06/10/1983 RegularZ033
Regular Meeting
Board of County Commissioners
Friday, June 10, 1983
10:00 A.M., Marathon, Florida
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 Ken Sorensen,
Commissioner Ed Swift and Mayor Jerry Hernandez, Jr. Also
present were Danny L. Kolhage, Deputy Clerk; Lucien Proby,
County Attorney; Kermit Lewin, County Administrator; Members
of the County's Consulting Engineering Firm; 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
First item was a public hearing on a proposed ordi-
nance providing that the Code of Ordinances be amended by
revising Section 8-20 entitled "When Special Assessments
due; collection" of Chapter 8 entitled "Garbage, Trash and
Refuse" of said Code; providing for an increase in interest
rate to 12% per annum and an increase in cost of
abstracting and recording costs to fifteen dollars
($15.00); etc. Proof of publication was entered into the
records. Motion was made by Commissioner Fahrer and
seconded by Commissioner Harvey to read the proposed ordi-
nance by title only. Motion carried unanimously. There was
no public participation. Motion was made by Commissioner
Fahrer and seconded by Commissioner Swift to adopt said
ordinance. Motion carried unanimously.
ORDINANCE NO.011-1983
See Ord. Book No. 6 which is incorporated herein by
reference.
Next was a public hearing on a proposed ordinance
authorizing expenditure of budgeted funds for the use of Old
Tavernier Town Association, Inc., a Florida Corporation,
not -for -profit; providing for the declaration of a public
purpose; etc. Proof of publication was entered into the
records. Motion was made by Commissioner Fahrer and
seconded by Commissioner Sorensen to read the proposed ordi-
nance by title only. Motion carried unanimously. Mr. Joe
MikIas, P.A., addressed the Board and favored the adoption
of the ordinance. Motion was made by Commissioner Fahrer
and seconded by Commissioner Swift to adopt said ordinance.
Motion carried unanimously.
ORDINANCE NO.012-1983
See Ord. Book No. 6 which is incorporated herein by
reference.
A public hearing was held on a proposed ordinance
amending Ordinance No. 10-1981 as codified in Chapter 6 of
the Monroe County Code, said amendment pertaining to
building permit fees and amending the Chapter referring
thereto; etc. Proof of publication was entered into the
records. Motion was made by Commissioner Sorensen and
seconded by Commissioner Harvey to read the proposed ordi-
nance by title only. Motion carried unanimously. Mr. Jim
Thompkin of Tamarac Park favored the ordinance. Ms. Helen
Divoll of Sugarloaf Shores favored the ordinance. Motion
was made by Commissioner Harvey and seconded by Commissioner
Fahrer to adopt said ordinance. Roll call vote was taken and
carried with Commissioner Sorensen voting no.
114
84
62
84
17
84
18
0034 Z
114
84
17
16
129
84
ORDINANCE NO.O13-1983
See Ord. Book No. 6 which is incorporated herein by
reference.
Next item was a public hearing on a proposed ordi-
nance imposing a tax not to exceed four cents (40 per
gallon on all motor fuel and special fuel sold in the unin-
corporated portions of the County; etc. Proof of publica-
tion was entered into the records. Mr. Harris of Post,
Buckley, Schuh and Jernigan, Inc., discussed and briefly
explained the proposed ordinance. Mr. Stickney, Public
Works Director, also addressed the Board and the public con-
cerning the distribution of the funds derived from the gas
tax. Ms. Marilyn Johnson asked some questions about the
tax. Motion was made by Commissioner Sorensen and seconded
by Commissioner Fahrer to read the proposed ordinance by
title only. Motion carried unanimously. Mr. Bill Moore of
the Organized Fishermen of Florida questioned some parts of
the ordinance. Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to adopt said ordinance
levying a four cents (4t) Gas Tax for a period of four (4)
years and in accordance with the following distrubition for-
mula concerning the distribution of funds to the County and
municipalities:
City of
Key West
35%
61.8
City of
Key Colony Beach
2%
4.5
City of
Layton
1%
1.5
County
of Monroe
62%
450.0
During discussion motion was made by Commissioner Harvey and
seconded by Commissioner Swift to continue the public
hearing until 3:30 P.M. During discussion of this motion
the motion was withdrawn by the maker. The Board then
recessed for five (5) minutes. The Board re -convened with
everyone present. Motion was made by Mayor Hernandez to
amend the ordinance to provide for a referendum on the
issue. During discussion and upon advise of the County
Attorney the motion was withdrawn. Roll call vote was taken
on the original motion and carried with Commissioner Harvey
and Mayor Hernandez voting no. Motion failed due to the
lack of a four/fifth majority as required by Florida
Statutes. Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to adopt the following ordi-
nance levying a four cents (4t) Gas Tax for a period of
three (3) years. Roll call vote was taken and carried with
Mayor Hernandez voting no.
ORDINANCE NO.14 -1983
See Ord. Book No. 6 which is incorporated herein by
reference.
A public hearing was continued on a proposed ordi-
nance regulating the use of County bridges for the purpose
of net fishing for shrimp, etc. Proof of publication was
previously entered into the records. Motion was made by
Commissioner Fahrer and seconded by Commissioner Swift to
read the proposed ordinance by title only. Mr. Bill Moore
of the Organized Fishermen of Florida supported the proposed
ordinance. Mrs. Connie Ball of Islamorada and Mr. Walter
Rambough of Key Colony Beach opposed the proposed ordinance.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Swift to adopt said ordinance. During
discussion a motion was made by Commissioner Harvey and
seconded by Commissioner Sorensen to amend the ordinance to
allow nets of a size not to exceed four (4) feet by two (2)
feet. Roll call vote was taken on the amendment and carried
with Commissioner Fahrer voting no. During discussion of
the motion to adopt as amended a motion was made by
ZO35
Commisioner Swift to table the ordinance. Motion died for
lack of a second. Roll call vote was taken on the original
motion to adopt as amended and failed with Commissioner
Fahrer, Commissioner Sorensen, Commissioner Swift, and
Chairman Hernandez voting no.
REQUEST TO ADDRESS THE BOARD
Dr. Jose J. Bofill, Monroe County Medical Director,
addressed the Board concerning the work and programs of the
Health Clinic during the previous year. He also introduced
Dr. Leroy Dunsmore, the new Business Manager, at the clinic.
No action was taken.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Commissioner Fahrer discussed a resolution naming
the AARP Building in Marathon after Melvin Levitt. Motion
was made by Commissioner Sorensen and seconded by
Commissioner Swift to authorize the Attorney to prepare and
the Chairman to execute the following resolution concerning
the AARP Building in Marathon. Motion carried unanimously.
RESOLUTION NO.178-1983
See Res. Book No. 33 which is incorporated herein by
reference.
Motion was made by Commissioner Sorensen and
seconded Commissioner Fahrer authorizing the County Attorney
to prepare and the Chairman to execute the following resolu-
tion approving the naming of and the placement of a plaque
at the Marathon Library in recognition of Mayor George E.
Dolezal and his efforts in making this Marathon Library a
reality. Roll call vote was taken and carried unanimously.
RESOLUTION NO.179-1983
See Res. Book No. 33 which is incorporated herein by
reference.
LEGAL DEPARTMENT
Motion was made by Commissioner Harvey and seconded
by Commissioner Sorensen to adopt the following resolution
approving the issuance of Industrial Development Bonds to
finance a 120-bed skilled and intermediate care nursing
facility for Beverly Enterprises, Inc., d/b/a Beverly -Gulf
Coast, Inc. Motion carried unanimously.
RESOLUTION NO.180-1983
See Res. Book No. 33 which is incorporated herein by
reference.
The meeting recessed at this time for lunch.
District 2 Board of Governors
2:00 P.M.
The Board of County Commissioners sat as the Board
of Governors, District 2. Present and answering to roll
call were Commissioners Fahrer, Harvey, and Hernandez from
the Monroe County Board of Commissioners and Commissioners
Radom and Wright from the Key Colony Beach City Commission.
Also present were Danny L. Kolhage, Deputy Clerk; Lucien
Proby, County Attorney; Kermit Lewin, County Administrator;
members of the Press and Radio; and general public.
109
65
80
I
90
99
77
99
15
132
First item was the opening of sealed bids for the
refurbishment of a 1976 Ford Tanker for the Municipal 13
p 123
Service District No. 2. Proof of publication was entered
into the records. Motion was made by Fahrer and seconded by
036 Z
Commissioner Harvey to authorize the Clerk to open the bids.
Motion carried unanimously. The Clerk advised the Board he
was in receipt of the following bids:
Bulldog Fire Apparatus Sales
Div. of Jackson Productions, Inc.
851 Maguire Road
Ocoee (Orlando), Florida 32761 $54,645.00
Emergency One, Inc.
1701 S.W. 37th Avenue
Ocala, Florida 32670 $67,605.00
Motion was made by Commissioner Fahrer and seconded by
Commissioner Harvey to refer the bids to staff. Motion
carried unanimously.
Next item was consideration of proposals from
lending institutions for a loan to the Municipal Service
54 Taxing District 2 in the amount of $70,000.00. The Clerk
12 advised the Board of the following proposals:
123 Florida Keys First State Bank - 11.1%
17
Boulevard Bank - 8.25%
The Islamorada Bank - 7.65%
The Marine Bank of Marathon - 7.0%
Motion was made by Commissioner Radom and seconded by
Commissioner Wright to accept the proposal of The Marine
Bank of Marathon for a Tax Anticipation Note at the rate of
7.0%. Roll call vote was taken and carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey to add to the agenda a resolution
99 concerning unanticipated funds. Motion carried unanimously.
17 Motion was made by Commissioner Fahrer and seconded by
Commissioner Wright to adopt the following resolution con-
cerning receipt of unanticipated funds. Motion carried una-
nimously.
RESOLUTION NO.004-1983
See Res. Book "A" which is incorporated herein by reference.
Motion was made by Commissioner Radom to adjourn
the meeting. Motion carried unanimously.
Regular Meeting Re -convened
The regular meeting re -convened after the District
2 meeting with everyone present.
LEGAL DEPARTMENT
Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey to adopt the following resolution
99 authorizing the Chairman of the Board of County
34 Commissioners to execute an Agreement by and between the
85 Board of County Commissioners and the Big Pine Key Athletic
Association, Inc. Motion carried unanimously with
Commissioner Sorensen not present.
RESOLUTION NO.181-1983
See Res. Book No. 33 which is incorporated herein by
reference.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to adopt the following reso-
lution rescinding Resolution No. 237-1982 adopted by the
Board of County Commissioners on September 20, 1982
Z 03 7
authorizing execution of a Sign Lease by and between the
Board of County Commissioners and Keys Chevrolet Cadillac
Oldsmobile, Inc., d/b/a Keys Chevrolet Rent-A-Car. Motion
carried unanimously.
RESOLUTION NO.182-1983
See Res. Book No. 33 which is incorporated herein by
reference.
The Board then discussed Resolution No.181-1983
which was just adopted regarding the Big Pine Key Athletic
Association, Inc. Motion was made by Commissioner Swift and
seconded by Commissioner Harvey to amend Resolution
No.181-1983 to provide that the agreement will run con-
current with the Lease -Agreement between the Board of County
Commissioners and the Big Pine Key Athletic Association.
Motion carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to adopt the following items
by unanimous consent:
Board adopted the following resolution rescinding
Resolution No. 321-1982 adopted by the Board of County
Commissioners on December 13, 1982 authorizing execution of
a Lease Agreement for tie -down space at the Marathon Airport
by and between the Board of County Commissioners and Cheryl
McPherron.
RESOLUTION NO.183-1983
See Res. Book No. 33 which is incorporated herein by
reference.
Board adopted the following resolution rescinding
Resolution No. 322-1982 adopted by the Board of County
Commissioners on December 13, 1982 authorizing execution of
a Lease Agreement for tie -down space at the Marathon Airport
by and between the Board of County Commissioners and Ken
Agnew.
RESOLUTION NO.184-1983
See Res. Book No. 33 which is incorporated herein by
reference.
Board adopted the following resolution authorizing
James W. Baker to execute in behalf of Monroe County, Notice
of Liens and Satisfaction of Liens relating to the Special
Assessment for solid waste collection and disposal. Motion
carried unanimously.
RESOLUTION NO.185-1983
See Res. Book No. 33 which is incorporated herein by
reference.
Motion carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to adopt the following reso-
lution authorizing the Chairman of the Board of County
Commissioners to execute an Agreement for Purchase of IBM
Machine, an installment payment agreement (State and Local
Government) and Supplement to Agreement for IBM Licensed
Programs by and between International Business Machines
Corporation and Monroe County, Florida, for the purchase of
one (1) IBM Displaywriter and related equipment and programs
for the County Attorney's Office. Motion carried unani-
mously.
RESOLUTION NO.186-1983
See Res. Book No. 33 which is incorporated herein by
99
75
99
85
34
95
99
5
99
123
70
99
34
reference.
038 Z
95
34
99
17
17
31
17
4
Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to adopt the following reso-
lution authorizing the Chairman of the Board of County
Commissioners to execute an Agreement by and between the
County of Monroe, State of Florida and Dolphin Airways,
Inc., providing for certain rights, services and privileges
in connection with the use of the Key West International
Airport adding the condition allowing the County, upon
thirty (30) day notice to require Dolphin Airways, Inc., to
move to a location to be determined by the Board of County
Commissioners. Motion carried unanimously.
RESOLUTION NO.187-1983
See Res. Book No. 33 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Sorensen to adopt the following resolution
transferring funds. Motion carried unanimously.
RESOLUTION NO.188-1983
See Res. Book No. 33 which is incorporated herein by
reference.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to approve the following
items by unanimous consent:
1983:
Board approved the following Warrants for June,
W A R R A N T S
GENERAL REVENUE FUND, #8103-8822, in the amount of
$1,190,880.97.
SUPPLEMENT TO THE GENERAL REVENUE FUND, #113, in
the amount of 30,203.22.
FINE & FORFEITURE FUND, #254-255, in the amount of
$10,100.00.
ROAD & BRIDGE FUND, #219, in the amount of
$37,276.94.
AIRPORT OERATION & MAINTENANCE FUND, #154, in the
amount of 7, 24.76.
MSD TAXING DISTRICT, #1, in the amount of
$1,848.55.
TRANSLATOR FUND, #05-07, in the amount of
$13,926.92.
LAW LIBRARY FUND, #146, in the amount of $942.12.
CARD SOUND BRIDGE REVENUE FUND, #146, in the amount
of $4, 773.5 .
MSD TAX DISTRICT, #367, in the amount of
$48,700.44.
WORKMENS COMPENSATION, #527-546, in the amount of
$6,453.55.
TOURIST DEVELOPMENT, #20-22, in the amount of
$5,306.53.
CAPITAL PROJECT, #35-38, in the amount of
$1$023.89.
Board approved payment of the following advertising
bills from Advertising Fund:
Stuart Newman April Newspaper Ad Media $ 6,459.77
Stuart Newman April Production 2,926.57
Stuart Newman April Magazine Media 9,946.36
$ 9,332.70
Z osa
Approval of payment of the following expenditures
from the Tourist Development Trust Fund:
17
Southern Bell K. W. Chamber of Commerce $ 472.46
115
T.W.F.A.C. May 10, 1983 Invoice 2,714.04
T.W.F.A.C. May 11, 1983 Invoice 3,590.74
T.W.F.A.C. May 12, 1983 Invoice 5,445.06
Dave Patterson May 6, 1983 Invoice 120.00
Key West Citizen TDC Ad 39.84
K.W. Cruise Ship May 4, 1983 Invoice 1,715.78
K.W. Attract. Assoc. May 10, 1983 Invoice 1,296.76
Fla. Major League May 18, 1983 Invoice 1,000.00
Stuart Newman Assoc. Media April 1983 11,951.82
Stuart Newman Assoc. Outdoor Media April 1983 15,337.18
Stuart Newman Assoc. Magazines April 1983 9,985.47
Stuart Newman Assoc. Production April 1983 5,740.32
Stuart Newman Assoc. Expenses April 1983 5,099.66
Stuart Newman Assoc. Credit Memo #1938 (3,336.25)
$6 2.88
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Next item was the County Administrator's Report.
Motion was made by Commissioner Swift and seconded by
Commissioner Sorensen to accept the low proposal from Bruce
12
Edwards General Contractor in the amount of $7,500.00 for
17
the restoration and repair of Firehouse No. 1 in Marathon
54
with funds to come out of the District 2 Budget. Motion
carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to approve payment to Upper
16
Keys Marine Construction in the amount of $19,800.00 on the
17
Copa D'Ora Bridge. Motion carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to approve payment to Upper
17
Keys Marine Construction in the amount of $16,383.51 on the
16
Copa D'Ora Bridge. Motion carried unanimously.
The Board then discussed approval of payments
during the Board's vacation period during June 15 and July
15, 1983. Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to authorize the payment of
31
invoices for road projects during the Board's vacation
102
period from June 15 through July 15, 1983 upon the cer-
17
tification and approval of Mr. Stickney, Director of Public
Works, Post, Buckley, Schuh and Jernigan, Inc., the County's
Consulting Engineers, the County Administrator and the
Clerk's Office. Motion carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Harvey to authorize the payments to
5
Contractors under the County's ADAP Projects during the
31
Board's vacation period from June 15 to July 15, 1983 upon
17
approval of Mr. Art Skelly, Airport Director, Airport
Consulting Engineers, the County Administrator and the
Clerk's Office. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Sorensen to approve the authorization to
make payments to Contractors for Boating Improvement Grant
31
Projects during the Board's vacation period from June 15 to
17
July 15, 1983 upon approval of the Consulting Engineers, the
14
County Administrator, Mr. Jeff Fisher, and the Clerk's
Office. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Sorensen to authorize final payment to Upper
17
Keys Marine Construction, Inc., on the Boating Improvement
24
Fund Projects as follows: Key Colony Beach - $545.22; Coco
Plum Beach - $287.41. Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded
17
by Commissioner Fahrer to approve the payment to Mr.
63
William Prosser in the amount of $500_0n fnr nrant
53
040 Z
writing assistance said funds to come from appropriation of
the Fine Arts Council. Motion carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Harvey to approve the following
items by unanimous consent:
17 Approval of a refund in the amount of $75.00 to
18 William Koughn due to being disqualified for the
Contractor's Exam.
17 Approval of payment to Post, Buckley, Schuh and
33 Jernigan, Inc., in the amount of $41,610.34 for the month
ending April 30, 1983.
Approval of transfer of funds in the amount of
17 $4,000.00 from Contractural Services (#537340) and $1,000.00
51 from Travel and Auto Allowance to (#537640) Capital Outlay
Equipment.
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey to deny the application for variance
to the Flood Hazard Ordinance for George and Mary Jane
127 Sands. Roll call vote was taken and failed with
Commissioner Sorensen, Commissioner Swift, and Mayor
Hernandez voting no. Motion was then made by Commissioner
Sorensen and seconded by Commissioner Swift to approve the
application for variance to the Flood Hazard Ordinance for
George and Mary Jane Sands. Roll call vote was taken and
carried with Commissioner Fahrer and Commissioner Harvey
voting no.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Mr. Vincent Drost of Cudjoe Gardens addressed the
Board and discussed problems with the existing flood level
requirements. During discussion a motion was made by
127 Commissioner Harvey to postpone consideration of this item
99 pending a receipt of future information. Motion died for
lack of a second. Motion was made by Commissioner Sorensen
and seconded by Commissioner Swift to authorize the County
Attorney to prepare and the Chairman to execute a resolution
endorsing Mr. Drost's request contingent upon it being sup-
ported by engineering data to be provided by Mr. Drost.
During discussion a motion was made by Commissioner Harvey
to amend the motion to provide the same procedure for any
other part of the Keys affected by the requirement. No
second was received on the motion to amend. Motion died for
lack of a second. Roll call vote was taken on the original
motion and carried unanimously.
RESOLUTION NO.188A-1983
See Res. Book No. 33 which is incorporated herein by
reference.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Motion was made by Commissioner Swift and seconded
by Commissioner Sorensen to approve a variance to the AICUZ
for Albert Monroe and Charles Stevens to construct a home
127 within the 2-A, Moderate 65-7Odb, AICUZ Zone, on Lot 14,
Block 7 of Coppitt Subdivision, zoned RU-1 contingent upon
U. S. Navy approval. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
84 by Commissioner Sorensen to refer Summary of Proposed
Landscape Ordinance Revisions to the County Administrator
and the County Attorney for a report back to the Board on
July 22, 1983. Motion carried unanimously.
Motion was made by Commissioner Sorensen and
Z 041
seconded by Commissioner Fahrer to approve payment of
Invoice No. 14 to Post, Buckley, Schuh and Jernigan, Inc.
the amount of $5,647.40 for the month ending April 30, 1983
for the Waste Control District. Motion carried unanimously.
Next item was consideration of Fishing Permit for
Edward J. Baldwin (RU-1 property). Diana Curtis, P.A.,
representing owners in Whispering Pines Subdivision,
addressed the Board and objected to the approval of a
Fishing Permit for Edward J. Baldwin and requested that the
Board deny the application. Ms. Curtis submitted the
following names of the property owners that she represented:
Mamie Vickers, Homer and Ann Rhode, Gerald and Eleanor
VanWagner, George Meyer, Howard and Della Vanderkleet,
Barbara Lipchak, Charles Curry, Floyd and George Butler,
Margaret McCracken, Harland and Christina Pitts, Donald and
Ellen Feilly, Herbert and Marie Landry, and Gladys Reichelt.
Mr. Edward Baldwin addressed the Board. Motion was made by
Commissioner Sorensen and seconded by Commissioner Swift to
deny the application for a Fishing Permit for Edward J.
Baldwin in RU-1 property. Roll call vote was taken and
carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to approve a Lease Agreement
between Key West Chrysler Plymouth Dodge, Inc., and Monroe
County for the Transportation Program. Motion carried una-
nimously.
Motion was made by Commissioner Sorensen and
seconded by Chairman Hernandez to approve application of a
variance to the Flood Hazard Ordinance for Mr. Robert
Meister. Roll call vote was taken and carried with
Commissioner Fahrer and Commissioner Harvey voting no.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Commissioner Harvey discussed plans prepared by
Post, Buckley, Schuh and Jernigan, Inc. providing for alter-
natives to correct the overcrowding of the jail and future
development of Jackson Square. Mr. Harris of Post, Buckley,
Schuh and Jernigan, Inc., addressed the Board and presented
the study and progress report to the Board. Mr. Harris
advised the Board that it was the recommendation of Post,
Buckley, Schuh and Jernigan, Inc., that the Board adopt
Alternate 1Phase I to take advantage of the funding
available through the U. S. Marshall's Office. Motion was
made by Commissioner Harvey and seconded by Commissioner
Sorensen to adopt Alternate I of the Plan submitted and pre-
pared by Post, Buckley, Schuh and Jernigan, Inc., and
authorize the Chairman to execute any and all documents with
the U. S. Marshall's Office after review by the County
Attorney for legal sufficiency to effect the plan adopted.
Roll call vote was taken and carried unanimously.
Motion was made by Commissioner Harvey and seconded by
Commissioner Sorensen authorizing and directing the Public
Works Director and the Public Works Department to begin the
refurbishment of the Stock Island facility as soon as the
agreements by and between the Board of County Commissioners
and the U. S. Marshall's Office are executed. Motion
carried unanimously.
Mr. John Dent, Developer of the Truman Annex pro-
perty, appeared before the Board and discussed the Letter of
Intent issued to the Board of County Commissioners con-
cerning six (6) acres located on that property.
Commissioner Harvey expressed her thanks to Mr. Dent for the
Letter of Intent and the cooperation shown to the Board of
County Commissioners.
17
33
123
86
129
59
106
75
84
127
71
33
95
118
112
14
042 Z
Commissioner Harvey discussed the Summer Recreation
Program for the Lower Keys. Motion was'made by Commissioner
85 Harvey and seconded by Commissioner Sorensen to authorize
17 the transfer of $5,000.00 to a line item to provide for
105 funding for a Summer Program for the Lower Keys and also
34 authorizing the preparation and execution of the necessary
inter -local agreements by and between the Board of County
Commissioners and the District School Board of Monroe
County. Motion carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to appoint Mr. Louis B.
106 Schwartz to the Older Americans Advisory Council for a three
14 (3) year period starting January 1, 1984 replacing Mr.
Howard B. Cole. Motion carried unanimously.
Commissioner Sorensen discussed the Land Use Map
127 and the possibility of sending notifications to property
114 owners with the 1983 Tax Notices. This was referred to the
12 County Attorney for his investigation and a report back at
the next meeting.
Commissioner Sorensen discussed a proposed change
to the Monroe County Zoning Ordinance. Motion was made by
127 Commissioner Sorensen and seconded by Commissioner Swift
84 authorizing the County Attorney to draft an ordinance and
advertise and call for a public hearing for a change in the
Zoning Ordinance concerning the appeal process of Major
Developments. Roll call vote was taken and carried unani-
mously with Commissioner Swift absent.
Motion was made by Commissioner Sorensen and
5 seconded by Commissioner Harvey to appoint the following
14 individuals to the Upper Keys Airport Advisory Board: Louis _
E. Cadaval of Key Largo and Charles Schraeder of Tavernier.
Motion carried unanimously.
14 Motion was made by Mayor Hernandez and seconded by
71 Commissioner Sorensen to appoint Mr. David Hawkins to the
Jail Reform Committee. Motion carried unanimously.
Motion was made by Mayor Hernandez and seconded by
Commissioner Sorensen to approve travel to the NACO
Conference from July 16 through 19, 1983. During discussion
Commissioner Sorensen withdrew his second. Motion was made
by Commissioner Swift and seconded by Commissioner Sorensen
31 to amend the motion to authorize the Mayor or his appointee
to represent the County at the NACO Conference July 16
through 19, 1983. Roll call vote was taken and carried with
Commissioner Fahrer and Commissioner Harvey voting no.
Commissioner Swift discussed Major Developments
that are in the pipeline and which have been inactive for
127 more than one (1) year. Motion was made by Commissioner
134 Swift and seconded by Commissioner Sorensen to authorize the
County Attorney to draft the necessary documents in order to
place the moratorium on all Major Developments in the pipe-
line which have been inactive for more than one (1) year.
Motion carried unanimously.
99 Commissioner Swift read a resolution from the Key
134 West Chamber of Commerce concerning moratoriums. No action —
23 was taken.
Commissioner Swift discussed the Airport Engineers
and the need for authority to advertise under the
5 Competitive Negotiations Act. Motion was made by
33 Commissioner Swift and seconded by Commissioner Harvey
authorizing the advertisement of engineering services under
Z 043
the Competitive Negotiations Act for the Marathon Runway and
the Five Year Master Plan to be screened before the existing
Airport Committee. Roll call vote was taken and carried
unanimously.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer authorize the advertisement for bids
for a contract to provide maintenance services for the
Translator System. Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded
by Commissioner Sorensen to adopt the following resolution
directed to the Department of Natural Resources of the State
of Florida requesting that the beach located on Upper
Matecumbe Key and known as Matecumbe Beach, consisting of
that beach area immediately south of the Cheeca Lodge be
considered and acquired by the State of Florida as a public
beach. Motion carried unanimously.
RESOLUTION NO.189-1983
See Res. Book No. 33 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to authorize the County Administrator
and Mr. Bensko, the County's Grant Representative, to apply
for a grant for the repair of the Monroe County Beach Pier.
Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer directing the County Attorney to pre-
pare and the Chairman to execute a resolution opposing the
closing of the Monroe County Beverage Department. Motion
carried unanimously.
RESOLUTION NO.190-1983
See Res. Book No. 33 which is incorporated herein by
reference.
The County Attorney discussed a proposed resolution
concerning the Beautification Project at Marathon Airport.
No action was taken at this time.
UNFINISHED BUSINESS
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize the Key West Housing
Authority to extend the jurisdiction of the Section 8
Existing Housing Program. During discussion motion was made
by Commissioner Sorensen and seconded by Commissioner Swift
to provide for the allocation of the units on the basis of
fifty (50) percent for disabled persons and fifty (50) per-
cent for the elderly and to communicate with HUD concerning
that requirement and report back to the Board. Roll call
vote was taken with the following results:
Commissioner
Fahrer
No
Commissioner
Harvey
No
Commissioner
Sorensen
Yes
Commissioner
Swift
No
Mayor Hernandez
No
Motion failed. Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to provide that no more than
three (3) units will be established in any single develop-
ment and that fifty (50) percent of the units allocated will
be for senior citizens and disabled persons. Roll call vote
was taken on the amendment and failed with Commissioner
Sorensen, Commissioner Swift, and Mayor Hernandez voting no.
12
117
99
58
85
85
63
99
109
31
5
044 Z
Roll call vote was taken on the original motion to approve
and carried with Commissioner Sorensen voting no.
LEGAL DEPARTMENT
Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey to adopt the following resolution
99 authorizing the Chairman of the Board of County
75 Commissioners to execute a Sign Lease by and between the
5 County of Monroe, State of Florida, and Stephen B. Zafir and
Amy Zafir d/b/a Amy's for leasing of sign space at the Key
West International Airport. Motion carried unanimously.
RESOLUTION NO.191-1983
See Res. Book No. 33 which is incorporated herein by
reference.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Sorensen to adopt the following resolution
99 concerning receipt of unanticipated funds in District 100-C.
17 Motion carried unanimously.
RESOLUTION NO.192-1983
See Res. Book No. 33 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to declare an emergency waiving the
requirement to advertise a public hearing under the provi-
sions of Florida Statutes 125.66(3). Motion carried unani-
mously. Motion was made by Commissioner Swift and seconded
84 by Commissioner Sorensen to adopt the following emergency
134 ordinance creating a moratorium on all Major Development
127 Applications not presently being processed by the Planning
87 and Zoning Department of Monroe County and were not before
the Planning and Zoning Deparment on or before February 9,
1982; creating a de facto moratorium as authorized in Smith
vs. City of Clearwater, 383 So. 2d 681 and providing for the
requirements for the final and regular adoption for said
moratorium ordinance; providing for the severability of said
ordinance; providing that the same supercedes any ordinance
or ordinances in conflict therewith; providing for an effec-
tive date of said de facto ordinance. Motion carried unani-
mously.
ORDINANCE NO.O15-1983
See Ord. Book No. 6 which is incorporated herein by
reference.
Mr. Proby discussed a proposed amendatory resolu-
tion concerning the refunding of the Capital Improvement
Bond Issue. Motion was made by Commissioner Swift and
99 seconded by Commissioner Fahrer to adopt the following reso-
15 lution amending Resolution No. 139-1982 by inserting cer-
17 tain provisions with respect to Municipal Bond Insurance.
Motion carried unanimously.
RESOLUTION NO.193-1983
See Res. Book No. 33 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Harvey directing the Chairman not to proceed
with the refunding Bond Issue should the savings drop below
$150,000.00 after cost and that the Mayor would contact each
17 County Commissioners. Roll call vote was taken and carried
15 with Commissioner Sorensen and Mayor Hernandez voting no.
31
Motion was made by Commissioner Harvey and seconded
Z 145,
by Commissioner Sorensen to adopt the following resolution
approving the Plat of Still Beach. During discussion the
maker of the motion withdrew the motion. Motion was made by
Commissioner Sorensen and seconded by Chairman Hernandez to
authorize the Chairman to execute the resolution approving
the Plat of Still Beach after confirmation from Mr. Lewin
and Mr. Doyle, Director of Building/Planning/Zoning and Mr.
Proby, County Attorney that everything concerning the Plat
was in proper order and also authorizing the preparation and
execution of a resolution approving said Plat. During
discussion Commissioner Sorensen withdrew his motion.
Motion was made by Commissioner Sorensen and seconded by
Commissioner Harvey to postpone this item until July 22,
1983. Motion carried unanimously.
Motion was made by Chairman Hernandez and seconded
by Commissioner Fahrer approving the following Fine and
Forfeiture Expenditures: Court Reporting Services - Rosemary
Fernandez, $12.40; Brenda E. Farrell, $92.75 & $228.90;
Certified Reporting Service, $316.50 & $40.00; Associated
Court Reporters, $200.25; Expert Witness Fees - Dr.
Weinstock, $1,542.00; Other Expenses - Louis J. Spallone,
$150.00; Competency/Psychogical Evaluations - Community
Mental Health, $125.00; Court Appointed Attorney Fees -
Leonard Cooperman, $1,000.00; Jeffery B. Meyer, $1,300.00;
William Kuypers, $200.00; E. Baxter Lemmond, $154.00, Chris
P. DiRicco, $87.50; Jennifer Welk, $137.50; Blvd. Travel,
535.00. Motion carried unanimously.
A public hearing was held on the Supplemental
Fine and Forfeiture Fund for fiscal year beginning October
19 1982 and ending September 30, 1983. Motion was made by
Commissioner Fahrer and seconded by Commissioner Swift to
adopt the Supplemental Fine and Forfeiture Fund Budget as
follows:
Taxes (2,337,090,124x.002663)
6,223,671.00
Reimburse Housing Federal Prisoners
11,000.00
Clerical Support
5,443.16
Fines
760,000.00
Fines - LEEA
25,000.00
Court Filings
60,000.00
Interest on Time Deposits
40,000.00
Donations - Ocean Reef
38,688.00
Air Florida Security
21,694.00
Miscellaneous Revenue
1,000.00
Total
75,186,496.16
Less 5%
(359,325.00)
6,8275171.16
Estimated Cash Balance Forward
Total Revenues
756 000.00
75583,171.716
Witness Fees & Court Costs
180,000.00
Sheriff's Budget
6,5115351.00
Sheriff - Other
1605000.00
Other Law Enforcement
39,200.00
LEEA
23,750.00
Interest on Tax Note
157,200.00
Refund Prior Year
2,500.00
Contingency
9,170.16
Reserve for Cash Balance
5005000.00
Total Appropriations
,5 3, 6
Motion carried unanimously.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Mr. Aguero discussed the proposed changes to the
Special Assessment Ordinance to remove the ad valorem levy
in the Special District and to go to a flat Special
Assessment rate. Ms. Marilyn Johnson of Cudjoe Key
addressed the Board. Motion was made by Commissioner Swift
and seconded by Commissioner Fahrer authorizing the County
17
17
93
114
84
123
5-4
Attorney to prepare amendments to the Municipal Service
District Ordinance and to advertise same for a public
hearing concerning waste assessments. Motion carried unani-
mnusly_
UNFINISHED BUSINESS
Motion was made by Commissioner Fahrer and seconded
by Chairman Hernandez to authorize the creation of two (2)
54 new positions within the Emergency Services Coordinator's
30 Office of Emergency Services Supervisor, Pay Grade 47 and
2 Clerk Typist. During discussion, motion was made by Chairman
Hernandez and seconded by Commissioner Sorensen to postpone
this item until July 22, 1983. Motion carried unanimously.
Mr. Aguero discussed the Contract for modification
of the incinerators. Motion was made by Commissioner Fahrer
and seconded by Chairman Hernandez to approve the contract
for modification of the incinerators with R. W. Taylor Steel
17 Co., in the amount of $330,000.00. Ms. Marilyn Johnson
123 addressed the Board and opposed the additional contract
54 work. Roll call vote was taken on the original motion and
37 carried with Commissioner Harvey voting no. Motion was made
by Commissioner Harvey directing the County Attorney to
proceed with a suit against the Contractor for failure to
perform. Motion died for lack of a second.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Sorensen to authorize the County Attorney to
85 advertise the proposed Parks and Recreation Ordinance.
84 Motion carried unanimously.
OFFICIAL CORRESPONDENCE
Motion was made by Commissioner Sorensen and
107 seconded by Commissioner Fahrer to acknowledge receipt of a
14 letter from the Sheriff advising the Board of the appoint-
ment of Brenda Diaz Zeoli effective May 1, 1983. Motion
carried unanimously.
LEGAL DEPARTMENT
Motion was made by Commissioner Sorensen and
2 seconded by Commissioner Swift to approve the following
9 resolution approving an employment agreement between Monroe
99 County and Ron Saunders, P.A., as an Assistant County
34 Attorney. Roll call vote was taken and carried with
Commissioner Harvey voting no.
RESOLUTION NO.194-1983
See Res. Book No. 33 which is incorporated herein by
reference.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Harvey to adopt the following reso-
99 lution designating J. S. Neviaser, M.D., Civil Defense
30 Medical Director for Monroe County during times of disaster.
Motion carried unanimously.
RESOLUTION NO.195-1983
See Res. Book No. 33 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
54 by Commissioner Fahrer to authorize the advertising for
12 architectual services for the designing of two bays
Tavernier Fire Station. Motion carried unanimously.
Mr. Proby discussed a proposed resolution approving
34 a Public Donor Contract for Legal Aid Services. Motion was
made by Commissioner Sorensen and seconded by Commissioner
Swift to strike this item from the agenda. Motion carried
unanimously.
BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeal to consider four (4) appeals. All Commissioners
were present along with staff.
Z-047
First appeal heard was that filed by The Church of
Jesus Christ of Later Day Saints, Carl E. Causey, Frank M.
Mason, R. D. Zetterower, Georgella M. Zetterower, Paul
Mansell, Edward D. Wood, Carl E. Causey, Paul Strube, Gail
Strube, Ed Ferris, Beverly Ferris, and Rhonda Mixon who
requested that the Board of County Commissioners reverse the
decision of the Monroe County Zoning Board in approving a
request of James W. and Patricia Aultman concerning a zoning
change from BU-1 to BU-2B with an existing BU-1 on the
Northerly 125 feet of Lot 19 Block 1, of Sea Crest
Subdivision as recorded in Plat Book 2, page 144, and being
more particularly described by metes and bounds, located in
Section 11, Township 66 South, Range 32 East, Key Vaca, Mile
Marker 50. Proof of publication was entered into the
records. Mr. Ralph Cunningham, P.A., representing the
appellant, appeared before the Board and discussed the
appeal. Mr. Buck DeVane, P.A., representing the appallee,
addressed the Board concerning his client's case. Mr.
Cunningham then proceeded to rebut. Motion was made by
Commissioner Swift and seconded by Commissioner Harvey to
return this matter to the Zoning Board for a rehearing.
Roll call vote was taken and carried with Commissioner
Sorensen voting no.
Next appeal was filed by Dorothy L. Hall who
requested that the Board of County Commissioners reverse the
decision of the Monroe County Zoning Board, in denying a
Special Use Approval to construct a public or private uti-
lity building in an RU-1 Zone, on Lot 5, Block 2, of
Sombrero Subdivision No. 1, according to Plat thereof, as
recorded in Plat Book 2, page 31, and located in Section 9,
Township 66 South, Range 32 East, Marathon, Mile Marker
48.5. Proof of publication was entered into the records.
Mr. Michael Cates, P. A., representing the appellant,
addressed the Board concerning his client's appeal. Ms.
Flora Chabin of Marathon addressed the Board and opposed the
appeal. Motion was made by Commissioner Swift and seconded
by Commissioner Sorensen to grant the appeal and reverse the
decision of the Zoning Board. During discussion a motion
was made by Commissioner Harvey and seconded by Commissioner
Swift to amend the motion to provide that no outside storage
of materials or parking of vehicles will be allowed. Roll
call vote was taken and failed with Commissioners Fahrer,
Sorensen, Swift and Mayor Hernandez voting no. Roll call
vote was taken on the original motion and carried with
Commissioner Sorensen voting no.
Next appeal was that of Lawrence R. Dion, who
requested that the Monroe County Board of County
Commissioners reverse the decision of the Monroe County
Board of Adjustment in denying the request for a variance of
13 feet, to build up to 12 feet from the rear setback line
on Lot 1, Block 1, of Summerland Cove Amended Plat, as
recorded in Plat Book 4, page 135, and located in Section
25, Township 66 South, Range 28 East, Summerland Key, Mile
Marker 25, zoned BU-2. Proof of publication was entered
into the records. No one was present to represent the
appellant. Motion was made by Mayor Hernandez and seconded
by Commissioner Swift to continue the public hearing until
July 22, 1983 and directing Mr. Doyle, Director of
Building/Planning/Zoning to notify Mr. Dion of the con-
tinuance. Roll call vote was taken and carried with
Commissioner Fahrer and Commissioner Sorensen voting no.
Prior to discussion of the next appeal Commissioner
Sorensen advised the Board that there was a possible
conflict of interest in this case and that he was therefore
recusing himself. The appeal was that of Marathon Liquors
Sales, Inc., who requested that the Board of County
Commissioners reverse the decision of the Monroe County
Board of Adjustment in denying their request for a variance
of 6 feet 6 inches to build up to 18 feet 6 inches of the
North property line, and a variance of 16 feet 9 inches, to
build up to 8 feet 3 inches of the West property line on
13
127
13
127
13
127
13
127
z-048
5
99
i
Lots 163 to 168 of Little Venice #2 as recorded in Plat�Book
3, page 26, and located in Section 6, Township 66 South,,
Range 33 East, Key Vaca, Mile Marker 53, zoned BU-2 with a
BU-2C. Proof of publication was entered into the records.
Mr. Frank Greeman, P.A., representing the appellent appeared
before the Board and discussed his client's case. Mr. Brad
Cook requested that he be allowed to address the Board 'con-
cerning this case. The County Attorney ruled that as he was
not part of the original proceeding before the Zoning Board
that that would not be possible. Motion was made by
Commissioner Fahrer and seconded by Commissioner Swift to
deny the appeal and uphold:!the Board of Adjustment. Roll
call vote was taken and with the following results:
Commissioner
Fahrer
Yes
Commissioner
Harvey
Yes
Commissioner
Sorensen
no vote
Commissioner
Swift
No
Mayor Hernandez
No
Tie vote, motion failed. Motion was made by Commissioner
Swift and seconded by Mayor Hernandez to grant the appeal
and reverse the decision of the Board of Adjustment. Roll
call vote was taken with the foll.owing results:
Commissioner
Fahrer
No
Commissioner
Harvey
No
Commissioner
Sorensen
No vote
Commissioner
Swift
Yes
Mayor Hernandez
Yes
Tie vote, motion failed.
The Board of Appeal Hearings adjourned.
Regular Meeting Re -convened
The regular meeting re -convened with everyont
present.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
The Board re-cons'idered previous action taken con-
cerning the Beautification'Project at the Marathon Airport.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Swift authorizing the County Attorney to pre-
pare and the Chairman to execute the following resolution
requesting the Department of Transportation to proceed under
Option "C" with the Beautification Project at the Marathon
Airport. Roll call vote was taken and carried uiianim01usly.
RESOLUTION NO. 196-1983
See Res. Book No. 33 which is incorporated herein
Motion was made by Commissioner Harvey to
the meeting. Motion carried unanimously.
by reference
adjourn
L,
L�