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12/14/1984 RegularRegular Meeting Board of County Commissioners Friday, December 14, 1984 Marathon A regular meeting of the Board of County Commissioners convened on the above date. Present and answering to roll call werelCommissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormont, Commissioner Ed Swift, and .Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the County's Consulting Engineers Firm; members of the Press and Radio; and the general pub lic. All stood for the Invocation and Pledge of Allegiance to the Flag. Motion was made by Commissioner Swift and seconded by Commissioner Stormont tolapprove the following items by unanimous consent: COUNTY (ADMINISTRATOR Board approved payment in the amount of $1,000.00 to Andrew M. Tobin, P.A. for professVonal services rendered by him with regard to the Code Enforcement Board. Board approved payment in the amount of $450.00 to Lopez Funeral Home for the Pauper Burial'of John Doe (unidentified male from Key Largo). Board approved payment in the amount of $400.00 to Lopez Funeral Home for the Pauper'; Burial of Alfonso Gonzalez. Board approved payment in the amount of $400.00 to Lopez Funeral Home for the Pauper Burial of Pedro Sanchez Pestania. Board authorized refund of:1$100.00 to Kenneth Tramell for money paid for a Zoning Change Application for Susan C. Sawyer inasmuch as the request for a dimensional variance for a proposed rezoning was denied. Board approved the following staff recommendations for Fiscal Year 1985 Food Service for the Monroe County Nutrition Program For Senior Citizens: Lower Keys: Florida Food Systems Management, Inc. (formerly C. R. Foods) Middle Keys: F;isherman's Hospital Upper Keys: M,ariner's Hospital Board ratified Worksite Agreements with reference to employ- ees presently employed through the Senior Community Program Contract which runs from August 1, 1984 through June 30, 1985: Wilhelmina Harvey; &ARP Senior Center, Marathon;, AARP Senior Center, Key West; A!ARP Senior Center, Big Pine Key; AARP Senior Center, Plant4,±tion Key; Social Services; Monroe County Social Services, Pliantation; Homemakers, Key West; Nutrition Department, Key'West; Transportation Department, Key West; Monroe County Library, Key West; Monroe County 1 1 1 1 1 Public Works Department, Key West; Monroe County Public Works Department, Marathon;! Monroe County Home, Key West; Monroe County Jury Clerk; Monroe County Planning & Zoning, Key West; Help Line, Key West; United Way, Key West; Big Brothers & Big Sisters, Keyp West; Monroe Association for Retarded Citizens, Key West'l; Wesley House, Key West; Armed Services YMCA, Key West; South Florida Blood Service. LEGAL: DEPARTMENT Board adopted the following -Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to approve 'and execute an Agreement for Baker Act Matching Funds by: and between the Guidance Clinic of the Middle Keys, Inc. and the Board of County Commissioners of Monroe County Florida. i RESOLUTION NO. 362-1984 See Res. Book No. 41 which is incorporated herein by reference. Board adopted the following;Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to approve ;and execute an Agreement for men- tal health care services by; and between the Guidance Clinic of the Middle Keys, Inc. an',d the Board of County Commissioners of Monroe County, Florida. i RESOLUTION NO. 363-1984 See Res. Book No. 4 which pis incorporated herein by reference. Board adopted the following -Resolution authorizing the Chairman of the Board of Co;:unty Commissioners of Monroe; County, Florida to execute 'a Sign Lease by and between IJ. Eric Hathaway, Receiver, Marathon Key Beach Club, and the County of Monroe, State of Florida. RESOLUTIO,N NO. 364-1984 See Res. Book No. 41 which 'is incorporated herein by reference. I Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe,,' County, Florida to execute �a Sign Lease by and between Edward B. Knight, d/b/a Kni°ght Realty, Inc., and the County of Monroe, State of Florida. RESOLUTION NO. 365-1984 See Res. Book No. 41 which 'is incorporated herein by reference. Board adopted the following'"IResolution authorizing the I Chairman .of the Board of County Commissioners of Monroe' County, Florida to execute.:a Lease Agreement for hangar space by and between Edward,B. Knight and the County ofl Monroe, State of Florida. ' See Res. Book No. reference. Board adopted of the Board Florida taken meeting held Proclamation i - RESOLUTIO�N NO. 366-1984 41.which +is incorporated herein by the following Resolution rescinding the action of. County Commissioners of Monroe County,! by said Board? at their regularly scheduled on November 2,'1984, authorizing issuance of recognizing "P'oppy Day" in Monroe County during the month of November, 1984. RESOLUTION NO. 367-1984 See Res. Book No. 41 which is incorporated herein by reference. Board adopted the following Resolutions concerning receipt of unanticipated funds. RESOLUTION NO. 368-1984 RESOLUTION NO. 369- 9 RESOLUTION NO. 37�984 RESOLUTION NO. 371-1984 RESOLUTION NO. 37�984 See Res. Book No. 43—which is incorporated herein by reference. Board adopted the following Resolution transferring funds for Fiscal Year 1983-1984. RESOLUTION NO. 373-1984 See Res. Book No. 41 which is incorporated herein by reference. Board adopted the following Resolution transferring funds for Fiscal Year 1984-85. RESOLUTION NO. 374-1984 See Res. Book No. 41 which is incorporated herein by reference. Board approved the Application For Concealed Weapons Permit from Russell F. Sullivan. Board adopted the following Resolution designating the week of December 9 through 15, 1984, as Drunk And Drugged Driving Awareness Week in Monroe County, Florida. RESOLUTION NO. 375-1984 See Res. Book No. 41 which is incorporated herein by reference. Board adopted the following Resolution rescinding Resolution No. 322-1984 adopted by the Board of County Commissioners of Monroe County, Florida on November 16, 1984 for the purpose of holding a Public Hearing at 10:00 A.M. on Friday, December 14, 1984 concerning the abandonment of the westerly portion of Sunset Boulevard in Snug Harbor Addition No. 1 Subdivision located in Summerland Key, Monroe County, Florida. RESOLUTION NO. 376-1984 See Res. Book No. 41 which is incorporated herein by reference. Board adopted the following Resolution resetting 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. 377-1984 See Res. Book No. 41 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe 1 1 1 BB 15.1 1 1 1 County, Florida to approve tal health care services by Care Center of the Lower Ke Commissioners of Monroe Cou nd execute an Agreement forjmen- and between the Mental Health s, Inc. and the Board of County ty, Florida. RESOLUTION NO. 378-1984- See Res. Book No..41 which `yis incorporated herein by reference. i Board adopted the following Chairman of the Board of Co County, Florida to approve Baker Act Matching Funds by Care Center of the Lower Ke Commissioners of Monroe Cou Resolution authorizing the my Commissioners of Monroe nd execute an Agreement for and between the Mental Health s, Inc. and the Board of County ty, Florida. RESOLUTION NO. 379-1984 See Res. Book No. 41 which tis incorporated herein by reference. i Board.adopted.the following Chairman of the Board of Co County, Florida acting as t Governors of Special Taxing execute an Agreement by and No. 1-A and the Stock Islan for the purpose of reimburs Resolution .authorizing the my Commissioners of Monroe e Chairman of the Board of District No. 1-A to approve and between Special Taxing District Volunteer Fire Department, Inc. ng volunteer firefighters. RESOLUTION NO. 380-1984 See Res. Book No. 4 which �is incorporated herein by reference. Board adopted the following Chairman of the Board of Co County, Florida acting as t Governors of Special Taxing execute an Agreement by and No. 1-B and the Big Coppitt for the purpose of reimburs nel. RESOLUTIO See Res. Book No. 41 which reference,. Board adopted the following Chairman of the Board of Co County, Florida acting as t Governors of Special Taxing execute an Agreement by and No..,,1-B and the Big Coppitt for�'the purpose of reimburs Resolution authorizing the inty Commissioners of Monroe ie Chairman of the Board of District No. 1-B to approve and between Special Taxing District Volunteer Fire Department, Inc. ing volunteer ambulance person- J NO. 381-1984 is incorporated herein by Resolution authorizing the my Commissioners of Monroe e Chairman of the Board of District No. 1-B to approve between Special Taxing Disti Volunteer Fire Department, ng volunteer firefighters. RESOLUTION NO. 382-1984 See Res. Book No. 4 which jis incorporated herein by reference. 9 Board adopted the following Chairman of the Board of Co County, Florida acting as t Governors of Special Taxing execute an Agreement by and No: 1-C and the Sugarloaf K Inc. for the purpose of rei Resolution authorizing the my Commissioners of Monroe e Chairman of the Board of District No. 1-C to approve between Special Taxing Dist y Volunteer Fire Department bursing volunteer firefight� RESOLUTION NO. 383-1984 See Res. Book No. 41 which I is incorporated herein by reference. and i c t nc. and •ict , r s . P ,I BB" " 152, Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida acting as the -Chairman of the Board of Governors of Special Taxing District No. 1-C to approve and execute an Agreement by and between Special Taxing District No. 1-C and the Sugarloaf Key Volunteer Fire Department, Inc. for the purpose of reimbursing volunteer ambulance per- sonnel. RESOLUTION NO. 384-1984 See Res. Book No. 41 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida acting as the Chairman of the Board of Governors of Special Taxing District No. 1-D to approve and execute an Agreement by and between Special Taxing District No. 1-D and the Big Pine Key Volunteer Fire Department, Inc. for the purpose of reimbursing volunteer firefighters. RESOLUTION NO. 385-1984 See Res. Book No. 41 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida acting as the Chairman of the Board of Governors of Special Taxing District No. 3 to approve and execute an Agreement by and between Special Taxing District No. 3 and the Conch Key Volunteer Fire Department, Inc. for the purpose of reimbursing volunteer firefighters. RESOLUTION NO. 386-1984 See Res. Book No. 41 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida acting as the Chairman of the Board of Governors of Special Taxing District No. 4-A to approve and exe-cute an Agreement by and between Special Taxing District No. 4-A and the Layton Volunteer Fire Department, Inc. RESOLUTION NO. 387-1984 See Res. Book No. 41 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida acting as the Chairman of the Board of Governors of Municipal Service Taxing or Benefit District No. 4-A to approve and execute an Agreement by and between Municipal Service Taxing or Benefit District No. 4-A and the City of Layton, Florida for use of the garage bay located in City Hall, City of Layton, Florida. RESOLUTION NO. 388-1984 See Res. Book No. 41 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida acting as the Chairman of the Board of Governors of Special Taxing District No. 4-B to approve and execute an Agreement by and between Special Taxing District No. 4-B and the Islamorada Volunteer Fire, Ambulance and 1 1 E BB .153 Rescue Corps., Inc. for the purpose of reimbursing volunteer firefighters. RESOLUTION NO. 389-1984 See Res. Book No. 41 whichfis incorporated herein by reference. Board adopted the following Resolution authorizing they Chairman of the Board of County Commissioners of Monroe County, Florida acting as the Chairman of the Board of Governors of Special Taxing District No. 4-B to approve and execute an Agreement by and between Special Taxing District No. 4-B and the Islamorada Volunteer Fire, Ambulance and Rescue Corps., Inc. RESOLUTION NO. 390-1984 See Res. Book No. 41 which',is incorporated herein by reference. I Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida acting as the Chairman of the Board of' Governors of Special Taxing, District No. 5 to approve and execute an Agreement by an between Special Taxing District No. 5 and the Tavernier Volunteer Fire Department and Ambulance Corps., Inc. forithe purpose of reimbursing volunteer firefighters. i RESOLUTIOaN NO. 391-1984 See Res. Book No. 41 which is incorporated herein by reference. Board adopted the following; Resolution authorizing thel Chairman of the Board of Co,;unty Commissioners of Monroe County, Florida acting as the Chairman of the Board of Governors of Special Taxing' District No. 5 to approve and execute an Agreement by and between Special Taxing District No. 5 and the Tavernier Vofunteer Fire Department and Ambulance Corps., Inc. for ;the purpose of reimbursing volunteer ambulance personn''el. RESOLUTION NO. 392-1984 See Res. Book No. 41 which (is incorporated herein by reference. Board adopted the following; Resolution authorizing the Chairman of the Board of County Commissioners of Monroe, County, Florida acting as the Chairman of the Board of Governors of Special Taxing;District No. 6 to approve and execute an Agreement by and,'between Special Taxing District No. 6 and the Key Largo Volunteer Fire Department, Inc.jfor the purpose of reimbursing volunteer firefighters. RESOLUTIONV NO. 393-1984 See Res. Book No. 4 which his incorporated herein by reference. Board approved the following Amendment to the Sheriff's Budget for Fiscal Year 1984,L85: Currelt Added Account Budget Allocations Budget Personal Services $4,979,376 --0 - 4,979',376 Operating Expenses 1,901.,074 - 0 - 1,901�,074 Capital Outlay 57'6,455 36,617 613,,071 Contingency 55,000 - 0 - 55,000 7,51 ,905 36,617 $7,54831522 B9_- JL54 Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to approve and execute a Radiological Emergency Preparedness Agreement by and between the State of Florida Department of Community Affairs and the County of Monroe. RESOLUTION NO. 395-1984 See Res. Book No. 41 which is incorporated herein by reference. CLERK OF THE BOARD Board approved payment of the following Fine and Forfeiture Expenditures: FINE & FORFEITURE FUNDS COURT -APPOINTED ATTORNEYS, Robert W. Leeman, Jr., in the amount of 225.00; Robert P. Duffy, in the amount of $80.00; Robert W. Leeman, Jr., in the amount of $1,142.50; E. Baxter Lemmond, in the amount of $1,662.50; John P. Rotolo, in the amount of $404.54; Joe Wolkowsky, in the amount of $400.00; Sandra L. Zimmerman, in the amount of $850.00. COURT REPORTER SERVICES Associated Court Reporting, in the amount of 747.00; Florida Keys Reporting, in the amount of $182.40; Island Reporting Service, in the amount of $40.00; Island Reporting Services, in the amount of $646.80. COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Keith R. D'Amato, Ph.D., in the amount of 450.00;.Guidance Clinic of Middle Keys, in the amount of $300.00; Guidance Clinic of the Middle Keys, in the amount of $600.00; Richard Hellman, Ph.D., in the amount of $125.00; Mental Health Care Center of the Lower Keys, in the amount of $350.00. COURT INTERPRETERS, Tana De Gamez, in the amount of $70.00; Stephen E. Moore, in the amount of $70.00. WITNESS FEES, Payroll, in the amount of $15.00; Travel, in the amount of $2,452.84. COURT COSTS, Thomas Tally Leto, in the amount of $2,359.55; Gary Weech, in the amount of $5,458.90. Board approved the following.Warrants: W A R R A N T S GENERAL REVENUE FUND, #28809-#29257, in the amount of $829,96 .08 GENERAL REVENUE FUND,.Marathon Marine Bank, #49, in the amount of 2 ,746.70. GENERAL REVENUE FUND, Great American Bank of Upper Keys, #49, in the amount of 55,158.60. GENERAL REVENUE FUND, FRS, #137, in the amount of $163,091.78—. SUPPLEMENT TO THE GENERAL REVENUE FUND, #173, in the amount of 8,879.69. 1 1 1 BB 155 FINE & FORFEITURE�FUND, #399-#400, in the amount of $159519.21. ROAD & BRIDGE FUND, #325-#326, in the amount of $242,819.T-2. j AIRPORT OPERATION;,& MAINTENANCE FUND, #257-#258, in the amount of 0,25 .74. TRANSLATOR FUND, 458, in the amount of $3,301.02. MONROE COUNTY SELF -INSURED GROUP INSURANCE FUND, #06, in the amount of-$389il8. MONROE COUNTY GROUP INSURANCE FUND, #66-#67, in the amount of 56,207.33. LAW LIBRARY FUND,4138, in the amount of $244:87. CARD SOUND BRIDGE4REVENUE FUND, #63-#64, in the amount of 28,398.55. MSD TAX DISTRICT,'Marine Bank, Marathon, #580, in the amount of-87, 3�8.33. MSD TAX DISTRICT, Florida First National Bank; Key West, #2299-F231, in the am unt of $525,840.49. WORKMENS COMPENSATION, #1241-#1266, in the amount of $14,412.72. i Board approved the following Tourist Development Council expenditures: Newman, Blitz & McConnell $ 4,593.15, Newman, Blitz & McConnell 3,930.61 Newman, Blitz & Mc!!'Connell 11,556.97 Newman, Blitz & McConnell 712.32' Newman, Blitz & McConnell 2,396.77- Newman, Blitz & McConnell 512.99I Newman, Blitz & McConnell. 2,091.15! Newman, Blitz & McConnell 941.201 Newman, Blitz & McConnell 9,452.28' Newman, Blitz & McConnell 1,250.011 Newman, Blitz & McConnell 1,273.92 Key West Boat Race Assn. 23,500.00, Southern Bell 541.17 Newman, Blitz & McConnell 2,312.15� Newman, Blitz & McConnell 1,099.50, Key West Fishing Tjournament(Photos) 384.001 Key West Fishing ournament 1,595.72 Florida Keys Keynoter 6.00' The Reporter 1 38.00 Stuart Newman Associates 1,044.08 Stuart Newman Associates 633.75 Stuart Newman Associates 5,000.00 Stuart Newman Asso'lciates 5,000.00' Vacation Store 96.00' Key West LiterarySeminar 523.85 Key West Fishing Tournament 1,918.37 Key West Players 517.16� Conch Republic Offshore Power Boat 14,166.01� Keys Advertising &; Marketing, Inc. 396.00 Keys Advertising & Marketing, Inc. 450.00 MLB Enterprises 665.19' Newman, Blitz & McConnell 51,431.73 50,030.05 Board approved the Minutes of the following meetings of the Board: October 19, November 2, November 13, November 14, November 15, November 16, November 20. Board approved the Occupational License Application of Elizabeth Mitchell (Sister Ivey) to engage in palm reading (astrology). Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Commissioner Stormont and the members of the Board discussed seawalls in general and the provisions of the County Code. Director of the Building Department, Mr. Aspinwall, was directed to make recommendations concerning standards for seawalls considering a five-foot cap to be included without being considered an accessory use. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve, subject to staff recom- mendations and conditions, a Permit Application from James D. Smith for the construction of a rip rap revetment and cantilevered dock at Lot 2, Block 3, Kahiki Harbor. Subdivision, Plantation Key, Monroe County, Florida, Zoned RU-1. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve, subject to staff recom- mendations and conditions, a Permit Application from Walter Dubowski for the construction of a rip rap and vertical seawall at Lot 46, Sugarloaf Shores, Section D Ext., Sugarloaf Key, Monroe County, Florida, Zoned RU-1. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to approve, subject to staff recom- mendations and conditions, a Permit Application from Charles Freeman for proposed fill, rip rap and seawall at Lot 1, Block 6 and Lot 205 Block"3, Key Haven 10th Addition, Raccoon Key, Monroe County, Florida, Zoned RU-1. During discussion, motion was made by Commissioner Fahrer to amend the motion to provide that the County Biologist, Dr. Doyle and the owner would establish the erosion line and that the Applicant would file a Supplemental Application which included the staff recommendations. During discussion, the motion was withdrawn. After further discussion, the amend- ment was re -offered by Commissioner Fahrer, accepted by the maker and seconder of the motion and included as part of the original motion. Roll call vote was unanimous. STAFF REPORTS Dr. Doyle discussed the Board's directive to seek a third Economic Study of the proposed Land Use Plan and Map. He introduced Dr. Thomas Hammer, who addressed the Board and presented a proposal to provide the Economic Study requested by the Board. He was requested by the Board to provide an estimate of the costs to study ways to fund the implemen- tation of the Plan. The Board also discussed the Aquatic Preserve and Outstanding Florida Waters procedures. Fred Tittle, attorney, addressed this matter. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the proposal of Dr. Thomas Hammer for the purpose of providing a third independent Economic Study of the Land Use Plan and Map, authorizing the preparation of a Contract, and authorizing the Chairman to execute said Contract. Roll call vote was unanimous. 1 LJ 1 PUBL4IC HEARINGS 4 ! A Public Hearing was held on the siting of a Hazardous Waste Storage Area in Monroe County. Proof -of publication was entered in;to the records. Motion was 'made by Commissioner Swift and seconded by Mayor Harvey to read by title only. Motion carried unanimously. Mr. Charles Johnson of Outdoor Resorts and Mr. Jim Kepley, Administrator of Sea World at Long Key, ;addressed the Board concerning the matter. Mr. Kepley referred to his statement that he 'had placed into the record at ;a prior hearing and asked that it be included here as well (Refer to Book AA, Page 072, May 4, 1984). Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to�approve the Resolution concerning the siting of a Hazardous Waste Storage Area in Monroe! County. Motion was made by Commissioner Stormont to amend the motion to include a Key Largo site. Motion was accepted by the maker and seconder "of the original motion and became part of the original motion. Roll.call vote was unanimous. i RESOLUTION NO. 396-1984 See Res. Book No. 41 which�is incorporated herein by reference. A Public Hearing was held for the purpose of deter- mining whether or not the hame of Keystone Road West located in Sugarloaf Shores shall be hereinafter named "Marlin Drive." Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to,enter the Notice Of Public Hearing into the record. Motion carried unanimously. Ms. Audrey Seney addressed the'Board and favored the re - naming of Keystone Road West in Sugarloaf Shores to be hereinafter called Marlin Drive. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to adopt the following Resolution concerning the re -naming of Keystone Road West to Marlin Drive in Sugarloaf Shores Subdivision. Roll call vote was unanimous. I RESOLUTION NO. 397-1984 See Res. Book No. 41 which'is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Ordinance No. 9-1981, as amended by OrdinancelNo. 009-1984, to provide for t1e removal of a member of the Tourist Development Councijl upon failure to attend meetings; creating an Executive Office for the Tourist Development Council; authorizing the Tourist Development Council to employ an Executive Director and necessary staff; ratifying Ordinance No. 009-1984 and,Ordinance No. 9-1981, providing for severability, and providing an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and!�seconded by Commissioner Swjift to read by title only. Motion carried unanimously. There was no public input received. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to postpone jthis Public Hearing until 11:45a.m. Motion carried unanimously. OPENJNG OF BIDS The Clerk advised the Board that he was in possession of two sealed b'lids for one new Extended Super Van for the Supervisor of Elections. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to open the bids. Motion carried unanimously. The Clerk advised the Board that he was in posse''ssion of the following bids: Duncan Ford, Lincoln-Mercury 1985 Ford 1618 Roosevelt Boulevard E250 Super Key West, Florida 33040 Van - $13,169.55 Duncan Chrysler Plymouth Dodge 1985 Dodge 1618 Roosevelt Boulevard B350 Maxi Key West, Florida 33040 Van - $12,703.05 Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to postpone this matter until- after lunch when the Supervisor of Elections could be contacted as to his desires. Motion carried unanimously. The Clerk advised the Board that he was in possession of one bid on the table and that two bids had been received in the Key West office prior to 10:00 a.m. and that the Specifications had stated that bids would be received in.the Clerk's Office up until 10:00 a.m, on December 14th for Removal Of Old Roof And Installation Of New Roofing. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift directing the Clerk to have his Deputy open the bids in Key West and also to open the bid currently on the table and report back to the Board. Motion carried unanimously. The Board discussed generally the processing of bids and requested that the Clerk and the County Attorney review the Board's processing procedure for bids. Mayor Feiner of Key Colony Beach addressed the Board and discussed the availability of State contracts on many items and stated that tremendous savings could be realized by utilizing State contracts. Motion was made by Commissioner Swift and seconded by Mayor Harvey requesting County Attorney Proby, Mr. Bob Harris of Post, Buckley, Schuh & Jernigan, and the Clerk to report back to the Board in one month concerning an alternate procedure for the opening of bids. Motion carried unanimously. ... REQUEST TO ADDRESS THE BOARD ,Mr. Fred Tittle addressed the Board and discussed the proposed Economic Study and his views concerning the impact of the Land Use Plan and Map. PUBLIC HEARINGS The Board continued the Public Hearing on a pro- posed Ordinance amending Ordinance No. 9-1981, as amended by Ordinance No. 009-1984, to provide -for the removal of a member of the Tourist Development Council upon failure to attend meetings; creating an Executive Office for the Tourist Development Council; authorizing the Tourist Development Council to employ an Executive Director and necessary staff; ratifying Ordinance No. 009-1984 and Ordinance No. 9-1981, providing for severability, and pro- viding an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to amend the proposed Ordinance by providing that 15% of the revenues would be used for administrative purposes for the first year and not to exceed 10% in any following year. During discussion, the motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to amend to provide that no more than 7% would be utilized for administrative purposes and that it would be subject to the submission of a 1 1 1 ` BB 159 1 1 1 budget to be approved by the Board of County Commissioners.. Roll call vote on the amendment was unanimous. Betty Keller was in the audience and addressed the Board concerning the Ordinance. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 031-1984 See Ord. Book No. 8 which is incorporated herein by reference. OPENING OF BIDS The Clerk advisedithe Board that he was in possession of three sealed bids for -one new 1/2 Ton Pickup Truck and one new 3/4 Ton Pickup Truck. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to open the bids. Motion carried unanimously. The Clerk advised the Board that he was in possession of the following bids:' Duncan Ford, Lincoln-Mercury 1/2 Ton Pickup- 1618 Roosevelt Boulevard $8,882.46; Key West, Florida,33040 3/4 Ton Pickup- $10,215.65 Duncan Chrysler Plymouth Dodge 1/2 Ton PiCkup- 1618 Roosevelt Boulevard $85838.00; Key West, Floridal33040 3/4 Ton Pickup- $9,780.40 Bob Chango Inc. 1/2 Ton Pickup- 3500 N. Roosevelt -Boulevard $89448.34;, Key West, Florida133040 3/4 Ton Pickup- $10,221.06 Mayor Feiner of Key ColonyjdBeach addressed the Board con- cerning State contracts available for vehicle purchases and indicated that tremendous savings could be realized byluti- lizing these contracts and:'that the City of Key ColonyiBeach had recently purchased similar trucks under State contract prices at a savings. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to refer these bids to staff and suggest that they investigate the availability of State contracts for the purchase of vehicles for this purchase and for future purchases. Roll call vote was una- nimous with Commissioner Freeman not present. 9 i STAFF REPORTS i .County Administrator Lewin discussed the meeting of January 25th and its conflict with a State planning meeting. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to cancel the meeting of January 25th. Roll call vote was taken with the following rsults: CommissionerlFahrer No Commissioner',Freeman Yes Commissioneri,Stormont No Commissioner °Swift Yes Mayor Harvey! No i Motion failed. Motion wasmade by Commissioner Fahrer and seconded by Mayor Harvey to move the meeting regularly sche- duled for January 25th to January 23rd. Roll call vote was unanimous. Mr. Lewin discussed the position of Acting Building Director and recommended to the Board that Mr. Aspinwall be made the permanent Director of the Building Department. Bill Smith of the Contractors Association also supported the appointment of Mr. Aspinwall at a salary of $39,000.00. Mr. Joe Bell addressed the Board concerning this position. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to appoint Mr. Jerry Aspinwall as the permanent Building Director at a salary of $36,500.00 per year with the ten months remaining on the probationary period, indicating that his salary would be reviewed at the end of the probationary period. Roll call vote was unani- mous. The Board recessed for lunch. The Board reconvened at 1:30 with everyone present except Commissioner Swift. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to appoint Commissioner Freeman to serve on the District #2 Board of Governors. Roll call vote was unanimous with Commissioner Swift not present. County Administrator Lewin discussed the fact that January 15, 1985 would be a national holiday to honor Martin Luther King. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to add January 15th to the list of approved holidays for the Board of County Commissioners in honor of Martin Luther King. Motion carried unanimously with Commissioner Swift not present. Mr. Lewin discussed the costs associated with pro- ducing Zoning Board Agendas. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to require a $1.00 per month fee for copies of Zoning Board Agendas. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Mr. Bob Ernst addressed the Board con- cerning the Agendas. During discussion, motion was made by Commissioner Fahrer to require a $6.00 per year fee for copies of Zoning Board Agendas. Motion was withdrawn. The Board then discussed the Schedule Of Meetings for the Board of County Commissioners for 1985. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to amend the Board's Policies and Procedures to pro- vide that the County Commission would meet one time per month, effective in February, on the second Friday of each month, with Appeals Hearings to be held on the third Wednesday of each month in City Hall at the City of Key Colony Beach. Roll call vote was taken with the following results: 1 1 i . DD d DB" 1 1 1 Commissioner,Fahrer No Commissioner Freeman Yes CommissionerdStormont No Commissioner Swift Yes Mayor Harvey, Yes Motion carried. County Administrator Lewin once again addressed the Board concerning the demand from FEMA for the repayment of $10,000.06 for claims during the Mariel Boatlift which they felt were not properly documented. Mr. Lewin advised the Board that, in his opinions the documentation was made available and that there were many other expenses associated with that event which were not claimed. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to refuse the demand from FEMA for the repayment of reimburse- ments of expenditures during the Mariel Boatlift. Roll call vote was unanimous. Mr Lewin advised the Board that he had received a note from Mr. Jerry Aspinwall declining the offer for appointment to the position of Director of Building, Planning & Zoning at a salary of $36,500.00. Motion was made by Commissioner Stormont and seconded by Commissioner Swift- to advertise the position of Director of the Building Department. Roll call vote was unanimous. The Board then addressed possible uses for the Unanticipated Funds received from the Monroe County Tax Collector. Commissioner Si;ift discussed the following items: Improvements to Key West Airport $50500000 Improvements to Marathon Airport $309000.00 Recreation Facilities on Big Pine Key 1 $505000.00 Recreational Property at The Rock in Marathon $159000.00 Management Study of County $30,000.00 Repair of Roof at�Key West Courthouse $309000.00 Storage of Records $159000.00 Emergency Generating Equipment at Jackson Square Complex in Key West ; $70,000.00 Lighting of Hurricane Memorial Monument in Islamorada $ 19000:00 Other items discussed were construction of an Animal Shelter, lighting at Harry;Harris Park, and the Hibiscus Park Playground area. Motion was made by Commissioner: Fahrer and seconded by Mayor Harvey to allot funding for Emergency Generating Equipment at Jackson Square Complex in Key West; the Roof Repairs:at the Main Courthouse in Key West; lighting of the Hurricane Memorial Monument; $15,000.00 for seed money for possible grants for recreation areas at The Rock and Hibiscus Park. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to allocate $50,000.00 for a Management Study of the County. During discussion, motion was made by Commissioner Swift to amend to provide for. $30,000.00 for that purpose. The amendment was accepted by the maker and seconder by the motion and became part of the original motion. Roll cal -I vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to allocate $30,000.00 for the Animal Shelter in Key West; $40,000.00 for Big Pine Key Recreation Facilities; $20,000.00 for Marathon Airport Improvements; and $39,000.00 for Key West Airport Improvements. Roll call vote was una- nimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman directing the County Administrator to write a letter to the Mayor and City Council of Key Colony Beach extending appreciation of the County for their allowing the County to use City Hall for Appeal Hearings. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to approve the Fee Agreement with Kemp & Rosasco, Certified Public Accountants, regarding the examination of financial statements for the Community Service Block Grant for the period April 1 - September 30, 1984, and authorize the Chairman to execute the same. Motion carried unanimously. COUNTY ADMINISTRATOR Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Arthur A. Puchetti to construct a 504 square foot addition to an existing trailer which is 624 square feet (the existing trailer is ground level) at Lot 18, Block 3, Lida Subdivision, 1st Addition, Marathon. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve the Application for Variance to the Flood Hazard Ordinance of John and June Ferguson 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 Sherrill Park. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve the Application for Variance to the Flood Hazard Ordinance of Francisco C. Espinosa to enclose a 12 x 19 space under existing residence on the ground floor (enclosure would be of 8" CBS "Break -away" construction; there is an existing enclosure of approximately 90 square feet) at Lot 170, Port Antigua, Plat No. 3, Part 4, West Plaza del Sol, Lower Matecumbe Key. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No Motion carried. The Board then discussed. the Application for Variance to the Flood Hazard Ordinance of Carlos and Rosa M. de la Torre to construct a "Break -away" storage room of less than 300 square feet under an elevated mobile home at Lot 3, Sunset Acres, Seagull, Tavernier. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to reconsider the Application for Variance to the Flood Hazard Ordinance of Francisco C. Espinosa. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to [ _1 �J 1 BB. -163 1 1 1 deny the Application for Variance to the Flood Hazard Ordinance of Francisco C. Espinosa. Roll call vote was una- nimous. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to deny the Application for Variance to the Flood Hazard Ordinance of Carlos and Rosa M. de la Torre. Roll call vote was unanimous. AWARDING OF BIDS The Clerk then advised the Board that he had discussed the bids received for one new Extended Super Van for the Supervisor of Elections with the Assistant Supervisor and he requested the Board to award the low bid subject to the approval of:the Supervisor of Elections. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to approve the low bid to Duncan Chrysler Plymouth Dodge for one new'Extended Super Van for the Supervisor of Elections in;the amount of $12,703.05 pending the recommendation and approval by the Supervisor of Elections. Roll call vote�was taken with the following results: Commissioner' Fahrer No Commissioner�Freeman Yes Commissioner?;Stormont Yes Commissioner; Swift Yes Mayor Harvey] Yes Motion carried. DISTRICT 2 .BOARD OF GOVERNORS A special meeting�of the Board of Governors, District 2, convened on the above date. Present and answering to roll call werae Commissioner Alison Fahrer, Mayor Samuel Feiner, Commissioner William Freeman, Commissioner Ian Wright, and Mayor Wilhelmina Harvey. Also present were Danny L. Kolh,;age, Clerk; Kermit Lewin, County Administrator; Lucien Probiy, County Attorney; James Matthews, Finance Directors; members of the Press and Radio; and the general public. All stood for the -Invocation and Pledge of Allegiance to the Flag. Mr. Reggie Paros ;addressed the Board concerning the request for a Referendum Election by the Marathon Fire and Rescue Department and his ;recommendations and alternatives concerning the existing 19176 Ford Water Tank Truck. Motion was made by Commissioner Wright and seconded by Commissioner Fahrer to approve Alternate #4 as set out below: "3. Replace existing 1976 Ford LNT 800 chassis with new 1985 Ford LNT 8000 chassis. "This includes a CAT,3208, 225 H.P. diesel engine, Allison automatic transmission, and heavier front axle, resulting in more power, bjetter braking performance, increased load capacity, and extended vehicle life. "Estimated cost, new!1chassis and removal of apparatus body from existing chassis' and remounting onto new chassis, parts and labor - $60,000.;00. "Cost to taxpayer in District #2 for one year is approximately .1260 cents per $1,000.00 of assessed value of real property. "The 1976 chassis could be used as a trade-in or sold. The value of this chassis at present is between $6,200.00 and $8,300.00 retail according to Ford. They also indicated that there may not be much market demand for this type used chassis, because most users of this type chassis custom order their chassis built to their specific requirements. "4. Same as Alternative 3, with the exception that instead of using the 1976 chassis as a trade-in or selling it, a new and smaller water tank, apparatus body and mid - ship pump could be mounted onto it. This would result in the folowing: "It would provide a second tanker in District 2. "It could be stationed and serve the south end of Marathon. "It could reduce the amount of use of a 22-year-old 1962 Ford Pumper that presently serves the south end of town and ultimately replace the 1962 Ford Pumper when it becomes unreliable. "It would increase the overall on -board water capacity and pumping capacity of the Marathon Department. "Reduced weight of the smaller tanker body and pump could be safely and adequately powered by the existing chassis. "Based on the retail value of the existing chassis as quoted by Ford and the money recently invested in this chassis for painting, refurbishing, tires, etc., it appears that keeping and using the chassis for the construction of a smaller tanker would be more cost effective. The 1962 Ford Pumper that presently serves the south end of Marathon will have to be taken off of front line service within a few years. This proposed smaller tanker would be its replace- ment and prevent the need for another special referendum in order to purchase a new replacement pumper. "The estimated cost to accomplish Alternative 4 is as follows: "Replace existing 1976 Ford LNT 800 chassis with new 1985 Ford LNT 8000 chassis, includes purchasing new chassis, removal of 2,000 gallon tanker body from old chassis and mounting onto new chassis, and all related work, parts and labor ----------------------------------------$ 60,000.00 "Constrution of new 1500 gallon tanker body, purchasing new mid -ship pump, and mounting both onto 1976 chassis, and all related work, parts and labor ------------$ 60,000.00 Estimated total cost $120,000.00 "Cost to taxpayer in District #2 for one year is approximately .2520 cents per $1,000.00 of assessed value of real property." Roll call vote was taken with the following results: 1 1 1 1 1 Commissioner Mayor Feiner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Yes Freeman No Wright Yes Yes Motion was made by', Commissioner Fahrer and seconded by Mayor Feiner to adopt the following Resolution authorizing the Chairman of the Board of Governors of Municipal Service Taxing District No. 2 to approve and exe- cute an Agreement by and between Municipal Service Taxing District No. 2 and Fishermen's Hospital, Inc. for the pur- pose of operatng an advance life support ambulance service from the Hospital premisesito service the area generally described as being between�Little Duck Key, approximate Mile Marker 39, and Long Key Bridge, approximate Mile Marker 66, including the City of Key Colony Beach. RESOLUTION NO. 398-1984 See Res. Book No. 4 which!is incorporated herein by reference. a 9 Roll call vote was taken with the following results: Commissioner Fahrer Yes Mayor FeinerYes Commissioner Freeman Yes Mayor Harvey, Yes Motion carried with Commissioner Wright abstaining because he is on the Board of Directors of Fishermen's Hospital. Motion was made by Commissioner Fahrer and seconded by Commissioner Wright autf�orizing the Chairman of the Board of Governors of Municipal Service Taxing District -No. 2 to approve and execute an Agreement by and between Municipal Service Taxing District No) 2 and Marathon Volunteer Fire and Rescue, Inc. for the purpose of reimbursing volunteer firefighters. Roll call vote was unanimous. RESOLUTION NO. 399-1984 See Res. Book No. 4 whichlis incorporated herein by reference. fl The District 2 Board of Governors Meeting adjourned. The meeting of the Board of County Commissioners reconvened. OPENING OF BIDS The Clerk advised1the Board that he was in possession of three bids for the Removal Of Old Roof And Installation Of New Roofing on Courthouse Annex in Key,West as follows: Tony's Sheet Meta] & Roofing $24,800.00 Post Office Box 602 Key West, Florida133040 Boca ConstructionlCorp. $23,680:00 Post Office Box 1087 Key West, Florida,33041 Butler Corp. 2234 Old Tampa Road Lakeland, Florida 33801 $709200.00 Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to refer to staff for a report back at the next meeting. Motion carried unanimously. 'STAFF REPORTS Mr. Charles Aguero discussed the request for a refund of disposal fees in the amount of $5,853.21 to Ocean Reef Club, Inc. as the same had been collected twice. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the refund of $5,853.21 to Ocean Reef Club, Inc. for disposal fees that had been collected twice. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to authorize the Payroll Department to withhold the first three days' pay for new employees of the Municipal Service District. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County,.Florida to approve and exe- cute an Agreement for alcoholism rehabilitation program ser- vices by and between the Monroe Alcoholism Rehabilitation Center and the Board of County Commissioners of Monroe County, Florida at the same level of funding as the previous year. Motion carried unanimously. RESOLUTION NO. 400-1984 See Res. Book No. 4 which is incorporated herein by reference. Mr. Bob Harris of Post, Buckley, Schuh & Jernigan, Inc. discussed the work done concerning the new Criminal Justice Facilities Sales Tax and asked for a meeting of the Jail Committee to discuss the progress to date. Mayor Harvey called for a Jail Committee meeting on December 27th at 2:00 p.m. in Key West at the Board's Conference Room on Fleming Street. The Board then discussed the additional money anticipated to be received from the tax and the revised estimate. Motion was made by.Commissioner Fahrer and seconded by Commissioner Stormont to commit the addi- tional monies to the first phase of a judicial building on the USO property. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and -seconded by Commissioner Stormont to adopt the following Resolution of the Board of County Commissioners of Monroe County, Florida relating to the Criminal Justice Facilities Sales Tax, as amended for the additional funding and its use and also, correcting a scrivenor's error to reflect the collection of the tax for six months instead of one year. RESOLUTION NO. 401-1984 See Res. Book No. 4 which is incorporated herein by reference. GENERAL REPORTS Motion was made by Commissioner,Stormont and seconded by Commissioner Fahrer to approve the waiver of a 1 1 1 1 1 1 Building Permit Fee paid b�, Big Pine Key Baptist Church, in the amount of $288.00. During discussion, Commissioner Stormont requested that the County Commission require I'RS proof of Tax Exempt Status and then proceed to allow one- half fee. Roll call vote do the original motion was taken with the following results: Commissioner Fahrer No Commissioner,Freeman No Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion failed. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont toy prepare an Ordinance which will address the waiving of fees;. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to deny the Application for Variance to the Flood Haza"rd Ordinance of Edward Plesal to approve an after -the -fact vlariance application for an accessory building constructed without an approved plan nor inspections on Lot 3, Blockj S, Part B-Master Plat of North Marathon Shores, Harbor Drilve, Marathon. Roll call vote was unanimous. The Board discussead the meeting scheduled for, December 28, 1984. Motion was made by Commissioner Freeman and seconded by Commissione;'r Swift to cancel the meeting scheduled for December 28, '1984. Motion carried unani-' mously. BOARD; OF APPEALS The Board of Count Commissioners sat as the Board of Appeals. Present were Commissioners Fahrer, Freeman, Stormont and Swift, and Mayor Harvey. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; Dr. Jeffrey Doyle, Director of Planning; members of the Press and Radio; and the general public. Susan Vernon, attorney representing Robert and Carrie Singer, addressed thie Board concerning T.I.I., Inc.'s request for a modification nor rescission, pursuant to Section 10, Chapter 61-2503;, Laws of Florida, as to the decision rendered on July 2'7, 1984 by the Board of County Commissioners sitting as an, Appeals Board, in denying the request of T.I.I., Inc. for; construction of a pier 400' x 5' x 30' "L" on Lot!1, Sawyers Key, and located iin Sections 27 and 28, Township 65 South, Range 27 East. 'After discussion, motion was madel by Commissioner Swift and seconded by Commissioner Freeman to adopt the following Resolution reversing the de;lcision of the Board of County Commissioners of Monroe Cou'Inty, Florida, sitting as the Board of Appeals, without prejudice, and approving the request of T.I.I., Inc. to 'reverse the decision of the Board of County Commissioners of Monroe County, Florida denying the request of T.I.I., Inc. to construct a pier 400' x 5' with a 5' x 30' "L" on Lot 1, Sawyers Key. Roll call vote was unanimous. RESOLUTI61N NO. 402-1984 See Res. Book No. 4 whichiis incorporated herein by reference. W P 9 - ' ''�' Motion was made by Commissioner Swift, pursuant to the request of Attorney Fred Tittle, to continue until February 20th Dr. and Mrs. Roger Sorg's request for a modi- fication or rescission, pursuant to Section 10, Chapter 61-2503, Laws of Florida, as to the decision rendered on September 21, 1984, by the Board of County Commissioners sitting as an Appeals Board, regarding Palm Island, as recorded in Plat Book 3, Page 40, and located in Section 9, Township 66 South, Range 32 East, Marathon, Present zoning RU-1 and BU-2, proposed zoning RU-3. During discussion, motion was withdrawn. Attorney Jim Hendrick addressed the Board concerning the request. Motion was made by Commissioner Swift to grant a re -hearing and set it for February 20, 1985. During discussion, motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to continue to the meeting scheduled for February 20, 1985. Roll call vote was unanimous. Vincent Drost, attorney representing Joseph L. Cates, Jr., addressed the Board concerning Mr. Cates' request for the Board of County Commissioners to reverse the decision rendered by the Monroe County Zoning Board on August 31, 1984, in approving a change of zoning from GU to BU-2R, on a tract of land in a Part of Government Lot 2, Section 29, Township 66 South, Range 28 East, Cudjoe Key. Mr. Drost presented a letter authorizing him to represent Mr. Cates due to a death in his family. Mr. Scott Fortune, attorney representing Mr. Hamilton, addressed the Board con- cerning the Appeal. Mrs. Joel Beardsley, as a party to the original hearing, was allowed by the Chairman to address the Board concerning the Appeal as President of Sacarma Bay Property Owners Association. Mr. Fortune objected to the testimony of Mrs. Beardsley since he was not allowed to rebut any of her statements. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to approve a Resolution reversing the decision of the Zoning Board of Monroe County, Florida and granting the Appeal. During discussion, the motion was withdrawn. Commissioner Stormont brought to the Board's attention the.fact that he sat as a member of the Zoning Board and voted on this mat- ter; however, he felt that this should not prevent him from voting on this issue. County Attorney Proby advised the Board that, in his opinion, Commissioner Stormont should not vote on the issue before the Board since it was a matter which was subsequently ruled on by him at the Zoning Board level. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to adopt the following Resolution reversing the decision of the Zoning Board of Monroe County, Florida, without prejudice, and approving the request of Joseph L. Cates, Jr. to reverse the decision of the Zoning Board of Monroe County, Florida approving the request of Henry B. Hamilton for a change of zoning from GU-2 to BU-2R, on the basis of the lack of need and justification and the preser- vation of hammock areas in the major development con- siderations. RESOLUTION NO. 403-1984 See Res. Book No. 41 which is incorporated herein by reference. ' Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Swift Yes Mayor Harvey Yes 1 E BB 169 1 1 Motion carried with Commissioner Stormont abstaining. j PUBLIC HEARINGS A Public Hearing w,as held on a proposed Ordinance pertaining to the replacement and substitution of currently existing mobile homes by the owners thereof with newer or new mobile homes in certain specified zoning districts; pro- viding for a procedure for obtaining replacement permits through the Monroe County Zoning Department and the Zoning Board after Public Hearing; providing criteria governing the issuance of replacement permits; providing that replacement permits shall not be issued;in certain specified zoning districts; providing for an'appeals procedure concerning the granting or denial of such replacement permits by the Monroe County Board of County Commiissioners; providing for severa- bility; providing that all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed; providing for inclusion in the Monroe County Code of ordinances; and pro- viding for an effective date. Proof of publication was entered into the records. 'Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to read by title onlly. Motion carried unanimously.'] Ms. Mary Lin Johnson addressed the Board concerning the proposed Ordinance. Motion was made by Commissioner Swift !'and seconded by Commissioner Freeman to strike the Ordinilance, discontinue the advertised Public Hearings, and refer ;,the matter to a workshop session. Motion was made by Commissioner Stormont to allow Mayor Harvey to discuss a new proposed Ordinance. Amendment was accepted by the maker and seconder of the original motion and became part of the original motion. Motion carried una- nimously. Mayor Harvey then discussed a new proposed Ordinance and proceeded to ;allow the following individuals to address the Board to express their opinions on the sub- ject matter of the Ordinance: Roger Vaillancourt, Kathy Sheehan Stone, Robert Sawyer, Jim Noone, Marieta Capps, Clifford Wilson, Maggie Culbreath, Pearl Sinclair, Boyd Hamilton, Arthur Alexander,,George Denherder, John Newberry. Following public input, the';Mayor called for a workshop. session on this proposed Ordinance to be held on February 20th at City Hall in Key Colony Beach at 3:00 p.m. A Public Hearing w'as then held on a proposed Ordinance amending Ordinanc°e No. 1-1973, Article X, as amended, codified as Section 19-218 of the Monroe County Code of Ordinances and entitled "Alcoholic Beverages" by repealing and deleting Sect?ions (a), (b), (c), (d) and (e) thereof, and substituting therefor new and rewritten sec- tions; providing for a statement of purpose; providing for the creation of Alcoholic Beverage Use Permits to be used upon the authority of the Monroe County Zoning Board after due notice to affected property owners within five hundred feet (500') of the applicant's premises and public notice by publication not less than thirty (30) days prior to public hearing thereon; providing for Alcoholic Beverage Use Permit classifications corresponding to those Alcoholic Beverage License classifications as heretofore and hereafter adopted by the State of Florida; providing for standards for the issuance of such Alcoholic Beverage Use Permits to be addressed and considered by'the Zoning Board prior to appro- val or disapproval at the Public Hearing of applications for such Permit; providing for prohibition of the issuance of such Permits except in certain enumerated zoning districts; providing for transferability of such Permits and alienation thereof as privileges running with the land; providing 'for issuance of such Permits upon reasonable conditions deemed necessary by the Zoning Board to protect the health, safety L: i and welfare of the affected neighboring property owners and the public generally; providing for appellate procedure for aggrieved persons; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of such conflict; providing for severability; providing for inclusion in the Monroe County Code of Ordinances; and pro- viding for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to read by title only. Motion carried unanimously. Mr. Jim Noone of Marathon addressed the Board concerning the proposed Ordinance. The Board discussed striking the following Sections of the proposed Ordinance: Under Section 2(e): Items (1), (2), and (4); the word "morals" from Item (7); the word "morals" found anywhere in the text. The County Attorney was requested to make the necessary changes to the proposed Ordinance. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to continue until the next scheduled Public Hearing. Motion carried unanimously. A Public Hearing was then held on a proposed Ordinance amending Ordinance No. 1-1973, as amended, codified as Chapter 19 of the Monroe County Code of Ordinances, by creating, designating and describing a new Zoning District to be known as "Institutional Districts" and providing for Hospital Districts within said designation; providing a statement of intent for the creation of Hospital Zoning Districts; providing for locational requirements, principal and accessory permitted uses, uses permitted upon special approval and certain prohibited uses; providing for lot size, area setback and building requirements in said Hospital Zoning Districts as well as lot coverage percen- tages and height requirements; providing for hospital room, floor space, food preparation and density requirements; pro- viding for parking facilities and for appropriate signs; providing for the repeal of Section 19-216(a)(8) to the extent said....Section conflicts with this Ordinance as to the proper Zoning District in which hospitals may exist and do business as described in this Ordinance; providing for inclusion of this Ordinance in the Monroe County Code of Ordinances as Article XV, Section 19-400 of said Code; pro- viding for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith to the extent of any such conflict and providing for an effec- tive date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to read by title only. Motion carried unanimously. Mr. Harley Alrick, Administrator of Fishermen's Hospital, addressed the Board concerning the proposed Ordinance. There was no further public input. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to continue to the next scheduled Public Hearing. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance related to streets and highways and public right-of-way use permitting matters connected therewith; amending and revising the Title and Preamble of Monroe County Ordinance No. 19-1983, and Sections 16-18, 16-19, 16-20 and 16-21 Monroe County Code, to conform to subsequent enactments; creating Section 16.21.1, Monroe County Code, relating to special provisions and general permits for public or private utilities; amending and revising Sections 16-22, 16-23, 16-24, and 16-25, Monroe County Code, to permit application procedures, insurance and bonding requirements, general pro- visions and access driveway provisions; amending and revising Sections 16-27, 16-28, and 16-29, Monroe County 1 1 BB 171 1 1 Code, providing for reduced permit application fees, pro- viding for notice of conflicts to permittees and to conform to subsequent enactments; amending and revising Sections 16-31 and 16-32, Monroe County Code, providing for time limits and restoration and'penalty; readopting Section 22, Monroe County Ordinance No. 19-1983; providing for an effec- tive date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to read by title only. George Hoffman of Florida Keys Aqueduct Authority supported the Ordinance. Edmund Grant of the Florida Keys Electric Co-op supported the Ordinance. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to continue to the next scheduled Public Hearing. Motion; carried unanimously. A Public Hearing was then held on a proposed Ordinance amending Ordinance No. 20-1980, codified as Section 19-154 of Article VI of Chapter 19 of the Monroe County Code of Ordinances and titled "Lobster Traps, Crab Traps, Fish Traps and Fish,Nets;" providing for a temporary suspension of the legal effect of Subsection "B" of said Ordinance and the uses and -activities permitted under said Subsection "B" in RU-1, RU-5, and RU-5P Zoning Districts for a period of two (2) years commencing April 29, 1983; pro- viding for ratification by 'the Board of County Commissioners of the actions taken by said Board of County Commissioners on April 29, 1983 imposingia moratorium on the effectiveness of said Subsection "B" foroa period of two (2) years by motion and unanimous approval dated said date; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of any such conflict; providing for inclusion of this Ordinance in the Monroe County Code of Ordinances; and pro- viding for an effective date. Proof of publication was entered into the records. ,;Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to read by title only. Motion carried unanimously' Charles Mohrbacher, Bill Moore of the Organized Fishermen�of Florida, John Dutton, Grace Mannilo and Bob Ernst addressed the Board concerning the proposed Ordinance. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to continue to the next sche- duled Public Hearing and requesting County Attorney Proby, Mr, Ernie Young and Mr. Bill Moore to work on the necessary changes to the Ordinance. Motion carried unanimously.' Mr. James Pritchard was in the audience and opposed the current Ordinance. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Fahrer discussed the scheduled Budget Review meeting and indicated that she was calling the first Budget Review session for January 22nd. No action. Commissioner Fahrer discussed the Parks Board and requested that the Commissioners have their appointments ready for the next meeting: Commissioner Fahrer advised the -Board that she would be working with an Ad Hoc Committee to review the County's pay plan and merit pay system. Commissioner Zoning Board decisions Commission be thinking Commissioner Fahrer discussed problems concerning on density and asked that the County abodt these matters. Stormont addressed the Commission and BB_ 172 advised them that he was involved in putting together an Oversight Committee on the Building Department. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve travel for any Commissioners on January 16th to Miami for a Wetlands Meeting and February 14-16 in Tampa for the Paradise Recaptured Meeting. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve Commissioner Fahrer's travel to the Habitat Committee Meeting in Miami on December 12, 1984. Motion carried unanimously. Commissioner Swift briefly discussed the proposed revised Flood Ordinance which the Board had been advised was being prepared by DCA under a Grant Agreement. He requested that the County Administrator determine the progress of that Ordinance. Commissioner Swift asked that a Workshop Meeting be called with the County Commission and the Code Enforcement Board. Mayor Harvey called for a Workshop Meeting with the Board of County Commissioners and the Code Enforcement Board on February 20th at 2:00 p.m. at City Hall in Key Colony Beach. Commissioner Fahrer discussed an appointment to the Zoning Board. Commissioner Fahrer nominated Charles Howell for one meeting of the Zoning Board in December. The Board acknowledged that nomination by unanimous consent. Commissioner Fahrer briefly discussed a proposed Ordinance on the Capital Improvements Committee. No action. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey calling for Public Hearings on December 28th and January 3rd in Key West at 2:00 p.m. for the purpose .of the Small Cities Program funding and adopting the following Resolution creating an Advisory Committee for the purpose of aiding the Grant Writer for Monroe County in securing grants for depressed and/or areas in need of new construction or renovation. Motion carried unanimously. RESOLUTION NO. 404-1984 See Res. Book No. 41 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to grant an additional six months' extension to Arthur Mannes in reference to the Board's pre- vious action allowing the placement of seventeen trailers in the Mannes Trailer Park on Stock Island including the requirement for all necessary State and'Federal permits to be obtained. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to appoint the following to the HRS Health Committee: Purchaser - Howard B. Cole; Consumer - Paula C. Morrow. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to appoint George Avery as a Provider to the HRS Health Committee. Motion carried unanimously. UNFINISHED BUSINESS Motion was made by Commissioner Swift to postpone d 1 1 ti BB � _173 fl 1 1 11 1 consideration of a Lease between Air Cargo America and the County of Monroe. During discussion, the motion was withdrawn. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to; adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Lease by and between Air Cargo America and the County of Monroe, State of Florida in connection with the use of the Key West International Airport facility. Motion carried unanimously. RESOLUTION NO. 405-1984 See Res. Book No. 41 which'is incorporated herein by reference. Motion was made by Commisioner Swift and seconded by Commissioner Fahrer to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to approve and exe- cute an Agreement by and between the State of Florida Department of Health and Rehabilitative Services and the Monroe County Board of County Commissioners for service of process under the Child Support Enforcement Program. Motion carried unanimously. RESOLUTION NO. 406-1984 See Res. Book No. 4 whichjis incorporated herein by reference. d There being no further business, the meeting was adjourned.