06/06/1986 Regular
FF 1.44
Regular Meeting
Board of County Commissioners
Fridays June 6s 1986
Marathon
A Regular Meeting of the Monroe County Board of County
Commissioners convened on the above date at the Marathon
Sub-Courthouse. Present and answering to roll call were
Commissioner Alison Fahrers Commissioner William Freemans
Commissioner John Stormonts Commissioner Edwin Swifts and Mayor
Wilhelmina Harvey. Also present were Danny L. Kolhages Clerk;
Kermit Lewins County Administrator; Lucien Probys 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.
Motion was made by Commissioner Freeman and seconded by
Commissioner Stormont to approve the additions and corrections to
the Agenda. Motion carried unanimously.
The Board was addressed by Pastor Morris O. Wrights of
the Key West Baptist Temples concerning a request a waiver of a
permit fee for construction of living quarters on the church pro-
perty. Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to approve the request for waiver of permit
fee by the Key West Baptist Temple. A roll call vote was taken
with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
No
Yes
Yes
Yes
Yes
Motion carried.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to approve the following items by unanimous
consent:
BULK APPROVALS
Sod a 1 Servi ces
Board approved amendment to 1985-86 Monroe CPHU Contract with
State of Florida Department of Health and Rehabilitative Services
to expand program services as specified in the Contract.
County Administrator
Board approved two days annual leave on June 26 & 27 for County
Administrator Lewin.
Boar~ approved an Agreement between Monroe County and the South
Florlda.E~ployment an~ :raining Consortium concerning employment
and tralnlng opportunltles for the economically disadvantageds
u~e~ploye~s a~d/or underemployed or otherwise meeting the eligi-
blllty crlterla of any program operated under this agreement.
FP-1.45
Board approved, subject to final approval of invoices by the
Finance Department, expenditures of the Monroe County Tourist
Development Fund, for a grand total of $104,565.47.
I1"'C_""-=
FINE & FORFEITURE EXPENDITURES
COURT-APPOINTED ATTORNEYS: Roberta S. Fine, P.A., in
the amount of $181.25; John Rotolo, Esq., in the amount of
$314.16.
COURT REPORTER SERVICES, Associated Court Reporters, in
the amount of $793.10; Juli Barish, in the amount of $75.00;
Serafin Calero, in the amount of $45.00; Elaine L. Carey, in the
amount of $25.00; Florida Keys Reporting, in the amount of
$472.60; Helen L. Hardy and Associates, Inc., in the amount of
$160.00; Manana Reporting, Inc., in the amount of $25.00; Terry
Moran, in the amount of $881.50; Godfrey Payne, in the amount of
$30.00.
WITNESS PAYROLL, Regular Witness Fees, in the amount of
$355.00; Auto Allowance and Travel, in the amount of $39.38.
Board approved the following Warrants:
~~B.B.~!!I~
GENERAL REVENUE FUND, #50861-#51852, in the amount of
$I ,586. 377.33.
SUPPLEMENT TO GENERAL REVENUE FUND, #219, in the amount
of $20,194.42. - -
FINE & FORFEITURE FUND, #490-#491, in the amount of
$900,346.~ -
AIRPORT OPERATION & MAINTENANCE FUND, #352, in the
amount of-$4,697.43. - -
ROAD & BRIDGE FUND, #398-#399, in the amount of
$122,679.gy:- - -
MSD TAX DISTRICT, #332, in the amount of $30,755.49.
MSD-MARINE BANK (MARATHON), #781-#791, in the amount of
$466,495.79.
MSD-PLEDGED FUNDS, #67-#68, in the amount of
$170,028.40.
LAW LIBRARY FUND, #171, in the amount of $1,021.55.
CAPITAL PROJECTS FUND, #145-'148, in the amount of
$79,423.98. -
MONROE COUNTY GROUP INSURANCE, #133-#134, in the amount
of $95,899.45.
CARD SOUND BRIDGE FUND, #126-#127, in the amount of
$73,617.5~ -
WORKMENS COMPENSATION, '1886-#1902, in the amount of
$15,145.35.
$ TOURIST DEVELOPMENT COUNCIL, '250-#252, in the amount of
8,206.73.
TRANSLATOR ~, #106, in the amount of $3,100.74.
FF 146
MONROE COUNTY GULF DRIVE, #03-#04, in the amount of
$4,548.86. ---- -----
FUND #716, #11-#14, in the amount of $191,876.98.
Board approved the following Minutes of meetings of the Board of
County Commissioners: May 1st; May 2nd; and May 8th.
Board adopted the following Resolution transferring funds for the
year 1985-86.
~
RESOLUTION NO. 167-1986
See Resolution Book No. 50 which-r5 incorporated herein by
reference.
Board approved, per staff recommendations, the Application for
Variance to Flood Hazard Ordinance of David F. Bahleda for place-
ment of a mobile home below the 100-Year Flood Elevation and con-
tiguous to the surrounding mobile homes which are not elevated to
the base flood elevation on Lot 28, Block 4, Geiger Mobile Home
Estates, Mars Lane, Geiger Key; Zoned RU-5; Coastal Flood Zone
A-10.
Board approved, per staff recommendations, the Application for
Variance to Flood Hazard Ordinance of Pat Caliguire for the
construction of an 896 square foot enclosure of break-away
construction below the existing single-family residence on Lot
16, Block 3, Key Haven, 10th Addition, Raccoon Key; Zoned RU-1;
Coastal Flood Zone A-10.
Board approved, per staff recommendation, the Application for
Variance to Flood Hazard Ordinance of Mile Marker 82 Limited
Partnership - Cheeca Lodge, for the construction of sixteen (16)
new two-story hotel villa buildings, a new pro shop, an addition
to the existing main lodge, ten (10) existing one-story villas,
and an addition to the existing manager's residence on Parcell,
II, III of Section 32 & 33, Range 63S, 37E, Parts of Government
Lots 1 & 2, Upper Matecumbe Key; Zoned RU-7 and MD; Coastal Flood
Zone A-13 and V-17.
Board approved, per staff recommendation, the Application for
Variance to Flood Hazard Ordinance of John C. Ives for the place-
ment of a mobile home below the 100-Year Flood Elevation and con-
tiguous to the surrounding mobile homes which are not elevated on
Lot 3, Block 19, Sands Subdivision, Avenue B, Big Pine Key; Zoned
RU-5; Coastal Flood Zone A-10.
Board approved, per staff recommendation, the Application for
Variance to Flood Hazard Ordinance of Jack Jacobs for the place-
ment of an additional building of 900 square feet below the
100-Year Flood Elevation and contiguous to the surrounding
buildings on Lot 10, Block C, Marameade Subdivision, US #1, Key
Vaca; Zoned BU-2; Coastal Flood Zone A-13.
ITEMS FOR STAFF COMMENT
Building, Planning! Zoning
Board approved a refund in the amount of $100.00 to Bay Hammock
Land Corporation inasmuch as a Petition for Special Use Approval
was not necessary.
FF 147
Board granted permission to the Building, Planning & Zoning
Department to advertise a proposed Ordinance amending Section
19-96 of the Monroe County Code, entitled Abandoned Watercraft,
to conform with Florida Statutes 705.16(1983), et ~., providing
for notice form, providing for removal, providing for penalty;
providing for severability; providing for inclusion in the Code
of Ordinances of Monroe County, Florida, providing for the repeal
of all Ordinances of parts of Ordinances in conflict with this
Ordinance; and providing for an effective date. The Board
requested that the Zoning Board provide a recommendation of the
definition of "abandoned".
Board granted permission to advertise a proposed Ordinance
amending Section 19-95, entitled "Abandoned Vehicles", of the
Monroe County Code, by reducing the time limit contained therein;
providing for severability; providing for inclusion in the Code
of Ordinances of Monroe County, Florida; providing for the repeal
of all Ordinances or parts of Ordinances in conflict with this
Ordinance; and providing for an effective date.
Board granted permission to advertise a proposed Ordinance
amending Section 19-216.3(a) of the Monroe County Code in order
to allow the sale of animal feed in Bu-1-0 Districts; providing
for severability; providing for inclusion in the Monroe County
Code; providing for the repeal of all Ordinances or parts of
Ordinances in conflict with this Ordinance; and providing for an
effective date.
Board approved, per staff recommendations, the Application for
Permit of John A. Marino to place fill above and below the Mean
High Water Line to construct a vertical seawall at Lot 13, Block
3, Summerland Cove Isles, Summerland Key, Section 35, Township 66
S, Range 28 E; Zoned RU-1.
Board approved, per staff recommendations, the Application for
Permit of Bomar Enterprises to place fill below the Mean High
Water Line for construction of riprap revetment and a wooden dock
on lot 8, Block B, Waloriss Subdivision, Section 5, Township 66
South, Range 32 East, Boot Key; Zoned RU-1.
Board approved, per staff recommendations, the Application for
Permit of Jack Diteman to place fill above and below the Mean
High Water Line for construction of a vertical seawall on Lot 12,
Block 3, Summerland Cove Isles, Summerland Key, Section 35,
Township 66 S, Range 28 E; Zoned RU-1.
Board approved, per staff recommendations, the Application for
Permit of Dr. Felix De la Vega to place fill below the Mean High
Water Line for construction of a seawall on Lot 284, Port
Antigua, Lower Matecumbe Key; Zoned RU-1.
Board approved an amendment to the contract between Monroe County
and Siemon, Larson & Purdy for an additional $70,000.00 in fees
concerning their services rendered as legal consultants on the
Land Use Plan.
~
Board approved an agreement between Monroe County and the
Department of Community Affairs for an additional $31,000.00 in
planning funds.
Social Services
Board approv~d an amendment to Contract #86-1-887 with the Area
Agency on Aglng for Dade and Monroe Counties to decrease the
funds from the Older Americans' Transportation Program from
$74,203.00 to $70,912.00.
FF 148
Board approved the following Resolution authorizing the Mayor and
Chairman of said Board of County Commissioners to execute an
Amendment to Contract #86-3-878 by and between the Board of
County Commissioners of Monroe County, Florida, and the Area
Agency on Aging for Dade and Monroe Counties of United Way, con-
cerning Nutrition Program Title III-C-2.
RESOLUTION NO. 168-1986
See Resolution Book 50 which is incorporated herein by reference.
Board approved the following Resolution of the Board of County
Commissioners authorizing the Mayor and Chairman of said Board to
execute an Amendment to Contract #86-2-878 by and between the
Board of County Commissioners of Monroe County, Florida and the
Area Agency on Aging for Dade and Monroe Counties of United Way,
concerning Nutrition Program Title III-C-1.
RESOLUTION NO. 169-86
See Resolution Book 50 which is incorporated herein by reference.
School Board
Board approved the following Resolution accepting the Deed of
Conveyance from the Monroe County School Board of a portion of
land located in the "Lake Harbor" Subdivision as is described in
copy of said Deed.
RESOLUTION NO. 170-1986
See Resolution Book 50 which is lnCorporated herein by reference.
Tourist Development Council
Board approved a Resolution of the Board of County Commissioners
of Monroe County, Florida, approving and authorizing execution of
a Business Lease by and between the School Board of Monroe
County, Florida and Monroe County Tourist Development Council,
concerning Room #023 of Harris School for storage usage.
RESOLUTION NO. 171-1986
See Resolution Book 50 WhlCh 1S lnCorporated herein by reference.
Board approved the following Resolution exempting and waiving any
prohibitions concerning conflict of interest for the present mem-
bers of the Tourist Development Council.
RESOLUTION NO. 172-1986
See Resolution Book 50 which is incorporated herein by reference.
Building, Planning! Zoning
Board approved the following Resolution of the Board of County
Commissioners of Monroe County, Florida, directing the County
Administrator to refund the sum of Forty-Five Thousand One
Hundred Sixty-Five Dollars ($45,165.00) to Corona Properties of
Florida, Inc., and providing that the same be transferred from
the General Fund Contingency Account.
RESOLUTION NO. 173-1986
See Resolution Book 50 which is incorporated herein by reference.
FF 149
COUNTY CLERK
-
Board approved and executed a Bond naming Ulrich E. "Bubba"
Sweeting as Principal, and Insurance Company of North.America as
Surety, in connection with Governor Bob Graham's appolntment of
Mr. Sweeting as Harbor Master for the Port of Key West.
COMMISSIONER'S ITEMS
-
Commissioner Stormont discussed the Monroe County Sheriff's
deputy stationed at Ocean Reef and the funding for same by the
Ocean Reef Improvement Association. The Board postponed this
matter for two weeks.
Board approved the use of Sombrero Beach Park by the Marathon
Chamber of Commerce on July 4, 1986. The use of the park will
include a fireworks display and the sale of alcoholic beverages.
Board approved Commissioner Stormont's appointment to the Monroe
County Board of Adjustment of Betty Pankau.
Board approved Commissioner Fahrer's appointment to the Monroe
County Board of Adjustment of Jean De St. Croix.
Board approved Mayor Harvey's appointment to the Billboard
Committee of Frank Romano.
Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Tourist Development Council
The Board was addressed by Mrs. Sandy Higgs,
Administrator of the Monroe County Tourist Development Council.
Motion was made by Commissioner Stormont and seconded by
Commissioner Fahrer requesting that the Tourist Development
Council propose an Amendment to the Contract with Keys
Advertising & Marketing, Inc., concerning the proposed approval
of additional costs associated with trade shows. A roll call
vote was unanimous.
BULK APPROVALS
Finance Department
Moti~n ~as made by Commissioner Stormont and seconded by
Commlssloner Freeman to adopt the following Resolutions
concerning the receipt of unanticipated funds for the year
1985-1986. Motion carried unanimously.
RESOLUTION NO. 174-1986
-- RESOLUTION NO: 175-1986
RESOLUTION NO: 176-1986
RESOLUTION NO. 177-1986
RESOLUTION NO. 178-1986
RESOLUTION NO. 179-1986
RESOLUTION NO. 180-1986
RESOLUTION NO. 181-1986
RESOLUTION m:- 182-1986
See Resolution Book No. 50 which is inoorporated herein by reference.
F~150
ITEMS FOR STAFF COMMENT
Building, Planning! Zoning
Commissioner Swift discussed the pending legislation
concerning the funding of the Monroe County Comprehensive Plan.
Mayor Harvey discussed a telephone conversation with Mr. Hugh
Morgan regarding the pending actions of the state legislature on
the funding of the Land Use Plan.
Mr. Charles Siemon addressed the Board and presented a
detailed analysis of the proposed changes in the Land Use Plan by
the Department of Community Affairs.
Mayor Harvey called for a Special Meeting of the County
Commission on June 24, 1986 at 10:00 a.m. at the Key Colony Beach
City Hall. The purpose of the special meeting is to discuss the
proposed changes to the Land Use Plan.
During discussion of the Land Use Plan, the second-grade
class of Sue Moore Elementary School were introduced by their
teacher, Ms. Mary Woolhoit. No further action was taken.
Public Works
...............
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to hear the report on the bids for the
Plantation Key Government Center. Motion carried unanimously.
The Board was addressed by Mr. Bob Harris, of Post,
Buckley, Schuh & Jernigan, Inc. Mr. Harris reported on the bids
and alternates which were received on the Phase I Plantation Key
Government Center project. Motion was made by Commissioner
Stormont and seconded by Commissioner Fahrer to award the bid for
construction of and site work on the Tax Collector's, Property
Appraiser's, and Supervisor of Election's offices in Plantation
Key. Pursuant to Page 1 of a letter from Bob Harris to Public
Works Director Dent Pierce dated June 5, the total amount of the
proposed contract submitted by Hewitt-Kier is $441,461.00.
Additional funding for the project will come from the Tax
Collector's projected excess fees, which will be placed in the
Capital Projects Fund. A roll call vote was taken with the
following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
Yes
Motion carried with Commissioner Swift not present.
Building, Planning! Zoning
Mr. Bill Becker, newscaster for U.S. 1 Radio Station in
Big Pine Key, addressed the Board and played a tape of a conver-
sat!on w!th Repr~sentative Joe Allen, Jr., concerning the
leglslatlve fundlng for the Monroe County Comprehensive Plan.
FF 1.51.
SOUNDING BOARD FOR PUBLIC INPUT
The Board was addressed by Ms. Ruth Ackerman, Chairman
of the Library Development Committee and representing the Monroe
County Library Board, concerning the proposed construction of a
library at the K-Mart site in the Upper Keys. Following Ms.
Ackerman's discussion, she indicated that the Library Board was
requesting an appropriation of $675,000.00 for the construction
of a library in what will be known as the Tradewinds Shopping
Center. This matter was referred to staff.
Mr. John Taylor, of the Florida Department of
Transportation, was present in the audience to address questions
and complaints concerning the four-laning of U.S. Highway 1 in
Marathon from 37th Street West to the Seven Mile Bridge. The
following individuals addressed the Board: Ray Fenton; Eric
Larsen; Fred Caldwell; John Taylor of DOT; Bill Daniels;
Ed Hall, President, Chamber of Commerce; Alan Leach; Julian
Lewis; Joe Ardolino; Jim Lewis; Dusty Durst; Gary Edelman; Derek
Martin-Vegue. Following the citizens' input, motion was made by
Commissioner Fahrer and seconded by Mayor Harvey to call for a
public hearing, at the earliest possible date, for the purpose of
reconsideration of the four-laning project in Marathon from 37th
Street West to the Seven Mile Bridge. A roll call vote was
unanimous.
The Board recessed for lunch.
*
*
*
*
*
The Board reconvened at 2:45 p.m. with all Commissioners
present.
ITEMS FOR STAFF COMMENT
Building, Planning! Zoning
Mr. Charles Siemon again addressed the Board and
completed his analysis of the changes proposed by the DCA to the
Monroe County Comprehensive Plan.
.. Mr. Siemon discussed the proposed scope of services for
addltlonal work to be done concerning the Land Use Plan to be
funded. from mo~ies to b~ received from the Department of
Communlty Affalrs. Motlon was made by Commissioner Swift
seco~ded by Comm~s~ioner Freeman to approve the proposed ~cope of
servlC~s for addl~l?nal work to be done regarding the Land Use
Pl~n wlth the ad~ltlon of the language "including but not limited
to .and also ad~lng to the scope of services "code revision", all
sUbJect,to recelpt of funds from the DCA, also to include an
approprlate contract amendment concerning the agreement between
M?nroe County a~d Mr. Charles Siemon. A roll call vote was taken
wlth the followlng results:
_..
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Motion carried.
Yes
Yes
No
Yes
No
FF 152
PUBLIC HEARINGS
A Public Hearing was held concerning the proposed aban-
donment of a portion of Bow Road and IS-foot alley abutting lots
27, 28, 29 and 30, SUGARLOAF TOWNSITE, Plat Book 3 at Page 180 of
the Public Records of Monroe County. Proof of publication was
entered into the record. There was no public input. Motion was
made by Commissioner Freeman and seconded by Mayor Harvey to
postpone this matter for two weeks. Motion carried unanimously
with Commissioner Fahrer not present.
A Public Hearing was held on a proposed Ordinance con-
cerning abandonment of rights-of-way in Monroe County; providing
for severability; repealing all Ordinances or parts of Ordinances
in conflict; providing for inclusion in the Monroe County Code of
Ordinances; and providing for an effective date. Proof of publi-
cation was entered into the record. Commissioner Fahrer returned
to the meeting. 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 Mayor Harvey to add to
Secti on 1. of the proposed Ordi nance the words "dedi cated and
accepted", and to add to Section 2. the words "in all other cases
abandonment must have agreement of all the property owners on
said right-of-way". Motion carried unanimously. Motion was made
by Commissioner Swift and seconded by Commissioner Freeman to
adopt the following Ordinance as amended.
ORDINANCE NO. 015-1986
See Ordinance Book No. 11 which-r5 incorporated herein by
reference.
A roll call vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Motion carried.
Yes
Yes
No
Yes
Yes
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 garbage ser-
v~ce.fees; providiryg.for certairy documents indicating the
~llllngness and ablllty to obtaln garbage service upon the
l~suance.of an occupational license; providing that no occupa-
tlon~l .llcens~ ~hall be renewed unless garbage fee has been paid;
proVldlng addltlonal procedures for occupational license revoca-
tion; providing for severability; providing for repeal of all
Ordinances in conflict herewith; providing for incorporation 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 Fahrer and seconded by Mayor Harvey to read
by title only. Motion carried unanimously. Lois Stillwell of
Plantation Key and Mike Barr of Key Largo addressed the Board
concerning the Ordinance. Motion was made by Commissioner Fahrer
and seconded by Commissioner Stormont to amend the proposed
Ordinance as follows: in Section 2, paragraph 1, an asterisk is
to be added after lithe business location", with a notation at the
bottom of the page corresponding to the asterisk which reads "or
home location".
FF-153
Section 2 paragraph 2 shall be amended by the insertion of the
words "or'home" after the words "that the building" in the last
sentence in paragraph 2, Section 2. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to adopt the following Ordinance as amended.
Motion carried unanimously.
ORDINANCE NO. 016-1986
See Ordinance Book No. 11 which-r5 incorporated herein by
reference.
A public Hearing was held on a proposed Ordinance of the
Board of County Commissioners of Monroe County, Florida, amending
Section 2-299(F) of the Monroe County Code; providing for severa-
bility; providing for inclusion in the Monroe County Code of
Ordinances; provlding 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 Fahrer and seconded by
Commissioner Stormont to read by title only. Motion carried una-
nimously. Mrs. Sandy Higgs, Administrator of the Monroe County
Tourist Development Council, addressed the Board concerning the
proposed Ordinance. Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to amend the proposed Ordinance
to provide, following the word "revenue" in the last sentence of
Section 1, the words: "of the initial 2% tax". A roll call vote
was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
carried.
No
No
Yes
Yes
Yes
Motion
Motion was made by Mayor Harvey and seconded by Commissioner
Stormont to adopt the following Ordinance as amended.
ORDINANCE 017-1986
See Ordinance Book No. 11 which is incorporated herein by
reference.
A roll call vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Motion carried.
Yes
Yes
Yes
Not Present
Yes
, A P~blic Hearing was held on a proposed Ordinance
am~ndlng Ordl~anc~ No. 27-1985 and No. 24-1984, Ed Swift (Gulf
D~lve) Ro~d.Dlstrlct in order to allow payment of tax anticipa-
tlon certl~lcates out of the County Gas Tax Fund and providing
for the relmburse~e~t of the fund from district special
assessment~; proVldlng for severability; providing for the repeal
of ~ll Ordlnanc~s,or parts of Ordinances in conflict with this
Ordlnance; proVldlng fo~ ~nclusion in the Code of Ordinances of
Monr~e C~unty; and prov191ng for an effective date. Proof of
~ubl~ca~lon was entered lnto the record. Motion was made by
bomm1sfloner Fahrer.and secQnded by Commissioner Freeman to read
.y tlt e on~y. Motlon carrled unanimously. There was no public
lnpu~. ,Motlon was made by Commissioner Fahrer and seconded by
Commlssloner Freeman to adopt the following Ordinance.
ORDINANCE NO. 018-1986
~e~eP~A~Q~nce Book No. 11 which-r5 lncorporated herein by
FF 1.54
A roll call vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Motion carried.
A Public Hearing was held on a proposed Ordinance pro-
viding for voluntary dedications for county purposes; providing
that such voluntary dedications may be treated for density and
area purposes as part of the property from which it is dedicated;
providing for severability; providing for the repeal of all
Ordinances or parts of Ordinances in conflict with this
Ordinance; providng 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 Fahrer 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.
Yes
Yes
Yes
Not Present
Yes
ORDINANCE NO. 019-1986
See Ordinance Book No. 11 which-r5 incorporated herein by
reference.
Roll call vote was unanimous.
ITEMS FOR STAFF COMMENT
Building, Planning! Zoning
Commissioner Swift returned to the meeting and addressed
the Board and the public concerning the current status of the
funding bill in the legislature regarding the Land Use Plan.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
creating a fund entitled IIReserve for Maintenance of Closed
Landfillsll; setting forth the amount of monies to be placed in
said fund and creating an amount to go into the 1986-1987 fiscal
year budget for an initial reserve account of $40,000; creating a
fund known as the IIReserve for Landfill Closurell and creating an
amount to go into the 1986-1987 fiscal year budget for said fund
in the sum of $500,000; providing for the setting of said supple-
ments to said funds each year thereafter and establishing a mini-
mal amount for the IIReserve for Landfill Closurell fund and
establishing a 10-year term therefor; providing that all funds
created by this Ordinance shall be used in compliance with state
and federal requirements exclusively; providing for severability;
repealing all Ordinances or parts of ordinances in conflict
herewith to the extent of said conflict; providing for inclusion
in the Monroe County Code of Ordinances; and providing an effec-
tive date. Proof of publication was entered into the record.
Motion was made by Commissioner Freeman and seconded by Mayor
Harvey to read by title only. Motion carried unanimously. There
was no public input. Motion was made by Commissioner Stormont
and seconded by Commissioner Freeman to amend Section 1,
paragraph (A) of the proposed Ordinance by adding a period after
the word IIDistrictll, and deleting the remainder of the sentence.
Motion carried unanimously with Commissioner Fahrer not present.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to continue to the County Commission meeting
of June 20, 1986. Motion carried unanimously.
FP- 155
A Public Hearing was held on a proposed Ordinance
amending Section 19-117 of the Monroe Cou~ty Co~e ~n order to
clarify that any extension of non-conformlng bUlld~ngs or struc-
tures shall be in conformance with the current Zonlng Code; pro-
viding for severability; providing for inc~usion of thi~ .
Ordinance in the Monroe County Code of Ordlnances; provldlng that
all Ordinances or parts of Ordinances in conflict with this ,
Ordinance are hereby repealed to the extent of any ~uch,confllct;
and providing for an effective date. Proof of pu~ll~atlon w~s
entered into the record. Motion was made by Commlssloner SWlft
and seconded by Commissioner Fahrer to read by title only.
Motion carried unanimously. There was no public input. Motion
was made by Commissioner Fahrer and seconded by Commissioner
Freeman to approve the Ordinance. During discussion, the motion
was withdrawn. Motion was made by Mayor Harvey and seconded by
Commissioner Freeman to continue to the County Commission meeting
of June 20, 1986. Motion carried unanimously.
COUNTY ATTORNEY
Mr. Frank Shortman of the Translator Board addressed the
Board concerning the need to issue tax anticipation notes for the
purpose of making the final payment on the Translator System.
Motion was made by Mayor Harvey and seconded by Commissioner
Freeman to authorize the County Attorney to seek bids from tax
anticipation notes, in the amount of $350,000.00 for the
Translator Fund. A roll call vote was unanimous.
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Building, Planning! Zoning
Motion was made by Commissioner Stormont and seconded by
Commissioner Fahrer to approve a refund in the amount of $45.00
to Peter Abrahamsen inasmuch as a calculation error was made by
the Building Department in computing a fee for a Permit. Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Swift to approve, per staff recommendations, the
A~plication for V~riance to the Flood Hazard Ordinance of Henry
Plnder and Jay Frlns for the placement of a Sporting Goods Retail
Store below the 100-Year Flood Elevation on Lot 1, Block 2,
Fontaine Lake Estates, Old State Road, Plantation Key; Zoned
BU-1; Coastal Flood Zone A-13. Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Ai rport
, . Motion was made by Commissioner Fahrer and seconded by
Commlssloner Freeman to postpone for two weeks the advertisement
of a,proposed Ordinance amending the Monroe County Code to add
Sectlon 2.2 concerning an Airport Transportation Franchise.
Motion carried unanimously.
Building, Planning! Zoning
. Mr. Charles Pattison, Director of Building, Planning &
Zonlng, addressed the Board concerning his meeting with the
Cont~ac~orls License Examining Board. Motion was made by
Commlssloner Stormont and seconded by Commissioner Swift to
aut~orize the.p~eparation and advertisement of a proposed
Ordlnance revlslng the Monroe County Building Code. Motion
carried unanimously.
FF 156
Mr. Pattison discussed the memo which he had written to the Board
regarding his discretionary authority on major-development
designations. Motion was made by Commissioner Fahrer to direct
the County Attorney to prepare an Ordinance incorporating the new
densities of the Land Use Plan and authorizing the Director of
the Building, Planning & Zoning Department to use these densities
in making decisions on major developments. Motion died for lack
of a second.
Pastor Knox, of the Big Pine Christian Center, addressed
the Board concerning his request for waiver of permit fees for
the construction of a facility on church property. Motion was
made by Commissioner Fahrer and seconded by Commissioner Freeman
to postpone consideration of this request for two weeks and
requested that Pastor Knox confer with Billy Wagner, Civil
Defense Director, to discuss requirements for hurricane shelters.
Motion carried unanimously.
SOUNDING BOARD FOR PUBLIC INPUT
Mayor Harvey informed the Board that the Special Meeting
previously scheduled for this date to follow the County
Commission meeting, would take place on June 24, 1986, at 9:00
a.m., at the Marathon Sub-Courthouse instead of the Key Colony
Beach City Hall, as was previously announced. The Special
Meeting called for June 24 will be for the purpose of discussing
the Land Use Plan. The following individuals addressed the Board:
Al Damron, of Real Estate Action Council of Monroe County, Inc.; Mike Bar
Sandy Barrett, who presented information analyzing the Department
of Community Affairs' changes to the Land Use Plan.
The Board was also addressed by Mike Fagin; Bill Smith,
of the Florida Keys Contractors' Association; Sandy Barrett;
John Dutton, of Toll Gate Shores; Gene Lyton; Lois Stillwell, and
Marie Landry.
The Board returned to the regular County Commission
meeting.
ITEMS FOR STAFF COMMENT
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Public Works
. . Motion was made by Commissioner Fahrer and seconded by
Commlssloner Freeman authorizing the Public Works Department and
the ~ounty's consultin~ engineers, Post, Buckley, Schuh &
Jernlgan, to proceed wlth the advertisement for paving only on
MID-KEYS ROADS II, and KEY VACA ROADS IV. Motion carried
unanimously.
Extension Services
. ,Motion was made by Commissioner Fahrer and seconded by
Commlssloner Freeman to approve the award of bids for the
following Daybeacon projects to Frank Keevan & Son:
FF 157
PROJECT NAME
Hammer Point Harbor Entrance,
Key Largo
Entrance to Marathon Park,
Marathon
Ramrod Key Approach,
Ramrod Key
Saddlebunch Harbor,
Big Coppitt Key
Vaca Cut, Marathon
AMOUNT OF BID
$4,460.00
$3,780.00
$2,460.00
$17,700.00
$3,687.00
Gulf Entrance to Whale
Harbor, Windley Key
$7,870.00
COUNTY ADMINISTRATOR'S REPORT
County Administrator Lewin advised the Board that he had
received two proposals for painting to be done at the Courthouse;
one proposal was in the amount of $8,700:00, and the other propo-
sal was in the amount of $8,797.00. Motlon was made by
Commissioner Fahrer and seconded by Commissioner Freeman to award
the bid for painting at the Courthouse to the low bidder, who was
CVL, Inc. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to authorize the transfer from the
Contingency Fund the amount of $45,165.00 for the purpose of
refunding the permit fee in the Corona case. A roll call vote
was unanimous.
~'-'--~
County Administrator Lewin advised the Board that the
county's consulting engineer for the Translator System, Mr. Henry
Naubereit, is requesting an increase in his fee from $350.00 to
$500.00 per month. The Board requested that Mr. Naubereit pro-
vide a letter concerning a status report for work that he is
doing in connection with the Translator System.
Motion was made by Commissioner Fahrer and seconded by
Commissioner to approve the bill for legal services from Vernon &
Bowling in the amount of $2,684.21 regarding the matter of
Caraway v. Monroe County. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to approve the payment of Invoice No. 14133,
submitted by Post, Buckley, Schuh & Jernigan, Inc., in the amount
of $1,917.41 for services rendered in connection with the
Plantation Key Government Center. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to approve payment of Invoice #15103, to
Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,053.45
for services rendered in connection with the Plantation
Government Center. Motion carried unanimously.
. . Motion was made by Commissioner Fahrer and seconded by
Commlssloner Freeman to approve payment of Invoice #15101, to
Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,183.41
for services rendered in connection with the Jail Expansion and
Justice Building. Motion carried unanimously.
FF 158
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to approve payment of Invoice #15102 in the
amount of $30,075.99, to Post, Buckley, Schuh & Jernigan, Inc.,
for services rendered in performance of road work during the
month of April, 1986. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to approve payment of Invoice #15104 in the
amount of $6,120.24 to Post, Buckley, Schuh & Jernigan, Inc., for
services rendered regarding the Supervisor of Elections's Office
in Plantation Key. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to approve a library grant in the amount of
$7,268.00. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to authorize the use of Higgs Beach by the
Key West Jaycees on July 5, 1986. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to approve the payment of legal fees to the
firm of Culverhouse and Dent in the respective amounts of $245.10
and $390.00 for services rendered in the matter of the lawsuit
concerning the school funding formula. Motion carried unani-
mously.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to authorize Mayor Harvey or her designee to
meet with Mr. John Dent and a representative of the Monroe County
School Board to discuss the school funding issue. A roll call
vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Motion carried.
Yes
Yes
No
Yes
Yes.
County Administrator Lewin advised the Board that the
staff had examined the Valois property, and found that it would
be unsuitable for an airstrip.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to authorize the transfer from the Road and
Bridge Contingency Fund the amount of $50,000.00 for street
lighting. A roll call vote was unanimous.
County Administrator Lewin discussed the helicopterl
ambulance service which was being utilized on a trial basis with
Metro Dade County. Mr. Lewin indicated that Metro Dade was
desirous of the Board of County Commissioners assuming respon-
sibility for the bad debts in connection with the
helicopterlambulance service. Motion was made by Commissioner
Fahrer and seconded by Commissioner Freeman to authorize the pre-
paration of an agreement between Monroe County and Metropolitan
Dade County for the purpose of jointly funding the bad debts
incurred on the helicopterlambulance service now being provided
to the keys. Motion carried unanimously.
COMMISSIONER1S ITEMS
The Board was addressed by Commissioner Fahrer and Mr.
Reggie Paros, Director of Emergency Services. Mr. Paros
discussed a program to recognize volunteers, and indicated that
he would be instituting a IIVolunteer of the Monthll program. No
further action was taken.
FF 159
COUNTY CLERK
Danny L. Kolhage, Clerk, advised the Board that he was
in receipt of a bid for computer services after the time limit for
receipt of bids had passed. Motion was made by Commissioner
Swift and seconded by Commissioner Freeman to waive the irregu-
larity and authorize the Clerk to open the bid and refer same to
the evaluation committee. Motion carried unanimously. The bid
was submitted by Computer Keys, in the amount of $193,777.50.
The Clerk advised the Board that he was in receipt of
three bids on the Higgs Beach project that remained unopened.
Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer directing the Clerk to open these bids and
refer them to Mr. Lewin and Public Works Director Dent Pierce who
would make a report to the Board and request that the bidders
make presentations at the County Commission meeting of June 20.
Motion carried unanimously. The bids were submitted by Food
Service Management Systems of Florida, Tropical Sailboats, Inc.,
and Sunset Watersports, Inc.
COMMISSIONER'S ITEMS
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Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to authorize any County Commissioner to tra-
vel to the NACO Convention in Reno, Nevada from July II--July 15,
1986, and appointing Mayor Harvey as the delegate to said conven-
tion with Commissioner Swift as alternate. Motion carried
unanimously.
Motion was made by Commissioner Swift and seconded by
Mayor Harvey to appoint the following individuals to the Key West
and Monroe County Citizen's Commission for the U.S.
Constitutional Bicentennial Observance: Lt. Comm. Jerry Bever;
Sandy Balla~d; Joan Dwyer; Paula Eid; Andrea Spottswood; Frank N.
Romano; DaVld S. TAckett; Linda Jones, Jean Sanford; Grant E.
Spradling; Jace Hobbs; Mark Moss; Minna Post Peyser; and, Polly
Siwek. Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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