 1
and No. 2 and that there was one (1) envelope that was not
clearly marked as to which project they pertain to and there wa
also one (1) envelope marked that it contained bids for both
projects. Proof of publication was entered into the records.
After discussion a motion was made by Commissioner Blair and
seconded by Commissioner Harvey instructing the Clerk to open
all of the bids for Duck Key Bridge No. 1 and No. 2. Motion
carried unanimously. At this point the Board recessed for
lunch.
Budget.
Road,
Abolish-
ment.
Bids &
Proposals;
District;
Machinery&
Equipment.
Bids &
Proposals;
Bridges &
Culverts.
Regular Meeting
Re -convened
The regular meeting re -convened with all Commissione
and staff present.
Bids &
Prior to recess for lunch the Board
was discussing
Proposals;
Bridges &
the items pertaining to bids on Duck Key Bridges No. 1 and 2
Culverts.
Projects. The following bids were received:
No. 1
No. 2
Webb General Contracting, Inc.
840 N.W. 12th Terrace
Pompano Beach, Florida 33060 $258,726.00
$268,000.00
Upper Keys Marine Construction
P. 0. Box 18 AAA
Key Largo, Florida 33037 $172,400.00
Alonzo Cothron, Inc.
Route 1, Box 55B
Islamorada, Florida 33036 $139,713.00
$194,689.00
Charley Toppino & Sons, Inc.
P. 0. Box 787
Key West, Florida 33040 $246,280.00
$169,500.00
Coastal Marine Construction, Inc.
Route 3, Box 96, Faulkenburg Rd.
Tampa, Florida 33619 $268,480.00
$209,627.00
Sieg and Ambachtsheer, Inc.
P. 0. Box 717
Deland, Florida 32720 $167,000.00
$ 69,800.00
Structural Preservation Systems
38-40 Alco Place
Baltimore, Maryland 21227
$112,000.00
Motion was made by Commissioner Hernandez and
seconded by Com-
missioner Harvey to refer these bids to the Consulting
Engineers
and the Director of the Road Department for a
report back in twc
(2) weeks. Motion carried unanimously. Mr. Bob
Harris of Post,
Buckley, Schuh and Jernigan, Inc., Consulting Engineers, advised
the Board that their estimates for Duck Key Bridge No. 1 was
$305,000.00 and for Duck Key Bridge No. 2 was $205,000.00. No
further action was taken.
At this time Mr. Stickney and representatives of the
Recreation;
Bids & ecreation Committee of the Upper Keys addressed the Board and
Proposals;
Contracts & Etdvised them that they recommended the awarding of the bid for
Agreements.
ke improvements to Harry Harris Park to the low bidder, Upper
ys Marine Construction Company, Inc. Motion was made by Com-
issioner Hernandez and seconded by Commissioner Blair to
ccept the low bid and award the contract to Upper Keys Marine
X 085
Construction Co., Inc., in the amount of $98,990.00 for
improvements at Harry Harris Park. Motion carried unanimously.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Mayor pro tem Sorensen presented an award to Andy
Tobin for his outstanding service to the County as a Special
Prosecutor of Zoning and Building Violations.
UNFINISHED BUSINESS
Commissioner Hernandez was to discuss the division
of the Building and Zoning Departments into separate entities
and departments. This item was withdrawn.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Harvey to postpone an item concerning
a report on the Marathon Airport Leases for two (2) weeks.
Motion carried unanimously.
Commissioner Hernandez was to discuss permitting
home owners temporary living quarters in trailers or other
quarters during the construction of a residence on their
property. This item was withdrawn.
The Board discussed appointments to the Code Review
Board. After discussion Mayor Dolezal nominated Mr. Frank
Greenman to serve under Category 7 (Other Relevant Individuals)
Motion was made by Commissioner Hernandez and seconded by Com-
missioner Blair to appoint Mr. Joe Bizjack and Mr. Bob Dennis
under Category 1 (County Officials). Motion carried unanimous
Motion was made by Commissioner Sorensen and seconded by Com-
missioner Hernandez to appoint Mr. Tom Harden under Category 2
(Residential Builder). Motion carried unanimously. Motion
was made by Commissioner Sorensen and seconded by Commissioner
Hernandez to appoint Mr. Gene Harris under Category 3
(Commercial Builder). Motion carried unanimously. Motion was
made by Commissioner Blair and seconded by Commissioner
Hernandez to appoint Mr. Richard Divoll under Category 4
(Mechanical Engineer). Motion carried unanimously. Motion
was made by Chairman Dolezal and seconded by Commissioner
Hernandez to appoint Mr. Tom Holding under Category 5 (Electric
Engineer). Motion carried unanimously. Motion was made by
Commissioner Hernandez and seconded by Chairman Dolezal to
Commenda-
tion;
Zoning.
Zoning.
Lease, Co.
Property;
Airport.
(Zoning.
(Appoint-
ments.
W.
i1
086 X
Appoint-
ments.
Elections,
Pres. Off.
Television.)
Contracts S
Agreements;
Co. Fire &
Amb. Corps;
Retired
Persons.
Veterans.
Funds, Fed.
Grants;
State ARenc
appoint Mr. C. B. Harvey under Category 6 (Structural Engineer
contingent upon_ the approval of the Legal Department concernin
any conflict of interest. Motion carried unanimously. The
Commissioners then nominated individuals to the Code Review
Board under Category 7 (Other Relevant Individuals). Commis-
sioner Hernandez nominated Mr. Paul Mitchell; Commissioner
Harvey nominated Mr. Bill Walden; Commissioner Blair nominated
Mr. Jim Hendricks; Commissioner Sorensen nominated Mr. Nat
Funke; previously Mayor Dolezal nominated Mr. Frank Greeman.
Motion was made by Commissioner Hernandez and seconded by
Commissioner Sorensen to approve all of the above nominations.
Motion carried unanimously.
Motion was made by Commissioner Sorensen and secon-
ded by Chairman Dolezal to postpone an item concerning reap-
pointment of Fred Shaw to the Key West Redevelopment Agency
for two (2) weeks. Motion carried unanimously.
A resolution pertaining to fixing the monthly al-
lowance of the Supervisor of Elections for the use of his
privately owned automobile in performance of his duties and
providing that the same is in lieu of a mileage allowance
was withdrawn from the agenda.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Motion was made by Chairman Dolezal and seconded by
Commissioner Blair to refer the resolutions offered by Mayor
Dolezal and Commissioner Blair concerning the Translator
System to the legal staff, Translator Board, Commissioner Blai
and Commissioner Harvey for a report back to the Board at the
next meeting. Motion carried unanimously.
Commissioner Blair's item concerning discussion on
Joint Agreement with the Marathon Fire Department and AARP was
withdrawn.
Chairman Dolezal's item concerning discussion of the
Veterans Affairs Office in the Upper Keys was withdrawn.
REQUEST TO ADDRESS THE BOARD
Dr. Arthur Weiner and representatives of the Arti-
ficial Reef Association discussed a proposed project whereby
the County would act as an applicant for funds to be provided
mma
by the State for the purpose of constructing artificial reets
in various parts of the County by using bridge rubble. Mr.
Jim Barnett of the Department of Natural Resources and Mr. Ric
Eyerdam of the Artificial Reef Association and representatives
of the State Road Department and the Army Corps of Engineers
also addressed the Board and answered questions concerning the
proposed project. Motion was made by Commissioner Sorensen
and seconded by Commissioner Hernandez to adopt the following
resolution concerning the project subject to a review by the
County Attorney concerning the County's possible liability and
also subject to the execution of a Hold Harmless Agreement
between the County and the Artificial Reef Association and
authorizing the Chairman to execute any necessary documents.
Motion carried unanimously.
RESOLUTION NO. 80-1982
See Res. Book No. 26 which is incorporated herein by reference.
The Board now convened as the Board of Appeals.
Proof of publication was entered into the records.
All Commissioners were present. Mr. Jeff Gautier, Attorney,
representing Mr. Charles Andrews of Goodtime Charlie's Inc.,
addressed the Board concerning their request for reversal of
the decision of the Monroe County Zoning Board of a change of
zoning from BU-2 with a BU-2F to RU-3 and BU-2 with a BU-2F
on Lot 6 of Galen Beach Subdivision, as recorded in Plat Book
2, page 110 also a portion of Government Lot 1, according to
the Plat of George MacDonald's Survey of part of Government
Lot 1, 2 and 3, as recorded in Plat Book 1, page 50 also the
Westerly 10 feet of submerged land described in TIIF Deed
No. 21848, also two parcels of filled land adjacent to the
Atlantic Ocean, all being located in Section 23, Township 63
South, Range 37 East, Windley Key. Proof of publication was
entered into the records. Ms. Allison Ferrar of Windley Key
discussed the project. After considerable discussion there
was a motion made by Commissioner Hernandez and seconded by
Commissioner Blair to reverse the decision of the Zoning Board
and grant the change in zoning as requested with the provision,
that the project not exceed 8 units and also with the provision
Board of
Appeals;
Zoning.
for the removal of all trailers, buildings and a waiver of
Airport;
Committees.
Appoint-
ments;
Commission-
ers.
Co. Engin
Suits,
affecting
County.
State
Agency;
Bridges &
Culverts;
Commenda-
tions;
Lights &
Signs.
grandfather rights as to the trailers. Roll call vote was
taken and carried with Commissioner Harvey voting no.
RESOLUTION NO. 81-1982
See Res. Book No. 26 which is incorporated herein by reference,
Motion was made by Commissioner Hernandez and
seconded by Commissioner Harvey to extend the time for the
meeting adjournment to 5:30 P.M. Motion carried unanimously.
The Board then discussed the Committee established
to study the Airport Lounge situation. Motion was made by
Commissioner Sorensen and seconded by Commissioner Hernandez
to nominate Commissioners Blair, Hernandez and Harvey to
serve on the committee which had been established to study the
Airport Lounge problem and also call a meeting for Tuesday,
March 2, 1982 at 10:00 A.M., in the Administration Building
on Fleming Street, Key West. Motion carried unanimously.
UNFINISHED BUSINESS
Motion was made by Chairman Dolezal and seconded by
Commissioner Sorensen to nominate Commissioner Harvey to serve's
as the Board's appointee on the Fair Hearing Committee. Motior
carried unanimously.
Motion was made by Commissioner Hernandez and secon-
ded by Commissioner Sorensen to postpone an item concerning
approval of payment to Post, Buckley, Schuh and Jernigan, Inc.
for contractural services on Palms Condominium Lawsuit for
two (2) weeks. Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded
by Commissioner Blair to adopt the following resolution direct(
to the Department of Transportation, State of Florida, request-
ing the installation of a plaque at each end of the 7-Mile
Bridge to the memory of the late Hon. Bernie C. Papy, Florida
State Legislator from Monroe County for many years and Dean of
the House of Representatives. Mr. Bill Martin, President of
the Greater Marathon Chamber of Commerce, briefly addressed
the Board concerning the issue. Motion was made by Commissions
Harvey and seconded by Commissioner Hernandez to amend the
motion to provide that the County will provide the plaques and
the Department of Transportation will install them. The
' • s
amendment was accepted by the seconder of the motion. Roll
call vote was taken on the original motion as amended and
carried unanimously.
RESOLUTION NO. 82-1982
See Res. Book No. 26 which is incorporated herein by reference
LEGAL DEPARTMENT
Motion was made by Commissioner Sorensen and seconde
by Commissioner Blair to adopt the following resolution author
ing the Chairman of the Board to execute a Sign Lease by and
between the Board of County Commissioners and the Hertz Corp.,
for installing a sign at the Key West International Airport.
Motion carried unanimously.
RESOLUTION NO. 83-1982
See Res. Book No. 26 which is incorproated herein by reference
Mr. Proby, County Attorney, made a report to the
Board concerning the request of City Electric System for an
Easement on West Summerland Key. He advised that a report
from Mr. Don Wright indicated that there would be no conflict
with the site allocated for the Translator Tower. Motion
was made by Commissioner Sorensen and seconded by Commissioner
Harvey to adopt the following resolution authorizing the Chair-
man to execute an Easement by and between Monroe County and
the Utility Board of the City of Key West for public utility
purposes on West Summerland Key. Motion carried unanimously.
RESOLUTION NO. 84-1982
See Res. Book No. 26 which is incorporated herein by reference.
The County Attorney advised the Board that upon
further study he had arrived at an opinion and rendered the
opinion to the Board that Resolution No. 68-1982 which was
adopted at the last meeting of the Board of County Commission-
ers concerning the processing of major development projects
was invalid in that it was an attempt to amend an ordinance
namely Chapter 6 of the Code of Ordinances without the necessaz
public hearings before both the Monroe County Zoning Board
and the Monroe County Commissioners and without proper
advertisements. He further advised the Board that it was his
recommendation that the Board at this time rescind Resolution
No. 68-1982 as same was adopted contrary to Law. After
094 X
Licenses &
Permits;
Zoning.
considerable discussion there was a motion made by Commissione
Sorensen to rescind Resolution No. 68-1982 in accordance with
the advice of counsel. Motion died for lack of a second.
Motion was then made by Commissioner Harvey to direct the
County Attorney to obtain an Attorney General's Opinion con-
cerning the adoption of Resolution No. 68-1982. Motion died
for lack of a second. Motion was then made by Commissioner
Blair and seconded by Commissioner Hernandez directing the
County Attorney to refer the matter to the Zoning Board and
directing them to conduct the necessary public hearings in
accordance with the Law and Monroe County Ordinances for the
changes to Chapter 6 of the Monroe County Code. During dis-
cussion a motion was made by Commissioner Sorensen to amend
the motion to include the language which would rescind
Resolution No. 68-1982. The Chairman ruled this motion out
of order. Commissioner Sorensen upon further discussion
challanged the Chairmans ruling and at this point the Chairman
withdrew his ruling. Motion died for lack of a second.
Roll call vote was taken on the original motion and carried
with Commissioner Sorensen voting no.
The County Attorney made a report to the Board
concerning a violation of a Building Permit concerning setback
and density at the Florida Bay Club Development in the Upper
Keys. He indicated that a stop order would be issued and
further indicated that the Attorney representing the Developer
Mr. James R. Mikes, and Mr. Fred Tittle, Attorney, had provide
him with a letter of intent dated February 19, 1982 which
indicated that the Developer would limit the County's liabilit
subsequent to February 9, 1982 upon the issuance of the
stop order under certain conditions which would allow the
Developer to complete the buildings in question up to a certail
point as described in the letter of intent. After considerable
discussion a motion was made by Commissioner Sorensen and
seconded by Chairman Dolezal to accept the terms and condition!
of the letter of intent from the Attorney representing the
Developer of the Florida Bay Club, Inc., dated February 19,
1982, and directing Mr. Henry Weinkam, Director of Building
Planning and Zoning, to issue a stop order allowing the
development to proceed as described in the letter of intent.
During discussion of the motion Mr. Fred Tittle, represent-
ing Florida Bay Club, Inc., and Mr. Al Finney, President of v 091.
Florida Bay Club, Inc., addressed the Board. During disc ussiovA
n motion was made by Commissioner Blair to refer the matter to
During discLtS82:0LI
L vas n V0
motion was withdrawn. Also during discussion the original mot
was withdrawn by Commissioner Sorensen. Motion was made by
Commissioner Sorensen and seconded by Commissioner Hernandez
directing the Director of Building, Planning and Zoning to iss
the stop order immediately and authorizing the County Attorney
and the Director of Building, Planning and Zoning to negotiate
with the Developer under the terms described in the letter of
intent submitted by the Attorney representing the Developer da
(February 19, 1982. Roll call vote was taken and carried
junanimously.
At this point in the meeting there was a motion made
by Commissioner Sorensen and seconded by Chairman Dolezal to
continue the meeting until 7:30 P.M. Motion carried unanimous
n
�d
The County Attorney briefly discussed the stock
Television.
transfer of the Tele Media Company. This was for the Board's
information only. No action was taken. This item was
referred to the next agenda in two (2) weeks.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
The County Administrator's Report was next. A
Travel;
Zoning.
motion was made by Commissioner Hernandez and seconded by Com-
missioner Blair to approve travel for Herman Stein for the
months of August through December, 1981. Motion carried
unanimously.
Motion was made by Commissioner Harvey and seconded
Licenses &
Permits.
by Commissioner Hernandez to waive the fees for the Elks Club
for a circus. Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded
Licenses &
Permits.
by Commissioner Hernandez to waive the Occupational License
fees for a flea market for the American Legion. Motion carried
unanimously.
Motion was made by Commissioner Hernandez and secon-
Budget;
ded by Commissioner Sorensen to appropriate the aim of $500.00
out of Contingency to support the Special Olympics Program.
Motion carried unanimously.
Motion was made by Commissioner Blair and seconded
Bids &
Proposals;
by Commissioner Harvey to accept the low proposal of Seaview
Airport;
Bldgs. &
Construction in the amount of $1,054.40 for the installation of
Grounds.
doors at the Marathon Airport Terminal. Motion carried
unanimously.
Motion was made by Commissioner Hernandez and seconde9
by Commissioner Harvey to accept the low proposal of Summerland
092 X
Bids & Electric for electrical work at Key West International Airport
Proposals;
Airport; in the amount of $9,400.00. The County Administrator advised
Bldgs. &
Grounds. the Board that this was an emergency situation. Motion carried
unanimously.
Budget; Motion was made by Commissioner Hernandez and
CETA Empl. seconded by Commissioner Sorensen to appropriate from Contin-
gency the sum of $3,373.84 for the payment to the South
Florida Employment and Training Consortium for the settlement
of the claim by Thomas Yerba. Motion carried unanimously.
Motion was made by Commissioner Hernandez and secon-
ded by Commissioner Sorensen to approve all of the above items
approved by the County Administrator. Motion carried unani-
mously.
At this point Commissioner Hernandez left the meetin .
Zoning; An item concerning a request from the Department of
Airport;
Fed. Agency the Navy concerning AICUZ area was postponed for two (2) weeks
].
Library; Motion was made by Chairman Dolezal and seconded by
Budget.
Commissioner Harvey to transfer from Contingency the sum of
$700.00 to pay for travel for the Director of the Library and
the Chairman of the Library Board to Tallahassee for Library
Day. During discussion a motion was made by Commissioner
Sorensen and seconded by Commissioner Blair to postpone this
item for two (2) weeks. Motion carried unanimously.
11
Jail. Mr. Proby advised the Board that the Jail was being
inspected today. He also advised the Board of the pending
Legislation concerning the additional half cents Sales Tax to
Legislatio come to the County and also the possible condition which would
Millage. 11 freeze the County's Millage at the rates during the current
fiscal year. No action was taken.
Elections, Commissioner Harvey discussed pending Referendums
Sp. & Mis.
(Referendu . in the Tax Districts. No action was taken.
Motion was made by Commissioner Blair to adjourn.
Motion died for lack of a second.
Lease, Co. The Board briefly discussed the Avis Lease at the
Property;11
Airport. Key West International Airport. Motion was made by Commission
Blair and seconded by Chairman Dolezal to postpone this item
for two (2) weeks. Motion carried unanimously.
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OFFICIAL CORRESPONDENCE
Sheriff Freeman was requesting authorization to
withdraw $607.50 from the Law Enforcement Trust Account for
payment of Invoice from Redlaw Corporation. This item was
withdrawn.
A motion was made by Commissioner Sorensen and
seconded by Chairman Dolezal to adjourn the meeting and
continue all unfinished items until the next regular agenda
in two (2) weeks. Motion carried unanimously.
The following items were carried over:
H-4 Commissioner Blair to report on Cabinet Meeting.
L-2 Supervisor of Elections letter concering County
Canvassing Board.
►—
Sheriff.
Legislation
Elections,
Sp. & Mis.
(Referendum