01/27/1984 RegularZ-'5
Regular Meeting
Board of County Commissioners
Friday, January 27, 1984
10:00 A.M., Key West
A regular meeting 'pf the Board of County
Commissioners convened on the above date. Present and
answering to roll call were, Commissioner Alison Fahrer,
Commissioner Jerry Hernande1z, Jr., Commissioner Ken
Sorensen, Commissioner Ed Swift and Chairman Wilhelmina
Harvey. Also present were Danny L. Kolhage, Clerk; Lucien
Proby, County Attorney; Kerinit Lewin, County Administrator;
Members of the County's Consulting Engineers; Members of the
Press and Radio; and genera1. l public.
All stood for the 'Invocation led by Rev. Eugene
Torres of the Seventh Day A-dventist Church and remained
standing for the Pledge of Allegiance to the Flag.
Commissioner Sorensen introduced a group of gifted
children from Poinciana School along with teachers and
parents who were present inthe audi-ence. Mayor Harvey
welcomed the group.
PUBLIC HEARINGS
A public hearing was held on a proposed ordinance
amending Chapter 8 of the Monroe County Code to provide for
the prohibition of discardi„ng commercial dumping and/or
trash at places other than'the three incinerator sites.
Proof of publication was entered into the records. Mr.
Lawrence Gomez of Key West -addressed the Board. Motion was
made by Commissioner Sorensen to read the proposed ordinance
by title only. Motion carried unanimously. Motion was made
by Commissioner Sorensen a0d seconded by Commissioner Fahrer
to adopt the proposed ordinance as advertised. Roll call
vote was taken and carried'unanimously.
ORDINANCE NO.007-1984
See Ord. Book No. 7 which i!s incorporated herein by
reference.
A public hearing was held on a proposed ordinance
repealing Article III, entitled "Employment Policies and
Procedures", Chapter 2, of ;the Monroe County Code, declaring
the same to be null and void and of no effect and providing
for the substitution therefore the new revised Employment
Policies and Procedures. Proof of publication was entered
into the records. Motion was made by Commissioner Swift and
seconded by Commissioner Sorensen to read the proposed ordi-
nance by title only. Motion carried unanimously. There was
no public participation. Motion was made by Commissioner
Hernandez and seconded by Commissioner Fahrer to adopt the
proposed ordinance as amended. During discussion Ms. Paula
Rodriguez, County Personneli Director, was questioned by the
Board regarding Section 161Appearance Code. Motion was made
by Chairman Harvey and seconded by Commissioner Fahrer to
delete Section 16 Appearance Code from the proposed ordi-
nance. Roll call vote was -taken on the amendment with the
following results:
Commissioner Fahrer Yes
Commissioner Hernandez No
Commissioner Sorensen No
Commissioner Swift No
Mayor Harvey Yes
Motion on the amendment failed. Commissioner Fahrer
discussed Section 204 (F). No action was taken on this
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item. roll call vote was taken on the original motion to
adopt said ordinance and carried unanimously.
ORDINANCE NO.008-1984
See Ord. Book No. 7 which is incorporated herein by
reference.
OPENING OF BIDS
Next item was the opening of sealed bids for the
Monroe County Jail Expansion Program. Proof of publication
was entered into the records. The Clerk advised the Board
that one (1) bid was received untimely by twenty-three minu-
tes and that it was noted on the envelope that there was an
accident on the highway in the Big Pine Key area which held
traffic up approximately 30 minutes. Motion was made by
Commissioner Fahrer and seconded by Commissioner Swift to
waive the time requirement on said bid. Motion carried una-
nimously. Motion was made by Commissioner Swift and
seconded by Commissioner Sorensen to authorize the Clerk to
open the bids on the table. Motion carried unanimously.
The following bids were received:
Shaver Construction Co., Inc.
8881 Southwest 107th Ave
Suite 204
Miami, Florida 33176 $19777,000.00
Seaboard Construction, Inc.
C-109 Ocean Reef Plaza
Ocean Reef Club
Key Largo, Fla. 33037 $1,900,000.00
Motion was made by Commissioner Hernandez and seconded by
Commissioner Sorensen to reject the bids. Mr. Bob Harris,
Consultant, addressed the Board and recommended that the
Board reject the bids and seek proposals with contractors.
Roll call vote was taken and carried unanimously. Motion
was made by Commissioner Hernandez and seconded by
Commissioner Sorensen to allow the Consultants and staff to
seek proposals from all interested contractors and report
back to the Board at the next meeting. Roll call vote was
taken and carried unanimously. The Consultants were
instructed to keep Mr. Proby informed. A special meeting
will be called shortly.
Next item was the opening of sealed bids for one
(1) new Trash Compactor for the Monroe County Municipal
Service District. 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 following
bids were received:
DeWind Machinery Company
P.O. Box 23010
Ft. Lauderdale, Fla. 33307
Kelly Tractor Co.
P. 0. Box 775
Miami, Fla. 33152
Neff Machinery, Inc.
4343 N.W. 76th Avenue
Miami, Fla. 33166
H.F. Mason
P. 0. Box 2247
Hialeah, Fla. 33012
$141,132.00
Alt. $115,660.00
$158,275.00
$111,000.00
$125,672.00
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Motion was made by Commissioner Sorensen and seconded by
Commissioner Swift to refer'the bids to staff for a report
back to the Board at the next meeting. Motion carried una-
nimously.
Next item was the opening of sealed bids for two
(2) gas operated trucks forlIthe Monroe County Municipal
Service District. Proof oft,publication was entered into the
records. Motion was made by Commissioner Sorensen and
seconded by Commissioner Hernandez to authorize the Clerk to
open the bids. Motion carrl;ied unanimously. The following
bids were received:
Duncan Ford, Lincoln-Mercury
1618 Roosevelt Blvd.
Key West, Florida 33040 (2) $41,242.58
Bob Chango Inc.
3500 N. Roosevelt 'Blvd.
Key West, Florida 33040 (2) $39,995.24
Motion was made by Commissi,'oner Fahrer and seconded by
Commissioner Swift to refer the bids to staff for a report
back to the Board at the next meeting. Motion carried una-
nimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve the following items by una-
nimous consent:
LEGAL DEPARTMENT
The Legal Department was authorized to advertise and call
for bids for the installation of daybeacons to mark the
channel in "Lakes" section;'between Key West and Boca Grande
Key, Florida.
The Legal Department was authorized to advertise and call
for bids for the installation of daybeacons in Key Colony
Beach, Florida.
The following resolution authorizing the Chairman of the
Board of County Commissioners to obligate itself to submit
an application for $6,483 .in Community Service Block Grant
Funds and to sign the grant award when notified to provide
meal services to low income persons.
RESOLUTION NO.022-1984
See Res. Book No. 36 which'is incorporated herein by
reference.
The following resolution authorizing the Chairman of the
Board of County Commissioners to execute an Agreement by and
between the Board of County Commissioners of Monroe County,
Florida, and the Monroe Alcholism Rehabilitation Center.
RESOLUTI,,ON NO.023-1984
See Res. Book No. 36 which„ is incorporated herein by
reference.
The following resolution authorizing the Chairman of the
Board of County Commissioners to execute an Agreement by and
between the Board of Country Commissioners of Monroe County,
Florida, and the Monroe Association for Retarded Citizens.
RESOLUTEJON NO.024-1984
See Res. Book No. 36 which, is incorporated herein by
reference.
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The following resolution authorizing the Chairman of the
Board of County Commissioners to execute an Agreement by and
between the Board of County Commissioners of Monroe County,
Florida, and Fishermen's Hospital, Inc., for the purpose of
providing meals for senior citizens participating in the
Older Americans Act, Title III-C, Nutrition Program in.
Marathon, Florida.
RESOLUTION NO.025-1984
See Res. Book No. 36 which is incorporated herein by
reference.
The following resolution authorizing the Chairman of the
Board of County Commissioners to execute an Agreement by and
between the Board of County Commissioners of Monroe County,
Florida, and Mariner's Hospital, Inc., for the purpose of
providing meals for senior citizens participating in the
Older Americans Act, Title III-C, Nutrition Program in
Plantation Key, Florida.
RESOLUTION NO.026-1984
See Res. Book.No. 36 which is incorporated herein by
reference.
The following resolution authorizing the Chairman of the
Board of County Commissioners 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.027-1984
See Res. Book No. 36 which is incorporated herein by
reference.
The following resolutions concerning the receipt of unan-
ticipated funds.
RESOLUTION NO.028-1984
RESOLUTION N0.029-1984
RESOLUTION N0.030- 984
RESOLUTION NO.03 - 984
RESOLUTION NO.032-1984
See Res. Book No. 36 which is incorporated herein by
reference.
The following resolution transferring funds.
RESOLUTION NO.033-1984
See Res. Book No. 36 which is incorporated herein by
reference.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
The following Warrants for January, 1984:
W A R R A N T S
GENERAL REVENUE FUND, #16230-16498, in the amount
of $2,076,247.90.
SUPPLEMENT TO THE GENERAL REVENUE FUND, #134, in
the amount of 26,278.68.
FINE & FORFEITURE FUND, #260-262, in the amount of
$171,034.72.
MSD, BOULEVARD BANK, #4-5, in the amount of
$39853.58.
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CAPITAL PROJECT FUND, #47, in the amount of
$5,142.00.
AIRPORT OPERATION!& MAINTENANCE FUND, #195-197, in
the amount of 6,352.05.
1981 BOND IMPROVEMENT FUND, #13-15, in the amount
of $1,596. 11.
MSD TAX DISTRICT, #4, in the amount of $3,737.00.
TOURIST DEVELOPMENT FUND, #79-82, in the amount of
$36,792.06.
MSD FUND, MARINE BANK, #448-457, in the amount of
$246,034.60.
CARD SOUND BRIDGE -REVENUE FUND, #17, in the amount
of $6,229.42.
MSD TAX DISTRICT,,;#175-177, in the amount of
$74,102.92.
WORKMENS COMPENSATION, #810-825, in the amount of
$4,645.91.
TRANSLATOR FUND, #23, in the amount of $4,943.53.
MSD PLEDGED FUND,:#16, in the amount of
$202,000.00.
The following Fine and Forfeiture Fees:
FINE & FORFEITURE FEES
COMPETENCY & PSY.'EVALUATIONS: Richard Hellman, in
the amount of $250.00.
COURT REPORT SERVJCES, Certified Court Reporters in
the amount of $2,883.45; B;ren-- a Farrell in the' amount 'of
$5,935.60.
WITNESS FEES & WItTNESS PAYROLL, Fees in the amount
of $10.00; Travel in the al mount of $559.06.
The following Monroe County Advertising Commission
expenditures:
MONROE COUNTY ADVERTISING COMMISSION FEES
Stuart Newman Associates, in the amount of
$1,611.28.
The following Monroe County Tourist Development Council
expenditures:
TOURIST DEVE,;LOPMENT COUNCIL FEES
SOUTHERN BELL, in the amount of $269.55.
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GREATER KEY WEST 'CHAMBER OF COMMERCE, in the amount
of $1,600.00.
KEY WEST OFFSHORE, POWERBOAT ASSOCIATION, in the
amount of $5,482.35. 1
EDDIE BREEZE, travel, in the amount of $110.00.
RED BARN THEATRE,' in the amount of $2,109.84.
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STUART NEWMAN ASSOCIATES, in the amounts of
$15277.09-,—U42.22, $ 6,90 .60, $5,963.39, $9,621.94,
$15,400.84, and $933.44.
The Minutes for the month of December, 1983.
The Chairman was authorized to execute State Aid to
Libraries Agreement between State of Florida, Department of
State, Division of Library Services and the Board of County
Commissioners of Monroe County, Florida.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Acknowleded receipt of Report No. 10316, which was made on
the financial and compliance audit of the District School
Board, Monroe County for fiscal year ended June 30, 1982.
Approval payment of Invoice No. 21 to Post, Buckley, Schuh
and Jernigan, Inc., in the amount of $1,521.78 for the month
ending November 30, 1983.
Approval of refund in the amount of $72.00 to Tidewater
Construction Company for duplicate permit (Permit No.
13783).
Approval to submit Application for Community Services Block
Grant Funds to the Department of Community Affairs for
period of April 1, through September 30, 1984 for the
Nutrition Program.
Approval of Contract Application between the State of
Florida, Department of Health and Rehabilitative Services
and Monroe County Social Services Department, for period of
October 1, 1983 through September 30, 1984 for participation
in Emergency Food Assistance Program.
Approval of pre -application to the FAA for runway and ramp
lighting, runway grooving and US#1 right-of-way land
acquisition at the Marathon Airport.
Approval of Engineering Agreement between Monroe County and
Post, Buckley, Schuh and Jernigan, Inc., for Airport
Improvement Program to overlay, mark and stripe runway at
the Marathon Airport.
Approval of Senior Community Service Project (SCSP) Budget
modification authorizing an additional $40,000.00 of Federal
funds.
Appointed the following individuals to the SCSP Advisory
Council:
Bill Smith - Counselor - Employ. Serv., Marathon
Judy Greenman - Coordinator - PIC, Marathon
Tony Kavolius - Safety Specialist/SCSP Key West
Roberta Campbell - Job Dev./SCSP Plantation Key
Marsha Gordon - Continuing Educat. - FKCC Key West
Joan Rogers - Project Secretary/SCSP Key West
UNFINISHED BUSINESS
Approval of Change Order No. 1 (Final) on FAA ADAP Project
No. 6-12-004.4-03-81, Marathon Airport, to General Asphalt
Co., Inc. Contract with an increase in the amount of
$50,866.90 to construct the new general aviation ramp and
exit taxiway.
Motion carried unanimously.
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LEGIAL DEPARTMENT
Motion was made by Commissioner Hernandez and
seconded by Commissioner Sorensen to adopt a resolution
approving the Garden Cove Development of Regional Impact
Application. During discussion it was noted that this was
scheduled to be heard at 5:00 P.M. The motion was then
withdrawn.
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 Agreement by and between the
City of Key West and Monroe County, Florida, concerning the
transfer of certain real property to the City for the pur-
pose of relocating Lift Station E of the Sanitary Sewer
System. Motion carried unanimously.
RESOLUTION NO.034-1984
See Res. Book No. 36 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 to execute a Risk Management Consulting
Agreement by and between the Board of County Commissioners
of Monroe County, Florida, and Risk Control Associates, Inc.
Motion carried unanimously.,
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RESOLUTION NO.035-1984
See Res. Book No. 36 whichis incorporated herein by
reference.
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Motion was made by Commissioner Hernandez and
seconded by Commissioner Sorensen to adopt the following
resolution regarding the petition of Federick A. Losley to
vacate and annul a portion of the Plat of Blue Waters
Subdivision per staff recommendation. Roll call vote was
taken and carried unanimously.
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RESOLUTION NO.036-1984
See Res. Book No. 36 which;is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Hernandez t,o adopt the following resolution
authorizing the calling of[a Referendum in Key West, Florida
to determine if Key West shl'ould become a part of the
Translator District created; by Ordinance No. 5-1982. During
discussion Commissioner Swi;,ft amended the motion to include
Key Colony Beach along with Key West and that they be
allowed to vote individually and separately as recommended
by the County Attorney. Th;,e amendment was accepted by,'
Commissioner Hernandez. Roll call vote was taken and
carried unanimously.
RESOLUTION NO.037-1984
See Res. Book No. 36 which is incorporated herein by
reference.
Motion was made bY: Commissioner Swift and seconded
by Commissioner Fahrer auth"orizing the County Attorneyl's
Office to publish the noticfe concerning the referendum elec-
tion regarding the Translator District to include the Cities
of Key West and Key Colony!,Beach. Motion carried unani-
mously.
Motion was made by Commissioner Swift and seconded
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by Commissioner Fahrer to adopt the following resolution
authorizing the calling of a referendum wherein all electors
of Monroe County, other than in the City of Key West, shall
vote on whether or not a tourist development tax shall be
imposed in Monroe County and whether the ordinance so
authorizing the same shall be passed to levy such tax.
During discussion the Board heard from George Butler repre-'
senting the Middle Keys Business Association, Marathon
Chamber of Commerce, Upper Keys Chamber of Commerce and,the
Lower Keys Chamber of Commerce and Mr. Nalepa. Motion was
then made by Commissioner Swift and seconded by Commissioner
Fahrer to amend the motion to provide for five (5) Districts
which would include the following:
(1) City of Key West
(2) Key West Commission District 3
(3) Key West Commission District 5
(4) Area between Spanish Harbor Bridge and Long
Key Bridge
(5) Area between Long Key Bridge and Snake Creek
Bridge
and also providing that committees be appointed by the
Chambers of Commerce in each of the areas to serve in an
advisory capacity to the Tourist Development Council.
Roll call vote was taken on the motion and carried unani-
mously. Roll call vote was taken on the motion as amended
and carried unanimously.
RESOLUTION NO.038-1984
See Res. Book No. 36 which is incorporated herein by
reference.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer authorizing the County
Attorney's Office to publish the notice concerning referen-
dum election regarding the Tourist Development Council to
include all of the remainder of the County. Motion carried
unanimously.
Motion was made by Commissioner Sorensen and
'seconded by Commissioner Fahrer instructing the County
Attorney to advertise and call for a public hearing on the
amendment to the Ordinance creating the Tax District.
During discussion motion was made by Commissioner Swift and
seconded by Chairman Harvey to include in the ordinance
under Section 1 that a duplicate copy of the State Tax Form
will be filed with the Tourist Development Council
for purposes of allocating TDC Funds. Motion carried unani-
mously.
A resolution on the agenda requesting the
Supervisor of Elections, Billy Freeman, to include on the
ballot for the March 14, 1984 Election, a question as to
whether or not the people of Monroe County, Florida, are for
or against the creation of more aquatic preserves in Monroe
County was withdrawn per Commissioner Swift's recommen-
dation.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to adopt the following reso-
lution concerning the application of Simon Klein to
construct a +164 foot long seawall along a residential
shoreline fronting Lower Sugarloaf Sound per staff recommen-
dation. Roll call vote was taken and carried unanimously.
RESOLUTION NO.039-1984
See Res. Book No. 36 which is incorporated herein by
reference.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Swift to deny adoption of resolu-
tion concerning the application of Iry Wilson regarding the
proposal to excavate a boat slip and access channel for pri-
vate residential usage. During discussion Commissioner
Swift moved to continue to next meeting. Motion was
seconded by Commissioner Sorensen and carried with Commissioner
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Motion was made by Chairman Harvey and seconded by
Commissioner Fahrer to adopt the following substitute
resolution requesting the Supervisor of Elections, Billy
Freeman, to include on the:Ballot for the March 13, 1984
Election a proposition wherein the citizens of Key West
shall vote by Referendum to determine whether or not they
become part of the Translator District. Motin carried
unanimously. 1,
RESOLUT!'ION NO.040-1984
See Res. Book No. 36 which'is incorporated herein by
reference.
Motion was made by Commissioner Sorensen and
seconded by Commissioner F,ahrer to authorize the County
Attorney to advertise and ;call for three (3) public hearings
on a proposed ordinance which would control the closing of
alcholic beverage dispensing business during certain hours.
Roll call vote was taken oin the motion with the following
results:
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Commissioner Fahr!er Yes
Commissioner Herni'andez No
Commissioner Sorensen Yes
Commissioner Swift Yes
Mayor Harvey No
Motion carried.
The meeting recessed for lunch.
Regular Meeting Re -convened
2:00 P.M.
The regular meeting re -convened with all
Commissioners present. Also present were Danny L. Kolhage,
Clerk; Lucien Proby, Countyy Attorney; Kermit Lewin, County
Administrator; members of the County's Consulting
Engineering Firm; members !of the Press and Radio; and
general public.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Mayor Mickey Feiner, Chairman of the Committee
established to study the question of whether the County
should establish the position of Fire Marshall, read a
report concerning the need and the funding of the position.
He also read a personal report into the records. Mr. Geoff
Pratt, Fire Chief of Key Largo Volunteer Fire Department,
also addressed the Board and submitted a job description.
Motion was made by Commissioner Swift and seconded by
Commissioner Hernandez to ;accept the report and authorize
the advertising of an ordinance creating the position of
Fire Marshall, two (2) Safety Inspectors and one
(1) Secretary; with the requirement that the Fire Marshall
have ten (10) years experience and the Fire Inspectors five
(5) years experience. Roll call vote was taken with the
following results:
Commissioner Fahrer No
Commissioner Hernandez Yes
Commissioner Sorensen No
Commissioner Swift Yes
Mayor Harvey No
Motion failed. Motion wasi 'then made by Commissioner Fahrer
and seconded by Commissioner Sorensen to accept the report
and authorize the advertising of an ordinance creating the
Fire Marshall Department with a total budget of $60,000.00
for the first year effective October 1, 1984 and that the
fire safety inspections be limited to commercial public
buildings and buildings over two (2) stories in height.
Roll call vote was taken and carried unanimously.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Motion was made by Commissioner Hernandez and
seconded by Commissioner Fahrer to approve a variance to the
Flood Hazard Ordinance for Village Marina per staff
recommendation. Roll call vote was taken and carried with
Commissioner Sorensen absent for roll call. Motion was made by
Swift and seconded by Commissioner Fahrer to reconsider. Motion carried
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve a variance to the Flood
Hazard Ordinance for Warren E. Nelson per staff recommen-
dations. Motion carried unanimously.
Motion was made by Commissioner Hernandez to
approve a variance to the Flood Hazard Ordinance for Raymond
Cassady. No second was received. Motion died.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Swift to approve a variance to the
Flood Hazard Ordinance for Betty L. Desbiens. Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Hernandez to approve a variance to the Flood
Hazard Ordinance for Norman Morehouse. Motion was
withdrawn. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer to deny the variance to the
Flood Hazard Ordinance for Norman Morehouse because the per-
mit is being issued on a non conforming use and to approve
the refund of the Building Permit fee. Roll call vote was
taken and carried with Commissioner Hernandez voting no.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Hernandez to approve two (2)
variances to the Flood Hazard Ordinance for Steve Daniels
per staff recommendation providing the buildings will be
flood proofed. Roll call vote was taken and carried unani-
mously.
Motion was made by Commissioner Swift and seconded
by Commissioner Hernandez approve two (2) variances to the
Flood Hazard Ordinance for ,Wade Daniels per staff recommen-
dation providing 'the buildings will be flood proofed.
Motion carried with Commissioner <Fafirer.,vating no.
Ms. Clara Mayette addressed the Board on behalf of
her husband Gerald Mayette's application for a Flood Hazard
Variance. She read and submitted a letter to the Board
from her Attorney Frank Greenman. Motion was made by
Commissioner Hernandez and seconded by Commissioner Sorensen
to approve a variance to the Flood Hazard Ordinance for
Gerald Mayette per staff recommendation providing the
buildings will be flood proofed. During discussion motion
was made by Commissioner Sorensen and seconded by
Commissioner Fahrer to postpone consideration of this item
and reschedule it to be heard on February 24, 1984 at 11:00
A.M. Roll call vote was taken and carried unanimously.
Motion was made by Commissioner Swift and seconded
by Chairman Harvey to approve a variance to the Flood Hazard
Ordinance for Old Tavernier Town per staff recommendation.
Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Fahrer to approve a variance to the
Flood Hazard Ordinance for Thomas Morejon per staff recom-
mendation. Mr. Richard Padron addressed the Board on behalf
of the contractor, Padron Construction. Roll call vote was
taken and carried unanimously..___..
REPORTS & R'EC�OMMENDATIONS OF BOARD MEMBERS
ssioner
mously.
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Mr. Jeff Fisher, Extension Director, made a report
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concerning old bridges.
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Commissioner Swift discussed the transfer of the
lease for the airport restaurant "Conch Flyer". Motion was
made by Commissioner Hernandez and seconded by Chairman
Harvey to authorize the transfer of the lease from Mr.�
Sellers to Mr. Nick Ryder of 801 Corp., providing that;all
legal conditions are met. IMotion carried unanimously.
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Mr. Herny Nauberit discussed a change in the
antenna at the Islamorada Site for the Translator System.
Motion was made by Commissioner Hernandez and seconded by
Commissioner Swift to a]loF' an application for the change in
the license to be sent to FCC. Motion carried unanimously.
LEGAL DEPARTMENT
Commissioner Swift discussed the abandonment of a
roadway on Sugarloaf Key. -Mr. Art Weiner addressed the
Board. Motion was made by:.Commissioner Hernandez and
seconded by Commissioner Fahrer to adopt the following reso-
lution supporting the petition for road abandonment sub-
mitted by Jerome V. Shipley, Esq., for Donald Kosin, Refuge
Manager, United States Fish and Wildlife Service, Big Pine
Key, Florida. Motion carriJed unanimously.
RESOLUTION NO.041-1984
See Res. Book No. 36 which' is incorporated herein by
reference.
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Board of Appeals Hearings
4:00 P.M.
The Board of County Commissioners sat as the Board
of Appeals to hear two appeals. Present were all the
Commissioners along with Mr. Kolhage, Clerk; Mr. Proby,
County Attorney; Mr. Lewin, County Administrator; Dr. Doyle,
Planning Director; members of the Press, Radio, and
interested citizens. Proof of publication was entered into
the records.
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The first appeal heard was that of Lloyd A. Good,
Jr., who requested that the Board of County Commissioners
reverse the decision of the Board of Adjustment in their
action on November 2, 1983;, in denying an administrative
appeal, pursuant to a decision rendered by Dr. Jeffrey M.
Doyle, Monroe County Zoning' Official, declaring Section C
Extension of Sugarloaf Shores Subdivision, as located in
Section 2, Township 67 South, Range 27 East on Sugarloaf
Key, Monroe County, Florida, to be deemed as a Major
Development, pursuant to Chapter 6-222(7)(b) of the Monroe
County Code. Mr. Lloyd A.; Good, Jr., the appellant,
discussed the appeal. Motjion was made by Commissioner
Hernandez and seconded by Commissioner Sorensen to adopt the
following resolution reversing the decision of the Board of
Adjustment of Monroe County, Florida, without prejudice and
approving the Administrati;Ve Appeal of Lloyd A. Good, Jr.,
to reverse the decision ofl.the Board of Adjustment of Monroe
County, Florida, declaring!;the property be deemed a Major
Development, pursuant to Chapter 6-222(7)(b) of the Monroe
County Code. Roll call vote was taken with the following
results:
Commissioner Fahreer Yes
Commissioner Hernandez Yes
Commissioner Sorensen Yes
Commissioner Swift Yes
Mayor Harvey No
Motion carried.
See Res. Book No.
reference.
RESOLUTION
36 whichi is
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NO.042-1984
incorporated herein by
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The next appeal heard was that of Mr. Ed Bonkowski,
Senior Vice President, Can Am Investment, Inc.., who
requested that the Board of County Commissioners reverse the
decision rendered on November 18, 1983, by the Monroe County
Zoning Board in denying a request for a change of zoning
from RU-1 to RU-3 on a part of Lot 3 of a map or plat 'of
subdivision of Government Lot 1, all of Government Lots 2
and 3, Section 32, Township 64 South, Range 37 East, made by
George L. McDonald, Civil Engineer, which said map or plat
of said subdivision is duly recorded in Plat Book 1, page 41
of Monroe County, Florida, records and excepting: herefrom
all that part of the above described premises which lies
northerly of U.S. Highway 1, and two parcels of submerged
land in Section 32, Township 63 South, Range 37 East, Upper
Matecumbe Key (RU-1 single family residence) (RU-3 Multiple
Family). The Monroe County Zoning Board declared this par-
cel to be a Major Development pursuant to Section
6-222(7)(c) of the Monroe County Code. Mr. Louis St.
Laurent representing Can Am Investment, Inc., the appellent,
addressed the Board. Mr. Ron Saunders, Assistant County
Attorney for the County, addressed the Board. Motion was
made by Commissioner Hernandez and seconded by Commissioner
Swift to adopt the following resolution reversing the deci-
sion of the Zoning Board of Monroe County, Florida, without
prejudice and approvingthe request of Mr. Ed Bonkowski,
Senior Vice President, Can Am Investment, Inc., to reverse
the decision of the Zoning Board of Monroe County, Florida,
declaring this parcel to be a Major Development, pursuant to
Section 6-222(7)(c) of the Monroe County Code. Roll call
vote was taken with the following results:
Commissioner
Fahrer
No
Commissioner
Hernandez
Yes
Commissioner
Sorensen
Yes
Commissioner
Swift
Yes
Mayor Harvey
Yes
Motion carried.
RESOLUTION NO.043-1984
See Res. Book No. 36 which is incorporated herein by
reference.
There being no further business before the Board of
Appeals Meeting it was adjourned.
Next the Board held a public hearing on a proposed
ordinance amending Monroe County Code Section 19-106.1(d),
to restrict sales of goods at flea markets to used articles,
second-hand articles, self-made arts and crafts, and home
grown plants; providing for severability; providing that all
ordinances in conflict with this ordinance are hereby
repealed; providing for inclusion in the code; and providing
for an effective date. Proof of publication was entered
into the records. Motion was made by Commissioner Swif-t and
seconded by Commissioner Hernandez to read the proposed
ordinance by title only. Motion carried unanimously. The
following individuals spoke in opposition of the proposed
ordinance: David Horan, Attorney representing the Apostolic
Pentecostal Church; S. L. Saudiment; Marie Collins; Dorinca
Mann; Charles Perin representing the Key West Jaycees; June
Frederick; Harriett Vaughn; Gladys Richman; John Collins;
Rachel Conception; Maurice Smith; Guy Dewey; Jean Bauer;
Donna Coffin; Bruce Williams; Edna Wright; Bill Becker,
President of Lower Keys Chamber of Commerce; and David
Horan, Attorney. Motion was made by Commissioner Hernandez
and seconded by Commissioner Sorensen to continue the public
hearing to February 24, 1984. Motion carried unanimously.
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REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Commissioner Hernandez was scheduled to discuss
roads in Conch Key. This item was continued to the Marathon
meeting.
LEGAL
DEPARTMENT
A public hearing was held on a proposed resolution
approving the Garden Cove Development of Regional Impact
Application. Proof of publication was entered into the
records. Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to adopt the proposed reso-
lution. During discussion'the motion was withdrawn. Mr.
Alan Gold, Attorney for the applicant discussed proposed
changes. Motion was made by Commissioner Sorensen and
seconded by Commissioner Hernandez to adopt the proposed
resolution incorporating the additional changes and the.
Chairman was authorized to,execute. Roll call vote was
taken and carried unanimously.
RESOLUTION NO.044-1984
See Res. Book No. 36 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Sorensen to authorize the County Attorney's
Office to advertise an amendment to the Animals and Fowl
Ordinance. Motion carried unanimously with Commissioner
Hernandez absent for roll call.
Motion was made by Commissioner Swift and seconded
by Chairman Harvey to authorize the County Attorney's Office
to advertise a proposed ordinance assessing County prisoners
$40.00 per day for room and board if found guilty. Roll
call vote was taken and carried with Commissioner Hernandez
and Commissioner Sorensen absent for roll call.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
The County Administrator advised the Board of the
resignation of Mr. Charles Doads and recommended Mearl
Bozett as his replacement as Manager of the Card Sound Road
and Bridge Authority. Motion was made by Commissioner Swift
and seconded by Commissioner Fahrer to accept the recommen-
dation of the County Administrator and accept the resigna-
tion of Mr. Doads and the appointment of Mr. Bozett
effective February 1, 1984. Motion carried -with Commissioner
Hernandez absent.
The County Administrator advised the Board that he
was in receipt of two (2) proposals for 1500 square feet of
drain field and lift station with electrical hookup at the
Key West International Airport. Pinewood Enterprises -
$6,500.00; Frank Keevan & Son - $6,350.00. Motion was made
by Commissioner Swift and seconded by Chairman Harvey to
accept the proposal of Frank Keevan & Son, in the amount of
$6, 350.00. Motion carried with Commissioner Hernandez absent.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to approve a Certificate of
Convenience and Necessity for Fighermens Hospital. Motion
carried with Commissioner Hernandez absent.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Dr. Doyle discussed and made recommendation con-
cerning selection of Planning Consultant to assist in the
preparation of a Land Use Map and Growth Management Plan for
Monroe County. After review of the four (4) groups out of
original eighteen (18) which submitted applications, staff
recommended the firm of Lane Kendig, Inc., with Siemon,
Larsen and Purdy. Motion was made by Commissioner Fahrer
"-�8 Z
and seconded by Commissioner Swift to accept the recommen-
dation of staff and authorize staff to negotiate a contract
with the firm of Lane Kendig, Inc., with Siemon, Larsen and
Purdy. Roll call vote was taken and carried with
Commissioner Hernandez absent for roll call.
Motion was made by Commissioner Fahrer to authorize
the Stand Up America Parade Committee to use the helipad at
the Marathon Airport for a reviewing stand and any enter-
tainment on February 11, 1984 and authorized the execution
of an agreement which would provide for insurance. Motion
carried unanimously, with Commissioner Hernandez absent.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve installation of four (4)
speed bumps in Marathon at 3rd Avenue. During discussion a
motion was made by Commissioner Fahrer and seconded by
Commissioner Swift to postpone this matter. Roll call vote
was taken and carried with Commissioner Sorensen and Commissione
Hernaneez -absent for roll call.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to approve the following expenses
concerning the "Swindler Case":
Fla. Keys
Color Lab
48.00
Beacon
Hill
Detective Agency
220.00
Joseph
S.
Schwartz & Assoc.
19.50
Richard
E.
Tollison
283.50
Powers
& Garrison
442.86
Barbara
J.
Walker
572.00
Stuart
S.
Huseby
112.25
$1,698.11
Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Chairman Harvey to approve Application for Payment No. 3,
to Charley Toppino & Son, on Jr. College Road Project, in
the amount of $22,742.00. Motion carried unanimously -with
Commissioner Hernandez absent.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to postpone item concerning waiver of
building permit fee for factory built homes. Motion carried
unanimous l y _with Commissioner Hernandez absent.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Commissioner Sorensen was scheduled to discuss
Taxpayers League on Flood Insurance. This item was
postponed.
Commissioner Swift gave an update on the
Legislative Land Planning Meeting with planners and
Representative Allen and Planning Grant. No action was
taken.
Motion was made by Chairman Harvey and seconded by
Commissioner Fahrer to appoint Michael Whalton to the
Tourist Development Council to replace deg M-G� � for a
four (4) year term effective immediat�el� Motion carried
unanimous l y :.with Commissioner Hernandez a se t.
There being no further business the meeting was
adjourned.
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