08/19/1983 Regular
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Regular Meeting
Board of County Commissioners
Friday, August 19, 1983
10:00 A.M., Plantation Key
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 Ed Swift and
Mayor pro tem Ken Sorensen who chaired the meeting due to
the absence of Mayor Jerry Hernandez, Jr. Also present were
Danny L. Kolhage, Deputy Clerk; Lucien Proby, County
Attorney; Kermit Lewin, County Administrator; members of
County staff; members of the County's Consulting Engineers;
members of the Press and Radio; and 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
creating a Monroe County Board of Parks and Recreation; pro-
viding for the number of members of said Board and how they
shall become appointed; providing for the term of office of
the Board Members and for the procedure for organization of
said Board; to provide for the responsibilities and duties
of said Board; to provide for the meetings; providing for
liaison between the Board and the County Administration;
providing for a severability of the various sections of said
ordinance; providing the repeal of ordinances or parts of
ordinances in conflict therewith; providing that said ordi-
nance shall become part of the Code of Monroe County, and
providing for an effective date. Proof of publication was
previously entered into the records. This was the third
advertised public hearing. Commissioner Fahrer discussed
proposed changes to the ordinance including the change in
the reference from "supervisory control" to "advisory" and
also to delete the reference to a specific recreation orga-
nization. The following individuals spoke: Wayne Miller,
Upper Keys resident; opposed the ordinance; Pauline Kline,
Chairman of the Upper Keys Citizens Association, favored the
ordinance; Charles Morbacher of Islamorada, favored the
ordinance; Ruth Yates of Community Recreation Association,
opposed the ordinance; Joan Fry of MORE, favored the
ordinance; Robert Ernst of Marathon, favored the ordinance;
James Critchen of Islamorada, favored the ordinance. Motion
was made by Commissioner Harvey to postpone consideration of
the ordinance until this afternoon when Mayor Hernandez
would be present. Motion died for lack of a second. Motion
was made by Commissioner Swift and seconded by Commissioner
Fahrer to adopt the ordinance as amended. During discussion
the motion was withdrawn. Motion was made by Commissioner
Swift and seconded by Commissioner Fahrer to postpone the
public hearing until this afternoon when Mayor Hernandez
could be present. Motion carried unanimously.
A public hearing was held on a proposed ordinance
establishing special assessments and service charge for gar-
bage collection rates for residential and commercial collec-
tion service from January 1, 1984 through December 31, 1984;
repealing all ordinances in conflict with this ordinance;
providing an effective date. Proof of publication was
entered into the records. Motion was made by Commissioner
Harvey and seconded by Mayor pro tem Swift to read the pro-
posed ordinance by title only. Motion carried unanimously.
Mr. Aguero, Director MSD, addressed the Board and the public
and presented information concerning impact of the new
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special assessment. The following ind~viduals spok~: Mr.
Charles Morhbacher of Islamorada questloned the ordlnance;
Ms. Rosemary Bondes of Tavernier questioned the ordi~ance;
Mr. Dick Akers of Cudjoe Key also questioned the ?rdlnance;
Mr. Jack Puffert of Islamorada questioned the ordlnance;
Mrs. Alice Skinger of Marathon opposed the or~inance; Ms.
Arlene Reiser of Windey Key discussed the ordlnance; Bob
Ernst of Marthon opposed the ordinance. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
adopt the proposed ordinance. Roll call vote was taken and
carried unanimously.
ORDINANCE NO.017-1983
See Ord. Book No.6 which is Tncorporated herein by
reference.
Next item was a public hearing to consider the
increase in the toll for the Card Sound Bridge to fifty
cents (50i) per axle. This was the third advertised public
hearing. Proof ofpublicatidn was previously entered into
the records. Ms. ~oyce Green, an employee in the Upper Key
Largo area, submitted letters and petitions to the Board of
County Commissioners opposing the increase in the toll and
also addressed the Board concerning her objections to the
proposal. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer to adopt a resolution
increasing the tolls. During discussion Commissioner Fahrer
requested an amendment to the motion to provide for a
discount rate for commuters of $38.00 per month. This
amendment was accepted by the maker of the motion. Roll
call vote was taken on the motion as amended with the
following results:
Commissioner Fahrer
Commissioner Harvey
Commissioner Swift
Mayor pro tem Sorensen
Yes
No
Yes
No
Tie vote, motion failed.
LEGAL DEPARTMENT
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize the Legal Department to
advertise for public hearing on a proposed ordinance
establishing a fee schedule to reimburse Monroe County for
its administrative costs in connection with the issuance of
construction permits for all construction within the public
right-of-way of roads and streets under the control and
jurisdiction of the Board of County Commissioners. Motion
carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to adopt the following resolution
authorizing the Chairman of the Board of County
Commissioners to execute an Airport Agreement by and between
the County of Monroe, State of Florida, and B & E
Enterprises for the purpose of operating a gift and sundry
shop at the Key West International Airport. Motion carried
unanimously.
RESOLUTION NO.237-1983
See Res. Book No. 34 which is incorporated herein by
reference.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Sorensen to adopt the following resolution
incorporating a biological assessment into the records con-
cerning the application of Pedro Hernandez to construct a
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boat basin and ramp to be excavated from the applicants
upland per staff recommendation. Motion carried unani-
mously.
RESOLUTION NO.238-1983
See Res. Book No. 34 which is incorporated herein by
reference.
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Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to adopt the following resolution
concerning receipt of unanticipated funds. Motion carried
unanimously.
RESOLUTION NO.239-1983
See Res. Book No. 34 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to adopt the following resolution
transferring funds. Motion carried unanimously.
RESOLUTION NO.240-1983
See Res. Book No. 34 which is incorporated herein by
reference.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Motion was made by Commissioner Swift and seconded
by Commissioner Harvey to approve the following items:
Board approved the following Warrants for August, 1983:
WAR RAN T S
GENERAL REVENUE FUND, #111, in the amount of
$34,506.0l.
SUPPLEMENT TO THE GENERAL REVENUE FUND, #121, in
the amount of $16,50~2~
FINE & FORFEITURE FUND, #273-274, in the amount of
$34,775.0S-:-- -
ROAD & BRIDGE FUND, #231-235, in the amount of
$1,301, 75~.-
CAPITAL PROJECT FUND, #40-41, in the amount of
$21,368.04.
TRANSLATOR FUND, #13, in the amount of $1,032.27.
LAW LIBRARY FUND, #95, in the amount of $1,049.20.
CARD SOUND BRIDGE REVENUE FUND, #1-2, in the amount
of $13,307.26.
MSD TAX DISTRICT, #389-393, in the amount of
$155,608.~ ---
-
WORKMENS COMPENSATION, #613-633, in the amount of
$4,194.18.
TOURIST DEVELOPMENT TRUST FUND, #40-50, in the
amount of $77,971.14. ----
MSD TAX DISTRICT #100-B, #152, 153, 154, in the
amount of-r3,985.15.
MSD TAX DISTRICT #72, #152, 153, 154, 158, in the
amount of~9,265.02.
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MSD TAX DISTRICT #73, #152, 153, 154, 158, in the
amount of-rB,453.23. ---
MSD TAX DISTRICT #74, #152, 153, 154, 159, in the
amount of"$20,333.73. ---
MSD TAX DISTRICT # 75, #152, 153, 154, 158, in the
amount of$T0~9.45.
MSD TAX DISTRICT #76, #152, 153, 154, 158, in the
amount of$T3~8.42. ---
MSD TAX DISTRICT #100-A, #152, 153, 154, in the
amount of$47,777.91.
MSD TAX DISTRICT #100-C, #152, 153, 154, 155, 156,
158 in the-amount of $79,881.87.
MSD TAX D I S TR I C T #100-H, #152, 153, 154, 159, in
the amounr-Df$4,416.31.
MSD TAX DISTRICT #500-L, #153, 154, 157, 158, in
the amounr-Df"$21,808.74.
Minutes for the months of June and July, 1983.
Advertising Commission expenditures:
Lower Keys Chamber of Commerce
Marathon Chamber of Commerce
Stuart Newman Associates
Grand Total
Tourist Development Council expenditures:
Stuart Newman Assoc. (May Outdoor
Media)
Key West Chamber (Processing)
Key West Chamber (Labor)
Soutyhern Bell (K.W. Chamber)
Key West Citizen
Red Barn Theatre
Grand Total
Fine & Forfeiture expenditures:
Court appointed Attorney fees
Travel fees
Court Reporter services
Grand Total
Motion carried unanimously.
$ 1,925.55
2,569.00
22,654.81
$27,149.36
$ 2,065.00
693.80
1,200.00
1,010.30
13.28
361. 84
$ 5,344.22
$ 2,387.10
636.18
402.27
$ 3,425.55
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Motion was made by Commissioner Swift and seconded
by Mayor pro tem Sorensen to postpone consideration of an
item concerning authority to install and make operational a
remote auxiliary radio receiver on the North Key Largo
television translator tower for two (2) weeks. Motion
carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to authorize the County Attorney to
prepare the necessary lease agreement for the tower space on
Cudjoe Key, Florida, and authorize Southern Bell to install
the radio transmission lines that are necessary to make the
radio receiver operational as outlined in memorandum of
August 8, 1983 from Mr. Paros, Emergency Services
Coordinator. Motion carried unanimously.
~~.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to approve payment to Post, Buckley,
Schuh and Jernigan, Inc., in the amount of $2,502.70 for
services for the Municipal Service District for the month
ending June 30, 1983 (Invoice No. 16). Motion carried una-
nimously.
~
Motion was made by Commissioner Swift and seconded
by Mayor pro tem Sorensen to approve variances to the Flood
Hazard Ordinance for Robert Holmes and Michael and Linda
Richardson per staff recommendation. During discussion
Mayor pro tem Sorensen withdrew his second. Motion was made
by Commissioner Swift and seconded by Commissioner Harvey to
postpone this item until this afternoon. Motion carried
unanimously.
Mr. Bob Ernst discussed waiver of permit fees with
the Board. Motion was made by Commissioner Fahrer and
seconded by Commissioner Swift to deny the request of
Marathon Lodge No. 323 F.& A. M. for waiver of permit fee
for a zoning variance as per section 19-39 (b) of the Monroe
County Zoning Ordinance for Lot #1, Block #2, Gulfrest
Shores of Marathon as recorded in Plat Book No.1, Book 3,
page 89 of the public records of Monroe County. During
discussion Mr. Charles Scharch, a member of the Marathon
Lodge, addressed the Board, concerning the request. Roll
call vote was taken on the motion to deny as follows:
Commissioner Fahrer
Commissioner Harvey
Commissioner Swift
Mayor pro tem Sorensen
Yes
No
Yes
No
Tie vote, motion failed. Motion was made by Mayor pro tem
Sorensen and seconded by Commissioner Harvey to approve the
waiver of permit fee. Roll call vote was taken and carried
with Commissioner Fahrer voting no.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to approve payment to Risk Control
Associates, Inc., in the amount of $845.00. Motion carried
unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey to approve payment to Key West
Undertaking Company in the amount of $450.00 for pauper
burial for Reinaldo Rafael Perez. Motion carried unani-
mously.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to approve Letter of Agreement
regarding fee arrangements with Kemp and Rosasco for the
examination of financial statements for the Community Care
for the Elderly Grant for period of July 1, 1982 through
June 30, 1983. Motion carried unanimously.
UNFINISHED BUSINESS
...--
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize execution of Equipment
Agreement with Xerox Corp., for one (1) Xerox 2830 Copier
for the Circuit Judges Office in the Upper Keys Governmental
Center and one (1) Xerox 2350 - T14 for the County Judges
Office in Key West. Motion carried unanimously.
Motion was made by Mayor pro tem Sorensen and
seconded by Commissioner Fahrer to approve a refund in the
amount of $1,242.00 to the Sombrero Country Club for
Building Permit #B9347. Roll call vote was taken and
carried with Commissioner Fahrer voting no.
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Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey to acknowledge receipt of report from
the Sheriff on forfeited vehicles for the quarter ending
June 30, 1983. Motion carried unanimously.
Motion was made by Commissioner Harvey and se~onded
by Commissioner Fahrer to confirm the appointment of Mr.
John Clarke to the Monroe County Housing Authority. Motion
carried unanimously.
Motion was made by Mayor pro tem Sorensen and
seconded by Commissioner Fahrer directing the County
Administrator to withhold any items from the agenda
requesting a waiver of fees until an Admnistrative Order,
Ordinance or Resolution could be drawn to establish the
Board1s Policy. Motion carried unanimously.
Motion was made by Mayor pro tem Sorensen to
approve an exemption of Building Permit Fee in the amount of
$1,172.00 to Marathon Yacht Club. Roll call vote was taken
and carried with Commissioner Fahrer voting no.
REPORTS! RECOMMENDATIONS Qf BOARD MEMBERS
Commissioner Swift discussed the previous action of
the Board of County Commissioners in rejecting a con-
tinuation of Mr. Lewin's Contract as County Administrator.
He indicated that this was not intended to reflect any dis-
satisfaction with Mr. Lewin's work. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer
giving Mr. Lewin a vote of confidence of the Board. Motion
carried unanimously.
Commissioner Swift briefly discussed and commended
both Mr. Jeff Fisher and Ms. Paula Rodriguez for their cor-
poration in reducing their Budget Request for fiscal year
1983-84 and directed Mr. Lewin to write a letter of commen-
dation to both of these individuals.
CommiSsioner Fahrer discussed the Monroe County
Hurricane Plan which will shortly be published. No action
was taken.
Commissioner Harvey discussed space needs of Monroe
County and her appearance before the Redevelopment Authority
requesting approximately four (4) acres of land adjacent to
the Courthouse Complex in Key West. Motion was made by
Mayor pro tem Sorensefl to postpone discussion of this item
to the next Key West meeting. During discussion the motion
was withdrawn. Motion was made by Commissioner Harvey and
seconded by Commissioner Swift indicating that the
Commission was going on record to the effect that the County
was in need of four (4) acres of property adjacent to the
Monroe County Courthouse area in Key West and requesting the
Redevelopment Agency to work with the Board of County
Commissioners in obtaining the necessary land and also
appointing Mr. Bob Dean and Mr. Charles Major to the Monroe
County Jail Commiteee and requesting that that committee
confer with the two (2) new members as soon as possible.
Motion carried unanimously.
Motion was made by Mayor pro tem Sorensen and
seconded by Commissioner Swift to request the Jail Committee
to make a formal request of the Florida Keys Aqueduct
Authority to appear at the next meeting of the Jail
Committee to discuss the removal of the tanks behind the
Courthouse. Motion carried unanimously.
Commissioner Harvey discussed the flea market on
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Big Pine Key. Motion was made by Commissioner Harvey and
seconded by Commissioner Swift to allow a temporary permit
for six (6) months to the Apostolic Church for the operation
of a flea market. During discussion a motion was made by
Commissioner Fahrer and seconded by Mayor pro tem Sorensen
to postpone this item for two (2) weeks. Motion carried
unanimously.
.---.
Commissioner Swift discussed the need for addi-
tional staff in the Planning Department. Motion was made by
Commissioner Swift and seconded by Commissioner Sorensen to
transfer $100,000.00 from the proposed Contingency Fund in
the proposed 1983-84 Budget to the Planning Department for
the purpose of hiring additional planning staff. Roll call
vote was taken and carried unanimously.
Motion was made by Commissioner Harvey and seconded
by Commissioner Swift to grant a waiver of a fee for the
construction of an above ground pool for Mr. Quesnell of Big
Pine Key as Mr. Quesnell is confined to a wheel chair and
the pool will be used for therapy. Motion carried unani-
mously.
Mayor pro tem Sorensen discussed the action of the
Board in deleting from the proposed Civil Defense Budget for
fiscal year 1983-84 the sum of $23,962.00 for the purchase
of communications equipment. Motion was made by Mayor pro
tem Sorensen and se~onded by Commissioner Harvey directing
the County Administrator to reinstate the sum of $23,962.00
in the proposed Civil Defense Budget for fiscal year
1983-84. Roll call vote was taken and carried with
Commissioner Fahrer voting no.-
Mayor pro tem Sorensen discussed the availability
of telephone systems which can be purchased which could uti-
lize the translator towers and provide a savings to the
County in communications expenses. This item was referred
to the County Administrator who is to seek proposals and
report back in ninety (90) days.
Motion was made by Mayor pro tem Sorensen and
seconded by Commissioner Fahrer to appoint Mr. Bob Regan as
Chairman of the Flood Insurance Committee. Motion carried
unanimously.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
The County Administrator advised the Board of the
upcoming SACC Annual Meeting to be held September 14 through
16, 1983.
Motion was made
seconded by Commissioner
proclaiming September 16
Official United Way 1984
unanimously.
by Mayor pro tem
Fahrer approving
through December
Campaign Period.
Sorensen and
a Proclamation
3, 1983 as the
Motion carried
.---.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey to authorize the advertisement and
call for bids for food services for the Nutrition Program.
Motion carried unanimously.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to authorize final payment request
for Duck Key Bridge to Upper Keys Marine Construction, Inc.,
in the amount of $29,535.54. Motion carried unanimously.
Ms. Myftu Keffer addressed the Board concerning
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United Way. No action was taken.
The Board recessed for lunch at this time.
The board re-convened at 2:00 P.M. Mayor Hernandez
was now present along with all Commissioners, the Clerk,
County Attorney, County Administrator, members of the Press
and Radio.
UNFINISHED BUSINESS
Mr. LaTorre, Social Services Director, and Ms.
Debbie Barsell, Director of the Nutrition Program, addressed
the Board concerning the proposal to close the Harris School
Nutrition site. Mr. M. W. McHugh of that site addressed the
Board requesting that they leave the site open. Motion was
made by Commissioner Fahrer and seconded by Mayor pro tem
Sorensen to close the Harris School site in accordance with
the recommendation of Mr. LaTorre and Ms. Barsell of the
Nutrition Program. Motion died for lack of a second.
Motion was made by Commissioner Harvey to keep the site
open. This motion died for lack of a second. No further
action.
REQUEST TO ADDRESS THE BOARD
Mr. Jim Lewis, Consultant for K Mart, addressed the
Board concerning his clientls request for a waiver of the
existing moratorium as it applies to their project. Mr. Jim
Koty, President of K Mart, Inc., addressed the Board. Mr.
Lewis then again addressed the Board and requested that the
Board waive the existing moratorium as it pertains to
shopping centers generally or specifically as it relates to
the project proposed by K Mart, Inc., his client. Motion
was made by Commissioner Fahrer and seconded by Commissioner
Swift not to waive any classifications from the existing
moratorium. Roll call vote was taken and carried with
Commissioner Sorensen and Mayor Hernandez voting no.
Mr. Tittle addressed the Commission concerning the
request to set a hearing date on the proposed "Garden Covell
Development. Mr. Tony O'Donell representative of City
National Bank as Trustee, addressed the Board. Motion was
made by Mayor Hernandez and seconded by Commissioner
Sorensen to move the meeting scheduled for December 16, 1983
in Key West to Plantation Key. Motion was made by
Commissioner Sorensen and seconded by Commissioner Fahrer to
adopt the following resolution setting a special public
hearing on a development of regional impact, pursuant to
Chapter 380, Florida Statutes, for a development known as
"Garden Cove" and requesting the Monroe County Zoning Board,
pursuant to section 19-20(c), Monroe County Code, to hold a
public hearing on the said development of regional impact
and make recommendations to the Board of County
Commissioners for its scheduled public hearing and
authorizing the Chairman to execute same. During discussion
motion was made by Commissioner Sorensen and seconded by
Commissioner Fahrer to amend to provide that the public
hearing will be set for 12:00 noon on Thursday, December 15,
1983 in Plantation Key at the Plantation Key Government
Center. Roll call vote was taken on the amendment and
carried unanimously. Roll call vote was then taken on the
resolution as amended and carried unanimously.
RESOLUTION NO.241-1983
See Res. Book No. 34 which is incorporated herein by
reference.
The Board then sat as the Board of Appeals to hear
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four (4) appeals. All Commissioners were present along with
Mr. Kolhage, Deputy Clerk; Mr. Proby, County Attorney; Mr.
Lewin, County Administrator; Dr. Doyle, Zoning Director;
members of the Press, Radio, and general public.
-
First appeal was that of Max Roy and Donna M.
Cockerham who requested that the Board of County
Commissioners reverse the decision of the Monroe County
Zoning Board, in denying a change of zoning from RU-3 to
RU-2R, on a part of Lot 1, according to the Plat of part of
Government Lot 1, as recorded in Plat Book 1, page 41, and
being more particularly described by metes and bounds as a
portion of Parcel A, all being located in Section 5,
Township 64 South, Range 37 East, Upper Matecumbe Key, Mile
Marker 80.5. Proof of publication was entered into the
records. Mr. Lewin read a letter from Andrew Tobin,
Attorney for Max Roy and Donna M. Cockerham indicating that
they had been in an airplane accident and were unable to
attend and requested a continuance. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
continue the appeal to the next Plantation Key meeting on
November 10, 1983 at the request of the appellants. Mr.
James Keller, Attorney representing adjacent property owners
objected to the continuance. Roll call vote was taken and
carried unanimously.
Next appeal was that of Carlos Villalobos who
requested that the Board of County Commissioners reverse the
decision of the Monroe County Board of Adjustment in their
decision in denying a Dimensional Variance of two (2) feet,
to build up to three (3) feet from the East side lot line,
and a variance of six (6) feet, to build up to 14 feet from
a canal, on Lot 57 of Sunset Acres as recorded in Plat Book
31, and located in Section 27, Township 62 South, Range 38
East, Key Largo, Mile Marker 93. Proof of publication was
entered into the records. Motion was made by Commissioner
Harvey and seconded by Commissioner Fahrer to continue the
appeal hearing until November 10, 1983 at Plantation Key at
the request of the petitioner. Roll call vote was taken and
carried with Commissioner Sorensen voting no.
The third appeal was Matecu Corporation, who
requested that the Board of County Commissioners reverse the
decision of the Monroe County Board of Adjustment, in
denying a request for the following variances: (1) a
variance of 5 feet to locate the tennis court within 25 feet
of building "B"; (2) variance of 12 feet to locate the ten-
nis court to within 18 feet of the property line; (3) a
variance of 10 feet to locate the swimming pool/pump house
and pool deck to within 20 feet of the tennis court and
building "A"; (4) a variance of 15 feet to locate the
swimming pool/pump house and pool deck to within the 15 feet
of the property line, on a tract of land located in
Government Lot 1, Section 6, Township 64 South, Range 37
East, Upper Matecumbe Key, zoned RU-3. Proof of publication
was entered into the records. Mr. Fred Tittle, Attorney
representing Matecu addressed the Board concerning his
clients appeal. Judy OIDell of the
Building/Planning/Zoninging Department representing the
Board of Adjustment addressed the Board. Mr. Mark Robinson,
County Biologist addressed the Board. Motion was made by
Commissioner Fahrer and seconded by Commissioner Sorensen to
adopt the following resolution reversing the decision of the
Zoning Board without prejudice and approving the request of
Matecu Corporation to reverse the decision of the Zoning
Board of Monroe County, Florida denying a dimensional variance
Roll call vote was taken and carried unanimously.
RESOLUTION NO.242-1983
See Res. Book No. 3~ which is incorporated herein by
reference.
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The last appeal was that of Joseph M. Burton, M.D.
and Miriam B. Hood, who requested that the Board of County
Commissioners reverse the Monroe County Zoning Board in
denying a requested change of zoning from RU-5 to RU-3,
Preliminary Major Development Approval, and Preliminary
Environmental Designation Survey Approval, on a parcel of
land situated in County of Monroe, State of Florida, known
as being parts of Lots 1, 2 and 3 in plat showing sub-
division of property belonging to Absalom Albury, etal,
surveyed and platted by George McDonald, surveyor, Plat Book
1, at page 64, part of the survey of Burton properties
recorded in Plat Book 2, at page 64, part of the survey of
Burton properties recorded in Plat Book 2, at page 89,
Burton's portion of Burton's Yacht Basin recorded in Plat
Book 3, at page 98 and together forming a parcel of land
bounded and further described by metes and bounds; less
therefrom: Exception No.1. The southeasterly half of Lot 8
and all of Lot 9 in Block 1 of Burton's Yacht Basin.
Exception No.2. Lots 1,2,3 and 4 in Block 3 of Burton's
Yacht Basin, together with a strip of land 50 feet wide,
west of, and adjoining Block 3, and more particularly
described by metes and bounds; Exception No.4. That part
of above described premises included within deed recorded
in Official Records Book 331, page 11-12, being a revising
in the right-of-way area for Burton's Drive, being a strip
of land 25 feet wide on either side of the centerline of
Burton's Drive, being a strip of land 25 feet wide on either
side of the centerline of Burton's Drive. Exception No. 6A.
A strip of land 300 feet wide, adjacent to and East of Old
State Road 4A, in SEt of NEt and Lot 4, Section 27-62-38,
also shown on Plat Book 1, page 64, exception the right-of-
way of Burton Drive. Note: Johnson Drive less that portion
of the 251 half right-of-way adjacent to exception No.2 and
all of First Street as shown on the "Amended Plat of Portion
of Burton's Yacht Basin", P.B. 3, Page 98 together with
Tavernier Road as shown on "Revised Plat of a part of
Tavernier Villas and Plat of Survey of the Burton
Properties. Key Largo, Monroe County, Florida", P.B. 2,
page 89 are proposed to be vacated by Monroe County
Resolution. Proof of publication was entered into the
records. Mr. John Blakley, Attorney representing U. S. Home
Corporation addressed the Board concerning his clients
appeal. Mr. Ed Klosky raised to a point of order concerning
the appeal from a preliminary approval. The point of order
was over-ruled by the Chair. Mr. Blakley then contiunued
with his appeal. Mr. Fred Tittle, Attorney discussed the
decision of the Zoning Board before the Board of County
Commissioners. Mr. Tittle requested that the Board of
County Commissioners reverse the decision of the Zoning
Board and to grant his clients preliminary approval. Dr.
Doyle representing the County and the Zoning Board
addressed the Board. Mr. Mark Robinson, County Biologist,
discussed the appeal. Mr. Jim Dennis, a citizen in the
audience raised to a point of order concerning the presen-
tation of the Zoning Board's position. Mr. Steve Gruber,
County Planner, discussed the appeal. Motion was made by
Commissioner Fahrer and seconded by Commissioner Harvey to
adopt the following resolution upholding the decision of the
Zoning Board without prejudice and denying the request of
Joseph M. Burton, M.D. and Miriam B. Hood to reverse the
decision of the Zoning Board of Monroe County, Florida,
denying a change of zoning from RU-5 to RU-3. Roll call
vote was taken and carried unanimously.
RESOLUTION NO.243-1983
See Res. Book No. 34 which is incorporated herein by
reference.
This concluded the Board of Appeals. The regular
meeting then re-convened with everyone present.
\
Z105.
PUBLIC HEARINGS
-
A public hearing was now held on a proposed ordi-
nance creating a Monroe County Board of Parks and
Recreation. This was continued from earlier in the day.
This was the third advertised hearing. Proof of publication
was previously entered into the records. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
adopt the ordinance as amended. Motion carried unanimously
with Commissioner Sorensen absent.
ORDINANCE NO.018-1983
See Ord. Book No.6 which is Tncorporated herein by
reference.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Next the Board considered variances to the Flood
Hazard Ordinance for Robert Holmes and Michael and Linda
Richardson. Motion was made by Commissioner Swift and
seconded by Chairman Hernandez to approve the variances.
During discussion the motion was withdrawn. Motion was made
by Commissioner Swift and seconded by Chairman Hernandez to
postpone this item for two (2) weeks. Motion carried unani-
mously.
UNFINISHED BUSINESS
Motion was made by Commissioner Harvey and seconded
by Commissioner Swift to appoint Mr. Rick Easton to the
Tourist Development Council. Motion carried unanimously.
Motion was made by Mayor Hernandez and seconded by
Commissioner Harvey to appoint Mr. Greg McIntosch, motel
owner, to the Tourist Development Council replacing Mr.
Dennis Bitner. Motion carried unanimously.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Motion was made by Mayor Hernandez and seconded by
Commissioner Swift to approve travel for Commissioner Harvey
to Jacksonville August 21 through 27, 1983. Motion carried
unanimously.
LEGAL DEPARTMENT
Mr. proby discussed the case of Kessler vs. Monroe
County. He indicated that in his opinion it would be in the
best interest of the County to settle the claim at one half
of the original amount which would be $9,495.00. Motion was
made by Chairman Hernandez and seconded by Commissioner
Fahrer to accept the recommendation of the County Attorney
and to offer to setttle claim of Mr. Kessler vs. Monroe
County in the amount of $9,495.00. Roll call vote was taken
and carried unanimously with Commissioner Sorensen absent.
-
Mr. Proby discussed the recent appeal of Mr. Henry
Rosenthal in the case concerning Rosenthal vs. Fahrer and
the Monroe Count Canvassing Board. Motion was made by
Commissioner Swift and seconded by Commissioner Harvey to
hire Mr. Randy Ludacer, Attorney, to represent the County in
the appeal concerning Rosenthal vs. Fahrer and the Monroe
County Canvassing Board. Roll call vote was taken and
carried unanimously with Commissioner Sorensen absent.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to approve the following expenses in
the $2,155,000.00 Monroe County Refunding Improvement
Revenue Bonds Series 1983:
I
~O&Z
Fla. National Bank
Freeman Richardson Watson & Kelly
Ernst & Whinney
American Bank Note Co.
Paramount Press
The Signature Co.
Paige & Catlin
Travelling & Accomodation Expenses
incurred by Wm. R. Hough & Co.
Grand Total
$ 1,250.00
15,000.00
6,500.00
3,085.00
1,667.90
108.25
300.00
1,375.15
$29,286.30
Motion carried unanimously.
LEGAL DEPARTMENT
The Board discussed the proposed ordinance which is
being advertised concerning the moratorium. Motion was made
by Commissioner Swift and seconded by Commissioner Harvey
directing the County Attorney to withdraw the proposed
exception of RU-7 properties from the ordinance which is
being advertised concerning the moratorium. Roll call vote
was taken and carried unanimously with Commissioner Sorensen
absent.
There being no further business the meeting was
adjourned.
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