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03/22/1982 Regular x 109 Regular Meeting Board of County Commissioners Monday, March 22, 1982 Key West, Florida A regular meeting of the Board of County Commission- ers convened on the above date. Present and answering to roll - call were Commissioner Curt Blair, Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez, Jr., Commissioner Ken Sorensen, and Chairman George E. Dolezal. Also present were Danny L. Kolhage, Deputy Clerk; Lucien proby, County Attorney; Kermit Lewin, County Administrator; members of the Consulting Engineering Firm; members of the Press and Radio; and general public. All stood for the Invocation and Pledge of AllegiancE to the Flag. The Chairman discussed the Board vacation dates. Commis- sioners. After considerable discussion it was agreed and the Chairman announced that the meeting of June 14, 1982 would be eliminated for the purpose of vacations of Board Members. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS The Board discussed Item H-4 concerning a proposed Ordinance new Crawfish Trap Ordinance. After considerable discussion there was a motion made by Commissioner Harvey and seconded by Commissioner Sorensen to appoint a committee of interested persons representing all sides of this issue to review the proposed ordinance along with the County Attorney and make a recommendation to the Board. During discussion the Chairman ruled this motion out of order since he was the original sponsor of the item on the agenda and he had asked that it be deleted. Commissioner Sorensen then challenged the ruling of the Chair. Roll call vote was taken on the challenge to the - Chair as follows: Commissioner Blair Commissioner Harvey Commissioner Hernandez Commissioner Sorensen Chairman Dolezal Yes Yes Yes Yes No Said vote over-ruled the Chair and the motion as originally stated was back on the floor for consideration. The following is the roll call on the original motion: ~x Appoint- ments. Elections, Sp. & Misc (Referendu ). Contracts Agreements Retired Persons; Grants, Fe . Funds. Contracts Agreements Airport. Contracts Agreements Airport. Commissioner Blair Commissioner Harvey Commissioner Hernandez Commissioner Sorensen Chairman Dolezal Yes Yes Yes Yes Yes Motion carried unanimously. Motion was then made by Commis- sioner Sorensen and seconded by Commissioner Hernandez to al- low each Commissioner to appoint a member to the committee referred to in the foregoing motion. Roll call vote was taken and carried unanimously. Motion was then made by Commissioner Hernandez and seconded by Commissioner Sorensen to allow the appointment by the Commissioners of their member in two (2) weeks. Roll call vote was taken and carried with Chairman Dolezal voting no. Motion was made by Commissioner Blair and seconded by Commissioner Harvey to approve the following items by unanimous consent: LEGAL DEPARTMENT Board adopted the following resolution amending Resolution No. 47-19 concerning Special Referendum Election held on March 9, 1982 for MSD No.6. RESOLUTION NO. 102-1982 See Res. Book No. 27 which is incorporated herein by reference Board adopted the following resolution authoriz ing the Chairman of the Board of County Commissionerf to execute an Agreement by and between the Board of County Commissioners and Harry's Place, Inc., for the purpose of providing meals to senior citizens participating in the Older Americans Act Title III-C Nutrition Program. RESOLUTION NO. 103-1982 See Res. Book No. 27 which is incorporated herein by reference Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between the Board of County Commissioners and Five 6-6666 Cab Co., for the rendering a tour pickup service at the Key West International Airport. RESOLUTION NO. 104-1982 See Res. Book No. 27 which is incorporated herein by reference. Board adopted the following resolution authoriz ing the Chairman of the Board of County Commissioners to execute an Agreement by and between the Board of County Commissioners of Monroe County and Buggy Bus, Inc., d/b/a Old Town Trolley for rendering a tour pickup service at the Key West International Airport. RESOLUTION NO. 105-1982 See Res. Book No. 27 which is incorporated herein by reference. X 111 Board adopted the following resolution incorporating a biological assessment into the records concerning the application of Paul Slabough proposing the construction of a bulkhead along a residential, open water shoreline per staff recom- mendation. Zoning. RESOLUTION NO. 106-1982 See Res. Book No. 27 which is incorporated herein by reference Board adopted the following resolution repeal- Budget. ing Resolution No. 24-1982 and providing for receipt of unanticipated funds from other governmental agencies. RESOLUTION NO. 107-1982 See Res. Book No. 27 which is incorporated herein by reference Board adopted the following resolution concern- Budget. ing receipt of unanticipated funds from other governmental agencies. RESOLUTION NO. 108-1982 See Res. Book No. 27 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Board approved payment to All State Engineering and Testing Consultants, Inc., in the amount of $1,096.00 for professional services rendered. Board approved the Florida Keys Aqueduct's offer to run a 2-inch line from the new water line on the new 7-Mile Bridge to the old water line on thE old bridge at the north end of the old bridge and the University of Miami has agreed to maintain the old water line to Pigeon Key as long as they are the leasee of Pigeon Key and at the expiration of their lease, or at any time that the County regains possession of Pigeon Key, the County will take over the maintenance. - Board approved final payment in the amount of $6,053.87 to Pinewood Enterprises for waterline at Cudjoe Key per proposal of January 12, 1982. Board authorized the purchase of another Sway- car at a cost of $7,050.00 for the Public Works Department. Board authorized $500.00 to the Key Largo Elementary School for Safety Patrol to travel to Washington, D. C., with funds to come from either the Commissioners Discretionary Fund or Contingency. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Board approved the following Warrants for March, 1982: WAR RAN T S -------- General Revenue Fund, #4917-5563, in the amount of $1,097,783.49. General Revenue Fund, Boulevard Bank, #39, in the amount of $17,863.00. Budget; Co. Eng. Aqueduct; Bridges ~ Culverts; Lease, Cc Property. Bids & Proposalf Aqueduct; Budget. Machinerj & Equip.; Budget. Commis- sioners; Budget. Budget. 1.1.2 X General Revenue Fund, Marathon Bank, #16, in the amount of $42,137.55. General Revenue Fund, First American Bank, #16, in the amount of $31,057.98. General Revenue Fund FRS, #72-74, in the amount of $70,379.52. Supplement to the General Revenue Fund, #64-65, in the amount of $17,941.44. Fine & Forfeiture Fund, #149-152, in the amount of $13,347.01. Road & Bridge Fund, #121-123, in the amount of $25,160.98. Airport Revenue Fund, #71-73, in the amount of $50,919.06. Airport Operation & Maintenance Fund, #70-71, in the amount of $6,949.67. Airport Development & Replacement Fund, #23, in the amount of $100,000.00. Law Library Fund, #52-53, in the amount of $156.25. Card Sound Bridge Revenue Fund, #81-83, in the amount of $28,262.97. MSD Tax District, #214-223, in the amount of $368,633.48. Workmens Compensation, #231-235, in the amount of $46,622.65. Capital Project Fund, #8-11, in the amount of $46,132.42. Commis- sioners. Board approved Minutes for the month of February, 1982. Board approved payment in the amount of $845.89 to the Florida Upper Keys Chamber of Commerce out of Advertising Budget. Board approved payment to Mullin, Connor and Rhyne, P.C., in the amount of $1,336.54 on the Trans la t or Sui t. Budget; Advertisin . Budget; Television Suits, af- fecting Co Elections, Sp. & Misc , (Referendu ). Board acknowledged receipt of the Certificate of County Canvassing Board from the returns of the Monroe County Special Referendum Election in Distri~ No.6, held on March 9, 1982 as follows: Proposal No. 1 - Should Monroe County levy property in fiscal year 1982-83 in District No. 6 of approximately 27~ per each $1,000 of assessed value of real property to purchase one Quick Attack Rescue Pumper and associated and/ or related equipment? Yes - 261 Votes No 44 Votes Proposal No. 2 - Should Monroe County levy property taxes in fiscal year 1982-83 in District No.6 of approximately 9~ per each $1,000 of assessed value of real property for refurbishing and remounting an existing modular patient compartment onto a new 1982 Cabin Chassis? Yes - 244 Votes No 52 Votes Motion carried unanimously. OFFICIAL CORRESPONDENCE Sheriff; Next the Board heard from Sheriff Freeman regarding several programs in his office. Motion was made by Com- missioner Hernandez and seconded by Commissioner Harvey to X 113 authorize the expenditure of funds to implement the data processing program for the Sheriff's Department and utlize the Clerk's Office Computer as recommended by the Clerk. Motion carried with Commissioners Blair and Sorensen absent. Motion was made by Commissioner Hernandez and seconded by Commissione - County Clerk. Harvey to approve the following Budget Transfers and Amendment! :Sheriff; Budget. 1. That funds in the amount of $35,000.00 be trans ferred from Expenses Other than Salaries, Account No. 43-44 to Equipment, Account No. 45. 2. That the items in the budget of the Sheriff for the fiscal year 1981-82, as a result of the above transfer, be amended as follows: A. B. Salary of the Sheriff Salaries of Deputies & Assistants Matching Funds Expenses Other Than Salaries Equipment Investigations Contingencies Salary Incentive TOTAL $ 34,284.00 C. D. 2,947,495.00 589,756.00 E. F. G. H. 1,688,800.00 469,789.00 33,000.00 55,000.00 55,000.00 $5,873,124.00 Motion carried unanimously with Commissioners Blair and Sorensen absent for roll call. Sheriff; Motion was made by Commissione Budget. - Harvey and seconded by Commissioner Hernandez to authorize the Sheriff to implement program for the furnishing of clothing and shoes for prisoners to be funded out of the Sheriff's current budget in order to comply with State Rules and Regu- lations FAC-33-8. Motion carried unanimously with Commissione s Blair and Sorensen absent. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to authorize the Sheriff to modify the communications room and adjacent area at the Marathon Substation with funds to come out of his cur- rent budget for materials and labor being supplied by depart- ment personnel. Motion carried unanimously with Commissioners Blair and Sorensen absent. Motion was made by Commissioner - Hernandez and seconded by Commissioner Harvey to adopt the following resolution authorizing the Sheriff to execute a leasE for office and storage space with the United States Postal Service for $1.00 per year for use of their property on the corner of Fleming and Whitehead Streets, Key West and authoriz ing the expenditure of funds from the Sheriff's Budget in the furtherance of this lease. Motion carried unanimously with Sheriff; Communi- cations; Budget. Sheriff; Federal Agency; Contract: & Agree; Bldgs & Grounds; Budget. 114 X Sheriff; Budget. Licenses & Permits. Bids & Proposals; Bridges & Culverts. Commissioners Blair and Sorensen absent. RESOLUTION NO. 109-1982 See Res. Book No. 27 which is incorporated herein by reference Motion was made by Commissioner Sorensen and secon- ded by Commissioner Hernandez to postpone an item concerning discussion of the Sheriff's Management Study until June 28, 1982 at the beginning of Budget Sessions. During discussion Commissioner Harvey offered an amendment to refer this item to a committee to be appointed who will meet with the Sheriff and the County Administrator prior to budget time. The amend- ment was accepted by the makers of the motion. The Chairman appointed Commissioners Harvey, Hernandez and Sorensen to serve on the committee. Motion carried unanimously with Commissioner Blair absent. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Next item was approval of a renewal of a Concealed Weapons Permit for Neil Jeffrey Goldberg. Motion was made by Commissioner Hernandez to approve the renewal of the permit. During discussion a motion was made by Commissioner Harvey to postpone this item for two (2) weeks. Commissioner Sorensen seconded the motion. During discussion Commissioner Sorensen withdrew his second. Motion was then made by Commissioner Hernandez to approve the renewal of the permit. No second was received. Motion was made by Commissioner Harvey and secon- ded by Commissioner Blair to extend the permit for an addition al 30 days. Roll call vote was taken and carried with Com- missioner Sorensen and Chairman Dolezal voting no. OPENING OF BIDS Next item was the opening of sealed bids for Monroe County Bridge Replacement (Bypass), Copa D'Ora Bridge. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to authorize the Clerk to open the bids. Motion carried unanimously. The following bids were received: Upper Keys Marine Construction, Inc. P. O. Box l8AAA Key Largo, Florida 33037 $210,575.00 Alonzo Cothron, Inc. Rt #1, Box 55B Islamorada, Florida 33036 $243,291.00 X 115 Frank Keevan & Son, Inc. 2nd Street, Stock Island Key West, Florida 33040 $222,290.00 Hardaway Constructors, Inc. P. O. Box 3175 Marathon Shores, Florida 33052 $296,964.00 Motion was made by Commissioner Blair and seconded by Com- - missioner Hernandez to refer the bids to staff and the Con- suIting Engineers. Motion carried unanimously. Motion was then made by Commissioner Harvey and seconded by Commissioner Hernandez instructing staff to thoroughly study the bids and meet with the low bidder if same is disqualified due to not meeting specifications. Motion carried unanimously. Next item was the opening of sealed bids for Monroe County Bridge Replacement (Bypass), Yellowtail Bridge. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey authorizing the Clerk to open the bids. Motion carried unanimously. The following bids were received: Upper Keys Marine Construction, Inc. P. O. Box l8AAA Key Largo, Florida 33037 $132,785.00 Alonzo Cothron, Inc. Rt #1, Box 55B Islamorada, Florida 33036 $143,801.00 Frank Keevan & Son, Inc. 2nd Street, Stock Island Key West, Florida 33040 $123,51.1l.00 Hardaway Constructors, Inc. P. O. Box 3175 Marathon Shores, Florida 33052 $174,968.00 Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to refer the bids to staff and the Con- suIting Engineers for a report back to the Board. Motion carried unanimously. The Board then opened sealed bids for the installa- - tion of traffic light and roadway striping, Card Sound Road and C-905. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Com- missioner Harvey to authorize the Clerk to open the bids. The following bids were received: Whitehurst & Daniel, Inc. P. O. Box 970 Homestead, Florida 33030 $19,944.00 Bids & Proposalf Bridges t Culverts. Bids & Proposal: Lights & Signs; Roads, Misc. 1.1.6 X Bids & Proposals; Co. Fire & Amb. Corps Machinery& Equipment. Bids & Proposals District; Machinery Equipment Mike Hunter, Inc. P. O. Box 3401 Tampa, Florida 33601 $16,551.00 Southeastern Electric Services, Inc. 16101 N.W. 57th Avenue Miami, Florida 33014 $14,823.00 Georgia Electric Co. 7221 East Buffalo Avenue Tampa, Florida 33619 $17,800.00 Motion was made by Commissioner Hernandez and seconded by Com- missioner Blair to refer the bids to staff and the Consulting Engineers for a report back to the Board. Motion carried unanimously. Next item was opening of sealed bids for the refur- bishment of three (3) 1969 Ford Central Pumpers. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to authorize the Clerk to open the bids. The following bids were received: Gator Emergency Vehicles, Inc. 1127 Seminole Street Clearwater, Florida 33515 $67,570.00 Biscayne Fire Equipment Co., Inc. 2950 N.W. 7th Avenue Miami, Florida 33127 $74,880.00 First Response, Inc. P. O. Box 2205 New Smyrna Beach, Florida 32069 No Bid Motion was made by Commissioner Blair and seconded by Com- missioner Hernandez to refer the bids to staff to review for a report back later in the meeting. Motion carried unanimously. Next was the opening of sealed bids for one (1) 1982 Automobile for the Municipal Service District. Proof of publication was entered into the records. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to authorize the Clerk to open the bids. The following bids were received: Dolphin Ford, Inc. 9000 N.W. 7th Avenue Miami, Florida 33150 $7,646.30 Hayden/Chew - Flamingo Ford 30725 S. Federal Highway Homestead, Florida 33030 $6,767.84 Duncan Ford, Lincoln-Mercury 1618 Roosevelt Blvd. Key West, Florida 33040 $6,938.00 X 117 Motion was made by Commissioner Hernandez and seconded by Com- missioner Sorensen to refer the bids to staff for review and a report back later in the meeting. Motion carried unanimously. AWARDING OF BIDS Next item was the awarding of bid for one (1) 1982 - Conventional Station Wagon for Monroe County Emergency Services Coordinator. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to award the bid to Duncan Ford, Lincoln-Mercury in the amount of $9,818.32 per staff recommendation. Motion carried unanimously. OPENING OF BIDS Next the Board opened sealed proposals for refurbish- ment of the Airport Lounge at the Key West International Air- p or t . Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to authorize the Clerk to open the pro- posals. Motion carried unanimously. The following proposals were received: General Painting Key West, Florida 33040 $42,315.05 Manley DeBoer 3509 Eagle Avenue Key West, Florida 33040 $38,800.00 Lighthouse Construction 629 William Street Key West, Florida 33040 $28,033.73 McKillip Construction Co. Stock Island Key West, Florida 33040 $37,133.00 Seaview General Construction Stock Island Key West, Florida 33040 Time & Materials plus 30 % Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to refer the bids to the Airport Con- sultants and the Airport Manager for a report back to the Board - later in the meeting. Motion carried unanimously. UNFINISHED BUSINESS Bids & Propos al! Co. Fire & Amb. Corp; Machiner; & Equip. Bids & Proposal: Airport; Bldgs & Grounds. Next item was the appointment to the Key West Redevo{ Appoint- ments. ment Agency. Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to appoint Mr. Charles Major to this Board. During discussion the motion was withdrawn. Com- missioner Sorensen then nominated Mr. Charles Major. Commis- sioner Blair nominated Mr. Fred Shaw. During discussion 118 X Airport; Leases, Co Property. Co. Empl. Commissioner Blair withdrew his nomination. Roll call vote was taken on the motion to appoint Mr. Major and carried unanimously with Commissioner Blair out of the room during roll call. The County Administrator was instructed to send a plaque or letter to Mr. Fred Shaw for a job well done during his term as the County's appointee on the Key West Redevelop- ment Agency Board. Motion carried unanimously. Motion was made by Commissioner Sorensen and secon- ded by Commissioner Blair to strike from the agenda an item concerning an oral report on the Marathon Airport Leases. Motion carried unanimously. Commissioner Harvey discussed a program of merit recognition for services rendered. No action was taken. Budget; Motion was made by Commissioner Blair and seconded Waste ColI & Disp. by Commissioner Sorensen to authorize payment of $59,442.01 to Co. Tax ColI & Assessor; Elections, Presiding Officer; Bldgs. & Grounds. R. W. Taylor Steel Co., on the Incinerator Project. Commis- sioner Sorensen withdrew his second. Commissioner Hernandez then seconded the motion. During discussion a motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to postpone this item for two (2) weeks. Roll call vote was taken and carried with Chairman Dolezal voting no. The Board recessed for lunch at this time. Regular Meeting Re-convened The regular meeting re-convened with all Commissione s and staff present. The Board discussed additional space for the Tax Collector, Property Appraiser and the Supervisor of Elections in the Upper Keys (Plantation/Key Largo area) and the pos- sibility of leasing the Post Office building in the Upper Keys for $900.00 to $1,009.00 per month. The Board heard from Mr. Knight, Tax Collector and also from Mr. Higgs, Property Appraiser on this matter. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez authorizing the three (3) Constitutional Officers along with Commissioner Sorensen and Chairman Dolezal to negotiate a lease and bring Contracts ~ AgreementE it back to the Board and Mr. Stickney was instructed to have cost estimates for refurbishment of the building at the next x 119 meeting. Roll call vote was taken and carried unanimously. At this time a motion was made by Commissioner Blair and seconded by Chairman Dolezal to recess the regular meeting in order to hold a Housing Finance Authority Meeting. Motion carried unanimously. Regular Meeting Re-convened The regular meeting re-convened with ~ll Commissioner and staff present. Next the Board discussed a resolution concerning the Artificial Reef Project. The Board heard from Mr. Ray Allen, Attorney, representing the Florida Keys Artificial Reef Association. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to adopt the proposed resol- ution designating the Florida Keys Artificial Reef Association as the official organization in the County of Monroe respon- sible for artificial reef construction, establishing liasion officer and restablishing an advisory.committee. Dr. Arthur Weiner also addressed this issue. During discussion of the resolution the word "official" was removed from the resolution. Roll call vote was taken on the motion to adopt the proposed resolution and failed with Commissioners Blair, Harvey and Chairman Dolezal voting no. Motion was then made by Com- missioner Blair to refer the item back to the Attorney. Motion died for lack of a second. The Board discussed recreational facilities at Harry Harris Park. Mr. Stickney advised the Board that he was in receipt of proposals for four (4) dugouts from the following: Monroe Construction Co. P. O. Box 1118 Tavernier, Florida 33070 $10,000.00 - C & E Construction Co. P.O. Box 6 Tavernier, Florida 33070 $ 8,000.00 Motion was made by Chairman Dolezal and seconded by Commissione Blair to authorize an expenditure up to $8,000.00 for improve- ments to the park. Motion carried unanimously. Mr. Stickney recommended the job be awarded to the low proposal of C & E Construction Co. Boards, Misc. Boards, Misc. Parks; Recrea- tion; Bids & Proposal Budgets. LEGAL DEPARTMENT Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to approve the Upper Keys Airport Site Airport. Selection Study. Motion carried unanimously. 120 X Board of Appeals. Board of Appeals BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals to hear three (3) Appeals. Proof of publication was entered into the records. The first appeal heard was Tom's Harbor Committee who were requesting that the Monroe County Board of County Commissioners reverse the decision of the Monroe County Board of Adjustment in their denial of an Administrative Appeal, as outlined under the provisions of Section 19-78 of the Monroe County Code. Tom's Harbor Keys are administratively TO WIT: defined as isolated islands in the connotation of the GU Zonin Classification, whereby fishing camps are a permitted use. Mr. Edward Johnson, Attorney representing Tom's Harbor Com- mittee, the appellant, made a presentation. Mr. Jim Hendrix, Attorney representing Mr. Stander, owner of the property, also made a presentation. After lengthy discussion a motion was made by Chairman Dolezal and seconded by Commissioner Harvey to adopt the following resolution reversing the decisio of the Board of Adjustment and the ruling of Mr. Weinkham, Zoning Director. Roll call vote was taken and carried unanimously. RESOLUTION NO. 110-1982 See Res. Book No. 27 which is incorporated herein by reference Next the Board took up the appeal of Boyd Robbins, who was requesting that the Board of County Commissioners reverse the decision of the Monroe County Zoning Board in con- sideration of a zoning change from BU-2Q to BU-2B with an existing BU-2Q, on Lot 1, Block "A" of Woodburns Subdivision, as recorded in Plat Book 2, page 29 together with a strip of land being more particularly described by metes and bounds, all being located in Section 10, Township 66 South, Range 32 East, Marathon, Florida. Mr. Frank Greenman, Attorney representing Boyd Robbins, appellant, discussed the appeal. Mrs. Margaret Pierce, property owner in the immediate area objected. Dr. Robert Romine, resident of the area objected. Mr. Gene Torres, Pastor of the Seventh Day Adventist Church opposed. Mr. Boyd Robbins, owner of the property also discuss d X 121 and requested that the Board reverse the decision of the MonrOE County Zoning Board. After discussion a motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to return this matter to the Zoning Board for are-hearing to include a clarification as to the application of the four- fifth rule. Roll call vote was taken and carried unanimously. Next the Board heard the appeal of the Largo Sound Board of Appeals. Village Association who was requesting that the Monroe County Board of County Commissioners reverse the decision of the Mon- roe County Board of Adjustment in their denial of an Adminis- trative Appeal, as outlined under the provisions of Section 19 78 of the Monroe County Code. TO WIT: The Zoning Official has administratively ruled the setbacks for the construction of a single family residence on Lot 1, Block 6 of Largo Sound Village are not in violation of the Monroe County Code, where- by the Stop Work Order was lifted. Mr. James Hendricks, At- torney representing Largo Sound Village Inc. Property Owners Association, discussed the appeal and requested that the Board grant the appeal and reverse the decision of the Board of Adjustment. Mr. Lynch, President of the Largo Sound Village Property Owners Association also discussed the Appeal. Mr. Fred Tittle, Attorney representing Mr. and Mrs. Jim Marks, owners of the subject property, also discussed the appeal. After lengthy discussion a motion was made by Commissioner Sorensen and seconded by Commissioner Blair to adopt the following resolution reversing the decision of the Board of Adjustment and granting the appeal. Roll call vote was taken and carried unanimously. RESOLUTION NO. 111-1982 See Res. Book No. 27 which is incorporated herein by reference - The time being past 5:00 P.M. a motion was made Commis- sioners. by Commissioner Blair and seconded by Commissioner Hernandez to extend the meeting to the completion of the regular agenda. UNFINISHED BUSINESS The Board discussed a resolution concerning the Artificial Reef Project. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to amend 1.22 x Board, Misc.; Insurance; Bonds, Misc. Rd. Prog., 5tho.6th~ Gas Tax. County Home; Contractso. Agreements Licenses & Permits; Zoning. Ordinance; Budget. Resolution No. 93-1982 to remove the reference concerning the requirements of bonding Hold Harmless Agreements and insurance and authorizing the Attorney to prepare and the Chairman to execute said resolution. Roll call vote was taken and carried with Commissioner Blair voting no. RESOLUTION NO. 112 -1982 See Res. Book No. 27 which is incorporated herein by reference REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The Board discussed the placing of roads in 6th Addition of Key Haven on Road Priority List. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to approve the placement of roads of the 6th Addition of Key Haven on the Fifth and Sixth Cents Road Priority List at the bottom of the list. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to ratify the contracts for fo lowing clients previously in Bayshore Manor as of December 1, 1981: Mary Floriette Albury, Ina Kathleen Doty, Carrie C. Ramsey and Gertrude Vokolek. Also approve admission of the following applicants retroactive to March 17, 1982: Alice Buckley and Eloisa Park. Motion carried unanimously. Motion was made by Commissioner Hernandez and secon- ded by Commissioner Sorensen to approve a variance to the Floo Hazard Ordinance for Ruth Mitchell. Motion carried unanimous 1 . UNFINISHED BUSINESS Board discussed a letter from Municipal Code Corp., requesting an increase in the number of supplements to the code by publishing 150 at the rate of $14.00 per page. During discussion a mQ~ion was made by Commissioner Blair and secon- ded by Commissioner Harvey to authorize the expenditure for the increase in the supplements. During discussion a motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to postpone this item. Roll call vote was taken on the motion to postpone and failed with Commissioners Blair, Harvey and Chairman Dolezal voting no. Roll call vote was then taken on the original motion and carried unanimously. x~ LEGAL DEPARTMENT The Board discussed a letter from Robert S. Appleton Deeds, Co. Attorney, requesting the County execute two (2) Quit Claim Property. Deeds to certain property located on Grassy Key, Monroe County Florida. Motion was made by Commissioner Blair and seconded by Commissioner Hernandez authorizing the Chairman to execute said Quit Claim Deeds. Roll call vote was taken and carried with Commissioner Harvey voting no. The Board discussed a letter from the South Florida Water Management District requesting the County's cooperation in the implementation and enforcement of water use restriction . Motion was made by Commissioner Hernandez and seconded by Com- missioner Harvey to postpone this item for two (2) weeks. During discussion the motion to postpone was withdrawn. Motior was then made by Commissioner Blair and seconded by Commissioner Harvey authorizing the County Attorney to respond to the South Florida Water Management District indicating that the Board was not in a position at this time to proceed with their request. During discussion a motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to postpone this item for two (2) weeks. Roll call vote was taken on the motion to postpone and carried with Commissioners Blair and Harvey voting no. Motion was made by Commissioner Blair and seconded by Commissioner Sorensen to adopt the following resolution approving a petition to vacate and annul plat (Block 24 of Maloney Subdivision, Stock Island). Roll call vote was taken and carried with Commissioner Harvey voting no. RESOLUTION NO. 113-1982 See Res. Book No. 27 which is incorporated herein by reference -- Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to adopt the following resolution authorizing the County Attorney to advertise a public hearing to be held at a Plantation Key meeting concerning the petition to abandon roadway in Key Largo Beach. Roll call vote was taken and carried unanimously. RESOLUTION NO. 11~-1982 See Res. Book No. 27 which is incorporated herein by reference Aqueduct State Agency. Maps & Plats. Road Abolish- ments. 124 X Contracts Agreements Airport. Zoning. Budge t. Elections, Sp. & Mi s c (Referen- dum); Municipal Corp. Motion was made by Commissioner Hernandez and secon- ded by Commissioner Blair to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between the County of Monroe, State of Florida, and Five 6-6666 Cab Co., for the purpose of operating a taxicab service at the Key West International Airport with an amendment concerning.the use of the parking places in Section 3 of the contract. Motion carried unanim- ously. RESOLUTION NO. 115-1982 See Res. Book No. 27 which is incorporated herein by reference Motion was made by Commissioner Hernandez and secon- ded by Commissioner Harvey to adopt the following resolution incorporating a biological assessment into the records concerning the application of W. Matsinger and W. McGee pro- posing control of erosion and providing themselves with improved boat mooring facilities her staff recommendation. Roll call vote was taken and carried with Commissioner Blair and Chairman Dolezal voting no. RESOLUTION NO. 116-1982 See Res. Book No. 27 which is incorporated herein by reference Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following resolution transferring funds. Motion carried unanimously. RESOLUTION NO. 117-1982 See Res. Book No. 27 which is incorporated herein by reference The County Attorney reported on the Translator Referendum. He advised the Board that the City of Key Colony Beach had voted not to participate in the proposed Referendum and that the City of Key West had deferred action on the request that they participate in the Referendum which had the effect of denial. He also advised the Board that the Referendum was scheduled for April 27, 1982. After consider- able discussion and a presentation by Mr. Dick Akers of the Monroe County Translator Board concerning the millage referred to in the Referendum as applied to the value of the Roll minus the two (2) Municipalities of Key West and Key Colony Beach, a motion was made by Commissioner Sorensen and seconded by Chairman Dolezal directing the Translator Committee to meet X 125 with representatives of the Clerk's Office and the Property Appraiser's Office for the purpose of verifying the millage calculations prior to scheduled Referendum on April 27, 1982. Roll call vote was taken and carried unanimously with Commiss- ioner Harvey absent. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Sorensen discussed a proposed Bicycle Path in Long Key. Motion was made by Commissioner Sorensen Bldgs & Grounds; Budget. and seconded by Commissioner Hernandez authorizing the accept- ance of the sum of $6,311.00 raised by the residents of Long Key to be used for the construction of the Bicycle Path in L Key Largo and authorizing the use of County Public Works employ ees to build the Bicycle Path. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded Recrea- tion; by Commissioner Hernandez appropriating the sum of $7,500.00 to Parks; Budgets. be used for a summer recreation program at the Harry Harris Par in the Upper Keys, grades 1 through 6 authorizing the preparati n and execution by the Chairman of an inter local agreement with he school board to affect the program. Roll call carried unanimou lYe Mr. Howard Post of Post, Buckley, Schuh and Jernigan, C E O. ng; Con t. & Inc., the County's Consulting Engineering Firm, discussed their Agree. contract with the Board. He recommended that in order to elim- inate any possible hint of conflict of interest that the Board delete any references in their contract to planning services, management services and lanscape architecture. Mr. Post indica ed that, in fact, their firm had never been asked to provide any services to the County in any of these areas. The Bo~rd expres ed their opinion that the firm had done an outstanding job for the County in their roll as County Consulting Engineers. Motion wa made by Commissioner Blair and seconded by Chairman Dolezal dir ct- ing the County Attorney to prepare amendments to the Contract with Post, Buckley, Schuh and Jernigan, Inc., deleting any ref- erences to planning services, management services and landscape architecture. Roll call vote was taken and carried with Commissioner Harvey voting no. Commissioner Harvey discussed the specifications for Duck Key Bridges. After considerable discussion by Commissione he BridgeR & Culverte; Bids & Proposals Harvey and Mr. Howard Post of the Consulting Engineering Firm a mo~ion was made by Commissioner Harvey to reject all bids X 126 Commis- sioners. Budgets; Bridges & Culverts; Advertis- ing; Com- mendation State Agency; Bldgs. & Grounds. Ordinance. received on Duck Key Bridge No. 2 and re-advertise. Motion died for lack of a second. Commissioner Harvey discussed her positive voting record concerning improvements and/or projects in the ~arathon area. No action was taken at this time. Mayor Dolezal discussed contribution by the Marathon Chamber of Commerce to defray expenses mor a dedication cere- mony of the new Seven-Mile Bridge. Motion was made by Commiss- ioner Harvey and seconded by Commissioner Hernandez to authori e an amount up to $1,000.00 of the Board's Discretionary Advertis ng Funds to be used for this purpose. Roll call vote was taken an carried unanimously with Commissioner Sorensen absent. Followi g this discussion a motion was made by Commissioner Hernandez and seconded by Commissioner Harvey authorizing the purchase of the necessary plaques concerning the later Bernie C. Papy to be placed on the Seven-Mile Bridge. Motion carried unanimously. Commissioner Blair disucssed the Truman Annex propert After discussion a motion was made by Commissioner Blair and seconded by Commissioner Hernandez to adopt the following res- olution concerning the use of the Truman Annex property. Motio carried unanimously. RESOLUTION NO. 118-1982 See Res. Book No. 27 which is incorporated herein by reference. LEGAL DEPARTMENT The Board discussed an emergency ordinance making it unlawful for any person to sell, offer for sale, barter, len give, deliver, purchase or possess the projectile capable of being propelled by the action of an explosive from a handgun or pistol known as and currently sold under the brand name of "KTW further, providing that the activities prohibited and declared unlawful in this ordinance shall not be applicable to law enfor e- ment officers acting within the scope or course of their offici 1 duties or when acting at any time in the line of or performance of duty or to persons providing or furnishing the projectiles prohibited in Section 1 of this ordinance to a law enforcement officer; containing a severability clauses; and providing an effective date. After discussion a motion was made by Commissioner Hernandez an~ seconded by Commissioner Harvey X 127 declaring that an emergency exists and waiving the requirements of advertising under the provisions of Florida Statutes 125.66. Motion carried unanimously. Motion was then made by Commission er Hernandez and seconded by Commissioner Blair to adopt said emergency ordinance. Motion carried unanimously. -- ORDINANCE NO. 4-1982 See Ord. Book No. 5 which is incorporated herein by reference. The County Attorney advised the Board that the litigation concerning Edward Kite McIntyre, Case No. 80-1721- CIV-WMH, was set for a hearing on April 8, 1982 at 1:30 P.M. Commissioner Hernandez left the meeting at this time. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Suits, Affectinl Co. Next item was the County Administrator's Report. Boards; Appoint- Mr. Lewin discussed a request by the Code Review Board for the ments. appointment of two (2) additional members. Motion was made by Commissioner Blair and seconded by Chairman Dolezal to appoint Mr. Jose Gonzales, Architect and Mr. Anthony Coccoli, Mechanical Engineer to the Code Reveiw Board. Motion carried ..- unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Harvey to approve a request from the United Methodist Church for a waiver of a fee for rezoning. Motion carried unanimously. Licenses/ Permits; Zoning. Commissioner Harvey to postpone for two (2) Motion was made by Commissioner Blair and seconded by Lights & Signs. weeks a request from the Islamorada Chamber of Commerce and Mr. Henry Rosentha concerning the placement of signs. Motion carried unanimously Motion was made by Chairman Dolezal and seconded by Commissioner Blair to approve Professional Service Order, Authorization Number MSD-3 to Post Buckley Schuh and Jernigan, Inc., for Sanitary Landfill Design and Permitting Assistance r for the following landfill sites: Key Largo, Long Key, Cudjoe Key. Said payment to come from Contingency Fund. Roll call vote was taken and carried with Commissioner Harvey voting no and Commissioners Hernandez and Commissioner Sorensen absent. Motion was made by Commissioner Blair and seconded by Commissioner Harvey to adjourn the meeting and requesting that any items not taken up this day to be carried over to the Budget; Waste ColI & Disp. Commis- sioners. ~28X next agenda and that they appear in the same order that they appear on this agenda. Motion carried unanimously. l --' -rr "