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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 iJ 1 1 1 1 1 i 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. i 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. I 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. 1 I 3z x m a rn �1.- Sr7lw,,­. r d`F' ° �x�� Est �` • �� f w Via., i^ �:..- � • C.:. ., ,a, , �3 a 4 k •�'� .y t ,f. ,� mv. a