Loading...
06/28/1982 Regular 1.76 X Regular Meeting Board of County Commissioners 10:00 A.M., Monday, June 28,1982 Plantation Key, Florida A regular meeting of the Board of County Commissioners convened on June 28, 1982 at 10:00 A.M., at the Governmental Center, Plantation Key, Florida. Present and answering to roll call were Commissioner Curt Blair, 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 Staff; members of the County's Engineering Firm; members of the Press and Radio; and interested citizens. All stood and recited the Lord's Prayer and the Pledge of Allegiance to the Flag. Prior to the start of the meeting, Commissioner Blair advised the Board and the public that Commissioner Hernandez and Commissioner Harvey were both absent today due to their atten- dance representing the County at the Change of Command Ceremonies in Key West. At this point the Chairman granted a point of personal privilege to Commissioner Sorensen. Commissioner Sorensen then proceeded to present a Conch Certificate to Mr. Fred Phillips of the Upper Keys. Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to approve the following items by unanimous consent. LEGAL DEPARTMENT 12 24 Board authorized Legal Department to advertise and call for bids for channel markers for Coco Plum and Key Colony Beach. 34 106 Board adopted the following resolution authorizng the Chairman of the Board to execute a Contract by and between the Area Agency on Aging for Dade and Monroe County, Inc., and the Monroe County Board of County Commissioners/Monroe County In-Home Services. 99 RESOLUTION NO. 157-1982 See Res. Book No. 28 which is incorporated herein by reference. 34 109 106 Board adopted the following resolution authorizng the Chairman of the Board of County Commissioners to execute a Contract by and between the State of Florida Department of Health and Rehabilitative Services and the Monroe County Board of County Commissioners concerning the Monroe County Social Services Transportation Program (Donor Agreement - $33,849.09). 99 RESOLUTION NO. 158-1982 See Res. Book No. ~8 which is incorporated herein by reference. Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County to execute a contract by and between the State of Florida Department of Health and Rehabilitative Services and the Monroe County Board of County Commissioners concerning the Monroe County Social Services Transportation program (Provider Agreement - $30,464.19) 34 109 106 99 RESOLUTION NO. 159-1982 See Res. Book No. 28 which is incorporated herein by reference. 34 Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Notice of Lease expiration options for Lease Agreement by and between the Board of County Commissioners and IBM for IBM Copier II located in the County Attorney1s Office. X 177 RESOLUTION NO. 160-1982 See Res. Book No. 28 which is incorporated herein by reference. 99 -- 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 of Monroe County, Florida and the Neighboorhood Improvements Association-Community Redevelopment Corp., for providing a Summer Youth Program in the City of Key West, Florida. 34 85 RESOLUTION NO.16l-1982 See Res. Book No. 28 which is incorporated herein by reference. 99 Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between Frank Keevan & Sons, Inc., and the Board of County Commissioners of Monroe County for Boating Improvement Fund Project at Cow Key Channel, Stock Island, Key West, Florida. 24 34 RESOLUTION NO. 162-1982 See Res. Book No. 28 which is incorporated herein by reference. 99 Board adopted the following resolution authorizng the Chairman of the Board of County Commissioners to execute License No. DOTFA823S0-l3070 by and between the Board of County Commissioners of Monroe County and the United States of America for the purpose of installing two (2) 4-Box VASI for RWY 09/27 Key West International Airport, Key West, Florida. 5 118 86 RESOLUTION NO. 163-1982 See Res. Book No. 28 which is incorporated herein by reference. 99 Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners to execute License No. DOTFA82S0-13060 by and between the Board of County Commissioners of Monroe County and the United States of America for space at the Key West International Airport. 5 86 118 RESOLUTION NO. 164-1982 See Res. Book No.28 which is incorporated herein by reference. 99 Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Standard Form of Agreement between owner and engineer for pro- fessional services by and between the Board of County Commissioners and BR&R Associates, Inc., Post, Buckley, Schuh and Jernigan, Inc., a Joint Venture, concerning ADAP Project 6-12-0044-03, Marathon Airport. 33 34 5 RESOLUTION NO. 165-1982 See Res. Book No. 28which is incorporated herein by reference. 99 - Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Standard Form of Agreement between owner and engineer for pro- fessional services by and between the Board of County Commissioners and BR&R Associates, Inc., Post, Buckley, Schuh and Jernigan, Inc., a Joint Venture, concerning ADAP Project No. 6-12-0037-06, Key West International Airport. 33 34 5 RESOLUTION NO. 166-1982 See Res. Book No. 28 which is incorporated herein by reference. 99 Board adopted the following resolution incorporating a biological assessment into the records concerning the application of Ronald V. Feinberg to place fill to provide two housepads. 73 18 RESOLUTION NO. 167-1982 See Res. Book No. 28 which is incorporated herein by reference. 99 Board adopted the following resolution incorporating a biological assessment into the records concerning the application of Richard A. Sarver, Jr., to construct a riprap seawall and a dock along an open water residential shoreline. 128 1.78 X 99 RESOLUTION NO. 168-1982 See Res. Book No. 28 which is incorporated herein by reference. Board adopted the following resolution incorporating a biological assessment into the records concerning the application of Stephen R. Hyer to reclaim land lost due to erosion and to protect his shoreline from additional erosion. 128 17 RESOLUTION NO. 169-1982 See Res. Book No. 2~ which is incorporated herein by reference. Board adopted the following resolution concerning receipt of unanticipated funds from sale of contraband or for- feiture evidence. -- 99 99 RESOLUTION NO. 170-1982 See Res. Book No. 28 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR 70 54 Board approved the following County Inventory Change: Inv. No. 1439-4, 1953 American LaFrance Pumper, SN# F75J3h19092, to be disposed of, outdated. 114 46 54 Board accepted recommendation of Emergency Services Coordinator, Mr. James Paros, concerning Referendums authorizing that they be held during the September 7, 1982 First Primary Election so that if approved an appropriation request can be added in the proper Districts' Budgets for ad valorem tax levies to begin in FY 1982-83: District l-C - One (1) Type III Ambulance & related and/or associated equipment - estimated cost $50,000.00. District 2 - Refurbish the 1976 Ford Water Tanker - estimated cost $75,000.00; Remount & reburbish the 1978 Chevrolet Type III Ambulance - estimated cost $25,000.00. District 5 - FY 1982-83, 1983-84, 1984-85, 1985-86, 1986-87. One (1) Aerial Truck & related and/or associated equip- ment - estimated cost $450,000.00; One (1) Quick Attack Rescue Pumper and related and/or associated equipment - estimated cost $100,000.00; Cosntruct Two (2) additional garbage bays to house the new equipment - estimated cost $200,000.00; Remount & refur- bish the 1978 Chevrolet Type III Ambulance - estimated cost $25,000.00. District 6 - Remount & refurbish the 1980 Ford Type III Ambulance - estimated cost $25,000.00. 18 86 Board waived Building Permit Fee for expansion of Big Pine United Methodist Church per staff recommendation. 17 Board approved variances to the Flood Hazard Ordinance for the following per staff recommendation: Henry Fordyce, Gilberts Motel, Venture Out, and Ocean Reef Club, Inc. Board approved payment to Beyer Funeral Home in the amount of $578.00 for pauper disposition. Board approved refund in the amount of $30.00 to W. Leon Sands due to cancellation of Permit Application per staff recom- mendation. 128 18 86 123 17 Board authorized purchase of "Tire Slayer" Machine at a cost of $7500.00 for the Municipal Service District. 70 61 54 Board authorized the transfer of 1957 International Tractor and 2,000 Gallon Tank Trailer from the Big Pine Fire Department to the Big Coppitt Fire Department (Division of Forestry) . 18 Board authorized John Noonan, Violations Inspector, Building Department, to issue Citations as provided by Monroe County Code. 34 106 Board approved for the Title XX Transportation Purchase of Services Contract for funding period of July 1, 1982 through June 30, 1983. x 179 . . , BOam ';:' r t:l..t: 'I-'I.UT I;"" It: .Jllt:r , ::. "'"""UI Budget Request for Fiscal Year 1982-83 in the amount of $9,386,674.00. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS 17 107 Board authorized donation of $500.00 to the Key West Sr. Major Softball League for expenses on trip to play in State Tournment. 17 --- Board approved expenditure of $2980.00 for repair to County Building (Commissioner Sorensen). 17 35 REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD 1982: Board approved the following Warrants for May and June, WAR RAN T S GENERAL REVENUEFUND~17276-9198, in the amount of $3,426,614.08. GENERAL REVENUE FUND, BOULEVARD BANK, #41-42, in the amount of $38,494.82. GENERAL REVENUE FUND, MARATHON BANK, #18-19, in the amount of $22,785.70. GENERAL REVENUE FUND, FIRST AMERICAN BANK, #18-19, in the amount of $88,513.70. GENERAL REVENUE FUND FRS, #84-88, in the amount of $ 113 , 803. 25 . SUPPLEMENT TO THE GENERAL REVENUE FUND, #72-76, in the amount of $73,425.57. FINE & FORFEITURE FUND, #167-172, in the amount of $631,553.77. ROAD & BRIDGE FUND, #137-146, in the amount of $857,518.41. AIRPORT REVENUE FUND, #79-81, in the amount of $28,731.05. AIRPORT OPERATION & MAINTENANCE FUND, #27-30, in the amount of $1,654.52. AIRPORT DEVELOPMENT & REPLACEMENT FUND, #27-30, in the amount of $1,654.52. 1981 IMPROVEMENT BONDS, INTEREST & SINKING FUND, #3, in the amount of $56,626.42. 1981 IMROVEMENT BOND FUND, #3, in the amount of $2,598.65. LAW LIBRARY FUND, #58-61, in the amount of $2,303.69. CARD-SOUND BRIDGE REVENUE FUND, #91-96, in the amount of $45,017.05. MSD TAX DISTRICT, #248-259, in the amount of $728,049.91. WORKMENS COMPENSATION, #274-295, in the amount of $12,566.12. CAPITAL PROJECT FUND, #19-20, in the amount of $68,875.21. TOURIST DEVELOPMENT TRUST FUND, #3-4, in the amount of 17 $809.43. MSD TAX DISTRICT #lOO-B, #86,87,88,89,90,101,102, in the amount of $9,304.34. MSD TAX DISTRICT #72, #85,86,87,88,89,90,91,102, in the amount of $112,635.18. MSD TAX DISTRICT #73, #86,87,88,89,90,101,102, in the amount of $13,049.86. MSD TAX DISTRICT #74, #86,87,88,89,90,101,102, in the amount of $10,290.25. MSD TAX DISTRICT #75, #86,87,88,89,90,101,102, in the amount of $21,943.27. MSD TAX DISTRICT #76, #86,87,88,90,91,101,102, in the amount of $25,711.58. MSD TAX DISTRICT #lOO-A, #86,87,88,89,90,101,102, in the amount of $8,677.89. MSD TAX DISTRICT #lOO-C, #86,87,88,89,90,91,101,102, in the amount of $9,520. 19. MSD TAX DISTRICT #lOO-H, #86,87,88,89,90,101,102, in the amount of $20,072.25. MSD TAX DISTRICT 500-L, #87,88,89,90,101,102, in the amount of $2,280.75. 180 X 17 117 Boara approveu 1; 1;0 IVIU I I III, t\IIY"t:, ~ IUI-'t: I for May in the amount of $1,561.25 and for June in the amount of $83.69 on the Translator Suit. 115 Board accepted the recommendations of the Monroe County Tourist Development council concerning the following Cultural Events: Tennessee Williams Fine Arts Center - $31,861.00 Tourist Development Assoc. Jazz Festival - $28,400.00 Fantasy Fest Carnival 1982 - $68,750.00 17 4 17 Board approved payment to the following from the Advertising Budget for April, 1982: Key Colony Beach Chamber of Commerce - $310.00 Islamorada Chamber of Commerce - $506.98 Stuart Newman Associates - $16,934.87 Boad approved payment of the following from the Advertising Budget for May, 1982: Stuart Newman Associates - $15,275.20 Lower Keys Chamber of Commerce - $450.00 Board approved payment of Tourist Development Council Bills for April & May, 1982: 115 17 April Billing Stuart Newman PR Prod, Print, Exp. Med i a $ 3,266.67 16,185.24 5,518.38 May Billing Stuart Billing PR Prod, Print, Exp. TV Prod. May Billing Key West Citizen 3,266.67 17 , 133. 20 3,336.25 118.27 (236. 15) 7,755.00 10,198.22 44,655.00 Stuart Newman Credit Media Radio Media Print Media Television Expenses incurred since 12-1-82 by Tennessee Williams Fine Arts Center Grand Total 6,245.35 $117,442.10 OFFICIAL CORRESPONDENCE 107 The Board was advised of the following appointments to the Sheriff's Office: Colleen Burch - March 16, 1982 Paul W. Muinch - March 29, 1982 Robert Sage - May 3, 1982 Stuart Somerville - March 1, 1982 and of the following resignations to the Sheriff's Office: Malcolm Winn - April 30, 1982 Ramon Beltran - May 7, 1982 Stuart Somerville - June 9, 1982 107 Motion carried unanimously. PUBLIC HEARINGS 93 123 The first item on the agenda was a Public Hearing on Ordinance of the County of Monroe, Florida, providing that the Code of Ordinances, County of Monroe, be amended by revising Chapter 8, ARTICLE II, Section 8-33(a), etc.-MSD. Proof of publication was entered into the records. Motion was made by Chairman Dolezal and seconded by Commissioner Sorensen to read by title only. Motion carried unanimously. Ms. Alison Fahrer briefly discussed the reason for the proposed ordinance. Board then raised several questions concerning the language as con- x ~1 tained in the ordinance. Motion was then made by Chalrman Dolezal and seconded by Commissioner Sorensen to adopt said ordi- nance. After discussion, the motion was withdrawn. Motion was then made by Commissioner Sorensen and seconded by Commissioner Blair to continue the public hearing for two (2) weeks. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Mr. Howard Cole, one of the County's representatives on the Area-Wide Agency on Aging, discussed the County and the Community Care for the Elderly Program. Mr. Cole and Mr. Mel 106 Levitt addressed the Board concerning their displeasure at the County not being able to accept all of the funds allocated to it by the Area-Wide Agency. They also briefly discussed a proposed resolution concerning negotiations of contracts with the Area-Wide Agency concerning Ageing Programs. Mr. Latorre addressed the Board and advised the Board of his Department's disposition concerning the acceptance of funds from the Area-Wide Agency. This item was referred to the County Administrator and staff for a report in two weeks. UNFINISHED BUSINESS Mr. Paros addressd the Board concerning his recommen- dations on the acceptance of bids for the refurbishment of Fire Trucks for the special districts. He recommended that Gator Emergency Vehicles Inc., is the lowest bidder who meets all requirements of the Monroe County specifications with no excep- tions. He recommended that the Board adopt resolutions allowing for the transferring of additional funds needed for the basic refurbishment; that the Board award the bid for the basic refur- bishment and Option 1 (new 1,000 gallon tank), if required, to Gator Emergency Vehicles, Inc.; and recommended that upon the awarding of the bid that a purchase order be issued for the basic refurbishment. 12 54 REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Mr. Paros discussed his recommendations as contained in his letter of June 21, 1982 regarding bids for re-chassis of Type III Ambulance. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to accept the recommendations of Mr. Paros and award the bid for the re-chassis of the 1978 Chevrolet Type III Ambulance located at the Key Largo Volunteer Ambulance Corp., Inc., Key Largo, Florida to First Response, Inc., P. O. Box 2098, New Smyrna Beach, Florida 32069, and authorizing the issuance of purchase order in the amount of $17,385.00 contingent upon the posting of a performance bond. Motion carried unanimously. 12 54 ...-- Mr. Paros discussed his recommendations for award of the refurbishments of the Fire Trucks and also the bids of Gator and Biscayne Fire Equipment Companies. Mr. Paros indicated that even though the bid of Biscayne Fire Equipment was lower, there were several exceptions to their bid and they did not meet specifica- tions. Mr. Dal Cranz of Biscayne Fire Equipment Co. discussed his bid and indicated that it was in order. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to post- pone this item for two weeks and authorizing Mr. Paros to visit Jackson Metal Company who would be doing the refurbishment work under a sub-contract with Biscayne Fire Equipment, should they be awarded the contract. Motion carried unanimously. 12 54 Mayor Dolezal discussed the Translator Board and recom- mended that they begin the process to select an attorney to represent them on the various matters that would be coming before them in the immediate future. This item was postponed for two weeks and referred to staff. 14 REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Blair briefly discussed restrictions now being placed on the Mosquito Control District concerning aerial 82 1.82 X 118 spraying. Mr. Tony Ulchar, Sr., of the Mosquito Control District addressed the Board and requested their assistance in lifting the restrictions concerning the spraying of certain insecticides in Monroe County. Motion was made by Commissioner Blair and seconded by Commissioner Sorensen to refer this matter to the County Attorney directing him to draft a resolution to be directed to the appropriate Federal Agencies asking them to move expeditiously to resolve the issue of aerial spraying in Monroe County. Motion carried unanimously. 99 RESOLUTION NO. 171-1982 See Res. Book No. 28 which is incorporated herein by reference. OPENING OF BIDS 12 16 Next item was the opening of sealed bids for the reno- vations and upgrading of Duck Key Bridge No.3. Proof of publi- cation was entered into the records. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to open the bids. Motion carried unanimously. The following bids were received: Alonzo Cothran, Inc. Rt. 1, Box 55B Islamorada, Florida 33036 $209,470.00 The Doebler Company P.O. Box 430075 Miami, Florida 33143 $176,253.00 Structural Preservations Systems Lansdowne Industrial Park 40 Alco Place Baltimore, MD. 21227 $180,100.00 Clerk advised the Board that all bids were accompanied by the appropriate bid bonds. Motion was made by Commissioner Blair and seconded by Commissioner Sorensen to refer to staff and the County Engineer's for a report back to the Board. Motion carried unanimous ly. 12 95 The Clerk addressed the Board concerning sealed bids for one (1) Bituminous Distributor with Hydrostatic Transmission mounted on motorized chassis. Proof of publication was entered into the records. The following bid was received: H. F. Mason Equipment Corporation, 7802 N.W. 103rd Street P. O. Box 2247 Hialeah, Florida 33012 $ 41,484.00 plus options Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to refer the bid to Mr. Stickney for a report back to the Board. Motion carried unanimously. The Clerk addressed the Board concerning sealed bids for one (1) new 8-12 Ton 3-Wheel Diesel Power Roller or Diesel Tandem Roller. Proof of publication was entered into the records. The following bids were received: 12 95 DeWind Machinery Co. 4310 Northwest 10th Avenue Fort Lauderdale, Fla. 33307 8-12 Ton Roller $50,881.00 H.F. Mason Equpment Co. 7802 N.W. 103rd Streeet Hialeah, Fla. 33012 8-12 Ton Tandem Roller Alternate $39,240.00 $32,500.00 Linder Industrial Machinery Co. 3645 N.W. North River Drive Miami Springs, Fla. 33166 8-12 Ton Tandem Roller 3-Wheel Roller $35,000.00 $48,500.00 X 183 t"lur'IUd-ueur-Yld IrdCl-Ur \.-u., Inc. P.O. Box 600190 No. Miami Beach, Florida 33160 8-12 Ton Diesel Tandem Roller $36,500.00 .......-,,_.'t, Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to refer the bids to staff for a report back to the Board. Motion carried unanimously. ~" The Clerk addressed the Board concerning the bids for one (1) 1982 Heavy-Duty Diesel Powered Dump Truck. Proof of publication was entered into the records. The following bids were received: 12 95 Rechtien International Trucks, Inc. 7227 N.W. 14th Avenue Miami, Florida 33166 $41,181.50 Bay Truck Sales, Inc. P. O. Box 5032 Tampa, Florida 33675 $39,726.88 $42,288.00 $42,788.00 $43,288.00 Duncan Ford, Lincoln-Mercury 1618 Roosevelt Blvd. Alternate Key West, Florida 33040 Alternate Motion was made by Commissioner Blair and seconded by Commissioner Sorensen to refer the bids to staff. Motion carried unanimously. The Clerk addressed the Board concerning sealed bid for one (1) Motor Fire Apparatus (Quick Attack Rescue Pumper). Proof of publication was entered into the records. The Clerk advised the Board he was in receipt of one (1) bid from the following: Emergency One, Inc. 1701 S.W. 37th Avenue Ocala, Florida $19,455.00 Motion was made by Commissioner Sorensen and seconded by Commissioner Sorensen to refer the bid to staff. Motion carried unanimously. 54 12 LEGAL DEPARTMENT The County Attorney, Mr. Lucien Proby, discussed the outcome of the Claims Bill and also the alternative Bills con- cerning Monroe County's position with the new Sales Tax Legislation and the Sheriff's Budget as amended by the Cabinet. He also briefly discussed the litigation concerning the State mandates. No action was taken. 103 76 107 At this time the Board recessed for lunch. Regular meeting Re-convened 2:00 P.M. The regular meeting of the Board of County Commissioners reconvened at 2:00 P.M. The full Board was now present in addi- tion to County staff that was present earlier. UNFINISHED BUSINESS Next the Board continued a public hearing on a road abandonment on a portion of Key Largo Beach. Proof of publica- tion was previously entered into the records. Commissioner Harvey discussed the abandonment and indicated that she was opposed to the Board abandoning any roadways in Monroe County. Motion was made by Commissioner Harvey to disapprove the request for abandonemnt. Motion died for lack of a second. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following resolution authorizing the aban- donment and the consideration of the sum of $5,500.00 which was the highest appraisal of the subject property. Roll call vote was taken and carried with Commissioner Harvey voting no. 93 121 RESOLUTION NO. 172-1982 See Res. Book No. 28 which is incorporated herein by reference. 99 184 X UNr INDHtU BU;)TNt;);) 93 121 Next item was continuation of a public hearing on a petition to abandon a portion of a roadway in Matecumbe Beach. Proof of pUblication was previously entered into the records. The Clerk advised the Board that he was in receipt of amended legal descriptions for the property sought to be abandoned and also new appraisals as follows: A. F. Jerry Egan Betty Bullock $3,500.00 $3,500.00 Mr. Fred Tittle, representing the petitioners, addressed the Board. Mr. Harold Russell, property owners in the area, also addressed the Board concerning the request by the petitioners. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to postpone this item for two (2) weeks. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD 77 Commissioner Sores en discussed a situation concerning the recent resignation of Mr. Richard Sherrill of the Islamorada Branch Library. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez directing the County Administrator to reinstate Mr. Richard Sherrill immediately to his full position in the Islamorada Branch Library. Roll call vote was taken and carried with Commissioner Harvey and Chairman Dolezal voting no. Motion was then made by Commissioner Blair and seconded by Commissioner Sorensen to instruct the County Attorney to draft an ordinance which would provide for the establishment of locally constituted Library Boards for each Branch. During discussion Commissioner Hernandez offered an amendment to provide a copy of the ordinance to the Library Board for their input. This amendment was accepted by the original makers of the motion and incorporated herein. Roll call on the motion as amended was taken and carried unanimously. LEGAL DEPARTMENT 58 34 Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to adopt a resolution authorizing the Chairman of the Board to execute a Project Agreement by and bet- ween the Florida Department of Natural Resources and Monroe County, Florida, for the Project known as #6-82-23-1, Monroe County Commission Artificial Reef. During discussion the motion was withdrawn. 86 18 Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to waive the electrical permit fee for the Church of the Nazarene. Roll call vote was taken and carried unanimously. UNFINISHED BUSINESS 5 Mr. Hal Callgihan of The Hertz Corp., discussed his letter of April 2, 1982 with the Board, requesting space at Key West International Airport to operate a car rental business. 75 5 Mr. John Bigler, Attorney representing Avis, addressed the Board concerning their desire to re-negotiate the lease at the Key West International Airport which is about to expire. Mr. Charles Riggs, the local operator of Avis at Key West International Airport, addressed the Board concerning possible problems which would arise if more than one (1) car rental agency were to attempt to operate from the Key West International Airport at the present time. Mr. Jerry Surkey, Operations Manager for Avis Corp., also addressed the Board and advised the Board that he was enpowered to make an offer of a minimum of $30,000.00 per year revenue to the County over a five (5) year period. Ms. Nancy Davis, of Alamo Car Rental, addressed the Board and advised the Board that they also were requesting space at the Key West International Airport. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to renew the lease with Avis at the Key West International Airport for an additional two (2) year period effective September 1, 1982 X 185 with an amendment that would provide for a mlnlmum annual fee of $30,000.00 and with the proviso that an additional year be granted Avis should the terminal renovations not be completed within the two (2) year period of time; also all other terms and conditions same as in the existing lease and authorizing the Chairman to execute same. Roll call vote was taken and carried with Commissioner Blair and Chairman Dolezal voting no. LEGAL DEPARTMENT - Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Project Agreement by and between the Florida Department of Natural Resources and Monroe County, Florida, for the Project known as #6-82-23-1, Monroe County Commission Artificial Reef. Motion carried unanimously. 58 34 RESOLUTION NO. 173-1982 See Res. Book No. 28 which is incorporated herein by reference. 99 REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to approve renewal of Concealed Weapons Permit for Neil Jeffery Goldbberg. Roll call vote was taken and carrried with Commissioner Sorensen and Chairman Dolezal voting no. 124 Motion was made by Commissioner Blair to waive the 5:00 P.M. time limitation for the conduct of the meeting. The motion was seconded by Commissioner Hernandez and carried unanimously. 31 Hearing. The meeting recessed in order to hold a Board of Appeals Board of Appeals Hearing The Board of County Commissioners sat as the Board of Appeals. The full Board was present along with County staff. The following was heard: 13 Ms. Pat Fry, requested the Monroe County Board of County Commissioners to 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. TO WIT: The issuance of a building permit to construct a single family residence on Lot 11, Block 2 of Bucanneer Point Subdivision, is an violation of the setback requirement of Section 19-194 (e)(12) of the Monroe County Code. Proof of publication was entered into the records. - Ms. Pat Hopkins Fry addressed the Board concerning the appeal. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to table consideration of the appeal and directed Mr. Lessler, Director of Zoning, to examine the shore- line in question at Buccanneer Point Subdivision and make a report back to the Board; also waiving the fee and authorizing the refund of the appeal fee to Ms. Fry. Roll call vote was taken and carried unanimously. The regular meeting reconvened at this time. REQUEST TO ADDRESS THE BOARD Mr. Norris Spencer addressed the Board concerning the proposed use of Rodriguez Key for habitat for rhemus monkeys. Mr. James Hendricks, Attorney representing Mr. Spencer and other property owners in the area, addressed the Board and discussed a proposed resolution which would designate Rodriguez Key as a major development area. During discussion Mr. Lewin advised the Board that Rodriguez Key had already been declared a major deve- 128 1St; X 27 40 75 27 35 99 128 95 12 lopment area in the past. Mr. Hendric~s then addressed the Board and withdrew his request for the adoptlon of a proposed resolu- tion and requested that the Board take administrative notice of a prior designation of Rodriguez Key as a major development area. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to table consideration of this matter and directing Mr. Lessler and Mr. Lewin to present the documentation to support the prior designation of Rodriguez Key as a major development area. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following items: Board approved execution of Quit Claim Deed to the City of Key West for parcel of land in Block 2, Key Estates as recorded in Plat Book 3 at Page 101 of the Public Records to be used for pump station "E" in the City's Sanitary Sewer Program. Board adopted the following resolution authorizing the Chairman of the Board to execute a Lease Agreement by and between the City of Key West and the County of Monroe for parking lot at the Public Service Building on Stock Island. RESOLUTION NO. 174-1982 See Res. Book No. 28 which is incorporated herein by reference. Motion carried unanimously. Next item was a letter from Roger A. Bridges P.A., concerning Major Development Project on Windley Key. Prior to discussion of this issue Commissioner Sorensen questioned the County Attorney as to whether or not the County had prejudiced itself by the passage of a prior resolution concerning the Windley Key Quary property. The County Attorney indicated that it was his opinion at the time the resolution was passed and that it remained his opinion that the Board had prejudiced itself by the consideration of said resolution. Mr. Roger Bridges, Att8~r.:y for Windley Key Corp., discussed the pending appeal by the Issak Whalton League and requested that the Board recuse itself from hearing the pending appeal due to the fact that they ad prejudicied then1s~lve~pon the passage of the resolution con- cerning the quary Ms. Allison Fahrer, Issak Whalton League, discussed the issue and requested that the Board postpone any consideration of this matter at this time until their attorney can review. Motion was made by Commissioner Sorensen and seconded by Mayor Dolezal that the County Commission recuse itself from hearing pending appeal concerning the Windley Key Quary property and Issak Whalton League. During discussion the motion was withdrawn. A motion was then made by Chairman Dolezal and seconded by Commissioner Sorensen to postpone for two (2) weeks. Motion was withdrawn. Motion was then made by Commissioner Harvey and seconded by Commissioner Hernandez to postpone this matter for two (2) weeks and refer the letter from Mr. Bridges to Mr. Proby for a report back in two (2) weeks. Motion carried unanimously. OPENING OF BIDS The Clerk then made a report to the Board concerning Mr. Stickney's recommendation for the award of the bids opened earlier as follows: One (1) Bituminous Distributor with Hydrostatic Transmission mounted on motorized chassis: H. F. Mason Equipment Corp., in the amount of $41,484.00. Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal accepting the recommendation of the Public Works Director and awarding the bid. Motion carried unanimously. 95 12 One (l) New 8-12 Ton 3-Wheel Diesel Power Roller on Diesel Tandem Roller: Linder Industrial Machinery Co., for a 3-Wheel Roller in the amount of $48,500.00. Motion was made by x 1~ Commissioner Sorensen and seconded by Chairman Dolezal accepting the recommenation of the Public Works Director and awarding the bid. Motion carried unanimously. One (1) Heavy-Duty Diesel Powered Dump Truck 1982: Bay Truck Sales Inc., the amount of $39,726.88. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to accept the recommendation of the Public Works Director and awarding the bid. Motion carried unanimmously. 95 12 ~ REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve Senior Community Service Project Grant Modification for the period of May 1, 1982 to September 30, 1982, for an additional $34,100.00 in federal dollars and an additional match of non-federal dollars which is $3,800.00 local dollars to be taken out of Contingency. Motion carried unanimously. 34 106 63 Motion was made by Commissioner Harvey and seconded by Commissioner Blair to aprove Community Care for the Elderly Grant for funding period of July 1, 1982 to June 30, 1983, for total budget of $230,156.00. (State portion $207,141.00; County match $3,000.00 cash and $20,015.60 in-kind). Motion carried unanimously. 34 106 63 LEGAL DEPARTMENT Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to deny a proposed resolution concerning Entrant Impact Aid Contract for health services Fixed-Price Contract by and between the State of Florida, Department of HRS and the Monroe County Commissioners. Roll call vote was taken and failed with Commissioners Blair, Harvey and Hernandez voting no. Motion was then made by Commissioner Blair and seconded by Commissioner Harvey to adopt the following resolution authorizing the Chairman of the Board to execute said contract. Roll call vote was taken and carried with Commissioner Sorensen and Chairman Dolezal voting no. 109 34 RESOLUTION NO. 175-1982 See Res. Book No. 28 which is incorporated herein by reference. 99 Motion was made by Commissioner Blair and seconded by Commissioner Sorensen to adopt the following resolution authorizing the Chairman of the Board to execute a Lease Agreement by and between the City of Key West and the County of Monroe for land for sewage treatment facility located on Stock Island. Motion carried unanimously. 75 27 RESOLUTION NO. 176-1982 See Res. Book No. 28 which is incorporated herein by reference. 99 Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to refer a letter from Mr. Harry F. Knight, Tax Collector, concerning County held Tax Certificates to the County Attorney for appropriate action. Motion carried unanimously. 113 114 ..... A proposed resolution concerning a Consultant Agreement by and betweem The Board of County Commissioners and Post, Buckley, Schuh and Jernigan, Inc., was postponed for two (2) weeks. 33 34 Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following resolution approving Change Orders No. 1 and 2 amending the Contract by and between The Brewer Company of Florida, Inc., and Monroe County for paving, grading, and drainage improvements to Old 4-A Road, Little Torch Key and authorizing payment of Application No.3 in the amount of $92,064.16. Motion carried unanimously. 102 34 17 RESOLUTION NO. 177-1982 See Res. Book No. 28 which is incorporated herein by reference. 99 188 x 77 34 Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to postpone consideration of a resolu- tion to execute a Standard Form Agreement between the owner and engineer for professional services by and between the Bo~rd and BR&R Associates, Inc., and Post, Buckley, Sch~h and J~rnlgan, Inc., a Joint Venture for two (2) weeks. Motlon carrled unanimously. Motion was made by Chairman Dolezal and seconded by Commissioner Hernandez to postpone consideration of a resolution authorizing execution of a Change Orde~ between the Boar~ and . Avanto Construction Co., Inc., concernlng the Marathon Llbrary ProJec for two (2) weeks. During discussion the motion was withdrawn. Motion was then made by Commissioner Sorensen and seconded by Chairman Dolezal to deny the request for the Change Order. Roll call vote was taken and carried unanimously. 34 33 5 34 107 Motion was made by Commissioner Blair and seconded by Commissioner Sorensen to adopt the following resolution approving Renewal Note and Security Agreement by and between the Marathon Bank, the Board of Commissioners of Monroe County, and the Monroe County Sheriff's Department and authorizing the Chairman of the Board of County Commissioners to execute same. Motion carried unanimously with Commissioner Hernandez absent. 99 RESOLUTION NO. 178-1982 See Res. Book No. 28 which is incorporated herein by reference. 75 5 Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to adopt the following resolution authorizing the Chairman of the Board to execute a Lease by and between the County of Monroe, State of Florida, and Air Cargo America. Inc., for leaseing of space at the Key West International Airport. Motion carried unanimously with Commissioner Hernandez absent. 99 RESOLUTION NO. 179-1982 See Res. Book No. 28 which is incorporated herein by reference. 17 Motion was made by Commissioner' Blair and seconded by Commissioner Harvey to adopt the following resolutions trans- ferring funds. Motion carried unanimously. 99 99 RESOLUTION NO. 180-1982 RESOLUTION NO. 181-1982 See Res. Book No. 28 which is incorporated herein by reference. 34 102 Motion was made by Commissioner Sorensen to postpone consideration of an item concerning litigation of Henry vs. Monroe County for two (2) weeks. Motion died for lack of a second. Mr. Proby then discussed pending litigation of Henry vs. Monroe County. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez authorizing the Attorney to settle the case and report back to the Board. Roll call vote was taken and carried with Commissioner Harvey voting no. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to approve Change Order No. 1 by and bet- ween SES Electric Services, Inc., amending the Contract dated April 5, 1982 for the installation of traffic light and roadway striping on Card Sound Road and C-905, Job No. 401-002.19. Motion carried unanimously. 17 16 Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve payment of Invoice No. 1 to Alonzo Cothron, Inc., on Duck Key Bridge No.1, Project No. 401-002-10 (A) in the amount of $25,258.68. Motion carrried unanimously. REPORTS! RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator discussed the bill for legal services for Mr. John Dent, P.A., for services rendered in the suit concerning the Sheriff's Budget in the Sales Tax Legislation. Motion was made by Chairman Dolezal and seconded by Commissioner Sorensen to postpone consideration of this item for two (2) weeks. Motion carried unanimously. 107 i,03 X 189 Mr. Lewin advised the Board of the resignation of Mr. Nathaniel Funke from the Code Review Board. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to accept the resignation with regret. Motion carried unanimously. Motion was made by Chairman Dolezal and seconded by Commissioner Sorensen to establish the position of Planner/Coordinator in the Deparmtent of Civil Defense at a salary of $19,619.66 effective June 1, 1982. Motion carried unanimous ly. Motion was made by Commissioner Blair and seconded by Commissioner Sorensen to postpone consideration of Interim Report of Grand Jury's request for $40,000.00 investigative funds for two (2) weeks. During discussion Commissioner Sorensen withdrew his second to the motion. Commissioner Hernandez then seconded the motion. Roll call vote was taken and carried with Commississioner Sorensen voting no. 14 30 17 Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to deny a refund in the amount of $67.50 to Jones Cauger due to his application for dock being denied per staff recommendation. Motion carried unanimously. 86 18 Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to refer an item pertaining to the BUdget of the Monroe County Fine Arts Council to the County Administrator. Motion carried unanimously. 17 53 Motion was made by Commissioner Blair and seconded by Commissioner Sorensen to authorize the County Attorney to adver- tise an ordinance establishing Special Assessment for 1983. Motion carried unanimously. 84 114 - Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve Change Order No.1 to Lighthouse Construction for airport terminal restaurant/lounge restoration and approve payment of first draw in the amount of $9,101.74. Motion carried unanimously. 5 34 17 Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to approve the employment of Mr. Phil Green, Architect, for Engineering Services, in the amount of $2500.00 for the Islamorada Library Expansion Project. Motion carried unanimously. 48 77 17 Motion was made by Commissioner Blair and seconded by Commissioner Harvey to approve a lease for space to Keys Rent-A-Car for the purpose of advertisement at the Key West International Airport. 75 5 A request for a special meeting for the Municipal Service District was referred to the County Administrator. The County Administrator was also directed to schedule for the same day a report from Post, Buckley, Schuh and Jernigan, Inc., con- cerning the Cadastre Program. 123 Motion was made by Commissioner Blair and seconded by Commissioner Sorensen to continue the County's membership in the South Florida Employment Training Consortium contingent upon receipt and approval of a Hold Harmless Agreement by the County Attorney and authorizing the Chairman to execute. Motion carried unanimous ly. 34 REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Hernandez was scheduled to discuss draininge at Big Coppitt Key. This item was postponed for two (2) weeks. 102 Commissioner Blair briefly discussed appointments to the Planning Advisory Board. He indicated that he would bring this subject up at the meeting in two (2) weeks for appointments. 14 87 190 X 17 Motion was made by Commissioner Blair and seconded by Chairman Dolezal to postpone Commissioner Sorensen's request of Old Tavernier Town Association, Inc., for $4,200.00 for moving and preservation of "Old Tavernier Methodist Church" for two (2) weeks. Roll call vote was taken and failed with Commissioners Harvey, Hernandez, and Sorensen voting no. Commissioner Sorensen then discussed recent opinion from the County Attorney concerning the steps which must be taken in order for the County to par- ticipate in the funding. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to postpone this item for two (2) weeks. Motion carried unanimously. - 115 14 Motion was made by Commissioner Blair and seconded by Chairman Dolezal to reappoint Ms. Margo Golan to the Tourist Development Council for a three (3) year period. Roll call vote was taken and carried with Commissioner Harvey voting no. Motion was made by Commissioner Blair and seconded by Chairman Dolezal to re-appoint Mr. Eddie Breeze to the Tourist Development Council for a three (3) year period. Roll call vote was taken and carried unanimously. 3 128 Commissioner Hernandez was scheduled to discuss prepara- tion of appeal record on appeals of zoning matters before the Commission. This item was postponed for two (2) weeks. Commissioner Blair was scheduled to discuss the 7-Mile Bridge Park. This item was postponed for two (2) weeks. 71 107 Commissioner Sorensen was to discuss personnel changes. This item was postponed for two (2) weeks. Commissioner Blair discussed a request by Sheriff Freeman for additional renovations in the Jail. This item was postponed for two (2) weeks. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD 46 54 Motion was made by Chairman Dolezal and seconded by Commissioner Harvey to accept the certification of the County Canvassing Board of returns of the Monroe County Special Referendum Election held on April 27, 1982: QUESTION: Shall a Special Taxing District be established to include all of Monroe County except the Cities of Key West and Key Colony Beach, for a Television Translator System for the residents of the Special Taxing District; to be funded by Ad Valorem Taxes not to exceed one-quarter of one Mill ($0.00025) on each $1.00 of assessed value of real property in the District, for a period not to exceed ten (10) years beginning in Tax Year 1982? The whole number of votes cast was 3,825 as indicated below: Yes 2,194 votes No 1,631 votes Motion carried unanimously. 31 Motion was made by Commissioner Blair and seconded by Commissioner Hernandez authorizing Commissioners Blair and Sorensen to travel to Tallahassee on June 29, 1982 for a meeting of the Cabinet. Motion carried unanimously. There being no further business before the Board the meeting was adjourned. * * * * * * * * * * * * * * *