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03/23/1984 Regular AA ~3 Regular Meeting Board of County Commissioners FridaYt March 23t 1984 10:00 A.M.t Plantation Key A regular meeting of the Board of County Commissioners convened on the above date. Present and answering to roll call were Commissioners Alison Fahrert Commissioner Wilhelmina HarveYt Commissioner Jerry -- Hernandezt Jr't Commissioner Ed Swift and Chairman Ken Sorensen. Also present were Danny L. Kolhaget Clerk; Lucien ProbYt County Attorney; Edward StickneYt Acting County Administrator; Members of the County's Consulting Engineers; Members of the Press and Radio; and general public. All stood for the Invocation and remained standing for the Pledge of Allegiance to the Flag. PUBLIC HEARINGS ~ A public hearing was held on a proposed ordinance amending Chapter 2.1t entitled "Alcoholic Beverages"t to restrict the hour of sale of beert wine and other alcoholic beveragest and restricting the distance between such establishments. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to read the proposed ordi- nance by title only. Motion carried unanimously. The following individuals spoke in opposition: Michael Cumifordt George Hermant Larry Ablet Stanley Meyerst Joe Tuniclet Mickey Brownt Daney Wolft Gary Ellist Pat Sheldont Robert Rebosot Jim Noont Dick Dydellt and Frank Swartz. Mr. Wayne Porter spoke in favor of the proposed ordinance. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to continue the public hearing for two (2) weeks to the Marathon meeting. During discussion the motion was withdrawn. Motion was made by Commissioner Hernandez to reject the ordinance and discontinue the public hearings. Motion died for lack of a second. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to continue the meeting for two (2) weeks. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes Yes No Yes Yes Motion carried. . REQUEST TO ADDRESS THE BOARD Mr. Lane Kendig made a status report on the update of the Comprehensive Land Use Plan and Growth Management Plan. ~ REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Swift discussed planning. Commissioner Swift called for a meeting of the Planning Committee on April 5t 1984 at 2:00 P.M. in Marathon. Mr. Hillman briefly discussed the proposed Garrison .Bight Boating Improvement Project. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to continue this item for two (2) weeks and schedule it at 11:15 A.M. in Marathon. Motion carried unanimously. I AA 034 Commissioner Hernandez discussed a biological assessment concerning Mr. Pontin. Mr. Pontin of Ramrod Key discussed his request for a permit at Big Pine Key. Motion was made by Commissioner Swift and seconded by Mayor Sorensen to continue this item until the May 18, 1984 meeting. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to approve the following items by unanimous consent: lEGAL DEPARTMENT legal Department was authorized to advertise and call for a public hearing on a proposed ordinance revising Section 6-35(a) of Chapter 6 entitled "Buildings and Constructionll relating to expiration of building permits. Resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between the Board of County Commissioners and the City of Key Colony Beach, concerning thp paving of the Sadowski Causeway and East Ocean Drive, Key Colony Beach. ReSOLUTION NO.079-1984 See Res. Book No. 36 which is incorporated herein by reference. Resolution denying zoning appeal of Jack R. Dykstra and Jack R. Dykstra, II. RESOLUTION NO.080-1984 See Res. Book No. 36 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners to execute an Employment Agreement by and bet- ween Monroe County and James R. Keller to fill position of Assistant County Attorney in County Attorney's Office. RESOLUTION NO.081-1984 See Res. Book No. 36 which is incorporated herein by reference. Resolution designating Boot Key Harbor a Water Management Area. RESOLUTION NO.082-1984 See Res. Book No. 36 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners to ex~cute an Agreement by and between the Board of County Commissioners and Frank Keevan and Sons, Inc., regarding the Boating Improvement Fund Project at Key Colony Beach Channel Marker. RESOLUTION NO.083-1984 See Res. Book No. 36 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners to execute a Sign lease by and between Schmitt Real Estate Co., a Florida corporation, and the County of Monroe, State of Florida. RESOLUTION NO.084-1984 See Res. Book No. 36 which is incorporated herein by reference. AA - 035 Resolution authorizing the Chairman of the Board of County Commissioners to execute a Joint Participation Agreement by and between the Board of County Commissioners and the State of Florida, Department of Transportation, regarding the Marathon Airport Project No. 3-12-0044-03, construction of new runway relocation, MIRLS and associated apron construction. - RESOLUTION NO.085-1984 See Res. Book No. 36 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners to execute an Engineer's Agreement by and bet- ween the Board of County Commissioners and Post, Buckley, Schuh and Jernigan, Inc., regarding the Key West International Airport AlP Project 02, for $70,235.00 to pre- pare an updated Airport Master Plan for Key West International Airport. RESOLUTION NO.086-1984 See Res. Book No. 36 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners to execute an Engineer's Agreement by and bet- ween the Board of County Commissioners and Post, Buckley, Schuh and Jernigan, Inc., regarding Marathon Airport AlP Project 02, for $44,444.00 to prepare an updated Airport Master Plan for Marathon Airport. RESOLUTION NO.087-1984 See Res. Book No. 36 which is incorporated herein by - reference. Resolution authorizing the Mayor and Chairman of the Board of County Commissioners to execute an Agreement by and bet- ween the City of Key West, Florida, and the Board of County Commissioners to provide for full-time ambulance service to the residents of Municipal Service Tax District lA, including Advanced Life Support. RESOLUTION NO.088-1984 See Res. Book No. 36 which is incorporated herein by reference. Resolution transferring funds. RESOLUTION NO.089-1984 See Res. Book No. 36 which is incorporated herein by reference. Resolution concerning receipt of unanticipated funds. RESOLUTION NO.090-1984 See Res. Book No. 36 which is incorporated herein by reference. - REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Approval of Warrants for March, 1984: WAR RAN T S GENERAL REVENUE FUND, #17998-18797, in the amount of $2,988,737.44. GENERAL REVENUE FUND, FRS, #122-123, in the amount c $200,000.00. AA',- 036 SUPPLEMENT TO THE GENERAL REVENUE FUND, #140-141, in the amount of $16:919.37. FINE & FORFEITURE FUND, #327-330, in the amount of $510,300.~ - ---- ROAD & BRIDGE FUND, #271-277, in the amount of $346,684.~ - AIRPORT OPERATION & MAINTENANCE FUND, #208-209, in the amount of $31,907.27. MONROE COUNTY GROUP INSURANCE FUND, #04-06, in the amount of $60,898.70. TRANSLATOR FUND, #29-30, in the amount of $103,462.73. LAW LIBRARY FUND, #111, in the amount of $207.40. CARD SOUND BRIDGE REVENUE FUND, #25, in the amount of $4,969~ WORKMEN'S COMPENSATION, #877-890, in the amount of $152,594.14. TOURIST DEVELOPMENT FUND, #89, in the amount of $57,111.35. ~ MSD TAX DISTRICT, #473-476, in the amount of $588,852.23. --- MSD TAX DISTRICT, FLORIDA 1ST NATL BANK/SOUTHEAST BANK, #186~7~n the amount of $173,664.87. Approval of Fine and Forfeiture Expenditures for the month of March, 1984: FINE & FORFEITURE FUND COURT APPOINTED ATTORNEYS, Michael Gilbert in the amount of $235.65; Jeff Gautier in the amount of $500.00; William Kuypers in the amount of $562.50; Michael Gilbert in the amount of $138.90. $100.00. OTHER EXPENSES, Louis Spallone in the amount of COURT REPORTER SERVICES, Associated Court Reporters in the amount of $24.25; Castillo & Castillo in the amount of $2,021.20; Certified Reporting in the amount of $434.75. COURT INTERPRETER, Tana DeGamez in the amount of $25.00; Jerome Grapel in the amount of $65.00. SWINDLER CASE, Joseph S. Schwartz in the amount of $76.70. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR ---., Approval of admission to Bayshore Manor for Consuelo Ramos, Lillian Touster and Florence Touster effective March 1, 1984. Appointment of Louis LaTorre to the Florida Association of County Aging Executives, membership in the Florida Association of County Aging Executives, and payment of annual dues in the amount of $20.00. Approval of refund in the amount of $45.00 to Raymond Tautkus for a variance application not needed. AA 037 -- Approval of Payment No.4 to Upper Keys Marine Construction, Inc., in the amount of $4,012.76 on Copa D'Oro Bridge Project. Approval of Payment No.5 to Upper Keys Marine Construction, Inc., in the amount of $8,341.74 on Yellowtail Bridge Project. Appointment of Mary Dennis to the Highway Beautification Committee. Resignations of Barbara Wolf and Col. J. Scurlock to the Highway Beautification Committee. Approval of payment of Invoice No. 23 in the amount of $11,302.13 to Post, Buckley, Schuh and Jernigan, Inc., for the month ending January 31, 1984. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Authorization to provide legal fees in defense of Chairman Sorensen being individually in the Kawama Yacht Club Case in accordance with the provisions of Florida Statutes 111.07. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to authorize the Legal Department to advertise for a public hearing on a proposed ordinance by adding a new sub-section to be numbered 19-180 (9) to Section 19-180, entitled "GU General Use District" relating to monuments. Motion carried unanimously. -- Mr. Stickney discussed proposals received for the picking up of derelict cars. He advised the Board that he was in possession of proposals from B&B, Alex, and Arnold's Towing. Mr. Bob Keever of B&B Auto Parts addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer authorizing the Public Works Director to draw specifications with the input of Mr. Aguero and to advertise for bids for towing of abandoned and County vehicles. Motion carried unanimously. PUB LI C ,H EAR IN G S A public hearing was held on a proposed ordinance creating a special hospital district for Mariners Hospital and requiring a Referendum. Proof of publication was entered into the records. Mr. Gordon Osborn, Treasurer of the Keys Hospital Foundation, addressed the Board concerning the proposed Special Hospital District. Mr. Fred Shrader, Chairman of the Keys Hospital Foundation, also addressed the Board. No members of the public spoke for or against the proposed ordinance. Motion was made by Chairman Sorensen and seconded by Commissioner Swift to adopt said ordinance. Motion carried unanimously. ORDINANCE NO.013-1984 -- See Ord. Book No.7 which is Tncorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Mayor Sorensen discussed the Building Department and read a recent report of the County Administrator con- - cerning the department. Mr. Frank Greenman, Attorney repre- senting the Contractors Association, addressed the Board and presented a proposal for the reorganization of the Building Department. Motion was made by Commissioner Hernandez and AA . 038 seconded by Mayor Sorensen to accept the recommendation of the Contractors Association concerning the reorganization of the Building Department in concept only. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to instruct the Director of the Building/Planning/Zoning Department to immediately place a qualified person in the position of the Assistant Building Official in the Upper Keys. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Chairman Sorensen Yes Yes Yes Yes No Motion carried. Motion was made by Chairman Sorensen and seconded by Commissioner Hernandez appointing a committee consisting of Dr. Doyle, Mr. Lewin and two (2) members of the Contractors Association to review the proposals made for the restructuring of the Building Department. Roll call vote was taken and carried unanimously. REQUEST TO ADDRESS THE BOARD Ms. Jean D. St. Croix, Chairman of the Highway Beautification Committee, together with Members of the Board of County Commissioners, presented a plaque to Plantation Key Elementary School for their efforts in maintaining the school grounds. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Chairman Harvey discussed the $57,000.00 recently allocated for advertising but placed in the Contingency Fund. Mr. Henry Rosenthal, Chairman of the Monroe County Advertising Commission, discussed the need for the funds and also the passage of the County-wide Tourist Development Tax as it affects the Monroe County Advertising Commission. He recommended that instead of abolishing the Commission that the same should be allowed to remain dormant and unfunded. Motion was made by Chairman Harvey and seconded by Commissioner Hernandez to allocate the $57,000.00 currently in the Contingency Account to the Monroe County Advertising Commission. During discussion, motion was made by Commissioner Swift to amend the motion to provide that the. funds would be repaid from the Tourist Development Commission. Motion to amend died for lack of a second. Roll call vote was taken on the original motion as follows: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen No Yes Yes No Yes Motion carried. Mr. Jim Hendrick, Attorney, addressed the Board and gave a report from the special committee which was appointed to study the Special Assessment in the Municipal Service District. Mr. Hendrick addressed three (3) alter- natives developed by the committee as follows: (1) Return to the $40.00 per parcel structure with adjustment for undevelopable properties. (2) Increase the user fee by approximately $80.00 on an annual basis to make up for the additional required revenues. AA 039 (3) Increase both the developed and undeveloped assessments as well as the user fees as follows: $28.00 per p arcel for improved, both residential and commercial; $10.00 per parcel for unimproved and a $66.00 per annum increase in the service fee. ~ Mr. Hendrick also suggested that the following categories be exempted from the assessments: (1) Those properties which have applied for and received critical concern exemption under category 39. (2) Those parcels on which unity of title has been filed. (3) Undevelopable property such as easements, rights of way, and minimal lots. Motion was made by Commissioner Fahrer to establish an eight (8) week moratorium on the collection of the Special Assessment for waste and during that time to develop speci- fic recommendation for the restructuring of the Special Assessment. Motion died for lack of a second. Mr. Aguero then addressed the Board and indicated that he could modify the current assessment as follows: (1) $28.00 per parcel for improved properties. (2) $20.00 per parcel for unimproved properties. (3) $50.00 per annum increase in the service charge. -- During discussion, motion was made by Commissioner Hernandez to reduce the $28.00 per parcel assessment on undeveloped properties to $14.00. Motion died for lack of a second. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer authorizing the County Attorney to pre- pare and advertise an ordinance which would provide that the $28.00 assessment would remain with the following exclusions: (1) Those properties which have received an exemp- tion under critical concern category 39. (2) Those properties upon which unity of title has been established. ( 3 ) rights of way waiver of any assessment. Undevelopable properties such as easements, and minimal lots and also providing for the penalities for the late payment of said During discussion, Commissioner Harvey made a motion to pro- vide that no assessment would exceed fifty percent (50%) of the annual ad valorem tax bill. During discussion, the motion was withdrawn. Roll call vote was taken on the ori- ginal motion and carried unanimously. ~ REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Sally Richardson, Attorney, addressed the Board and requested a re-hearing on a variance granted to Ocean Reef Landing, Inc. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to grant a reconsideration of the Board's prior approval granting a variance to Ocean Reef Landing, Inc. to the Flood Hazard Ordinance and also pro- viding that notification be given to the Upper Keys Building Department and to Mr. Pumo. Jim Hendrick, Attorney repre- AA O~ senting Mr. Pumo, was in the audience and objected to the request for a rehearing. Roll call vote was taken on the original motion with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Chairman Sorensen Yes Yes Yes No No Motion carried. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Carol Wolfe, Attorney representing the Monroe County Commercial Resorts Association, addressed the Board concerning the MSD Assessment as it pertains to recreational vehicles being treated as residential vs. commercial assessments. After discussion, this matter was referred to Mr. Aguero and Ms. Wolfe for further investigation and a report back to the Board. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. All Commissioners were present along with staff. Proof of publication was entered into the records. The first appeal was that of Harbor Course Club, Inc., who requested a review by the Monroe County Board of County Commissioners, to reverse the decision of the Monroe County Board of Adjustment and uphold the appeal and reverse the decision of the Planning, Zoning and Building Department in their decision to deny a land clearing permit for Golf Driving Range, located in Section 5, Township 59 South, Range 41 East, Key Largo. Mr. Tittle, representing The Harbor Course Club, Inc., addressed the Board concerning their appeal. Following Mr. Tittle's presentation, a motion was made by Commissioner Fahrer to deny the appeal and uphold the decision of the Board of Adjustment. Motion died for lack of a second. Motion was made by Commissioner Swift to grant the appeal and reverse the decision of the Board of Adjustment conditioned upon the establishment of a deed restriction requiring that the premises be used as a driving range unless and until changed by further action of the Board of County Commissioners requiring the root pruning and bagging of fifty (50) trees, 4 to 6 inches in diameter, and also conditioned upon the wood rats being trapped and moved under appropriate supervision. Motion died for lack of a second. Motion was made by Commissioner Swift to grant the appeal and reverse the decision of the Board of Adjustment conditioned upon the continued use of the subject property as a driving range unless changed by a decision of the Board of County Commissioners. Motion died for lack of a second. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to adopt the following resolution reversing the decision of the Board of Adjustment without prejudice and granting the request of Harbor Course Club, Inc., to reverse the decision of the Board of Adjustment -- denying an Administrative Appeal. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen No Yes Yes Yes Yes Motion carried. I AA 041 RESOLUTION NO. 091-1984 See Res. Book No. 36 which is-,ncorporated herein by reference. The next appeal was that of Marathon Lodge No. 323 F&AM., who requested that Monroe County Board of County Commissioners reverse the decision of the Mnnroe County Board of Adjustment, in denying the request for a variance to the square footage, width and depth requirements for a __ rpoposed change of zoning to BU-1-M. Also, requesting a variance of 31.25 feet, to build up to 18.65 feet from the front setback line, and a variance of 11.32 feet, to build up to 13.68 feet from the rear property line on Lot 1, Block 2 of Gulf Stream Shores, Plat #1, as recorded in Plat Book 3, page 89, and located in Section 1, Township 66 South, Range 32 E#ast, Marathon, zoned RU-3. Mr. Charles Scharch, Secretary of the Marathon Lodge No. 323 F&AM, addressed the Board concerning their appeal. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following resolution reversing the decision of the Board of Adjustment without prejudice and granting the request of Marathon Masonic Lodge #232 to reverse the deci- sion of the Board of Adjustment and granting a dimensional variance. Roll call vote was taken and carried unanimously. RESOLUTION NO. 092-1984 See Res. Book No. 36 which is-,ncorporated herein by reference. -- Next appeal was that of Sun Refining and Marketing Cd., requsting the Board of County Commissioners to reverse the decision of the Monroe county Zoning Board, in denying the request of a BU-2A with an existing BU-2 on a Part of Tract E of Port Largo, as recorded in Plat Book 5, Page 3, and located in Section 33, Township 62 South, Range 38 East, Plantation Key. Mr. Dale Syler addressed the Board and requested a continuanc~ of the public hearing since it was impossible for his attorney to be present. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to continue the appeal until the next meeting in Marathon on April 6, 1984. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commtssioner Fahrer and seconded by Commissioner Hernandez to authorize a variance for Audubon Acres, Inc., for approved Major Development known as Audubon Acres on Big Pine Key from #17-58 (a) (13), dedica- tion to public use. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Chairman Sorensen to adopt the following resolu- tion affirming the decision of the Zoning Board of Monroe County, Florida and denying the request of the Friends of the Everglades, Inc., to reverse the decision of the Zoning Board of Monroe County, Florida, granting the request of City National Bank as Trustee Preliminary Approval of a pro- posed Major Development Project known as Garden Cove. Roll call vote was taken with the following results: - Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen No Yes Yes Yes Yes RESOLUTION NO.093-1984 See Res. Book No. 36 which is incorporated herein by reference. AA O~ Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to postpone consideration of a reso- lution concerning partial release of agreement between the County and Scharf Land Development Company. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Hernandez to postpone consideration of a resolution concerning penalities on MSD assessments where timely protests have been filed. Motion carried unani- mously. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to adopt the following reso- lution authorizing the Board of County Commissioners to exe- cute an Amendment to Franchise Agreement by and between the Board of County Commissioners and Ted Carter Enterprises, Inc., d/b/a Keys Sanitary Services. Motion carried unani- mously. RESOLUTION NO.094-1984 See Res. Book No. 36 which is incorporated herein by reference. Motion was made by Chairman Sorensen and seconded by Commissioner Hernandez to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Franchise Agreement by and bet- ween the Board of County Commissioners and Ocean Reef Club, Inc. Motion carried unanimously. RESOLUTION NO.095-1984 See Res. Book No. 36 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to authorize payment of Invoice No.4 to Charley Toppino & Sons, Inc., in the amount of $91,761.00. During discussion, the motion was withdrawn. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to postpone this item for two (2) weeks. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Chairman Sorensen Yes Yes Yes No No Motion carried. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve payment in the amount of $532.00 to Beyer Funeral Home for pauper burial of Warren Huss as recommended by the Social Services Department. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes Yes Yes Yes No Motion carried. AA 043 Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to waive permit fees for the Apostolic Lighthouse Mission to reconstruct Sunday School rooms and to waive the permit fees in the amount of $1,227.00. Roll call vote was taken with the following resu lts: - Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen No Yes Yes No No Motion failed. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve a permit applica- tion for excavation at Doctor's Arm Subdivision, Big Pine Key, for Carl Perry. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to approve a variance to the Flood Hazard Ordinance to place a mobile home at the same elevation as the surrounding mobile homes for Joseph Lombardo per staff recommendation. Motion carried unani- mously. Motion was made by Commissioner Fahrer and seconded by Mayor Sorensen to deny a variance to the Flood Hazard Ordinance to place a 600 square foot aliminum shed to be used as a garage and storage building for George P. Messenger per staff recommendation. Roll call vote was taken with the following results: - Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes Yes No Yes Yes Motion to deny carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to approve a variance to the Flood Hazard Ordinance to place a mobile home at the same eleva- tion as the surrounding mobile homes for Irene Montante per staff recommendation. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes No Yes Yes Yes Motion carried. Motion was made by Commissioner Hernandez and -- seconded by Chairman Sorensen to approve a variance to the Flood Hazard Ordinance to place a mobile home at the same elevation as the surrounding mobile homes for T & R Seafood per staff recommendation. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes No Yes Yes Yes .. AA ( 044 Motion carried. The request of David Shepard for a variance to the Flood Hazard Ordinance to enclose an existing structure was postponed for two (2) weeks at the request of Mr. Shepard. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve continuation of payment to be made quarterly as performed for Hummel I. Sales, Inc., for Preventive Maintenance Program on Incinerators. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve waiver of building fees for construction of an office and activity center for the Florida Keys Baptist Association. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen No Yes Yes No Yes Motion carried. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Fahrer discussed Flood Insurance. No action was taken. Motion was made by Commissioner Hernandez and seconded by Chairman Sorensen to approve travel for the Commissioners and staff members to the Hurricane Conference in Tampa, Florida on May 25 through 27, 1984. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to authorize travel for Commissioner Harvey to Miami for the District XI Health Board Meeting. Motion carried unanimously. Commissioner Fahrer discussed salaries in the Civil Defense Budget that are being supplemented with funds received from Florida Power and Light. She also discussed generally increases in salaries since the first of the fiscal year. No action was taken. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to cancel the meeting of June 15, 1984 due to a meeting of the State Association of County Commissioners' Board of Directors. Motion carried unani- mously. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to authorize the expenditure of up to $2,000.00 for a reception to be held for the Board of Directors of the State Association of County Commissioners on June 15, 1984 out of the Board's Advertising Funds. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes Yes Yes Yes No Motion carried. AA 045 -- Commissioner Swift discussed the Beach Restoration Project. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez authorizing the County Attorney to prepare and the Chairman to execute the following resolu- tion in support of the Beach Restoration Program; said Program concerns the areas from Smathers Beach through Higgs Beach and to include the Indigenous Park, Rest Beach, and the area immediately across from the Indigenous Park where the radio towers are located; indicating a desire to cooperate with the City of Key West in the development of the aforesaid beach areas. Motion carried unanimously. RESOLUTION NO.096-1984 See Res. Book No. 36 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following resolution designating April 18 as Monroe County Library Day and authorizing the Chairman to execute same. Motion carried unanimously. RESOLUTION NO.097-1984 See Res. Book No. 36 which is incorporated herein by reference. Mr. Emil Lockwood of the Duck Key Property Owners Association discussed lot clearing problems on Duck Key. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to adopt the following resolution ~ authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between the Board of County Commissioners and Duck Key Property Owners Association. Motion carried unanimously. RESOLUTION NO.098-1984 See Res. Book No. 36 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The Assistant County Administrator, Edward Stickney, acting on behalf of the County Administrator who was ill, advised the Board that he was in possession of two (2) proposals for the advertisement of the Delinquent Real and Personal Property Roll as follows: Key West Citizen - $.90 per line The Keynoter - $1.17 per line Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to award the advertisement of the Delinquent Ad Valorem and Personal Property Roll to The Key West Citizen in the amount of $.90 per line. Roll call vote was taken on the motion with the following results: ,.... Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen No Yes Yes Yes Yes Motion carried. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve the Attorney's Fees of Holland and Knight for the work on the suit con- cerning the Palms of Islamorada in the amount of $1147.98. Motion carried unanimously. AA . 04& Mr. Jack Sweeting discussed permit fees on manufac- tured homes. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to waive all building permit fees on manufactured houses. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen No Yes Yes No No Motion failed. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to reduce by fifty percent (50%) the permit fees on all manufactured homes and authorizing the advertisement of an ordinance for the pur- pose of amending the necessary County Code. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes No No No Yes Motion failed. Motion was made by Commissioner Harvey and seconded by Mayor Sorensen that all permit fees for manufac- tured homes be the same as are actually performed for con- ventionally built homes. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to authorize the preparation and the advertisement of an ordinance which will provide for the exemption of manufactured homes from all building permit fees which are provided for and collected by the State of Florida. Roll call vote was taken with the following resu lts: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes Yes Yes Yes No Motion carried. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve the admission of Charles Shannon to A. G. Holley State Hospital for tuber- cular care. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following resolution authorizing George Aldret as individual authorized to issue citations for violations of County Ordinances. Motion carried unanimously. RESOLUTION NO.099-1984 See Res. Book No. 36 which is incorporated herein by reference. -. Dr. Doyle discussed the problem with trailer parks and existing non-conforming uses. After discussion, motion was made by Commissioner Hernandez directing the Director of BUilding/Planning/Zoning to work with the County Attorney concerning non-conforming uses and trailer parks and to allow the discretion to the Director of Building/Planning/ Zoning to authorize the reuse of trailer parks in the non- conforming use category. Motion died for lack of a second. Motion was made by Commissioner Fahrer and seconded by I AA W7 ~ Commissioner Harvey to reconsider the previous action. During discussion of the motion to reconsider, a substitute motion was made by Commissioner Hernandez and seconded by Commissioner Swift directing the Director of Building/ Planning/Zoning to work with the County Attorney concerning non-conforming uses and trailer parks and to allow the discretion of the Director of Building/Planning/Zoning to authorize the reuse of trailer parks in the non-conforming use category. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes Yes Yes Yes No Motion carried. Mr. Proby advised the Board that there had been an offer from the owners of Paradise Yacht Club concerning the suit which is currently involving that property. He advised that the offer was to reduce the size of the building to 721 by 541, go from 8 floors to 6 floors and from 60 units to 42 units. Motion was made by Mayor Sorensen and seconded by Commissioner Swift to further study the offer. During discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Hernandez to decline the offer. The motion was ruled out of order by the Chairman. A substitute motion was then made by Commissioner Fahrer and seconded by Mayor Sorensen to decline the offer. Roll call vote was taken on the motion to decline with the following results: ~ Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes Yes No No Yes Motion carried. There being no further business the meeting was adjourned. ~