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05/18/1984 RegularAA 091 Regular Meeting Board of County Commissioners Friday, May 18, 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 Wilhelmina Harvey, Commissioner Jerry Hernandez, Commissioner Ed Swift, and Mayor Pro Tem Alison Fahrer. Absent from the meeting was Mayor Ken Sorensen. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the County's Consulting Engineers Firm; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. PUBLIC HEARINGS A public hearing was held on a proposed Ordinance revising Section 6-35(a) of Chapter 6, entitled "Buildings and Construction," concerning expiration of building per- mits, etc. Proof of publication was entered into the records. Motion was made by Commissioner Swift and seconded by -Commissioner Harvey to read the proposed Ordinance by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to adopt the following Ordinance providing that the Code of Ordinances be amended by revising Section 6-35(a) of Chapter 6, entitled "Buildings and Construction", of said Code; 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. Roll call vote was unanimous. ORDINANCE NO. 016-1984 See Ord. Book No. 7 which is incorporated herein by reference. A public hearing was held on a proposed Ordinance amending Section 19-180 by adding a new section to be num- bered 19-180(9) providing for monuments in a GU zone, etc. Proof of publication was entered into the records. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to have the Ordinance read by title only. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to continue this hearing until 5:00 p.m. During discussion, the motion was withdrawn. Mayor Pro Tem Fahrer called for public input. Grace Manello of Big Pine Key addressed the Board concerning the proposed Ordinance. Motion was made by Commissioner �.-- Swift and seconded by Commissioner Harvey to continue this hearing until 5:00 p.m. Roll call vote was unanimous. OPENING OF BIDS The Clerk advised the Board that he was in possession of three sealed bids for One Handball/Racquetball Court and Three Tennis Courts to be constructed at the County Beach, Key West, Monroe County, Florida. Proof of publication was entered into the records. Motion was made AA 092 by Commissioner Swift and seconded by Commissioner Harvey to authorize the Clerk to open the bids. Motion was carried unanimously. The following bids were received: Agile Courts Construction 7335 S. W. 104th Street Miami, Florida,33156 F & W Fencing Post Office Box 2414 Key West, Florida 33040 Frank Keevan & Son, Inc. 2nd Street, Stock Island Key West, Florida 33040 $409700.00 (TENNIS COURTS ONLY) $16,750.00 (FENCING ONLY) $17,115.00 (HANDBALL COURT) $39,870.00 (TENNIS COURTS) $56,985.00 (BOTH PROJECTS) Motion was made by Commissioner Swift and seconded by Commissioner Harvey to refer the bids to staff. Motion carried unanimously. The Clerk advised the Board that he was in possession of one sealed bid for the sale of surplus pro- perty. Proof of publication was entered into the records. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to authorize the Clerk to open the bid. Motion carried unanimously. The Clerk advised the Board that one bid had been received from Bowen Supply Company, Ltd., 301 North Palmer Street, Plant City, Florida 33566, in the total amount of $63.00. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to accept the bid and award to Bowen Supply Company, Ltd. Motion carried una- nimously. The Clerk advised the Board that he was in possession of three sealed bids for Terminal Improvement/CFR Building, AIP Project No. 3-12-0037-01 - Key West International Airport, Monroe County, Florida. Proof of publication was entered into the records. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to authorize the Clerk to open the bids. Motion was carried unanimously. The following bids were received: Frank Keevan & Son, Inc. $104,887.00 2nd Street, Stock Island Key West, Florida 33040 Shaver Construction Company $125,850.00 8881 S.W. 107th Avenue Miami, Florida 33176 F. N. Neal, Inc. $144,678.00 8282 S.W. 124th Street Miami, Florida 33156 Motion was made by Commissioner Harvey and seconded by Commissioner Swift to refer the bids to staff. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Swift and seconded by Commissioner Harvey to authorize the Legal Department to AA'093 advertise a public hearing on a proposed Ordinance amending Ordinance No. 008-1981 pertaining to fish peddlers. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to authorize the Legal Department to advertise a public hearing on a proposed Ordinance per- taining to a County Fire Marshall without the job descrip- tion attached. Roll call vote was unanimous. Mayor Pro Tem Fahrer discussed a proposed Resolution indicating the Board's policy to restructure the Municipal Service District funding. Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to approve the Resolution for restructuring of the Municipal Service District. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Hernandez No Commissioner Swift Yes Mayor Pro Tem Fahrer Yes Motion failed. Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer directing Mr. Aguero, Manager of the Municipal Service District, to make a study as to the impact on the fees in the District should the policy be adopted by the Board that the MSD be supported by user fees only and report back to the Board as soon as possible. Roll call vote was unanimous. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez authorizing the hiring of a professional consultant to study the MSD. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift No Mayor Pro Tem Fahrer No Motion failed. Motion was made by Commissioner Harvey and seconded by Commissioner Swift requesting the State Auditor to perform an audit on the accounts and records of the Municipal Service District. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Hernandez No Commissioner Swift Yes Mayor Pro Tem Fahrer No Motion failed. The petition of Harold L. Brossy and Helen G. Brossy for abandonment of southerly 50 feet of East Shore Drive in Atlantic Shores Subdivision on Key Vaca was withdrawn. REQUEST TO ADDRESS THE BOARD Mr. Daniel J. Horgan, United States Marshal, Southern District of Florida, presented the Honorable William A. Freeman, Jr., Sheriff of Monroe County, with a plaque of appreciation for his efforts in assisting the United States Marshal's Office. The members of the Board also extended their congratulations to Sheriff Freeman. AA -r094 LEGAL DEPARTMENT Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to approve a loan by the Sheriff's Department for the lease -purchase of 18 auto- mobiles and to adopt the following Resolution approving Promissory Note and Security Agreement by and between The Marine Bank of Monroe County, the Board of County Commissioners of Monroe County, Florida, and the Monroe County Sheriff's Department and authorizing the Chairman of the Board of County Commissioners to execute same. Motion carried unanimously. RESOLUTION NO. 147-1984 See Res. Book No. which is incorporated herein by reference. UNFINISHED BUSINESS Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to authorize the construction of a bicycle path near Sugarloaf Elementary School using County work forces and materials. Roll call vote was unanimous. The Resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement for Professional Services by and between Winifred Sheridan Smallwood and Monroe County was withdrawn. The Resolution authorizing the Chairman of the Board of County Commissioners to execute a Lease Agreement by and between the County of Monroe and the Marathon Flying Club was withdrawn. LEGAL DEPARTMENT Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve renewal of the Avis Rent A Car System Lease Agreement at Marathon Airport. During discussion, the motion was withdrawn. Mr. John E. Bigler, Jr., attorney representing Avis, addressed the Board and requested an extension of their Lease at Marathon Airport. Mr. Bob Ernst, representing the Middle Keys Citizens Association, addressed the Board concerning exclu- sive contracts. This matter was referred to the County Attorney for further review. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to allow a ninety -day extension on the existing Lease with Avis at the Marathon Airport. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to add the name of Ronald Lewis to those being considered for Variance to the Flood Hazard Ordinance. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve the Application for Variance to the Flood Hazard Ordinance from Casimir Miska to build a single-family house with a 402.5 square foot enclosure around an elevator to be located below the home on the south side of Key Vaca, Marathon, within the AA 095 subdivision known as Paraiso Estates. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift Yes Mayor Pro Tem Fahrer Yes Motion carried. Motion was made by Commissioner Hernandez to approve the Application for Variance to the Flood Hazard Ordinance from Tavernier Creek Marina for an already -built ground level structure to be used as a boat storage building located on the Bay side of U.S. 1 at Mile Marker 91. During discussion, motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to postpone for two weeks. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Hernandez No Commissioner Swift Yes Mayor Pro Tem Fahrer Yes Motion carried. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve the Applications for Variance to the Flood Hazard Ordinance from Stephen Acton and from Edward Arduino, each to place a mobile home at the same elevation as the surrounding mobile homes at property located on the Bay side of Key Largo, within the mobile home subdivision known as Bermuda Shores. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve the following Applications for Variance to the Flood Hazard Ordinance, per staff recommendation: Tim Daniels - to build a structure at ground eleva- tion, to be used for repair and storage of commercial fishing supplies, at property located in Marathon, on Lot 4, Parrish Subdivision, a portion of the Major Development known as Fisherman's Pointe. Tim Daniels - to build a structure at ground eleva- tion, to be used for repair and storage of commercial fishing supplies, at property located in Marathon, on Lot 51, Parrish Subdivision, a portion of the Major Development known as Fisherman's Pointe. Mike Richardson - to build a structure at ground elevation, to be used for repair and storage of commercial fishing supplies, at property located in Marathon, on Lot 24, Parrish Subdivision, a portion of the Major Development known as Fisherman's Pointe. Thomas Coppedge - to build a structure at ground elevation, to be used for repair and storage of commercial fishing supplies, at property located in Marathon, on Lot 16, Parrish Subdivision, a portion of the Major Development known as Fisherman's Pointe. Robert Allard - to build a structure at ground ele- vation, to be used for repair and storage of commercial fishing supplies, at property located in Marathon, on Lot AA 096 10, Parrish Subdivision, a portion of the Major Development known as Fisherman's Pointe. Mary Nopolille - to build a structure at ground elevation, to be used for repair and storage of commercial fishing supplies, at property located in Marathon, on Lot 22, Parrish Subdivision, a portion of the Major Development known as Fisherman's Pointe. Ronald Lewis - to build a structure at ground eleva- tion, to be used for repair and storage of commercial fishing supplies, at property located in Marathon, on Lot 11, Parrish Subdivision, a portion of the Major Development known as Fisherman's Pointe. Roll call vote was unanimous. Motion was made by Commissioner Hernandez to approve the Application for Variance to the Flood Hazard Ordinance from Harry and Elvira Mahoney to erect a structure to house office space for an electronics business to be located on the Bay side of U.S. 1 at Mile Marker 95.5. Motion died for lack of a -second. Motion was made by Commissioner Harvey and seconded by Mayor Pro Tem Fahrer to request further information concerning hardship as it relates to the request of the Mahoneys for a Variance. During discussion, the second was withdrawn and the motion died for lack of a second. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve the Application for Variance to the Flood Hazard Ordinance. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift Yes Mayor Pro Tem Fahrer Yes Motion carried. UNFINISHED BUSINESS AND REQUEST TO ADDRESS THE BOARD Tom Sawyer, Chairman of the Board of the Port and - Transit Authority, and Charles S. Hamlin, Director of the Port and Transit Authority, addressed the Board concerning the request for approval of a Boating Improvement Project Agreement. Mr. Henry Hillman addressed the Board and opposed the use of the funds at the Garrison Bight area due to the Port and Transit Authority's charging for the use of the boat ramp. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Agreement by and between the Port and Transit Authority of Key West and Monroe County, Florida. During discussion, Mr Pontin addressed the Board concerning fees. Roll call vote on the motion was unanimous. RESOLUTION NO. 148-1984 See Res. Book No. 37 which is incorporated herein by reference. REQUEST TO ADDRESS THE BOARD Mr. W. Randall Winter, Public Defender, addressed AA ' 09'7 the Board and presented checks totaling $7,977.50 which represented reimbursement on conflict cases. The Board also discussed at that time the addi- tional space that was available on the premises previously occupied by the Public Defender totaling approximately 1,200 square feet. Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to refer this matter to the County Administrator for a recommendation as to the use of that space. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to approve the following items by una- nimous consent: LEGAL DEPARTMENT Board adopted the following Resolution rescinding Resolution No. 136-1984 adopted by the Board of County Commissioners of Monroe County, Florida, on May 4, 1984, for the purpose of holding a public hearing at 5:00 p.m. on Friday, June 1, 1984, concerning the abandonment of Key Haven Road. RESOLUTION NO. 149-1984 See Res. Book No. 37 which is incorporated herein by reference. Board adopted the following Resolution concerning receipt of unanticipated funds. RESOLUTION NO. 150-1984 See Res. Book No. 37 which is incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 151-1984 See Res. Book No. 37 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Board approved payment of the following Fine and Forfeiture Expenditures: FINE & FORFEITURE FUNDS COURT -APPOINTED ATTORNEYS, Robert P. Duffy, in the amount of 80.00; Steven P. Shea, in the amount of $357.82. COURT REPORTER SERVICES, Certified Reporting Service, Inc., in the amount of $665.05; Island Reporting Service, Inc., in the amount of $48.50; Jill Middlemiss, in the amount of $81.25. REGULAR WITNESS FEES, Witness Payroll, in the amount of 230.00; Witness Travel, in the amount of $1,548.50. SWINDLER CASE, Jos. S. Schwartz & Assoc., in the amount of 93.60; Brenda Lewis Court Reporters, in the amount of $285.00; Forensic Sciences Research, in the amount of $219.50; Bob Cain, Photographer, in the amount of $135.00; Gerald Itkin, in the amount of $25.00. OTHER EXPENSES, Louis Spallone, Clerk, District Court, in the amount of $50.00. ® AA 98 Board approved the following Monroe County Advertising Commission expenditures: MONROE COUNTY ADVERTISING COMMISSION Stuart Newman Associates, Inv. #622, Newspapers $ 555.00 Stuart Newman Associates, Inv. #621, March Production 4,376.04 4,93 .04 Board approved the following Monroe County Tourist Development Council expenditures: MONROE COUNTY TOURIST DEVELOPMENT COUNCIL U. S. Postmaster $ 821.71 Key West Citizen 16.74 Key West Citizen 14.24 Monroe County Fine Arts Council 2,703.18 3,555.87 Board approved the following Warrants: W A R R A N T S GENERAL REVENUE FUND, #20441-#21038, in the amount Of $1,917,979.86. TOURIST DEVELOPMENT COUNCIL, #102, in the amount of $6,029.20. SUPPLEMENT TO THE GENERAL REVENUE FUND, #148-#149, in the amount of 33,28'Y.54. FINE & FORFEITURE FUND, #346-#348, in the amount of $801,192.40. ROAD & BRIDGE FUND, #284-#286, in the amount of $27131163.T17- - MONROE COUNTY GROUP INSURANCE, #547, in the amount of $34,252.33. MSD, FLA. FIRST NATIONAL BANK KEY WEST, #193-#195; in the amount of 2T3,889.31-.— AIRPORT OPERATION & MAINTENANCE FUND, #219-#222, in the amount of 40,3 6� 95. 1981 IMPROVEMENT BONDS/INTEREST & SINKING, #20, in the amount of 378. 8. LAW LIBRARY FUND, #116, in the amount of $997.04. CARD SOUND BRIDGE REVENUE FUND, #34-#35, in the amount of-$5,51 .1-9. MSD TAX DISTRICT, (MARINE BANK), #498-#499, in the amount of�$-58 - 0.02. WORKMENS COMPENSATION, #935-#964, in the amount of $52,408.88. TRANSLATOR ACCOUNT, #35-#36, in the amount of $31,453.47. AA 099 MONROE COUNTY SELF -INSURED GROUP INSURANCE FUND, #02, in t� amount off—$ . REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Board approved payment in the amount of $325.00 to Risk Control Associates, Inc., for consultant services for the month of April, 1984. Board authorized the following refunds of monies paid for permits and/or applications: Warren Werling, in the amount of $30.00, due to decision not to build. Terry L. Jones, in the amount of $75.00, due to inability to use his A/C Contractor Class "C" License. Pinewood Enterprises, Inc. (Gerald T. Ferdon), in the amount of $30.00, due to the fact that no environmental review by County Biologist was not necessary. John F. Hargroves, Jr. and Agnes S. Hargroves, in the amount of $50.00, due to the fact that a Flood Variance was not necessary. Key Largo Ocean Resorts Co-op, in the amount of $50.00, due to being a non -substantial improvement. Kenneth and Elsie Scheer, in the amount of $741.90, due to their inability to build. Board approved a permit application from Terrence R. Johnson for a seawall on Lot 28, Block 3, Breezeswept Beach Estates, Ramrod Key, zoned RU-1. Board approved a permit application from Robert Dean for riprap boulders along a subtidal shelf of his canal at Lot 10, Block 8, Key Haven Subdivision. Board approved payment of Invoice No. 25 to Post, Buckley, Schuh & Jernigan, Inc., in the amount of $15,102.46, for services rendered during the month of March, 1984 for the Municipal Service District. Board approved the Purchase of Service Contract between Monroe County Transporation Program and Department of Health and Rehabilitative Services for the Fiscal Year July 1, 1984 through June 30, 1985. Board approved the appointments of Alice Terry, Jean Karol, and Florelle Strive to the Monroe County Commission on the Status of Women. Board approved admission of Margaret H. Garnett to Bayshore Manor, effective May 15, 1984. ^ IIBoard approved admission of Gladys W. Kuhn to Bayshore Manor, effective May 15, 1984. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Mr. Howard Glassman, State Coordinator, and Mr. Dennis G. Thompson, Community Assistance Consultant, for the National Flood Insurance Program of the Department of AA ` 1,00 Community Affairs addressed the Board concerning the work that the Department and Mr. Thompson were doing with grant funds concerning Monroe County and the National Flood Insurance Program. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Swift and seconded by Commissioner Harvey to consider at this time a permit application from Joseph Fisher for a boat basin on property located at Township 67 South, Range 28 East, Section J, Block RE 20057, Lot 8, Ocean Drive and Sunset Boulevard, Summerland Estates, Summerland Key, zoned RU-1. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve the appli- cation per staff recommendtion. During discussion, the motion was withdrawn. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve at a minus five-foot depth. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift No Mayor Pro Tem Fahrer No Motion failed. Motion seconded by Mayor Pro mendation. Roll call results: was made by Commissioner Swift and Tem Fahrer to approve per staff recom- vote was taken with the following Commissioner Harvey Commissioner Hernandez Commissioner Swift Mayor Pro Tem Fahrer Motion carried. UNFINISHED BUSINESS No Yes Yes Yes Mr. H. T. Pontin discussed his request for approval for a permit application for fill and also the content of the County Biologist's report. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to grant the permit. During discussion, motion was made by Commissioner Harvey to postpone for two weeks, pending receipt of further information. Motion died for lack of a second. Roll call vote was taken on the original motion with the following results: Commissioner Harvey No Commissioner Hernandez Yes Commissioner Swift No Mayor Pro Tem Fahrer No Motion failed. LEGAL DEPARTMENT Mr. Winfield Chasmar of Big Pine Key addressed the Board and objected to the passage of a Resolution granting the Monroe County Administrator authority to be the County's Contracting Agent during times of emergency and waiving bidding requirements as allowed by Florida Statutes, Chapter 252.38(6)(e). Janice Drewing of the Monroe County Civil Defense Department addressed the Board concerning the need AA 101' P. - for the Resolution. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to postpone this item for two weeks. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift No Mayor Pro Tem Fahrer Yes Motion carried. Motion was made by Commissioner Harvey and seconded by Mayor Pro Tem Fahrer to postpone for two weeks the Resolution requesting the State of Florida to close all State offices in Monroe County at declaration of Hurricane Watch by the National Hurricane Center for any portion of Monroe County, and the Resolution requesting the Monroe County School Board to close all schools in Monroe County at the time that a Hurricane Watch is declared by the National Hurricane Center for any portion of Monroe County. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift No Mayor Pro Tem Fahrer Yes Motion carried. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following Resolution setting a date for a public hearing on the peti- tion of Robert J. Paterno and Mary Dell Paterno for the County to renounce and disclaim any right in and to the easement in all of Lot 9 and part of Lot 8, Block 2, Key Haven, Tenth Addition, and also including the requirement that the Key Haven Civic Association be notified. Roll call vote was unanimous. RESOLUTION NO. 152-1984 See Res. Book No. 37 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Swift discussed the possible creation of a Redevelopment Authority in the Marathon area. Mr. Bill Daniels, Chairman of the Future Direction of Marathon Committee, addressed the Board concerning the need. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey directing that Senator Plummer be contacted and requested to draft a Bill which would provide for the creation of a Redevelopment Authority in the Marathon area. During discussion, the motion was withdrawn. Mr. Jim Kepley of Grassy Key, James Noone of Marathon, Bob Ernst of the Middle Keys Citizens Association, and Jim Lewis of the Future Direction of Marathon Committee, addressed the Board concerning this matter. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey directing that Senator Plummer be contacted and requested to draft a Bill which would provide for the creation of a Redevelopment Authority in the Marathon area without provi- sions for taxing authority. During discussion, motion was made by Mayor Pro Tem Fahrer to restrict the area to the Island of Key Vaca and the Seven Mile Bridge. During discussion of that motion to amend, Mayor Pro Tem Fahrer AA .. 102 withdrew the motion. Roll call vote was then taken on the original motion with the following results: Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift Yes Mayor Pro Tem Fahrer Yes Motion carried unanimously. Commissioner Swift discussed his meeting with representatives of the University of Miami concerning the future use of Pigeon Key and the request for a Sublease with the Disney Group for the temporary use of a portion of the Pigeon Key property as a holding facility for sea life which would be used in their Living Seas Pavilion. The following individuals spoke concerning this matter: James Noone - opposed; George Butler - favored; George Simone of the Marathon Chamber of Commerce - favored; Bill Daniels of Marine Bank -favored; Jim Lewis - favored; Tony Malfa asked some questions concerning the proposal; Jane Rodriguez of the Dolphin Research Center; Winfield Chazmar; and Arlene Reiser. Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to bring a proposed Sublease Agreement to the next meeting of the Board of County Commissioners and also authorizing the TDC to negotiate for the best possible advertising deal with the Disney Group and also to amend the current Lease with the University of Miami concerning Pigeon Key. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Hernandez No Commissioner Swift Yes Mayor Pro Tem Fahrer Yes Motion failed. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to advise the University of Miami that the County is not willing at this time to authorize a Sublease Agreement with the Disney Group for the use of a portion of Pigeon Key. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift No Mayor Pro Tem Fahrer No Motion failed. After further discussion, Mayor Pro Tem Fahrer appointed Commissioner Swift to discuss the proposal with the TDC and to report back at the next meeting of the Board . Mr. Sellers, operator of the Conch Flyer at the Key West International Airport, addressed the Board concerning a problem with the City of Key West and their demands to enforce the hours of operation which currently exist in the City of Key West upon the operation of the Conch Flyer which is on County property at Key West International Airport. This matter was referred to the County Attorney for proper disposition. PUBLIC HEARINGS The public hearing re -convened on the proposed AA 103 Ordinance amending Section 19-180 by adding a new section to be numbered 19-180(9) providing for monuments in a GU zone, etc. Proof of publication was entered into the records. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to have the Ordinance read by title only. Motion carried unanimously. There was no public discussion. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to continue until the next advertised public hearing. Motion carried unanimously. A public hearing was held on a proposed Ordinance repealing Ordinance No. 027-1983 and amending Section 6-234(e), Monroe County Code, to provide for appeal of Zoning Board decision on preliminary and final development plan, etc. Proof of publication was entered into the records. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to read the proposed Ordinance by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following Ordinance repealing Ordinance No. 027-1983 relating to appeal of Zoning Board decision on preliminary and final Board decision on preliminary and final development plan to Board of County Commissioners; amending Section 6-234(e), Monroe County Code, to provide for appeal of Zoning Board decision on preliminary and final development plan to Board of County Commissioners pursuant to Section 8(2), Chapter 61-2503, Laws of Florida; to provide for lapse of prelimi- nary development plan within one year from Zoning Board or Board of County Commissioners' action; providing for severability; providing that all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed; providing for inclusion in the Code; providing for an effective date. Roll call vote was unanimous. ORDINANCE NO. 017-1984 See Ord. Book No. 7 which is incorporated herein by reference. A public hearing was held on a proposed Ordinance repealing Ordinance No. 028-1983 and amending Section 19-234(d) and (f), Monroe County Code, to provide for appeal of Zoning Board decision on preliminary and final PUD pro- ject plat, etc. Proof of publication was entered into the records. Motion was made by Mayor Pro Tem Fahrer and seconded by Commissioner Hernandez to read the proposed Ordinance by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following Ordinance repealing Ordinance No. 028-1983 relating to appeal of Zoning Board decision on preliminary and final PUD project plat to Board of County Commissioners; amending Section 19-234(d) and (f), Monroe County Code, to provide for appeal of Zoning Board decision on preliminary and final PUD project plat to Board of County Commissioners pursuant to Section 8(2), Chapter 61-2503, Laws of Florida; providing for severability; providing that all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed; providing for inclusion in the Code; and to provide an effective date. Roll call vote was unanimous. ORDINANCE NO. 018-1984 See Ord. Book No. which i ncorporated herein by reference. AA 104 REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The Board then reviewed six Building Permit viola- tions in the Key Largo area. Mr. Proby addressed the Board and requested that the Commissioners authorize him and Mr. Ernie Young to perform a complete investigation of these issues prior to the Board's consideration of them. Mr. Fred Tittle, representing Chris Padgett and Jerry Moeller, requested permission to address the Board. Mr. Tittle then proceeded to address the Board concerning the permit of Chris Padgett. After discussion, motion was made by Mayor Pro Tem Fahrer and seconded by Commissioner Hernandez authorizing the refund of the appeal fee in the amount of $200.00 to Chris Padgett and also authorizing her to proceed with construction and directing the County Building Department to issue a Certificate of Occupancy immediately upon completion. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Hernandez Yes Commissioner Swift No Mayor Pro Tem Fahrer Yes Motion carried. Motion was made by Pro Tem Fahrer and seconded by Commissioner Swift to delay consideration of the remaining cases until the meeting of June 1, 1984, in Key West at 11:00 a.m. During discussion of this motion, James Brown addressed the Board. Roll call vote was unanimous. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to approve the following Budget Schedule for 1984-85 and also specifying the September 5th Tentative Budget Hearing to be held at Key West. Motion carried unanimously with Commissioner Hernandez absent. Date Description Authority 7/13/84 Budget Officer submits Tentative Budget F.S. 129. to Board of County Commissioners 7/27/84 Board of County Commissioners advises F.S. 20O.C55 Property Appraiser and Tax Collector (2)(b) of proposed millage rates, rolled back rates, and day, time and place of hear- ing; and aggregate maximum millage 8/24/84 Advertise. Notice of Public Budget Hear- Section 51,14 ing on Use of Federal Revenue Sharing Fed. Regis er 9/05/84 Board of County Commissioners holds F.S. 200.055 First Public Budget Hearing on Ten- (2)(c) tative Budget and Proposed Millage Rates; and to amend and adopt Tenta- tive Budget 9/18/84 Advertise intent to adopt a Final F.S. 200.065 Budget and Millage Rates (2)(d) 9/21/84 Board of County Commissioners holds F.S. 200.0 5 Second and Final Public Hearing to (2)(d) amend adopted Tentative Budget; to adopt Final Budget; and to adopt Millage Rates AA 105 The Board acknowledged receipt of the Sheriff's Budget for Fiscal Year 1984-85. The Board acknowledged receipt of the Budget of the Clerk of the Circuit Court for Fiscal Year 1984-85. Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to appoint Commissioner Harvey to represent the Board on the Audit Selection Committee. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to approve a correction of Page 248Z of the Minutes of January 27, 1984, so that said Minutes will now read as follows: "Motion was made by Chairman Harvey and seconded by Commissioner Fahrer to appoint Michael Whalton to the Tourist Development Council to replace Rick Easton for a four (4) year term effective immediately. Motion carried unanimously with Commissioner Hernandez absent." Motion carried unanimously with Commissioner Hernandez absent. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Mr. Lewin advised the Board that he was in possession of two proposals to replace the guard rails at the Card Sound Bridge. Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to award the job to E-3, Inc. in the amount of $11,721.15 to replace the railing at the Card Sound Bridge. Motion carried unani- mously with Commissioner Hernandez absent. Motion was made by Commissioner Swift and seconded by Commissioner Harvey authorizing the Big Pine Athletic Association to use Watson Field on the Fourth of July. Motion carried unanimously with Commissioner Hernandez absent. Motion was made by Mayor -Pro Tem Fahrer and seconded by Commissioner Swift authorizing the County Administrator to create the classification and job descrip- tion of Executive Director of the Tourist Development Council at a starting salary between $25,000.00 and $30,000.00 per year. Motion carried unanimously with Commmissioner Hernandez absent. The County Administrator discussed the possible purchase of the USO Building. No action was taken. Motion was made by Mayor Pro Tem Fahrer to deny the request of a waiver of a Permit Fee to Lord of the Sea Lutheran Church in the amount of $168.00. During discussion, the motion was withdrawn. Ms. Astra DeBremont, representing the Church, addressed the Board and requested that the item be withdrawn from consideration. Mr. Lewin advised the Board that he had made an appointment with Senator Lawton Chiles and Congressman Dante Fascell for May 31, 1984 at 10:30 a.m. in Congressman Fascell's office for the purpose of discussing the FEMA Regulations. Motion was made by Commissioner Swift and seconded AA 1OG by Mayor Pro Tem Fahrer to approve draft changes to the Memorandum of Agreement between the County and the Department of Community Affairs concerning the development of a comprehensive plan and land development regulations. Motion carried unanimously with Commissioner Hernandez being absent. Mr. Lewin discussed the following proposal received from the School Board for the purchase of Truman School: 1. $900,000.00 to be paid in the following manner: a. $100,000.00 down -payment in Fiscal Year 1984-85. b. $160,000.00 per year (interest free) for five years commencing in 1985-86. These payments would be due February 1st of each year 1985-86 through 1989-90. 2. Forgive the School Board those past dollars owed to Monroe County from the Key Deer Refuge. 3. The School Board will receive its 1982-83 Key Deer allocation. 4. Should the sale of Douglass School be consum- mated for the express purpose of a shopping center and condominiums, that the County prop- erty taxes collected on this tract of land for the first 20 years will be conveyed to the School Board. Motion was made by Commissioner Harvey and seconded by Commissioner Swift to review the proposal and report back in two weeks. Motion carried unanimously with Commissioner Hernandez being absent. The Board postponed for two weeks consideration of the approval for a request for a 5-year extension, 1/1/88 to 1/1/93, for each of four franchises - Bland Disposal, Inc.-; Marathon Garbage Service, Inc.; Islamorada Disposal, Inc.; and John E. Carter, Inc., d/b/a Keys Sanitary Service. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Swift discussed recent legislation which authorized an' optional 1% sales tax levied during the calendar year of 1985 for the purpose of criminal justice facilities. It was stated that this item would have to be approved at a Referendum in November on General Election Day. The Board decided to consider this matter when the full Board was present. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to postpone this item for two weeks. Motion carried unanimously with Commissioner Hernandez being absent. Commissioner Swift discussed exemption of permit and other fees for various organizations. Action was deferred until a full Board was present. Mayor Pro Tem Fahrer discussed the placement of lights from Coco Plum Road and U. S. 1 in a letter recently AA 107 1 r received from the Florida action was taken. Commissioner Swif Road Project. Motion was seconded by Commissioner H request that DOT relinquis Old Card Sound Road to the mously with Commissioner H Commissioner Swif Summerland Key Property Ow several complaints in that Commissioner Swif recent meeting with the De relative to the proposed r action was taken. Commissioner Hary ground -breaking ceremonies be Thursday, May 24th at 1 Commissioner Hary Seven Mile Bridge. Motion and seconded by Commission write a letter to DOT conc bridges and requesting tha unanimously with Commissio Motion was made b by Mayor Pro Tem Fahrer to Harvey to the Health Advis 21st of May. Motion carri Hernandez being absent. Mayor Pro Tem Fah the execution of contracts County Attorney for his re epartment of Transporation. No discussed the Card Sound Bridge ade by Commissioner Swift and rvey directing Mr. Lewin to; the State's interest in and to County. Motion carried unani- rnandez being absent. read a letter from the ers Association concerning ,I area. and Dr. Jeff Doyle discussed a artment of Community Affairs les guiding development. No i y advised the Board that the for the new Jail Addition would .00 a.m. y dis,cussed graffitti on the was made by Commissioner Harvey r Swift directing Mr. Lewin;to rning graffitti on all of the they be painted. Motion carried er Hernandez being absent. Commissioner Swift and seconded approve travel for Commiss Toner ry Board meeting in Miami on the d unanimously with Commissioner j� i er discussed methods to expedite This matter was referred to the ommendation. .1 There being no fuCther business, the meeting adjourned. was I