05/16/1986 Regular
FF 1.25
Regular Meeting
Board of County Commissioners
Friday, May 16, 1986
Plantation Key
A Regular Meeting of the Monroe County Board of
County Commissioners convened on the above date at the
Plantation Key Government Center. Present and answering to
roll call were Commissioner Alison Fahrer, Commissioner
William Freeman, Commissioner John stormont, Commissioner Ed
Swift, and Mayor Wilhelmina Harvey. Also present were Danny
L. Kolhage, Clerk; Kermit Lewin, County Administrator;
Lucien Proby, County Attorney; Rob Wolfe, Assistant County
Attorney; Department Heads; County Staff; members of the
Press and Radio; and the general public.
All stood for the Invocation and the Pledge of
Allegiance to the Flag.
The Board proceeded to discuss additions and
corrections to the Agenda. Motion was made by Commissioner
Freeman and seconded by Commissioner Fahrer to approve the
additions and corrections to the Agenda. Motion carried
unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to approve the following items by
unanimous consent:
BULK APPROVALS
Board approved, subject to final approval of invoices by the
Finance Department, expenditures of the Monroe County
Tourist Development Council in the total amount of
$144,128.06.
Board approved payment of the following Fine and Forfeiture
Expenditures:
FINE & FORFEITURE EXPENDITURES
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard
Hellman, Ph.D., in the amount of $845.00; John P.
Mihalovich, Ph.D., in the amount of $500.00; Michael
Rappaport, Ph.D., in the amount of $1,000.00.
COURT-APPOINTED ATTORNEYS, Roberta S. Fine, in the
amount of $536.75; Avonelle R. Mackerell, in the amount of
$250.00; Henry Lee Morgenstern, in the amount of $4,892.61;
Joseph Wolkowsky, in the amount of $750.00.
OTHER EXPENSES AND COSTS, Crozer-Chester Medical
Center, in the amount of~.OO; Louis J. Spallone, Clerk, in
the amount of $300.00.
EXTRADITION COSTS, William A. Freeman, Jr., in the
amount of $9,799.50.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $700.80; Robert Fazio, in the
amount of $66.00; Terry Moran, in the amount of $845.50.
COURT INTERPRETER SERVICES, Serafin Caliero, in the
amount of $5.00; Elaine Carey, in the amount of $95.00; Irma
Lopez de Pugh, in the amount of $50.00; Jerome Grapel, in
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~ amount of $25.00; Manuel Marcial, in the amount of
$65.00; Terry Moran, in the amount of $64.50.
WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of $4,091.70.
EXPERT WITNESS FEES, Ronald L. Reeves, M.D., in the
amount of $500.00. ----
Board approved the following Warrants:
WARRANTS
GENERAL REVENUE FUND, #50176-#50860, in the amount
of $2,427,957.72.
GENERAL REVENUE FUND, Barnett Bank of Islamorada,
#60, in the amount of $3,787.63.
GENERAL REVENUE FUND, Marathon Bank, #60, in the
amount of $2,620.39. ----
SUPPLEMENT TO GENERAL REVENUE FUND, #217-#218, in
the amount of $74,474:23.
FINE & FORFEITURE FUND, #487-#489, in the amount of
$45,859.5~ -
AIRPORT OPERATION & MAINTENANCE FUND, #350-#351, in
the amount of $46,232.77.
ROAD & BRIDGE FUND, #396-#397, in the amount of
$173,802.ao:- - ----
MSD TAX DISTRICT, #330-#331, in the amount of
$89,320.7~ ---
MSD, Marine Bank, Marathon, #779-#780, in the
amount of-s273,623.41.
MSD, Pledged Funds, #64-#66, in the amount of
$610,000.00.
MSD, Boulevard Bank, Summerland Key, #24, in the
amount of~,674.62.
LAW LIBRARY FUND, #170, in the amount of $1,871.46.
CAPITAL PROJECTS FUND, Construction Account,
Barnett Bank, #142-#144, in the amount of $7,170.47.
MONROE COUNTY GROUP INSURANCE, #130-#132, in the
amount of $151,632.60.
CARD SOUND BRIDGE FUND, #123-#125, in the amount of
$68,654.9-::;-:-
WORKMENS COMPENSATION, #1863-#1885, in the amount
of $27,220.63.
TOURIST DEVELOPMENT COUNCIL, #247-#249, in the
amount of $131,691.57.
TRANSLATOR FUND, #104-#105, in the amount of
$33,895.93. ----
CROSS KEY WATERWAY, #31, in the amount of $431.30.
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716 SPECIAL TAX DISTRICT, PLANNING, BUILDING, CODE
ENFORCEMENT, 19-#10, in the amount of $130,205.73.
715 MARINERS HOSPITAL, i04-105, in the amount of
$420,693.92.
Board approved the following Minutes of meetings of the
Board of County Commissioners: February 2lst1 March 2lst1
April 3rd1 April 4th1 April l6th1 April l8th1 April 23rd.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of James B. and
Alease W. Case for the enclosure of 1656 square feet below
the existing single-family residence on Lot 34, Block 1,
Summerland Cove Isles, Block I, Flagship Drive, Summerland
KeY1 Zoned RU-11 Coastal Flood Zone V-12, Panel 1514.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Hellio M.
DeLaTorre for the placement of a mobile home below the
100-Year Flood Elevation and contiguous to the surrounding
mobile homes which are not elevated to the base flood eleva-
tion on Lot 7, Block 2, Cross Key Waterways, Section 2,
Aqueduct Lane, Key Larg01 Zoned RU-51 Coastal Flood Zone
V-16.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Allen and
Melba Eschrich for the enclosure of an additional 143 square
feet below the existing single-family residence on Lot I,
Block 8, Breezeswept Beach Estates, West Indies, Ramrod KeY1
Zoned RU-11 Coastal Flood Zone V-12.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of John and
Richard Klepper to enclose an existing pole barn below the
100-Year Flood Elevation on Lot 20, Tropical Island
Ranchettes, Chapman and US iI, Big Pine KeY1 Zoned BU-2-T1
Coastal Flood Zone V-12.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Robert M.
Smart for the placement of a mobile home below the 100-Year
Flood Elevation and contiguous to the surrounding mobile
homes which are not elevated to the base flood elevation on
Lot 9, Block 8, Cross Key Waterways, Garden State Lane, Key
Largo 1 Zoned RU-51 Coastal Flood Zone V-16.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Dr. Steve S.
Spector for the construction of a 392 square foot enclosure
of break-away construction below the existing single-family
residence on Lot 5, Block 76, Port Pine Heights, 2nd
Addition, Sea Grape Street, Big Pine KeY1 Zoned RU-11
Coastal Flood Zone D Zone-Panel 1507 and 1509 and V
Zone-Panel 1507 and 1509.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of James Waite
for the construction of a 16 x 24 building below the
100-Year Flood Elevation on Lot 11, Tropic Island
Ranchettes, Deer Run Trail, Big Pine KeY1 Zoned BU-2-T1
Coastal Flood Zone V-12.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Stuart D. Marr
for the construction of a 500 square foot 2-car garage below
FF1~
the 100-Year Flood Elevation on Tract A, Wynken, Blynken
and Nod Estates, State Road #5 at Peter Pay Parkway, Key
Largo; Zoned BU-2; Coastal Flood Zone A-16.
Board adopted the following Resolution transferring funds
for the year 1985-1986.
RESOLUTION NO. 153-1986
See Res. Book No. 50 which is incorporated herein by
reference.
ITEMS FOR STAFF COMMENT
Airport
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board of County Commissioners to execute
a Sign Lease by and between the County of Monroe and Value
Rent-A-Car regarding installation of a sign at Key West
International Airport.
RESOLUTION NO. 154-1986
See Res. Book No. 50 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board of County Commissioners to execute
a Sign Lease by and between the County of Monroe and
Marathon Travel Service regarding installation of a sign at
Key West International Airport.
RESOLUTION NO. 155-1986
See Res. Book No. 50 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 County of Monroe and Eastern
Air Lines in connection with use of the Key West
International Airport.
RESOLUTION NO. 156-1986
See Res. Book No. 50 which is incorporated herein by
reference.
Board postponed consideration of the request to advertise a
proposed Ordinance amending Chapter 6 of the Monroe County
Code concerning Specialty Contractors.
Board postponed consideration of a proposed scope of ser-
vices description for Charles Siemon.
Social Services
Board approved Amendment to Contract KC519 (Community Care
for the Elderly) with State of Florida Department of Health
and Rehabilitative Services to increase the purchase of ser-
vices.
Board approved Amendment to Contract KC518 (Community Care
for Disabled Adults) with State of Florida Department of
Health and Rehabilitative Services to increase the purchase
of services.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board of County Commissioners to approve
and execute a Business Lease by and between The School Board
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of Monroe County, Florida, and Monroe County concerning Room
401 (Lunch Room) and Room 402 of Douglass School for the
Senior Citizen Feeding Program.
RESOLUTION NO. 157-l986
See Res. Book No. 50 which is incorporated herein by
reference.
Board approved Amendment II to the OAA Title III-B grant
proposal (Contract 186-1-878) which reflects the
Gramm-Rudman-Hollings impact by reducing Federal funds by
$4,916.00.
Board approved Amendment 12 to the OAA Title III-B grant
proposal (Contract 186-1-878) which reflects a decrease in
Federal dollars in the amount of $50,000.00 as a trade-off
for Community Care for the Elderly grant funds (1985-86).
Board approved Amendment to Contract 186-5-878 for Community
Care for the Elderly (CCE) 1985-86 grant proposal to reflect
increase of $50,000.00 representing the trade-off for OAA
funds.
Emergency Services
Board adopted the following Resolution rescinding Resolution
No. 350-1985 and authorizing the Chairman of the Board of
County Commisioners of Monroe County, Florida to execute a
Contract by and between the Board of County Commissioners
and J. P. Strode and Associates, Inc. for construction of an
Apparatus Building for the Tavernier Volunteer Fire
Department and Ambulance Corps.
RESOLUTION NO. 158-1986
See Res. Book No. 50 which is incorporated herein by
reference.
COUNTY ATTORNEY
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board of County Commissioners to execute
an Addendum to Lease pertaining to the Lease entered into on
the 7th day of February, 1986, as amended on the 21st day of
March, 1986, by and between Harry E. and Elvira F. Mahoney
and the Board of County Commissioners.
RESOLUTION NO. 159-l986
See Res. Book No. 50 which is incorporated herein by
reference.
COUNTY CLERK
Board adopted the following Resolution repealing Resolution
No. 240-1985; authorizing the payment of Tax Anticipation
Certificates from the County gas tax fund as authorized by
F. S. 206.60; and authorizing the reimbursement of said fund
from the Ed Swift (Gulf Drive) Road special assessment.
RESOLUTION NO. 160-1986
See Res. Book No. 50 which is incorporated herein by
reference.
Board acknowledged receipt of the Formal Budget Request from
the Office of the Sheriff for the Fiscal Year 1986-1987 in
the total amount of $11,346,965.09.
Board acknowledged receipt of the Formal Budget Request from
FF 1.30
the Clerk for the Fiscal Year 1986-l987 in the total amount
of $2,153,625.96.
COMMISSIONERS' ITEMS
Board adopted a Proclamation acknowledging May 22, 1986 as
Maritime Day.
Board approved Commissioner Stormont's appointment of Dr.
Tom Richardson to the Health Council to replace Paula
Morrow. Board approved. the appointIrent of Michael Puto
and Nonnan Parker to the M:>nroe County Housing Authority.
Board adopted the following Resolution pertaining to the
Everglades Protection Association.
RESOLUTION NO. 161-1986
See Res. Book No. 50 which is incorporated herein by
reference.
Board adopted a Proclamation proclaiming May I, 1986 as LAW
DAY in Monroe County.
Motion carried unanimously with Commissioners Freeman and
Swift absent from the meeting.
Grace Manillo addressed the Board concerning the
Handicapped Commission.
Joe Bell discussed the Specialty Contractor
Ordinance.
BULK APPROVALS
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to approve a refund in the amount of
$126.00 to Land & Sea Wagon inasmuch as work was permitted
on two different occasions but only work for one final
driveway permit was constructed. Motion carried unani-
mously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve, per staff recommen-
dations, the Application for Variance to the Flood Hazard
Ordinance of Stuart D. Marr for the placement of a 200 to
300 square foot building for toilet facilities below the
100-Year Flood Elevation on Tract "L", Port Largo 5th
Addition, 6 of 109, East of US #1, Ocean Drive, Key Largo;
Zoned RU-7; Coastal Flood Zone A-16. Roll call vote was
taken with the following results:
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Pro Tern Fahrer
Yes
No
Yes
Yes
Motion carried with Mayor Harvey absent from the meeting.
ITEMS FOR STAFF COMMENT
Engineering
Bob Harris of Post, Buckley, Shuh & Jernigan made a
report concerning the Criminal Justice Building and a
problem that the contractor was having in obtaining
windstorm insurance coverage. It was the recommendation of
the Consulting Engineers that the limit for the windstorm
insurance be reduced to $1,OOO,OOO.OO. Motion was made by
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Commissioner Fahrer and seconded by Commissioner Freeman to
accept the recommendation of the Consulting Engineers and
reduce the requirement of windstorm insurance to
$1,000,000.00 for the construction of the Criminal Justice
Building in Key West. Motion carried unanimously with Mayor
Harvey absent from the meeting.
Building, Planning ~ Zoning
Director Charles Pattison discussed the hearing to
be held before the Cabinet on May 20th concerning the adop-
tion of the Land Use Plan and the proposed amendments by
DCA. Mr. Pattison also discussed the costs of the Plan.
Mr. Pattison advised the Board that he was proceeding with a
$31,000.00 grant to provide for additional work on the Land
Use Plan.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to adopt the following Resolution
rescinding Resolution No. 121-1986 and upholding the deci-
sion of the Board of Adjustment of Monroe County, Florida,
without prejudice, and denying the request of Alpha R. and
Muriel J. Dowd to reverse the decision of the Board of
Adjustment of Monroe County, Florida, denying their request
for a reversal of the decision of the Building Official in
issuing Permit tC17188.
RESOLUTION NO. 162-1986
See Res. Book No. 50 which is incorporated herein by
reference.
Mr. Pattison advised the Board that the Request For
Proposals on the Computer System was underway.
The Board entered into a discussion concerning the
Application For Permit of William B. Spottswood to place
riprap belong MHW along a man-made canal at Lot 21, Block 5,
Key Haven, Raccoon Key; Section 26, Township 67S, Range 25E;
Zoned RU-1. Motion was made by Commissioner Swift and
seconded by Commissioner Freeman to approve, per staff
recommendations and conditions, the Application For Permit
of William B. Spottswood for the riprap and bulkhead only
and not the davits, and also to exclude the wooden section.
Roll call vote was unanimous.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve, per staff recommen-
dations and conditions, the Application For Permit of Mary
Kelly to construct a vertical concrete seawall and cap on
the property located on Lot 29, Block 1, Plantation Island
Number Three, Duck Key; Section 16, Township 65S, Range 34E;
Zoned RU-I. Roll call vote was unanimous.
Municipal Service District
Director Charles Aguero discussed the application
to DER for a permit for a pilot sludge treatment plant and
indicated that DER would extend the time allowing the County
to continue to receive sludge at the landfill sites.
Mr. Aguero addressed the Board and advised that the
results of the Calling For Bids on the Two Ten Ton Per Hour
Open Pit Burners were as follows:
Kutrieb Corporation
Chetek, Wisconsin
$ 76,000.00
FF 1.32
Rabun & Company
Stapleton, Georgia
$134,400.00
Crochet Equipment Company, Inc.
Baton Rouge, Louisiana
$180,750.00
Mr. Aguero indicated that the lowest bid which was respon-
sive to the specifications was Rabun & Company at
$134,400.00. Motion was made by Commissioner Fahrer and
seconded by Commissioner Swift to award the bid for Two Ten
Ton Per Hour Open pit Burners to Rabun & Company in the
amount of $134,400.00. Roll call vote was unanimous.
Emergency Services
Director Reggie Paros discussed the award of a bid
for the Remount, Refurbishment and Modifications of a Type
III Ambulance for MSTD i5 and advised that Aero Products
Corporation of Longwood, Florida was the sole bidder in the
amount of $30,714.00 plus an optional $150.00. He advised
the Board that the contractor was unable to provide a per-
formance bond on the project. Assistant County Attorney Rob
Wolfe advised the Board that the performance bond was a
requirement of Public Works construction projects only.
Motion was made by Commissioner Stormont and seconded by
Commissioner Fahrer to award the bid for the Remount,
Refurbishment and Modifications of a Type III Ambulance for
MSTD i5 to Aero Products Corporation of Longwood, Florida in
the amount of $30,714.00 plus an optional $150.00, and to
waive the requirement of a performance bond. Motion carried
unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman authorizing Mr. Paros to process the
necessary transfer of funds between the Fire and Ambulance
budget in District 5 to accomplish the remount and refur-
bishment of the ambulance. Motion carried unanimously with
Commissioner Swift absent from the meeting.
The County Administrator was directed to amend the
Administrative Order, if necessary, concerning performance
bonds.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to authorize payment in the amount
of $4,949.63 to Horan and Bannon for professional services
rendered in Monroe County v. State of Florida. Roll call
vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Yes
Yes
No
Yes
Yes
Motion carried.
The Board discussed a meeting with The School
Board, Dr. Henriquez and Mr. Dent concerning the School
Funding problem. This matter was referred to the County
Administrator.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to authorize payment in the amount
of $543.75 to Risk Control Associates, Inc. for professional
FF-133
services rendered during the month of April, 1986. Motion
carried unanimously with Commissioner Swift absent from the
meeting.
The Board discussed a proposed Administrative Order
concerning purchasing. Motion was made by Commissioner
Freeman and seconded by Commissioner Fahrer to approve a
proposed Administrative Order amending Administrative Order
il-30 concerning purchasing in reference to emergency proce-
dures. During discussion, the motion was withdrawn and the
matter was referred to the County Administrator for clarifi-
cation.
Motion was made by Commissioner Fahrer and seconded
by Commissiner Stormont to authorize payment of $175.88 to
Stephens, Lynn, Chermany & Klein for professional services
rendered in connection with L. Ashe v. Monroe County, et al.
Motion carried unanimously.
County Administrator Lewin discussed a request to
purchase a drilling unit as a sole source of supply in the
amount of $13,367.50. Motion was made by Commissioner
Fahrer and seconded by Commissioner Swift to approve the
purchase from SIMCO of a No. 2400 SK drilling unit in the
amount of $13,367.50. Motion carried unanimously.
Motion was made by Mayor Harvey and seconded by
Commissioner Fahrer to postpone a request from Monroe
Construction Company for the installation of an electric
vault in the amount of $1,135.00. Motion carried unani-
mously.
Mr. Lewin discussed efforts to obtain space in the
Marathon area for the Supervisor of Elections and Planning,
Building & zoning. Motion was made by Commissionr Swift and
seconded by Commissioner Freeman to direct the County
Administrator to pursue rental space in the Marathon area
for the Supervisor of Elections. Motion carried unani-
mously.
COUNTY ATTORNEY
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to adopt the following Resolution
rescinding Resolution No. 110-1986 regarding Loop Road.
RESOLUTION NO. 163-1986
See Res. Book No. 50 which is incorporated herein by
reference.
COUNTY CLERK
Motion was made by Mayor Harvey and seconded by
Commissioner Fahrer to approve the TDC expenditure in the
amount of $6,500.00 for the production of a program on the
Florida Keys by Channel 2. Roll call vote was unanimous.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to direct the County Attorney to pre-
pare an amendment to the Contract between Monroe County and
Charles Siemon concerning work done on the Land Use Plan to
increase that Contract by the amount of $70,000.00. Roll
call vote was unanimous.
COMMISSIONERS' ITEMS
Commissioner Stormont discussed the arrangement
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between the County and ORIA to receive funding for the
placement of a deputy sheriff at Ocean Reef. Motion was
made by Commissioner Stormont and seconded by Commissioner
Fahrer to release ORIA from a letter of intent concerning
the payment of a deputy at Ocean Reef. During discussion,
motion was withdrawn. Motion was made by Commissioner
Stormont and seconded by Commissioner Fahrer to postpone
this item for two weeks. Motion carried unanimously.
Commissioner Stormont discussed the matter of
planting maintenance which was becoming a responsibility of
Monroe County and a procedure for identifying that respon-
sibility. Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to refer this matter to the
County Attorney for the preparation of a Resolution con-
cerning the maintenance of various planting projects and
requiring coordination with the County Commission, the
Extension Service, and the Highway Beautification Committee.
Motion carried unanimously.
Commissioner Stormont discussed a need for the
development of computer courses to instruct County person-
nel. Motion was made by Commissioner Stormont and seconded
by Commissioner Fahrer directing the staff to work with the
Florida Keys Community College to develop computer courses
to train County personnel. Motion carried unanimously.
Commissioner Fahrer discussed appointments to the
Capital Improvements Committee. Commissioner Swift indi-
cated that his appointment to the Capital Improvements
Committee was Bill Daniels. This matter was referred to
County Administrator Lewin for further information.
SOUNDING BOARD FOR PUBLIC INPUT
Albert Griffin addressed the Board concerning a
request to waive a fee for the proposed building addition to
the Florida Keys Elks Lodge No. 1872 due to their many civic
efforts and also due to the fact that they have provided
Monroe County on several occasions with the use of their
hall, without charge, for public meetings. Motion was made
by Commissioner Swift and seconded by Commissioner Fahrer to
waive the permit fee concerning an addition to Florida Keys
Elks Lodge No. 1872 in lieu of rent for use of the facili-
ties during Land Use Plan and other meetings. Roll call
vote was unanimous.
Parvan Bakardjiev, General Director of the Monroe
County Fine Arts Council, addressed the Board concerning an
Arts Festival in 1987-88 and the funding necessary to pro-
mote such a festival. ae requested $23,000.00 in funding
from the County in this fiscal year to assist with expenses
of the Fine Arts Council. Motion was made by Commissioner
Swift and seconded by Commissioner Fahrer to appropriate the
sum of $13,00.00 from Contingency to the Monroe County Fine
Arts Council budget in the General Fund for operating expen-
ses of the Council. Roll call vote was taken with the
following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Yes
No
No
Yes
Yes
Motion carried.
FF-1.35
william P. Grimes addressed the Board concerning
proposed blasting at Port Pine Heights on Big Pine Key.
George Kyle also addressed the Board concerning this matter.
Building Official Robert Herman was directed to request
State officials to review the adequacy of the Monroe County
Ordinance concerning blasting. Grace Manillo addressed the
Board concerning this matter.
The Board recessed for lunch.
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The Board reconvened at 2:3S p.m. with all
Commissioners present.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to add to the Agenda consideration
of Grant Applications for the Criminal Justice Information
System. Motion carried unanimously. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
approve three Grant Applications for the Criminal Justice
Information System. Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Fahrer discussed the availability of
copies of advertised Ordinances in the Public Libraries.
This matter was referred to County Attorney Proby and the
Clerk.
Commissioner Fahrer discussed pending litigation
and certain streets in the Venetian Shores Subdivision.
Commissioner Fahrer indicated that the records seem to indi-
cate that the County should be responsible for the repair of
these roads. Motion was made by Commissioner Swift and
seconded by Commissioner Freeman to postpone this matter for
two weeks until further information can be obtained. Motion
carried unanimously.
Commissioner Swift discussed the Major Development
Moratorium and the Land Use Plan. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
schedule two Public Hearings to consider the rescission of
the Major Development Moratorium. Roll call vote was taken
with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
No
Yes
No
Yes
Yes
Motion carried. Sandy Barrett and Stan Becker addressed the
Board concerning the Land Use Plan.
,.,..,.".,,,.....
PUBLIC HEARINGS
A Public Hearing was held concerning the abandon-
ment of a portion of Bow Road and a IS-foot wide alley on
Sugarloaf Key, Monroe County, Florida. Proof of publication
was entered into the record. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
read by title only. Motion carried unanimously. Judge John
Barrett addressed the Board concerning the abandonment.
Motion was made by Commissioner Swift and seconded by
FF 1.36
Commissioner Freeman to postpone this matter for two weeks
and to advise the owner of Lot 31 of a proposed road which
may lie adjacent to this property. Roll call vote was una-
nimous.
COMMISSIONERS' ITEMS
Prior to her leaving the meeting, Mayor Harvey
discussed funding for the Land Use Plan. Motion was made by
Mayor Harvey and seconded by Commissioner Swift to adopt the
following Resolution urging the Monroe County Legislative
Delegation to obtain all additional funding necessary to
finance the new Monroe County Land Use Plan; requesting Five
Million Dollars to purchase subdivision lots; the creation
of an optional Two Cent Tourist Development Tax; the
creation of an optional R. V. Occupational License Tax; and
the creation of a State Park surcharge. Roll call vote was
unanimous.
RESOLUTION NO. 164-1986
See Res. Book No. 50 which is incorporated herein by
reference.
Mayor Harvey left the meeting at 3:45 p.m.
PUBLIC HEARINGS
A Public Hearing was held concerning the abandon-
ment of the south 25 feet of the turnaround "tee" of Third
Lane located in the Amended Plat of winston Waterways No.2,
Key Largo, as recorded in Plat Book 6 at Page 27. Proof of
publication was entered into the record. There was no
public input. Motion was made by Commissioner Swift and
seconded by Commissioner Freeman to deny this proposed aban-
donment. Roll call vote was unanimous.
A Public Hearing was then held on a proposed
Ordinance creating a Monroe County Comprehensive Plan
Resources and Grants Team; providing for the powers and
duties of such team; providing for members and the method of
selection, term and payment thereof; providing for severabi-
lity; providing for the repeal of all Ordinances or parts of
Ordinances in conflict with this Ordinance; and providing an
effective date. Proof of publication was entered into the
record. Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to read by title only. Motion
carried unanimously. There was no public input. Motion was
made by Commissioner Freeman and seconded by Commissioner
Swift to adopt the following Ordinance.
ORDINANCE NO. 011-1986
See Ord. Book No. II which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Pro Tem Fahrer
Yes
No
Yes
Yes
Motion carried.
A Public Hearing was held on a proposed Ordinance
concerning abandonment of rights-of-way in Monroe County;
providing for severability; repealing all Ordinances or
parts of Ordinances in conflict herewith to the extent of
FF 1.37
said conflict; providing for inclusion in the Monroe County
Code of Ordinances; and providing an effective date. Proof
of publication was entered into the record. Motion was made
by Commissioner Stormont and seconded by Commissioner
Freeman to read by title only. There was no public input.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to continue to the next meeting.
Motion carried unanimously.
A Public Hearing was held on a proposed Ordinance
amending Chapter 12 of the Monroe County Code by providing
for occupational license revocation for failure to pay gar-
bage service fees; providing for certain documents indi-
cating the willingness and ability to obtain garbage service
upon the issuance of an occupational license; providing that
no occupational license shall be renewed unless garbage fee
has been paid; providing additional procedures for occupa-
tional license revocation; providing for severability; pro-
viding for repeal of all Ordinances in conflict herewith;
providing for incorporation in the Monroe County Code of
Ordinances; and providing for an effective date. Proof of
publication was entered into the record. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
read by title only. Motion carried unanimously. Grace
Manillo and Ross Elwell addressed the Board. Motion was
made by Commissioner Swift and seconded by Commissioner
Freeman to continue to the next meeting. Motion carried
unanimously.
A Public Hearing was held on a proposed Ordinance
amending Section 6-59(f) by revising the minimum grade
required to pass a Contractors Examination to 70%; providing
for severability; providing for the repeal of all Ordinances
or parts of Ordinances in conflict with this Ordinance; pro-
viding for inclusion in the Code of Ordinances of Monroe
County; and providing for an effective date. Proof of
publication was entered into the record. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
read by title only. Motion carried unanimously. There was
no public input. Motion was made by Commissioner Swift and
seconded by Commissioner Freeman to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 012-1986
See Ord. Book No. 11 which is incorporated herein by
reference.
.--
A Public Hearing was held on a proposed Ordinance
amending Section 17-6, Monroe County Code, in order to
exempt the division of large acreage parcels into two par-
cels from the subdivision requirements; providing for
severability; providing for incorporation in the Monroe
County Code of Ordinances; providing for the repeal of all
Ordinances or parts of Ordinances in conflict with this
Ordinance; and providing for an effective date. Proof of
publication was entered into the record. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
read by title only. Grace Manillo addressed the Board.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to adopt the following Ordinance with
the addition of language, including a time limitation.
ORDINANCE NO. 013-1986
See Ord. Book No. 11 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
FF 138
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Pro Tem Fahrer
Yes
No
Yes
Yes
Motion carried.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to adopt the following Resolution
concerning funds of the State of Florida Conservation And
Recreational Land program (CARL). Roll call vote was unani-
mous.
RESOLUTION NO. 165-1986
See Res. Book No. 50 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to add to the Agenda the matter of
property in Key Largo owned by Mr. Charles Valois as poten-
tial for use as an airport. Motion carried unanimously.
Commissioner Swift discussed this matter briefly. The
matter was then referred to the County Administrator and the
Airport Director.
COUNTY ATTORNEY
County Attorney Proby discussed the Translator
situation and the issuance of the permit for Channel 35
conflicting with Monroe County's use of that same channel.
Mr. Proby advised the Board that the County could proceed
with an appeal of the FAA ruling concerning the allocation
of that channel to a station in Miami and/or pursue the
possibility of obtaining an additional alternate channel and
a rule change which would prohibit the reallocation of chan-
nels utilized by the Monroe County Translator System. This
matter was referred back to the County Attorney for further
information.
Mr. Proby discussed the recent settlement of an
appeal concerning the Marathon Air Services Lease. Motion
was made by Commissioner Swift and seconded by Commissioner
Freeman to adopt the following Resolution approving and
authorizing the Chairman of the Board to execute a
Supplemental Lease Agreement by and between Monroe County,
State of Florida, and Marathon Air Services, Inc.
RESOLUTION NO. 166-1986
See Res. Book No. 50 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Pro Tern Fahrer
Yes
No
Yes
Yes
Motion carried.
SOUNDING BOARD FOR PUBLIC INPUT
Mr. Fenton of Marathon discussed the Marathon
Four-Laning Project as it relates to certain businesses in
the Marathon area. Motion was made by Commissioner Swift to
FF ~39
agenda this item at the next Marathon meeting together with
respresentatives of DOT and businessmen in the area. During
discussion, motion was withdrawn. County Administrator
Lewin was directed to write a letter of concern to Mr. John
Taylor of Florida DOT relative to the effect that the four-
laning will have on certain businesses on the south side of
US II in Marathon.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
extending the moratorium on new and additional signs in
Monroe County, classified as Class "B" signs, as defined in
Section 19-254(B) of the Monroe County Code of Ordinances
until May 24, 1987; establishing an effective date of said
moratorium; providing for two separate Public Hearings for
this Ordinance; providing for severability; repealing all
Ordinances or parts of Ordinances in conflict with this
Ordinance to the extent of said conflict; providing for
inclusion in the Monroe County Code of Ordinances; and pro-
viding for an effective date. Proof of publication was
entered into the record. Motion was made by Commissioner
Swift and seconded by Commissioner Freeman to read by title
only. Motion carried unanimously. Roy Cooper of Legg
Outdoor Advertising addressed the Board. Jeannie De st.
Croix, Chairman of the Highway Beautification Committee,
supported the Ordinance. Betty Wilson, Mary Kilpatrick and
Grace Manillo all supported the proposed Ordinance. Motion
was made by Commissioner Stormont and seconded by
Commissioner Freeman to adopt the following Ordinance, spe-
cifying a period of one hundred twenty days. Roll call vote
was unanimous.
ORDINANCE NO. 014-1986
See Ord. Book No. II which is incorporated herein by
reference.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to appoint a committee, with
Commissioner Stormont serving as the liaison between the
committee and the Board of County Commissioners, consisting
of five members with authority to employ appropriate legal
assistance to develop alternative plans concerning
billboards and to present same back to the County Commission
for their review and action (Commissioner Fahrer appointed
Jeannie De St. Croix; Commissioner Stormont appointed Betty
Wilson; Commissioner Swift appointed Roy Cooper or his
designated representative; Commissioner Freeman appointed
Grace Manillo; and Mayor Harvey will advise the Commission
of her appointment). Roll call vote was unanimous.
.---.
A Public Hearing was held on a proposed Ordinance
amending Section 19-117 of the Monroe County Code in order
to clarify that any extension of non-conforming buildings or
structures shall be in conformance with the current Zoning
Code; providing for severability; providing for inclusion of
this Ordinance in the Monroe County Code of Ordinances; pro-
viding that all Ordinances or parts of Ordinances in
conflict with this Ordinance are hereby repealed to the
extent of any such conflict; and providing for an effective
date. Proof of publication was entered into the record.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to read by title only. Motion carried
unanimously. Betty Wilson of Big Pine Key addressed the
Board concerning the proposed Ordinance. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
FF 140
to continue to the next meeting. Motion carried unani-
mously.
There being no further business, the meeting was
adjourned.
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