11/16/1984 RegularRegular Meeting
Board of County Commissioners
Friday, November 16, 1984
Key West
A regular meeting of 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; Rosalie L.
Simmons, Deputy 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.
Commissioner Hernandez introduced to the meeting
the following persons who were present in the audience:
R. L. "Bobby" Brown, incoming Supervisor of Elections; John
Stormont, incoming County Commissioner; Ervin Higgs,
Property Appraiser; and "Mickey" Feiner, Mayor of Key Colony
Beach.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Motion was made by Commissioner Harvey and seconded
by Mayor Sorensen to approve the sale of beer and wine at
the fund-raising activity being held by the Friends Of The
- Pier at Higgs Beach on January 12, 1985.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Motion was made by Commissioner Hernandez and
seconded by Mayor Sorensen to approve the execution of Bonds
for the following Public Officials: Danny L. Kolhage,
Clerk; Ervin Higgs, Property Appraiser; Harry Knight, Tax
Collector; Robert L. Brown, Supervisor of Elections; Anthony
L. Ulchar, Mosquito Control Board District 4 Commissioner;
Manuel "Izzy" Rodriguez, Mosquito Control Board District 1
Commissioner; and Leonard "Mike" Warren, Mosquito Control
Board District 2 Commissioner. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey to approve the following items by una-
nimous consent:
LEGAL DEPARTMENT
Board authorized the County Attorney to advertise a Call For
Bids for one new Extended Super Van for the Supervisor of
Elections Office.
Board adopted the following Resolution setting date, time
- and place for Public Hearing for proposed abandonment of the
westerly portion of Sunset Boulevard in Snug Harbor Addition
No. 1 Subdivision located on Summerland Key, Monroe County,
Florida.
RESOLUTION NO. 322-1984
See Res. Book No. 40 which is incorporated herein by
reference.
BEL 110
Board approved the execution of a Contract by and between
Monroe County In -Home Services, the Community Care for the
Elderly (CCE) Lead Agency for Monroe County, and the Monroe
County Health Department, and the Area Agency on Aging and
the Department of Health & Rehabilitative Services for the
provision of nursing services in accordance with CCE guide-
lines.
Board adopted the following Resolution authorizing the
Chairman of the Board of County Commissioners of Monroe
County, Florida to execute a Lease Agreement by and between
the County of Monroe, State of Florida, and Ronald A. Gamble
for the purpose of renting hangar space at Key West
International Airport.
RESOLUTION NO. 323-1984
See Res. Book No. 40 which is incorporated herein by
reference.
Board adopted the following Resolution concerning receipt of
unanticipated funds.
RESOLUTION NO. 324-1984
See Res. Book No. 40 which is incorporated herein by
reference.
Board adopted the following Resolutions transferring funds.
RESOLUTION NO. 325-1984
RESOLUTION NO. 32-5AA--T_P�4
See Res. Book No. 40 which is incorporated herein by
reference.
Board adopted the following Resolution designating the week
of November 19 through November 28, 1984 as "The Official
United Way 1985 County Employees Campaign Period" and
authorizing the Board of County Commissioners of Monroe
County, Florida to issue and execute a Proclamation calling
upon all County agencies, 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 and support for United
Way.
RESOLUTION NO. 326-1984
See Res. Book No. 40 which is incorporated herein by
reference.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Board approved payment of the following Fine and Forfeiture
Expenditures:
FINE & FORFEITURE FUNDS
COURT -APPOINTED ATTORNEYS, Larry Erskine, in the
amount of 55 .0 ; Larry Erskine, in the amount of
$1,575.00; Sandra Lee Zimmerman, in the amount of $1,000.00.
COURT REPORTER SERVICES, Florida Keys Reporting, in
the amount of $220.40; Island Reporting Service, in the
amount of $89.75; Tana Degamez, in the amount of $25.00;
Stephen E. Moore, in the amount of $95.00.
COURT INTERPRETER, Adolpho Mata, in the amount of
$60.00.
WITNESS EXPENSES, Payroll in the amount of $120.00;
Fees in t e amount o ,657.40.
Board approved the following Warrants:
W A R R A N T S
GENERAL REVENUE FUND, #27336-#28172, in the amount
of $909,296.45.
GENERAL REVENUE FUND, Marine Bank, Marathon, #48,
in the amount of 0,049.57.
GENERAL REVENUE FUND, Great American Bank of Upper
Keys, #48, i5n the amount of 40,909.20.
MSD, Boulevard Bank, Summerland Key, #12, in the
amount of—$2,001.15.
SUPPLEMENT TO THE GENERAL REVENUE FUND, #169-#171,
in the amount of 42,448.52.
FINE & FORFEITURE FUND, #394-#397, in the amount of
$59,273.0�—
ROAD & BRIDGE FUND, #319-#322, in the amount of
$107,601.-8F-
MSD, Florida Keys First State Bank, Key Largo, #12,
in the amount of $79039.44.
TRANSLATOR FUND, #55, in the amount of $6,986.99.
AIRPORT OPERATION & MAINTENANCE FUND, #252-#255, in
the amount of 96,869.66.
MSD, Florida First National Bank of Key West,
#220-#223, in the amount of $110,918.47.
MONROE COUNTY GROUP INSURANCE FUND, #58-#63, in the
amount of 65,30077 -
CAPITAL PROJECT FUND, #66-#68, in the amount of
$110,374.50.
LAW LIBRARY FUND, #135-#136, in the amount of
$1,683.20.
CARD SOUND BRIDGE REVENUE FUND, #57-#60, in the
amount of 38,6�9.
MSD TAX DISTRICT, Marine Bank, Marathon, #567-#570,
in the amount of 58,6 3.03.
WORKMENS COMPENSATION, #1205-#1220, in the amount
of $22,6055(
IITOURIST DEVELOPMENT COUNCIL, #149-#151, in the
amount of 60,235.50.
1981 IMPROVEMENT BONDS, Int. & Sinking, Boulevard
Bank, #329 n the amount of 285.25.
CROSS KEY WATERWAY ESTATE, #7, in the amount of
$219.88.
Board acknowledged receipt of the Annual Report of the
BEF 112
Sheriff of Monroe County for Fiscal Year ending September
30, 1984.
Board approved the following Tourist Development Council
expenditures:
Teri Youmans - Travel $19065.00
Sandy Higgs - Travel 2,586.00
U. S. Postmaster - Bulk Mail 914.82
4,56 .82
Board authorized Chairman to execute an Application to the
Division of Library Services of the Florida Department of
State for an operating grant for public library service as
authorized under Chapter 257, Florida Statutes, for the
fiscal year beginning October 1, 1984 and ending September 30,
1985.
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, 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 7th
day of November, A. D., 1984, and proceeded publicly to can-
vass the votes given for the several offices and persons
herein specified at the General Election held on the 6th day
of November, 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 President and Vice President of the United
States, the whole number of votes cast was 24,087 of which
number WALTER F. MONDALE and GERALDINE A. FERRARO
(Democratic Party) received 7,771 Votes. RONALD REAGAN and
GEORGE BUSH (Republican Party) received 16,316 Votes.
David Bergland (Write-in Candidate for President)
received 7 Votes.
Gus Hall and Angela Y. Davis (Write-in Candidate
for President and Vice President) received 0 Votes.
Sonia Johnson (Write-in Candidate for President)
received 1 Vote.
Joseph W. Kelly, Jr. (Write-in Candidate for
President) received 1 Vote.
Arthur Blair Lewis (Write-in Candidate for
President) received 0 Votes.
Melvin T Mason (Write-in Candidate for President)
received 0 Votes.
Isabell Masters (Write-in Candidate for President)
received 0 Votes.
Dennis L. Serrette (Write-in Candidate for
President) received 0 Votes.
BB- 113
For Representative in Congress, 19th Congressional
District, the whole number of votes cast was 21,518 of which
number DANTE B. FASCELL received 14,077 Votes and BILL
FLANAGAN received 7,441 Votes.
For Sheriff, MONROE County, the whole number of
votes cast was 21,704 of which number WILLIAM A. FREEMAN,
JR. received 15,160 Votes and BILL SHAW received 6,544
�., Votes.
For Supervisor of Elections, MONROE County, the
whole number of votes cast was 21,600 of which number R. L.
BOBBY BROWN received 10,803 Votes and KIT JONES received
10,797 Votes.
For Member, Board of County Commissioners, District
5, the whole number of votes cast was 21,433 of which number
ROBERT H. DUNN received 9,293 Votes and JOHN C. STORMONT
received 12,140 Votes.
Votes.
Votes.
PROPOSED AMENDMENTS TO THE CONSTITUTION OF
THE STATE OF FLORIDA
NUMBER 1
FOR AMENDMENT to Article X, Section 4: 13,655
AGAINST AMENDMENT to Article X, Section 4: 3,351
NUMBER 2
FOR AMENDMENT to Article IV, Section 4: 12,709
II Votes .
AGAINST AMENDMENT to Article IV, Section 4: 4,196
Votes.
NUMBER 3
FOR AMENDMENT to Article V, Section 11: 13,205
Votes.
AGAINST AMENDMENT to Article V, Section 11: 3,238
Votes.
NUMBER 4
FOR AMENDMENT to Article III, Section 2: 4,624
Votes.
AGAINST AMENDMENT to Article III, Section 2:
11,791 Votes.
NUMBER 5
FOR AMENDMENT to Article VIII, Section 1: 9,094
Votes.
AGAINST AMENDMENT to Article VIII, Section 1:
7,645 Votes.
NUMBER 6
FOR AMENDMENT to Article V, Section 8: 113,041
Votes.
II Votes.
AGAINST AMENDMENT to Article V, Section 8: 5,096
NUMBER 7
FOR AMENDMENT to Article VII, Section 11: 10,049
Votes.
AGAINST AMENDMENT to Article VII, Section 11:
5,714 Votes.
BB 114
NUMBER 8
FOR AMENDMENT to Article XII, Section 9: 11,800
Votes.
AGAINST AMENDMENT to Article XII, Section 9: 4,339
Votes.
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), 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 7th
day of November, A.D., 1984, and proceeded publicly to can-
vass the votes given for the several offices and persons
herein specified at the NONPARTISAN GENERAL ELECTION held on
the 6th day of November, A.D., 1984, as shown by the
returns on file in the office of County Judge and Supervisor
of Elections, respectively. We do hereby certify from said
returns as follows:
FOR Retention of Justice Raymond Ehrlich of the
Supreme Court: 9,239 Votes.
AGAINST Retention of Justice Raymond Ehrlich of the
Supreme Court: 3,677 Votes.
FOR Retention of Justice Leander J. Shaw, Jr. of
the Supreme Court: 9,177 Votes.
AGAINST Retention of Justice Leander J. Shaw, Jr.
of the Supreme Court: 3,619 Votes.
FOR Retention of Judge Thomas H. Barkdull, Jr. of
the District Court of Appeal: 9,041 Votes.
AGAINST Retention of Judge Thomas H. Barkdull, Jr.
of the District Court of Appeal: 3,475 Votes.
/s/ PAUL E. ESQUINALDO
COUNTY JUDGE
/s/ GENE NELSON
(SUBSTITUTE MEMBER)
SUPERVISOR OF ELECTIONS
/s/ WILHELMINA HARVEY
MEMBER, BOARD OF
COUNTY COMMISSIONERS
Your whole total number of persons who voted in
your County for the General Election: 27,912.
/s/ PAUL E. ESQUINALDO
COUNTY JUDGE
/s/ GENE NELSON
(SUBSTITUTE MEMBER)
SUPERVISOR OF ELECTIONS
/s/ WILHELMINA HARVEY
MEMBER, BOARD OF
COUNTY COMMISSIONERS
BB 115
STATE OF FLORIDA
MONROE COUNTY
We, the undersigned, PAUL E. ESQUINALDO, County Judge, GENE
NELSON, Substitute Member, 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 7th day of
November, A.D., 1984, and proceeded to publicly canvass the
votes given in the Jail Expansion Special Referendum
Election held on the 6th day of November, 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
SHOULD A ONE PERCENT ADDITIONAL SALES TAX BE IMPOSED DURING
1985 FOR THE JAIL EXPANSION? THE COUNTY PROPOSES TO LEVY AN
ADDITIONAL ONE PERCENT (1%) SALES TAX FOR SIX (6) MONTHS
COMMENCING ON JANUARY 11 1985 ENDING ON JUNE 30, 1985. THE
PROCEEDS SHALL BE USED TO DEFRAY THE COST OF THE JAIL
EXPANSION AND ACQUIRING AND IMPROVING CRIMINAL JUSTICE
FACILITIES FOR MONROE COUNTY.
THE WHOLE NUMBER OF
STATE OF FLORIDA
MONROE COUNTY
VOTES CAST WAS 13,695
YES 7,407
NO 6,288
AS INDICATED BELOW
/s/ PAUL E. ESQUINALDO
County Court Judge
/s/ GENE NELSON
(Substitute Member)
/s/ WILHELMINA HARVEY
Member, Board of
County Commissioners
We, the undersigned, PAUL E. ESQUINALDO, County Judge, GENE
NELSON, Substitute Member, 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 7th day of
November, A.D., 1984 and proceeded to publicly canvass the
votes given in the District 6 Special Referendum Election
held on the 6th day of November, 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
SHOULD THE COUNTY LEVY PROPERTY TAXES IN FISCAL YEAR 1985-86
IN DISTRICT 6 OF APPROXIMATELY .1865 CENTS PER $1,000.00 OF
ASSESSED VALUE OF REAL PROPERTY TO PURCHASE ONE TYPE III
AMBULANCE AND ASSOCIATED AND/OR RELATED EQUIPMENT AND TO
REMOUNT AND REFURBISH AN EXISTING MODULAR PATIENT
COMPARTMENT ONTO A NEW CAB AND CHASSIS?
BB 116
THE WHOLE NUMBER OF VOTES CAST WAS 2,100 AS INDICATED BELOW
YES 1,322
NO 778
/s/ PAUL E. ESQUINALDO
County Court Judge
/s/ GENE NELSON
(Substitute Member)
/s/ WILHELMINA HARVEY
Member, Board of
County Commissioners
STATE OF FLORIDA
MONROE COUNTY
We, the undersigned, PAUL E. ESQUINALDO, County
Judge, GENE NELSON, SUBSTITUTE MEMBER, Supervisor of
Elections, and WILHELMINA HARVEY, Member of the Board of
County Commissioners, constituting the Board of County
Canvassers in and for MONROE County, do hereby certify that
we met in the office of Supervisor of Elections on the 16th
day of November, A.D., 1984 and proceeded pursuant to
Division of Elections Rule 1C-7.13, to canvass the absentee
ballots for Federal Offices received after November 6, 1984.
As shown by the records on file in the office of the
Supervisor of Elections, we do hereby certify as follows:
For President and Vice President of the United
States, the whole number of votes cast was 19, of which
number WALTER F. MONDALE and GERALDINE A. FERRARO
(Democratic Party) received 3 Votes and RONALD REAGAN and
GEORGE BUSH (Republican Party) received 16 Votes.
David Berland (Write-in Candidate for President)
received 0 Votes.
Gus Hall and Angela Y. Davis (Write-in Candidate
for President and Vice -President) received 0 Votes.
Sonia Johnson (Write-in Candidate for President)
received 0 Votes.
Joseph W. Kelly, Jr. (Write-in Candidate for
President) received 0 Votes.
Arthur Blair Lewis (Write-in Candidate for
President) received 0 Votes.
Melvin T. Mason (Write-in Candidate for President)
received 0 Votes.
Isabell Masters (Write-in Candidate for President)
received 0 Votes.
For Representative in Congress, 19th Congressional
District, the whole number of votes cast was 15, of which
number DANTE B. FASCELL received 7 Votes and BILL FLANAGAN
received 8 Votes.
/s/ PAUL E. ESQUINALDO
COUNTY JUDGE
BB 11'7
/s/ GENE NELSON,
SUBSTITUTE MEMBER,
SUPERVISOR OF ELECTIONS
/s/ WILHELMINA HARVEY
MEMBER, BOARD OF
COUNTY COMMISSIONERS
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Board approved payment in the amount of $28,242.76 to Post,
Buckley, Schuh & Jernigan, Inc. for road work performed
during September, 1984.
Board approved, per staff recommendation, a Permit
Application from Ron Sylvester for a vertical concrete
seawall which involves fill below the Mean High Water Line
located on Lot 16, Block C, White Marlin Beach, Lower
Matecumbe Key. Zoned RU-1.
Board approved Payment #1 in the amount of $163,853.63 to
The Brewer Co. of Florida for Roadway Improvements - Big
Pine Key Roads (Mile Marker 28-32).
Board approved amendments to Contract #85-5-878 between
United Way of Dade County, Inc., the Area Agency on Aging for
Dade and Monroe Counties, and the Monroe County Board of
County Commissioners/Monroe County In -Home Services
regarding the Community Care for the Elderly Program (CCE).
Board approved the Application for Variance to the Flood
Hazard Ordinance of T. L. and Mary Simmons 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 Silver Shores Mobile Home Park.
Board approved the Application for Variance to the Flood
Hazard Ordinance of Harvey F. Wachob 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, Section 2.
Board authorized Chairman to execute a General Revenue
Funding Contract between State of Florida Department of
Health and Rehailitative Services and Monroe County Board of
County Commissioners - Local Services Program, Aging and
Adult Services.
Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider approval
for the Monroe County Industrial Development Authority to
issue Industrial Development Revenue Bonds in the amount of
$6,600,000.00 to finance a proposed 150-room Hampton Inn
Hotel and tourist facility to be located in the City of Key
West which will be owned and operated by Hotel Group, Inc.
Proof of publication was turned over to the Clerk and
entered into the records. Paul Lester, attorney to Hotel
Groups, Inc., addressed the Board. Motion was made by
Commissioner Swift and seconded by Commissioner Hernandez
adopting the following Resolution approving the issuance of
$6,600,000.00 Industrial Development Revenue Bonds of the
Monroe County Industrial Development Authority to finance an
Industrial Development Revenue Bond Project for Hotel Group,
Inc. Motion carried unanimously.
RESOLUTION NO. 327-1984
See Res. Book No. 40 which is incorporated herein by
reference.
LEGAL DEPARTMENT
Ervin Higgs, Property Appraiser, addressed the
Board regarding the Florida School Funding Formula and the
proposed lawsuit relating to same. He then introduced
Attoney Beth Antrim -Berger of the law firm of Dent,
Pflugner, Rosin & Hendricks who discussed the issue at
length. Motion was made by Mayor Sorensen and seconded by
Commissioner Swift to accept the recommendation of the
attorney and file suit under the basis presented. During
discussion, this motion was amended by Commissioner Swift to
also instruct the County Attorney and County Administrator
to prepare an estimate of costs and report back to the Board
in two weeks. Motion carried unanimously.
UNFINISHED BUSINESS
Mr. Fred Tittle, attorney representing Bland
Disposal Service, Inc., Marathon Garbage Service, Keys
Sanitary Service and Island Disposal Company, Inc.,
addressed the Board concerning the extension of the
Contracts For Garbage Franchises. Mr. Charles Aguero also
addressed the Board. Motion was made by Mayor Sorensen and
seconded by Commissioner Swift to amend the Contracts to
show that white goods would be picked up within five working
days and also to strike white goods from the definition of
"Trash" on Page 2. Motion carried unanimously. Motion was
made by Commissioner Fahrer and seconded by Mayor Sorensen
to add the word "yard" before the word "trash" under the
definition of "Solid Waste" on Page 2. Motion carried una-
nimously. Motion was made by Mayor Sorensen and seconded by
Commissioner Fahrer to amend the definition of "white goods"
so that it would include major household appliances. Motion
carried unanimously. Mr. Bob Ernst, President of the Middle
Keys Citizens Association, addressed the Board in opposition
of the extension of these Contracts at this time. Motion
was made by Commissioner Hernandez and seconded by
Commissioner Swift to approve the Contracts as amended.
Both Commissioners Harvey and Swift requested a legal ruling
from the County Attorney as to the propriety of a vote on
this item at this time. Motion was made by Commissioner
Swift and seconded by Mayor Sorensen to table this item
until after lunch. Motion carried unanimously.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
County Administrator Lewin advised the Board that
he had examined the budgets of the Airport, Social Services,
Veterans Affairs and Civil Defense to determine if those
budgets could handle salary increases for the Department
Heads and also had requested letters from each Director
justifying the increases. Mr. Lewin told the Board that the
only letter he had received was from Art Skelly, the Airport
Director. He then set out his recommendations as follows:
Airport - Requested increase is
justified and budget can
handle
Social Services - Requested increase could be
handled by attrition and by
close supervision of budget
gg 119
Veterans Affairs - Sufficient funds are unavail-
able for requested increase
Civil Defense - Requested increase is possible
only through attrition and
cutting back of other items
Motion was made by Commissioner Hernandez and seconded by
Commissioner Swift to approve a $3,000.00 salary increase
for Art Skelly, Airport Director, and Louis LaTorre, Social
Services Director. 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. Motion was then made by Commissioner
Hernandez and seconded by Mayor Sorensen to allow the
Directors of Veterans Affairs and Civil Defense to re-
petition the Board for salary increases. Roll call vote was
taken with the following results:
Commissioner
Fahrer
No
Commissioner
Harvey
No
Commissioner
Hernandez
Yes
Commissioner
Swift
Yes
Mayor Sorensen
Yes
Motion carried.
UNFINISHED BUSINESS
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to adopt the following 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 Zone
Implementation Plan for the Keys by and between the State of
Florida Department of Environmental Regulation and Monroe
County. Roll call vote was taken with the following
results:
Commissioner Fahrer Yes
Commissioner Harvey Yes
Commissioner Swift Yes
Mayor Sorensen No
Motion carried with Commissioner Hernandez being absent from
the meeting.
RESOLUTION NO. 328-1984
See Res. Book No. 40 which is incorpo— rated herein by
reference.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Commissioner Swift introduced Judy O'Dell of the
County Zoning Department who addressed the Board about non-
conforming lot uses. After a lengthy discussion, Ms. O'Dell
requested the Board to rescind their action of November 2nd
regarding pyramiding. Mr. Bob Ernst addressed the Board
regarding proper procedure for making amendments.
Motion was made by Commissioner Swift to rescind the action
taken by the Board on November 2nd and resume operating
BB 120
under the action taken on March 9th. Motion died for lack
of a second. The matter was then re -opened to public
discussion. Ms. Leona Slater addressed the Board concerning
"spot" zoning. Motion was then made by Commissioner Swift
and seconded by Commissioner Hernandez to return to the
action taken on March 9th. Roll call vote was taken with
the following results:
Motion failed.
Commissioner
Fahrer
No
Commissioner
Harvey
No
Commissioner
Hernandez
Yes
Commissioner
Swift
Yes
Mayor Sorensen
No
UNFINISHED BUSINESS
The Board then resumed action on the Garbage
Franchise Contracts. County Attorney Proby advised the
Board that, in his opinion, it was proper for the Board to
go forward with a vote if they felt that the definition on
the Agenda of this item was not misleading. Motion was then
made by Mayor Sorensen and seconded by Commissioner Swift to
put the item back on the table. Motion carried unanimously.
Motion was made by Mayor Sorensen and seconded by
Commissioner Swift to approve the Contracts as amended.
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.
REQUEST TO ADDRESS THE BOARD
Mr. Jimmy Goff, Representative of Post, Buckley,
Schuh & Jernigan, addressed the Board and discussed making
FAA pre -applications to be in line for Federal funding for
renovation of the current Key West International Airport
Terminal and construction of a new Marathon Airport
Terminal. Motion was made by Commissioner Swift and
seconded by Mayor Sorensen to approve the making of FAA pre -
applications for Federal funding for renovation of the
current Key West International Airport Terminal and
construction of a new Marathon Airport Terminal as follows:
$158,829.00 - Key West
72 372.00 - Marathon
23 ,20 .00 - Total
Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Harvey to decrease the bond for all firms
flying into the Marathon Airport from $15,000.00 to
$5,000.00 and to leave at $15,000.00 the bond for all firms
flying into the Key West International Airport. Motion
carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to grant permission to represen-
tatives of Gull Air to enter into negotiations with the
Airport Committee and Art Skelly, Airport Director, for
BB-- 121
counterspace at Key West International Airport. 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.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Motion was made by Commissioner Swift and seconded
by Commissioner Harvey to adopt the following Resolution
recognizing the service to the County by the Honorable Ken
Sorensen both as Mayor of said County and a County
Commissioner and authorizing the issuing of a plaque com-
memorating said service. Motion carried unanimously.
RESOLUTION NO. 329-1984
See Res. Book No. 40 which is incorporated herein by
reference.
Motion was then made by Commissioner Swift and seconded by
Commissioner Harvey to adopt the following Resolution
recognizing the service to the County by the Honorable Jerry
Hernandez both as Mayor of said County and a County
Commissioner and authorizing the issuing of a plaque com-
memorating said service. Motion carried unanimously.
RESOLUTION NO. 330-1984
See Res. Book No. 40 which is incorporated herein by
reference.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Tom Long, Court Administrator, presented to the
Board a letter from Judge Kirwan concerning renovation needs
at the Marathon Sub -Courthouse. Mayor Sorensen advised that
he had spoken with Judges Lester, Gomez and Kirwan and all
of them felt that the situation at the Sub -Courthouse was
critical. Motion was made by Commissioner Swift to allocate
$30,000.00 out of the proceeds of the 1¢ sales tax for addi-
tional space at the Marathon Sub -Courthouse. Motion was
made by Mayor Sorensen to amend Commissioner Swift's motion
that funds not exceeding $40,000.00 be allocated as a loan
out of the current General Fund to advance money for initial
construction immediately, said funds to be replaced by those
monies generated from the taxes coming in. Commissioner
Swift withdrew his original motion. Motion was then made by
Commissioner Fahrer and seconded by Commissioner Swift to
approve the request for $30,000.00 for construction work at
the Marathon Sub -Courthouse and directing that work be done
to determine what the long-term needs are. Roll call vote
was unanimous with Commissioners Harvey and Hernandez being
absent from the meeting. Motion was then made by Mayor
Sorensen and seconded by Commissioner Fahrer to authorize
plans and specifications to be made for submission prior to
January 1, 1985. Roll call vote was taken with the
following results:
Commissioner Fahrer Yes
Commissioner Swift No
Mayor Sorensen Yes
Motion carried with Commissioners Harvey and Hernandez being
absent from the meeting. Motion was made by Commissioner
BB 122
Fahrer and seconded by Commissioner Swift to reconsider.
Roll call vote was taken with the following results:
Motion failed.
Commissioner Fahrer Yes
Commissioner Hernandez No
Commissioner Swift Yes
Mayor Sorensen No
UNFINISHED BUSINESS
Louis LaTorre, Social Services Director, advised
the Board that the staff had met concerning the CPHU
Contract between the Health Department and the County and
that it was their unanimous feeling that the item should be
tabled at this time. After discussion, motion was made by
Commissioner Hernandez and seconded by Mayor Sorensen to
table this matter. Motion carried unanimously with
Commissioner Harvey being absent from the meeting.
LEGAL DEPARTMENT
Motion was made by Commissioner Hernandez and
seconded by Commissioner Swift to adopt, per recommendation
of the County Attorney, the following Resolution concerning
the Petition of Robert Paterno and Mary Dell Paterno for
vacation of a drainage easement on property located in Key
Haven, Monroe County, Florida. Motion carried unanimously
with Commissioner Harvey being absent from the meeting.
RESOLUTION NO. 331-1984
See Res. Book No. 40 which is incorporated herein by
reference.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Motion was made by Commissioner Hernandez and
seconded by Commissioner Swift to approve a rental car for
the use of the County Attorney. Motion carried unanimously
with Commissioner Harvey being absent from the meeting.
Motion was made by Mayor Sorensen and seconded by
Commissioner Fahrer to approve the appropriation of
$10,000.00 to the Key West Historic Preservation Board.
Motion carried unanimously with Commissioner Harvey being
absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Mayor Sorensen to approve the payment of $471.25 to Risk
Control.
Mr. Lewin reported that the Committee appointed to
consider the use of the $210,000.00 excess funds received
from the Tax Collector made the following recommendations:
$70,000.00 Generators
$15,000.00 Key West Courthouse Repairs
$ 3,000.00 Key West Courthouse Fire Alarm System
$30,000.00 Marathon Sub -Courthouse Repairs
$92,000.00 Contingent For Later Use
Motion was made by Commissioner Hernandez and seconded by
Commissioner Fahrer to accept the recommendations of the
Committee. During discussion, motion was made by
Commissioner Swift to postpone. Motion died for lack of a
second. Commissioner Hernandez withdrew his original
BB 123
motion. Motion was then made by Commissioner Swift and
seconded by Commissioner Hernandez to table this matter
until further notice. Motion carried unanimously with
Commissioner Harvey being absent from the meeting.
Motion was made by Commissioner Swift and seconded
by Mayor Sorensen to grant a salary increase of $5,000.00 to
Assistant County Attorney Sheri Smallwood. Motion carried
unanimously with Commissioner Harvey being absent from the
meeting.
Motion was made by Commissioner Hernandez and
seconded by Mayor Sorensen to approve the waiver of a
building permit fee in the amount of $336.00 paid by Martin
Luther Chapel of Marathon for construction of a sign.
Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to table this item. During discussion,
this motion was withdrawn by Commissioner Swift. Roll call
vote was taken on the original motion with the following
results:
Commissioner Fahrer No
Commissioner Hernandez Yes
Commissioner Swift No
Mayor Sorensen Yes
Motion failed.
Motion was made by Commissioner Swift and seconded
by Commissioner Hernandez to approve the request of staff to
seek new proposals for the Nutition Program Food Services
Providers for 1985. Motion caried unanimously with
Commissioner Harvey being absent from the meeting.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Swift to table until the next
meeting a discussion concerning possible funding for the
Fire Marshal position. Motion carried unanimously with
Commissioner Harvey being absent from the meeting.
Motion was made by Commissioner Hernandez to post-
pone until the next meeting consideration of approval for
permission to place liens on Real Estate Parcels for failure
to pay bills under Pollution Control. Motion died for lack
of a second. After further discussion, motion was made by
Mayor Sorensen and seconded by Commissioner Fahrer to
approve permission to place liens on Real Estate Parcels for
failure to pay bills under Pollution Control. Motion
carried unanimously with Commissioner Harvey being absent
from the meeting. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer to reconsider. Motion
carried unanimously with Commissioner Harvey being absent
from the meeting. Roll call vote was taken on the original
motion with the following results:
Commissioner Fahrer Yes
Commissioner Hernandez No
Commissioner Swift No
Mayor Sorensen Yes
Motion failed. During discussion, motion was made by
Commissioner Swift and seconded by Mayor Sorensen to recon-
sider the original motion. Motion carried unanimously with
Commissioner Harvey being absent from the meeting. Motion
was made by Commissioner Swift and seconded by Commissioner
Fahrer to approve permission to place liens on Real Estate
Parcels for failure to pay bills under Pollution Control.
Motion carried unanimously.
BB 124
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Mayor Sorensen discussed the Highway Beautification
Committee. Motion was made by Commissioner Swift and
seconded by Commissioner Hernandez to authorize Mr. Sorensen
to continue (after the end of his term of office) to admi-
nister the Highway Beautification Program under guidelines
outlined by State of Florida Department of Transportation
and the Monroe County Board of County Commissioners. Motion
carried unanimously with Commissioner Harvey being absent
from the meeting.
Motion was made by Mayor Sorensen and seconded by
Commissioner Hernandez to authorize the execution of the
Agreement between Monroe County and Newman, Blitz &
McConnell, Inc. regarding the Tourist Development Council.
Motion carried unanimously with Commissioner Harvey being
absent from the meeting.
The Board considered adoption of the following
Resolution directed to the State of Florida and its various
agencies, including the Department of Community Affairs,
requesting recognition of certain obligations as a result of
the prospective passage of a Land Use Map, Land Use Plan and
all attendant required documentation for Monroe County,
Florida. Motion was made by Mayor Sorensen and seconded by
Commissioner Hernandez to amend the Resolution to set out
that it would be attached to and made a part of any sub-
mission of a Land Use Plan. Roll call vote was unanimous
with Commissioner Harvey being absent from the meeting.
Motion was then made by Mayor Sorensen and seconded by
Commissioner Hernandez to adopt the Resolution as amended.
Motion carried unanimously with Commissioner Harvey being
absent from the meeting.
RESOLUTION NO. 332-1984
See Res. Book No. �h—is incorporated herein by
reference.
Mr. Charles Siemon addressed the Board concerning
Right To Fish Ordinance. After discussion, motion was made
by Mayor Sorensen and seconded by Commissioner Hernandez to
direct Mr. Siemons and County Attorney Proby to draft and
advertise for Public Hearing a Right To Fish Ordinance.
Motion carried unanimously with Commissioner Harvey being
absent from the meeting.
UNFINISHED BUSINESS
Motion was made by Mayor Sorensen and seconded by
Commissioner Hernandez to postpone until the next meeting
the appointment to the Translator Board. Motion carried
unanimously with Commissioner Harvey being absent from the
meeting.
Motion was made by Mayor Sorensen and seconded by
Commissioner Hernandez to postpone until the next meeting
the consideration of approval for placement of utility poles
at the Indian Harbor Subdivision. Motion carried unani-
mously with Commissioner Harvey being absent from the
meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to grant authority to advertise for
Public Hearing the siting of a hazardous waste transfer sta-
tion. Roll call vote was taken with the following results:
BB 125
Commissioner Fahrer Yes
Commissioner Hernandez No
Commissioner Swift Yes
Mayor Sorensen No
Motion failed with Commissioner Harvey being absent from the
meeting.
REQUST TO ADDRESS THE BOARD
Motion was made by Commissioner Hernandez and
seconded by Mayor Sorensen to adopt the following Resolution
endorsing the Fourth Annual Seven Mile Bridge Run on April
279 1985 and authorizing the Mayor to execute D.O.T. Form
No. 571-18. Motion carried unanimously with Commissioner
Harvey being absent from the meeting.
RESOLUTION NO. 333-1984
See Res. Book No. 40 which is incorporated herein by
reference.
BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeals. Present were Commissioners Fahrer, Hernandez
and Swift, and Mayor Sorensen. Absent from the meeting was
Commissioner Harvey. Also present were Danny L. Kolhage,
Clerk; Lucien Proby, County Attorney; Kermit Lewin, County
Administrator; Dr. Jeffrey Doyle, Director of Planning; mem-
bers of the Press and Radio; and the general public.
Mr. Michael Halpern, attorney representing Stacey
L. Harnish, addressed the Board concerning his request to
reverse the decision of the Monroe County Zoning Board on
August 31, 1984, in denying his request for a Change of
Zoning from BU-2 with a BU-2E to BU-2 with a BU-2E and
BU-2C, on Lots 8 thru 12 and Part of Lot 13, Square 28 of
maloney's Subdivision, as recorded in Plat Book 1, Page 55,
and located in Section 35, Township 67 South, Range 25 East,
Stock Island. There was no public input. Motion was made
by Commissioner Swift and seconded by Commissioner Harvey tc
adopt the following Resolution reversing the decision of the
Zoning Board of Monroe County, Florida,,without prejudice,
and approving the request of Stacey L. Harnish to reverse
the decision of the Zoning Board of Monroe County, Florida,
denying a change of zoning from BU-2 with a BU-2E to BU-2
with a BU-2E and BU-2C. Motion carried unanimously with
Commissioner Harvey being absent from the meeting.
RESOLUTION NO. 334-1984
See Res. Book No. 40 which is incorporated herein by
reference.
PUBLIC 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 in the Monroe County Code of
Ordinances; providing for an effective date. Proof of
publication was entered into the records. Motion was made
by Commissioner Swift and seconded by Commissioner Hernandez
to read by title only. There was no public input. Motion
BB 1�
was made by Commissioner Swift and seconded by Mayor
Sorensen to adopt the following 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 in the
Monroe County Code of Ordinances; providing for an effective
date. Motion carried unanimously.
ORDINANCE NO. 030-1984
See Ord. Book No. 8 which is incorporate herein by
reference.
A Public Hearing was held on proposed Land Use
Scenarios which will be presented by the Special Planners
employed by Monroe County concerning the future Land Use Map
and the Land Use Plan. Mayor Sorensen discussed the action
of the Board up to the present time and the conduct of the
several Public Hearings which were held on November 13th,
November 14th and November 15th concerning the Land Use Plan
Scenarios. Mr. Charles Siemon of the Consulting Firm
addressed the public and the Board concerning the current
status of the work to develop a Land Use Plan and Map and
the necessary implementing Ordinances. Mr. Siemon discussed
the scenarios that had been presented to the Board for their
consideration and generally described the planning areas
approach. The following individuals addressed the Board
concerning the Land Use Plan scenarios: Bill Paulsen, Al
Fried, Lloyd Good, Cleare and Anne Filer, Kieran Mahoney,
William Westray, Al Damron, Bob Ernst, Marie Landry, Betty
Bullock, Jim Lewis, Lamar Louise Curry, Fred Tittle, Grace
Mannillo, George McCarron, Sophia Espey.
Each of the Commissioners then proceeded to express
their thoughts concerning this process. Commissioner Fahrer
indicated that it was her desire that the Consultants
proceed with a sample Plan based on a combination of sce-
narios (which they should develop from the available infor-
mation with input from the public received from the Public
Hearings and also the Board of County Commissioners)
together with an Economic Analysis, an Analysis of
Transferrable Development Rights (TDR's), and a Platted Land
Survey.
Commissioner Harvey discussed the sale of large
tracts of land to the Government in Monroe County. She
questioned the operation and effectiveness of Transferrable
Development Rights (TDR's). She also discussed hurricane
evacuation and safety and indicated that Monroe County
should act upon an appropriate scenario or combination of
scenarios and not the State of Florida. She indicated a
preference for a scenario without the use of Transferrable
Development Rights and with no reference to the hurricane
capital costs as indicated in the report and also one that
would maintain private property rights. Commissioner Harvey
expressed a hope that the Consultants could arrive at a com-
bination of scenarios which would comply with State regula-
tions and maintain as much possible the current situation.
Commissioner Hernandez indicated that, in his opi-
nion, the new Board should deal with this problem and that,
from his observation, the public input had indicated that
they were not in favor of any of the scenarios. He also
indicated that these scenarios and the future action of the
Board concerning them made no provision for future genera-
tions. He indicated that he favored no adoption at this
point.
BB 12'7
Commissioner Swift discussed Critical Concern and
its impact on Monroe County residents. He also indicated
that, in his opinion, the State and Federal Governments
should pay for and compensate the owners for the environmen-
tally sensitive lands and also pay the County by way of
payments in lieu of taxes for lands removed from the Monroe
County Tax Roll. He indicated that, in his opinion, twenty-
four thousand additional units in twenty years was unaccep-
table as it was too large and would require tremendous
infrastructure expenditures. He discussed and asked that
the State re -visit their demand for the provision of capital
costs associated with the construction of hurricane shelters
in the Keys. He requested that a plan be prepared and sent
to the State without the provision of an estimate of costs
associated with the construction of hurricane shelters.
Commissioner Swift also discussed overall density limita-
tions. He indicated that too much emphasis was placed on
upland hammocks which did not contain sensitive or
endangered species and asked that the Consultants re -visit
this area of consideration. Commissioner Swift also
addressed his concerns in regard to Transferrable
Development Rights (TDR's) and indicated that they should be
used only on submerged lands, wetlands, and extremely
environmentally sensitive lands. He also discussed and
favored a legal extensive re -platting program instead of the
use of TDR's.
Mayor Sorensen discussed private property rights, a
compensation to property owners for lands which are highly
regulated, and the use of Transferrable Development Rights.
He also indicated that he felt the current Commission should
make the decision concerning the scenarios. He discussed
the prior Land Use Map which was produced in 1978 and which
the County Commission at that time failed to adopt. He
expressed concern for the fact that there was no economic
study in hand concerning the scenarios and also questioned
the marketability of the TDR's. He was concerned about
treatment of owners of platted lots, indicated that there
was not enough time to fully familiarize all of the people
in the Keys with the current process, and indicated that he
realized that there were some errors in the data which was
being used. He indicated that the County might realize a
loss of $6,000,000.00 in taxes due to this effort. He con-
tinued to stress the fact that it was necessary to adopt a
proposed scenario or combination of scenarios so that the
Consultants could proceed with the Plan and determine the
costs associated with it. He indicated that he would ask
for the employment of a third economic study to analyze the
proposed scenarios once adopted.
Motion was made by Commissioner Hernandez to reject
all of the scenarios presented to the Board. Motion died
for lack of a second.
Mr. Siemon addressed the Board and indicated that
the Consultants would recommend for a majority of the
Planning Areas a combination of Scenarios A and D with the
option of property owners to use TDR's or to develop in
accordance with the provisions of Scenario D and also that
he would, within sixty days, produce an Economic Study, a
Study of Transferrable Development Rights, and a Platted
Lands Analysis.
The Board then proceeded to discuss each Planning
Area and make recommendations individually as follows:
Planning Area #2: Commissioner Swift discussed
Planning Area #2 and indicated that he would like to see
Scenario A applied with up to four hundred units and also
consideration given for destination resort areas, marina
areas and a possible shipping port. Consultants recommended
Scenarios A and D. Motion was made by Commissioner Swift
and seconded by Mayor Sorensen to accept the recommendation
of the Consultants for the application of Scenarios A and D.
including the comments of Commissioner Swift concerning
destination resorts, marinas, shipping port, and provisions
for median income housing. Motion carried unanimously.
Mr. Siemon then addressed the Board concerning the
new schedule for the process leading up to adoption of the
Land Use Plan. Motion was made by Mayor Sorensen and
seconded by Commissioner Fahrer to adopt the new Schedule of
Adoption of Land Use Plan as shown on the attached graph.
Motion carried unanimously.
Planning Area #3: Consultants recommended
Scenarios A and D. Commissioner Swift discussed his con-
cerns for multi -family and commercial uses in the area.
Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to apply Scenarios A and D to Planning
Area #3 with the consideration for only two acres of com-
merical. Motion carried unanimously.
Planning Area #4: Consultants recommended a modi-
fication of Scenario B with mandatory Transferrable
Development Rights and possible areas for fishing uses.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Swift to accept the recommendation of the
Consultants. Motion carried unanimously. During
discussion, Commissioner Swift discussed possible industrial
areas. Motion was made by Commissioner Swift to amend the
motion to include a minimum of fifty acres for an industrial
park. Motion carried unanimously.
Planning Area #5: Consultants recommended
Scenarios A and D with the use of TDR's in environmentally
sensitive areas and also consideration for the AICUZ zone.
Motion was made by Commissioner Swift and seconded by
Commissioner Harvey to accept the recommendation of the
Consultants for Planning Area #5. Motion carried unani-
mously with Commissioner Hernandez and Mayor Sorensen being
absent from the meeting.
Planning Area #6: Consultants recommended
Scenarios A and D for Planning Area #6. Motion was made by
Commissioner Harvey and seconded by Commissioner Swift to
accept the recommendation of the Consultants for Planning
Area #6. Motion carried unanimously with Commissioner
Hernandez and Mayor Sorensen not present..
Planning Area #7: Consultants recommended
Scenarios A and D for Planning Area #7. Commissioner Swift
discussed the densities and also commercial acreage. He
recommended that the Consultants consider one hundred fifty
units and two acres of commercial. Motion was made by
Commissioner Fahrer and seconded by Commissioner Harvey to
approve the Consultants' recommendation for Planning Area #7
with a consideration for one hundred fifty units and two
acres of commercial. Motion carried unanimously with
Commissioner Hernandez and Mayor Sorensen not present.
Planning Area #8: Consultants recommended
Scenarios A and D for Planning Area #8. Motion was made by
1
1
Commissioner Swift and seconded by Commissioner Harvey to
approve Scenario D for Planning Area #8 with the use of
TDR's only in extremely environmentally sensitive areas.
Motion carried unanimously with Commissioner Hernandez ,and
Mayor Sorensen being absent from the meeting
i
Planning Area #9: Consultants recommended
Scenarios A and D. Motion ;was made by Commissioner Swift
and seconded by Commissioner Harvey to approve Scenario D
for Planning Area #9 with a';recommendation of six hundred
units and the use of TDR's 'in environmentally sensitive'
areas. Motion carried unan'imously with Commissioner
Hernandez and Mayor Sorensen not present.
Planning Area #10: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Swift
and seconded by Commissioner Harvey to accept the recommen-
dation of the Consultants concerning Planning Area #10.
Motion carried unanimously with Commissioner Hernandez and
Mayor Sorensen not present.
Planning Area #11: Consultants recommended
Scenarios A and D. Motion;was made by Commissioner Swift
and seconded by Commissions"r Harvey to recommend the use of
Scenario D with nine hundred units and TDR's in environmen-
tally sensitive areas. Motion carried unanimously with
Commissiner Hernandez and Mayor Sorensen not present.
Planning Area #12 Consultants recommended
Scenarios A and D. Motion was made by Commissioner Swift
and seconded by Commissioner Harvey to approve Scenario D for
Planning Area #12 with the'use of TDR's in extremely
environmentally sensitive areas. Motion carried unanimously
with Commissioner Hernandez and Mayor Sorensen not present.
Planning Area #13 Consultants recommended
Scenarios A and D. Motion ''was made by Commissioner Swift
and seconded by Commissioner Harvey to approve Scenario D
with the recommendation oflthree hundred fifty units and the
use of TDR's in extremely environmentally sensitive areas.
Motion carried unanimouslyiwith Commissioner Hernandez and
Mayor Sorensen not present!
Planning Area #14i Consultants recommended
Scenarios A and D. Motion was made by Commissioner Swift
and seconded by Commissioner Harvey to recommend for con-
sideration in Planning Area #14 Scenario D with the use of
TDR's in extremely environmentally sensitive areas. Motion
carried unanimously with Commissioner Hernandez and Mayor_
Sorensen not present.
Planning Area #15. Consultants recommended
Scenarios A and D with a mix of native and sparsely settled.
Motion was made by Commissioner Swift and seconded by
Commissioner Harvey to accept the recommendation of the -
Consultants. Motion carried unanimously with Commissioner
Hernandez and Mayor Sorensen not present.
Planning Area #16�: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Swift
and seconded by Commissioner Harvey to recommend use of
Scenario D in Planning Area #16 with approximately three
hundred fifty units and limited use of TDR's in extremely
environmentally sensitive ;areas. Motion carried unanimously
with Commissioner Hernande.�z and Mayor Sorensen not present.
Planning Area #17: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Harvey
and seconded by Commissioner Fahrer to approve the following
recommendation of the Big Pine Key Civic Association:
"Low density and height building can take place
on all scarified and disturbed lands; on 60% of
the vacant, improved residential lots; but in
none of the environmentally sensitive areas.
his scenario would be non -clustered wherein
development rights will be allocated. Transfer
of Development Rights would be permissible in
this scenario for transfer to other planning
areas supporting clusters."
with seven hundred fifty units, a program of legal
replatting and a proposed planning area boundary change as
proposed by the Big Pine Key Civic Association and the use
of limited TDR's in environmentally sensitive areas. Motion
carried unanimously with Commissioner Hernandez and Mayor
Sorensen not present.
Planning Area #18: Consultants recommended mandatory
Transferrable Development Rights in the Key Deer critical
habitat. Motion was made by Commissioner Swift and seconded
by Commissioner Harvey to recommend the use of Transferrable
Development Rights in reduced density, a system of legal
replatting, the following recommendation of the Big Pine Key
Civic Association:
"Low density and height building can take place
on all scarified and disturbed lands; on 60% of
the vacant, improved residential lots; but in
none of the environmentally sensitive areas.
This scenario would be non -clustered wherein
development rights will be allocated. Transfer
of Development Rights would be permissible in
this scenario for transfer to other planning
areas supporting clusters."
and recommending that the Consultants confer with Al Damron
and Curt Blair of the Big Pine Key Civic Association.
Motion carried unanimously with Commissioner Hernandez not
present.
Planning Area #19: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Swift
and seconded by Commissioner Fahrer to accept the recommen-
dation of the Consultants. Motion carried unanimously with
Commissioner Hernandez not present.
Planning Area #20: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Swift
and seconded by Commissioner Harvey to accept the recommen-
dation of the Consultants. Motion carried unanimously with
Commissiner Hernandez not present.
Planning Area #21: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Fahrer
and seconded by Commissioner Sorensen to accept the recom-
mendation of the Consultants. Motion carried unanimously
with Commissioner Hernandez not present.
Planning Area #22: Consultants recommended
Scenarios A and D with special emphasis on infill and rede-
velopment. Motion was made by Commissioner Swift and
seconded by Commissioner Harvey to recommend Scenario D with -
one thousand units and Scenario A with the use of TDR's in
the extremely environmentally sensitive areas, consideration
gg 131
for destination resorts, median cost housing, and light
industrial uses. Motion carried unanimously with
Commissioner Hernandez not present. The Planning Team was
also asked to consult with Mr. Jim Lewis and Mr. Bill
Daniels, residents in the area.
Planning Area #23: Consultants recommended with
the bridge a modified Scenario A (fishing village); without
the bridge a modified Scenario A with mandatory TDR's and
non-residential fishing. Motion was made by Commissioner
Swift and seconded by Commissioner Fahrer requesting that
the Consultants explore all of the possibilities concerning
fishing, light industrial, recreational, resort and residen-
tial uses. Motion carried unanimously with Commissioner
Hernandez not present.
Planning Area #25: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Swift
and seconded by Mayor Sorensen Scenario D with seven hundred
units for Planning Area #25 and limited use of TDR's in
extremely environmentally sensitive areas, light intrusion
into hammock areas if acceptable, and possible industrial
area consideration. Motion carried unanimously with
Commissioner Hernandez not present.
Planning Area #26: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Swift
and seconded by Mayor Sorensen to recommend Scenario D with
three hundred fifty units and also Scenario A with limited
use of TDR's in extremely environmentally sensitive areas.
Motion carried unanimously with Commissioner Hernandez not
present.
` Planning Area #27: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Swift
and seconded by Mayor Sorensen to recommend the use of
Scenario D with a four hundred seventy-eight unit complete
build -out. Motion carried unanimously with Commissioner
Hernandez not present.
Planning Area #28: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Fahrer
and seconded by Commissioner Harvey to accept the recommen-
dation of the Consultants. Motion carried unanimously with
Commissioner Hernandez not present.
Planning Area #29: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Swift
and seconded by Commissioner Fahrer to recommend the use of
Scenario D with six hundred units, limited use of
Transferrable Development Rights in extremely environmen-
tally sensitive areas and also lot combination techniques.
Motion carried unanimously with Commissioner Hernandez not
present.
Planning Area #30: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Fahrer
and seconded by Commissioner Harvey to recommend Scenario D
for Planning Area #30. Motion carried unanimously with
Commissioner Hernandez not present.
Planning Area #31: Consultants recommended
Scenarios A and D. Motion was made by Commissioner Fahrer
and seconded by Mayor Sorensen to approve Scenario D with
six units and limited use of Transferrable Development
Rights and also the development of an alternate scenario
upon review of the litigation currently involving that area.
i i t
Motion carried unanimously with Commissioner Hernandez not
present.
Planning Area #32:, Consultants recommended
Scenarios A and D. Motion ;was made by Commissioner Swift
and seconded by Commissioner Fahrer to approve the recommen-
dation of Scenario D with one thousand fifty units, limited
use of TDR's and also Scenario B with the protection of ham-
mock lands in established hammock areas. Roll call vote was
taken with the following results:
Commissioner Fahrer Yes
Commissioner Harvey Yes
Commissioner Swift No
Mayor Sorensen Yes
Motion carried with Commissioner Hernandez being absent from
the meeting. 'I
Planning Area #33:' Consultants recommended
Scenarios A and D. Motion:'was made by Mayor Sorensen and
seconded by Commissioner Fa;hrer to recommend Scenario D for
Planning Area #33 with seven hundred fifty units, limited
use of Transferrable Develo,'pment Rights in extremely
environmentally sensitive areas and also Scenario B with the
protection of hammocks in established hammock areas. Roll
call vote was taken with the following results:
Commissioner Harvey Yes
Commissioner ':Swift No
Mayor Sorenseln Yes
Motion carried with Commissioners Fahrer and Hernandez not
present.
Planning Area #34:: Consultants recommended
Scenarios A and D. Motion;was made by Commissioner Swift
and Mayor Sorensen to approlve the recommendation of Scenario
D in Planning Area #34 with;, four hundred units and light.-
intrusion into hammock area's and limited u'se of TDR's in
extremely environmentally sensitive areas. Motion carried
unanimously with Commissioners Fahrer and Hernandez not pre-
sent.
Planning Area #35:: Consultants recommended
Scenarios A and D. Motion -was made by Commissioner Swift
and seconded by Commissioner Harvey to approve the recommen-
dation of Scenario D for PlIanning Area #35 with one thousand
units -and also Scenario B with protection of hammocks in the
established hammock areas.. Roll call vote was taken with
the following results:
Commissioner -Harvey Yes
Commissioner 'Swift No
Mayor Sorensen Yes
Motion carried with Commissioners Fahrer and Hernandez not
present.
Planning Area #36:� Consultants recommended
Scenarios A and D. Motion was made by Commissioner Swift
and seconded by Commissioner Fahrer to accept the recommen-
dation of the Consultants.; Roll call vote was taken with
the following results:
Commissioner'Fahrer Yes
Commissioner ;Swift Yes
Mayor Sorensen No
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Motion carried with Commis"sioners Harvey and Hernandez not
present. i
Planning Area #37: Consultants recommended
Scenarios A and D. Motion1was made by Mayor Sorensen and
Commissioner Fahrer to approve the recommendation of
Scenario D with two -hundred twenty-five units for Planning
Area #37 and Scenario B for the protection of the hammocks
in established hammock areas. Roll call vote was taken with
the following results:
Commissioner'-Fahrer- Yes
Commissioners Swift No
Mayor Sorensen Yes
Motion carried with Commissioners Harvey and Hernandez not
present.
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Planning Area #38' Consultants recommended
Scenarios A and D. Motiontiwas made by Commissioner Swift
and seconded by Mayor Sorensen to approve the recommendation
of Scenario D with three hundred units and limited use of
TDR's in extremely environmentally sensitive areas for
Planning Area #38. Motion .1carried unanimously with
Commissioners Harvey and Hernandez not present.
Planning Area #391 Consultants indicated that this
was Port Bougainville and they had no recommendation on this
Area. Motion was made by ,Mayor Sorensen and seconded by
Commissioner Fahrer to recommend that the Consultants con-
sider the permitted units.,., During discussion, the motion
was withdrawn. Following further discussion, motion was
made by Mayor Sorensen and;jseconded by Commissioner Swift
recommending that the Consultants consider the units
approved in accordance with the DRI. Motion carried unani-
mously with Commissioners Harvey and Hernandez not present.
Planning Area #40: Consultants recommended
Scenario B. Motion was made by Commissioner Swift and,
seconded by Commissioner Fahrer to accept the recommendation
of the Consultants. Motion carried unanimously with
Commissioners Harvey and Hernandez not present.
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Planning Area #4111 Consultants recommended
Scenario B. Motion was made by Commissioner Fahrer and
seconded by Mayor Sorensen'to accept the recommendation of
the Consultants. Motion carried unanimously with
Commissioners Harvey and Hernandez not present.
Planning Area #42�. Consultants recommended
Scenarios A'and D. Motion was made by Commissioner Swift
and seconded by Commissioner Fahrer to approve the recommen-
dation of Scenario D with six hundred sixty-five units and
limited use of TDR's in extremely environmentally'sensitive
areas. A substitute motion was made by Mayor Sorensen -and
seconded by Commissioner Fahrer to approve the recommen-
dation of Scenario D with six hundred sixty-five units,
limited use of TDR's in extremely environmentally sensitive
areas and to include all hammock lands as Scenario B. Roll
call vote was taken with the following results:
i
Commissioner! Fahrer Yes
Commissioner�Harvey Yes
Commissioner 1Swift No
Mayor Sorensen Yes
Motion carried with Commissioner Hernandez not present.
BB .134
Planning Area #43: Consultants recommended
Scenario B. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer to accept the recommendation
of the Consultants. Motion carried "unanimously with -
Commissioner Hernandez not present.
Motion was made by Commissioner Swift to request
the Consultants and the Department of Community Affairs to
review their treatment of hammock lands and also use
of limited TDR's. During discussion, motion was withdrawn.
Mayor Sorensen discussed the need for a third eco-
nomic study. Motion was made by Mayor Sorensen and seconded
by Commissioner Swift directing Dr. Doyle and the County
Staff to seek proposals for a third economic study and
assessment of the data produced by the Plan and the Board to
consider the funding of the study from Contingency. Charles
Siemon of the Consulting Firm indicated that it might be
possible to use a peer review process. Following.
discussion, motion passed unanimously with Commissioner
Hernandez not present.
Mayor Sorensen then proceeded to discuss his term
of service and some of the accomplishments made during that
term.
There being no further business, the meeting was
adjourned.
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