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11/10/1983 RegularIL 70 Z Regular Meeting Board of County Commissioners Thursday, November 10, 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, 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 Pledge of Allegiance to the Flag. The first item of business was the Board's reogani- zation. The following nominations were received for Mayor/Chairman Board of County Commissioners. Commissioner Swift nominated Mayor Hernandez. Commissioner Sorensen nominated Commissioner Harvey and Commissioner Harvey nomi- nated Commissioner Sorensen. The Board proceeded to vote on the nominations. The vote was taken for Chairman Hernandez with the following results: Commissioner Fahrer No Commissioner Harvey No Commissioner Sorensen No Commissioner Swift Yes Mayor Hernandez Yes Nomination failed. The vote was taken for Commissioner Harvey and carried unanimously. Commissioner Harvey was duly elected Mayor/Chairman of the Board of County Commissioners for the ensuing year. Commissioner Harvey addressed the Board and the public and indicated that her election as Mayor was an honor and she would strive to serve the Board to the best of her ability. The Board then con- sidered nominations for Mayor Pro-Tem/Vice-Chairman. Commissioner Swift nominated Commissioner Sorensen. There were no further nominations. Roll call vote was taken on the nominatin of Commissioner Sorensen as Mayor Pro Tem/Vice Chairman and carried unanimously. Mayor Harvey assumed the Chair. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following resolution designating Wilhelmina Harvey as Chairman of the Board of County Commissioners of Monroe County, Florida, and authorizing her along with the Clerk of said Board to sign all warrants, legal documents and any other necessary papers and documents. Motion carried unani- mously. RESOLUTION NO.298-1983 See Res. Book No. 33 which is incorporated herein by reference. PUBLIC HEARINGS A public hearing was continued on a proposed ordi- nance pertaining to the use of fireworks in Monroe County; regulating the use thereof; requiring the posting of a bond; repealing any and all ordinances or parts of ordinances in conflict herewith; providing for severability; providing for inclusion in the Code of Ordinances of Monroe County, Florida; providing for an effective date. Proof of publica- tion was previously entered into the records. This was the Z 17V second public hearing. No one in the audience spoke for or against the proposed ordinance. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to continue to the next Marathon meeting. Motion carried una- nimously. Following the public hearing there was discussion regarding the December 2, 1983 meeting. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to cancel the December 2, 1983 meeting and to re -schedule it to November 23, 1983 in Marathon. Motion carried unanimously. OPENING OF BIDS Next item was the opening of sealed bids for the leasing of property situated on Long Key in the County of Monroe and State of Florida and known as being a parcel of land within Section 7, Township 65 South, Range 35 East. Proof of publication was entered into the records. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer authorizing the opening of the bids. Motion carried unanimously. The Clerk advised there was one (1) bid on the table as follows: Outdoor Resorts at Long Key, Inc. P. 0. Box 816 Long Key, Florida 33001 30 year lease - $750.00 per year Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to award the bid to Outdoor Resorts. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to provide that the lease will include a requirement for a buffer of six foot (6') by four foot (4') of vegetation between subject premises and all public rights -of -way and the County Attorney was authorized to prepare and the Chairman to exe- cute said agreeement. Roll call vote was taken and carried unanimously. Next item was the opening of sealed bids for the establishment of an Artificial Reef. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to authorize the Clerk to open the bids. Motion carried unanimously. The Clerk advised he was in possession of one (1) bid as follows: Alexander Marine P. 0. Box 1516 Key West, Florida 33040 $11,244.00 Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to refer the bid to staff consisting of Dr. Fisher, and the Artificial Reef Association for a report back in two (2) weeks. Motion carried unanimously. LEGAL DEPARTMENT The Legal Department was requesting to advertise public hearings on an ordinance amending Ordinance No. 003-1983 and to Chapter 6, Article III concerning Class "C" Air Conditioning Contractors. These items were withdrawn from the agenda. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to deny a request from the Legal Department to advertise a public hearing for a proposed ordinance amending Chapter 19 of the Monroe County Code of Ordinances to be numbered Section 19-21(d) and entitled "Alternate Members" (Board of Adjustment), etc. Motion carried unanimously. 1722 Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute an amendment to Agreement by and between Monroe County and Orvis M. Kemp, CPA, dated June 16, 1983 and amendment of March 31, 1983 for auditing of the County's records. Motion carried unanimously. RESOLUTION NO.299-1983 See Res. Book No. 34 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to adopt the following resolution authorizng the Mayor and Chairman of the Board of County Commissioners to execute a Joint Participation Agreement by and between the County of Monroe, State of Florida, and the City of Key West; said agreement providing funding for the Community Pool located at 300 Catherine Street, Key West, Florida. Motion carried unanimously. RESOLUTION NO.300-1983 See Res. Book No. 34 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following resolutions by unanimous consent: Resolution reversing the decision of the Zoning Board of Monroe County, Florida, without prejudice and approving the request of Lee Hanke to reverse the decision of the Zoning Board of Monroe County, Florida, denying a change of zoning from GU to BU-1L. RESOLUTION NO.301-1983 See Res. Book No. 4 which is incorporated herein by reference. Resolution upholding the decision of the Zoning Board of Monroe County, Florida, without prejudice and denying the request of Fred A. Losley to reverse the deci- sion of the Zoning Board of Monroe County, Florida, denying a change of zoning from RU-3 to BU-2T. RESOLUTION NO.302-1983 See Res. Book No. 34 which is incorporated herein by reference. Resolution reversing the decision of the Zoning Board of Monroe County, Florida, without prejudice and approving the request of Southeastern Propane Corp., to reverse the decision of the Zoning Board of Monroe County, Florida, denying a change of zoning from GU to BU-3Y. RESOLUTION NO.303-1983 See Res. Book No. 34 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an agreement by and between the Board of County Commissioners of Monroe County, Florida, and Anita Sallas for the purpose of providing nutrition consultation in the Older Americans Act, Title III-C, Nutrition Program. RESOLUTION NO.304-1983 See Res. Book No. 34 which is incorporated herein by reference. Motion carried unanimously. Z 1'73 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 of Monroe County, Florida, to execute a lease by and between Air Cargo America, Inc., and the County of Monroe, State of Florida. During discussion motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to amend Section 3 to provide, "that the County may cancel at the sole discretion of the County at the end of one (1) year" and amend Section 6 to change the reference of "Airport Manager" to "County Commission". Amendments were unanimously approved. Roll call vote was taken on the ori- ginal motion as amended and carried unanimously. RESOLUTION NO.305-1983 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 authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute a lease agreement by and between James P. Colburn and the County of Monroe, State of Florida. During discussion a motion was made by Commissioner Swift and seconded by Commissioner Sorensen to postpone this item until the next meeting. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following resolution incorporating a biological assessment into the records concerning the application of Richard Webster to enlarge his upland residential property and provide boat mooring facilities at the property. During discussion Mr. Charlie Morbacher, Ms. Florence Boss, and Mr. James Critcher addressed the Board and opposed the application. The motion was then withdrawn by the maker. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to postpone this item until November 23, 1983. During discussion Ms. Elizabeth Stanley representing Dr. Webster addressed the Board. Roll call vote was taken on the motion to postpone and failed with Commissioners Hernandez, Sorensen and Swift voting no. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt the following resolution incorporating the biological assessment into the records in reference to the rip rap and backfill only. Roll call vote was taken and carried with Commissioner Fahrer and Mayor Harvey voting no. RESOLUTION NO.306-1983 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- lutions by unanimous consent: Resolution transferring funds. RESOLUTION NO.307-1983 See Res. Book No. 34 which is incorporated herein by reference. Resolution approving Monroe County's appointment of Ms. Pat Lowe to the South Florida Employment and Training Consortium Private Industry Council under the provisions of the Position Paper on the procedures for establishing the SFETC-PIC under the provisions of the Job Training Partnership Act to fill the vacancy in the Monroe County Public Sector/Labor Seat vacated by Mr. Alvin Burney. 1'74Z RESOLUTION NO.308-1983 See Res. Book No. 34 which is incorporated herein by reference. Resolution approving the Contract entitled Purchase of Professional Services between Monroe County and South Florida Employment and Training Consortium for October 1, 1983 through June 30, 1984. RESOLUTION NO.309-1983 See Res. Book No. 33 which is incorporated herein by reference. Motion carried unanimously. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to approve the following items by unanimous consent: Approval of the following Warrants for November, 1983: W A R R A N T S GENERAL REVENUE FUND, #13646-14082, in the amount of $1,214,08 .27. GENERAL REVENUE FUND FRS, #115, in the amount of $73,272.20. SUPPLEMENT TO THE GENERAL REVENUE FUND, #127-128, in the amount o . FINE & FORFEITURE FUND, #293-296, in the amount of $76,254.4 ROAD & BRIDGE FUND, #248-250, in the amount of $758,072. 5. AIRPORT OPERATION & MAINTENANCE FUND, #179-182, in the amount of 67,00 .66. MSD FUND, SOUTHEAST BANK, #166-167, in the amount of $121,196.30. TOURIST DEVELOPMENT FUND, #66-71, in the amount of $20,390.44. LAW LIBRARY FUND, #100-101, in the amount of $1,056.90. CARD SOUND BRIDGE REVENUD FUND, #7-8, in the amount of $3,972. 33. MSD TAX DISTRICT, #423-425, in the amount of $124,404. 6. WORKMENS COMPENSATION, #717-733, in the amount of $10,001.48. TRANSLATOR FUND, #16-18, in the amount of $3,887.52. CROSS KEY WATERWAY FUND, #3-4, in the amount of $85,214.32. Approval of payment of the following Fine and Forfeiture expenses: Z ' JL 75 Competency & Psy. Evaluation Richard Hellman 435.00 Court Appointed Attorney s Robert Duffy 160.00 Other Expenses Fla. Keys Pay Fair 16.34 Court Reporter Services Associated Court Reporters 377.50 Broward Reporting Services 369.95 Certified Court Reporters 675.00 Brenda Farrell 2,675.20 Stephen E. Moore 40.00 Rapid Reporting 20.00 Court Interpreter Tana De Gamez 25.00 Jerome Grapel 35.00 Louis Cuervo 45.00 Stephen Moore 30.00 Alicia Utermark 50.00 Grand Total 4,953.99 Board acknowledged receipt of the Annual Report of the Monroe County Sheriff for Fiscal Year ending September 30, 1983. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator's Report was next. Mr. Edward Stickney, Public Works Director, and Mr. William Russell, Assistant Director of Building/Planning/Zoning discussed a request to create a new position of Zoning Inspector for the enforcement of the Sign Ordinance. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to approve the new position of Zoning Inspector in accordance with the request of the Assistant Director of Building/Planning/Zoning. During discussion the second was withdrawn and Mayor Harvey then seconded the motion. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to postpone this item until the next meeting. Roll call vote was taken and carried with Commissioner Hernandez and Mayor Harvey voting no. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve Payment Request No. 1 from Charley Toppino & Sons, Inc., on Jr. College Road Project in the amount of $33,209.00. Motion carried unani- mously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to approve the following items by unanimous consent: Resolution concerning Monroe County Pay Plan for Fiscal Year 1983-84 which includes $600.00 cost -of -living increases. RESOLUTION NO.310-1983 See Res. Book No. 34 which is incorporated herein by reference. Approval of a variance to the AICUZ Zone for Mr. Creed E. Hall on Lot 5, Block 13, Tamarac Park, as recorded in Plat Book 5, page 77, and located in Section 27, Township 67 I JL 76 z South, Range 26 East, Geiger Key, AICUZ Zone 2-B (70-75 db), Zoning Classification RU-5. Approval of payment of monthly invoice for the month of September, 1983 for road work to Post, Buckley, Schuh and Jernigan, Inc., in the amount of $51,580.29. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to approve refunds in the amount of $200.00 to John and Beatriz Duke, applications for Zoning Change and Special Use Approval denied. Motion carried una- nimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to postpone an item con- cerning Landscape Grant for the beautification of the median between the intersection of 905 and US #1 down through Key Largo to the November 23, 1983 meeting. Motion carried una- nimously. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to postpone an item concerning payment to Robert Bensko in the amount of $5,649.88 until the November 23, 1983 meeting. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to approve the Bond of the Clerk of the Circuit Court, Danny L. Kolhage. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to postpone an item concerning discussion of existing Flood Insurance regulations to 3:15 P.M. today. Motion carried unanimously. Commissioner Fahrer discussed the Code Review Board and a recent resignation letter received from nick Divoll. After further discussion it was agreed that Commissioner Fahrer would arrange for a meeting with that Board. Commissioner Sorensen discussed an invitation for all Commissioners and staff to attend a luncheon given by the Veterans Council in the Upper Keys today at noon at the Elks Club in Tavernier. Commissioner Hernandez discussed the hearing which had been continued and was scheduled to be heard today on Carlos Jose Villalobos's request to 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, of Lot 57, of Sunset Acres as recorded in Plat Book 6 page 31, and located in Section 27, Township 62 South, Range 38 East, Key Largo, Mile Marker 93. Commissioner Hernandez indicated that he had been contacted and requested that the public hearing be continued. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to continue the Public Hearing to December 16, 1983. Motion carried unanimously. OPENING OF BIDS Mr. John Ahearn, President of the Monroe County Z 177 Artificial Reef Association, addressed the Board concerning the bid received earlier for the establishment of an artifi- cial reef. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to award the bid to Alexander Marine in the amount of $11,244.00. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Fahrer discussed the existing Flood Insurance Regulations. No action was taken. Commissioner Swift discussed the request of Mr. Mel Levitt to use the County WATS and SUNCOM lines as part of his duties as a Liason to the County for matters concerning senior citizens. Motion was made by Commissioner Swift and seconded by Commissioner Hernandez to authorize Mr. Levitt to make use of County WATS and SUNCOM lines in his capacity as Liason for senior citizens programs. Motion carried una- nimously. Commissioner Swift discussed his and Commissioner Fahrer's participation at Growth Conferences. No action was taken. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the final payment to Frank Keevan and Son, Inc., for Key West ADAP-06 Project at Key West International Airport in the amount of $24,564.00. Roll call vote was taken and carried unanimously with Commissioner Hernandez absent. Mayor Harvey discussed the proposed re - advertisement of the General Revenue Fund of Monroe County to take in un-budgeted revenues. After discussion motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the re -advertisement of the General Revenue Fund to provide for an additional appropriation of $100,000.00 in the category of Parks and Recreation said funds to come from amounts received and not anticipated in the original Budget. Roll call vote was taken and carried unanimously. Chairman Harvey discussed an emrgency ordinance regarding the Annual Special Assessment Fee. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to declare an emergency waiving the requirement of advertising pursuant to provisions of Florida Statutes 125.66. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to declare an emergency due to fiscal situation in the Municipal Service Tax District (Waste). Roll call vote was taken and carried unanimously. Mr. Proby read the title of the proposed ordinance. There was no public participation. Mayor Harvey made a motion to amend to provide that the Special Assessment will not exceed fifty percent (50%) of the ad valorem tax. Motion died for lack of a second. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to adopt the following ordinance amending Ordinance No. 17-1983 by amending subsec- tion 1 of Section 1 of said ordinance; repealing all ordinan- ces or parts of ordinances in conflict with this ordinance; providing for severability; and providing an effective date. Roll call vote was taken and carried with Mayor Harvey voting no. ORDINANCE NO.026-1983 See Ord. Book No. 6 which is incorporated herein by reference. 178 Z Ms. Ann McGee, Chairperson of the Fine Arts Council, addressed the Board. Mr. Grant Sprading, Executive Director of the Fine Arts Council, and Upper Keys Members of the Fine Arts Council also addressed the Board. No action was taken. Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to adopt the following reso- lution authorizing calling for bids for expansion of present jail facilities located at Jackson Square. Motion carried unanimously. RESOLUTION NO.311-1983 See Res. Book No. 34 which is incorporated herein by reference. Commissioner Swift also discussed his meeting and work with the Redevelopment Agency concerning property of the Truman Annex. The County Attorney was directed to direct a request in writing to the U. S. Navy for land to be used for re -location of the Fla. Keys Aqueduct Authority's tanks which are currently in the Jackson Square property. Commissioner Hernandez discussed Gulf Lane in Big Coppitt Key. Motion was made by Commissioner Hernandez and seconded by Chairman Harvey to authorize the acceptance by the County of Gulf Lane on Big Coppitt Key. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Hernandez Yes Commissioner Sorensen Absent Commissioner Swift No Mayor Harvey Yes Tie vote, motion failed. UNFINISHED BUSINESS Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve pp payment to R. W. Taylor Steel Co., in the amount of $22,145.00 for completion of work on incinerators at North Key Largo, Long Key and C u d j o e Key. Motion carried with Commissioner Harvey voting no and Commissioner Sorensen absent. Motion was made by Commissioner Hernandez and seconded by Commissioner Fahrer to approve the City of Key West's request to proceed with dreding and fill removal of 6500 to 8000 cubic yards from area west of the sewer pumping station off Government Road. During discussion Commissioner Hernandez withdrew his motion. Motion was made by Commissioner Hernandez and seconded by Chairman Harvey to Postpone this item until November 23, 1983. Motion carried unanimously. The Board discussed request for additional funding from the Lower Keys Mental Health Clinic. Motion was made by Commissioner Hernandez and seconded by Chairman Harvey to appropriate an additional $17,076.00 from the Contingency Fund to the Account for the Lower Keys Mental Health Clinic. During discussion Dr. D'Amato addressed the Board. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to amend the motion to provide that the clinic would charge the County $150.00 instead of $200.00 for court ordered psychiatric evaluations. Roll call vote on the amendment was unanimous. Roll call vote on the motion as amended was unanimous. Motion was made by Commissioner Hernandez and Z '1'79 seconded by Chairman Harvey to reconsider the previous action of the Board awarding the food service bids for 1984 to C. R. Food Service Co. Roll call vote was taken with Commissioner Fahrer and Commissioner Swift voting no. Under reconsideration motion was made by Commissioner Hernandez and seconded by Commissioner Swift to keep the Harris School nutrition site open. During discussion Eloise Stans of the Key Largo Older Americans Advisory Board addressed the Board and recommended on behalf of the Older Americans Advisory Board that the Harris School site be closed. Roll call vote was taken on the motion and failed with Commissioner Fahrer, Commissioner Sorensen and Commissioner Swift voting no. Motion was made by Commissioner Fahrer and seconded by Commissioner Sorensen to confirm the award of the bid for food services to the Nutrition Program to C.R. Food Service Co. Roll call vote was taken and carried with Commissioner Hernandez and Chairman Harvey voting. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following reso- lution approving a Lease Agreement with National Commuter Airlines. During discussion the motion was withdrawn. T,e Board then discussed a request of State Airlines for a Sub - Lease Agreement. The Airport Manager was directed to bring a copy of the Sub -Lease Agreement back to the Board for con- sideration. Board of Appeals Hearings 4:00 P.M. The Board of County Commissioners sat as the Board of Appeals. Present were Commissioners Fahrer, Hernandez, Sorensen, Swift and Chairman Harvey. Also present were Mr. Kolhage, Clerk; Mr. Proby, County Attorney; Mr. Lewin, County Administrator; members of the Press and Radio; and general public. Proof of publication was entered into the records. The first appeal heard was as follows: Ocean Harbor requests the Board of County Commissioners to reverse the decision of the Monroe County Zoning Board, in denying approval based on the 4/5 rule for a request for Final Major Development, Community Impact Study, Final Development Plan, and Final Change of Zoning from RU-1 to RU-3 for tracts I, J. and K, of Plantation Beach Subdivision, as recorded in Plat Book 2, page 76, and located in Section 18, Township 63 South, Range 37 East, Plantation Key, for the project known as Ocean Harbour for tracts B,C,D, and E (excluding Tract A, which is the marina at this time.) Mr. Fred Tittle, Attorney representing Ocean Harbour, addressed the Board. During his conversation he questioned the application of the 4/5 rule. Mr. Bob Blandford, President of the Association of Plantation by the Sea, addressed the Board concerning the appeal. Mr. Tittle then addressed the Board with closing remarks. Motion was made by Commissioner Hernandez and seconded by Commissioner Swift to adopt the following resolution reversing the deci- sion of the Zoning Board and granting the request of Ocean Harbor Development Plan, Community Impact Study, and Change of Zoning from RU-1 to RU-3 for Tracts I, J and K of Plantation Beach Subdivision, as recorded in Plat Book 2, Page 76, and located in Section 18, Township 63 South, Range 37 East, Plantation Key, for Project known as Ocean Harbour as requested by Ocean Harbour Development Corporation. Roll call vote was taken and carried with Commissioner Fahrer voting no. RESOLUTION NO.312-1983 See Res. Book No. 34 which is incorporated herein by reference. IST z Commissioner Hernandez left the meeting at this time. Next appeal was as follows: Peter and Ellen Greenwald, Arthur I, and Victoria Eichner, requests a change of zoning from GU to BU-2Q on tract 5A, less the northeasterly 800 feet of said Tract 5A, according to the Amended Plat of Mandalay as recorded in Plat Book 2, page 25, and located in Section 6, Township 62 south, Range 39 East, Key Largo. Mr. Fred Tittle, representing the Greenwald's, Eichner's and Tom Thumb Food Store, addressed the Board con- cerning the appeal. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following resolution upholding the decision of the Zoning Board without prejudice and approving the request of Peter and Ellen Eichner to reverse the decision of the Zoning Board denying a change of Zoning from GU to BU-2Q. Roll call vote was taken and carried with Commissioner Swift voting no. RESOLUTION NO.313-1983 See Res. Book No. 34 which is incorporated herein by reference. The County Attorney then advised the Board that the following items would be removed from the agenda since the previous appeal was denied: Peter and Ellen Greenwald, Arthur and Victoria Eichner, requests a BU-2B with a BU-20, on tract 5A, less the northeasterly 800 feet of said Tract 5A, according to the amended Plat of Mandalay, as recorded in Plat Book 2, page 25, and located in Section 6, Township 62 South, Range 39 East, Key Largo. Peter and Ellen Greenwauld, Arthur and Victoria Eichner, requests a Special use Approval under Section 19-217(c) retail and wholesale sales and services and ser- vices not expressly permitted for in a BU-20 (subject to rezoning), for gasoline sales, on tract 5A, less the northeasterly 800 feet of said Tract 5A according to the Amended Plat of Mandalay, as recorded in Plat Book 2, page 25, and located in Section 6, Township 62 South, Range 39 East, Key Largo. There being no further business before the Board of appeals the hearing was adjourned. Regular Meeting Re -convened The regular meeting re -convened with everyone pre- sent except Commissioners Fahrer and Hernandez along with staff. UNFINISHED BUSINESS Motion was made by Commissioner Sorensen authorizing the Chairman Commissioners to execute County of Monroe, State Airlilnes, Inc. for the services and privileges Roll call vote was taken by Commissioner Swift and seconded to adopt the following resolution of the Board of County an agreement by and between the of Florida, and National Commuter purpose of obtaining certain rights, at Key West International Airport. and carried unanimously. RESOLUTION NO.314-1983 See Res. Book No. 34 which is incorporated herein by reference. 1 1 1 PUBLIC HEARINGS A public hearing was held on a proposed ordinance amending Section 6-234(e),-Monroe County Code, to provide for appeal of Zoning Board decision on preliminary and1final development plan to Board of County Commissioners. Proof of publication was previously entered into the records. This was the second hearing. There was no public participation. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to adopt said ordinance. Motion carried unanimously. ORDINANCE NO. 027-1983 See Res. Book No. 34 which, is incorporated herein by reference. The Board held a public hearing on a proposed ordi- nance amending Section 19=.234(d) and (f), Monroe County Code, to provide for appeal] of Zoning Board decision for appeal of Zoning Board decision on preliminary and final PUD project plat to Board of County Commissioners. Proof of publication was previously entered into the records. This was the second hearing. No one in the audience spokeifor or against the proposed ordinance. Motion was made by ' Commissioner Sorensen and seconded by Commissioner Swift to adopt said ordinance. Motion carried unanimously. ORDINANCE NO.028-1983 See Ord. Book No. 6 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS' Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to authorize travel tol Tallahassee for Mayor Harvey on November 15 and to Miami to an HRS meeting on November 19, 1983. Motion carried unani- mously. I Motion was made by Chairman Harvey and seconded by Commissioner Sorensen to approve travel for Commissioner Swift and Commissioner Fahrer on November 4 and 5, 1983 to Miami. Motion carried unanimously. The Board discussed the preparation of the agenda. Motion was made by Commissioner Swift and seconded by,, Chairman Harvey directing.Mr. Stickney as Acting County Administrator to begin preparation of the agenda and to pro- vide for a section of the agenda for consent items. Motion carried unanimously. Commissioner Hernandez was to discuss appointments to the Monroe County Marine Advisory Council. Motion,was made by Commissioner Sorensen and seconded by Chairman Harvey to postpone this item for two (2) weeks. Motion carried unanimously. The County Attorney and the Clerk discussed the need to have authorization to extend the use of Commissioner Hernandez's signature through the payroll of November 15, 1983. Motion was made by -'Commissioner Swift and seconded by Commissioner Sorensen to adopt the following resolution authorizing the use of Commissioner Hernandez's signature through November 15, 1983. Motion carried unanimously. RESOLUTION NO.315-1983 See Res. Book No. 34 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to, adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Sign Lease by and between the County of Monroe, State of ;Florida, and the Key Ambassador Company for sign lease space at the Key West International Airport. Motion carried unanimously. RESOLUTION NO.316-1983 See Res. Book No. 34 which,is incorporated herein by reference. Mr. Aguero discussed the need to purchase certain equipment to add to the computer installation of the Property Appraiser for the purpose of maintaining the files and production of the Special Assessment Roll. Motion,,was made by Mayor Harvey and seconded by Commissioner Swift authorizing the expenditure of $21,000.00 for the purchase of a disk drive to be added to the computer equipment of the Property Appraiser for the -'purpose of processing the Municipal Service District�Special Assessment Roll. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Swift to approve the payment !of Invoice to Keys Marine, Invoice No. 6, Copa D'Ora Bridge, in the amount of $29,092.41. Motion carried unanimously.'I Motion was made by Commissioner Sorensen and seconded by Commissioner Swift approve payment of Invoice to Upper Keys Marine, Invoice No. 2, Yellowtail Bridge, in the amount of $33,896.66. Motion carried unanimously. The Assistant County Attorney, Mr. Ron Saunders, indicated that the Board s-hould indicate their acknowledge- ment of the authority of Mayor to sign the Final Development Order concerning Ocean Harbor pursuant to their action today in the Board of Appeals in that matter. The Board then acknowledged individually and collectively that the Mayor had the authority to sign and execute the Final,l Development Order concerning Ocean Harbor pursuant to their action at the Board of Appeal Hearings on this date concer- nign said project. Motion carried unanimously. There being no further business the meeting was adjourned. 1 1 1