10/03/1986 Regular
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Regular Meeting
Board of County Commissioners
Friday, October 3, 1986
Plantation Key
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 8:30 a.m. on the above date
in the Plantation Key Government Center, Plantation Key,
Florida. Present and answering to roll call were
Commissioner Alison Fahrer, Commissioner William Freeman,
Commissioner John Stormont, Commissioner Edwin Swift, and
Mayor Wilhelmina Harvey. Also present were Danny L.
Kolhage, Clerk; Kermit Lewin, County Administrator; Rob
Wolfe, Assistant County Attorney; Calvin Allen, 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.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to establish that a lunch break
would take place between the hours of 12:00 and 2:00 p.m.
Motion carried unanimously.
Rob Wolfe, Assistant County Attorney, addressed the
Board and indicated that the Repealer Ordinance which was
scheduled for a 5:00 p.m. Public Hearing would have to be
re-advertised due to some omissions in the title. Motion
was made by Commissioner Swift and seconded by Commissioner
Freeman to authorize the re-advertisement of the Repealer
Ordinance. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer 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, Jeffrey J.
Elenewski, Ph.D., in-the amount of $200.00; Richard
Hellmann, Ph.D., in the amount of $200.00.
COURT-APPOINTED ATTORNEYS, Raymond o. Bodiford, in
the amount of $381.25; Larry R. Erskine, in the amount of
$218.75; Roberta S. Fine, in the amount of $715.00; Franklin
D. Greenman, in the amount of $250.00; Edward Horan, in the
amount of $422.50; James R. Keller, in the amount of
$400.00; Henry Lee Morgenstern, in the amount of $569.10;
John P. Rotolo, in the amount $125.00.
OTHER EXPENSES AND COSTS, Louis J. Spallone, Clerk,
in the amount of $200.00; David J. White, in the amount of
$750.25.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $55.00; Florida Keys Reporting,
in the amount of $25.00; Helen L. Hardy and Associates, in
the amount of $177.30; Terry Moran, in the amount of $21.00;
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Marc Nichols and Associates, Inc., in the amount of $70.00.
COURT INTERPRETER SERVICES, Juan Borges, in the
amount of $140.00; Serafin Calero, in the amount of $35.00;
Manuel J. Marcial, in the amount of $50.00; Jorge Ruano, in
the amount of $150.00.
WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of $126.28; Regular Witness Fees, in the amount of
$110.00.
Board approved the following Warrants:
WARRANTS
GENERAL REVENUE FUND, #57931-#58860, in the amount
of $1,346,966.02. ----
SUPPLEMENT TO GENERAL REVENUE FUND, #231, in the
amount of $22,419.83:-
FINE & FORFEITURE FUND, #514, in the amount of
$39,512.5~ -
AIRPORT OPERATION & MAINTENANCE FUND, #368, in the
amount of $9,244.58.
ROAD & BRIDGE FUND, #413, in the amount of
$51,021.0~ -
MSD TAX DISTRICT, #840-#849, in the amount of
$234,444.69. ---
MSD, Marine Bank, Marathon, #73-#74, in the amount
of $421,000.00.
MSD, Marine Bank, #347, in the amount of
$56,802.3r-
LAW LIBRARY FUND, #182, in the amount of $475.93.
CAPITAL PROJECTS FUND, #166-'167, in the amount of
$78,655.29. ----
MONROE COUNTY GROUP INSURANCE, #151-#152, in the
amount of $96,321.76.
CARD SOUND BRIDGE FUND, '141-'142, in the amount of
$53,381.9~
WORKMEN'S COMPENSATION, #2000-'2010, in the amount
of $7,856.90.
TOURIST DEVELOPMENT COUNCIL, #283-#286, in the
amount of $162,351.69.
TRANSLATOR FUND, #119, in the amount of $6,147.26.
CROSS KEY WATERWAY, #35, in the amount of
$32,400.00. ---
FUND 716 SPECIAL TAX DISTRICT, PLANNING, BUILDING,
CODE ENFORCEME~ #27, in the amount of $26,418.59.
Board approved Minutes of the following meetings of the
Board of County Commissioners: August 1st, August 5th,
August 6th, August 7th, August 8th, August 20th, August
22nd, and September 5th.
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Board authorized Tourist Development Council expenditures in
the amount of $28,975.59 for 1986 and $44,670.25 for 1987,
subject to final approval of invoices by the Finance
Department.
Board authorized Tourist Development Council expenditures in
the amount of $135,499.65 for 1986, subject to final appro-
val of invoices by the Finance Department.
ITEMS FOR STAFF COMMENT
Planning, Building ~ Zoning
Board authorized refund in the amount of $60.40 to Clark
Boggs of 113 Pirates Drive, Key Largo, Florida 33037, for
overpayment of building permit fees.
Board authorized refund in the amount of $45.40 to Gerry
Droney of Post Office Box 1569, Islamorada, Florida 33036,
for overpayment of building permit fees.
Board authorized refund in the amount of $250.00 to Gene
Rhodus of Post Office Box 256, Islamorada, Florida 33036,
for overpayment of building permit fees.
Social Services
Board authorized payment to Martin-Vegue Funeral Home in the
amount of $635.00 for the Pauper Burial of Jerry J. Wharton.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board of County Commissioners of Monroe
County to execute a Real Property Agreement by and between
the City of Key West and the County of Monroe concerning the
transfer of real property located in the City Cemetery.
RESOLUTION NO. 298-1986
See Res. Book No. 53 which is incorporated herein by
reference.
Board authorized execution of the Community Care For
Disabled Adults Grant and Contract Amendment (Amendment tl,
Contract tKG-6l3) with State of Florida Department of
Health and Rehabilitative Services.
Board authorized award of proposal for Maintenance of Alarm
System at Bayshore Manor to National Security Alarm Company
and authorized the Director to notify the present contractor
of the discontinuance of his service.
Extension Service
Board awarded bid for the installation of Warning Daymarks
to mark selected reefs in National Marine Sanctuary, Key
Largo, to Frank Keevan & Son, Inc. in the amount of
$37,467.00 and authorized preparation and execution of
necessary contract documents.
Emergency Services
Board authorized Change Order No.1 to J. P. Strode &
Associates, Inc. in connection with the Contract for the
Apparatus Building for the Tavernier Volunteer Fire
Department and Ambulance Corps, said Change Order in the net
amount of $822.00.
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COUNTY ATTORNEY
Board adopted the following Resolution approving and
authorizing the Mayor and Chairman of the Board to execute
an Agreement by and between Frank Keevan & Son, Inc. and the
Board of County Commissioners concerning Boating Improvement
Fund project at Toppino Channel, Summerland Key, Florida.
RESOLUTION NO. 299-1986
See Res. Book No. 53 which is incorporated herein by
reference.
Board adopted the following Resolution approving and
authorizing the Mayor and Chairman of the Board to execute
an Agreement by and between Frank Keevan & Son, Inc. and the
Board of County Commissioners concerning Boating Improvement
Fund project at Layton Channel, Long Key, Florida.
RESOLUTION NO. 300-1986
See Res. Book No. 53 which is incorporated herein by
reference.
COUNTY CLERK
Board granted authority to extend the Monroe County Tax Roll
for the year 1986 prior to the conclusion of the Property
Appraisal Adjustment Board hearings.
COMMISSIONERS' ITEMS
Board approved Commissioner Freeman's appointment of John G.
Parks to the Land Authority Advisory Committee.
Board approved Commissioner Fahrer's appointment of George
Moore to the Land Authority Advisory Committee.
Board adopted a Proclamation proclaiming Sunday, October 12,
1986, as DANTE B. FASCELL DAY in Monroe County.
Board approved Mayor Harvey's calling for a Joint
City-County Luncheon Meeting at 12:30 p.m. on October 15th
in Marathon to discuss the Tourist Impact Tax.
Board authorized any County Commissioner to travel to the
Ground Breaking Ceremonies at the Metro Dade Waste Building
on October 16, 1986.
Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Engineering
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Bob Harris of Post, Buckley, Schuh & Jernigan
discussed the imminent redemption of the Card Sound Bridge
Revenue Bond Issue and indicated that the County should
investigate the legality of continuing the tolls for the
purpose of funding improvements to the Bridge. Motion was
made by Commissioner Swift and seconded by Commissioner
Fahrer directing the County Attorney's office to research
the law concerning the continuation of tolls on the Card
Sound Bridge after the redemption of the Revenue Bonds for
the purpose of making improvements to the Bridge. Roll call
vote was unanimous with Commissioner Freeman not present.
Mr. Harris briefly discussed the Bridge Repair
Program. Motion was made by Commissioner Swift and seconded
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by Commissioner Fahrer to approve the Public Works
Director's request to authorize a Call For Bids on the pro-
jects listed below:
PBS&J
Estimate
GROUP I - UPPER KEYS
(2) Steamboat Creek C-905A
$ 37,850.00
GROUP II
(3 )
(4 )
<13 )
- MIDDLE KEYS
Key Colony Beach Causeway
Duck Key Drive
Duck Key Drive i2
42,000.00
21,290.00
36,000.00
GROUP III - BIG PINE KEY
(8) Watson Boulevard SR4A
(9) Fern Avenue
(10) Watson Boulevard SR-940
21,440.00
27,260.00
27,260.00
GROUP IV - LOWER KEYS
(5) Boca Chica - C-94l
(11) Boca Chica - C-94l
166,070.00
165,520.00
$544,690.00
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.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to establish a Workshop at 1:30 p.m.
on October 14th at 310 Fleming Street in Key West to discuss
the Bridge Repair Program and the specifications and report
by Post, Buckley, Schuh & Jernigan and requesting Dent
Pierce, the Public Works Director, Bob Harris of Post,
Buckley, Schuh & Jernigan, and a representative from Florida
Department of Transportation to attend; and also to discuss
matters concerning the Plantation Key Building for the
Property Appraiser and Tax Collector. Motion carried unani-
mously.
Planning, Building ~ zoning
Charles Pattison, Director, discussed the Gulfside
Village project and the collection of impact fees concerning
that project. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer directing Mr. Pattison to
issue the Certificate of Occupancy for Gulfside Village,
allow for the receipt of $22,104.00 from the developer as a
mitigation fee for capital improvements paid under protest,
and allowing the developer to come before the Board of
County Commissioners to request any adjustment to that fee.
Motion carried unanimously.
Howard Tupper, Development Review Coordinator,
discussed proposed development application fees. Motion was
made by Commissioner Swift and seconded by Commissioner
Freeman to postpone this matter for two weeks. Roll call
vote was taken with the following results:
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Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Yes
Yes
No
Yes
Yes
Motion carried.
Mr. Pattison discussed a memorandum concerning
exemptions to the 45-day permit requirement. Motion was
made by Commissioner Swift and seconded by Commissioner
Fahrer to transmit the list to the Department of Community
Affairs for their approval. Motion carried unanimously.
Mr. Pattison submitted for the Board's information
only a copy of a letter received from Mr. Joe Petrillo con-
cerning the new Land Authority being created.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to adopt the following
Resolution approving the plat of Tradewinds with the
requirement for the recordation of the required covenants at
the same time as the recording of the plat.
RESOLUTION NO. 301-1986
See Res. Book No. 53 which is incorporated herein by
reference.
Roll call vote was unanimous.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to adopt the following Resolution
authorizing the Mayor to execute, on behalf of Monroe
County, a Contract with International Marine Research, Inc.
for a nearshore water quality study.
RESOLUTION NO. 302-1986
See Res. Book No. 53 which is incorporated herein by
reference.
Roll call vote was unanimous with Commissioners Stormont and
Swift not present.
Social Services
Louis LaTorre, Director, and Carl Filer and Karleen
Fix of thee Department of Transportation addressed the Board
concerning the Board's Transportation Program Policy
Statement. Mr. LaTorre discussed funding for the purchase
of new transportation vehicles out of the local option gas
tax. Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to provide funding for the leasing for
one year of new vehicles for the Transportation Program out
of the local option gas tax, if approved by the County
Attorney's office as to the proper use of said funds. Roll
call vote was unanimous.
COMMISSIONERS' ITEMS
Mr. Jim Lewis addressed the Board concerning what
he deemed to be errors in the Land Use Matrix prepared by
the Planning Staff. Mr. Fred Tittle also addressed the
Board on this matter. These comments were referred to Staff
to review the Matrix and make any corrections that they
deemed appropriate.
Judge Allison DeFoor addressed the Board concerning
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the Peri-Natal Program and the request for a contingency to
be provided by the County Commission to be used for
emergency peri-natal cases according to a proposed set of
criteria which had been approved by the committee that was
appointed by the Board to study the issue. Motion was made
by Commissioner Fahrer to authorize the transfer of
$60,000.00 to Reserve for Emergency Peri-Natal Contingency
Funds from the Board's Contingency. During discussion,
motion was withdrawn. The Board then proceeded to discuss
the matter further. Dr. Thomas Richardson of the South
Florida Health Council addressed the Board. The
Commissioners requested that they be provided with addi-
tional program details and definitions. No further action
was taken.
The Board recessed for lunch.
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The Board reconvened at 2:04 p.m.
ITEMS FOR STAFF COMMENT
Municipal Service District
Jim Baker discussed and requested a Workshop bet-
ween the Board and the Garbage Franchisees concerning the
new franchise proposals. Mayor Harvey called for a Special
Meeting for the purpose of meeting with the Franchisees con-
cerning new Franchise Agreements on Tuesay, October 21st, at
10:00 a.m. in Marathon at a location to be named later.
Mr. Baker advised the Board that in accordance
with their direction, the first Saturday of each month would
be a "Free Dumping Day".
Mr. Baker then discussed the preparation and execu-
tion of an Interlocal Agreement with the City of Layton con-
cerning the use of the District's chipper.
Motion was made by Commissioner Freeman and
seconded by Commissioner Fahrer to approve payment of
invoices from Rebel Refractories, Inc. in the amount of
$24,249.00 and $7,247.00 for incinerator repairs and
authorizing the appropriate transfers from the Contingency
Fund. Motion carried unanimously.
Motion was made by Commissoner Fahrer and seconded
by Commissioner Freeman approving payment of a partial
invoice in the amount of $36,300.00 to Rebel Refractories,
representing 75% completion, payable in 1985-86 from the
Renewal and Replacement Fund. Motion carried unanimously.
Mr. Baker discussed the advertisement and receipt
of eleven applications for the Solid Waste Management Study
which would be reviewed by the committee appointed by the
Board for a recommendation of those firms that would appear
for interviews before the Board of County Commissioners.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Stormont and
seconded by Commissioner Swift to approve the use of Harry
Harris Park on October 11th and October 12th for the Annual
Caribbean Octoberfest Softball Tournament with the
appropriate insurance coverages and hold-harmless
agreements. Motion carried unanimously.
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Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve payment of Invoice #18821
in the amount of $38,942.60 to Post, Buckley, Schuh &
Jernigan for Road Work through August 31, 1986. Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded
_- by Commissioner Freeman to approve payment of Invoice #18822
in the amount of $1,739.32 to Post, Buckley, Schuh &
Jernigan for professional services rendered to the Card
Sound Road and Toll Bridge Authority for the month of
August, 1986. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve Payment No. 2 (Final) to
The Brewer Co. of Fla., Inc. in the amount of $14,805.00 for
Roadway Improvements - Stock Island Roads II. Motion
carried unanimously.
The Board discussed the request by the City of Key
West concerning the paving of certain roads in the City in
response to the Board's indication of an intention and
willingness to pave certain roads in Bahama Village. This
matter was referred to the County Administrator.
Motion was made by Commissioner Freeman and
seconded by Commissioner Swift to appoint Mr. Edward Toppino
to the PIC Board. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize the Call For Bids for
computer cabling in Marathon and Key Largo. Motion carried
unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to authorize the Call For Bids for a
UPS Power Supply System for the computer for the County.
Motion carried unanimously.
County Administrator Lewin discussed a letter from
Mr. Stacer concerning certain violations in Toll Gate Shores
on the Gary Nichols Property.
COUNTY ATTORNEY
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve payment to Vernis &
Bowling in the amount of $1,812.31 for services rendered in
connection with Cioli v. Monroe County. Motion carried una-
nimously.
Motion was made by Commissioner Fahrer and seconded
by Comissioner Freeman to approve payment to Cohen and
Dippell in the amount of $3,122.90 for services rendered
regarding the Translator System. Motion carried unani-
mously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve payment to Fly, Shuebruk,
Gaguine, Boros and Braun in the amount of $9,124.20 for ser-
vices rendered regarding the Translator System. Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve payment to Fine,
Jaconbson, Schwartz, Nash, Block & England in the amount of
$2,525.35 for services rendered in connection with Hood v.
Zoning Board of Monroe County. Motion carried unanimously.
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Rob Wolfe, Assistant County Attorney, discussed the
request by the owners of the property at the corner of
Whitehead and Southard Streets for 7% interest on the
balance of the funds to be paid under the Purchase Agreement
authorized by the Board for the purchase of that property.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to approve the payment of 7% interest
on the balance of the funds to be paid in Fiscal Year
1987-88 under the Purchase Agreement between the Board of
County Commissioners and the owners of the property at the
corner of Whitehead and Southard Streets. Motion carried
unanimously. Mayor Harvey appointed a committee consisting
of Danny Kolhage, Harry Knight, Dent Pierce, Kermit Lewin,
and Lucien Proby to study the proposed use of that property.
The Board discussed the use of Post, Buckley, Schuh &
Jernigan on this project. Motion was made by Commissioner
Swift and seconded by Commissioner Freeman to retain Post,
Buckley, Schuh & Jernigan for a two-week period to work with
the committee appointed to study the property at the corner
of Whitehead and Southard Streets. Motion carried unani-
mously.
COMMISSIONERS' ITEMS
Commissioner Swift discussed proposed negotiations
with Mr. Singh for the purchase of property on Truman Annex
for parking in back of Jackson Square. This matter was
referred to the County Administrator.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to approve Addendums to Agreements
with Frank Keevan & Son, Inc. granting a 45-day extension on
each of the following Boating Improvement Fund Projects:
Hammer Point Harbor Entrance, Key Largo
Marathon Park Entrance, Marathon
Ramrod Key Approach, Ramrod Key
Saddlebunch Harbor, Big Coppitt Key
Vaca Cut, Marathon
Gulfside Entrance to Whale Harbor, Windley Key
Motion carried unanimously.
Commissioner Stormont discussed the operation of
the Land Authority. Assistant County Attorney Rob Wolfe
advised the Board that, in his opinion, it would not be
necessary for the Board to incorporate as a separate cor-
porate entity and that the provisions of House Bill 1405
established the Land Authority as a distinct and separate
political body.
Motion was made by Comissioner Swift and seconded
by Commissioner Fahrer to advertise for an Interim Director
according to the job description presented by the Planning
Department. Roll call vote was unanimous.
Motion was then made by Commissioner Stormont and
seconded by Commissioner Swift to advertise for a meeting of
the Land Authority for the purpose of organization, election
of officers, appointment of administrative officials, and
any other matters to be considered by the Authority on
October 17th. Roll call vote was unanimous.
Mayor Harvey appointed a committee consisting of
Howard Tupper, Mike Managan, Lucien Proby or his alternate,
Bob Herman, and Kermit Lewin to screen applicants for the
position of Interim Director of the Land Authority.
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Commissioner Stormont discussed salary increases
granted by the Board to Department Heads. No action was
taken.
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;
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 licensing; prohi-
biting animals at large from public and private property;
providing for control of fierce, dangerous and vicious ani-
mals; 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
animals; 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 animals; providing for
impoundment and treatment of sick and injured animals; pro-
viding for disposal of dead animals; 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 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 pro-
viding an effective date. Proof of publication was entered
into the record. Motion was made by Commissioner Swift and
seconded by Commissioner Stormont to read by title only.
Motion carried unanimously. Pat Dorr of Little Torch Key
addressed the Board. Motion was made by Commissioner Fahrer
and seconded by Commissioner Freeman to continue the Public
Hearing to a Special Meeting called for October 16th at 7:00
p.m. at the Marathon SubCourthouse for the purpose of
discussing the proposed Ordinance. Motion carried unani-
mously.
A Public Hearing was then held on a proposed Ord-
inance amending Article VII, Division 1, Section 2-297(A) and
adding Subsecction (D), Monroe County Code, to provide that
the additional Tourist Development Tax imposed by Florida
Statutes, Section l25.0l04(3)(d) (1986), shall be levied and
collected within the City of Key West, Florida; providing
for inclusion in the Monroe County Code of Ordinances; pro-
viding 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 Stormont
and seconded by Commissioner Fahrer to read by title only.
Motion carried unanimously. Sandy Higgs, Administrative
Director of the Tourist Development Council, addressed the
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Board concerning the proposed Ordinance. The following
individuals favored adoption of the Ordinance: Linda
O'Brien, Bob Perry, Russ Teel, Sandy Barrett, Charles
Walther, and Ginny Thomas. City Commissioner George Halloran
addressed the Board concerning the use of the funds for
beach improvement purposes and requested that the Board con-
sider setting aside the first year of collections for the
restoration of Smathers Beach. Michael Whalton and Neil
Boyce also addressed the Board. After considerable
discussion, motion was made by Mayor Harvey to adopt the
Ordinance. During discussion, motion was withdrawn. Motion
was made by Mayor Harvey to postpone the matter for two
weeks. Motion died for lack of a second. Motion was then
made by Commissioner Swift and seconded by Commissioner
Freeman to amend the Ordinance to provide that the first
year's collection would be reserved for beach renourishment
in the City of Key West, that those funds would not be spent
until a plan is produced by the City of Key West for the
beach renourishment project, and that funds for all future
years would be used for promotional and advertising pur-
poses. Roll call vote was unanimous with Mayor Harvey not
present. Motion was made by Commissioner Swift and seconded
by Commissioner Stormont to adopt the Ordinance as amended.
Roll call vote was unanimous with Mayor Harvey not present.
l
ORDINANCE NO. 032-1986
See Ord. Book No. 12 which is incorporated herein by
reference.
A Public Hearing was then held on a proposed
Ordinance confirming the adoption of the Monroe County
Comprehensive Plan and Land Development Regulations on
February 28, 1986; providing for severability; 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 Stormont and seconded by
Commissioner Freeman to read by title only. Motion carried
unanimously. Paul Brumm of Florida Keys Contractors
Association opposed the Ordinance. Motion was made by
Commissioner Freeman and seconded by Commissioner Stormont
to adopt the following Ordinance.
ORDINANCE NO. 033-1986
See Ord. Book No. 12 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Mayor Harvey
Yes
Yes
No
Motion carried with Commissioners Stormont and Swift not
present.
A Public Hearing was held on a proposed Ordinance
amending Article XIII, Planning, Zoning and Building
District, Monroe County Code, in order to expand the
Municipal Service Taxing unit therein; creating authorized
purposes to include the Office of the Fire Marshal and
Parks, Beaches and Recreation; changing the name of the
District to reflect the expanded purposes; clarifying that
certain levies which require electorate approval need only
to be approved by a majority of those voting in the
Referendum on those levies; providing that the District pur-
poses may not be changed after July One for the following
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fiscal year unless the Property Appraiser consents1 pro-
viding for severabilitY1 providing for incorporation into
the Monroe County Code1 providing for the repeal of all
Ordinances or parts of Ordinances in conflict therewith1 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. Charles Pattison and Bob
Herman discussed the Ordinance. Motion was made by
Commissioner Fahrer and seconded by Commissioner stormont to
adopt the Ordinance. Motion carried unanimously.
ORDINANCE NO. 034-1986
See Ord. Book No. 12 which is incorporated herein by
reference.
A Public Hearing was then held on a proposed
Ordinance providing that the Code of Ordinances of the
County of Monroe be amended by revising Subsection (5) of
Section 12-42 of Chapter 12 of the Code of Ordinances of
Monroe County, Florida1 providing that professionals who
operate a clinic shall be required to pay a license tax for
the privilege of practicing1 providing for severabilitY1
providing for inclusion in the Code of Ordinances of the
County of Monroe1 providing for the repeal of all Ordinances
or parts of Ordinances in conflict with this Ordinance1 and
providing for an effective date. Proof of publication was
entered into the record. Motion was made by Commissioner
Stormont and seconded by Mayor Harvey to read by title only.
Motion carried unanimously. There was no public input.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Stormont to adopt the Ordinance. Roll call
vote was unanimous with Commissioners Freeman and Swift not
present.
ORDINANCE NO. 035-1986
See Ord. Book No. 12 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
repealing and amending various provisions of the Monroe
County Code. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to authorize the County
Attorney to readvertise this proposed Ordinance due to a
problem with the advertised title. Motion carried unani-
mously.
COMMISSIONERS' ITEMS
Commissioner Fahrer discussed the Para-Sail Lease.
The Assistant County attorney advised that this matter would
be raised at the next Key West meeting.
Commissioner Stormont discussed administrative pay
increases. No action was taken.
Commissioner Swift discussed a request by the City
for a Joint City-County sponsored County-wide study on
moderate income housing. Motion was made by Commissioner
Swift and seconded by Commissioner Freeman to adopt the
following Resolution authorizing the expenditure of con-
tingency funds for a joint study with the City of Key West
for moderate and low income housing throughout Monroe
County, with the County's share for the study not to exceed
$15,000.00 or the amount provided by the City of Key West.
Roll call vote was unanimous.
GG 148
RESOLUTION NO. 303-1986
See Res. Book No. 53 which is incorporated herein by
reference.
Mayor Harvey discussed the proposed dedication of
the new building at the Plantation Key Government Center.
Motion was made by Mayor Harvey and seconded by Commissioner
Fahrer to adopt the following Resolution dedicating the new
building at the Plantation Key Government Center in the name
of the late Jerry Ellis. Roll call vote was unanimous.
RESOLUTION NO. 304-1986
See Res. Book No. 53 which is incorporated herein by
reference.
There being no further business, the meeting was
adjourned.
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