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04/06/1984 Regular AAOOO Regular Meeting Board of County Commissioners Friday, April 6, 1984 10:00 A.M., Marathon A regular meeting of the Board of County Commissioners convened on the above date. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez, Jr., Commissioner Ed Swift and Chairman Ken Sorensen. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Kermit Lewin, 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. , Before the meeting got started, Commissioner Hernandez introduced the children of Commissioner Swift who were in the audience, Ed and Debbie Swift. PUBLIC HEARINGS A continued public hearing was held on a proposed Ordinance adding ARTICLE V to Section 13 of the Code of Ordinances of Monroe County, entitled "Payment of Incarceration Costs of Inmates of Monroe County Jail." Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to read the proposed Ordinance by title only. Motion carried unanimously. Mr. Jim Noone of Marathon addressed the Board and opposed the Ordinance. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to table consideration of the Ordinance until an Attorney Generalis Opinion could be obtained. Several Board members then attempted to discuss the motion to table. Motion was made by Commissioner Swift and seconded by Mayor Sorensen to suspend the rules and allow for the discussion of the motion to table. During discussion, this motion was withdrawn and during further discussion, the motion to table was withdrawn. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to table consideration of the Ordinance until an Attorney General's Opinion could be obtained. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes Yes Yes No No Motion carried. A public hearing was held on a proposed Ordinance amending Chapter 2.1, entitled "Alcoholic Beverages," to restrict the hours of sale of beer, wine, and other alcoho- lic beverages, and restricting the distance between such establishments, etc. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to read the proposed Ordinance by title only. Motion carried unanimously. The following individuals spoke in opposition: Richard Sheppard, Rick Ostor, Richard Rudell, Jim Noone, and Robert West, Jr. Pastor Robert Warehime spoke in favor of the proposed Ordinance. Motion was made by Commissioner AA 051 Hernandez and seconded by Commissioner Harvey to reject adoption of the Ordinance. 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. A public hearing was held on a proposed Ordinance repealing Ordinance 19-1983 and establishing a Monroe County public right-of-way use permit and a fee schedule, etc. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez to postpone. Motion died for lack of a second. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to read the pro- posed Ordinance by title only. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Mayor Sorensen to postpone until the May 4th meeting. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Miss Judy Sheppard of the Big Pine Key Athletic Association addressed the Board concerning the need for additional land on Big Pine Key for recreational purposes. This matter was referred to the County Administrator to meet with representatives of Big Pine Key Athletic Association. Commissioner Fahrer discussed a proposed sublease -- agreement between the Walt Disney Group and the University of Miami for the purpose of subleasing a part of Pigeon Key to be used as a holding area for specimens which would be shown at a new pavi11ion in Walt Disney World. Mr. Chuck Klein, attorney representing the University of Miami, addressed the Board concerning the request for a sublease. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to disapprove the request for the sublease. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen No No Yes Yes Yes Motion carried. Further discussion ensued. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez directing that the County negotiate with the University of Miami, and further directing that Commissioner Swift would chair a committee which would discuss the future use of Pigeon Key. Motion was carried unanimously. OPENING OF BIDS - The Clerk advised the Board that he was in possession of one sealed bid for the replacement/repair of daybeacons in Cow Key Channel, Monroe County, Florida. Proof of publication was entered into the records. Motion was made by Mayor Sorensen and seconded by Commissioner Fahrer to authorize the Clerk to open the bid. Motion was carried unanimously. The following bid was received: AA 052 Frank Keevan & Son, Inc. 2nd Street, Stock Island Key West, Florida 33040 $1,987.00 Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to refer the bid to staff. Motion carried unanimously. The Clerk advised the Board that he was in possession of two sealed bids for the Installation of daybeacons to mark the channel in "Lakes" Section between Key West and Boca Grande Key, Monroe County, Florida. Proof of publication was entered into the records. Motion was made by Comissioner Fahrer and seconded by Commissioner Hernandez to authorize the Clerk to open the bids. Motion was carried unanimously. The following bids were received: Upper Keys Marine Construction Post Office Box 18AAA Key Largo, Florida 33037 $11,022.00 Frank Keevan & Son, Inc. 2nd Street, Stock Island Key West, Florida 33040 $ 8,977.00 Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to refer the bids to staff. Motion carried unanimously. The Clerk advised the Board that he was in possession of two sealed bids for the installation and modification of daybeacons to mark Tavernier Creek-Gulfside, Florida Keys, Monroe County, Florida. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Hernandez to authorize the Clerk to open the bids. Motion was carried unanimously. The following bids were received: Upper Keys Marine Construction Post Office Box 18AAA Key Largo, Florida 33037 $5,673.00 Frank Keevan & Son, Inc. 2nd Street, Stock Island Key West, Florida 33040 $3,247.00 Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to refer the bids to staff. Motion carried unanimously. The Clerk advised the Board that he was in possession of three 'sealed bids for Roadway Improvements, Key Vaca Roads I (Mile Marker 51) Vaca Key, Monroe County, Florida. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to authorize the Clerk to open the bids. Motion was carried unanimously. The following bids were received: -- Charley Toppino & Sons, Inc. Post Office Box 787 Key West, Florida 33041 $126,780.03 General Asphalt Co., Inc. 4850 N.W. 72nd Avenue Miami, Florida 33152 $ 69,085.10 AA 053 The Brewer Co. of Fla., Inc. 9801 N.W. 106th Street Miami, Florida 33178 $ 74,240.37 ~ Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to refer the bids to staff for recommen- dation. Motion was carried unanimously. The County Attorney advised the Board that the call for sealed bids for Architectural Engineering Services for the Construction of a Structure to be used for Fire Station Garage Bays, etc. was not in proper and legal form in con- formance with the Competitive Negotiations Act. The County Attorney was then advised by the Board to re-advertise in accordance with the law. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to approve the following items by unanimous consent: LEGAL DEPARTMENT Resolution of the Board of County Commissioners of Monroe County, Florida, to approve the Grant Application packet by and between the Board of County Commissioners and the State of Florida Department of Natural Resources re: Boating Improvement Fund Project at Key Colony Beach Channel Marker, and authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute the sub- sequent project agreement upon approval by the Department of Natural Resources of the Grant Application. ~ RESOLUTION NO. 101-1984 See Res. Book No. 37 which is-,ocorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Provincetown Boston Airlines, Inc. (Key West International Airport). RESOLUTION NO. 102-1984 See Res. Book No. 37 which is-,ocorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Lease Agreement by and between the Board of County Commissioners of Monroe County, Florida and Provincetown Boston Airlines, Inc. (Key West International Airport). RESOLUTION NO. 103-1984 See Res. Book No. 37 which is-,ocorporated herein by reference. -- Resolution incorporating a Biological Assessment into the records concerning the application of David Sherman to improve navigational access to his residential property. RESOLUTION NO. 104-1984 See Res. Book No. 37 which is-,ocorporated herein by reference. Resolution incorporating a Bi~ogical Assessment into the records concerning the application of James F. Chaplin to improve boat mooring facilities on two adjoining parcels of land. AA - 054 RESOLUTION NO. 105-1984 See Res. Book No. 37 which is-rncorporated herein by reference. Resolutions conconcerning the receipt of unanticipated funds. RESOLUTION NO. 106-1984 RESOLUTION NO. 107-1984 RESOLUTION NO. 108-1984 RESOLUTION NO. 109-1984 RESOLUTION NO. 110-1984 RESOLUTION NO. 111-1984 RESOLUTION NO. 112-1984 RESOLUTION NO. 113~1984 RESOLUTION NO. 114-1984 See Res. Book No. 37 which is incorporated herein by reference. Resolution transferring funds. RESOLUTION NO. 115-1984 See Res. Book No. 37 which is-rncorporated herein by reference. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Fine and Forfeiture Expenditures: FINE & FORFEITURE FUNDS COMPETENCY & PSY. EVALUATIONS, Monroe Health Care Center of the Lower Keys-ln the amount of $300.00. COURT-APPOINTED ATTORNEYS, Robert P. Duffy in the amount of $241.25. COURT REPORTER SERVICES, Associated Court Reporters in the amount of $216.70; Certified Reporting Service in the amount of $3,311.60; Kathleen Fegers in the amount of $100.00; Nicodemus Reporting in the amount of $24.00. COURT INTERPRETER, Tana de Gamez in the amount of $25.00; Stephen E. Moore in the amount of $30.00. WITNESS FEES & WITNESS PAYROLL, Fees in the amount of $145.00; Travelln the amount of $375.80. Monroe County Tourist Development Council Expenditures: TOURIST DEVELOPMENT COUNCIL FUNDS ISLAND ROOTS FESTIVAL, in the amount of $1,942.78. TENNESSEE WILLIAMS FINE ARTS CENTER, in the amount of $4,684.72. RED BARN THEATRE, in the amount of $610.77. PITNEY BOWES, in the amount of $104.25. SOUTHERN BELL, in the amount of $437.25. KEY WEST OFFSHORE POWER BOAT RACE ASSN., in the amount of-r5,028.59. \ AA 055 JOHN ~ HOWARD, in the amount of $297.00. STUART NEWMAN ASSOCIATES, voucher in the amount of $73.83. - GREATER KEY WEST CHAMBER QI COMMERCE, in the amount of $3,069.96. --- ---- STUART NEWMAN ASSOCIATES, Inv. #483 in the amount of $1,099.50; Inv. #487 in the amount of $3,646.08; Inv. #486 in the amount of $3,513.13; Inv. #485 in the amount of $941.20; Inv. #484 in the amount of $2,458.49; Inv. #546 in the amount of $4,850.00; Inv. #545 in the amount of $1,099.50; Inv. #543 in the amount of $2,160.12; Inv. #542 in the amount of $1,357.26; Inv. #541 in the amount of $5,023.33; Inv. #501 in the amount of $1,461.52; Inv. #503 in the amount of $4,634.03; Inv. #502 in the amount of $7,676.79; Inv. #500 in the amount of $958.64; Inv. #499 in the amount of $3,390.63; Inv. #544 in the amount of $941.20; Inv. #488 in the amount of $3,710.37. Warrants for March, 1984: WAR RAN T S GENERAL REVENUE FUND, #18798-19487, in the amount of $868,265.27. GENERAL REVENUE FUND, MARATHON BANK, #41, in the amount of $37,630.70. - GENERAL REVENUE FUND, FIRST AMERICAN BANK, #41, in the amount of $67,548.30. SUPPLEMENT TO THE GENERAL REVENUE FUND, #142, in the amount of $30,49~2~ FINE & FORFEITURE FUND, #331-334, in the amount of $690,817.ag:- - ROAD & BRIDGE FUND, #278-279, in the amount of $105,164.~ - TOURIST DEVELOPMENT COUNCIL, #90, in the amount of $1,710.42. AIRPORT OPERATION & MAINTENANCE FUND, #210-213, in the amount of $26,030.67. LAW LIBRARY FUND, #112, in the amount of $428.40. CARD SOUND BRIDGE REVENUE FUND, #26-27, in the amount of~,728.84. MSD TAX DISTRICT FUND, #477-483, in the amount of $156,836.~ --- ---- - WORKMEN'S COMPENSATION, #891-908, in the amount of $8,073.17. TRANSLATOR FUND, #31-32, in the amount of $18,077.29. ---- MONROE COUNTY GROUP INSURANCE FUND, #7-8, in the amount of $60,380.44. AA 05& MSD TAX DISTRICT, FL. KEYS FIRST STATE BANK, KEY LARGO, #7:-Tn-rhe amount of~,~03. MSD TAX DISTRICT, BOULEVARD BANK, SUMMERLAND, #8, in the amount-of $675.67. MSD TAX DISTRICT, FL. FIRST NATL/SOUTHEAST, KEY WEST, #18~8~in the amount of $31,146.88. MSD TAX DISTRICT, MARINE BANK, MARATHON, #484-485, in the amount-of $287,599.76. 1981 IMPROVEMENT BONDS, INTEREST & SINKING FUND, #18, in t~mount of $347.64. 1981 IMPROVEMENT BONDS, CAPITAL PROJECTS FUND, #52, in the amount of $25.00. 1981 IMPROVEMENT BONDS, RESERVE ACCOUNT, #6, in the amount of-r262,528.98. Invoices to Kemp & Rosasco for auditing services provided to the County through March 2, 1984, in the amount of $2,490.25. Invoices to Kemp & Rosasco for preparation of separate financial statements and management letter for the Tourist Dvelopment Council ending September 30, 1983, in the amount of $2,693.25. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Payment in the amount of $36,904.78 for the month of February, 1984 to Post, Buckley, Schuh and Jernigan, Inc. Refund in the amount of $50.00 to Louis Ervin for variance not required; refund in the amount of $50.00 to Norman B. Norman for application for proposed addition to existing buildings not required; refund in the amount of $50.00 to Thomas Pope for variance not required. Approval of the following sites selected for collection of Hazardous Waste during "Amnesty Day:" Monroe County Garage Compound at Key West International Airport on May 9th and May 10th; Public Works Compound, Aviation Boulevard, Marathon on May 11th; Grounds of Government Center, Plantation Key on May 12th and May 13th. Approval for placement of SCSP Enrollees in the following private non-profit non-County worksites in accordance with the requirements of the National Council on the Aging, Inc. (the grantee agency for the SCSP): United Way, Helpline, Big Brothers/Big Sisters, Wesley House Day Care Center, Domestic Abuse Shelter, and Catholic Community Services. Approval of Permit Application of Coconut Grove Motel for Finger Piers, Pilings, Boat Ramp Extension & Fill; property located in Section 10, Township 66 South, Range 32 East, Thompson-Adams Subdivision, Lot 6, 4900 Overseas Highway, Mile Marker 49!, Vaca Key, Marathon. Approval of Permit Application of Beverly Enterprises for Fill; property located in Section 11, 14, Township 66 South, Range 32 East, 320 Sombrero Beach Road, Boot Key, Monroe County, Florida. I AA O~ ~ Approval of Permit Application of John Tori for Proposed Seawall & Fill Below Mean High Water Line; property located at Lot 4t Block 2t Summerland Cove Islest Summerland Key. Approval of Request from Personnel & Administrative Services Department for the following three positions: Receptionist/File Clerk at Salary Grade 28; Safety Specialist at Salary Grade 42; and Insurance Clerk at Salary Grade 31. UNFINISHED BUSINESS Approval of payment to Charley Toppino & Sonst Inc. in the amount of $91t761.00 for pavingt grading and draining on the Jr. College Road Project. Postponement of consideration of approval for of a variance of the Flood Hazard Ordinance for Mr. Ben Pumo until the next Plantation Key meeting. LEGAL DEPARTMENT ~ The Board discussed a proposed Emergency Ordinance concerning the Special Assessment in the Municipal Service District. Motion was made by Commissioner Harvey and seconded by Commissioner Swift that no Special Assessment would be in excess of 50% of the ad valorem tax would be allowed. The motion was ruled out of order by Chairmen Sorensen. The County Attorney and Mr. Aguero addressed the Board concerning the need for an Emergency Ordinance due to the financial situation concerning the Municipal Service District and also the penalties which were provided in the current ordinance which were due on April 1st. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to declare an emergency for the reasons as stated by the County Attorney and Mr. Aguerot the Manager of the Municipal Service Districtt and waiving the notice of public hearings requirements pursuant to Chapter 125.66 of the Florida Statutes. Motion carried unanimously. Motion was then made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the said Emergency Ordinance. During discussiont there was a motion made by Commissioner Harvey and seconded by Commissioner Swift to amend the Ordinance to provide that no Special Assessment would exceed 50% of the ad valorem tax. Roll call vote was taken on the motion to amend with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen No Yes Yes Yes No Motion carried. Roll call vote on motion to adopt the Ordinance as amended was then taken with the following results: .... Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen No Yes No No No Motion failed. AA 058 REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Dr. Jim Nicholas from Florida Atlantic University addressed the Board and made a presentation concerning Impact Fees. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to request that Mr. Charles Siemon with the consulting firm currently under contract with the County contact Dr. Nicholas and begin the necessary work to develop an Impact Fee structure for Monroe County. Motion carried unanimously with Mayor Sorensen not present. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following recom- mendation of the committee appointed to review possible changes in the structure of the Building Department: "BUILDING DEPARTMENT REORGANIZATION Phase I A. Employ as soon as possible, a Director of Building who will be a registered professional engineer and a State Certified Contractor. This person will have extensive administrative and management experience in the field of Building and Construction. B. Employ as soon as possible an Assistant Director of Building who shall be either a registered professional engineer or shall be a General Contractor with a minimum of 10 years experience as a General Contractor. This person will have considerable administrative and manag~ment experience in the field of Building and Construction. C. These top level managers will have their headquarters in Marathon. D. The employment of a professional Director of Building signifies that the Building Department is to be con- sidered a separate and distinct entity. The Director will report to the County Administrator and the County Commission. In addition, the Building Director is expected to work closely with the Planning and Zoning Director in a large number of functional areas. Phase II A. The Building Director will formulate a new overall organizational plan for the Building Department with the assistance of the County Administrator, the Director of Planning and Zoning and an advisory com- mittee from the Florida Keys Contractors Association. B. The Building Director shall evaluate, interview and select personnel for all field offices, giving due consideration to the organizational plan submitted to the Monroe County Commision by the Florida Keys Contractors Association. C. This plan will be adequate to provide timely and compe- tent service in the existing Building Department Districts. The Director shall also investigate the possibility of creating a satellite office in Upper Key Largo." AA 059 ~ ~ ~ Mr. Frank Greenman, representing the Contractors Association, then addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to amend the recommendation to provide that the Assistant Director and his office would be located in Marathon, and that the Director and his office would be located in Key West. Roll call vote on motion to amend was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen No Yes Yes Yes No Motion carried. Roll call vote on motion to adopt recommen- dation as amended was then taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes Yes Yes Yes No Motion carried. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS County Attorney Proby addressed the Board con- cerning a settlement offer in reference to the suit con- cerning Monroe County and U.S. Homes(Planters Pointe}. He advised the Board that the developers had agreed to convey 26.26 acres on the north side of Burton Drive to the County, a land trust in perpetuity, or to the Condominium Association, and to provide that restrictive covenants would be placed upon that land that would not allow for any building to take place thereon. The Board agreed that it should be conveyed to the Condominium Association with the restrictive covenants however to remain on the Tax Roll. Mr. Proby advised the Board that the 84 units that had been scheduled for the north side were removed and that reduction had been made to the 282 units on the south side only. The developers agreed that this would be in the form of a preli- minary approval only and that it ~ould have to go back to the Zoning Board for final approval. The County Attorney advised that the twenty original conditions placed upon the development would be met, with the exception of one which concerned the north side of Burton Drive and was therefore not applicable under this Agreement and the condition con- cerning parking beneath the building on the south side. After some discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to allow Mr. Fred Tittle, representing the developers, to study the pro- posed stipulation and come back to the Board. Motion carried unanimously. Miss Arlene Reiser addressed the Board and read a statement from the Upper Keys Citizens Association. Mr. Fred Tittle, attorney representing U.S. Homes, and other parties addressed the Board. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator discussed the current situation concerning RU-7/RU-3 properties and the limitation of shops placed in those zoning categories. Mr. Jim Lewis und Mr. Jim Kelsey addressed the Board concerning this item. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to accept the recommendation of Mr. Lewin that grandfathered RU-7 property does not have to meet the AA . 060 100-room requirement for accessory uses. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift directing the County Administrator to draft the necessary amendments to the Zoning Ordinance to accomplish this policy. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS The Board discussed the request of the Marathon Chamber of Commerce concerning July 4th and the use of Sombrero Beach. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to waive for one day the alcoholic beverage prohibition and allow the use of Sombrero Beach for the Fourth of July festivities. Motion carried unanimously. Mr. Jerome Shipley, attorney in Big Pine Key, addressed the Board concerning some zoning violations on Summerland Key and industrial uses in BU-2/RU-1 areas. Motion was made by Commissioner Swift and seconded by Mayor Sorensen to refer this to the Violations Department and direct the Inspectors and Mr. Young to work with the County Attorney and Mr. Shipley to cite any violations, if appropriate, and to resolve this matter and report back to the Board at the next meeting. Motion carried unanimously. Mr. Tittle, attorney for U.S. Homes, addressed the Board and advised that, in his opinion, the Stipulation met with his approval. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve the Agreement as outlined concerning U.S. Homes(Planters Pointe), and to approve the following Stipulation as written: IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR MONROE COUNTY MIRIAM B. HOOD, JOSEPH M. BURTON and U.S. HOME CORPORATION, Petitioners, v s . CASE NO. 83-20330-CA-17-33 . ZONING BOARD OF MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, MONROE COUNTY, and THE STATE ATTORNEY FOR THE 16TH JUDICIAL CIRCUIT, Respondents. S TIP U L A T ION The parties, by their undersigned attorneys, hereby stipulate to the entry of a Final Judgment in this action as follows: FINAL JUDGMENT 1. The community impact statement and preliminary development plan submitted by the Petitioners are hereby conditionally approved as described in Section 6-234(b) of - \ AA 06:1 the Monroe County Code, subject to all of the conditions set forth in Exhibit 17, in evidence, a copy of which is attached, except conditions numbered 3 and 12 in that Exhibit, and subject to the following conditions: a. That the final development plan eliminate from the development plan the two buildings (numbered 6 and 7) and the 84 dwelling units proposed to be constructed in them on the North side of Burton Drive. - b. That the final development plan require Petitioners to construct, at their expense, a right- turn lane, as shown in Exhibit 19, in evidence, from Burton Drive into the northbound lane of U.S. Highway No. 1. c. That the final development plan require all areas included in this major development project on the North side of Burton Drive of approximately 26 acres, except that portion thereof in the preliminary development plan shown for access, construction and maintenance of a sewer plant for this project to be included in the common elements of Planter's Pointe Condominium. That land on the North side of Burton Drive, which is subject to this provision, shall be divested by the Petitioners to the Condominium Association and the same shall be subject to a restrictive covenant at the time of transfer perpetually prohibiting any development of this property and requiring it be preserved in its natural state. ".... 2. As required by and in accordance with Section 6-234, the Zoning Board shall immediately issue written authorization to the Petitioners to prepare a final develop- ment plan of the proposed development to be submitted to the Zoning Official. ".... 3. As required by and in accordance with Section 6-235, after submission of all of the documents, data, plan changes, and other items required by conditional approval of the preliminary development plan, the Petitioners may submit a request for approval of the final development plan. 4. As required by and in a~cordance with Section 6-237, after a public hearing, the Zoning Board shall review and approve the final development plan if it is complete and is substantially in accordance with the conditionally approved preliminary development plan, fulfills the special conditions, and reflects all required certifications, and the Zoning Board shall rezone the property included in the major development project to RU-3 classification, to be developed in accordance with the final development plan. 5. That, in addition, the parties hereby stipulate that the Petitioners for themselves, and the Respondents, and Mary Lin Johnson, John Stormont, Alison Fahrer, Karen Sunderland and Peter Bacle, on their part shall mutually release each other from any and all actions and liability arising out of this action and a pending action filed in the U.S. District Court, Southern District of Florida, Case No. 83-2796-CIV-EPS, which the parties all agree shall be dismissed, with prejudice, and that they will, at that time, exchange mutual releases with all parties bearing their own costs and attorneys fees in all such actions. 6. The application of the provisions of this final judgment may not be suspended or delayed by imposition of any moratorium ordinance adopted by Monroe County. AA~~062 7. The Court reserves jurisdiction of this action to enforce the executory provisions of this judgment. DONE AND ORDERED in Chambers of the Monroe County Courthouse, at Plantation Key, Monroe County, Florida, this day of April, A.D. 1984. DAVID P. KIRWAN, Circuit Judge EXECUTED AND APPROVED by: LUCIEN C. PROBY, JR. Monroe County Attorney Representing Respondents JOHN T. BLAKELY, ESQ. Attorney for Petitioners Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes No No Yes Yes Motion carried. 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. Mr. Dale Syler addressed the Board concerning the continued appeal of the Sun Refining & Marketing Company's request 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. Syler requested a continuance due to the absence of his attorney. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to continue to the next Plantation Key meeting on May 4th. Motion carried unanimously. An appeal was heard concerning Ruth H. Bateman's request to reverse the decision rendered by the Monroe County Zoning Board in denying a change of zoning from RU-l to BU-2-Q with a BU-2B, on Lot 2, Block 4, 1st Addition to Lida Subdivision as recorded in Plat Book 4, Page 103, and located in Section 1, Township 66 South, Range 32 East. Marathon. Mr. Ralph Cunningham, attorney for Ruth H. Bateman, addressed the Board. L. E. Brown, attorney repre- senting adjacent and nearby property owners, addressed the Board concerning the appeal. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to deny the appeal and uphold the decision of the Zoning Board. AA 063 Roll call vote was taken and carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Sorensen directing Mr. Proby to prepare and the Chairman to execute a Resolution reflecting the decision of the Board to deny the appeal and uphold the decision of the Zoning Board. Motion carried unanimously. - RESOLUTION NO. 116-1984 See Res. Book No. 37 which is-rncorporated herein by reference. Captain James Best, Commanding Officer of the Naval Air Station, then addressed the Board concerning the appeal of the Department of Navy, Naval Air Station, Key West, requesting the Board to reverse the decision rendered by the Monroe County Zoning Board in approving a change of zoning from BU-1 to RU-1 on the northerly 75 feet of the West 1/2 of Tract B of Porpoise Point Section 5, as recorded in Plat Book 5, Page 119, and located in Section 22, Township 67 South, Range 26 East. Big Coppitt Key. Application origi- nally filed by Justo Maqueira. Mr. Jim Flenner, part owner, addressed the Board concerning the appeal. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to deny the appeal and uphold the decision of the Zoning Board and also approving the following Resolution acknowledging the action of the Board. 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. RESOLUTION NO. 117-1984 See Res. Book No. 37 which is-,ocorporated hereby in reference. LEGAL DEPARTMENT Motion was made by Commissioner Fahrer and seconded by Mayor Sorensen to strike from the Agenda consideration of a Resolution certifying adherence to Chapter 160-5.37, Part III, of the Boating Improvement Fund Rules & Regulations for the Garrison Bight Complex Project. Roll call vote was taken and carried unanimously with Commissioner Swift not present. Mr. Henry Hillman addressed the Board concerning consideration of the Resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between the Port & Transit Authority of Key West and Monroe County. Mr. Hillman informed the Board of his objec- tion to this Project. Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to postpone this item -- until the May 4th meeting at Plantation Key. Motion carried unanimously. AWARDING OF BIDS Mr. Bob Harris of the firm of Post, Buckley, Schuh ~ Jernigan, Inc. addressed the Board concerning the bids on Roadway Improvements to Key Vaca Road (Mile Marker 51). He informed the Board that it was their recommendation that the I AA 064 low bid of $69,085.10 by General Asphalt Co., Inc. be accepted. Motion was made by Commissioner Fahrer and seconded by Commissioner Hernandez to award the bid for Roadway Improvements to Key Vaca Road (Mile Marker 51) to General Asphalt Co., Inc. in the amount of $69,085.10, and authorizing the execution of the Contract. Motion carried unanimously. LEGAL DEPARTMENT ~ The Board then continued consideration of the adop- tion of an Emergency Ordinance concerning the Special Assessment in the Municipal Service District. Motion was made by Commissioner Swift and seconded by Commissioner Her- nandez to adopt the folowing Emergency Ordinance. 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. ORDINANCE NO. 014-1984 See Ord. Book No.7 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Release of Agreement between the County of Monroe, State of Florida, and Scharf Land Development Co. (Tamarac Park). Motion carried unanimously. RESOLUTION NO. 118-1984 See Res. Book No. 37 which is-rncorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Release of Agreement between the County of Monroe, State of Florida, and Scharf Land Development Co. (Eden Pines Colony). Motion carried unanimously. RESOLUTION NO. 119-1984 See Res. Book No. 37 which is-,ocorporated herein by reference. Motion was made by Mayor Sorensen and seconded by Commissioner Harvey to approve the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida and F & F Aircraft Leasing, Inc., d/b/a Finair Express (Key West International Airport). Motion carried unanimously. RESOLUTION NO. 120-1984 See Res. Book No. 37 which is-rncorporated herein by reference. I AA -065 ~ Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the Resolution incor- porating a Biological Assessment into the records concer~ing the application of the Florida Department of Transportatlon to remove an abandoned bridge, which measures 652~ feet long by 24 feet wide, the project site being located in Whale Harbor Channel. During discussion, motion was made by Mayor Sorensen and seconded by Commissioner Harvey to table this item. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve a Lease between Monroe County and Duncan Ford for the lease of one vehicle for use by the Director of the Social Services Department. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve a pay application from Charley Toppino & Sons for Jr. College Road in the Amount of $25,787.38. Motion carried unanimously. The County Administrator discussed the possible acquisition of Little Half-Moon Key by the County. Motion was made by Commissioner Harvey and seconded by Commissioner Fahrer to refer this matter to the County Administrator for a report back to the Board with more details. Motion carried unanimously. ~ Motion was made by Commissioner Harvey and seconded by Commissioner Swift approving the following Resolution authorizing all Violations Inspectors to issue citations. Motion carried unanimously. RESOLUTION NO. 122-1984 See Res. Book No. 37 which is-rncorporated herein by reference. REPORTS & RECOMMENDATIO~S OF BOARD MEMBERS .--- Mr. Fred Sellers addressed the Board and requested authority to make some modifications to the Airport Lounge and also advised the Board that his contract with Mr. Ryder had been cancelled due to Mr. Ryder1s default. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to authorize Mr. Sellers to finish the construction at the Airport Lounge at Key West International Airport with the approval of the Airport Director. Motion carried unani- mously. Mr. Sellers also requested that he be allowed to have entertainment at the Airport Lounge. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to amend the Lease Agreement to allow for entertainment of a wholesome variety, such as a three-piece combo, and directing the County Attorney to bring back to the Board a proposed amendment to the Lease for approval. Motion carried unanimously. REPORTS! RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve the variances of I AA 06& the Flood Harzard Ordinance to place a building to house an equipment rental business for Rene Guerra per staff recommendation. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve a variance of the Flood Harzard Ordinance to construct restroom facilities for Fisherman1s Point/Frank Greenman per staff recommen- dation. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve a variance of the Flood Hazard Ordinance to place a mobile home at the same elevation as surrounding mobile homes for Manuel and Mary Cruz per staff recommendation. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to postpone consideration of approval of a Permit Application for Fill of H. T. Pontine The motion ws withdrawn. Miss Christine Pontin addressed the Board concerning the Request. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to disapprove the Permit Ap~lication for Fill of H. T. Pontine Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen Yes Yes No Yes No Motion carried. After further discussion, motion was made by Commissioner Harvey and seconded by Commissioner Swift to reconsider this item. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to postpone consideration of this item until May 18th. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve the purchase of a Mini-Computer for the Hazardous Waste Program, with the funding to come from grant funds. Motion carried unanimously REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Harvey discussed the Higgs Beach Project. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to appoint Edward Stickney as the Project Director and to authorize him to negotiate with engineers and the Florida State Department of Transportation for the replacement of Road AlA to Flagler Avenue. Motion carried unanimously". Motion was made by Commissioner Harvey and seconded by Commissioner Swift authorizing the Project Director to advertise for the construction of three tennis courts, one handball court, one racquet ball court, and landscaping at the Higgs Beach Project. Motion carried unanimously. Mayor Sorensen discussed the meeting held on April 5th concerning the new proposed principles guiding develop- ment. Motion was made by Mayor Sorensen and seconded by Commissioner Swift to draft a Resolution requesting the Governor and the Cabinet to provide representatives to meet with the Monroe County Commission concerning the Florida Keys Rules for Guideline Developments, and authorizing the Chairman to sign the same. Motion carried unanimously. I \ AA 007 RESOLUTION NO. 123-1984 See Res. Book No. 37 which is-,ncorporated herein by reference. ~ Commissioner Harvey discussed the jail addition. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey calling for a Special Meeting on April 17th at 2:00 p.m. at the Marathon Courthouse for the purpose of awarding the bid for the construction of the jail addi- tion. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer authorizing the County Attorney to seek proposals and to proceed with the issuance of tax anticipation notes in an amount not to exce~d $400,000.00 to be used for the construction of the jail facility together with the funds received from the U. S. Marshal's Office. 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. Motion was made by Mayor Sorensen and seconded by Commissioner Hernandez to adopt the following Resolution to authorize the advertisement of the abandonment of an unnamed road owned by Arthur B. Lujan and Betty L. Lujan, his wife, on Key Haven for the May 4th meeting; said road being part of a parcel of land lying in Section 26, Township 67 South, __ Range 25 East, Monroe County, Florida. Motion carried unanimously. RESOLUTION NO. 124-1984 See Res. Book No. 37 which is-,ncorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen authorizing travel for the April 4th South Florida Regional Planning Council meeting, and also for travel of the Commissio~ers to the NACO conference to be held July 7th through July 10th in Seattle, Washington. Motion carried unanimously. Commissioner Swift discussed the appointments to the Redevelopment Authority. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to reappoint Mr. James R. Dean to the Redevelopment Authority upon the expiration of his current appointment. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Joint ~ Participation Agreement by and between the Board of County Commissioners of Monroe County, Florida and the State of Florida Department of Transportation for the Key West International Airport A.I.P. Project #3-12-0037-02, Master Plan Update. Motion carried unanimously. RESOLUTION NO. 125-1984 -See Res. Book No. 37 which is incorporated herein by reference. AA 008" Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Joint Participation Agreement by and between the Board of County Commissioners of Monroe County, Florida and the State of Florida Department of Transportation for the Marathon Airport Work Program Item No. 6596607, Master Plan Update. Motion carried unanimously. RESOLUTION NO. 126-1984 See Res. Book No. 37 which is incorporated herein by reference. Mr. Proby discussed the fact that the Upper Keys Airport Suit had been decided against the County and that he would be reviewing the same with the special counsel which had been employed by the Board and would report at the next meeting concerning the possibility of appeal. UNFINISHED BUSINESS Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve a variance of the Floor Hazard Ordinance for David Shephard for a cement block enclosure of a pole building on property zoned BU3-Y per staff recommendation. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Sorensen No Yes Yes Yes No Motion carried. Motion was made by Commissioner Hernandez and seconded by Mayor Sorensen to approve the application of Muriel Joan Schauffle Keith for a Home Occupational Fishing License as per Section 19-154(e) of the Monroe County Code. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez approving the following Resolutign authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between the Board of County Commissioners of Monroe County and the State of Florida Department of Transportation concerning four- laneing next to Marathon Airport. Motion carried unanimously. RESOLUTION NO. 127-1984 See Res. Book No. 37 which is-rncorporated herein by reference. Motion was made by Mayor Sorensen and seconded by Commissioner Swift to approve a variance of the Flood Hazard Ordinance for William and Lois Cotton, to place a mobile home at the same elevation as the surrounding mobile homes. Motion carried unanimously. There being no further business, the meeting was adjourned.