02/07/1986 RegularEE JL90
Regular Meeting
Board of County Commissioners
Friday, February 7, 1986
Key West
A Regular Meeting of the Board of County
Commissioners convened on the above date in Courtroom B at
the Key West Courthouse. Present and answering to roll call
were Commissioner Alison Fahrer, Commissioner William
Freeman, Commissioner John Stormont, Commissioner Ed Swift,
and Mayor Wilhelmina Harvey. Also present were Danny L.
Kolhage, Clerk; Kermit Lewin, County Administrator; Lucien
Proby, County Attorney; Department Heads; County Staff; mem-
bers of the Press and Radio; and the general public.
All stood for the Invocation and the Pledge of
Allegiance to the Flag.
Judge Fowler addressed the Board concerning a
report on the Integrated Court Information System. Motion
was made by Commissioner Swift and seconded by Commissioner
Fahrer to add this item to the Agenda. Motion carried una-
nimously. Following the report by Judge Fowler, motion was
made by Commissioner Stormont and seconded by Commissioner
Fahrer to approve the Master Plan of D & H Management
Concepts, P.A. for the Integrated Automated Justice
Information System; to allocate $40,000.00 out of the
current 1985-1986 Budget; and committing the balance of
$110,000.00 in the next fiscal year pending approval of
State and Federal grant funds. Roll call vote was unani-
mous.
Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to approve the following
items by unanimous consent:
BULK APPROVALS
Board approved the following Warrants:
W A R R A N T S
GENERAL REVENUE FUND, #46636-#47149, in the amount
of $1,193,844.37.
SUPPLEMENT TO GENERAL REVENUE FUND, #209, in the
amount of 27,692.31
FINE & FORFEITURE FUND, #470-#472, in the amount of
$29,988.22.
AIRPORT OPERATION & MAINTENANCE FUND, #336-#337, in
the amount of 24,080.2 .
ROAD & BRIDGE FUND, #387-#388, in the amount of
$51,194.50.
MSD TAX DISTRICT, #320-#321, in the amount of
$43,117.96.
MSD, Marine Bank, Marathon, #740, in the amount of
$60,473.14.
MSD, Pledged Funds, #53, in the amount of
$600,000.00.
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LAW LIBRARY FUND, #164, in the amount of $135.00.
CAPITAL PROJECTS FUND, #123-#126, in the amount of
$10,102.57.
MONROE COUNTY GROUP -INSURANCE, #11741181, in the
amount of 100,988.52.
CARD SOUND BRIDGE FUND, #1134114, in the amount of
$489290.82.
WORKMENS COMPENSATION, #1766-#1781, in the amount
of $8,892.04.
TOURIST DEVELOPMENT COUNCIL, #222-#227, in the
amount of 24,518.12.
TRANSLATOR FUND, #95, in the amount of $2,057.05.
CROSS KEY WATERWAY, #27, in the amount of $100.87.
#715 MARINERS HOSPITAL, #02, in the amount of
$1,012.32.
#716 PLANNING, ZONING, CODE ENFORCEMENT, #05, in
the amount of 63,074.20.
Board approved payment of the following Fine and Forfeiture
Expenditures:
FINE & FOREFEITURE EXPENDITURES
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard
Hellmann, Ph.D., in the amount of 250.00; Dr. Jack
Mihalovich, in the amount of $375.00; Tanju T. Mishara,
Ph.D., in the amount of $150.00; Jerrold J. Weinstock, M.D.,
in the amount of $1,125.00.
COURT -APPOINTED ATTORNEYS, Raymond 0. Bodiford, in
the amount of 3,237.50; William Kuypers, in the amount of
$37.50.
OTHER EXPENSES, Louis J. Spallone, Clerk, in the
amount of 600.00.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of 79.00; Florida Keys Reporting,
in the amount of $167.70; Helen L. Hardy and Associates,
Inc., in the amount of $150.40; Leavitt & Finstein Reporting
Service, in the.amount of $143.75.
COURT INTERPRETER SERVICES, Associated Court
Reporters, in the amount of 270.70; Juli Barish, in the
amount of $25.00; Jerome Grapel, in the amount of $25.00;
Manuel J. Marcial, in the amount of $50.00.
EXPERT WITNESS FEES, Havlor Franco, P.A., in the
amount of T100.00; Faye Francy, in the amount of $150.00.
WITNESS PAYROLL, Regular Witness Fees, in the
amount of 135.00; Auto Allowance and Travel, in the amount
of $2,321.88.
Board approved Monroe County Tourist Development Council
Expenditures in the total amount of $79,377.02.
Board approved, per staff recommendations, the Application
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for Variance to the Flood Hazard Ordinance of Wilson M. Bane
for the enclosure of stairway of 200 square feet below the
single-family residence below the 100-Year Flood Elevation
on Lot 15, Plat #3, Whispering Pines, Pine Lane, Big Pine
Key; Zoned RU-1; Coastal Flood Zone V-12.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Coco Plum
Beach Ltd. Partnership for the placement of an elevator
below the 100-Year Flood Elevation on Lots 16, 17, 18, Block
21, Coco Plum Beach, Coco Plum Drive, Fat Deer Key -Marathon;
Zoned RU-3; Coastal Flood Zone V-17.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Leon and Ruth
Hetherington to enclose 248 square feet below the 100-Year
Flood Elevation for storage only, break -away construction,
at Lot 7, Block 7, Jolly Roger Estates, John Silver, Little
Torch Key; Zoned RU-1; Coastal Flood Zone V-12.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Richard S.
Justice to construct a proposed marine -oriented business
below the 100-Year Flood Elevation on Lots 8 and 9, Block
18, Plantation Key Colony, 1st Addition, Overseas Highway,
MM 90.4, Plantation Key; Lot 8 zoned BU-2 and Lot 9 zoned
BU-1; Coastal Flood Zone V-13.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Daniel
Schofield for the placement of a mobile home below the
100-Year Flood Elevation and contiguous to the surrounding
mobile homes which are not elevated to the base flood eleva-
tion on Lot 33, Bermuda Shores, Garden State Lane (Michael
Drive), Key Largo; Zoned RU-5; Coastal Flood Zone V-16.
Board adopted the following Resolutions concerning receipt
of unanticipated funds for Fiscal Year 1984-1985.
RESOLUTION NO. 031-1986
RESOLUTION NO. 032-1986
See Res. Book No. 48 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning receipt
of unanticipated funds for Fiscal Year 1985-1986.
RESOLUTION NO. 033-1986
RESOLUTION NO. 03�86
RESOLUTION NO. 035-1986
See Res. Book No. 48 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds
for Fiscal Year 1984-1985.
RESOLUTION NO. 036-1986
See Res. Book No. 48 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds
for Fiscal Year 1985-1986.
RESOLUTION NO. 037-1986
See Res. Book No. 48 which is incorporated herein by
reference.
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Board authorized the Mayor and Chairman of the Board to
approve and execute an Agreement by and between the Board of
County Commissioners and Food Service Management Systems of
Florida concerning the Older Americans Act Title III-C,
Nutrition Program.
Board authorized the Mayor and Chairman of the Board to
approve and execute an Agreement by and between the Board of
County Commissioners and Fishermen's Hospital, Inc. con-
cerning the Older Americans Act Title III-C, Nutrition
Program.
Board authorized the Mayor and Chairman of the Board to
approve and execute an Agreement by and between the Board of
County Commissioners and Keys Hospital Foundation, Inc.
d/b/a Mariners Hospital concerning the Older Americans Act
Title III-C, Nutrition Program.
ITEMS FOR STAFF COMMENT
Airport
Board adopted the following Resolution approving and
authorizing execution of an Airport Agreement by and between
the County of Monroe, Florida and Air Taxi Charter, Ltd.
(ATC).
RESOLUTION NO. 038-1986
See Res. Book No. 48 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board of County Commissioners of Monroe
County to execute a Sign Lease by and between the County of
Monroe, State of Florida and Edward B. Knight d/b/a Knight
Realty, Inc.
RESOLUTION NO. 039-1986
See Res. Book No. 48 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board of County Commissioners of Monroe
County to execute a Sign Lease by and between the County of
Monroe, State of Florida and The Hertz Corporation.
RESOLUTION NO. 040-1986
See Res. Book No. 48 which is incorporated herein by
reference.
Building, Planning & Zoning
Board adopted, per staff recommendations and conditions, the
following Resolution, incorporating a Biological Assessment,
concerning the application from Robert C. Krieter to provide
boat mooring facilities for the future residents of a
planned multi -family development on Tract 4, Sections 32 and
33, Township 61S, Range 39E, Key Largo, zoned BU-1.
RESOLUTION NO. 041-1986
See Res. Book No. 48 which is incorporated herein by
reference.
PartnnnPl
Board adopted the following Resolution requesting that
insurance companies operating in the State of Florida be
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required to provide liability insurance to businesses con-
sistent with minimum insurance requirments imposed by the
State.
RESOLUTION NO. 042-1986
See Res. Book No. 8 which is incorporated herein by
reference.
Emergency Services
Board adopted the following Resolution approving and
authorizing execution of an Agreement by and between the
City of Key West, Florida and the Board of County
Commissioners of Monroe County, Florida providing for ambu-
lance service for MSTD 1-A.
RESOLUTION NO. 043-1986
See Res. Book No. Bch is incorporated herein by
reference.
Social Services
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board of County Commissioners of Monroe
County to execute a Business Lease by and between The School
Board of Monroe County and Monroe County for the purpose of
leasing two rooms at Douglass School to be used for the
Senior Citizens Nutrition Program.
RESOLUTION NO. 044-1986
See Res. Book No. 48 which is incorporated herein by
reference.
COUNTY ATTORNEY
Board adopted the following Resolution amending Resolution
No. 348-1985 of Monroe County, Florida pertaining to the
Lease Agreement between the County and the City of Key West
relating to the Animal Shelter.
RESOLUTION NO. 045-1986
See Res. Book No. 48 which is incorporated herein by
reference.
Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Stormont to
withdraw from the Agenda the Application for Variance to the
Flood Hazard Ordinance of George R. MacLean for further
information from the Zoning Department. During discussion,
the motion was withdrawn. This matter was deferred until
later in the meeting.
ITEMS FOR STAFF COMMENT
Airport
John Bigler, attorney representing Avis Rent-A-Car
System, Inc. addressed the Board concerning the proposed
Concession Agreement between Avis Rent-A-Car System, Inc.
and Monroe County. The Clerk advised the Board that there
were a couple of sections in the proposed Agreement which he
would like to study further. After Board discussion, motion
was made by Commissioner Fahrer and seconded by Commissioner
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Freeman to postpone this matter. Motion carried unani-
mously.
Building, Planning & Zoning
Director Charles Pattison addressed the Board con-
cerning the Platted Land Study. He discussed a request con-
cerning a six -acre parcel which was planned for division
into two three -acre tracts and the question as to whether or
not the same was a Major Development.
Andy Hooten, County Biologist, addressed the Board
and gave a report concerning well permitting in the Florida
Keys. Bob Harris of Post, Buckley, Schuh & Jernigan
addressed the Board concerning a need for a study to be done
by the South Florida Water Management District. Motion was
made by Commissioner Swift and seconded by Commissioner
Fahrer to authorize the advertisement of a Public Hearing
for a proposed moratorium on any new well permitting until a
study can be made and also that the County petition the
South Florida Water Management District to perform a study
of well permitting in the Keys. Al Damron and Grace Manillo
addressed the Board. Roll call vote was taken with the
following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
Yes
Commissioner
Stormont
Yes
Commissioner
Swift
Yes
Mayor Harvey
No
Motion carried. Motion was
made by Commissioner
Fahrer and
seconded by Commissioner Swift
authorizing
Charles Pattison
,,-
to hold all applications for
well permits until
the passage
of the Ordinance. Roll call
vote was taken
with the
following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
Yes
Commissioner
Stormont
Yes
Commissioner
Swift
Yes
Mayor Harvey
No
Motion carried.
Municipal Service District
Director Aguero discussed a request from the Monroe
County Housing Authority requesting exemption from the waste
fee and assistance for clean-up activities in the Marathon
Rock Area for property known as the LaBaron Property.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to exempt from the waste assessment fee
the uninhabitable dwelling units in The Rock area scheduled
for low-cost rehabilitation, property known as the LaBaron
Property. Motion carried unanimously. County Administrator
Lewin and Director Aguero were directed to make the sway -
cars available for use for clean-up in the area.
Director Aguero requested authority to authorize
Post, Buckley, Schuh & Jernigan to proceed to amend the
Incincerator Operating Permits. Motion was made by
Commissioner Fahrer and seconded by Mayor Harvey authorizing
Post, Buckley, Schuh & Jernigan to proceed to amend the
Operating Permits of the incinerators. Motion carried una-
nimously.
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SOUNDING BOARD FOR PUBLIC INPUT
Bob Epstein addressed the Board concerning solar
street lighting. Motion was made by Commissioner Fahrer and
seconded by Commissioner Swift to authorize the preparation
of a Resolution supporting the use of solar power. Motion
carried unanimously.
COUNTY ADMINISTRATOR
Mr. Lewin discussed the program instituted to begin
turning off street lights.
Mayor Feiner of Key Colony Beach discussed lights
on the Key Colony Beach Causeway.
The Board also addressed the request from FM US1 to
broadcast the Board's Final Land Use Plan Hearing on
February 28th. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to authorize FM US1 and any
other interested radio stations to broadcast live the Final
Public Hearing on the Land Use Plan scheduled for February
28th in Key Colony Beach, subject to the approval of the
City of Key Colony Beach. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to write a letter requesting The
Honorable Kirk Zuelch, State Attorney, to attend the next
County Map Meeting. Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Municipal Service District
The Board then proceeded to listen to presentations
of CPA firms interested in providing the audit services
required by the Franchise Agreements between the County and
the Garbage Franchisees. Mr. Bishop read the letter from
MSD soliciting the necessary services. Peter Rosasco of the
firm of Kemp & Rosasco adddressed the Board concerning the
types of services that could be performed. Motion was made
by Commissioner Fahrer and seconded by Commissioner Freeman
that the County will request certified audits of the Garbage
Franchisees. Roll call vote was unanimous with Commissioner
Swift not present. The following firms made presentations
to the Board: John Parks of Parks & Niles, P.A. and Dennis
Bishop of Dennis M. Bishop, C.P.A. in a joint venture.
Following this presentation, the Board discussed the exten-
sion of the time for the completion of the audits to June 1.
William Kemp of Kemp & Rosasco and Dorothy Wolfe of Wolfe &
Wolfe addressed the Board and made presentations. The Board
then proceeded to vote and rank the firms with the Number
One Choice receiving three points; Number Two - two points;
and the Last Choice receiving one point. Following is a
summary of the vote:
Kemp & Rosasco 12 points
Parks/Bishop Joint Venture 12 points
Wolfe & Wolfe 6 points
After re-ballotting on the firms of Kemp & Rosasco and
Parks/Bishop Joint Venture, the following results were tabu-
lated:
Parks/Bishop Joint Venture 8 points
Kemp & Rosasco 7 points
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The Board would thus proceed to negotiate a Contract with
the firm of Parks/Bishop Joint Venture, to be brought back
to the Board for its consideration.
COMMISSIONERS' ITEMS
Captain Frank addressed the Board and presented the
County Commissioners with Certificates of Membership in the
Key West Maritime Historical Society of Florida Keys. He
also discussed Statue Rowing Day. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
adopt a Proclamation proclaiming April 28, 1986 as Statue
Rowing Day. Motion carried unanimously.
Mayor Harvey discussed the recent decision con-
cerning Bayside Manor. Motion was made by Mayor Harvey and
seconded by Commissioner Swift to re -consider the Board's
action on Bayside Manor on the next possible Appeal Agenda,
with a probable date of March 19th. Roll call vote was
taken with the following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
Yes
Commissioner
Stormont
No
Commissioner
Swift
Yes
Mayor Harvey
Yes
Motion carried.
The Board recessed for lunch.
The Board reconvened at 2:30 p.m. with all
Commissioners present.
SOUNDING BOARD FOR PUBLIC INPUT
Mr. Schraeder of Ecosystematics addressed the Board
concerning sludge disposal costs and the recent increase
approved by the Board. Glen Boe addressed the Board con-
cerning a demonstration project for a system of disposal of
sludge. Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to authorize the staff to work with
the group to develop a plan for a proposal on a sludge
disposal project and to bring back to the Board for its con-
sideration. Motion carried unanimously. Motion was then
made by Commissioner Stormont and seconded by Commissioner
Fahrer to institute a four -month moratorium on the addi-
tional 5¢ added to the sludge disposal fee. Motion carried
unanimously.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve payment of an invoice
-� from Karl Beckmeyer for legal services rendered in the
amount of $200.00. Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Fahrer to approve payment of a bill
from Florida Keys Claim Service in the amount of $129.50.
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
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by Commissioner Freeman to approve payment of the Final
invoices from General Asphalt Co., Inc. regarding Roadway
Improvements:
Conch Key/Islamorada Roads $ 4,454.00
Coco Plum Drive (MM 54) $ 9,570.64
Key Vaca Roads III $ 3,806.00
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve payment of the Final
invoice from Upper Keys Marine Construction for work on the
Card Sound Bridge Catwalk in the amount of $12,282.71.
Motion carried unanimously.
Commissioner Swift discussed fire hydrants. Motion
was made by Commissioner Fahrer andd seconded by
Commissioner Freeman to ask the Florida Keys Aqueduct
Authority to meet with the Board of County Commissioners
concerning fire hydrants in the County. Motion carried una-
nimously.
Commissioner Swift discussed sidewalks along
Atlantic Boulevard and a joint City -County -State program.
This matter was referred to the County Administrator.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve payment of a bill from
Risk Control Associates, Inc. in the amount of $450.00 for
insurance consulting services for January 1986. Motion
carried unanimously.
Mr. Lewin discussed the work at the Martello
Towers. He advised the Board that the Garden Club had
donated $5,000.00 to assist the County in that repair work;
however, they requested that some work be done at the
entrance which would require additional funds in the amount
of $800.00. Motion was made by Commissioner Fahrer and
seconded by Mayor Harvey to approve a Change Order to the
Contract with Construction and Repair Specialists of
Florida, Inc. in the amount of $800.00 for changes to the
entrance area. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to authorize the purchase of a 1/2-ton
pick-up truck on State Contract price for the Public Works
Department. Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Mayor Harvey to approve execution of a Lease
with Harry E. and Elvira F. Mahoney for office space for
Commissioner Fahrer in the amount of $400.00 per month.
Motion carried unanimously.
Mr. Lewin discussed the E911/SALI System and
advised the Board that Mr. Paros had advised that funds are
available in four District budgets to assume the cost of the
System for the balance of the fiscal year. After
discussion, motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to accept the E911/SALI
System for those Districts that can support the System out
of their own budgets. Roll call vote was unanimous. Motion
was then made by Commissioner Stormont and seconded by
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Commissioner Fahrer to authorize the County Attorney to pre-
pare an Ordinance for the payment of th 220 per person
charge concerning the E911/SALI System. Motion carried una-
nimously.
Mr. Lewin then discussed the State Aid Grant from
the Library System in the amount of $54,398.00. Motion was
made by Commissioner Fahrer and seconded by Commissioner
Freeman to accept the State Aid To Libraries Grant in the
amount of $54,398.00, to authorize the Mayor to execute the
necessary Agreement with the State of Florida Division of
Library Services, and to ask the Library Board for their
recommendations. Motion carried unanimously.
Commissioner Swift then made a presentation
regarding the Higgs Beach concession on behalf of the Beach
Committee. He also presented artist's renderings from Jose
Gonzales and Mr. Beebe of Key West. The Board then entered
into a full discussion concerning the Bid Package criteria
and advised Commissioner Swift that they would recommend two
separate Bids - one for water sports and one for restaurant.
The County Administrator was directed to find out what other
Counties do concerning a tennis pro to manage tennis courts.
The Board also recommended that the the restaurant con-
cessionaire be allowed to sell alcoholic beverages for con-
sumption within the premises. Motion was then made by
Commissioner Swift and seconded by Commissioenr Freeman to
authorize payment of an invoice to Gonzalez & Associates in
the amount of $1,164.50 for the architectural services ren-
dered in connection with the Higgs Beach Restaurant project.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
repealing the current Sections 6-177 through 6-194 of the
Monroe County Code; creating new Sections 6-177 through
6-197; providing a legislative purpose; providing for defi-
nitions; adopting the Federal Emergency Management Agency
Maps showing Areas of Special Flood Hazard; requiring cer-
tain information from Building Permit Applicants desiring to
build in Areas of Special Hazard; providing for certain
construction standards for structures erected in those
zones; providing for duties and responsibilities of the
Director of Planning, Building and Zoning in regard to
construction within such Special Flood Hazard Zones; pro-
viding for rules of interpretation of district boundary
lines; providing for variances in certain circumstances from
the application of this Article; providing for appeals of
administrative decisions made under this Article; providing
that the requirements of this Article shall be cumulative to
all other existing laws and ordinances touching on any
construction in Areas of Special Flood Hazard and not pre-
emptive; providing for compliance; repealing special laws in
conflict with this Article to the extent of conflict; pro-
viding for Grandfathering; providing for a prohibition on
basements and for certain below floor uses; providing for
severability; providing for incorporation into the Monroe
County Code of Ordinances; and providing for an effective
date. Proof of publication was entered into the record.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to read by title only. Motion carried
unanimously. There was no public input. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
continue to the next Public Hearing. Motion carried unani-
mously.
A Public Hearing was then held on a proposed
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Ordinance amending Ordinance No. 035-1985 establishing
Special Assessments and Service Charges for Commercial
Collection Service from January 1, 1986 through December 31,
1986; repealing all Ordinances in conflict with this
Ordinance; and providing an effective date. Proof of publi-
cation was entered into the record. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
read by title only. Motion carried unanimously.
Commissioner Swift made a Point of Personal Privilege and
requested the Clerk to circulate a pad of paper for signa-
ture by those individuals wishing to speak. Fred Tittle
addressed the Board. Laurence Weaver, representing the
Monroe County Condominium Owners Association, Inc.,
addressed the Board. MSD Director Aguero told the Board
that the Hearing was only to address commercial rates.
Mayor Harvey advised the audience that speakers would be
heard concerning commercial accounts only. After
discussion, it was the concensus of the Board that all
speakers would be heard regarding garbage problems. Ted
Carter addressed the Board. John Hinman, tenant at Key
Trailer Courts in Marathon, addressed the Board. Bill
Konrath appeared before the Board. David Jackson of Jolly
Roger Trailer Park addressed the Board. Joe Fisher, owner
of Key Trailer Courts in Marathon, also addressed the Board.
Ted Carter appeared before the Board. Fred Tittle, attorney
representing Franchisees, addressed the Board. Motion was
made by Commissioner Fahrer and seconded by Commissioner
Swift to adopt the following Ordinance. Roll call vote was
taken with the following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
Yes
Commissioner
Stormont
No
Commissioner
Swift
Yes
Mayor Harvey
No
Motion carried.
ORDINANCE NO. 003-1986
See Ord. Book No. 11 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
amending Section 6-16.1(7) of the Monroe County Code of
Ordinances, pertaining to amendments to the Standard
Building Code, in order to provide for additional construc-
tion standards for Veterinary Clinics and Hospitals in BU-2Q
and BU-2R Zoning Districts; providing for severability; pro-
viding for inclusion in the Monroe County Code of
Ordinances; providing for the repeal of all Ordinances or
parts of Ordinances in conflict with this Ordinance; and
providing for an effective date. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
read by title only. Motion carried unanimously. The
following individuals spoke in favor of the proposed
Ordinance: Thomas D. Wright, attorney for Dr. Jim Greene;
Wayne M. Greison; Robert Guilland; Jim W. Greene, D.V.M.;
Charles H. Johnson; Timm Reed; Barbara Brader; Sara Shaner;
Patricia Ann Joseph; Hank Shaner; Joyce Johnson. The
following persons addressed the Board in opposition to the
proposed Ordinance: Robert DeField; George Wohlers; Mary
Ann Pellini; Ray Matson; Dick Johnston; Diane Gausman; Karen
Horton; Ernest Stewart; Vince Brostek; John Sherk; Margo
Matson; M. Guilbrandsen; Doris Snellinger; Vertis Tolle;
Annie Millis; Paul Snellinger; Dr. Steve Woodby; Frank
Greenman. Julia Opinsky addressed the Board. Motion was
made by Commissioner Fahrer and seconded by Commissioner
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Swift to adopt the Ordinance. Roll call vote was taken with
the following results:
Commissioner Fahrer Yes
Commissioner Freeman No
Commissioner Stormont No
Commissioner Swift No
Mayor Harvey No
Motion failed.
A Public Hearing was then held on a proposed
Ordinance amending Section 19-5 of the Monroe County Code in
order to provide a definition of Veterinary Clinics;
amending Section 19-217.1 and 19-217.2 by permitting
Veterinary Clinics in BU-2Q and BU-2R Zones; providing for
severability; providing for the repeal of all Ordinances or
parts of Ordinances in conflict with this Ordinance; pro-
viding for inclusion in the Code of Ordinances of Monroe
County; and providing for an effective date. Motion was
made by Commissioner Stormont and seconded by Mayor Harvey
to read by title only. Motion carried unanimously. The
following people addressed the Board: Robert DeField, Mary
Ann Pellini, Frank Greenman, Paul Snellinger, Grace
Mannillo, George Wohlers, Vince Brostek, Annie Millis, Doris
Snellinger, Karen Horton, Sandra Shaner. Motion was made
by Commissioner Swift and seconded by Commissioner Fahrer to
reject the proposed Ordinance. Roll call vote was unani-
mous. Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to ask the Planners to consider the
restrictions discussed in the Public Hearing for Animal Cli-
nics to be included in non -industrial properties in the new
Land Use Plan, subject to holding necessary Workshops.
Motion carried unanimously.
COUNTY ATTORNEY
Mr. Proby discussed a request by Reggie Paros for
the County to execute a Unity of Title requested by the
Zoning Board concerning the addition to the fire station in
Tavernier. Motion was made by Commissioner Swift and
seconded by Commissioner Freeman authorizing the execution
of the Unity of Title if it is determined that it involves
property owned by the County. Motion carried unanimously.
County Attorney Proby advised the Board that he had
been requested by the Tourist Development Council to ask the
Board to consider allowing them to hire their own legal
counsel. No action was taken.
Mr. Proby advised the Commission that Tax Collector
Harry Knight had refused to issue Dr. Rogers an Occupational
License upon determining that his business address was
actually an auto repair shop and not a bona fide address.
Mr. Proby also made a report to the Board on the
status of the Jail and indicated that it should be opened
prior to March 1st.
The County Attorney discussed the Board's can-
cellation of the meeting of February 21st and advertised
notices concerning Ordinances. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
authorizing the County Attorney to re -advertise on
Ordinances scheduled for Public Hearing on February 21st.
Motion carried unanimously. Motion was made by Commissioner
Swift and seconded by Commissioner Freeman to confirm that
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the Board would consider bids on February 21st which were
scheduled to be heard at that time. Motion carried unani-
mously.
The Board discussed the changes in the schedule for
the Map Meetings and the Text Meetings for the Land Use
Plan. Motion was made by Commissioner Freeman and seconded
by Commissioner Stormont authorizing the following changes:
February 18th meeting would be at the
DAV Building in Marathon
from 9:00 a.m. to 5:00 p.m.
February 20th meeting would be at the
American Legion in Marathon
at 1:00 p.m.
February 21st meeting would be at the
Marathon SubCourthouse at
9:00 a.m.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Fahrer nominated Louis Drakos, 7539
Gulfstream Boulevard, Marathon, to the Zoning Board. Motion
was made by Commissioner Swift and seconded by Commissioner
Freeman to confirm the appointment of Louis Drakos to the
Zoning Board. Motion carried unanimously.
Mayor Harvey left the meeting and Mayor Pro Tem
Fahrer assumed the Chair.
Commissioner Stormont discussed campers' use of
rights -of -way. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer for the County to write a
letter to the Sheriff urging him to enforce the campground
laws and illegal use of rights -of -way. Roll call vote was
unanimous with Mayor Harvey not present.
Commissioner Stormont discussed the "Big Hearted
Jerry's Carnival" and their failure to clean up the area
after their use of the property. This matter was referred
to the County Attorney concerning the need for sponsorship
and local responsibility for these carnivals. Motion was
made by Commissioner Swift and seconded by Commissioner
Freeman that the owner of the property or the owner of the
carnival be required to post a $5,000.00 bond for the
necessary cleaning up. Motion carried unanimously with
Mayor Harvey not present.
Mayor Harvey was to discuss an ordinance concerning
open containers. This matter was referred to the County
Attorney.
A discussion of pay conversion was withdrawn due to
Mayor Harvey's absence.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to postpone an item con-
cerning Matecumbe Beach Road. Motion carried unanimously
with Mayor Harvey not present.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to postpone an item concerning the
Upper Keys Rotary Club program to acquire property on US1.
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Motion carried unanimously with Mayor Harvey not present.
Commissioner Swift'made a report concerning the
Environmental Committee of the State Association of County
Commissioners and $10,000,000.00 in CARL funds. No action
was taken.
Motion was made by'Commissioner Stormont and
seconded by Commissioner Swift authorizing the County
Administrator to obtain proposals for advertising of the
Delinquent Property Tax Roll. Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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