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09/07/1984 Regular1 1 Regular Meeting Board of County Commissioners Friday, September 7, 1984 Plantation. Key A regular meeting of the Board of County Commmissioners convened on the above date. Present and answering to roll call were,Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez, Commissioner Ed Swift, and Mayor Ken Sorensen. Absent'from the meeting was Commissioner Alison Fahrer., Also present were Danny L. Kolhage, Clerk; Lucien Proby",, County Attorney; Sheri Smallwood, Assistant County;Attorney; Kermit Lewin, County Administrator; members of the County-s Consulting Engineers Firm; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. i Prior to the meeting, Mayor Sorensen presented an Honorary Conch Certificate to Mr. Jesse Banks of the Upper Keys Public Works Department and during the presentation, commended, Mr. Banks for hi.s,dedicated public service to Monroe County. Mayor Sorensen also discussed and commended Commissioner Jerry Hernandez for his many years of hard work as a County Commissioner and indicated that he would be missed by the Commission and by the County. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to adopt the following Resolution proclaiming the week of September 17 through 23, 1984, as Constitution Week. Motion carried unanimously. RESOLUTION NO. 223-1984 See Res. Book No. 39 which is incorporated herein by reference. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance providing that the Code of Ordinances of the County of Monroe be amended by revising Sections 6-33, 6-37, 6-57 and 6-59, and be amended by adding a new subsection under Section 6-59 to be lettered (g) under Chapter 6 of said Code entitled "Buildings and Construction"; providing for severa- bility; providing for the repeal of all Ordinances of parts of Ordinances in conflict with this Ordinance to the extent of said conflict; providing for inclusion in the Monroe County Code of Ordinances; and providing for an effective date. Proof of publication was entered into the records. Mr. Joe Bell of Key Largo addressed the Board and requested that they postpone consideration of this proposed Ordinance. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to postpone this item for two weeks. Motion was withdrawn. 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W. 106th Street Miami, Florida 33178 General Asphalt Co., Inc. $128,442.00. 4850 N. W. 72nd Avenue Miami, Florida 33152 Motion was made by Commissioner Swift and seconded by Commissioner Harvey to refer to staff. Motion carried una- nimously with Mayor Sorensen absent from the meeting. REQUEST TO ADDRESS THE BOARD Mr. Henry Rosenthal of the Monroe County Advertising Commission addressed the Board and discussed the balance of the funds ear -marked for the Monroe County Advertising Commission. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to authorize the transfer of the balance of the funds ear -marked for the Monroe County Advertising Commission to the appropriate line item in the budget for their use. Motion carried unani- mously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Hernandez discussed a possible excep- tion to the proposed Moratorium Ordinance for the K-Mart Project in Key Largo. During discussion, motion was made by Commissioner Swift to move this discussion to the Public Hearing scheduled on the Ordinance at 5:00 p.m. During discussion, the motion was withdrawn. Mr. Bob Ernst of the Middle Keys Citizens Association addressed the Board con-. cerning the proposal. The Board took no further action. Commissioner Swift discussed a letter from the: Upper Keys Chamber of Commerce concerning commercial construction along U. S. 1. Mr. Bob Carling, Treasurer,of the Upper Keys Chamber of Commerce, addressed the Board. Mr. Bob Ernst, Secretary of,the Highway Beautification Committee, also addressed then Board concerning this matter This matter was referred to;the next meeting for the appointment of a committee ;and requesting the Legal Department to research the questions raised.. UNFINISHED BUSINESS Mr. Lloyd A. Good,;Jr. addressed the Board con- cerning his request for the approval of the amended plat of Sugarloaf Shores Section C Extension. Mr. Bob Ernst of the Middle Keys Citizens Association addressed the Board and objected to the plat. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to adopt the following Resolution and Pl;;at of the Amended Plat of Sugarloaf Shores Section C ;Extension contingent upon the approval of said plat by the Legal Department. Motion carried unanimously. RESOLUTION NO. 224-1984 See Res. Book No. 39 which is incorporated herein by reference. Motion was made by' Commissioner Harvey and seconded by Commissioner Swift to approve the following items by `una- nimous consent: ' LEGAL DEPARTMENT Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute a Lease Agreement by and between Robert Dean and the County of Monroe, State of Florida. RESOLUTION NO. 225-1984 See Res. Book No. 39 which is incorporated herein by reference. Z. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute a Lease Agreement by and between Tony Marguia and the County of Monroe, State of Florida. RESOLUTION NO. 226-1984 See Res. Book No. 39 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute a Lease Agreement by and between Bruce Seigal and the County of Monroe, State of Florida. RESOLUTION NO. 227-1984 §,e>e'Res. Book No. 39 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between Marine Construction of Marathon, Florida and the Board of County Commissioners of Monroe County, Florida relating to the Boating Improvement Fund Project located at Big Coppitt Key Boat Ramp. RESOLUTION NO. 228-1984 See Res. Book No. 39 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between Marine Construction of Marathon, Florida and the Board of County Commissioners of Monroe County, Florida relating to the Boating Improvement Fund Project located at Marathon Key Boat Ramp. RESOLUTION NO. 229-1984 See Res. Book No. 39 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between Frank Keevan & Sons and the Board of County Commissioners of Monroe County, Florida relating to the Boating Improvement Fund Project located at Duck Ke.y Channel. RESOLUTION NO. 230-1984 See Res. Book No. 39 which is incorporated herein by reference. 1 1 1 1 Board adopted the followinglResolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute'an Agreement by and between Frank Keevan & Sons and the'Board of County Commissioners of Monroe County, Florida relating to the Boating Improvement Fund Project located at Garrison Bight (Phase II), Key West. RESOLUTION NO. 231-1984 See Res. Book No. 39 which GIs incorporated herein by reference. Board adopted the following Resolution incorporating a Biological Assessment into :the records concerningthe appli- cation of Tom Bresson/S. Goran Stackig for the excavation of a "Flo-thru" boat basin for;iprivate use - Section 31, Township 65 South, Range 33 East, Northern parcel of Key Colony Drive Vaca Key Marathon Florida. Zoned RU-1. RESOLUTION NO. 232-1984 See Res. Book No. 39 which'is incorporated herein by reference. Board adopted the followingResolution incorporating al Biological Assessment into the records concerning the appli- cation of Virginia Crain to, build a physician's office on her upland canal front property - Lot 15, Block 1, Dove Creek Subdivision, Key Largo. Zoned BU-1. V RESOLUTION NO. 233-1984 See Res. Book No. 39 which,is incorporated herein by reference. Board adopted the following Resolution incorporating a Biological Assessment into:;the records concerning the appli- cation of Florida Commercial Investments, Inc. to improve the quality of boat mooring facilities at commercial canal front property - Lot 18 and 1/2 of Lot 17, Block 1, Boatman's Colony Subdivision, Plantation Key. Zoned BU-2. RESOLUTION NO. 234-1984 See Res. Book No. 39 which'is. incorporated herein by reference. Board adopted the following Resolution concerning receipt of unanticipated funds and rescinding Resolution No. 030-1984. RESOLUTION NO. 235-1984 See Res. Book No. 39 which°is incorporated herein by reference. l Board adopted the following Resolution concerning receipt of unanticipated funds and rescinding Resolution No. 031-1984. RESOLUTION NO. 236-1984 See Res. Book No. 39 which,,is incorporated herein by reference. Board adopted the following Resolution concerning receipt of unanticipated funds and re'scinding Resolution No. 050-1984. RESOLUTION NO. 237-1984 See Res. Book No. 39 which' is incorporated herein by reference. Board adopted the following Resolution concerning receipt of unanticipated funds and rescinding Resolution No. 072-1984. RESOLUTION NO. 238-1984 See Res. Book No. 39 which is incorporated herein by reference. Board adopted the following Resolution concerning receipt of unanticipated funds and rescinding Resolution No. 106-1984. RESOLUTION NO. 239-1984 See Res. Book No. 39,which is incorporated herein by reference. Board adopted the following Resolution concerning receipt of unanticipated funds and rescinding Resolution No. 291-1983. RESOLUTION NO. 240-1984 See Res. Book No. 39 which is incorporated herein by reference. Board adopted the following Resolutions concerning receipt of unanticipated funds. RESOLUTION RESOLUTION RESOLUTION RESOLUTION NO. 241-1984 NO. 242-1984 NO. 243-1984 NO. 24— 4-1984 Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and the District School Board of Monroe County, Florida relating to the ball field at Key Largo Elementary School. RESOLUTION NO. 245-1984 See Res. Book No. 39 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Board approved payment of the following Fine and Forfeiture Expenditures: FINE & FORFEITURE FUNDS COURT -APPOINTED ATTORNEYS, Raymond 0. Bodiford, in the amount of T668.75; Cunningham, Albritton, Lenzi, & Warner, P.A., in the amount of $384.20; William Kuypers, in the amount of $1,548.39; Robert W. Leeman, in the amount of $362.50; Jeffrey B. Meyers, in the amount of $1,082.50; Henry Lee Morgenstern, in the amount of $2,511.20; John P. Rotolo, in the amount of $125.00; Sandra Lee Zimmerman, in the amount of $400.00. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of 24.25; Certified Reporting Service, in the amount of $828.60; Island Reporting Service, in the amount of $17.50; Island Reporting Service, in the amount of $355.00; Florida Keys Reporting, in the amount of $69.60; Laws Reporting, Inc., in the amount of $118.50; Laws Reporting, Inc., in the amount of $112.10; Henry Lee Morgenstern, in the amount of $92.40. WITNESS PAYROLL, Regular Witness Fees, in the amount of 195.00; Travel Witness Fees in the amount of $19822.82. COURT INTERPRETER SERVICES, Rico R. Duval, in the amount of 25.00; Jerome Grapel, in the amount of $240.00; Stephen E. Moore, in the amount of $70.00; Sandra T. Sanders, in the amount of $50.00. 1 1 E f� 1 1 OTHER EXPENSES, Karl Beckmeyer, in the amount of $238.94; Louis J. Spallone; in the amount of $150.00. p COMPETENCY & PSY.IEVALUATIONS, Richard Hellman, Ph.D., in the amount of 505.00; Richard.Hellman, Ph.D., in the amount of $125.00; Bartolo J. Spano, Ph.D., in the amount of $125.00. EXTRADITION COST'. William Freeman, Sheriff, in the amount of $7,176MOF EXPERT WITNESS FE.I ES, Ismael Montane, M.D., in the amount of 300.00. Board approved the following Monroe County Tourist Development Council expenditures: MONROE COUNTY TOUiRIST DEVELOPMENT COUNCIL ii Curry & Sons Prinyting $ 85.00 Southern Bell ` 662.65 Key West Citizen 11.79 The Reporter 30.00 Key West Art Center 106.08 Hemingway Arts Festival 3,307.97 Tennessee Williams Fine Arts Center 1,117.17 Stuart Newman ! 51,039.80 56,360.46 Board approved the following Warrants: W AIR R A N T S GENERAL REVENUE FUND, #23563-#24779, in the amount of $2,975,698.56. GENERAL REVENUE FUND - BOULEVARD BANK, #134-#135, in the amount of 178,27861. GENERAL REVENUE FUND - MARATHON BANK, #45-#46, in the amount of 24,860.63.' GENERAL REVENUE FUND - FIRST AMERICAN BANK, #45-#46, in the amount of 74,279.40. MSD - FLORIDA FIRST NATIONAL BANK, #208-#212, in the amount of $-80-6—,-4-1-0.7-7-111 SUPPLEMENT TO THE GENERAL REVENUE FUND, #161-#164, in the amount of 71,20=29. FINE & FORFEITURE FUND, #366-#376, in the amount of $19043,145.09. ROAD & BRIDGE FUND, #302-#312, in the amount of $4969804.19 - 1981 IMPROVEMENT:BONDS/DEBT SERVICE, #26-#28, in the amount of 69,084.83.! 1981 IMPROVEMENT'"BONDS, #59-#61, in the amount of $56,447.52. AIRPORT OPERATION & MAINTENANCE FUND, #233-#241, in the amount of 93,4 0. 6.-, BB- � 008 MSD - MARATHON BANK, #24, in the amount of $70,000.00. MSD - FLORIDA KEYS FIRST STATE BANK, #11, in the amount of$6,845.17. MSD - BOULEVARD BANK, #11, in the amount of $1,385.83. LAW LIBRARY FUND, #125-#129, in the amount of $25,223.29. CARD SOUND BRIDGE REVENUE FUND, #45-#51, in the amount of�04,805.50. MSD TAX DISTRICT, (MARATHON BANK) MARINE BANK, #531-#545, in the amount of 1,40 ,919.95. WORKMENS COMPENSATION, #1072-#1131, in the amount of $214,935.74. TDC, FLORIDA KEYS FIRST STATE BANK KEY WEST, #126-#132, in the amount of 146,247.08. MONROE COUNTY GROUP INSURANCE FUND, #27-#47, in the amount of 43,760.82. TRANSLATOR FUND, #46-#49, in the amount of $297,990.89. Board acknowledged receipt of Report No. 10403 from the Office of the Auditor General of the State of Florida which was made on the financial and compliance audit of the District School Board of Monroe County for the fiscal year ended June 30, 1983. Board acknowledged receipt of the Annual Report of the Consulting Engineer for the Card Sound Road and Toll Bridge. Facility dated July, 1984. Board acknowledged receipt of the Certificate of the County Canvassing Board made from the returns of the Monroe County Referendum Election held on August 7, 1984. Board acknowledged receipt of the Report of Forfeited Contraband Articles from the Monroe County Sheriff's Office for the quarter ending June 30, 1984, pursuant to Florida Statutes 932.704(5). Board approved the correction to Page AA-139 of the June 29, 1984 Minutes of the Monroe County Board of County Commissioners; General Revenue Fund Warrant Numbers should be 21810-22678 instead of 21810-22515. Board approved the adoption of the Minutes of the following meetings of the Monroe County Board of County Commissioners: Regular Meetings of June 29, Jul'y 13 and July 27, 1984; Special Meetings of July 20, July 30, July 31 and August 2, 1984; and District 2 Special Meetings of July 30, July 31 and August 2, 1984. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Board approved the admission of Electa Schaefer Griffin to Bayshore Manor, effective August 8, 1984. �I� LJ 1 1 1 1 Board approved payment in the amount of $1,163.80 to Risk Control Associates, Inc. fo;'r services rendered during t:he month of July, 1984. Board approved the Application for Variance to the Flood Hazard Ordinance of Luis A.q Angulo to place a mobile home at the same elevation as.the surrounding mobile homes at pro- perty located on Key Largo,I Iwithin the mobile home sub- division known as Lake Surprise Estates. Board approved the Application for Variance to the Flood Hazard Ordinance of John W:, and Virginia Birmingham to 'place a mobile home at the same elevation as the surrounding mobile homes at property located on Little Torch Key, within the mobile home subdivision known as Coral Shores Estates. Board approved the Application for Variance to the Flood Hazard Ordinance of Elio Juneo to place a mobile home at the same elevation as the surrounding mobile homes at property located on Key Largo, within the mobile home subdivision known as Sunset Acres. Board approved the Application for Variance to the Flood Hazard Ordinance of John McDonald to place a mobile home at the same elevation as the surrounding mobile homes located on Key Largo, within the mobile home subdivision known as Blue Water Trailer Village;. Board approved the Application for Variance to the Flood Hazard Ordinance of Tom Glacken to place a mobile home at the same elevation as the surrounding mobile homes located on Key Largo, within the mobile home subdivision known as Sexton Cove Estates. Board authorized refund ofjmoney paid for a Building Permit Fee to The American Nation,,al Red Cross, in the amount of $216.00, inasmuch as it was a Double Fee, After The Fact Permit. Board authorized refund of� money paid for a Building Permit Fee to Ross -Black & Co., Inc., in the amount of $75.00, inasmuch as two application fees were paid on this pro iject. Board authorized refund of money paid for a Block & Associates Examination for, Master Plumber Fee to Fred 0. Sollberger, Sr., in the amount of $50.00, inasmuch as he will not be taking the exam. Board authorized refund of money paid for a Dimensional Variance Fee to David Zehrer, in the amount of $100.00, inasmuch as the Dimensional Variance was unnecessary. Board authorized refund of money paid for a Building Permit Fee to Joseph D. Foley, in the amount of $2,112.00, inasmuch as work was cancelled. G Board authorized Chairman to execute a Contract with the State of Florida, Department of Law Enforcement, Medical Examiners Commission, which will enable the County to receive State funds intended to supplement the cost of Medical Examiner services'. Board approved the waiver,of a Variance Filing Fee and Building Permit Fee to The Community Recreation Association, 01 RaTiMoM in the total amount of $50.00, for construction of permanent restroom and concession stand at Harry Harris Park - fee exempt status. Board approved a Permit Application from B. G. Carter for construction of a rip rap seawall along his open water shoreline and boat ramp at Lot 12, Block 7, Cutthroat Harbor Estates, Cudjoe Key. Board approved the request from Whelan & Associates to hold a "Stars of the Grand Ole Opry" Show the weekend of October 12th and 13th at the Marathon Airport on behalf of the American Cancer Society. Board granted permission to the Monroe County Nutrition Program to advertise an Invitation To Bid for food catering services during the 1985 calendar year. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Board adopted the following Resolution requesting the Department of Transportation to install a traffic light at the intersection of U. S. #1 and Fourth Street, Big Coppitt Key, Monroe County, Florida. RESOLUTION NO. 246-1984 See Res. Book No. 39 which is incorporated herein by reference. Board adopted the following Resolution requesting the State of Florida Department of Transportation to lower the speed limit on U. S. #1/S. R. 5 from Rockland Bridge to the south side of Big Cop,pitt Key, Monroe County, Florida. RESOLUTION NO. 247-1984 See Res. Book No. 39 which is incorporated herein by reference. Board adopted the following Resolution commending Howard England for his many years of unselfish dedication to the exploration and excavation of Fort Zachary Taylor. RESOLUTION NO. 248-1984 See Res. Book No. 39 which is incorporated herein by reference. Board authorized the execution of an Agreement between Monroe County and Key West Blood Committee for the use of the Armory Bu_ildina. Board authorized the appointment of Dr. Shirley Freeman to the Dade -Monroe Mental Health Council. Board acknowledged the Dedication Ceremonies of a plaque h.onoring the late Bernie C. Papy, State Representative, scheduled for September 19,*1984 at 2:00 p.m. on the Marathon side of the Seven Mile Bridge. Board adopted the following Resolution requesting the State of Florida Department of Transportation to grant permission to Monroe County to use the median strip on U.S. No. 1/S.R. between Jewfish Creek and Tavernier in Monroe County, Florida, for the purpose of highway beautification, authorizing the Clerk to forward a copy of this Resolution 0 1 1 1 BB 1 1 1 to the Department of Transportation, and authorizing the Chairman to execute an Interlocal Agreement with the Department of Transportation" for this usage. RESOLUTION NO. 249-1984 See Res. Book No. 39 which is incorporated herein by reference. UNFINISHED BUSINESS Board approved the Application for Variance to the Flood Hazard Ordinance from Fred J. Antel for the construction of a concrete block enclosure,:; approximately 290 square feet, to be located below an elevated mobile home (toilet facili- ties with a shower will alsio be located within the struc- ture) at property located o;n the bay side of Key Largo, Tavernier, within the Hammer Point Subdivision. Board approved the Application for Variance to the Flood Hazard Ordinance from Rudolf Krause & Sons for 89 lots'at property located on the north end of Little Torch Key, within the mobile home subdivision known as Coral Shores Estates. 11 Board granted authority to Mr. Charles Aguero of the Municipal Service District -to delete items from their inven- tory according to Disposition of Property Forms numbered 0970-1072 0970-342 0970-38 0970-57, 0970-63, 0970-70, 0970-812 0974-282 0974-152,0973-8, 0974-12, 0975-142 0973-32 0973-15, 0974-172 0975-62 0974-14 and 0975-25. Board entered into a discussion concerning the clean-up of debris on Rockland Key. Motion carried unanimously. REPORTS & 11 RECOMMENDATIONS OF BOARD MEMBERS Mr. Howard Ferris; Supervisor of the Health Department of the Upper Keys, addressed the Board concerning a trailer currently located on Health Department property in the Upper Keys. He advised the Board that he had just been appointed to take care of this matter and that he would have it resolved within the next two weeks. Mr. Ferris was asked to communicate with all of�the Board members concerning the placement of the trailer. �,No further action was taken. LEGAL DEPARTMENT d Motion was ma -de by Commissioner Swift and seconded by Commissioner Harvey to authorize the County Attorney to advertise for a Public Hearing on a proposed Ordinance amending Subsection (b) and adding new subsections to be lettered (c), (d) and (e) under Section 6-57 of Chapter 6 of the Code of Ordinances of Monroe County, Florida; providing for prima facie showing of;holding oneself out as a contrac= tor; providing for identification of trucks and vehicles used in the contracting business; providing for iden- tification of certificates- of competency when advertising or holding oneself out to the,, public as a contractor; amending Section 6-69 of the Code of Ordinances of Monroe County, Florida, to provide for th,e exemption under certain cir- cumstances of one to have a certificate of competency; pro- viding for the severability of this Ordinance; 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. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to approve the Application for Variance to the Flood Hazard Ordinance from The Community Recreation Center to construct a two-story structure con- sisting of restroom facilities and snack bar on the ground level, with a clubhouse and press booth located on the second floor (with several major appliances to be located within the ground floor) within the Harry Harris Park on Key Largo. Mr. Charles Schafstall addressed the Board. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift Yes Mayor Sorensen Yes Motion carried. AWARDING OF BIDS Mr. Bob Harris of Post, Buckley, Schuh & Jernigan advised the Board that they recommended the award of the bid for Roadway Improvements in the City of Key Colony Beach, to the low bidder, The Brewer Co. of Fla., Inc., in the amount of $116,120.80, subject to negotiation with the contractor concerning certain line items in order to make the division of expenses between the County and the City of Key Colony Beach more equitable. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to award the bid for Roadway Improvements, Key Colony Beach Causeway and Ocean Drive East, City of Key Colony Beach, to The Brewer Co. of Fla., Inc. in the amount of $116,120.80, subject t.o negotiations with the contractor concerning certain line items to provide for a more equitable distribution of costs to both the City of Key Colony Beach and Monroe County; and authorizing the County Attorney to prepare and the Chairman to execute the necessary Contract. Motion carried unani- mously. LEGAL DEPARTMENT The scheduled discussion of legal eviction and re - advertising for leasing of the Airport Lounge at the Key West International Airport was withdrawn. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mr. Dick Rudell addressed the Board of County Commissioners concerning his efforts to have a portion of the Bahia Honda State Park, formerly the Atkinson Property, designated as a Clothes Optional Beach. Mr. Rudell pre- sented signed petitions to the Board supporting that con- cept. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen authorizing the County Attorney to prepare and the Chairman to execute a Resolution sup- porting the presentation of a Petition to the State Government regarding a "Clothes Optional Beach at Bahia Honda State Park, requesting the State to grant to the public access to the system and to rule -making proceedings, and requesting the State to make a determination as to this proposal after considering the input received from the public. Roll call vote.was taken with the following r e s u 1ts : 1 1 i i a Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen Yes Motion carried. RESOLUTION NO. 250-1984 See Res. Book No. 39 which i'is incorporated herein by reference. REQUEST TO ;ADDRESS THE BOARD Mr. Don Mathis, Exl,ternal Affairs Manager of Southern Bell, addressed th'e Board concerning the County's current telephone system versus the proposal initially sub- mitted by GTE. h Mr. Robert Epstein, addressed the Board concerning his proposal for a GTE Solar Microwave telephone system. After considerable discussion, Mayor Sorensen appointed a committee consisting of Commissioner Harvey and Commissioner Swift and the County's Consulting Engineers to study tfie issue and report back to the Board, Mr. Marcus McEwen,1of AT&T also addressed the Board concerning the County's telephone equipment. No action was taken. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Swift and Larry Thompson, Chairman of the Board of Adjustment, discussed cases of violations incorrectly appearing before the Board of Adjustment. Motion was made by Commissioner Swift and seconded by Mayor Sorensen requesting the County Administrator to write a letter to all appropriate County Departments, the Board of Adjustment and the Zoning Board, directing that all Code violations should be referred -to the Code Enforcement Board and not to the Board of Ad,bustment. Motion carried un-animousl REQUEST TO, ADDRESS THE BOARD Dr. David P. Rice,, Executive Director of the Guidance Clinic of the Middle Keys, Inc., addressed the Board concerning the need,for additional allocation of Baker Act funding for the curren':it fiscal year. Motion was made by Commissioner Hernandez and, seconded by Mayor Sorensen to approve $3,500.00 to be ea'r-marked in Contingency for addi- tional Baker Act funding tAo the Guidance Clinic of the Middle Keys, Inc.; authorizing, however, that the necessary funds be appropriated from the allocations to the other Clinics if there are any surplus appropriations available. Roll call vote was taken With the following results: Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen Yes Motion carried with Commissioner Harvey being absent from the meeting. I BOARD OF APPEALS Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to; continue until September 21st at 4:00 p.m. in Marathon the request of Can Am Investments, Incorporated to reverse the decision of the Monroe County Board in denying a change of zoning from RU-1 to RU-3 on part of Lot 3 of a map or plat of subdivision of Government Lot 1, all of Government Lots 2 and 3, Section 32, Township 63 South, Range 37 East, and all of Government Lot 1, Section 55 Township 64 South, Range 37 East, made by George McDonald, Civil Engineer, which said map or plat of said subdivision is duly recorded in Plat Book 1, Page 41, of Monroe County, Florida records and Excepting: Herefrom all that part of the above -described premises which lies Northerly of U. S. Highway #1, and two parcels of submerged land in Section 32, Township 63 South, Range 37 East, Upper Matecumbe Key (RU-1 Single Family Residence - RU-3 Multiple Family Residence) and directing the Planning Department to notify all parties concerned. Mr. DeVanney was present and briefly addressed the Board concerning the continuance. Roll call vote was unanimous with Commissioner Harvey being absent from the meeting. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Swift and seconded by Mayor Sorensen to approve the Application for Variance to the Flood Hazard Ordinance from Terry H. Oliver to place a mobile home at the same elevation as the surrounding mobile homes at property located on Boyd Drive in Key Largo, within the mobile home subdivision known as Bermuda Shores. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Swift to disapprove the Applic4tion for -Variance to the Flood Hazard Ordinance from Terry A. Thommes and William McGehee to construct a 448 square foot structure to be used as a garage and storage building (structure to be located adjacent to a single- family house) on Big Pine Key, within the subdivision known as Pine Channel Estates. Motion died for lack of a second. Mr. Thommes addressed the Board. After discussion, motion was made by Mayor Sorensen and seconded by Commissioner Swift authorizing the withdrawal of the Application of Terry A. Thommes and William McGehee and authorizing the refund of the application fee. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by Mayor Sorensen and seconded by Commissioner Swift to approve the Application for Variance to the Flood Hazard Ordinance from Herbert Balmer to place a mobile home at the same elevation as the surrounding mobile homes and a 432 square foot boat storage building at ground level, on Little Torch Key, within the mobile home sub- division known as Coral Shores Estates. Motion carried una- nimously with Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve per staff recom- mendation the Application for Variance to the Flood Hazard Ordinance from James Chaplin for the placement of a metal building to be used as a repair and tool storage building in Marathon, on the south side of U. S. 1 at Mile Marker 49.5. Motion carried unanimously with Commissioner Harvey being absent from the meeting. BOARD OF APPEALS Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to continue until October 19th the 1 1 1 BB U5 1 request of Plantation Point�South, Inc. to reverse the deci- sion of the Monroe County Zoning Board to roll back the,. zoning -from RU-1 to GU on the following described property: TO WIT: being a Part of Government Lot 6, in Section 18, Township 63 South, Range 38"East, being bounded on the West by the East line of Toners Nautical Shores, Plat Book 4, Page 36, and Plantation Ridge, Plat Book 3, Page 43, on the Northeast by the Unrecorded!lPlat of Plantation Lake Estates, and along the South line by!,the Atlantic Ocean, Plantation Key. Motion carried unanimously with Commissioner Harvey being absent from the meeting. LEGALI DEPARTMENT Motion was made by,Commissioner Swift and seconded by Mayor Sorensen to adopt the following Resolution authorizing the Chairman of'Ithe Board of County Commissioners of Monroe County, Florida, to execute an Amendment of Agreement by and between the Department of. Community Affairs and Monroe County with the change of ,Item 3 to eliminate the words "r'econaissance and analysis phase" and substitute the word "work" and "TASK II." Motion carried unanimously with Commissioner Harvey being absent from the meeting. RESOLUTION NO. 251-1984 See Res. Book No. 39 which ,is incorporated herein by reference. i Mr. Bob Ernst of the Middle Keys Citizens Association and Highway Beautification Committee addresised the Board concerning the Resolution petitioning the State of Florida Department of Trans,'portation to transfer certain property to Monroe County, ;accepting title to that property, and authorizing the County {Attorney to prepare the necessary documents to complete the transaction. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to adopt the Resolution and amend to remove reference to the property which has already'been sold to Marathon Builders. Motion carried unanimously,with Commissioner Harvey being absent from the meeting. 1. RESOLUTION NO. 252-1984 See Res. Book No. 39 which;is incorporated herein by reference. Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez directing the County Attorney to review the Department of Tr,ansportation's sale to Marathon Builders and report back to, the Board. Motion carried una- nimously with Commissioner ;Harvey being absent from the meeting. G Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen;to adopt the following Resolution endorsing the proposal to place in various areas sculptures or symbolic facsimiles to 1:ndicate tourist attractions in the Florida Keys. Roll call vote was taken with the following results: CommissionerlHernandez Yes Commissioner ';Swift No Mayor Sorensen Yes i1 f Motion carried with Commissioner Harvey being absent from the meeting. RESOLUTION NO. 253-1984 See Res. Book No. 39 which is incorporated herein by reference. Motion was made by Commissioner Hernandez to post- pone for two weeks a Resolution concerning Treasure Salvors, Inc. Motion died for lack of a second. Motion was then made by Mayor Sorensen and seconded by Commissioner Hernandez to adopt the following Resolution setting forth the Board's support of claims by Treasure Salvors, Inc. and its opposition to State or Federal ownership or title to shipwrecks or archaeological sites. Motion carried unani- mously with Commissioner Harvey being absent from the meeting. RESOLUTION NO. 254-1984 See Res. Book No. 39 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift adopting the following Resolution transferring funds. RESOLUTION NO. 255-1984 See Res. Book No. 39 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to approve vacation for the County Attorney from September 13 through September 21, 1984. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez authorizing the County Attorney to. intervene in the bankruptcy action concerning the Key Largo Airport. Roll call vote was taken with the following results: Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen Yes Motion carried with Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift authorizing the County Attorney to advertise amendments to the TDC Ordinance. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to authorize the preparation of an Ordinance concerning pre-existing mobile home lots in pre- existing mobile home parks. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to authorize the advertisement of amendments to the MSD Ordinance. Motion carried unanimously with Commissioner Harvey being absent from the meeting. 1 1 1 1 1 PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance requiring all persons who o' entities which convey vacant property situated within Monroe County to disclose the pen- dancy of the adoption of the Land Use Plan and the likeli- hood of changes in the County development regulations; requiring execution of an affidavit of disclosure; requiring the recording of such affidavits; providing for severabili- ty; providing for an effect'�ive date. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to read by title only. Motion; carried unanimously with Commissioner Harvey being absent from the meeting. The following persons spoke concerning the Ordinance: Fred Tittle, Attorney; Betty Bullock, Realtor; Charles Mohrbacher; Mike Barr, Real;'tor; Bob Ernst, Middle Keys Citizens Association; and Dominic Cianciolo, Attorney. Motion was made by Commissioner Hernandez to reject approval of the Ordinance. Motion d'ied for lack of a second. Motion was then made by Commissioner Hernandez and seconded by Commissioner Swift to continue this item for two weeks and request the County Attorney; to address several of the points raised by the persons addressing the Ordinance prior to the next Public Hearing. Motion carried unanimously with Commissioner Harvey being absent from the meeting. A Public Hearing was then held on a proposed Ordinance extending the moratorium on major developments permitted under Chapter 6 of the Code of Ordinances of Monroe County, and amending Ordinance Nos. 025-1983 and 015-1984; to provide for an extension of the provisions of the aforesaid Ordinance No: 025-1983 and Ordinance No. 015-1984 until April 30; 1985; concerning those major deve- lopment applications that have received preliminary approval as per Chapter 6 of the Monroe County Code of Ordinances as of this date; giving reasons and the cause for an extension of said moratorium; stating why it is needed and necessary; providing for the length of time for said extension of the moratorium and providing for the steps taken to alleviate said condition; providing for certain exceptions of applica- tions which have received preliminary approval for develop- ment under Chapter 6, Article VII, of the Monroe County Code; providing that no application which has not received preliminary approval shalli,be processed and no new applica- tions for major development shall be accepted; providing for certain exceptions to said;Ordinance to include RU-7 zoned property and properties not zoned RU-7 but where hotels and/or motels are now located; providing for the severabi- lity of each and every provision hereof; providing for!the repeal of any Ordinances or parts of Ordinances in conflict herewith; providing that said Ordinance shall become part of the Code of Ordinances of Monroe County, Florida; providing for an effective date hereof; and providing for the ratifi- cation of any restrictionsiand/or moratoriums heretofore approved. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to read by title only. Motion carried unanimously;, with Commissioner Harvey being absent from the meeting. ,Motion was made by Commissioner Swift and seconded by Comm,issioner Hernandez to approve the amendment to Page 4 of the Ordinance. Motion carried unani- mously with Commissioner Hiarvey being absent from the meeting. The following persons addressed the Board con- cerning the Ordinance: Arlene Reiser; Dagny Wolf; Jim Kotay A 30 ROTPM s ' r. of the K-Mart Enterprises; James Lynch, Attorney and Vice -Chairman of the Key Largo Library Board; Al Beatty; Bill Moran; and Bob Ernst of the Middle Keys Citizens Association. -Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to continue until the next scheduled Public Hearing. Motion carried unanimously with Commissioner Harvey being absent from the meeting. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve payment to Mullin, Rhyne, Emmons and Topel in the amount of $2,356.07 for pro- fessional services rendered in connection with Translator. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to approve change in TDC Job Description, Roll call vote was taken with the following results: Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen Yes Motion carried with Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve payment in the amount of $520.00 to Beyer Funeral Home for the Pauper Burial of Clemente Perez. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Swift and seconded by Mayor Sorensen to postpone until the next Plantation Key meeting consideration of approval of the placement of uti- lity poles at Indian Harbor Subdivision, Motion carried unanimously with. Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to postpone for two weeks con- sideration of an appointment to the Translator Board to replace Henry Staples. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Swift and seconded by Mayor Sorensen to approve the request of Ernest 0. and Maisie Searles for a variance to the AICUZ zone, Zone 2-B, 70-75 db, on Lot 4, Block 4 of Geiger Mobile Homes, as located in Section 27, Township 67 South, Range 26 East. Tamarac Park. Geiger Key. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to approve the Job Description of Computer Operator/Cashier in the Municipal Service District. Motion carried unanimously with Commissioner Harvey being absent from the meeting. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS The re -discussion of Sewer Rate Hearings on Stock Island was withdrawn. 1 1 BB 019 1 u 1 REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Motion was made by�Commissioner Hernandez and j seconded by Mayor Sorensen to appoint Commissioners Harvey, Fahrer and Swift to the Proberty Appraisal Adjustment Board with Commissioner Hernandeza and Mayor Sorensen serving as alternates. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Motion was made by;Commissioner Swift to authorize the preparation of an Ordinance which would prohibit smoking in public buildings. Motion was withdrawn. The item was withdrawn from the Agenda. Motion was made byj'Mayor Sorensen and seconded,by Commissioner Swift to postpone for two weeks a discussion of the Bill Butler Park. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by!Commissioner Swift and seconded by Mayor Sorensen authorizing the County Clerk to pay from the public funds of Monroe County the travel expenses incurred by a representative of the Highway Beautification Committee in traveling to Miami, Florida, for purposes of meeting with representative's of the State of Florida Department of Transportatioia and reviewing documents of!that agency. Motion carried unanimously with Commissioner Harvey being absent from the meeting. RESOLUTION NO. 256-1984 See Res. Book No. 39 which is incorporated herein by reference. i Motion was made by;°Commissioner Swift and seconded by Mayor Sorensen to adopt the following Resolution requesting the Department of Transportation of the State of Florida to first offer to the County any surplus properties along U. S. #1 in Marathon.,, Motion carried unanimously with Commissioner Harvey being absent from the meeting. RESOLUTION NO. 257-1984 See Res. Book No. 39 which ;is incorporated herein by reference. Commissioner Swift, -was to discuss fee negotiations by the Code Enforcement Board, but the item was withdrawn from the Agenda. Motion was made byj-Commissioner Hernandez and seconded by Commissioner Swift.to appoint Commissioner Swift as a member of The North Key Largo Habitat Conservation Planning Work Group and also authorizing travel for Commissioner Swift and a staff planner to attend the meetings of the Committee. ,Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by,Commissioner Hernandez and seconded by Commissioner Swift to adopt the following Resolution requesting the Legislature to re-enact those,;pro- visions of Chapter 336, Florida Statutes (1983), providing for the creation of Special�Taxing Districts for the purpose of road and bridge construction and improvement. Motion carried unanimously with Commissioner Harvey being absent from the meeting. RESOLUTION NO. 258-1984 See Res. Book No. 39 which is incorporated herein by reference. Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to appoint William E. Sellers to the Tourist Development Council as an Associated Business Person for a four-year term. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following Resolution commending Treasure Salvors, Inc. Motion carried unanimously with Commissioner Harvey being absent from the meeting. RESOLUTION NO. 259-1984 See Res. Book No. 39 which is incorporated herein by reference. UNFINISHED BUSINESS Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to approve the waiver of a Permit Fee for Big Pine Key United Methodist Church. Roll call vote was taken with the following results: Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen Yes Motion carried with Commissioner Harvey being absent from the meeting. Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to postpone for two weeks the request for Referendum Elections - MSD Districts. Motion carried unanimously with Commissioner Harvey being absent from the meeting. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to approve reimbursing the Key West Garden Club in the amount of $2,576.95 for the remaining cost of wiring expenditures. Roll call vote was taken with the following results: Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen Yes Motion carried with Commissioner Harvey being absent from the meeting. Motion was made by Mayor Sorensen and seconded by Commissioner Swift to continue until the September 21st meeting a discussion of the Planning Department. Motion carried unanimously with Commissioner Harvey being absent from the meeting. There being no further business, the meeting was adjourned. 1 1 1