09/19/1986 Regular
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Regular Meeting
Board of County Commissioners
Friday, September 19, 1986
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 8:30 a.m. on the above date
in Courtroom "B" in Key West. Present and answering to roll
call were Commissioner Alison Fahrer, Commissioner William
Freeman, Commissioner John Stormont, and Mayor Wilhelmina
Harvey. Absent from the meeting was Commissioner Edwin
Swift. Also present were Danny L. Ko1hage, C1erk~ Lucien
Proby, County Attorney~ Kermit Lewin, County Administrator~
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 to and
deletions from the Agenda. Motion was made by Commissioner
Fahrer and seconded by Commissioner Freeman to approve the
amendments to the Agenda. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve the following items by
unanimous consent:
BULK APPROVAL
Board approved payment of the following Fine and Forfeiture
Expenditures:
FINE & FORFEITURE EXPENDITURES
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Mark N.
Goldberg, M.D., in the amount of $185.00~ Richard Hellmann,
Ph.D., in the amount of $640.00~ John P. Mihalovich, Ph.D.,
in the amount of $250.00~ Tanju T. Mishara, Ph.D. in the
amount of $750.00~ A. Louis O'Connor, Ph.D., in the amount
of $500.00~ James Stewart, M.D., in the amount of $1,750.00.
COURT-APPOINTED ATTORNEYS, Roberta S. Fine, in the
amount of $415.00~ William Kuypers, in the amount of
$3,294.75~ Jeffrey B. Meyer, in the amount of $912.50~ John
P. Rotolo, in the amount $545.83~ Joseph B. Wo1kowsky, in
the amount of $277.50.
OTHER EXPENSES AND COSTS, George Martin-Trigona, in
the amount of $402.70.
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COURT REPORTER SERVICES, Florida Keys Reporting, in
the amount of $70.00~ Manana Reporting, Inc., in the amount
of $51.60~ Terry Moran, in the amount of $1,982.30~ National
Reporting Service, in the amount of $40.00~ Joe Troiana,
Inc., in the amount of $192.50.
COURT INTERPRETER SERVICES, Juan Borges, in the
amount of $360.00~ Serafin Calero, in the amount of $25.00~
Elizabeth Diaz, in the amount of $95.00~ Stephen E. Moore,
in the amount of $25.00.
EXPERT WITNESS FEES, Guillermo D. Marcovici, M.D.,
in the amount of $1,350.00:-
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WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of $1,682.28~ Regular Witness Fees, in the amount of
$110.00.
Board approved the following Warrants:
WARRANTS
GENERAL REVENUE FUND, t57228-t57930, in the amount
of $1,079,575.88.
GENERAL REVENUE FUND, Barnett Bank/FRS, 1156, in
the amount of $78,167.26.----
SUPPLEMENT TO GENERAL REVENUE FUND, t230, in the
amount of $53,376.08:-
FINE & FORFEITURE FUND, t511-t513, in the amount of
$44,014.80:-- -
AIRPORT OPERATION & MAINTENANCE FUND, t367, in the
amount of $19,992.83.
ROAD & BRIDGE FUND, 1412, in the amount of
$60,640.6~ - ----
MSD TAX DISTRICT, 1346, in the amount of
$49,580.4~ ---
MSD, Marine Bank, Marathon, 1835-1839, in the
amount of~26,569.64.
LAW LIBRARY FUND, t181, in the amount of $527.01.
CAPITAL PROJECTS FUND, 1164-t165, in the amount of
$162,334.67. ----
MONROE COUNTY GROUP INSURANCE, t149-1150, in the
amount of $4,964.21.
CARD SOUND BRIDGE FUND, *140, in the amount of
$9,388.84:--- ----
WORKMEN'S COMPENSATION, t1989-t1999, in the amount
of $17,645.56.
TOURIST DEVELOPMENT COUNCIL, 1279-t282, in the
amount of $193,702.84.
TRANSLATOR FUND, 1118, in the amount of $5,648.92.
FUND 715, MARINERS HOSPITAL, t10, in the amount of
$13,000.00.
FUND 716 SPECIAL TAX DISTRICT, PLANNING, BUILDING,
CODE ENFORCEMENT, 126, in the amount of $118,822.34.
Board authorized Tourist Development Council expenditures in
the amount of $3,853.40, subject to final approval of
invoices by the Finance Department.
Board authorized Tourist Development Council expenditures in
the amount of $234.25, subject to final approval of invoice
by the Finance Department.
Board adopted the following Resolution concerning receipt of
unanticipated funds for the year 1986.
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RESOLUTION NO. 284-1986
See. Res. Book No. 53 which is incorporated herein by
reference.
Board adopted the following Resolution concerning receipt of
unanticipated funds for the year 1986-87.
RESOLUTION NO. 285-1986
See Res. Book No. 53 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds
for the year 1985-86.
RESOLUTION NO. 286-1986
See Res. Book No. 53 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
an Airport Agreement by and between the County of Monroe
and The Airport Gift Shop concerning space at the Key West
International Airport for a gift shop.
RESOLUTION NO. 287-1986
See Res. Book No. 53 which is incorporated herein by
reference.
Planning, Building ~ Zoning
Board granted permission to hire a contract employee on a
part-time basis, with salary to be paid from the 9J-10 DCA
Grant Account, and authorized the Mayor to execute the
contract after approval by the County Attorney's office.
Board authorized annual leave for Charles Pattison,
Director, for October 17, 1986 and December 22-December 29,
1986.
Social Services
Board authorized payment to Lopez Funeral Home in the amount
of $450.00 for the Pauper Burial of Jacob D. Murphy.
Board authorized ratification of an Admission Agreement
dated August 1, 1986, between Katharine W. O'Leary, Bayshore
Manor resident, and Monroe County.
Board authorized payment to Key West Undertaking Company in
the amount of $385.00 for the Pauper Burial of John Doe,
Black Male.
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Extension Service
Board awarded bid for the installation of Daybeacons to mark
Layton Channel, Long Key, to Frank Keevan & Son, Inc. in the
amount of $5,120.00 and authorized preparation and execution
of necessary contract documents.
Board awarded bid for the installation of Daybeacons to mark
Toppino Channel, Summer1and Key, to Frank Keevan & Son, Inc.
in the amount of $3,477.00 and authorized preparation and
execution of necessary contract documents.
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Civil Defense
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board to execute an Agreement by and
between the State of Florida Department of Community Affairs
and the County of Monroe concerning Radiological Emergency
Preparedness.
RESOLUTION NO. 288-1986
See Res. Book No. 53 which is incorporated herein by
reference.
COUNTY ATTORNEY
Board approved Barnett Bank's proposed interest rate of
6.90% for the coming year concerning Cross Key Waterways
Special Road District Account - Promissory Note and Tax
Anticipation Warrant, $200,000.00 dated September 12, 1983,
Principal Balance: $160,000.00.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board to execute an Addendum to
Agreement by and between the Board of County Commissioners
of Monroe County and the Guidance Clinic of the Middle Keys,
Inc. concerning an increase in funding for Baker Act
Services.
RESOLUTION NO. 289-1986
See Res. Book No. 53 which is incorporated herein by
reference.
Board adopted the following Resolution setting date, time
and place for Public Hearing for the proposed abandonment of
a portion of Driftwood Drive, Key Haven, Monroe County.
RESOLUTION NO. 290-1986
See Res. Book No. 53 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board to execute a Business Lease by and
between the Board of County Commissioners of Monroe County
and Mark Armantrout concerning the Snack Bar at the Public
Service Building.
RESOLUTION NO. 291-1986
See Res. Book No. 53 which is incorporated herein by
reference.
COMMISSIONERS' ITEMS
Board approved Commissioner Freeman's appointment of Mary
Kay Reich to the Planning Commission.
Board approved Commissioner Fahrer's appointment of Jeanne
De St. Croix to the Planning Commission.
Board acknowledged receipt of information from the Public
Service Commission concerning franchise financial matters.
Board adopted a Proclamation proclaiming the week of October
5-11, 1986 as MONROE COUNTY DRUG ABUSE EDUCATION AND
PREVENTION WEEK.
Board authorized execution of a Contract with Florida
Department of Community Afairs and a Grant Amendment con-
cerning the Domestic Abuse Center.
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Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Planning, Building ~ Zoning
Charles Pattison, Director, discussed a Water
Quality Study. Andy Hooten, Staff Biologist, addressed the
Board concerning proposals received to conduct a Water
Quality Study. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to authorize Staff to nego-
tiate with the firm of International Marine Research, Inc.
and to adopt the following Resolution authorizing the Mayor
of Monroe County to execute a Grant Agreement between the
State of Florida Department of Environmental Regulation and
Monroe County for funds to conduct Water Quality Studies.
Roll call vote was unanimous.
RESOLUTION NO. 292-1986
See Res. Book No. 53 which is incorporated herein by
reference.
Mr. Hooten discussed the work done on Stock Island
to protect the Stock Island Tree Snails and presented the
Commissioners and certain staff members with Certificates of
Appreciation.
Bob Herman, Building Official, addressed the Board
concerning the situation involving the processing of per-
mits. Motion was made by Mayor Harvey and seconded by
Commissioner Freeman that all applications for permits in
the rejected status be notified by October 1st that they
will be allowed four days in which to satisfy any possible
defects in the Permit Applications. Roll call vote was una-
nimous.
Mr. Herman advised the Board that he would provide
a written report on the theft at Plantation Key Government
Center.
COUNTY ATTORNEY
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to authorize the adver-
tisement of a proposed Ordinance amending Monroe County Code
Section 12-22 concerning an Occupational License Tax for
rental units, subject to a confirmation of the wording by
Harry F. Knight, Tax Collector. Motion carried unanimously.
COMMISSIONERS' ITEMS
Jim Aultman and Joe Bell of the Contractors License
Examining Board addressed the Board concerning Class C air-
conditioning licensees. This matter was referred back to
County Attorney Proby and the Contractors License Examining
Board.
ITEMS FOR STAFF COMMENT
Planning, Building ~ Zoning
Charles Pattison, Director, discussed the proposed
Trade Winds Plat. Mr. Kotey of K-Mart addressed the Board
concerning the Plat. Motion was made by Commissioner
Stormont and seconded by Commissioner Freeman that in satis-
faction of Condition No. 2 of the Development Order for the
K-Mart Property, the Board of County Commissioners accepts
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118
in premise the vacation of the Plat as required by the
Development Order and indicated that it will accept the
official Re-P1at after approval by the Zoning Board. Roll
call vote was unanimous with Mayor Harvey not present.
Mr. Pattison discussed fees under the new Plan.
Mr. Tupper, Development Review Coordinator, discussed a pro-
posed Ordinance concerning a new fee schedule.
Mr. Pattison addressed the Board and advised them
of the participation at the Public Meetings held concerning
the Land Use Plan. Mr. Pattison discussed the Plan
Implementation Contract with the Department of Community
Affairs.
Mr. Pattison then asked for clarification of the
terms of the Planning Commission members. The Board, by
lot, assigned the following terms to each Commissioner's
appointee:
Commissioner Freeman
Commissioner Stormont
Commissioner Fahrer
Mayor Harvey
Commissioner Swift
2-year appointment
2-year appointment
I-year appointment
2-year appointment
1-year appointment
Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to approve Mike Barr's
proposed correction to the Land Use District Maps for Rock
Harbor Trailer Park. Motion carried unanimously.
Social Services
Louis LaTorre, Director, discussed proposals
received for the construction of fifty vaults for pauper
burials in the Key West City Cemetery and advised the Board
that the following proposals had been received:
Gregory Garcia
820 Simonton Street
Key West, Florida
$20,094.00
Gulf Construction Co.
Post Office Box 730
Key West, Florida
$18,700.00
Francisco Dominguez
3212 Flagler Avenue
Key West, Florida
$17,500.00
Mr. LaTorre recommended the award to the low bidder,
Francisco Dominguez. Motion was made by Commissioner
Freeman and seconded by Commissioner Stormont to approve the
recommendation of Director LaTorre and award the proposal
for the construction of fifty vaults for pauper burials in
the Key West City Cemetery to Francisco Dominguez in the
amount of $17,500.00. Motion carried unanimously.
Emergency Services
Reggie Paros, Director, addressed the Board con-
cerning the proposals for a Fire Protection Master Plan. He
advised the Board that the firms of Varley-Campbell &
Associates, Inc. and Fire & Safety Specialists, Inc. were
present to proceed with interviews, but that Dr. Braxton had
indicated that he could not be present for interviewing.
The Board then proceeded to hear the presentations of Mr.
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White from Fire & Safety Specialists, Inc. and Messrs.
Varley and Campbell of Varley-Campbell & Associates, Inc.
The Board proceeded to vote under the Competitive
Negotiations Act with the Number One selection receiving the
Number One ranking and the low point total as the selected
Consultant. The Clerk tabulated the votes which were as
follows:
Varley-Campbell & Associates, Inc.
Fire & Safety Specialists, Inc.
5 Points
7 Points
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to authorize Staff to negotiate a
contract with Varley-Campbell & Associates, Inc. for Fire
Protection Master Planning Consultant Services. Motion
carried unanimously.
SOUNDING BOARD FOR PUBLIC INPUT
Mr. Gillis addressed the Board concerning problems
with the Para-Sail Lease at the County Beach. This matter
was referred to the County Attorney.
ITEMS FOR STAFF COMMENT
Municipal Service District
Charles Aguero, Director, addressed the Board con-
cerning a request from the City of Layton to lease the
County's chipper. He indicated that he would approve and
recommend such a lease. Motion was made by Commissioner
Fahrer and seconded by Commissioner Freeman authorizing the
County Attorney to prepare an Inter1oca1 Agreement between
the County and the City of Layton for the use of the
chipper, with the necessary insurance coverages and hold-
harmless agreements. Motion carried unanimously.
Mr. Aguero discussed a clean-up activity following
a fire on Sugar10af Key on property owned by Mr. Lloyd Good.
Mr. Aguero recommended that Mr. Good be granted a 50% reduc-
tion in the tipping fees for the purpose of this clean-up.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to deny the request based upon previous
actions of the Board on similar requests. Roll call vote
was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
No
Motion carried.
Mr. Aguero discussed the advertisement for con-
sulting services for a Feasibility Study on Solid Waste
Disposal in the Keys, to be funded through the Department of
Community Affairs. Motion was made by Commissioner Stormont
and seconded by Commissioner Freeman to appoint a screening
committee consisting of Howard Tupper, Development Review
Coordinator, a DCA representative, and Charles Aguero, MSD
Director, to screen potential applicants for the Feasibility
Study. Motion carried unanimously.
COUNTY ADMINISTRATOR
Kermit Lewin, County Administrator, addressed the
Board concerning the current concession at Higgs Beach and
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the present lease. Motion was made by Commissioner Fahrer
and seconded by Commissioner Freeman to authorize the pre-
paration of a one-year lease with a sixty-day cancellation
clause with the present lessee at Higgs Beach. Motion
carried unanimously.
Mr. Lewin discussed the Navy Animal Control
Contract and recommended that it be increased from $200.00
to $250.00 per month. Motion was made by Commissioner
Freeman and seconded by Commissioner Fahrer to approve the
Animal Control Contract with the United States Navy at the
rate of $250.00 per month. Motion carried unanimously.
County Administrator Lewin discussed the Emergency
Generator Bid and the approval of the construction of the
building to house the generator. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
accept the bid of Frank Keevan & Son, Inc. for the electri-
cal and mechanical work concerning the Emergency Generator
in the amount of $78,300.00, to be funded in the next fiscal
year. Roll call vote was unanimous.
Mr. Lewin dicussed his current negotiations with
AT&T and Southern Bell and proposals for the upgrading of
the County's telephone systems. Mr. Lewin recommended that
the AT&T 0250 and 0750 Systems be used. Mr. Charles Acheson
of the County Staff discussed a report concerning the
telephone system. Motion was made by Commissioner Fahrer
and seconded by Commissioner Freeman to accept the AT&T pro-
posal for the upgrading of the County's telephone system.
Roll call vote was unanimous.
Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to authorize payment to Risk
Control Associates in the amount of $393.75. Motion carried
unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to authorize payment of invoices
from Post, Buckley, Schuh & Jernigan, Inc. in the amount of
$2,488.09 and $80.37. Motion carried unanimously.
Mr. Lewin discussed Group Insurance Rates. Motion
was made by Commissioner Fahrer and seconded by Commissioner
Stormont to increase the Dependent Coverage Deduction to
$98.00 per month and also to rescind the Board's previous
action concerning the increase in the deductible and reduc-
tion of benefits. Roll call vote was unanimous.
COUNTY CLERK
Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to adopt the following
Resolution concerning receipt of unanticipated funds.
Motion carried unanimously.
RESOLUTION NO. 293-1986
See Res. Book No. 53 which is incorporated herein by
reference.
The Clerk dicussed bids regarding surplus equip-
ment. He advised the Board that he had received a bid from
Mr. Ron Russell in the amount of $1.00 each for the
following Calculators: 0202-25, 0204-1, 0202-33, 0202-34,
2101-83, 0204-27, 2101-88, 0201-1, 2101-93, and 2101-86 for
a total of $10.00~ and had also received a bid from Mr.
Ralph Arias in the amount of $10.00 for a 1973 Dodge
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Ambulance, 1845-1. Motion was made by Commissioner Freeman
and seconded by Commissioner Stormont to approve the bid
from Mr. Ron Russell. Motion carried unanimously.
COUNTY ATTORNEY
The County Attorney discussed the request from
Budget Rental Car for a lease at the Key West International
Airport. This matter was referred to the County Attorney
and the Airport Director.
The County Attorney advised the Board that the exe-
cution of the purchase contracts for the property at the
corner of Southard and Whitehead Streets and a request by
the owners for 7% interest on the unpaid balance would be
deferred for consideration to the October 3rd meeting at the
request of the owners of the property.
Mr. Proby discussed the Tropical Sailboats and
Para-Sail Leases.
Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to authorize payment of a
bill from Vernis & Bowling in the amount of $2,528.11.
Motion carried unanimously.
Mr. John Dutton addressed the Board concerning Toll
Gate Shores. This matter was deferred until later in the
day.
COMMISSIONERS' ITEMS
Commissioner Stormont discussed the memorandum he
had issued concerning certain provisions of the Land Use
Plan.
Commissioner Stormont discussed the request for a
Change Order at the Plantation Key Tax Collector/property
Appraiser's Building. Motion was made by Commissioner
Stormont and seconded by Commissioner Freeman to approve a
Change Order concerning tile at the Plantation Key Tax
Collector/Property Appraiser's Building, using excess fees
from the Tax Collector as a funding source. Motion carried
unanimously.
COUNTY CLERK
After receiving further information concerning the
proposal from Mr. Arias for the purchase of a 1973 Dodge
Ambulance, 1845-1, motion was made by Commissioner Freeman
and seconded by Commissioner Stormont to accept the proposal
from Mr. Ralph Arias to purchase one 1973 Dodge Ambulance,
1845-1, for the sum of $10.00. Motion carried unanimously.
COUNTY ADMINISTRATOR
Mr. Lewin advised the Board that Mr. Stacer was in
the process of preparing a full report on Toll Gate Shores,
but indicated that in his opinion, a violation did exist.
There was no further action.
COMMISSIONERS' ITEMS
Commissioner Stormont discussed the previous
actions of the Board of County Commissioners concerning cer-
tain Animal Shelter fees. Motion was made by Commissioner
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Stormont and seconded by Commissioner Freeman to establish,
as a directive of the Board, the necessity and requirement
to more accurately collect and account for certain fees at
the Animal Shelters. Motion carried unanimously.
Commissioner Stormont discussed impact fees under
the Land Use Plan and the need for Ordinances. Motion was
made by Commissioner Stormont and seconded by Commissioner
Freeman to officially adopt the impact fees by Ordinance.
During discussion, the motion was withdrawn. It was indi-
cated that this matter would be covered by the Curative
Ordinance currently being advertised.
The Board discussed the need for the extension of
the Contract with Upper Keys Marine Construction Company for
the Dodge Lake Ramp. Motion was made by Commissioner Fahrer
and seconded by Commissioner Freeman to extend the Contract
of Upper Keys Marine Construction Company for the construc-
tion of a ramp at Dodge Lake for seventy days. Motion
carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to adopt the following
Resolution authorizing and approving the execution of the
Florida Boating Improvement Program Development Project
Agreement with the State of Florida Department of Natural
Resources for the Dodge Lake Ramp.
RESOLUTION NO. 294-1986
See Res. Book No. 53 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Mayor Harvey
No
Yes
Yes
Yes
Motion carried.
The Board then discussed appointments to the Land
Authority. Mayor Harvey appointed Sandy Sprunt.
Commissioner Stormont appointed Jay Miller. The Clerk
advised the Board that Commissioner Swift's appointment was
Jose Gonzalez. The other Board members indicated that their
appointments would be made at the next meeting. Motion was
made by Commissioner Stormont and seconded by Commissioner
Freeman to approve the foregoing nominations to the Land
Authority. Motion carried unanimously.
Mr. Pattison discussed and distributed to the Board
some criteria which could be used for the position of the
Executive Director to the Land Authority. Motion was made
by Commissioner Stormont and seconded by Commissioner
Freeman to authorize the advertisement for the position of
Interim Director of the Land Authority. Roll call vote was
unanimous.
PUBLIC HEARINGS
A Public Hearing was then held on a proposed
Ordinance relating to control of animals within Monroe
County~ repealing certain Ordinances currently in force~
providing the authority and purpose of the Ordinance~ pro-
viding definitions~ providing for the construction and main-
tenance of animal pounds and fees for impounded animals~
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requiring the vaccination of dogs and cats~ requiring the
licensing of dogs and cats~ providing for license fees~ pro-
viding for collection and use of revenues in connection with
licensing~ providing certain discounts for 1icensing~ prohi-
biting animals at large from public and private property~
providing for control of fierce, dangerous and vicious ani-
ma1s~ prohibiting animals which constitute nuisances~ pro-
viding for confinement of female dogs and cats in heat~
providing for curbing of dogs~ providing for disposal of
impounded animals and animals which constitute a nuisance~
requiring confinement of fierce, dangerous and vicious ani-
mals~ providing for seizure of animals by private property
owners and tenants~ providing for impoundment and disposal
of animals delivered to the Department of Animal Control~
prohibiting luring, enticing, seizing, molesting or teasing
anima1s~ providing for enforcement of the Ordinance~ pro-
viding for fines for violation of the Ordinance~ prohibiting
interference with the enforcement of this Ordinance~ pro-
viding for quarantine of certain anima1s~ providing for
impoundment and treatment of sick and injured anima1s~ pro-
viding for disposal of dead anima1s~ providing for disposi-
tion of unredeemed dogs~ restricting number of cats and
dogs~ excepting application of licensing for greyhounds and
other dogs~ prohibiting livestock in certain zones~ pro-
viding for rules and regulations under the Ordinance~ pro-
viding for construction of Ordinance provisions~ providing
for area of enforcement~ providing for severabi1ity~
repealing all Ordinances or parts of Ordinances in conflict
herewith to the extent of said conflict~ providing for
inclusion in 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 Commissioner Freeman to read by title only.
Motion carried unanimously. The following people addressed
the Board concerning the proposed Ordinance: Kevin White,
Gene Lytton, Marilyn Ibanez, Grace Manillo, Geraldine
Voight, Vernon Julson, Bess Swallow, Marie Landry, Elaine
Swenson, Art Espinola, Bill Causey, Ellen Olsen. Motion was
made by Commissioner Stormont and seconded by Commissioner
Freeman to amend Page 17 of the proposed Ordinance by adding
the following sentence thereto: "Any number of birds may be
kept as long as they are humanely and adequately cared for."
Roll call vote was unanimous. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
continue to the next meeting. Motion carried unanimously.
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A Public Hearing was then held on a proposed
Ordinance providing for the imposition of a local option fee
for non-recurring charges for provision of Enhanced
Emergency "911" telephone service and equipment, as provided
for in Florida Statutes, Section 365.171(13), in that part
of Monroe County, Florida from the Seven Mile Bridge through
the Long Key Bridge, including all of Municipal Service
Taxing or Benefit Districts 2 and 3~ providing for a collec-
tion of a fee~ providing for payment of administrative fee~
providing for severability~ repealing all Ordinances or
parts of Ordinances in conflict with this Ordinance to the
extent of said conf1ict~ providing for inclusion in Monroe
County Code of Ordinances~ 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 Fahrer and seconded by Commissioner Freeman to
adopt the following Ordinance. Motion carried unanimously.
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ORDINANCE NO. 030-1986
See Ord. Book No. 12 which is-rDcorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
prohibiting certain conduct on public property in
Unincorporated Areas of Monroe County~ amending Chapter 13
of Monroe County Code by adding Section 13-8, prohibiting
sleeping on public beaches and parks~ and by adding Section
13-9, prohibiting consumption of alcoholic beverages on
public beaches and parks~ providing for the waiving of such
prohibitions~ providing for severability~ providing for the
repeal of all Ordinances or parts of Ordinances in conflict
with this Ordinance~ providing 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 Freeman 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
continue for two weeks. Motion carried unanimously.
A Public Hearing was then held on a proposed
Ordinance amending Article VII, Division 1, Section 2-297(A)
and adding Subsection (D), Monroe County Code, to provide
that the additional Tourist Development Tax imposed by
Florida Statutes, Section 125.0104(3)(d) (1986), shall be
levied and collected within the City of Key West, Florida;
providing for severability~ providing for inclusion 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 Fahrer and seconded by Commissioner Freeman
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 continue for two
weeks. Motion carried unanimously.
A Public Hearing was held on a proposed Ordinance
establishing a Land Acquisition Program in Monroe County,
F1orida~ creating and empowering a Land Authority~
establishing and empowering a Land Authority Advisory
Committee~ requiring an Annual Report and an Interim and
Final Plan of Acquisition~ providing for an Executive
Director~ providing for severabi1ity~ 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 Fahrer and seconded by Commissioner
Freeman 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
Paragraph "a" of Section 6 at the top of Page 5 to provide
for "a resident of the City of Key West if the Referendum
passes~ if not, a representative of the business community
in Monroe County." Motion carried unanimously with Mayor
Harvey not present. Motion was made by Commissioner Freeman
and seconded by Commissioner Stormont to adopt the Ordinance
as amended. Roll call vote was unanimous with Mayor Harvey
not present.
ORDINANCE NO. 031-1986
See Ord. Book No. 12 which is incorporated herein by
reference.
Commissioner Stormont discussed the collection of
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revenues authorized by the law concerning entrance fees to
State Parks.
Commissioner Stormont and the Board then discussed
the organization and administration of the Land Authority.
The County Attorney's office was directed to investigate the
requirements of the new Authority.
A Public Hearing was then held on a proposed
Ordinance repealing the following provisions of the Monroe
County Code except as is otherwise provided in this
Ordinance and the Monroe County Comprehensive Plan and Land
Development Regulations: Chapter 2, Section 2-223,
regarding Zoning Board of Adjustment~ Chapter 4, Beaches and
Shores~ Chapter 6, Section 6-16.1(3), concerning the expira-
tion or suspension of Building Permits~ Section 6-34,
requiring the posting of Building Permits~ Section 6-36,
authority of Building Official to revoke Building Permits~
Section 6-38, providing for the issuance of Certificates of
Occupancy~ Chapter 6, Article V, Sections 6-177 through
6-197, regulating development in Flood Hazard Districts~
Chapter 6, Article VII, governing Major Deve1opments~
Chapter 6, Article X, Sections 6-285 through 6-292, pro-
viding for the County Code Enforcement Board~ Chapter 6,
Article XI, regarding floating structures and live-aboard
vesse1s~ Chapter 14, Article II, Planning and Zoning
Department~ Chapter 17, Subdivision Regulations~ Chapter 18,
trees and vegetation~ Chapter 19, Article I through VI,
Sections 19-92 through 19-94~ 19-97 through 19-99, 19-101,
19-103, 19-106 through 19-115~ 19-117 through 19-122~ 19-124
through 19-128~ 19-130 through 19-137~ 19-139 through
19-141~ 19-146~ 19-148 through 19-151~ 19-154~ Article VII
through lX~ Article XI through XV, Zoning~ Appendix A,
Article V, Division 1, Building and Zoning Regulations~
amending Chapter 6, Section 6.6-4(a)~ Chapter l3, Article
IIl~ Chapter l6, Article II, Chapter 19, Article VI, Section
19-95, 19-96, 19-123 and 19-218~ providing for severability~
providing for inclusion of this Ordinance 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. Proof of publication was
entered into the record. Motion was made by Commissioner
Freeman and seconded by Commissioner Stormont to',read by
ti tIe only. Motion c;::arried unanimously,. CeJflBlissioner
Stormont discussed the various sections of the Repealer
Ordinance. Motion was made by Commissioner Fahrer and
seconded by Commisisoner Stormont to continue the Public
Hearing and request the County Attorney to review
Commissioner Stormont's memorandum and to discuss the points
raised concerning this Ordinance with Mr. Siemon's law firm
for a report at the next meeting. Motion carried
unanimously.
There being no further business, the meeting was
adjourned.
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