Loading...
11/02/1984 RegularRegular Meeting Board of County Commissioners Friday, November 2, 1984 Marathon A regular meeting of the Board of County j Commissioners convened on the above date. Present and j answering to roll call werelCommissioner Alison Fahrer,, Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez, Commissioner Ed Swift, and Mayor Ken Sorensen;. Also present were Danny L. Kolhage, Clerk; Lucien Proby,i 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 IInvocation and Pledge of Allegiance to the Flag. Motion was made by,Commissioner Fahrer and seconded by Commissioner Harvey to approve the following items by una- nimous consent: LEGALIDEPARTMENT i Board authorized t_he County lAttorney to call for a Public Hearing on the proposed abandonment of Sunset Boulevardlin Snug Harbor Addition No. 1 Subdivision on Summerland Key, Monroe County, Florida. j Board adopted the following Resolution concerning receipt of unanticipated funds. RESOLUTION NO. 314-1984 See Res. Book No. 40 which i;;Is incorporated herein by reference. Board adopted the followingyResolution transferring funds. RESOLUTION See Res. Book No. 40 which i reference. Board adopted the following unanticipated funds. RESOLUTION See Res. Book No. 40 which i reference. NO. 315-1984 s incorporated herein by Resolution concerning receipt of NO. 316-1984 s incorporated herein by REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Board approved payment of t'le following Fine and Forfeiture Expenditures: 'j FINE & FORFEITURE FUNDS COURT -APPOINTED ATTORNEYS, John P. Rotolo, in the amount of 887.50. -- OTHER EXPENSES, Lois J.'Spallone, in the amount of $50.00; Louis J. Spallonen the amount of $100.00. COURT REPORTER SER,ICES, Associated Court Reporter, in the amount of 24.25; Associated Court Reporter, in the amount of $20.00; Philip J. Chanfrau, in the amount of $30.80. 1 11 BB 093 1 Fi 1 COMPETENCY & PSYCH,iOLOGICAL EVALUATIONS, Richard Hellman, Ph.D., in the amou-Int of 125.00; Mental Health Care Center, in the amount i,of $300.00; John P. Mihalova,ich, Ph.D., in the amount of $12'5.00. i COURT INTERPRETERS, Jerome Grapel in the amount of $25.00; A oa lofo Mata, in the amount of $50.00; Oscar McKee, in the amount of $30.00. 1 EXPERT WITNESS FEES, Toxicology Testing Service, Inc., in the amount of $1751,.00. WITNESS PAYROLL, Fees in the amount of $185.00; Travel in the amount of $573.64. Board approved the following Warrants: W A R' R A N T S GENERAL REVENUE FUND, #26570-#27335, in the amount Of $1,401,404.76. FINE & FORFEITURE �UND, $6259108.75. #390-#393, in the amount of AIRPORT OPERATION & MAINTENANCE FUND, #250-#251, in the amount of 3,244.25. MSD TAX DISTRICT, MARINE BANK, #559-#566, in the amount of-TT6T,407.95. WORKMENS COMPENSATION, #1175-#1204, in the amount of $6,517.30. Board acknowledged receipt of the Annual Property Appraiser for Fiscal Year ending 1984. e Board approved the Commission Bond for Wi County Commissioner, District 3. REPORTS & RECOMMENDATIONS OF COUNTY Report of the September 30, lliam J. Freeman, ADMINISTRATOR Board authorized refund of money paid for a Dimensional Variance to John Bussian, in the amount of $100.00, inasmuch as the applicant did not need the Dimensional Variance. Board approved the State of'ilFlorida Department of Community Affairs Contract for the period of October 1, 1984 through September 30, 1985, Community Services Trust Fund Grant' (Transportation Program) and authorized execution of same. Board granted authority to advertise for public sale the following vehicles considered to be beyond repair which,are currently housed at the County Garage: 1975 Ford Torino, 1975 Nova, 1969 Dodge Pick-up, 1973 Chevy Wagon, and 1976 Ford Granada. Board approved, subject to staff recommendation, the Application for Variance to'lthe Flood Hazard Ordinance of Islander Homes of the Keys to construct a Temporary Condominium Sales Office under the existing model unit located on Government Lot 31of Section 5, Township 66 S, Range 33E, 10500 Avaiation Boulevard, Crawl Key -Marathon, Zoned BU-1, a Board approved the Application For Variance to the Flood Hazard Ordinance of Harry L. Mansfield, Jr. 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. Board approved the Application For Variance to the Flood Hazard Ordinance of Philomena Hunter to place a mobile home at the same elevation as the surrounding mobile homes located on Little Torch Key, within the mobile home sub- division known as Coral Shores Estates. Board approved, per staff recommendtion, the Application. For Variance to the Flood Hazard Ordinance of American Outdoors Key Largo Inc. to construct a dockmaster's building and deck at the approximate elevation of 8' above mean sea level, with restrooms, on Key Largo, on Tract 5-B of the Amended Plat of Mandalay. REPORTS AND RECOMMENDATIONS OF BOARD MEMBERS Board adopted the following Resolution designating the month of November 1984 as "Monroe County Hospice Month" and authorizing the Board of County Commissioners of Monroe County, Florida, to issue and execute a Proclamation calling upon all County agencies, the medical community, appropriate private organizations, and the people of Monroe County to observe the month with appropriate forums, programs and activities designed to encourage County -wide recognition of and support for hospice care. RESOLUTION NO. 317-1984 See Res. Book No. 40 which is incorporated herein by reference. Board authorized execution of a Proclamation recognizing "Poppy Day" in Monroe County. Board granted authority to advertise Amendments to the Tourist Development Council Ordinance for the purpose of providing for the removal of Council members due to the failure to attend meetings and also providing for the means to fund administrative expenses. UNFINISHED BUSINESS Board authorized refund of money paid for a Master Mechanical Examination to Victor L. Keller, in the amount of $50.00, inasmuch as Mr. Keller was unable to take the Examination due to a job -related accident. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to authorize refund of money paid for a Building Permit Fee to Jewish Community Center, in the amount of $123.00, inasmuch as the Permit was issued to a non-profit organization. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen Yes Motion carried. 1 i 4 7 gg 095 v �J 1 LEGAL DEPARTMENT !I Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to authorize the County Attorney to advertise for Public Hearing a proposed Ordinance related to streets and highways.and public right- of-way use permitting matters connected therwith; amending and revising the Title and:Preamble of Monroe County Ordinance No. 19-1983, and,Sections 16-18, 16-19, 16-20 and 16-21, Monroe County Code,to conform to subsequent enact- ments; creating Section 16'.;21.1, Monroe County Code, relating to special provis%ons and general permits for public or private utilities;; amending and revising Sections 16-229 16-239 16-24, and 16,-25, Monroe County Code, to modify permit application procedures, insurance and bonding requirements, general provisions and access driveway provi- sions; amending and revising Sections 16-27, 16-28 and, 16-29, Monroe County Code, -providing for reduced permit application fees, providing, for notice of conflicts to per- mitees and to conform to subsequent enactments; amending and revising Sections 16-31 andj 16-32, Monroe County Code, pro- viding for time limits andlrestoration and penalty; readopting Section 22, Monr;oe County Ordinance No. 19-1983; providing an effective date. Motion carried unanimously. Motion was made by,'! Commissioner Hernandez and seconded by Commissioner Harvey to authorize the County Attorney to advertise a Notice of Calling for Bids for modi- fications of daybeacons to 'mark the "Lakes" passage waterway (Key West to Boca Grande),Florida Keys, Monroe County, Florida. Roll call vote wajs taken with the following results: Commissioner 'Fahrer No Commissioner !Harvey Yes Commissioner Hernandez Yes Commissioner ;Swift Yes Mayor Sorensen Yes Motion carried. I Motion was made byi Commissioner Swift and seconded by Commissioner Harvey to approve the adoption of'a Resolution authorizing the 'Chairman of the Board of County Commissioners of Monroe County, Florida, to execute a Second Amendment to Agreement to develop a Coastal Implementation Plan for The Keys by and be'1tween the State of Florida Department of Environmental -!Regulation and Monroe County. During discussion, motion was made by Commissioner Swift and seconded by Commissioner Fa;hrer to continue to the next Key West meeting. Motion carried unanimously. Mr. Proby discussed the letter received from Attorney John Dent concerning the School Funding Formula. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to p''ostpone consideration of this item until the next Key West meeting on November 16th and request that Mr. Higgs, Property Appraiser, be present. Motion carried unanimously.! REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by;Commissioner Swift and by Commissioner Harvey to approve roof repairs at Towers in the amount of $5,700.00. Motion carried mously. j seconded Martel l.o unan,i - Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to approve an invoice from Charley Toppino & Sons for roads at Stock Island, Key Haven, in the amount of $84,000.00. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to authorize the serving of cham- pagne at the Library on November 16th during the Rededication ceremonies. Motion carried unanimously. Motion was made by Mayor Sorensen and seconded by Commissioner Swift to approve, subject to staff recommen- dations and conditions, a Permit Application from Judith A. Walstad and Ann J. Trosper for Riprap and Dock at Lot 10, Block 5, Cutthroat Harbor Estates 1st Addition, Cudjoe Key, Monroe County, Floridz, Zoned RU-1. Motion carried unani- mously. Motion was made by Mayor Sorensen and seconded by Commissioner Swift to approve the request for authorization to advertise for a Public Hearing on siting hazardous waste transfer station. During discussion, the motion was withdrawn by the maker. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to deny the request. 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 Hernandez to postpone this matter until the November 30th meeting. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen Yes Motion failed. Motion was made by Commissioner Fahrer to approve the request. Motion died for lack of a second. Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to approve the request from the Manager of the Municipal Service District that he be granted authority to authorize refunds from District funds to indi- viduals who are due such refunds as a result of billing errors, overpayments, etc. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR AND REPORTS & RECOMMENDATIONS OF BOARD MEMBERS The Board discussed salaries for the Manager of the Municipal Service District. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to approve a salary increase from $35,0.00.00 to $39,000.00 for the Manager of the Municipal Service District. Roll call vote was taken with the following results: 1 1 1 1 1 Commissionerjahrer No Commissioner'Harvey No CommissioneriHernandez Yes Commissioner;ISwift No Mayor Sorensen Yes Motion failed. Motion wasimade by Mayor Sorensen to approve salary for the Public Workss Director and Manager of the Municipal Service District�in the amount of $37,000.00. During discussion, the motion was withdrawn. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen -to approve a salary increase of $25500.00 for Billy Wagner, Civil Defense Director; Art Skelly, Director of Airports; Louis LaTorre, Social Services Director; Hank Kokenzie, Veterans Affairs -Director; Edward Stickney, Public Works Director; and Charles Aguero, Manager of the Municipal Service District. Roll call vote was taken with the following results: Commissioner`Fahrer No Commissioner,Harvey No Commissioner;Hernandez Yes Commissioner Swift No Mayor Sorensen Yes Motion failed. Motion wasjmade by Commissioner Harvey and seconded by Mayor Sorensen -Ito approve a salary of $37,000.00 for the Public Works Director and the Manager of the Municipal Service District.; During discussion, Mayor Sorensen attempted to amend the motion to add that a $3,000.00 increase be grantled to the Social Services Director. The amendment was not accepted by the maker., During discussion, the origjinal motion was withdrawn. Motion was made by Commissijoner Harvey to approve a salary of $36,000.00 per annum fort the Public Works Director and the Manager of the Municipal Service District. During discussion, the motion wasllwithdrawn. Motion was then,made by Commissioner Harvey and"seconded by Commissioner Hernandez to .approve a salary in the amount of $37,000.00 for the Manager of the Municipal Service District. Roll call vote was taken with the following results: Commissioner ';Fahrer No Commissioner yHarvey Yes Commissioner Hernandez Yes Commissioner Swift Yes Mayor Sorensein Yes Motion carried. Motion was! then made by Commissioner Hernandez and seconded by M`;ayor Sorensen to approve a salary in the amount of $37,000.001per year for the Public Works Director. Roll call vote was taken with the following results: i Commissioner Fahrer No Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift Yes Mayor Sorensen Yes Motion carried. Motion was;made by Mayor Sorensen and seconded by Commissioner Hernandez to increase the salary of Louis LaTorre, the Social Services Director, by $3,000.00 per year. During discussion, the Chairman ruled that any discussion concerning salaries in general and not specifi- cally Mr. LaTorre's salary would be out of order. Motion was then made by Commissioner Swift and seconded by Commissioner Fahrer to challenge the ruling of the Chair and to allow discussion of salaries in general. Roll call vote on the motion to challenge was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey Yes Commissioner Hernandez No Commissioner Swift Yes Mayor Sorensen No Motion carried. Commissioner Fahrer proceeded to discuss salary management program. Roll call on the motion con- cerning Mr. LaTorre's salary increase was taken with the following results: Commissioner Fahrer No Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen Yes Motion failed. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Harvey and seconded by Mayor Sorensen to approve Addendum #3 to the Agreement For Services between the Monroe County Board of County Commissioners and Gallagher Bassett Insurance Service, a Division of Arthur J. Gallagher and Co. regarding the Self -Insured Workers Compensation Program. Motion carried unanimously with Commissioner Hernandez being absent from the meeting. The Board considered for approval Southern Express Airline's request for leasehold area at the Marathon Airport to initiate air service from that location. Motion was made by Mayor Sorensen to approve on a temporary six.ty-day ba-sis only and requiring that representatives of Southern Express Airline meet with the Airport Committee and also requiring a $15,000.00 Performance Bond. Mr. Nicholas Finazzo of Southern Express Airlines addressed the Board. During discussion, the motion was withdrawn. Motion was then made by Commissioner Fahrer and seconded by Mayor Sorensen to approve the use of an area at the Marathon Airport by Southern Express on a sixty-day temporary basis, pending a meeting of the Airport Committee to work out the terms of a Lease. Motion carried unanimously with Commissioner Hernandez being absent from the meeting. Mr. Swift asked that an Airport Committee meeting be set for Thursday, November 8th. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Harvey discussed the proposed sale of land on Matecumbe Beach. During discussion, motion was made by Commissioner Harvey that the County purchase the land known as Lot 3, Parcel D of Lower Matecumbe Key Point for park purposes. Motion died for lack of a second. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the County Attorney, the County Administrator, and a Committee consisting of Commissioners Harvey and Fahrer, to enter into negotiations for the possible purchase on Matecumbe Beach known as Lot 3, Parcel D, Lower Matecumbe Key Point. Roll call vote was unanimous with Commissioner Hernandez being absent from the meeting. Mr. Fred Tittle, attorney, addressed the Board concerning the proposed purchase. 1 1 r � M 1 1 1 Commissioner Fahrer discussed the condition of the public address systems used at the Courthouse locations. She asked that estimates be obtained for upgrading and repairing these systems to'put them in workable condition. This matter was referred to the County Administrator, the Clerk, and the Public Works Director for a report back in thirty days. UNFINISHED BUSINESS Motion was made by Mayor Sorensen and seconded by Commissioner Swift to postpone for two weeks an appointment to the Translator Board. Motion carried unanimously with Commissioner Hernandez being absent from the meeting. The County Attorney discussed action taken by' Florida Keys Electric Co-op concerning the placement of uti- lity poles in Indian Harbor Subdivision. Motion was made by Commissioner Fahrer and seconded by Mayor Sorensen to postpone this item for two weeks. Motion carried'unani- mously. Motion was made by'; Mayor Sorensen and seconded by Commissioner Harvey to apprlove, per recommendation from Mr. Paros, the following Requests for Referendum Elections from Municipal Service Taxing Districts: "District 1-A - Request frolm Stock Island Fire Department to have a new fire station constructed on donated property on Stock Island, Florida. "The existing Stock Islandifire station was constructed' around 1977, at a time when) the City of Key West Fire Department discontinued seravice to the Stock Island/Key Haven areas. The existing ,station consists of one garage bay in which two vehicles are presently housed. In addi- tion, one 1500 gallon tanker truck is parked on the outside of the building with no sec;'urity afforded to it. "While floor space in the existing station is somewhat limited and there is a lackof security for the tanker truck that is parked outside, the;,primary inducement to seek authorization for the construction of a new station at this time was that a benefactor was going to donate property'on which a new station could be constructed; resulting in a savings to the district ands; thereby to the.taxpayer. "On this date October 23, 1984, I had a telephone conver- sation with Mr. Steve Conde'�'lla, the benefactor. He stated that at this time he is withdrawing his intent to.donat,e the property to the fire department; however, that it may be a possibility at sometime in the future. "Therefore, I feel that ituould be premature to seek authorization for the construction of a new station at this time and I recommend that this request not be placed on -a referendum. I will research the possibility of erecting a fence and gate for security purposes around the truck that is now parked outside of the station. i "District 1-B - Request from Big Coppitt Fire Department to purchase one new Quick Attack Rescue Pumper and associated and/or related equipment. "Initially when I was approached by Big Coppitt's Fire Chief Bill Mansifeld regarding a referendum for a new and smaller type of fire apparatus for their department, his justifica- tion was that usually during daytime hours his first responding crew of firefighters were female members of the department and that they had problems driving and operating the pump on their present fire engine pumper. He felt that a smaller type vehicle would be easier to drive and operate. Big Coppitt's new Fire Chief, Mr. Henry Hurtekant justifies the request based on the age of their present fire engine pumper, the maneuverability of a smaller apparatus and its usefulness for responding to accident scenes and small fires. "First of all, I do not feel that the purchase of a smaller vehicle is going to solve the problems of manpower and proper training. Secondly, as to the age of their present fire engine pumper, this truck is 15 years old; however, it was completely refurbished approximately two years ago and as far as I know it is in good working condition. While a smaller type of vehicle may be easier to maneuver on the streets of Big Coppitt Key and while it may be useful for responding to accidents and small fires, I do not feel that these reasons alone are sufficient justification for the purchase of a new and smaller vehicle. In the case of a major fire on Big Coppitt Key, mutual aid response is available from adjacent districts' fire departments and from the fire department at the Naval Air Station through an existing Mutual Assistance Agreement. "Based on the aforementioned, I do not recommend that this request be placed on a referendum. "District 1-C - Request from purchase one new Quick Attack and/or related equipment. Sugarloaf Fire Department to Rescue Pumper and associated "This department currently uses a 1956 Dodge surplus mili- tary vehicle that was converted by the volunteers to serve their rescue needs. This vehicle is dangerously overloaded, difficult and costly to maintain, and quite often cannot be started when needed. This rescue vehicle carries the largest amount of heavy-duty rescue and extrication equip.- ment available in the Lower Keys and responds to adjacent districts on mutual aid requests for this type of equipment. "I feel that a new Quick Attack Pumper is of necessity within this district and recommend that it be placed on a referendum. "District 1-D - Request from Big Pine Fire Department to purchase one new Class A Fire Engine Pumper and associated and/or related equipment. "Due to increased commercial development within this district, increased fire flow pumping capability is required. In addition, the present Class A fire pumper within this district is now 22 years old. Even though the fire apparatus portion of this vehicle was refurbished approximately seven years ago, parts for the engine which is the original are becoming harder to obtain resulting in extended down time of the vehicle when needing repairs. While this present vehicle would be a good backup for the district, I feel that its usefulness as a first line pumper has become somewhat unreliable. I feel that a new Class A Pumper is needed within this district as a first line unit and it will also increase the department's pumping capabi- lity. I recommend that this item be placed on a referendum. "District 1-D - Request from Big Pine Ambulance Service to purchase one new Type III Ambulance and associated and/or related equipment. 1 1 I BB - - 101 "A new ambulance would replace an existing 1973 Type II backup ambulance presently used within this district. All other ambulances of this year and type which had been used in the county have been retired due to unreliability and increasing maintenance costs. This 1973 ambulance is experiencing the same problems. "Due to the distance between this district and hospitals, a backup ambulance is neededwithin the district to effec- tively answer calls when th;e primary ambulance is already in use. I recommend that this! request be placed on a referen- dum. "District 3 - Request from�Fishermen's Hospital Ambulance Service to remount and refurbish District 3's existing 1980 Type III Ambulance's Modular Patient Compartment onto anew cutaway Cab Chassis. "Type III Ambulances' Modullar Patient Compartments can be remounted onto a new cutaway cab -chassis when the old cab - chassis is worn and becomes unreliable. The modular patient compartments usually last approximately 10-15 years with minor refurbishing at the t1lime of remounting. This results in a cost savings, because rinstead of having to replace�an entire ambulance only the c�6b-chassis is replaced at about half the cost of an entire knew ambulance. "It has been our experience that a cab -chassis will last and remain reliable for approximately 3-5 years, depending on the amount of usage. It ap.pears that maintenance costs on the existing cab -chassis are escalating and down time for repairs is increasing. I recommend that this item be placed on a referendum. "District 4-B - Request from Islamorada Fire Department to purchase one new Class A Fire Engine Pumper and associated and/or related equipment and to construct a utility type building on fire station property to house an emergency generator. "The newest Class A Fire Engine Pumper that is presently in use within this district is"22 years old. This pumper is of the same year and model as those already discussed under the 11 Big Pine Key and Conch Key Fire Departments' refer.enduml requests and is also experiencing the same problems. This pumper was most recently out of service for approximately five days for repairs to the pump. This district's only other Class A pumper is 31 years old. M "I feel that there is definitely a need in this district for a new first line Class A fire engine pumper. Therefore; I recommend that this requesti,be placed on a referendum. "The Islamorada Fire Station is used as a back-up com- munications center when the;primary center for this area, the Plantation Key Sheriff's Sub -Station, is off the air for repairs; being so, an emergency generator for back-up power is needed. A generator has already been purchased by the Islamorada Department out of their own funds, not district funds. However, a utility type building is needed for its installation. I recommend that this be placed on a referen- dum. a �i "Your favorable consideration of these requests will be greatly appreciated. I will; be present at your next meeting to answer any further questiions that you may have regarding these requests." BB 102 Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Dr. Jose J. Bofill of the Monroe County Health Department addressed the Board concerning the progress of the Health Department and funds available for improvement of the Health Department Building on Stock Island. He also discussed briefly the Contract proposed between HRS and Monroe County concerning the operation of the Health Department. Mr. LaTorre addressed the Board concerning several problems with the proposed Contract. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to postpone consideration of this item until November 16th and requested that information be presented to the Board for their consideration concerning the proposed Contract. Motion carried unanimously. Commissioner Fahrer discussed her appointment to the Zoning Board to replace Mr. John Stormont who has resigned to seek public office, said resignation effective November 20, 1984. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to confirm the appoint- ment of Mr. Charles Howell to serve on the Zoning Board upon the resignation of Mr. John Stormont, which is effective November 209 1984, to serve out the remainder of Mr. Stormont's term. During discussion, motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to table. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift No Mayor Sorensen No Motion failed. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to postpone for two weeks. During discussion, the motion was withdrawn. Motion was made by Mayor Sorensen and seconded by Commissioner Fahrer to postpone for two weeks. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Harvey No Commissioner Hernandez No Mayor Sorensen Yes Motion failed with Commissioner Swift being absent from the meeting. Roll call vote was taken on the original motion with the following results: Commissioner Fahrer Yes Commissioner Harvey No Commissioner Hernandez No Mayor Sorensen Yes Motion failed with Commissioner Swift being absent from the meeting. UNFINISHED BUSINESS Mr. Fred Tittle, attorney, for four Garbage Franchisees, addressed the Board concerning their request for a three-year extension of the current Franchise Agreements. He advised the Board that he would be requesting them to consider this item along with recommen- dations of staff at the meeting of November 16th: Motion 1 1 1 I BB. JL03 1 1 1 1 was made by Commissioner Hernandez and seconded by Commissioner Fahrer to postpone for two weeks until the November 16th meeting and requesting a report from staff concerning the requested extension. Motion carried unani- mously with Commissioner Swift being absent from the meeting. REQUEST TO,ADDRESS THE BOARD Mr. Rand Winter, Public Defender, addressed the Board concerning Lease Renewals for the Key West, Marathon, and Key Largo offices. Motion was made by Mayor Sorensen and seconded by Commissioner Fahrer to approve the con- tinuation of the Contract with Mr. Saltzman for office space in the Key Largo area at a;flat rate of $800.00 per month throughout the five-year term, including a one hundred, twenty day cancellation clause. Motion carried unanimously with Commissioner Swift being absent from the meeting. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Lease Agreement by and between Irwin S. Morse, M.D. and the County of Monroe, State of Florida, for the purpose of renting office space for the Public Defender's Office in Marathon. RESOLUTION NO. 318-1984 See Res. Book No. 40 which'is incorporated herein by reference. I REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Harvey discussed the possible acquisi- tion of Budd Brothers property under the C.A.R.L. program. Motion was made by Commissiloner Harvey and seconded by Commissioner Fahrer directiing the County Attorney to prepare and the Chairman to executj the following Resolution requesting the Conservation and Recreational Land Program of the State of Florida to consider the Budd Brothers property, consisting of 54 acres located at Long Beach Drive, Big Pine Key, Monroe County, Florida. RESOLUTION NO. 319-1984 See Res. Book No. 40 which;iis incorporated herein by reference. The Board discussed their previous action con- cerning pyramiding. Motion was made by Mayor Sorensen and seconded by Commissioner Fahrer to clarify the direction given previously to Dr. Doyle of the Planning Department, indicating that they did not authorize the waiving of any set -back requirements or lot size requirements in the Code concerning any pyramiding decision made by the Director' of Planning. Roll call vote was unanimous with Commissioners Hernandez and Swift being absent from the meeting. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to petition the Zoning Board to con- sider re -zoning Lots 1 and116, Block A; Lots 1 and 12, Block B; Lots 1 and 6, Block C; Lots 1 and 8, Block D; and Lot 1, Block E of the Waloriss Subdivision on Boot Key from RU-3 to RU-1 in accordance with the provisions of the Monroe County Code. Mr. Tom Wright, attorney representing the Slaters, who own property in the area, addressed the Board concerning the matter and submitted a:Petition from property owners in the area. Ms. Leona Slater, a property owner in the Waloriss Subdivision, addressed the Board concerning their action. Roll call vote on;the motion was unanimous with Commissioners Hernandez and Swift being absent from the meeting. pan pal I MI: a REQUEST TO ADDRESS THE BOARD Mr. Michael H. Puto, President of the Monroe County Chief's Association, addressed the Board concerning the position of Fire Marshall. Mr. Mickey Feiner, Mayor of Key Colony Beach and member of the District 2 Board of Governors, addressed the Board concerning the position of Fire Marshall and requested that it be reinstated. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to reactivate the position of Fire Marshall con- sidering the funding from District 7, the excess Tax Collector's fees distributed to the Special Districts, a possible fee schedule in connection with inspections, and requesting the County Administrator to make a recommendation to the Board concerning the balance of the funding. Roll call vote was unanimous with Commissioners Hernandez and Swift being absent from the meeting. Motion was made by Mayor Sorensen and seconded by Commissioner Fahrer to appoint Mr. Mickey Feiner to annually review the operation of the position of Fire Marshall and report to the full Board. Motion carried unanimously with Commissioners Hernandez and Swift being absent from the meeting. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. Present were Commissioners Fahrer and Harvey and Mayor Sorensen. Absent from the meeting were Commissioners Hernandez and Swift. 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. Buck De Vane, attorney representing David Leo and Samuel Cooper, as tenants in common, addressed the Board concerning their request to reverse the decision of the Monroe County Zoning Board in their action to deny the requested change of zoning from GU to BU-2-T, on Lots 11, 12, and 13, Square 4 of Kinercha Subdivision, as recorded in Plat Book 1, Page 74, and located in Section 26, Township 66 South, Range 29 East., Big Pine Key. Motion was made by Mayor Sorensen and seconded by Commissioner Fahrer to adopt the following Resolution reversing the decision of the Zoning Board of Monroe County, Florida, without prejudice, and approving the request of David Leo Cooper and Samuel Cooper to reverse the decision of the Zoning Board of Monore County, Florida, denying a change of zoning from GU to BU-2-T. RESOLUTION NO. 320-1984 See Res. Book No. 40 which is incorporated herein by reference. Roll call vote was unanimous with Commissioners Hernandez and Swift being absent from the meeting. Motion was made by Mayor Sorensen and seconded by Commissioner Fahrer to include as a covenant with the foregoing decision the requirement of the filing of a unity of title. Motion carried unaniously with Commissioners Hernandez and Swift being absent from the meeting. Motion was made by'Mayor Sorensen and seconded by Commissioner Harvey to prepare and advertise for Public Hearing a new zoning category use for warehousing only. Motion carried unanimously with Commissioners Hernandez and Swift being absent from the meeting. 1 1 BB ! 105 1 1 1 Mr. Buck De Vane,yattorney representing Tim 0. Yeider and Dan A. Yeider, addressed the Board concerning their request to reverse the decision of the Monroe County Zonig Board in denying a change of zoning from RU-1 to, BU-2-Q on a part of Government Lot 45 Section 1, Township 66 South, Range 32 East, Key Vaca. Mr. Randall Mearns, adja- cent property owner, addressed the Board and objected to the 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 Tim 0. Yeider and Dan A. Yeider to reverse the decision of the Zoning Board of Monroe County, Florida, denying a change of zoning from RU-1 to BU-2-Q'!. i RESOLUTION NO. 321-1984 See Res. Book No. 40 which;is incorporated herein by reference. Roll call vote was unanimous with Commissioners Hernandez and Swift being absent from the meeting. PUBLIIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Ordinance No. 025'-1984 by amending Subsection 19-180(9) of Section 19-180, entitled "GU General Use District"; providing for severability; providing for repealing of all Ordinances or parts of Ordinances in.. conflict with this Ordinance to the extent of said conflict; providing for inclusion inIthe Monroe County Code of Ordinances; providing for !an effective date. Proof of publication was entered in';to the records. Motion was made by Commissioner Fahrer and:seconded by Commissioner Harvey to read by title only. Motion carried unanimously with Commissioners Hernandez and Swift being absent from the meeting. Motion was made by Commissioner Fahrer and seconded by Commissioner Hlarvey to continue until the next scheduled Public Hearing oin November 16th. Motion carried unanimously with Commissioners Hernandez and Swift being absent from the meeting. There being no further business, the meeting -was adjourned. i