03/18/1983 RegularY Vf
1
1
Regular Meeting
Board of County Commissioners
Friday, March 18, 1983
10:00 A.M., Marathon, Florida
A regular meeting of the Board of County
Commissioners convened on the above date. Present and
answering to roll call were Commissioner Alison Fahrer,
Commissioner Wilhelmina Harvey, Commissioner Ken Sorensen,
Commissioner Ed Swift and Chairman Jerry Hernandez, Jr:�
Also present were Danny L. Kolhage, Deputy Clerk; Lucien
Proby, County Attorney; Kermit Lewin, County Administrator;
members of the County's Engineering Firm; members of the
Press and Radio; and interested citizens.
All stood and recited the Lord's Prayer and the
Pledge of Allegiance to the Flag.
PUBLIC HEARINGS
The first item held was a public hearing on an
ordinance providing that the Code of Ordinances be amended
by amending Section 19-61 of Article VI and Section 19-80
of Article V of Chapter 19; providing for the recon-
sideration of the grant of a special use by the ZoningiBoard
or the Board of County Commissioners, or the grant of a
Zoning District Map amendment or dimensional variance by the
Zoning Board, the Board of Adjustment, or the Board of
County Commissioners. This was the second scheduled public
hearing. Proof of publication was previously entered into
the records. Motion was made by Commissioner Fahrer and
seconded by Commissioner Sorensen to read the proposed;ordi-
nance by title only. Motion carried unanimously with
Commissioner Swift absent for roll call. There was no,
public participation. Motion was made by Commissioner;
Sorensen and seconded by Commissioner Harvey to adopt said
ordinance. During discussion the motion was withdrawn.
Motion was then made by Commissioner Sorensen and seconded
by Commissioner Harvey to continue the public hearing for
two (2) weeks. Roll call vote was taken and carried unani-
mously with Commissioner Swift absent.
Next item was a public hearing on an ordinance pro-
viding that the Code of Ordinances be amended by revising
Section 19-77 (c) of said Code; providing time limit for
filing appeal from rendition of the notice to appeal; pro-
viding for all proceedings before any appointed Board
relating to Zoning or this chapter of the Code be reported
by an Official Court Reporter and the recording of said pro-
ceedings by an electronic device; providing that the cost of
the appeal and furnishing 'of the record and appropriate
exhibits to the Zoning Director shall be borne by the
appellant. This was the second scheduled public hearing.
Proof of publication was previously entered into the
records. There was no public participation. Motion was
made by Gommissioner Sorensen and seconded by Commissioner
Fahrer to adopt said ordinance. Roll call vote was taken
and carried with Commissioner Harvey voting no.
ORDINANCE NO. 006-1983
See Ord. Book No. 5 which is incorporated herein by
reference.
Next item was a public hearing on a proposed ordi-
nance creating a special road and bridge district for'Cross
Key Waterways. This was the second scheduled public
hearing. Proof of publication was previously entered into
the records. There was no public participation. Motion was
made by Commissioner Sorensen and seconded by Commissioner
84
127
84
127
13
130
8'4
172 Y
99
15
123
77
14
99
54
114
-99
54
114
Harvey to adopt said ordinance. Motion carried unanimously.
ORDINANCE NO. 005-1983
See Ord. Book No. 5 which is incorporated herein by
reference.
LEGAL DEPARTMENT
Motion was made by Commissioner Sorensen and
seconded by Commissioner Harvey to adopt the following reso-
lution approving the appointment of William R. Hough and
Co., as investment bankers for Monroe County for the purpose
of arranging refunding of both the Monroe County Municipal
Service District Bond Issue, Series 1980, and the Monroe
County Improvement Revenue Bonds (County Library - Marathon
Branch), Series 1981. Motion carried unanimously.
RESOLUTION NO. 068-1983
See Res. Book No. 32 which is incorporated herein by
reference.
The Board made the following appointments to the
Code Enforcement Board:
Commissioner Harvey - Mr. Herchel Major,
Businessman; Commissioner Swift - Mr. Pat Caliguire, Retired
Person; Commissioner Fahrer - Mr. Bill Mills, Retired
Engineer; Commissioner Sorensen - Ms. Betty Bullock,
Realtor and Mr. Dale Baldwin, Environmental Landscape
Architect; Mayor Hernandez - Mr. Gene Harris, General
Contractor; and Mr. Phil Greene, Architect.
Commissioner Swift discussed a proposed change to the ordi-
nance which would make the Code Enforcement Board the final
authority on all decisions and levying of fines. He
requested that the County Attorney seek an opinion from the
Attorney General concerning same. Motion was made by
Commissioner Fahrer and seconded by Commissioner Sorensen to
confirm the aforementioned nominations. Motion carried
unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to approve the request of
Mr. Robert T. Feldman, P.A., requesting that the necessary
resolutions be passed by the Commission authorizing and
directing the Monroe County Tax Collector to disburse the
Municipal Service Taxing or Benefit District No. 1-D and 4-A
and 4-B tax revenues for 1982-83 to the respective Municipal
Service Taxing or Benefit District and Boulevard Bank.
Motion carried unanimously. Motion was made by Commissioner
Harvey and seconded by Commissioner Fahrer to adopt the
following resolutions:
Board adopted the following resolution authirizing and
directing the Monroe County Tax Collector to disburse the
Municipal Service Taxing or Benefit District No. D-1 tax
revenues for 1982-1983 to the Municipal Service Taxing or
Benefit District No. D-1 and Boulevard Bank.
RESOLUTION NO. 069-1983
See Res. Book No. 32 which is incorporated herein by
reference.
Board adopted the following resolution authorizing and
directing the Monroe County Tax Collector to disburse the
Municipal Service Taxing or Benefit District 4-A and 4-B tax
revenues for 1982-1983 to the Municipal Service Taxing or
Benefit District No. 4-A and 4-B and Boulevard Bank.
1
1
1
Y 173
1
1
1
RESOLUTION NO. 069A-1983
See Res. Book No. 32 which is incorporated herein by
reference.
Motion carried unanimously.
At this point Commissioner Sorensen left the
meeting.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to authorize the County Attorney to
prepare a sign lease with Amy's at the Key West
International Airport. Motion carried unanimously.
Commissioner Fahrer and seconded
dopt the following resolution
the Board of County
sign lease by and between the
Florida, and Casa Marina
t the Key West Internationa!1
animously.
i
Motion was made b
by Commissioner Harvey to
authorizing the Chairman o
Commissioners to execute a
County of Monroe, State of
Developers for sign space
Airport. Motion carried u
RESOLUTJION NO. 070-1983
See Res. Book No. 32 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Harvey 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 Captex, Inc. Motion
carried unanimously.
RESOLUTjION NO. 071-1983
See Res. Book No. 32 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to adopt the following resolution
authorizing the Chairman of the Board of County
Commissioners to execute an Agreement by and between the
Board of County Commissioners and BR & R Associates,
Inc./Post, Buckley, Schuh and Jernigan, Inc., - a Joint
Venture, regarding A.I.P. Project No. 3-12-0037-01 at the
Key West International Airport. Motion carried unanimously.
RESOLUTION NO. 072-1983
See Res. Book No. 32 which is incorporated herein by
reference
Motion was made by Commissioner Swift and seconded
by Commissioner Harvey to adopt the following resolution
authorizing the Chairman of the Board of County
Commissioners to execute an Agreement by and between the
Board of County Commissioners and BR & R Associates, Inc.,
regarding A.I.P. Project No. 3-12-0044-01 at the Marathon
Airport. Motion carried unanimously.
RESOLUTjION NO. 073-1983
See Res. Book No. 32 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to adopt the following resolution
authorizing issuance of T x Anticipation Warrant for
Municipal Service Taxing district No. 1-C. Motion carried
unanimously.
RESOLUTjION NO. 074-1983
See Res. Book No. 32 which is incorporated herein by
reference.
75
5
99
75
5
5
75
99
33
99
34
5
33
99
34
5
123
99
114
99
17
99
17
99
17
99
17
127
31
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to adopt the following resolution con-
cerning receipt of unanticipated funds received from dona-
tions. Motion carried unanimously.
RESOLUTION NO. 075-1983
See Res. Book No. 32 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Harvey to adopt the following resolution
concerning receipt of unanticipated funds received from
other governmental agencies. Motion carried unanimously.
RESOLUTION NO. 076-1983
See Res. Book No. 32 which is incorporated herein by
reference.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to adopt the following resolution con-
cerning receipt of unanticipated funds from investment
income. Motion carried unanimously.
RESOLUTION NO. 077-1983
See Res. Book No. 32 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer to adopt the following resolution
transferring funds. Motion carried unanimously.
RESOLUTION NO. 078-1983
See Res. Book No. 32 which is incorporated herein by
reference.
Commissioner Sorensen returned to the meeting at this point.
Motion was made by Commissioner Harvey and seconded
by Commissioner Swift to adopt the following resolution
incorporating a biological assessment into the records con-
cerning the application of Richard Perez to complete various
construction projects with the condition that the fill pad
be removed. During discussion of this motion Commissioner
Swift discussed and read into the record a letter from Mr.
Peter Bacle, an adjacent property owner. Motion was made by
Commissioner Swift to amend the resolution requiring the
posting of bond for the removal of the pad. During
discussion the item was withdrawn. Motion was made by
Commissioner Fahrer and seconded by Commissioner Harvey to
postpone this item for two (2) weeks. Motion carried
unanimously.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to postpone consideration of
an item concerning Minutes for the month of February, 1983
for two weeks. Motion carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer to appprove the following
items:
W A R R A N T S
17
General Revenue Fund Florida National Bank
(Clearing Account), #64489-64508, in the amount of
$19019,598.29.
General Revenue Fund, Boulevard Bank, #5621-6164,
in the amount of $1,131,536.91.
1
1
1
Y 175
1
1
1
General Revenue Fond, Marathon Bank, #28, in the
amount of038,097.55.
General Revenue Fund, First American Bank, #28, in
the amount of 38,097.55.
General Revenue Find, FRS, #104, in the amount of
$22,574.48.
Fine & Forfeiture Fund, #226-228, in the amount of
$568,038.18.
Road & Bridge Fund, #191-194, in the amount of
$256,235.70.
Airport Operation & Maintenance Fund, 3134-13,7, in
the amount of 11,953.36.
Law Library Fund,'#81, in the amount of $50.00.
Card Sound Bridge Revenue Fund, #131-132, in the
amount of 33,716.03.
MSD Tax District, #442-456, in the amount of
$22,449.98.
Workmens Compensaltion, #442-456, in the amount of
$22,449.98.
Tourist Development Trust Fund, #14, in the amount
of $42,286.94. 1
Capitol Project Fund, #32-34, in the amount of
$133,870.50. 1 .I
MSD Tax DistrictI100-B, #129, in the amount of
$3,870.02.
MSD Tax District #72, #129, in the amount of
$11,814.04.
MSD Tax District #73, #129, in the amount of
$4,340.00.
MSD Tax District #74, #129, in the amount of-!
$3,067.32.
MSD Tax District #75, #126,129, in the amount of
$13,075.87.
MSD Tax District #100-A, #129, in the amount of
$5,723.93.
MSD Tax District #100-C, #129, in the amount ;of
$8,406.05.
MSD Tax District #100-H, #129, in the amount of
$2,123.14. 1
MSD Tax Districtl#100-A, #129, in the amount of
$2,994.45. 1
Advertising Billsl - Stuart Newman Associates -
February Billing - $8,596.05.
Board approved payment of invoice to Post, Buckley,
Schuh and Jernigan, Inc., in the amount of $33,113.21 for
the month ending January 3j, 1983.
Motion carried unanimouslV.
4
17
33
17G' Y
12
17
95
12
77
70
114
83
12
12
106
34
17
122
REPORTS & RECOMMENDATIONS FROM COUNTY ADMINISTRATOR
The County Administrator discussed proposals
received on February 18, 1983 for three (3) new pick-up
trucks for the Public Works Department. He advised the
Board that the low bid was received from Duncan Chrysler
Plymouth Dodge in the amount of $23,574.30. Motion was made
by Commissioner Fahrer and seconded by Commissioner Swift to
award the bid to Duncan Chrysler Plymouth Dodge for the
purchase of three (3) new pick-up trucks for the Public
Works Department in the amount of $23,574.30. Motion
carried unanimously.
The County Administrator discussed the bid received
from the Broward County Library System for the scholar's
personal library of 800-900 books. Motion was made by
Commissioner Harvey and seconded by Commissioner Sorensen to
award the bid to the Broward County Library System in the
amount of $1100.50 for said books less the cost of shipping
in accordance with the recommendation of the County
Administrator. Motion carried unanimously.
Mr. Lewin then presented proposals received for the
publication of Delinquent Tax List. He advised the Board
that the Key West Citizen had submitted a bid of $.67 per
line and The Keynoter had submitted a bid of $.90 per line.
After discussion a motion was made by Commissioner Sorensen
and seconded by Commissioner Swift to award the bid to The
Keynoter for the publication of the Delinquent Real Property
Tax List in accordance with their proposal. Roll call vote
was taken and carried with Commissioner Harvey and
Commissioner Swift voting no. Motion was made by
Commissioner Sorensen and seconded by Commissioner Fahrer to
award the publication of the Delinquent Personal Property
Tax List to The Key West Citizen in accordance with their
proposal. Roll call vote was taken and carried with
Commissioner Swift voting no.
Mr. Lewin then advised the Board that he had
recently received amended proposals for. the construction of
the Sr. Citizens Center building in Marathon. Proposals are
as follows:
Pinewood Enterprises
P. 0. Box 141
Big Pine Key, Fla. 33043 $83,200.00
Coral Construction Co.
Marathon, Florida 33050 $79,096.50
t
Motion was made by Commissioner Fahrer and seconded by
Commissioner Harvey to award the bid for the construction of
the Sr. Citizens Center in Marathon to Coral Construction
Co., in the amount of $79,096.50. Motion carried
unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissiner Fahrer to approve the purchase of
fill, paving rock and oil for the Marathon DAV parking lot
in the amount of $3,000.00 with the acceptance of a donation
in the amount of $1,250.00 in accordance with the letter
from the DAV. During discussion a motion was made by
Commissioner Swift to amend the motion to require that the
DAV work with MORE on the landscaping and beautification of
the area. The amendment was accepted by the makers of the
motion and therefore became part of the motion. During
discussion a motion was made by Commissioner Harvey and
seconded by Commissioner Swift to postpone this item.
During discussion the motion to postpone was withdrawn.
Roll call vote was taken on the original motion and carried
unanimously.
I�I
L17
Y177
1
1
1
Motion was made b
by Commissioner Swift to a
Sands of the Keys, Inc. , . f
755 for the District 4 Com
the rate of $75.00 per mon
additional copies at .012
1983 through February 1, 1
carried with Commissioner
Motion was made b
by Commissioner Harvey to
member Joann Frye, member
Chris Langr with Kathy Wol
Highway Beautification Com
Roll call vote was taken a
Sorensen voting no.
Motion was made b
seconded by Commissioner S
Upper Keys Marine Construc
Key Colony Beach and Coco
tingent upon. receipt of th
Natural Resources, Boating
amounts per staff recommen
Commissioner Fahrer and seconded
prove a 2-year Lease with Savin
r a Savin Office Copier, Model
ission Office in Islamorada at
h for 2,000 copies per month with
ach for period of February 1,
85. Roll call vote was taken and
orensen voting no.
Commissioner Fahrer and seconded
pprove the appointment of new
f MORE, Marathon and replace
Key West Garden Club to the
ittee as recommended by staff.
d carried with Commissioner!
Commissioner Sorensen and
ift to approve partial payment to
ion Co., for completion of the
lum Channel Marking Projects con -
monies from the Department of
Improvement Fund in the following
a t i o n :
Key Colony Beach Project - $4,801.78
Coco Plum Project - $2,479.99
Motion carried unanimouslyl'.
Motion was made bCommissioner Harvey and seconded
by Commissioner Swift to approve payment of Statement of
Services in the amount of $2,400.00 for grants research and
acquisition services to Group Seven Management Consultants
for months of November and December 1982 and January and
February 1983. Motion carried unanimously.
Motion was made bey Commissioner Sorensen and
seconded by Commissioner Fahrer to approve a permit toi
enlarge boat basin in Key Largo for Mr. Leon Salb per staff
recommendation. Motion carried unanimously.
Next the Board discussed a request from Edward and
Etta Baldwin for a variance to the Lobster Trap Ordinance on
Lots 20, 26 and 28 Whispering Pines No. 4 (Zone - RU-1).
Mr. Baldwin addressed the Board. Dr. Marie Landry, resident
of the area, addressed the Board and opposed the issuance of
the permits. Motion was made by Commissioner Sorensen and
seconded by Commissioner Swift to authorize the issuance of
the permit on the property owned by Mr. Baldwin only.
During discussion a motion was made by Commissioner Sorensen
and seconded by Commissioner Fahrer to amend to read the
single lot on which Mr. Baldwin has his home (Lot 28).
During discussion a motion was made by Commissioner
Hernandez to amend the motion to allow Mr. Baldwin the per-
mits on the other, lots on the application. Motion died for
lack of a second. Roll caill vote was taken on the original
motion as amended and carr lied unanimously. Motion was made
by Chairman Hernandez and `seconded by Commissioner Swift to
approve the permits on Lots 20 and 26 of Mr. Baldwin. Roll
call vote was taken and failed with Commissioners Fahrer,
Harvey, Sorensen and Swift voting no. Motion was made by
Commissioner Swift and seconded by Chairman Hernandez to
approve the permit for the vacant lot in the application
owned by Mr. Baldwin. Roll call vote was taken and carried
unanimously. Motion was made by Commissioner Swift and
seconded by Chairman Hernandez to approve the permit on the
lot in the application that Mr. Baldwin does not own.
During discussion the motion was withdrawn.
75
70
31
14
66
17
33
17
63
86
127
127
86
1,'78 Y
13
127
127
2
72
127
55
BOARD OF APPEALS
The Board now discussed the public hearings sche-
duled for 4:00 P.M. on the appeals of Jack R. Dykstra and
Jack R. Dykktra II, Don Peterson and Howard Hammond. Mayor
Hernandez advised the Board that both Attorneys involved in
the appeal has requested a continuation. Motion was made by
Chairman Hernandez and seconded by Commissioner Fahrer to
continue the appeal of Mr. and Mrs. Dykstra, Mr. Peterson
and Mr. Hammond for two (2) weeks. Motion carried unani-
mously.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
The Board discussed the position of Direct of
Building/Planning/Zoning. Motion was made by Commissioner
Harvey and seconded by Commissioner Swift to appoint Mr.
Vernon Page as Director of Building/Planning/Zoning at a
salary to be negotiated effective as soon as possible.
During discussion Commissioner Swift withdrew his second and
whereupon Mayor Hernandez seconded the motion. Roll call
vote was taken on the motion and failed with Commissioner
Fahrer, Commissioner Sorensen, Commissioner Swift and
Chairman Hernandez voting no. Motion was then made by
Commissioner Harvey and seconded by Commissioner Swift to
appoint Mr. William Russell as Director of
Building/PlanningZoning at a salary to be negotiated effec-
tive as soon as possible. During discussion Commissioner
Swift withdrew his second. The Chairman called for a second
to the motion. There being no second the motion died for
lack of a second. Motion was made by Commissioner Harvey to
appoint Mr. Michael Cates as Director of
Building/Planning/Zoning at a salary to be negotiated effec-
tive as quickly as possible. During discussion Commissioner
Harvey withdrew the motion.
UNFINISHED BUSINESS
Commissioner Sorensen discussed a meeting of March
182 1983 of the Building/Planning/Zoning Committee and made
a report. He indicated that progress was being made with
the staff of the Department of Community Affairs to proceed
with the implementation of Land Use Map and that material
had been received from the State of Florida by County staff
to proceed. Motion was made by Commissioner Sorensen and
seconded by Commissioner Fahrer directing Mr. William
Russell, Acting Director of the Building/Planning/Zoning
Department to place as the number one priority, development
of the Land Use Map. Roll call vote was taken and carried
unanimously.
The Board recessed for lunch at this time.
Board re -convened 2:00 P.M.
The meeting re -convened at 2:00 P.M. Present were
Commissioners Fahrer, Havey, Swift and Chairman pro tem
Sorensen. Chairman Hernandez was not present. Also present
were Danny L. Kolhage, Deputy Clerk; Lucien Proby, County
Attorney; Kermit Lewin, County Administrator; members of the
County's Engineering Firm; members of the Press and Radio;
and interested citizens.
REPORTS & RECOMMENDATIONS FROM COUNTY ADMINISTRATOR
Motion was made by Commissioner Fahrer and seconded
17 by Commissioner Swift to approve payment of Invoice No. 11
33 in the amount of $5,151.00 to Post, Buckley, Schuh and
Jernigan, Inc., for the month ending January 31, 1983.
Motion carried unanimously.
II
1
Y 175
1
1
1
Motion was made by'; Commissioner Swift and seconded
by Commissioner Fahrer to approve the recommendation of the
Manager of the Municipal Service District to accept the pro-
posal from R. W. Taylor fol the modification of the inci-
nerators to undergrate conveyor and guillotine door at an
estimated cost of $330,000,00 with the posting of the
necessary performance bonds. Roll call vote was taken and
carried with Commissioner Harvey voting no.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Harvey to authorize the Attorney to prepare
and advertise proposed amendment to the ordinance amending
Chapter 8 Section 8-20 to provide for interest at the rate
of 12% per annum and $15.00 for abstracting and recording
cost. Motion carried unanimously.
I '
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
_ i
Commissioner Swift discussed and presented a pro-
posed lease document for the Airport Lounge. Motion was
made by Commissioner Swift and seconded by Commissioner
Fahrer to approve the basic lease document with the Airport
Lounge. Motion carried unanimously. Commissioner Swift
briefly discussed the process of selecting the tenants for
the Airport Lounge. No action was taken.
The Commission discussed the Port Largo Airport.
Motion was made by Commissioner Fahrer and seconded by
Commissinoer Swift to approve a lease with Gary Lalonde as a
Fixed Base Operator at the Port Largo Airport contingent
upon receipt of a written order from the Federal Court in
the matter of the evictionlof the present occupant. Roll
call vote was taken and carried unanimously.
Motion was made b, Commissioner Fahrer and seconded
by Commissioner Swift to approve the Invoice of Upper Keye
Marine Construction for Duck Key Bridge No. 4 in the amount
of $40,806.44 and also The Doebler Company for Duck Key
Bridge No. 3 in the amount of $31,134.60 per staff recommen-
dation. Motion carried unanimously.
Commissioner Fahrer discussed a budget meeting with
Department Heads. Mr. Lewin also discussed this matter.
Motion was made by Commissioner Sorensen and seconded by
Commissioner Fahrer to set a meeting for Department Heads to
discuss budget requests for April 27, 1983. Roll call vote
was taken and carried unanimously.
Commissioner Fahr
to Aero Products for 1983
Sugarloaf Volunteer Fire D
Motion was made by Commiss
Commissioner Swift to re-c
cerning the award of the b
lance for Sugarloaf Volunt
vote was taken and carried
voting no. Motion was mad,
seconded by Commissioner S
to readvertise with revises
E-350 Type III Ambulance fi
Department Municipal Servii
unanimously.
!r discussed the award of the bid
ord E-350 Type III Aambulance for
!partment on March 4, 1983.
oner Fahrer and seconded by
insider the previous motion con-
d to Aero Products for an ambu-
!er Fire Department. Roll call
with Chairman pro tem Sorensen
by Commissioner Fahrer and
lift to reject all of the bids and
specifications for a 1983 Ford
r the Sugarloaf Volunteer Fire
e District 1-C. Motion carried
Mr. Bob Harris of Post, Buckley, Schuh and
Jernigan, Inc., addressed the Board and made a report con-
cerning the recent Gas Tax Legislation. Motion was made
Commissioner Harvey and seconded by Commissioner Swift
authorizing the County Attorney to draft a proposed ordi-
nance and proposed inter -local agreement.between Monroe
by
15
12
17
123
114
123
84
17
5
75
5
75
17
16
17
31
2
12
54
114
76
14
30
99
34
105
76
107
-14
106
93
83
127
84
31
107
109
67
'County and the cities and to begin negotiations with the
cities for a distribution formula and also appointing a com-
mittee consisting of Commissioner Swift as Chairman,
Commissioner Harvey, and Commissioner Fahrer to review the
matter. Roll call vote was taken and carried unanimously.
UNFINISHED BUSINESS
Motion was made by Commissioner Swift.and seconded
by Commissioner Fahrer to adopt the following resolution
authorizing the Chairman of the Board of County
Commissioners to execute an Agreement by and between the
School Board of Monroe County and the Monroe County Board of
County Commissioners for the purpose of erecting radio
antenna on each school site in the event of hurricanes.
Motion carried unanimously.
RESOLUTION NO. 079-1983
See Res. Book No. 32 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to withdraw from agenda a resolution
requesting the Monroe County Legislative Delegation to amend
Special Act 61-2503. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Chairman ro tem Sorensen to acknowledge receipt of the
report of forfeited vehicles from the Sheriff. Motion
carried unanimously.
Motion was made by Chairman pro tem Sorensen and
seconded by Commissioner Swift to po.stone an item concerning
appointments to the Area Agency,on Aging for two (2) weeks.
Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded
by Commissioner Fahrer authorizing the additional adver-
tising of public hearings in newspapers in the area that is
affected. During discussion this motion was withdrawn. The
item was postponed for two (2) weeks and it was referred to
the County Administrator to provide cost estimates.
Commissioner Swift was scheduled to discuss an
ordinance to establish the County Commission as final
authority on all zoning changes. This item was postponed
for two (2) weeks.
OFFICIAL CORRESPONDENCE
Motion was made by Chairman pro tem Sorensen and
seconded by Commissioner Fahrer to acknowledge letter from
the Sheriff advising the Board of the resignations of Harry
Sawyer, Jr., effective February 28, 1983 and Phillip R.
Bullington, effective February 16, 1983. Motion carried
unanimously.
LEGAL DEPARTMENT
Motion was made by Chairman pro tem Sorensen and
seconded by Commissioner Harvey to adopt a proclamation
declaring March 26, 1982 as Olympic Day in Big Pine Key.
Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to postpone for two (2) weeks con-
sideration of a resolution opposing the proposal -by the
Florida Department of Health and Rehabilitative Services to
close A. G. Holley State Hospital. Motion carried unani-
mously.
1
1
Y 181;
1
1
1
Motion was made by
by Commissioner Swift to ad
authorizing the Mayor and C
an Easement Agreement with
aerial easement over Dr. Sc
the building of the new Duc
the Mayor and Chairman of t
nification and hold harmles
harmless for any liability
execution of said easement.
Commissioner Fahrer and seconded
pt the following resolution
airman of the Board to execute
r. Diego Scambia concerning -an
mbia's property to facilitate
Key Bridge No. 4; authoriz;ing
e Board to enter into an indem-
agreement holding Dr. Scambia
ncurred in connection with ;the
Motion carried unanimously'.
RESOLUTION NO. 080-1983
See Res. Book No. 32 which lis incorporated herein by reference.
REPORTS & RECOMMEN
Commissioner Fahre
position of Director of Bui
was made by Commissioner Fa
Swift directing the County
fifty (50) applicants to se
the position. Motion carri
ATIONS OF BOARD MEMBERS
discussed applicants for the
ding/Planning/Zoning. Motion
rer and seconded by Commissioner
dministrator to contact the�top
if they are still interested in
d unanimously.
Commissioner Swift discussed the cut off for items
to placed on the agenda. No action was taken.
Commissioner Swift
Ordinance. Motion was made
seconded by Commissioner Fa
Attorney to prepare and adv
Code Enforcement Ordinance
Board an autonomous body.
carried unanimously.
discussed the Code Enforcement
by Commissioner Swift and
rer authorizing the County
rtise for an amendment to the
o make the Code Enforcement'
oll call vote was taken and
Commissioner Swift discussed check list on they
approval of plats. This item was referred to Mr. Lewin!
Board of Appeals
The Board of County Commissiners sat as the Board
of Appeals to hear three apbeals. All Commissioners were
present except Chairman Hernandez.
First appeal was t
R. Dykktra II, requesting t
Commissioners reverse the d
Board of Adjustment in the
Variance to the minimum lot
rezoning to RU-3, on a trac
Lot 1, together with a smal
Key, in the Bay of Florida
all being located in Sectio
East, Marathon, zoned RU-1.
entered into the record. M
anyone present for the purp
There were no members of th
Mayor pro tem Sorensen then
the Board to continue this
Next appeal was tha
of Venture Out at Cudjoe Cay
(Board of County Commissioner
Monroe County Board of Adjus
an administrative appeal on
19-217 (h) of the Monroe Cou
states that "no business sha
zoning district unless and/o
the property at least one hu
size with a building on the
at of Jack R. Dykstra and Jack
at the Board of County
cision of the Monroe County
onsideration of a Dimensional
area requirement for a proposed
of land in part of Government
island or key, known as Coral
ust north of Government Lot 1,
9, Township 66 South, Range 32
Proof of publication was i
yor pro tem asked if ther was
se of hearing this appeal.
public present to discuss.
referred to previous action of
ppeal for two (2) weeks.
t of Don Peterson, Park Manager
Inc., requesting that the
s reverse the decision of the
tment in their consideration of
the denied waiver of Section
my Code of Ordinances, which
11 be conducted in any BU-2
r until there is a building on
ndred fifty (150) square feet in
property at least one hundred
34
99
16
69
127
2
31
14
84
13
127
13
127
fifty (150) square feet in size with at least one (1) toilet
and one (1) lavatory connected to a sewage disposal system
approved by the County Health Department, or the Department
of Environmental Regulations, on property described as Lots
31, 32 and 33, Block 1, Cudjoe Ocean Shores Subdivision, as
recorded in Plat Book 5, page 107, and located in Section
28, Township 66 South, Range 28 East, Cudjoe Key, zoned
BU-2. The intended use of said property is for private boat
storage for the owners of Venture Out. Proof of publication
was entered into the records. Mr. Peterson addressed the
Board. Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to deny the appeal and uphold the
decision of the Board of Adjustment for reasons as stated at
the hearing before the Board of Adjustment. Roll call vote
was taken and carried unanimously.
The next appeal was that of M. Howard Hammond
requesting that the Board of County Commissioners reverse
13 the decision of the Monroe County Zoning Board in their
127 decision to deny the request for a change of zoning from GU
to BU-2T on Tract "A" of the unrecorded plat of Pine Key
Acres, as located in Section 26, Township 66 South, Range 29
East, Big Pine Key. Proof of publication was entered into
the records. No one was present to discuss the request of
Mr. Hammond. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer to deny the appeal and
uphold the decision of the Zoning Board for the reasons set -
forth by the Zoning Board concerning incompatible use. Roll
call vote was taken and carried unanimously.
Regular Meeting Re -convened
The regular meeting re -convened with all
Commissioner present except the Chairman. Chairman pro tem
Sorensen chaired the meeting.
PUBLIC HEARINGS
A public hearing was continued on a proposed ordi-
nance defining time-share unit; creating a new zoning
84 district RT-8, Resort Tourist District; providing for uses
18 permitted upon special approval; providing for uses
127 prohibited; providing for lot and building requirements,
project requirements and signs; providing for severability,
- codification and an effective date. Proof of publication
was previously entered into the records. Mr. Tye Hodges,
Attorney with the firm of Tittle and Tittle, addressed the
Board and opposed the ordinance and also made reference to a
recent Attorney General's Opinion 082-93 concerning material
changes to ordinances. Motion was made by Commissioner
Swift and seconded by Commissioner Fahrer to postpone this
item until Mr. Proby can research the reference to the
Attorney General's Opinions 082-93. During discussion the
motion was withdrawn. Motion was made by Commissioner Swift
and seconded by Commissioner Harvey to adopt said ordinance
including in the blanks 950 square feet and a density of 4
units per gross acre. Roll call vote was taken and carried
unanimously.
ORDINANCE NO. 007-1983
See Ord. Book No. 5 which is incorporated herein by
reference.
Next was a continuation of a public heraing
amending Chapter 4, Article II, Section 4-19, permitted uses
84 in zone, to eliminate other structures elevated on pilings
127 as a permitted use within a shoreline protection zone; pro-
viding exceptions; providing for severability, condification
and an effective date. Proof of publication was previously
—1
L
Y 1,83
entered into the records. -Mr. Tye Hodges, Attorney repre-
senting the firm of Tittle and Tittle, addressed the Board
and opposed the ordinance. Mr. Cotton of Ramrod Key opposed
the ordinance. Mayor pro tem Sorensen read a letter from
Diana R. Chin into the record. Motion was made by Chairman
pro tem Sorensen and seconded by Commissioner Fahrer to
table this item. Motion carried unanimously. '
Mayor pro tem Sorensen then recognized Mr. Michael
Garretson of the Department of Community Affairs. Mr.. 55
Garretson addressed the Board briefly.
There being no further business the meeting was
adjourned.
i