09/30/1983 RegularZ10 3
Regular Meeting
Board of County Commissioners
Friday, September 30, 1983
10:00 A.M., Plantation Key
A regular meeting of the Board of County
Commissioners convened on the above date. Present were
Commissioner Alison Fahrer, Commissioner Wilhelmina Harvey,
Commissioner Ken Sorensen, Commissioner Ed Swift and
Chairman Jerry Hernandez, Jr. Also present were Danny L.
Kolhage, Deputy Clerk; Ron Saunders, Assistant County
Attorney; Kermit Lewin, County Administrator; members of the
Press and Radio; representative of the County Consulting
Engineering Firms; members of Press and Radio; and general
public.
All stood for the Invocation and Pledge of
Allegiance to the Flag.
REQUEST TO ADDRESS THE BOARD
Dr. Jeff Fisher of the Cooperative Extension Office
addressed the Board and formally presented and introduced
Ms. Janet Bunch, the new Extension Horticulturist. Ms.
Bunch was welcomed to the County by all Board Members.
PUBLIC HEARINGS
A public hearing was continued from September 16,
1983 on a proposed ordinance amending Chapter 6.5 of the
Code of Ordinances of Monroe County entitled the Monroe
County Emergency and Non -Emergency Medical Services
Ordinance of 1982. Proof of publication was previously
entered into the records. Motion was made by Commissioner
Harvey and seconded by Commissioner Sorensen to read the
proposed ordinance by title only. Motion carried unani-
mously. No one in the audience spoke for or against the
proposed ordinance. Motion was made by Commissioner Swift
and seconded by Commissioner Harvey to adopt said ordinance
subject to the approval of the County Attorney as to legal
sufficiency. Motion carried unanimously.
ORDINANCE NO.020-1983
See Ord. Book No. 6 which is incorporated herein by
reference.
A public hearing was continued from September 16,
1983 on a proposed ordinance providing that the Code of
Ordinances be amended by revising Chapter 6, Buildings and
Construction, of said Code. Proof of publication was pre-
viously entered into the records. Motion was made by
Commissioner Swift and seconded by Commissioner Sorensen to
read the proposed ordinance by title only. Motion carried
unanimously. No one in the audience spoke for or against
the proposed ordinance. Motion was made by Commissioner
Sorensen and seconded by Commissioner Swift to adopt said
ordinance. During discussion a motion was made by
Commissioner Harvey and seconded by Commissioner Fahrer to
postpone this item for two (2) weeks. During the motion to
postpone Commissioner Swift withdrew his second to the ori-
ginal motion to adopt. Mayor Hernandez then seconded the
original motion to adopt said ordinance. Roll call vote was
taken on the motion to postpone for two (2) weeks and failed
with Commissioner Fahrer, Commissioner Swift and Mayor
Hernandez voting no. Roll call vote on the original motion
to adopt said ordinance carried unanimously.
ORDINANCE NO. 021-1983 See Ord. 0 khNo..6 which is
incoxp ra a P e m be
ar rerer
A public hearingwas continueU 1�'rom Se
1983 on a proposed ordinance establishing regulations and
control of the use of waters, harbors and anchorages in
I R.') L4 Z
Monroe County. Proof of publication was previously entered
into the records. Motion was made by Commissioner Sorensen
and seconded by Commissioner Harvey to read the proposed
ordinance by title only. Motion carried unanimously. Ms.
Arlene Reiser addressed the Board concerning the proposed
ordinance. Motion.was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to continue the public
hearing until October 14, 1983 in Marathon. Motion carried
unanimously.
OPENING OF BIDS
Next item was the opening of sealed bids for
drainage improvements to U. S. Highway 1 at Big Coppitt Key.
Proof of publication was entered into the records. Motion
was made by Commissioner Sorensen and seconded by
Commissioner Fahrer to authorize the Clerk to open the bids.
Motion carried unanimously. The Clerk advised the Board he
was in possession of the following bids:
C,
Charley Toppino & Sons, Inc.
P. 0. Box 787
Key West, Florida 33040 $41,414.61
Frank Keevan & Son, Inc. „
2nd Street, Stock Island
Key West, Florida 33040 $36,443.00
Motion was made by Commissioner Sorensen and seconded by
Commissioner Fahrer to refer the bids to staff for a report
back in two (2) weeks. Motion carried unanimously.
Next item was the opening of sealed bids for the
furnishing of Group, Life, Accidental Death and
Dismemberment Insurance, Group Health Benefit Administration
for and including all County employees and Constitutional
Officers and their employees. Proof of publication was
entered into the records. Motion was made by Commissioner
Sorensen and seconded by Commissioner Harvey to authorize
the Clerk to open the bids. Motion carried unanimously.`
The Clerk advised the B6hrd that he was in possession of the
following bids:
Aetna
Suite 611-95;Merrick Way,
CoralGables,;'.rla. 33134, Na' bid
Blue Cross Blue Shield
P. 0. Box 1798
Jacksonville, Florida 32231
Penn General Services
3900 N.W. 79th Ave., Suite 728
Miami, Florida 33166
Gulf Life Insurance Co.
1301 Gulf Life Drive
Jacksonville, Florida 32207
Metropolitan Insurance Co.
P. 0. Box 30141
TAihpa, Florida 33630
5
Corporate Group Service
P. 0. Box 5005
Maitland, Florida 32751
Chub/Life America
3860 N.E. 170th Street
No. Miami Beach, Fla. 33160
A. J. Gellaoer
Monthly Annual
Rates Cost
Specific Stop -Loss
$T,000,000. over $25,000. 5.05
Aggregate Stop -Loss
Health Conversion
,10
4
l
Non -recurring Charges
Administration Fee
3.50
Estimated Fixed Cc-1-
Expected Claims
Estimated Fi s.,t Year Cost
Projected Rates:
Employee
53.05
Dependents
86.39
a
Premium Generated
Claim Reserve
Life and AD & D
58.7�
Estimated Total Cost
* Aggragate Attachment
Based on 714 employees,
162 dependents.
Q
Gulf
Penn
Genero_
�
o� ro; c, e
_;;; oup
Monthly Annual
Monthly
Annual
Monthly
Annual
Rates Cost
Rates
Cost-
Rates
Cost
$43,268.
4.63
$391670.
6.45
$55,264.
various
$56/749.
9,570.
7,000.
12,854.
11,224.
857.
.15
1,285.
Incl.
.25
2,142.
1,200„
incl.
2,300.
1,200.
291988.
4.98
42,669.
4.65
391841.
2.50
211420.
84,8"?.
90,624.
110,259.
92,735.
450,000.
4501000.
450,000.
450,000.
534,883.
540,624.
560,259.
642,735.
454,532.
51.71
443,051.
49.80
426,686.
56.00
479,808.
167,942.
84.18
163,646.
112,95
219.575.
55.24
107,387.
622,474.
606,697.
646,261.
587,"95.
87,591.
661073.
86,002.
44,460.
50,294.
62�
53,122.
60�
51,408.
55�
47,124.
$585,127.
$593,746.
$611,667.
S589,859.
$538,996.
$620,829
$642,680.
$493,000.
Z 15
r
Arthur Gallagher & Co.
8355 N.W. 53rd Street, Suite 215
Miami, Florida 33166
(See summary attached)
Motion was made by Commissioner Harvey and seconded by
Commissioner Fahrer to refer the bids to staff for a report
back to the Board in two (2) weeks. Motion carried unani-
mously.
LEGAL DEPARTMENT
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to approve payment in the amount of
$5,000.00 to the County Attorney's Office as co -counsel for
the $2,155,000.00 Monroe County, Florida Refunding
Improvement Revenue Bonds, Series 1983. Motion carried una-
nimously.
The Board discussed a proposed resolution com-
memorating the public service heretofore rendered to the
people of the State of Florida and Monroe County by
Marjorie Stoneman Douglas. Motion was made by Commissioner
Sorensen and seconded by Mayor Hernandez to table this
item. During discussion the second to the motion was
withdrawn. Following further consideration of this item,
motion was made by Commissioner Sorensen and seconded by
Chairman Hernandez to table this item. Roll call vote was
taken on the motion to table and carried with Commissioner
Fahrer and Commissioner Harvey voting no.
Motion was made by Commissioner Sorensen and
seconded by Chairman Hernandez to adopt the following reso-
lution in support of the United Way and calling on all
Monroe County employees to support the same with contribu-
tions and their efforts. Motion carried unanimously.
RESOLUTION NO.263-1983
See Res. Book No.34 which is incorporated herein by
reference.
Motion was made by Chairman Hernandez and seconded by
Commissioner Swift directing Mr. LaTorre, Director of
Community Service Project, to meet with represetatives of
United Way and work out the details for the possible place-
ment of two (2) enrollees in their office and report back to
the Board. Motion carried unanimously.
The Board considered Resolution No. 83-108 adopted
by the City Commission of the City of Key West, Florida,
petitioning the Board of County Commissioners for relief
from double taxation as referred to therein. Motion was
made by Commissioner Sorensen directing the County Attorney
to respond to the resolution pursuant to provision of
Chapter 125.016 (b), Florida Statutes. During discussion
the motion was withdrawn. Motion was made by Commissioner
Sorensen and seconded by Commissioner Harvey to acknowledge
receipt of the resolution directing the County Attorney to
respond with the appropriate mechanisms to address the items
as set forth in City of Key West Resolution No. 83-108 pur-
suant to the Florida Statutes. During discussion motion was
withdrawn. Motion was made by Mayor Hernandez and seconded
by Commissioner Sorensen directing the County Attorney to
acknowledge receipt of Resolution No. 83-108 of the City of
Key West, Florida, by the County Attorney's Office. Roll
call vote was taken and carried unanimously. Motion was
made by Commissioner Harvey and seconded by Commissioner
Sorensen directing the County Attorney to respond to resolu-
106 Z
tion No. 83-108 of the City of Key West pursuant to provi-
sions of Florida Statutes 125.016 (b). Motion carried
unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to adopt the following reso-
lution incorporating a biological assessment into the
records concerning the application of Sea Gulls Condominiums
to prevent further shoreline erosion. Motion carried unani-
mously.
RESOLUTION NO.264-1983
See Res. Book No. 34 which is incorporated herein by
reference.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to adopt the following reso-
lution concerning receipt of unanticipated funds from Cross
Key Waterway Special Road District. Motion carried unani-
mously.
RESOLUTION NO.265-1983
See Res. Book No. 34 which is incorporated herein by
reference.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to adopt the following reso-
lution transferring funds. Motion carried unanimously.
RESOLUTION NO.266-1983
See Res. Book No.34 which is incorporated herein by
reference.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Motion was made by Commissioner Sorensen and
seconded by Chairman Hernandez to approve the following
items by unanimous consent:
Approval of the following Warrants for September, 1983:
W A R R A N T S
GENERAL REVENUE FUND, #12111-12298, in the amount
of $1,292, 2 .79.
SUPPLEMENT TO THE GENERAL REVENUE FUND, #124, in
the amount of 9,670. 4.
FINE & FORFEITURE FUND, #280-286, in the amount of
$414,599.34.
ROAD & BRIDGE FUND, #239-243, in the amount of
$874,899.81.
AIRPORT OPERATION & MAINTENANCE FUND, #172-176, in
the amount of 74, 3 2.
LAW LIBRARY FUND, #97, in the amount of $832.14.
CARD SOUND BRIDGE REVENUE FUND, #1-3, in the amount
of $33,017.74.
MSD TAX DISTRICT, #404-413, in the amount of
$293,236.56.
WORKMENS COMPENSATION, #670-684, in the amount of
$3,524.77.
TOURIST DEVELOPMENT TRUST FUND, #58-59, in the
amount of 1,274.19.
7
Approval of the following Fine and Forfeiture expenditures:
Competency & Psy. Evaluations:
Keith R. D'Amato
300.00
John P. Mihalovich
125.00
Court Appointed Attorneys:
Henry Lee Morgenstern
300.00
E. Baxter Lemmond
238.75
William Kuypers
1,379.45
John Rotolo
1,208.62
Robert H. Foley, Jr.
212.80
Samuel J. Nuccio
287.50
Court Reporter Services
Associated Court Reporters 1,384.60
Witness Fees
Travel 932.9
Fees 720.00
Grand Total7-,089.62
Approval of the following Monroe County Advertising
Commission expenditures:
Stuart Newman Assoc.
Stuart Newman Assoc.
Stuart Newman Assoc.
Total
(July Media) 8,565.00
(July Fee) 3,883.95
(July Newsp.) 3,535.48
5,984.43
Approval of the following Tourist Development Council
expenditures:
Key West Citizen 13.28
Southern Bell 568.29
Pitney Bowes 104.25
Stuart Newman Assoc. (July Media) 2,163.00
Stuart Newman Assoc. (July Prod.) 6,298.44
Stuart Newman Assoc. (July Publ.) 4,866.70
Stuart Newman Assoc. (Hemingway) 19,773.88
Stuart Newman Assoc. (Cultural) 935.80
Stuart Newman Assoc. (July Media) 3,331.27
Stuart Newman Assoc. (July Media) 1,765.00
Total 39,8 9.9
Motion carried unanimously.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
The County Administrator, Kermit Lewin, discussed
vacancies of the South Florida Health Council. He advised
the Board of the resignation of Ms. Diana Curtis and Ms.
Betty Payne. Mayor Hernandez appointed Ms. Sandy Trossett
and Ms. Sheila Derwin to replace Ms. Diana Curtis and Ms.
Betty Payne by unanimous consent of the Board of County
Commissioners.
Mr. Lewin discussed a variance to the Flood Hazard
Ordinance for Mr. David Murray of Murray's Marina. Motion
was made by Mayor Hernandez and seconded by Commissioner
Swift to approve said variance. Motion carried unanimously.
Motion was made by Mayor Hernandez and seconded by
Commissioner Fahrer to authorize the Chairman to execute a
Lease Agreement with Sands for a copier for Commissioner
Sorensen's Office in Plantation Key. Motion carried unani-
mously.
Mr. Lewin discussed a bill from Group Seven for
108 Z
services rendered in connection with a grant application for
improvements to Higgs Beach. Motion was made by Chairman
Hernandez and seconded by Commissioner Sorensen to refer
this matter to the County Attorney's Office. Motion carried
unanimously.
Motion was made by Commissioner Harvey to borrow
$100,000.00 on a Tax Anticipation Note for match monies for
a $100,000.00 grant from the Department of Natural Resources
for improvements to Higgs Beach. Motion died for lack of a
second.
Mr. Lewin discussed the Purolator Service which the
Board had formally directed him to terminate effective
September 30, 1983. He advised the Board that he was in
receipt of a letter from Judge Lester, Chief Judge of the
16th Judicial Circuit, indicating that it was imperative
for the operation of the Court that the service be main-
tained. Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to reinstate the Purolator Service
and to fund it from Contingency for a period not to exceed
sixty (60) days and directing the County Administrator to
meet with the Constitutional Officers to discuss the sharing
of costs. Motion carried unanimously.
REQUEST TO ADDRESS THE BOARD
Mr. Knight, Tax Collector, addressed the Board con-
cerning the extension of the Tax Roll. Motion was made by
Commissioner Fahrer and seconded by Commissioner Swift to
authorize the extension of the Tax Roll prior to completion
of the hearings of the Property Appraisal Adjustment Board
in accordance with the provisions of the Florida Statutes.
Roll call vote was taken and carried with Commissioner
Sorensen voting no.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to approve renewal of General
Airport Consulting Agreement for Fiscal Year 1984 with Pat
Rebull of BR&R Associates. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize the County Attorney to
prepare an amendment with PBA Lease at Key West
International Airport to include leasing an additional 9652
square feet to park ground equipment. During discussion a
motion was made by Mayor Hernandez and seconded by
Commissioner Swift to postpone this item for two (2) weeks.
Motion carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to approve an amendment to
Contract by and between Monroe County Older Americans
Transportation Project and the Area Agency on Aging for Dade
and Monroe Counties of United Way for Title III-B. Original
III-B allocation, $69,779.00; increase (January 1, 1983 to
June 30, 1983) $6,997; increase (July 1, 1983 to December
31, 1983), $6,997.00; increase (August 17, 1983), $7,713.00;
for a total of $91,486.00. Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded
by Commissioner Sorensen to approve an amendment to Contract
by and between Monroe County Nutrition Program and the Area
Agency on Aging for Dade and Monroe Counties of United Way
covering the period of January 1, 1983 to December 31, 1983
as follows: Title III-C-1, total amount of funds is
increased as follows: Original III-C-1 Allocation -
Z 1�9
$149,452.00; increase $12,229.00; total $161,681.00. Title
III-C-2, total amount of funds is increased as follows:
Original III-C-2 Allocation - $25,009.00; increase
$2,107.00; total $27,116.00. Motion carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to accept the low bidder Mrs.
Carol B. Ginn, $1,455.00 monthly, for janitorial services in
the Upper Keys per staff recommendation. Motion carried
unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Sorensen to;postpone consideration of an
item concerning an AICUZ Variance for Justo Maqueria until
after all Zoning and Board of Adjustment Hearings have been
had. During discussion Commissioner Sorensen withdrew his
second. Mayor Hernandez seconded the motion. Roll call
vote was taken and failed with Commissioner Harvey,
Commissioner Sorensen and Commissioner Swift voting no.
Motion was then made by Commissioner Sorensen and seconded
by Commissioner Swift to approve a variance for Mr. Maqueria
to the AICUZ Zone on the northerly 75 feet of the West 112
of Tract B, Porpoise Point Section 5, as recorded in Plat
Book 5, page 119, and located in Section 22, Township 67
South, Range 26 East, Big Coppitt Key, AICUZ Zone 2-A
(65-70db), zoning classification is BU-1. During discussion
Commissioner Swift withdrew his second. Motion was seconded
by Commissioner Harvey. Roll call vote was taken and
carried with Commissioner Fahrer and Mayor Hernandez voting
no.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer approving the proposal from
South Florida Regional Planning Council to do the Water
Quality Management Study. Motion carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to approve application of
Florida Keys Fishing Center, to place 30 c.y. of rip -rap
along 130+ of a man made canal on property located at Lot
23, Block 1, Boatman's Colony, Plantatin Key per staff
recommendation. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve a Contract by and between
Monroe County Social Services and the State of Florida
Department of Health and Rehabilitative Services for
U.S.D.A. Commodities. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Harvey to approve an Agreement by and bet-
ween the County and the State of Florida Department of
General Services, Division of Communications regarding the
County's participation in the SUNCOM Intercity Network.
Motion carried unanimously.
The County Administrator discussed the need to
appoint an Agency Coordinator concerning the provisions of
Chapter 112.3145(5), Florida Statutes, concerning Financial
Disclosures. Motion was made by Commissioner Harvey and
seconded by Commissioner Fahrer to appoint Assistant County
Attorney Ron Saunders to act as Agency Coordinator in accor-
dance with the provisions of Chapter 112.3145(5), Florida
Statutes. Motion carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to approve travel for the
County Administrator to attend Annual Conference of SECOPA
in Tallahassee, Florida on October 12, 13 and 14, 1983.
Motion carried unanimously.
140 Z
REQUEST TO ADDRESS THE BOARD
Ms. Jeanie Elias, Managing Attorney for Legal Aid
Services, discussed her agencies operation and requested
that the County re -instate the funding which had been elimi-
nated during the Budget process. Motion was made by
Commissioner Fahrer and seconded by Commissioner Swift to
transfer the sum of $9,000.00 from Contingency to an
appropriation account for Legal Aid Services which will
represent the transfer of the filing fee which is levied and
collected in accordance with County Ordinance. Roll call
vote was taken and carried with Commissioner Sorensen and
Commissioner Swift voting no.
At this time the Board recessed for lunch.
Regular Meeting Re -convened
2:00 P.M.
Regular meeting of the Board of Commissioners re-
convened with all Commissioners and staff present.
Mr. Joe Bizjack addressed the Board and delivered a
presentation with slides concerning the trip to Galveston to
review the damage done by Hurricane Alicia and it's affect
in relation to the Building Codes and Standards of Monroe
County.
REQUEST TO ADDRESS THE BOARD
Mr. Gary Schaeffer, Local Officer of the Department
of Revenue, replacing Mr. Glenn Boe, addressed the Board and
introduced himself.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Commissioner Fahrer discussed the resignation of
Mr. Pick from the Areawide Agency on Aging. Commissioner
Fahrer with the concurrence of the Board of County
Commissioners appointed Mr. Lawrence E. St. Croix to replace
Mr. Pick in the Areawide Agency on Aging.
Commissioner Fahrer discussed Flea Market Committee
and appointed with unanimous consent of the Board of County
Commissioners Mr. Joe Miklas to serve on said committee.
Commissioner Fahrer advised the Board of the
resignation of Mr. Michael C. Van Buren from the Port
Advisory Committee and appointed with unanimous consent from
the Board of County Commissioners Mr. Bob Ernst to replace
Mr. Van Buren on the Port Advisory Committee.
Commissioner Swift discussed the Highway
Beautification Ordinance and the existing committee. No
action was taken.
Commissioner Sorensen was scheduled to discuss an
appointment to the Monroe County Library Board. This item
was postponed.
Commissioner Sorensen discussed the work program
document prepared by the staff of the
Building/Planning/Zoning Department and the
Building/Planning/Zoning Committee. Dr. Doyle addressed the
Board concerning the work plan.
Commissioner Sorensen discussed the recent meeting
of the Airport Advisory Committee. No action was taken.
Z 141:
Commissioner Sorensen presented to the Board a
letter of resignation from Ms. Helen Wadley, Library Board
Member. Commissioner Sorensen then appointed with unanimous
consent of the Board of County Commissioners Dr. Jean
Richardson to the Library Board to replace Helen Wadley.
UNFINISHED BUSINESS
An item concerning replacement for Rhonda
Rennenbaum on Fantasy Fest Committee was postponed for two
(2) weeks.
LEGAL DEPARTMENT
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to adopt the following reso-
lution authorizing the acquisition of certain lands by
eminent domain on property at Cudjoe Key. Roll call vote
was taken and carried with Commissioner Swift and Mayor
Hernandez voting no.
RESOLUTION NO.267-1983
See Res. Book No. 34 which is incorporated herein by
reference.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to declare an emergency waiving the
requirement to advertise a public hearing under the provi-
sions of Florida Statutes 125.66(3). Roll call vote was
taken and carried with Commissioner Harvey and Commissioner
Sorensen voting no. Motion was made by Commissioner Fahrer
and seconded by Commissioner Swift to adopt the following
emergency ordinance concerning the special assessments.
During discussion motion was made by Chairman Hernandez and
seconded by Commissioner Sorensen to postpone this item for
two (2) weeks. Roll call vote was taken and carried with
Commissioner Swift voting no.
The Assistant County Attorney addressed the Board
concerning Class E Air Conditioning license renewal in
accordance with the existing County Ordinance. Motion was
made by Commissioner Swift to grant a 30 day extension of
all existing Class E Air Conditioning licenses until the
Board of County Commissioners can review the provisions of
the existing ordinance relative to testing. Motion died for
lack of a second.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Motion was made by Chairman Hernandez and seconded
by Commissioner Fahrer to approve payment of a bill in the
amount of $1,000.00 to Moody's Investors, Inc., concerning
the $2,155,000.00 Refunding Improvement Bond, Series 1983.
Motion carried unanimously.
Motion was made by Chairman Hernandez and seconded
by Commissioner Harvey to appoint Mr. Stickney to serve as
the Project Director of the Grant between Monroe County and
U. S. Marshall's Office on improvements to the County Jail.
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey to adopt the following resolution
concerning receipt for unanticipated funds. Motion carried
unanimously.
RESOLUTION NO.268-1983
See Res. Book No. 34 which is incorporated herein by
reference.
1412 Z
The Board returned to the item discussed earlier
concerning Class C Air Conditioning. Motion was made by
Commissioner Swift and seconded by Commissioner Harvey to
delay testing of Class C Air Conditioning Licenses for a
period of 30 days from October 1, 1983 for all existing
Class C Air Conditioning Licenses and extending the effec-
tive date of those licenses. Roll call vote was taken and
carried unanimously.
The regular meeting recessed in order to hear
Board of Appeals.
Board of Appeals
4:00 P.M.
The Board of County Commissioners sat as the Board
of Appeals to hear the appeal of Max Roy and Donna Cockerham
and Plantation Point South, Inc. Proof of publication was
entered into the records.
Present were all Commissioners along with Mr.
Kolhage, Deputy Clerk; Mr. Saunders, Assistant County
Attorney; Mr. Lewin, County Administrator; Dr. Doyle,
Director Planning/Zoning/Building; members of the Press and
Radio; and general public.
The following appeal was heard: Max Roy and Donna
M. Cockerham, 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
BU-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.
The Assistant County Attorney, Ron Saunders,
briefly discussed the appeal procedure. Mr. Andy Tobin,
Attorney representing Max Roy and Donna M. Cockerham,
addressed the Board concerning his clients appeal. Mr.
James Kellar representing Mr. and Mrs. David Day and Norma
Manning, adjacent property owners, addressed the Board.
Motion was made by Commissioner Sorensen and seconded by
Commissioner Harvey to deny the appeal and uphold the deci-
sion of the Zoning Board. Roll call vote was taken and
failed with Commissioner Fahrer, Commissioner Swift and
Mayor Hernandez voting no. Motion was made by Commissioner
Fahrer and seconded by Commissioner Harvey to adopt the
following resolution reversing the decision of the Zoning
Board of Monroe County, Florida, without prejudice and
approving the request of Max Ray and Donna M. Cockerham to
reverse the decision of the Zoning Board of Monroe County,
Florida denying a change of zoning from RU-3 to BU-2R. Roll
call vote was taken and carried with Commissioner Harvey and
Commissioner Sorensen voting no.
RESOLUTION NO.269-1983
See Res. Book No. 34 which is incorporated herein by
reference.
The next appeal was heard: Plantation Point South,
Inc., requested the Board of County Commissioners to reverse
the decision of the Monroe County Zoning Board to rollback
the zoning from RU-1 to GU on the following described
property: TO WIT: being a part of Government Lot 6, in
Section 18, Township 63 South, Range 38 East, being bounded
on the West by the East line of Toners Nautical Shores, Plat
Book 4, page 36, and Plantation Ridge, Plat Book 3, page 43,
Z 143
on the northeast by the unrecorded Plat of Plantation Lake
Estates, and along the South line by the Atlantic Ocean,
Plantation Key.
Fred Tittle representing Plantation Point South,
Inc., addressed the Board concerning his clients appeal.
Mr. Wayne Garrison addressed the Chairman and requested to
be heard on this appeal. Mayor Hernandez denied the request
as he was not part of the original proceeding before the
Zoning Board. Motion was made by Commissioner Sorensen to
grant the appeal and reverse the decision of the Zoning
Board and to re -instate the Order as it was originally
granted. Motion died for lack of a second. Motion was made
by Commissioner Fahrer to deny the appeal and uphold the
decision of the Zoning Board. Motion died for lack of a
second. Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to grant the appeal and
reverse the decision of the Zoning Board and to re -instate
the Order as originally granted. Roll call vote was taken
and failed with Commissioner Fahrer, Commissioner Harvey,
Commissioner Swift and Mayor Hernandez voting no. Motion
was made by Commissioner Harvey and seconded by Commissioner
Fahrer to return this matter to the Zoning Board to recon-
sider the zoning rollback action. Roll call vote was taken
and carried unanimously.
PUBLIC HEARINGS
The Board now convened in order to hold public
hearings scheduled for 5:00 P.M. All Commissioners were
present along with representatives of the Clerk's Office,
County Attorney's Office, County Administrator, Press,
Radio, and general public.
A public hearing was held on a proposed ordinance
amending Section 19-5 of the Code of Ordinances to change
the definition of the word "story" in the Monroe County
Zoning Ordinance. Proof of publication was entered into the
records. Motion was made by Commissioner Harvey and
seconded by Commissioner Fahrer to read the proposed ordi-
nance by title only. Motion was made by Commissioner Harvey
and seconded by Commissioner Swift to continue the public
hearing until the next meeting. During discussion
Commissioner Swift withdrew his second. Motion died for
lack of a second. Motion was made by Commissioner Sorensen
and seconded by Commissioner Fahrer to deny approval of the
proposed ordinance and to strike it from the agenda. Roll
call vote was taken and carried unanimously.
A public hearing was held on a proposed ordinance
declaring a moratorium on all major developments permitted
under Chapter 6 of the Code of Ordinances of Monroe County,
except those in process as of February 9, 1982 except those
exempt therefrom as hereinafter setforth. Proof of publica-
tion was entered into the records. Motion was made by
Commissioner Sorensen and seconded by Commissioner Swift to
read the proposed ordinance by title only. Motion carried
unanimously. The following individuals spoke: Carol
Paxton of Cudjoe Key, Grace Kendall of Plantation Key, Ed
Davidson, Jim Kota of K-Mart who opposed the proposed ordi-
nance and requested an exemption for his project, Jim Dennis
of Tavernier and Brian O'Neal of Plantation Key.
Commissioner Fahrer read a telegram and introduced same into
the record from Joel Beardsey concerning Spoonbill
Development. During discussion motion was made by
Commissioner Sorensen and seconded by Chairman Hernandez to
amend the proposed ordinance to change the term from one (1)
year to nine (9) months. Roll call vote was taken and
failed with Commissioner Fahrer, Commissioner Harvey and
Commissioner Swift voting no: Motion was made by ,'
to
Commissioner Fahrer and seconded by Commissioner Sorensen
continue the public hearing to the Marathon meeting of
October 14, 1983. Roll call vote was taken and carried una-
nimously.
This concluded the public hearings.
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