10/19/1984 Regulari BB 065
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Regular Meeting
Board of County Commissioners
11 Friday, October 19, 1984
Plantation Key
A regular meeting pf the Board of County
Commissioners convened on the above date. Present and
answering to roll call were Commissioner Alison Fahrer,
Commissioner Wilhelmina Harvey, Commissioner Jerry
Hernandez, Commissioner Ed Swift, and Mayor Ken Sorensen.
Also present were Danny L. Kolhage, Clerk; Lucien Proby,
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. j
Motion was made by4Commissioner Fahrer and seconded
by Commissioner Harvey to approve the following items by una-
nimous consent:
LEGAL DEPARTMENT
Board authorized the County; Attorney to advertise for Public
Hearing a proposed Ordinance amending Ordinance No. 1-1973,
as amended, codified as Chapter 19 of the Monroe County Code
of Ordinances, by creating ,ldesignating and describing a newn
Zoning District to be knowas "Institutional Districts" and
providing for Hospital Districts within said designation;
providing a statement of intent for the creation of Hospital
Zoning Districts; providing for locational requirements,
principal and accessory permitted uses, uses permitted upon
special approval and certai;an prohibited uses; providing for
lot size, area setback andbuilding requirements in said
Hospital Zoning Districts as well as lot coverage percen-
tages and height requirements; providing for hospital room,
floor space, food preparation and density requirements; pro-
viding for parking facilities and for appropriate signs;
providing for the repeal of; Section 19-216(a)(8) to the
extent said Section conflicits with this Ordinance as to the
proper Zoning District in which hospitals may exist and do
business as described in this Ordinance; providing for
inclusion of this Ordinance in the Monroe County Code of
Ordinances as Article XV, Section 19-400 of said Code; pro-
viding for severability; providing for the repeal of all
Ordinances or parts of Ordinances in conflict herewith to
the extent of any such conflict and providing for an effec-
tive date. ;
Board adopted the following; Resolution to approve a Grant
Application Packet by and bletween the Board of County
Commissioners of Monroe County, Florida and State of Florida
Department of Natural Resources re: Boating Improvement
Fund Project at the Marathon County Park, Marathon, Monroe
County, Florida, for repair; to boat ramp, refurbishment of
protecting seawall and construction of dock; and authorizing
the Chairman of the Board of County Commissioners of Monroe
County, Florida to execute4the subsequent Project Agreement
upon approval by the Department of Natural Resources of the
Grant Application.
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RESOLUTION NO. 290-1984
See Res. Book No. 40 which is incorporated herein by
reference.
Board adopted the following Resolution to approve a Grant
Application Packet by and between the Board of County
Commissioners of Monroe County, Florida and State of Florida
Department of Natural Resources re: Boating Improvement
Fund Project for the upgrading of the Garrison Bight boating
facilities at Garrison Bight, Key West, Monroe County,
Florida; and authorizing the Chairman of the Board of County
Commissioners of Monroe County, Florida to execute the sub-
sequent Project Agreement upon approval by the Department of
Natural Resources of the Grant Application.
RESOLUTION NO. 291-1984
See Res. Book No. 40 which is incorporated herein by
reference.
Board adopted the following Resolution to approve a Grant
Application Packet by and between the Board of County
Commissioners of Monroe County, Florida and State of Florida
Department of Natural Resources re: Boating Improvement
Fund Project for the installation of channel markers at Duck
Key Channel, Duck Key, Monroe County, Florida; and
authorizing the Chairman of the Board of County
Commissioners of Monroe County, Florida to execute the sub-
sequent Project Agreement upon approval by the Department of
Natural Resources of the Grant Application.
RESOLUTION NO. 292-1984
See Res. Book No. 40 which is incorporated herein by
reference.
Board adopted the following Resolution to approve a Grant
Application Packet by and between the Board of County
Commissioners of Monroe County, Florida and State of Florida
Department of Natural Resources re: Boating Imp,r..ovement
Fund Project for the upgrading of the Big Coppitt'K'ey.
Gulfside boating facilities at Barcelona Drive, Big Coppitt
Key, Monroe County, Florida; and authorizing the Chairman of
the Board of County Commissioners of Monroe County, Florida
to execute the subsequent Project Agreement upon approval. -by
the Department of Natural Resources of the Grant Application.
RESOLUTION NO. 293-1984
See Res. Book No. 40 which is incorporated herein by
reference.
Board adopted the following Resolution extending the
existing Contract between Monroe County and Newman, Blitz,
McConnell, Inc. until November 30, 1984.
RESOLUTION NO. 294-1984
See Res. Book No. 40 which is incorporated herein by
reference.
Board adopted the following Resolution dedicating the Monroe
County Garage Facility and providing for the commemorating
of said Facility.
RESOLUTION NO. 295-1984
See Res. Book No. 40 which is incorporated herein by
reference.
Board adopted the following Resolution incorporating a
Biological Assessment into the records concerning the'appli-
cation of Rhog, Inc. for the construction of a riprap and
seawall revetment along two sides of a triangular parcel of
land measuring approximately 300' x 350' x 400' on Sunset
Boulevard, Summerland Key, Section 2, Township 67 South,
Range 28 East, Zoned RU-1.
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RESOLUTION NO. 296-1984
See Res. Book No. 40 which is incorporated herein by
reference.
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Board adopted the followinglResolutions concerning receipt
of unanticipated funds.
RESOLUTION NO. 297-1984
RESOLUTION NO. 29�84
RESOLUTION NO. 29— 9-r984
RESOLUTION NO. 300-1984
RESOLUTION NO. 3030—�984
RESOLUTION NO. 302-1984
RESOLUTION NO. 303-1984
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See Res. Book No. 40 which pis incorporated herein by
reference.
Board adopted the followingResolution concerning receipt of
unanticipated funds and rescinding Resolution No. 013-1984.
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RESOLUTION NO. 304-1984
See Res. Book No. 40 which is incorporated herein by
reference.
Board adopted the following'Resolution transferring funds.
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RESOLUTIOW NO. 305-1984
See Res. Book No. 40 which is incorporated herein by
reference. 1
Board adopted the following"Resolution requesting the
Department of Transportation to conduct a traffic study to
consider installation of traffic light at the intersection
of U. S. Highway No 1 and Key Deer Boulevard in Big Pine
Key, Monroe County, Floridal.
RESOLUTION NO. 306-1984
See Res. Book No. 40 which ;is incorporated herein by
reference.
REPORTS & RECOMMENDATI,ONS FROM CLERK TO THE BOARD
Board approved payment of the following Fine and Forfeiture
Expenditures:
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FINE & FORFEITURE FUNDS
COURT -APPOINTED ATTORNEYS, L. E. Brown, in the
amount of 300.00; John P. Rotolo, in the amount of $125.00;
Raymond Bodiford in the amount of $137.50; E. Baxter
Lemmond, in the amount of $675.00.
OTHER EXPENSES, Louis J. Spallone, in the amount of
$50.00; Spire Audio Visual,jin the amount of $105.37.
AUTO ALLOWANCE AND!ITRAVEL, Witness Travel, in the
amount ofF176.36; Witness Travel, in the amount of $442.70;
Witness Travel, in the amount of $252.73.
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COURT REPORTER SERVICES, Associated Court Reporter,
in the amount of 20.00; Certified Court Reporter, in the
amount of $99.50; Florida Keys Reporting, in the amount of
$189.90; Island Reporting Service, in the amount of $102.50;
Island Reporting Service, in the amount of $115.75; Laws
Reporting, Inc., in the amount of $20.00; Salenger Reporting
Service, in the amount of $;20.00; Robert Fazio, in the
amount of $330.60; Florida Keys Reporting, in the amount of
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$43.00; Laws Reporting, Inc., in the amount of $20.00;
Adolfo Mata, in the amount of $117.50; Norman Robbin,
C.S.R., in the amount of $20.00.
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Dr. Jack
Mihalovich, in the amount of 300.00; Dr. Richard Hellman,
in the amount of $250.00; Mental Health Care, in the amount
of $400.00.
COURT INTERPRETER, Jose M. Ruano, in the amount of
$25.00.
REGULAR WITNESS FEES, Witness Payroll, in the
amount of $105.00.
Board approved the following Warrants:
W A R R A N T S
GENERAL REVENUE FUND, #25362-#26569, in the amount
of $1,335,202.94.
GENERAL REVENUE FUND, Boulevard Bank, #136, in the
amount of 133,507.82.
GENERAL REVENUE, FUND, Marathon Bank, #47, in the
amount of 9,058.53.
SUPPLEMENT TO THE GENERAL REVENUE FUND, #167-#168,
in the amount of 35,346.04.
FINE & FORFEITURE FUND, #379-#389, in the amount of
$7079499.64.
ROAD & BRIDGE FUND, #315-#318, in the amount of
$576,891.50.
1981 IMPROVEMENT BONDS, #63-#65, in the amount of
$36,019.33.
1981 IMPROVEMENT BONDS, Int. & Sinking, #29-#31, in
the amount of 934.46.
1981 IMPROVEMENT BONDS, Reserve Account, #12, in
the amount of 1,497.41.
MSD - MARATHON BANK, #25, in the amount of
$3509000.00.
AIRPORT OPERATION & MAINTENANCE FUND, #245-#249, in
the amount of 20,386.14.
MONROE COUNTY GROUP INSURANCE FUND, #51-#57, in the
amount of 8 ,602.47.
LAW LIBRARY FUND, #131-#134, in the amount of
$169289.65.
CARD SOUND BRIDGE REVENUE FUND, #54-#56, in the
amount of 53,847.13.
MSD TAX DISTRICT, MARINE BANK, #548-#558, in the
amount ofS379,06�—
WORKMENS COMPENSATION, #1145-#1174, in the amount
of $109548.42.
TDC, FLORIDA_KEYS FIRST STATE BANK, KEY WEST,
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#134-#148, in the amount ofli$122,327.72.
MSD - FLA. 1ST NAT;L. BANK, Key West, #2154219, in
the amount of $258,070.40.
TRANSLATOR
$100,932.85.
CROSS KEY
$34,000.00.
Board approved the
Canvassing Board:
STATE OF FLORIDA
MONROE COUNTY
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FUND, #h51454, in the -amount of
7
WA ESTATES,
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#06, in the amount of
following Certificate of the County
We, the undersigned, PAUL E. ESQUINALDO, County
Judge, GENE NELSON, Substitiute Member of Supervisor of
Elections, and WILHELMINA HARVEY, Member of the Board of
County Commissioners, constituting the Board of County
Canvassers in and for said County, do hereby certify that we
met in the office of the Supervisor of Elections on the 5th
day of September, A.D., 198;;4, and proceeded to publicly can-
vass the votes given for th'e several offices and persons
herein specified at the REP:UBLICAN PRIMARY Election held on
the 4th day of September, Ai.D., 1984, as shown by the
returns on file in the office of the County Judge and
Supervisor of Elections respectively. We do hereby certify,
from said returns, as follows:
For Representative's in Congress, 19th Congressional
District, the whole number of votes cast was 1,790 of which
number BILL FLANAGAN receiv;,ed 1,144 votes and RUDY
REINSPRECHT received 646 voites.
For Member, Board ;of County Commissioners, District
Five, the whole number of votes cast was 2,071 of which
number CHARLES F. HOWELL received 981 votes, SAUL LANE
received 363 votes, FRED PHILLIPS received 183 votes, and
JOHN C. STORMONT received 5',144 votes.
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/s/ Paul E. Esquinaldo
County Judge
/s/ Gene Nelson,
Substitute Member,
Supervisor of Elections
/s/ Wilhelmina Harvey,
Member, Board of County
Commissioners
Board approved the following Certificate of the County
Canvassing Board:
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STATE OF FLORIDA
MONROE COUNTY
We, the undersigns`,,d, PAUL E. ESQUINALDO, County
Judge, GENE NELSON, Substitute Member of Supervisor of
Elections, and WILHELMINA HARVEY, Member of the Board of
County Commissioners, constituting the Board of County'
Canvassers in and for said'.County, do hereby certify that we
met in the office of the Supervisor of Elections on the 5th
day of September, A.D., 1984, and proceeded to publicly can-
vass the votes given for the several offices and persons
herein specified at the NONPARTISAN Election held on the 4th
day of September, A.D., 1984, as shown by the returns on
file in the office of the County Judge and Supervisor of
Elections respectively. We do hereby certify, from said
returns, as follows:
For Circuit Judge, 16th Judicial Circuit, Group No.
Two, the whole number of votes cast was 9,849 of which
number BILL G. CHAPPELL received 3,583 votes and RICHARD J.
FOWLER received 6,266 votes.
/s/ Paul E. Esquinaldo
County Judge
/s/ Gene Nelson,
Substitute Member,
Supervisor of Elections
/s/ Wilhelmina Harvey,
Member, Board of County
Commissioners
Board approved the following Certificate of the County
Canvassing Board:
STATE OF FLORIDA
MONROE COUNTY
We, the undersigned, PAUL E. ESQUINALDO, County
Judge, GENE NELSON, Substitute Member of Supervisor of
Elections, and WILHELMINA HARVEY, Member of the Board of
County Commissioners, constituting the Board of County
Canvassers in and for said County, do hereby certify that we
met in the office of the Supervisor of Elections on the 5th
day of September, A.D., 1984, and proceeded to publicly can-
vass the votes given for the several offices and persons
herein specified at the DEMOCRATIC PRIMARY Election held on
the 4th day of September, A.D., 1984, as shown by the
returns on file in the office of the County Judge and
Supervisor of Elections respectively. We do hereby certify,
from said returns, as follows:
For Public Defender, 16th Judicial Circuit, the
whole number of votes cast was 9,090 of which number JOHN H.
KEANE received 1,336 votes, HUGH R. PAPY received 3,162
votes, and RAND WINTER received 4,592 votes.
For Sheriff, Monroe County, the whole number of
votes cast was 9,626 of which number WILLIAM A. FREEMAN, JR.
received 5,776 votes and FRANKLIN D. HERNANDEZ received
3,850 votes.
For Tax Collector, Monroe County, the whole number
of votes cast was 8,988 of which number HARRY F. KNIGHT
received 7,206 votes and W. A. "BILL" PERKINS, JR. received
1,782 votes.
For Supervisor of Elections, Monroe County, the
whole number of votes cast was 8,901 of which number R. L.
"BOBBY" BROWN received 4,709 votes and DENNIS WARDLOW
received 4,192 votes.
For Member, Board of County Commissioners, District
Three, the whole number of votes cast was 9,256 of which
number WM. BILLY FREEMAN received 5,004 votes and JERRY
HERNANDEZ JR. received 4,252 votes.
For Member, Board of County Commissioners, District
Five, the whole number of votes cast was 7,756 of which
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number ROBERT H. DUNN received 4,133 votes and MARY "KAY"
REICH received 3,623 votes.,
For School Board Member, District Four, the whole
number of votes cast was 7,1944 of which number GERALDINE T.
CARON received 49719 votesland GENE LYTTON received 3,225
votes.
/s/ Paul E. Esquinaldo
County Judge
/s/ Gene Nelson,
Substitute Member,
Supervisor of Elections
/s/ Wilhelmina Harvey,
Member, Board of County
Commissioners _
Board approved the following Certificate of the County
Canvassing Board:
STATE OF FLORIDA
MONROE COUNTY
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We, the undersigned, PAUL E. ESQUINALDO, County
Judge, GENE NELSON, Substitute Member of Supervisor of
Elections, and WILHELMINA HARVEY, Member of the Board of
County Commissioners, constituting the Board of County
Canvassers in and for said!County, do hereby certify that we
met in the office of the Supervisor of Elections on the 5th
day of September, A.D., 1984, and proceeded to publicly can-
vass the votes given in the Aqueduct Special Referendum
Election held on the 4th day of September, A.D., 1984,,as
shown by the returns on file in the office of the County
Judge and Supervisor of Elections respectively. We do
hereby certify, from said returns, as follows:
QUESTION
SHALL THE BOARD OF DIRECT11
ORS OF THE FLORIDA KEYS AQUEDUCT
AUTHORITY BE COMPOSED OF FOUR -DIRECTORS OF THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT,p WHO SHALL SERVE AS TRANSITION
DIRECTORS FOR THE PERIOD FROM DECEMBER 31st, 1984 THROUGH
JUNE 30, 1986, IN ADDITION'TO FIVE REGULAR MONROE COUNTY
RESIDENT DIRECTORS?
THE WHOLE NUMBER OF VOTES ,CAST WAS 6,052 AS INDICATED BELOW
YES 3,696
NO 2,356
/s/ Paul E. Esquinaldo
County Judge
/s/ Gene Nelson,
Substitute Member,
Supervisor of Elections
/s/ Wilhelmina Harvey,
Member, Board of County
Commissioners
Board approved the following Certificate of the County;
Canvassing Board:
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STATE OF FLORIDA
MONROE COUNTY
We, the undersigned, LOUIS CARBONELL, Substitute
Member, County Judge, GENE NELSON, Substitute Member of
Supervisor of Elections, and WILHELMINA HARVEY, Member of
the Board of County Commissioners, constituting the Board of
County Canvassers in and for said County, do hereby certify
that we met in the office of the Supervisor of Elections on
the 3rd day of October, A.D., 1984, and proceeded to
publicly canvass the votes given for the several offices and
persons herein specified at the REPUBLICAN PRIMARY Election
held on the 2nd day of October, A.D., 1984, as shown by the
returns on file in the office of the County Judge and
Supervisor of Elections respectively. We do hereby certify,
from said returns, as follows:
For County Commissioner, District 5, the whole
number of votes cast was 1,879 of which number CHARLES F.
HOWELL received 914 and JOHN C. STORMONT received 965.
/s/ Louis Carbonell, Substitute
Member, County Judge
/s/ Gene Nelson,
Substitute Member,
Supervisor of Elections
/s/ Wilhelmina Harvey,
Member, Board of County
Commissioners
Board approved the Minutes of the following meetings of the
Board: Special Meetings of August 17, August 30, and
September 11; and Regular Meetings of September 7 and
September 21.
Board acknowledged receipt'of the Annual Report of the Clerk
of the Circuit Court for Fiscal Year ending September 30.,.
1984.
Board approved the following Monroe County Tourist
Development Council expenditures:
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Florida Keys Keynoter
Friends of the Library
Southern Bell
Miami Herald
Key West Citizen
Bill Wickers, Jr.
Hemingway Days Festival
Stuart Newman Inv. 853
Stuart Newman Inv. 854
Stuart Newman Inv. 852
Stuart Newman Inv. 867
Stuart Newman Inv. 862
Stuart Newman Inv. 863
Stuart Newman Inv. 865
Stuart Newman Inv. 866
Stuart Newman Inv. 868
$ 65.00
914.70
480.91
267.90
15.12
9.43
1,755.25
941.20
6,340.00
10,723.43
163.25
1,099.50
2,565.50
2,810.00
1,899.98
2,558.21
Total $32,609.38
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Board authorized refund of money paid for a Right -of -Way Use
Permit to Oceanside Plumbing, in the amount of $10.00,
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inasmuch as the
performed for a
Board approved
Buckley, Schuh
during August,
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fee was mistakenly
fee-exempt;,,agency.
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accepted for work to be
payment in the amount of $33,514.75 to Post,
& Jernigan,Inc. for road work performed
1984.
Board approved the Title I'II C-1 non -recurring funding
amendment contract (Older Americans Act) covering the period
from 1/1/84 to 12/31/84, and authorized execution of same.
Board approved the Title III C-2 non -recurring funding
amendment contract (Older Americans Act) covering the period
from 1/1/84 to 12/31/84, aI�d authorized execution of same.
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Board approved the requesti,of Mr. and Mrs. Adolfo V. Avael
to construct a home within;the AICUZ Zone 2-B (70-75db), on
Lot 4, Block 6 of Boca Chica Oceans Shores, as recorded in
Plat Book 5, Page 49, and ,located in Section 26, Township 67
South, Range 26 East. Zoned RU-1.
Board approved the request;of the Marathon Chapter of
Organized Fishermen of Florida to use an area of the
Marathon Airport for the Annual Seafood Festival in March,
1985. ti
Board authorized James R. Paros, Director of Monroe County
Emergency Services, to meet with Dade County represen-
tatives for preliminary discussions concerning Helicopter
Transportation -Emergency M6dical Services.
Board approved request from James R. Paros, Director of
Monroe County Emergency Se"vices, to submit an application
for Rural Community Fire Protection Program Cost -Share Funds
for Fiscal Year 1984-85 and authorized the Mayor to execute
the same.
Board approved the Community Care for the Elderly Expansion
Application and authorizediexecution of same.
Board approved a Permit Application from A. Earl Cheal for
construction of a rip -rap seawall located in Township 66
South, Range 33 East, Section 6, Keycolony Subdivision;
Block 1, Lot 10, 6th Avenue Gulf, Key Vaca, Monroe County,
Florida. Zoned RU-1.
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Board approved a Permit Application from Herb Goodman for a
seawall and riprap located�in Township 66 South, Range 29
East, Section 29, Ramrod Shores Subdivision, Lot 1-B, Coral
Avenue M.M. 28, Ramrod Key,: Zoned RU-1.
Motion carried unanimously
PUBLIC HEARINGS
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A Public Hearing vas held on a proposed Ordinance
establishing special assessments and service charges for
garbage collection rates for residential and commercial
collection service from January 1, 1985 through December 31,
1985; repealing all Ordinances in conflict with this
Ordinance; providing an effective date. Proof of publica-
tion was entered into the records. Motion was made by
Commissioner Fahrer and seconded by Commissioner Swift .to
read by title only. Motion carried unanimously. Mr.
Charles Aguero, Manager of the Municipal Service District,
briefly discussed the proposed Ordinance establishing spe-
cial assessments and service charges. The following indivi-
duals spoke: John Dutton,,Richard McKeever and Charles
Johnson. Motion was made by Commissioner Fahrer and
seconded by Commissioner Swift to adopt the Ordinance. Roll
call vote was taken with the following results:
Commissioner
Fahrer
Yes
Commissioner
Harvey
Yes
Commissioner
Hernandez
Yes
Commissioner
Swift
Yes
Mayor Sorensen
No
Motion carried.
ORDINANCE NO. 026-1984
See Ord. Book No. 8 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 Sections 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 repealing of all Ordinances or parts
of Ordinances in conflict with this Ordinance to the extent
of said conflict; providing for inclusion in the Monroe
County Code of Ordinances; and providing for an effective
date. Proof of publication was entered into the records.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Harvey to read by title only. Motion carried
unanimously. Mr. Joe Bell, Chairman of the Monroe County
License Examining Board, addressed the Board concerning the
proposed Ordinance. Motion was made by Commissioner Swift
and seconded by Commissioner Hernandez to adopt the
Ordinance. Roll call vote was taken with the following
results:
Commissioner
Fahrer
Yes
Commissioner
Harvey
No
Commissioner
Hernandez
Yes
Commissioner
Swift
Yes
Mayor Sorensen
Yes
Motion carried.
ORDINANCE NO. 027-1984
See Ord. Book No. 8 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded by
Commissioner Harvey to reconsider the previous action. Roll
call vote was taken with the following results:
Commissioner
Fahrer
No
Commissioner
Harvey
Yes
Commissioner
Hernandez
No
Commissioner
Swift
Yes
Mayor Sorensen
No
Motion failed.
As a Point of Personal Privilege, Commissioner
Swift discussed the Ordinance which was the subject of the
previous Public Hearing and indicated that he would proceed
to have prepared some amendments to that Ordinance. At this
point, the Chairman ruled any further discussion of the
Ordinance already passed out of order. Commissioner Harvey
then challenged the Chair. The challenge died for lack of a
second.
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REQUEST TO"ADDRESS THE BOARD
Mr. Harry Knight,;�Tax Collector, addressed the
Board concerning a request for authority to extend the 1984
Tax Roll prior to the conclusion of the hearings of the
Property Appraisal Adjustment Board and indicated that the
Property Appraiser advised!that the petitions before the
Property Appraisal Adjustment Board would not result in a
decrease to the Tax Roll for any District of 3% or more.
Motion was made by Commissioner Swift and seconded by
Commissioner Hernandez granting the request of the Tax
Collector and authorizing the extension of the 1984 Tax Roll
prior to the conclusion of;the hearings of the Property
Appraisal Adjustment Board: Motion carried unanimously.
Mr. Knight then presented his Annual Report and
distribution of excess fees in the amount of $511,779.80.
Mr. Knight indicated that the amount which he was presenting
to the Board of County Commissioners exceeded their antici-
pated amount by approximately $200,000.00. He formally
requested that they allocate $70,000.00 for emergency
generating equipment for the Courthouse due to the many com-
puter operations which are"on-going at that location and
which require a complete shutdown of services during the
periods when there are power outages. Motion was made by
Commissioner Harvey and seconded by Mayor Sorensen to accept
the Annual Report of the Tax Collector for 1983-84 and the
distribution of excess fees in the amount of $511,779.80,
and to thank Mr. Knight fo,' the continued efficient opera-
tion of his office. Motion carried unanimously. Motion was
then made by Commissioner Harvey and seconded by
Commissioner Hernandez to allocate the amount of $70,000.00
of the additional excess fees of the Tax Collector, per Mr.
Knight's request, for emergency generating equipment at the
Courthouse in Key West. Roll call vote was taken with the
following results:
Commissioner Fahrer No
Commissioner' Harvey Yes
Commissioner,Hernandez Yes
Commissioner Swift No
Mayor Sorensen No
Motion failed. Motion was,then made by Mayor Sorensen and
seconded by Commissioner Fahrer to refer this matter to the
County Administrator, the Public Works Director, and the'
Constitutional Officers toireview priorities as to the use
of the additional excess fees from the Monroe County Tax
Collector for capital imprdvements in the Courthouse area.
Motion carried unanimously
PUBLIC HEARINGS
A Public Hearing was held 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 identifiacation 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; providing
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
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Code of Ordinances of Monroe County; and providing for an
effective date. Proof of publication was entered into the
records. Motion was made by Commissioner Hernandez and
seconded by Commissioner Fahrer to read by title only. Mr.
Joe Bell addressed the Board concerning the proposed
Ordinance. Motion was made by Commissioner Fahrer and
seconded by Commissioner Swift to strike Section 3 of the
proposed Ordinance. During discussion, motion was
withdrawn. Mr. Bill Smith of the Florida Keys Contractors
Association and Mr. John Neraal addressed the Board con-
cerning the proposed Ordinance. Motion was made by
Commissioner Fahrer and seconded by Commissioner Swift to
adopt the Ordinance with the deletion of Section 3 thereof.
Motion carried unanimously.
ORDINANCE NO. 028-1984
See Ord. Book No. 8 which is incorporated herein by
reference.
LEGAL DEPARTMENT
Mr. Art Skelly, Airport Director, discussed the
request for authorization to advertise for a Notice of
Calling for Proposals for non-exclusive leases for car ren-
tal space and facility service areas at Key West
International Airport and Marathon Airport upon expiration
of the Avis lease, which is now expired and continues on a
month -to -month basis. Mr. John Bigler, Attorney repre-
senting Avis, addressed the Board and requested that there
be amendments to the specifications, a delay in the bid
dates, and also that the County conduct a pre -bid conference.
Mr. Skelly indicated that those things had already been pro-
posed by his office. Motion was made by Commissioner
Hernandez and seconded by Commissioner Harvey to accept the
recommendation of Mr. Skelly to have the bid opening sche-
duled for January 1st and requesting that Mr. Skelly meet
with the Airport Advisory Committee as to the specifications
and also that he conduct a pre -bid conference. Motion
carried unanimously.
REQUEST TO ADDRESS THE BOARD
Mr. Robert Padron, Manager of City Electric System,
addressed the Board concerning the difficulties that City
Electric System was encountering concerning the Tie -Line
Project and requested their support. At the end of the con-
versation, motion was made by Commissioner Swift and
seconded by Commissioner Harvey to adopt the following
Resolution supporting the City Electric System of the
Utility Board of the City of Key West, Florida's efforts to
negotiate an interconnection and transmission agreement with
the Florida Keys Electric Cooperative, Inc.
RESOLUTION NO. 307-1984
See Res. Book No. 40 which is incorporated herein by
reference.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Dr. Jeff Doyle discussed the policy of the Board of
County Commissioners concerning pyramiding. Motion was made
by Commissioner Swift and seconded by Commissioner Fahrer to
have prepared and forwarded to the Zoning Board for their
consideration an Ordinance concerning pyramiding. During
discussion, motion was made by Mayor Sorensen to amend to
allow Dr. Doyle to make administrative decisions concerning
BU-1 uses in BU-2 zones prior to the adoption of the pro-
posed Ordinance. Roll call vote on the amendment was taken
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with the following results
Commissioner
Fahrer
Yes
Commissioner
Harvey
No
CommissionerjSwift
Yes
Mayor Sorensen
Yes
Motion, as amended, carried
with Commissioner
Hernandez
being absent from the meeting. Ms. Elsie
Marshall discussed
the proposed Ordinance.
I
OPENING OF BIDS
11
The Clerk advisedthe
Board .that
he was in
possession of five sealed bids for the
Monroe County
Nutrition Program for Senior Citizens.
Motion was made by
Commissioner Swift and seconded by Mayor
Sorensen to open
the bids. Motion carried
The Clerk advised
unanimously.
the Board that he was in possession of
the following bids:
Fishermen's Hospital, Inc.
$3.00 Per Meal
3301 Overseas Higbway
Marathon Senior
Marathon, Fl. 33050
Citizens Center
District School Board of
$2.85 Per Meal
Monroe County '+
Key West, Big
242 White Street
Pine, Marathon,
Key West, Fl. 33040
Plantation
(del. not avail.
to Big Pine,
Marathon or
homebound res.)
Lower Florida Keys Hospital
$2.489 Per Meal
District d/b/a Florida Keys
Key West -.
Memorial Hospital:
Armory and
5900 W. Junior College Rd.
Douglass School
Key West, F1. 33040
Mariners Hospital;
$3.25 Per Meal
50 High Point Road
Plantation!Sr.
Tavernier, Fl. 33070-
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Citizens Center
Florida Food Systems
$2.21 Per Meal
Management, Inc.
Harris School
760 N. E. 28th Avenue
Key West and
Pompano Beach, F11 33062
Big Pine
Motion was made by Commissioner Harvey
and seconded by
Commissioner Fahrer to refer to staff.
Motion carried
unanimously with Commissioner Hernandez
being absent from
the meeting.
The Clerk advised
the Board that
he was in
possession of three sealedibids
for One
New Compact Pickup
Truck, 1984 or 1985, 103"-114"
wheelbase,
for the Airport.
Motion was made by Commissioner
Harvey
and seconded by
Commissioner Fahrer to open
the bids.
Motion carried unani-
mously. The Clerk advised
ithe Board that
he was in
possession of the following
bids:
d
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Key West Toyota, Inc.
$6,796.00
1600 N. Roosevelt,Blvd.
Key West, Fl. 33040
'
a
Duncan Ford, Lincoln-Mercury
$7,384.00
1618 N. RoosevelCBlvd.
Key West, F1. 33040
Bob Chango Inc. $6,779.67
3500 N. Roosevelt Blvd.
Key West, F1. 33040
Motion was made by Commissioner Harvey and seconded by
Commissioner Fahrer to refer to staff for a report back.
Motion carried unanimously with Commissioner Hernandez being
absent from the meeting.
LEGAL DEPARTMENT
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer authorizing the County Attorney to
advertise a Notice of Calling for Proposals for the Boot Key
Harbor Dockmaster concessions. Motion carried unanimously
with Commissioners Hernandez and Swift being absent from the
meeting.
Motion was made by Commissioner Fahrer and seconded
by Mayor Sorensen to authorize the County Attorney to adver-
tise for Public Hearing a proposed Ordinance pertaining to
the replacement and substitution of currently existing
mobile homes by the owners thereof with newer or new mobile
homes in certain specified Zoning Districts; providing for a
procedure for obtaining replacement permits through the
Monroe County Zoning Department and the Zoning Board after
public hearing; providing criteria governing the issuance of
replacement permits; providing that replacement permits
shall not be rued in certain specified Zoning Districts;
providing for an appeals procedure concerning the granting
or denial of such replacement permits by the Monroe County
Board of County Commissioners; providing for severability;
providing that all Ordinances or parts of Ordinances in
conflict with this Ordinance are repealed; providing for
inclusion in the Monroe County Code of Ordinances; and pro-
viding for an effective date. Motion carried unanimously
with Commissioners Hernandez and Swift being absent from the -
meeting.
Motion was made by Mayor Sorensen and seconded by
Commissioner Fahrer to authorize the County Attorney to
advertise for Public Hearing.'a proposed Ordinance amending
Ordinance No. 1-1973, Article X, as amended, codified as
Section 19-218 of the Monroe County Code of Ordinances and
entitled "Alcoholic Beverages" by repealing and deleting
Sections (a), (b), (c), (d) and (e) thereof, and substi-
tuting therefor new and rewritten Sections; providing for a
statement of purpose; providing for the creation of alcoho-
lic beverage use permits to be issued upon the authority of
the Monroe County Zoning Board after due notice to affected
property owners within five hundred feet of the applicant's
premises and public notice by publication not less than
thirty days prior to public hearing thereon; providing for
alcoholic beverage use permit classifications corresponding
to those alcoholic beverage license classifications as here-
tofore and hereafter adopted by the State of Florida; pro-
viding for standards for the issuance of such alcoholic
beverage use permits to be addressed and considered by the
Zoning Board prior to approval or disapproval at the public
hearing of applications for such permit; providing for pro-
hibition of the issuance of such permits except in certain
enumerated Zoning Districts; providing for transferability
of such permits and alienation thereof as privileges running
with the land; providing for issuance of such permits upon
reasonable conditions deemed necessary by the Zoning Board
to protect the health, safety and welfare of the affected
neighboring property owners and the public generally; pro-
viding for appellate procedure for aggrieved persons;
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repealing all Ordinances or parts of Ordinances in conflict
with this Ordinance to the -!extent of such conflict; pro-
viding for severability; providing for inclusion in the
Monroe County Code of Ordinances; and providing for an,
effective date. Motion carried unanimously with
Commissioners Hernandez and Swift being absent from the
meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey to adopt the following Resolution
authorizing the Chairman of the Board of County
Commissioners of Monroe County, Florida to approve and exe-
cute a Lease Agreement by and between Monroe County and
Donald J. Vecchie, for land at the Key West International
Airport. Motion carried unanimously with Commissioners
Hernandez and Swift being absent from the meeting.
i
RESOLUTION NO. 308-1984
See Res. Book No. 40 which;is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded
by Mayor Sorensen to adopt,;the following Resolution
authorizing the Chairman of the Board of County
Commissioners of Monroe County, Florida to approve and,;exe-
cute an Agreement by and between the County of Monroe,'State
of Florida, and Provincetown Boston Airlines, Inc. Motion
carried unanimously with C'';mmissioners Hernandez and Swift'
being absent from the meeting.
RESOLUTION NO. 309-1984
See Res. Book No. 40 which;lis incorporated herein by
reference.
Motion was made by'i Commissioner Harvey and seconded
by Mayor Sorensen to adopt.a Resolution authorizing the,
Chairman of the Board of County Commissioners of Monroe
County, Florida to approve and execute an Agreement by and
between the State of Florida Department of Health and
Rehabilitative Services anda the Monroe County Board of
County Commissioenrs for service of process under the Child
Support Enforcement Program. Motion carried unanimously
with Commissioner Hernandez being absent from the meeting.
After discussion, motion was made by Commissioner Swift and
seconded by Commissioner Harvey to reconsider this matter.
Motion carried unanimously with Commissioner Hernandez being
absent from the meeting. Motion was made by Commissioner
Swift and seconded by Mayor�,Sorensen to refer this matter to
the Clerk. Motion carried unanimouusly with Commissioner
Hernandez being absent from;the meeting.
i
Motion was made by'lCommissioner Fahrer and seconded
by Mayor Sorensen to adopt the following Resolution incor-
porating a Biological Assessment into the records concerning
the application of Robert C11 Krieter to excavate.a Boat'
Basin at Lots 24 and 25, Block 13, Key Largo Ocean Shores
Subdivision, Key Largo, Zoned RU-3. Motion carried unani-
mously with Commissioner Hernandez being absent from the
meeting. I
RESOLUTION NO. 310-1984
See Res. Book No. 40 which is incorporated herein by
reference.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Mayor Sorensen discussed the Report of Forfeited
Vehicles/Vessels from the Sheriff's Office for the Quarter
ending September 30, 1984, pursuant to Florida Statutes
932.704(5). Motion was made by Commissioner Fahrer and
seconded by Commissioner Harvey to accept the Report.
Motion carried unanimously with Commissioner Hernandez being
absent from the meeting.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Motion was made by Mayor Sorensen and seconded by
Commissioner Swift to approve payment in the amount of
$585.00 to Beyer Funeral Home for the Pauper Burial of Lars
Lundegard and payment in the amount of $450.00 to Lopez
Funeral Home for the Pauper Burial of Douglas A. DeVall.
Roll call vote was taken with the following results:
Commissioner Fahrer
No
Commissioner Harvey
No
Commissioner Swift
Yes
Mayor Sorensen
Yes
Motion failed. Mrs. Harvey was asked to meet with Mrs.
Beyer in an attempt to resolve the conflict concerning the
amount of the bill for the Pauper Burial of Lars Lundegard.
Motion was then made by Commissioner Harvey and seconded by
Commissioner Fahrer to approve payment of the bills as
recommended by staff. Motion carried unanimously with
Commissioner Hernandez being absent from the meeting.
REQUEST TO ADDRESS THE BOARD
Mr. John Goodnight, District Engineer, Florida
Department of Transportation, addressed the Board concerning
surplus right-of-way property in the Marathon area. After
discussion, this matter was referred to Commissioner Fahrer
to meet with DOT and citizens of the Marathon area con-
cerning this matter.
Mr. Goodnight also discussed the request from the
County for speed studies and the progress that the
Department was making in that area. No action was taken.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Art Skelly, Director of Airports, addressed the
Board concerning the request of Jet Stream for counterspace
at Key West International Airport. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer
authorizing Mr. Skelly to negotiate a standard lease
agreement for counterspace and landing rights at the Key
West International Airport with Jet Stream, including a
ninety -day cancellation clause at the election of the County
and also including the requirement of a $15,000.00 perfor-
mance bond and authorizing the Chairman to execute same.
Motion carried unanimously with Commissioner Hernandez being
absent from the meeting.
UNFINISHED BUSINESS
Motion was made by Commissioner Swift and seconded
by Commissioner Harvey to approve the staff recommendation
concerning a voluntary deduction Dental Plan for Monroe
County employees and authorizing the acceptance of the
Dental Health, Inc. proposal. Motion carried unanimously
with Commissioner Hernandez being absent from the meeting.
LEGAL DEPARTMENT
County Attorney Proby discussed the Referendum to
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be held November 6th on the 1% Additional Sales Tax for the
purpose of the construction of criminal justice facilities
and advised the Board -that'jhe had distributed information
concerning the tax to the media.
Mr. Proby discussed the fact that the current mem-
bers of the Housing Finance Authority were appointed without
reference to the expiration of their terms. After
discussion, motion was mad6 by Mayor Sorensen and seconded
by Commissioner Harvey to defer this matter to the County
Attorney for an appropriate amendment to the Ordinance -for
the purpose of establishing the terms of the members of the
Housing Finance Authority.' Motion carried unanimously'with
Commissioner Hernandez being absent from the meeting.
Motion was made by Mayor Sorensen and seconded by
Commissioner Harvey to provide that all members currently
serving on the Housing Finance Authority would continue to
serve until the adoption of the Ordinance establishing the
terms. Motion carried unanimously with Commissioner
Hernandez being absent from the meeting.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to approve.a Certificate of Public
Convenience and Necessity to the Big Coppitt, Sugarloaf and
Tavernier Volunteer Fire Departments. Motion carried unani-
mously with Commissioner Hernandez being absent from the
meeting.
Motion was made by Commissioner Fahrer and seconded
by Mayor Sorensen to approve the legal fees of Mr. Joe
Sharit in the amount of $12,920.70, funding to come from
Contingency. Motion carried unanimously with Commissioner
Hernandez being absent from the meeting.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to approve the accrued annual leave
to be paid to Mr. E. Baxter Lemmond, former Assistant County
Attorney, in the amount of;$806.40. Motion carried unani-
mously with Commissioner Hern.andez being absent from the
meeting. ,1
Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey tor,econsider the previous action
denying the transfer of funds for the Public Defender's
Office. Motion carried unanimously with Commissioner
Hernandez being absent from the meeting. Motion was made by
Commissioner Fahrer and seconded by Commissioner Harvey to
authorize the transfer from Contingency as follows: Medical
Examiner - $6,065.38; Planning Department - $2,900.00 to
Travel; Public Defender's Office - $4,322.84 to
Communications. Motion carried unanimously with
Commissioner Hernandez being absent from the meeting.
Motion was made by Commissioner Swift and seconded
by Commissioner Harvey to approve the lease for space for
the Public Defender in Marathon. Motion carried unanimously
with Commissioner Hernandez being absent from the meeting.
Motion was made by Commissioner Swift and seconded
by Commissioner Harvey to approve fees for legal services to
Mr. Karl Beckmeyer, Attorney, in the amount of $990.00.
Motion carried unanimously1with Commissioner Hernandez being
absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize the transfer of
$15,000.00 from Contingency to Board of County Commissioners
Travel Account. Motion carried unanimously with
Commissioner Hernandez being absent from the meeting.
The Board discussed the request by The School Board
for street lights on Sugarloaf Key and in Key Haven. Mr.
Lewin was directed to write to The School Board concerning a
light at the schools and suggesting that they install at
their own expense. Motion was made by Commissioner Swift and
seconded by Mayor Sorensen directing the County
Administrator to write to The School Board and ask them to
request the constituents in the area of the requested lights
to contact their respective County Commissioners. Motion
carried unanimously with Commissioner Hernandez being absent
from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve the General Consulting
Airport Agreement with BR&R Associates in the amount of
$4,800.00 and authorize the Chairman to execute the same.
Motion carried unanimously with Commissioner Hernandez being
absent from the meeting.
Motion was made by Commissioner Swift and seconded
by Commissioner Harvey to approve award of Contract to Frank
Keevan & Son, low bidder, for construction of AIP-01, Taxi
Light System at Marathon Airport in the amount of $96,033.50
which has been approved by FAA. Roll call vote was taken
with the following results:
Commissioner Fahrer No
Commissioner Harvey Yes
Commissioner Swift Yes
Mayor Sorensen Yes
Motion carried with Commissioner Hernandez being absent from
the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve the Application for Variance
to the Flood Hazard Ordinance of Donald J. McVicker to place
a mobile home at the same elevation as the surrounding
mobile homes located on Little Torch Key, within the mobile
home subdivision known as Coral Shores Estates Mobile Homes,
Section One. Motion carried unanimously with Commissioner
Hernandez being absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve t-he Application for
Variance to the Flood Hazard Ordinance of Jose Alvaro
Gonzalez 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.
Motion carried unanimously with Commissioner Hernandez being
absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve the Application for
Variance to the Flood Hazard Ordinance of Ocean Reef Club,
Inc. to enclose an area approximately 800 square feet at the
northernmost end of the Pompano Hotel Wing being constructed
at this time for use as a Sundries Shop and Shoeshine Stand
for guests at the Club on Key Largo. Motion carried unani-
mously with Commissioner Hernandez being absent from the
meeting.
Motion was made by Commissioner Fahrer and seconded
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by Commissioner Swift to approve the Application for
Variance to the Flood Hazard Ordinance of Joe Roth -Holiday
Isle Resort & Marina to construct additional toilet facili-
ties for the transient dock area at the Resort on Windley
Key. Motion carried unanimously with Commissioner Hernandez
being absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift -to approve per staff recommendtions
the Application for Variance to the Flood Hazard Ordinance
of Pilot House Marina, Inc., to construct a 20 x 20 CBS
Storage Building and a 15 x;, 15 CBS Restroom Facilities at
the Marina on Key Largo. Motion carried unanimously with
Commissioner Hernandez beinig absent from the meeting.
Motion was made by! Commissioner Fahrer and seconded
by Commissioner Swift to approve the Application for
Variance to the Flood Hazard Ordinance of Pinellas Marine
Goods & Fuel, Inc. for replacement of the Marine Goods Sales
and Storage Building (burned down in a recent fire) at the
previous elevation on Key Vaca. Motion carried unanimously
with Commissioner Hernandei being absent from the meeting.
Motion was made byyCommissioner Fahrer and seconded
by Commissioner Swift to approve the Application for
Variance to the Flood Hazard Ordinance of Thomas J. Bresson
and John D. Whalton to construct warehouse structures on the
ground level which has a current elevation of five feet on
Big Pine Key. Motion carried unanimously with Commissioner
Hernandez being absent from�the meeting.
Motion was made byyCommissioner Fahrer and seconded
by Commissioner Swift to approve the Application for
Variance to the Flood Hazar8 Ordinance of Henry Arnold to
place an air-conditioning compressor unit below the
established base flood elevation, within the subdivision
known as Flamingo Island Estates on Boot Key. Motion
carried unanimously with Commissioner Hernandez being absent
from the meeting.
Motion was made bylCommissioner Fahrer and seconded
by Commissioner Swift to approve the Application for
Variance to the Flood Hazard Ordinance of Donald C. Wiser to
place a residential water heater and air-conditioning
compressor unit below the estbalished base flood elevation,
within the subdivision know' as Venice on Key Vaca. Motion
carried unanimously with Commissioner Hernandez being absent
from the meeting.
Motion was made by:Commissioner Fahrer and seconded
by Commissioner Swift to approve the Application for
Variance to the Flood Hazard Ordinance of James Keeney to
place an air-conditioning compressor unit below the
established base flood elevation, within the subdivision
known as Paraiso Estates on;!Key Vaca. Motion carried unani-
mously with Commissioner Hernandez being absent from the
meeting.
Motion was made by9Commissioner Fahrer and seconded
by Commissioner Swift to approve the Application for
Variance to the Flood Hazard Ordinance of Robert Sentz for
sale of property subject to'lapproval for flood variance,
within the subdivision known as Cross Keys Waterway on Key
Largo. Motion carried unanimously with Commissioner
Hernandez being absent fromIthe meeting.
Motion was made by,Commissioner Fahrer and seconded
by Commissioner Swift to approve the Application for
BB.- w : 084
Variance to the Flood Hazard Ordinance of George W.
Robertson for sale of property subject to approval for flood
variance, within the subdivision known as Bermuda Shores on
Key Largo. Motion carried unanimously with Commissioner
Hernandez being absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize refund of money paid for
a Zoning Change Application in the amount of $100.00 and a
Dimensional Variance Application in the amount of $100.00 to
Charles Lee, inasmuch as the Zoning Department was unable to
process due to the fact that the property did not meet the
required lot area, depth or width requirements. Motion
carried unanimously with Commissioner Hernandez being absent
from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize refund of money paid for
a Zoning Change Petition to Charlene Fogle, in the amount of
$100.00, inasmuch as Mrs. Fogle decided to withdraw her
Petition. Motion carried unanimously with Commissioner -
Hernandez being absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize refund of money paid for
a Dimensional Variance to Charles R. Docis, in the amount of
$100.00, inasmuch as a variance was not needed for his pro-
posed construction. Motion carried unanimously with
Commissioner Hernandez being absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize refund of money paid for
a Variance to Clarence J. & Jacqueline G. Keevan, in the
amount of $100.00, inasmuch as Mr. & Mrs. Keevan did not
need to apply for a variance prior to issuance of a building
permit. Motion carried unanimously with Commissioner
Hernandez being absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize refund of money paid to
Clarence J. & Jacqueline G. Keevan and Roy & Ada Silvers, in
the amount of $100.00, inasmuch as the applicants did not
need to apply for a variance prior to issuance of'a building
permit. Motion carried unanimously with Commissioner
Hernandez being absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize refund of money paid for
a Building Permit Fee in the amount of $570.00 and for a
County Biologist's Review in the amount of $75.00 to Joe
Roth, Owner, Tavernier Creek Marina, inasmuch as the appli-
cant is unable to build the proposed pedestrian bridge at
this time. Motion carried unanimously with Commissioner
Hernandez being absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize refund of money paid for
a County Biologist's Review to Charley Toppino & Sons, Inc.,
in the amount of $75.00, inasmuch as the Review charge was
in error. Motion carried unanimously with Commissioner
Hernandez being absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize refund of money paid for.
a Flood Hazard Variance Fee to Richard Williams, in the
amount of $50.00, inasmuch as the variance was not required.
Motion carried unanimously with Commissioner Hernandez being
absent from the meeting.
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Motion was made by!;Commissioner Harvey and seconded
by Mayor Sorensen to authorize refund of money paid for'a
Building Permit Fee to Jewish Community Center, in the
amount.of $123.00, inasmuchjas the Permit was issued to.a
non-profit organization. Roll call vote was taken with'the
following results:
I
Commissioner Fahrer No
Commissioner ,Harvey Yes
Commissioner Swift No
Mayor Sorensen Yes
Motion failed. Motion was lade by Commissioner Swift and
seconded by Mayor Sorensen to reconsider the matter. Motion
carried unanimously with Commissioner Hernandez being absent
from the meeting. Commissioner Fahrer was asked to write a
letter to the Jewish Community Center concerning their
request.
Motion was made byCommissioner Swift and seconded
by Commissioner Fahrer to authorize refund of money paid for
a Master Mechanical Examination to Victor L. Keller, inithe
amount of $50.00, inasmuch as Mr. Keller was unable to take
the Examination due to a job? -related accident, unless the
County has already paid for4the Examination. Motion carried
unanimously with Commissioneir Hernandez being absent from
the meeting. ;
Motion was made by ;Commissioner Fahrer and seconded
by Commissioner Swift to authorize Chairman to execute a
Lease -Purchase Contract with) De Wind Machinery Company for
one Rex Model 3-35 Trash Masiter. Roll call vote was taken
with the following results:
Commissioner F;ahrer Yes
Commissioner Harvey No
Commissioner Swift Yes
Mayor Sorensen Yes
Motion carried with Commissioner Hernandez being absent from
the meeting.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Mr. Frank Romano, Vice -Chairman of the Tourist
Development Council, addressed the Board concerning the pro-
posed amendments to the TDC Ordinance as approved by the
Tourist Development Council.!.� Motion was made by
Commissioner Fahrer and seconded by Commissioner Harvey to
authorize the advertisement of the amendments to the TDC,
Ordinance. During discussion, motion was withdrawn. Motion
was made by Commissioner Swift and seconded by Commissioner
Fahrer to eliminate Section 3 concerning an amendment to -the
distribution of funds. Roll call vote was taken with the
following results: iI
Commissioner FaIhrer Yes
Commissioner Harvey No
Commissioner Swift Yes
Mayor Sorensen No
4
Motion failed. Motion was made by Commissioner Harvey and
seconded by Mayor Sorensen to, authorize the advertisement of
he amendments to the TDC Ordlinance as approved and pre-
ented by the Tourist Develop'Ilrment Council. Roll call vote
as taken with the followingiresults:
I:: A' ,
Commissioner Fahrer
No
Commissioner Harvey
Yes
Commissioner Swift
No
Mayor Sorensen
No
Motion failed. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer to authorize the adver-
tisement of the TDC Ordinance including Sections 1 and 2 of
the proposed amended Ordinance only and requiring two Public
Hearings. Roll call vote was taken with the following
results:
Commissioner Fahrer Yes
Commissioner Harvey No
Commissioner Swift Yes
Mayor Sorensen No
Motion failed. Motion was made by Mayor Sorensen and
seconded by Commissioner Fahrer to continue this item for
two weeks. Roll call vote was unanimous with Commissioner
Hernandez being absent from the meeting.
BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeals. Present were Commissioners Fahrer, Harvey and
Swift, and Mayor Sorensen. Absent from the meeting was
Commissioner Hernandez. Also present were Danny L.
Kolhage, Clerk; Lucien Proby, County Attorney; Kermit Lewin,
County Administrator; Dr. Jeffrey Doyle, Director of
Planning; members of the Press and Radio; and the general
public.
Mr. Chuck Tittle, attorney for Plantation Point
South, addressed the Board concerning their request to
reverse the decision 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 Plat of
Plantation Lake Estates, and along the South line by the
Atlantic Ocean; Plantation Key. Mr. Joe Miklas, attorney,
addressed the Board opposing the appeal. Motion was made by
Commissioner Fahrer and seconded by Commissioner Harvey to
deny the appeal and uphold the decision of the Zoning Board.
Roll call vote was taken with the following results:
Commissioner Fahrer Yes
Commissioner Harvey Yes
Commissioner Swift No
Mayor Sorensen No
Motion failed. Motion was made by Mayor Sorensen and
seconded by Commissioner Swift to adopt the following
Resolution reversing the decision of the Zoning Board of
Monroe County, Florida, without prejudice and approving the
request of Plantation Point South to reverse the decision of
the Zoning Board of Monroe County, Florida, rolling back the
subject property to GU zoning classification and declaring
the final major development plan null and void.
RESOLUTION NO. 311-1984
See Res. Book No. 40 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
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Commissioner Fahrer No
Commissioner Harvey Yes
Commissioner Swift Yes
Mayor Sorensen Yes
Motion carried with Commissioner Hernandez being absent:from
the meeting.
Dr. Doyle read a letter to the Board from Can Am
Investments, Incorporated asking for a continuance con-
cerning their request 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 5, 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 4,1, 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).; The Board continued with the
scheduled Appeal. Motion was made by Commissioner Fahrer
and seconded by Commissioner Harvey to adopt the following
Resolution upholding the decision of the Zoning Board of
Monroe County, Florida, without prejudice and denying the
request of Can Am Investments, Inc. to reverse the decision
of the Zoning Board of Monroe County, Florida, denying a
change of zoning classification from RU-1 to RU-3.
RESOLUTION NO. 312-1984
See Res. Book No. 40 which i;s incorporated herein by
reference. 7
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Roll call vote was unanimous; with Commissioner Hernandez
being absent from the meeting. Mr. Dave DeVanney, adjacent
property owner, addressed th,e Board concerning the appeal.
Susan Vernon, Attorney, addressed the Board con-
cerning the request of T.I.I.., Inc. for a rehearing fora
modification or rescission,!pursuant to Section 10, Chap;ter
61-2503, Laws of Florida, as! to the decision rendered on
July 27, 1984, by the Boardlof County Commissioners sitting
as an Appeals Board, in den�,ing the request.of T.I.I., Inc.
for construction of a pier 4-00' x 5' with a 5' x 30' "L" on
Lot 1, Sawyers Key, and loca'lted in Sections 27 and 28,
Township 65 South, Range 27:East. Motion was made by
Commissioner Swift and seconjded by Commissioner Harvey to
grant T.I.I., Inc. a rehearing. Roll call vote was unani-
mous with Commissioner Herna',ndez being absent from the
meeting.
Mr. Al Bragg, Attoriney representing Jack R. Dyk!stra
and Jack R. Dykstra, II, addiressed the Board concerning
their continuation of appeal! and requesting the Board of
County Commissioners to reverse the decision rendered on
October 271, 1983 by the Mon1roe County Zoning Board in
denying their request for a,change of zoning from RU-1 to
RU-3, on a parcel of land in'; a Part of Government Lot 1,
Section 9, Township 66 Southi, Range 32 East, Marathon, K;ey
Vaca, M.M. 48.6. Motion wasl made by Commissioner Swift land
seconded by Mayor Sorensen to require a Performance Bond and
to adopt the following Resol{ution reversing the decision! of
the Zoning Board of Monroe County, Florida, without preju-
dice, and approving the request of Jack R. Dykstra and Jack
R. Dykstra, II to reverse the decision of the Zoning Board
of Monroe County, Florida denying their request for a change
of zoning from RU-1 to RU-3.
RESOLUTION NO. 313-1984'
See Res. Book No. 40 which is incorporated herein by
reference.
Roll call.vote was taken with the following results:
Commissioner Fahrer No
Commissioner Harvey Yes
Commissioner Swift Yes
Mayor Sorensen Yes
Motion carried with Commissioner Hernandez being absent from
the meeting.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
extending the Moratorium on Major Developments permitted
under Chapter 6 of the Code of Ordinances of Monroe County,
etc. Proof of publication was entered into the records.
Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to read by title only. Motion carried
unanimously with Commissioner Hernandez being absent from
the meeting. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer to adopt the following
corrected caption: "AN 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 DEVELOPMENT 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 FO.R
SAID EXTENSION OF THE MORATORIUM AND PROVIDING FOR THE STEPS
TAKEN TO ALLEVIATE SAID CONDITION; PROVIDING FOR CERTAIN
EXCEPTIONS OF APPLICATIONS WHICH HAVE RECEIVED PRELIMINARY
APPROVAL FOR DEVELOPMENT UNDER CHAPTER 6, ARTICLE VII, OF
THE MONROE COUNTY CODE; PROVIDING THAT NO'APPLICATION WHICH
HAS NOT RECEIVED PRELIMINARY APPROVAL SHALL BE PROCESSED AND
NO NEW APPLICATIONS FOR MAJOR DEVELOPMENT SHALL BE ACCEPTED;
PROVIDING FOR CERTAIN EXCEPTIONS TO SAID ORDINANCE TO
INCLUDE PROPERTY WHERE HOTELS AND/OR MOTELS ARE NOW LOCATED;
PROVIDING FOR THE SEVERABILITY 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 RATIFICATION OF ANY
RESTRICTIONS AND/OR MORATORIUMS HERETOFORE APPROVED."
Motion carried unanimously with Commissioner Hernandez and
Mayor .Sorensen being absent from the meeting. Ms. Arlene
Reiser questioned the Ordinance changes. Ms. Judy Burke,
Attorney from Fine, Jacobsen, addressed the Board concerning
the Ordinance. Mr. Charles Siemon of the Consultants
contracted by the Board for the purpose of preparing the
Land Use Map and the Land Use Plan addressed the Board and
the public concerning the need for the Moratorium. Dr.
Doyle also addressed the Board and answered questions from
the County Attorney relative to the need for the Moratorium.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Harvey to adopt this Ordinance. Motion carried
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unanimously with Commissioner Hernandez being absent from
the meeting. 1
ORDINANCE NO. 029-1984
See Ord. Book No. 8 which ijs incorporated herein by
reference. .I
REPORTS & RECOMMEN;DATIONS OF BOARD MEMBERS
Commissioner Swift! discussed the Economic Impact
Study and a letter from Mr.; Lewin concerning Dr. Nicholas.
Mr. Charles Siemon and Mr. :Jim Lewis addressed the Board
concerning the credentialsiof Dr. Nicholas and what they
felt wa.s his ability to produce an independent and unbiased
study. Motion was made byliCommissioner Fahrer and seconded
by Commissioner Swift to express a vote of confidence to Dr.
Nicholas in his work on the; Economic Impact Study. During
discussion, the second of the motion was withdrawn and the
motion died for lack of a second. Motion was then made' by
Commissioner Harvey and seconded by Commissioner Fahrer'
acknowledging that Dr. Nicholas should proceed with the'
Economic Impact Study. Motion carried unanimously with
Commissioner Hernandez being absent form the meeting.
REQUEST TO'ADDRESS THE BOARD
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Dr. Philip Dobert Hof Seaside Recreation Mobile', Park,
and also representing Venture Out and Outdoor Resorts,
addressed the Board concerning garbage collection fees 'and
requested an exemption from the billing as a single-family
residential unit and requesting that they be billed as 'a
commercial unit due to the nature of their operations. :Mr.
Aguero addressed the Board.; Mr. Jim Baker of MSD also ,
addressed the Board concerning this request. Motion was
made by Commissioner Harveyland seconded by Commissioner
Fahrer to deny the request., During discussion, the motlion
was withdrawn. This matter was referred to the County
Attorney who was asked to prepare an opinion in two weeks
concerning Dr. Dobert's request and his assertions con-
cerning the applicability of the single-family residential
billing to their operations;.
Commissioner Swift,,discussed the need to hire the
firm of Albury, Morgan & Hendrick to represent the Board
concerning planning matters'�in Tallahassee. Motion was.made
by Commissioner Swift and seconded by Commissioner Fahrer to
appropriate the sum of $10,000.00 from Contingency to retain
the firm of Albury, Morgan & Hendrick to act as Planning
Attorneys for Monroe County. Roll call vote was taken with
the following results:
Commissioner Fahrer Yes
Commissioner Harvey No
Commissioner Swift Yes
Mayor Sorensen Yes
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Motion carried with Commissioner Hernandez being absentifrom
th t'
e mee ing.
Commissioner Harvey discussed the Occupational
License Fee for Palm Reader's. After discussion, motion -was
made by Commissioner Harveylto reduce the Occupational
License Fee for Palm Reader,'§ to $150.00 per year. Motion
died for lack of a second. Motion was then made by
Commissioner Harvey and sec nded by Commissioner Swift to
prepare an amendment to thelCounty Ordinance for the purpose
of reducing the Occupational License Fee for Palm Readers to
$150.00 per year. Roll call vote was taken with the
following results:
Commissioner Fahrer No
Commissioner Harvey Yes
Commissioner Swift Yes
Mayor Sorensen Yes
Motion carried with Commissioner Hernandez being absent from
the meeting.
The Board then discussed permits required for home
maintenance. The County Attorney was directed to prepare
and advertise a change to the County Ordinance to provide
for maintenance of up to $300.00 to be done without permit.
Commissioner Swift discussed County jurisdiction
concerning the regulation of taking of crawfish from inland
canals. This matter was referred to the County Attorney for
an opinion.
Motion was made, by M
Commissioner Swift to approve
Commissioner Harvey. Motion
Commissioner Hernandez being
ayor Sorensen and seconded by
the Public Officials Bond for
carried unanimously with
absent from the meeting.
Mrs. Fahrer discussed the items and information
included for the Agendas. Motion was made by Commissioner
Fahrer and seconded by Mayor Sorensen directing the County
Administrator to request all Departments to provide a one -
page summary on all Agenda items which concern multiple sub-
missions. Motion carried unanimously with Commissioner
Hernandez being absent from the meeting. Commissioner
Fahrer also requested that, when submitting documents, the
County Attorney's Office use the procedure used by the
Legislature which incorporates line numbers, dashing through
excluded material, and underlining new material.
Commissioner Fahrer discussed pay increases to
County employees. Motion was made by Mayor Sorensen and...
seconded by Commissioner Harvey to approve the increase of
County Administrator Kermit Lewin from $36,600.00 to
$40,000.00. Motion carried unanimously with Commissioner
Hernandez being absent from the meeting. Commissioner
Fahrer requested that Mr. Lewin provide additional salary
information concerning Mr. Stickney and Mr. Aguero.
UNFINISHED BUSINESS
The Board discussed the placement of utility poles
in Indian Harbor Subdivision. Motion was made by
Commissioner Harvey and seconded by Commissioner Swift to
postpone this matter for two weeks. Motion carried unani-
mously with Commissioner Hernandez being absent from the
meeting.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Mayor Sorensen discussed ,and read a letter from Mr.
John Goodnight concerning landscaping on U. S. #1. No
further action was taken.
UNFINISHED BUSINESS
The Board discussed Referendum Election requests
from Municipal Service Taxing Districts for fire and ambu-
lance. Mr. Reggie Paros addressed the.Board concerning the
requests for Referendum Elections. Motion was made by
Commissioner Harvey and seconded by Commissioner Fahrer to
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approve t-he request. During discussion, the motion was
withdrawn and the item was postponed for two weeks.
An appointment toethe Translator Board was referred
to the Translator Committee for recommendation.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to provide for No Smoking at the Big
Pine, Marathon, PlantationiKey and Key West Senior Citizen
Centers subject to approval from the Legal Department. Roll
call vote was taken with the following results:
CommissionerIFahrer Yes
CommissioneriHarvey Yes
Commissioner (Swift Yes
Mayor Sorensen No
Motion carried with Commissioner Hernandez being absent from
the meeting.
AWARDING OF BIDS
Mr. Art Skelly, Ai,jrport Director, reported back to
the Board concerning one nelw compact pickup truck for the
Key West International Airp°ort and recommended the award of
the bid to Key West Toyota, Inc. in the amount of $6,796.00
which was greater than the 'low bid by approximately $15.00
but which, however, provided for a thirty -day delivery date.
Motion was made by Commissioner Harvey and seconded by,
Commissioner Fahrer to award the bid to Key West Toyota,
Inc. in the amount of $6,796.00 per the recommendation of
the Airport Director. Motion carried unanimously with
Commissioner Hernandez being absent from the meeting.
Prior to conclusion of the meeting, Mayor Sorensen
extended congratulations tojMr. Phil Foley, reporter for THE
KEYNOTER, on his recent marriage.
There being no further business, the meeting was
adjourned.
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