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09/11/1980 Regular v 02'; r , , Regular Meeting Board of County Commissioners Tuesday, September 11, 1980 10:00 A.M., Plantation Key Upper Keys Governmental Center A regular meeting of the Board of County Com- missioners was held on the above date. Present and answering to roll call were Commissioner Curt Blair, Cqmmissioner Georg Dolezal, Commissioner Jerry Hernandez, Jr., Commissioner Richard Kerr and Chairman Don Schloesser. Also present were Danny Kolhage, Deputy Clerk; Michael Cates, County Attorney; Kermit Lewin, County Administrator; members of the Press and Radio; and general public. All stood for the Invocation and Pledge of Allegi- ance to the Flag. OPENING OF BIDS The first item was the opening of sealed bids for food service for the Monroe County Nutrition Program for senior citizens. Proof of publication was entered into the There were no bids received. records./ Motion was made by Commissioner Kerr and seconded by Commissioner Blair authorizing staff to negotiate a Bids & Proposals; Funds (Fee Grants). v 028 Contracts & Agreements; Schools. Bids & Proposals; Retired Persons; Buildings & Grounds. Zoning. contract with the District School Board to provide for food service. Motion carried unanimously. Next item was the opening of sealed bids for con- struction of a Senior Citizens Center in Plantation Key. Proc~ of publication was entered into the records. There were no bids received. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to authorize staff to solicit proposals for the construction of the center and repOl back to the Board at the September 23, 1980 meeting in Marathon. During discussion the motion was amended to include the following language, "that the County begin the process whereby the County become the general contractor". Motion as amended carried unanimously. UNFINISHED BUSINESS Mr. Bob Jabour discussed the application of Maurice Jabour for a variance to the AICUZ. After considerable dis- cussion a motion was made by Commissioner Hernandez and seconded by Commissioner Kerr to agenda this item for the Marathon meeting of September 23, 1980. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Sheriff; Sheriff Freeman discussed his request for additiona Budget. Deputies. Representatives of the Key Largo Volunteer Fire Department, Chief Bob Schultz, addressed the Board concerning the problems caused by a lack of Deputies in the Upper Keys. Sheriff Freeman was advised that the Board would be holding Budget Meetings on Tuesday, September 16, 1980 starting at 10:00 A.M., in Key West. During discussion the Board was advised by Fire Chief Schultz that the Florida Highway Patrol staff in the Upper Keys would be reduced to two (2) patrol cars in the near future. After discussion a motion was made by Commissioner Hernandez and seconded by Commissioner Kerr authorizing the County Attorney and the County Administrator to meet with Col. Beech of the Florida Highway Patrol to dis- cuss additional patrolman in the Upper Keys. Motion carried unanimously. Mrs. Alice Skinger, Vice Chairman of the Monroe V 029 - County Library Board addressed the Board and presented the Buildings& Grounds; preliminary plans for the Marathon Library as prepared by Library. the architectural firm of McCoy-Knight. After review by the Board a motion was made by Commissioner Dolezal and seconded by Commissioner Kerr to authorize the Library Board to con- tact Mr. Franz Lipp and authorize him to prepare landscaping plans for the Marathon Library at no cost to the County. Motion was made by Commissioner Kerr and seconded by Com- missioner Dolezal to accept the preliminary plans for the Marathon Library as prepared by the firm of McCoy-Knight. Motion carried unanimously. LEGAL DEPARTMENT Mr. Mark Von MandaI of Air Cargo America discussed his request to conduct air freight at the Key West Inter- national Airport. At this time the Board also considered and heard Mr. B. C. Papy, Jr., answering his request for approval of a sub-lease from Key West Airlines and Air Florida, Inc. In the discussion of these two items motion was made by Commissioner Kerr and seconded by Commissioner Blair to adopt the following resolution authorizing sub- lease between Air Florida, Inc., and Key West Airlines, Inc., and authorizing the Chairman of the Board to execute said sub-lease and instructing Key West Airlines to accept an agreement between Key West Airlines, Inc., and Air Cargo America incorporating joint use of the space to be sub- leased. Motion carried unanimously. RESOLUTION NO. 221-1980 See Res. Book No. 19 which is incorporated herein by referenc . REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Airport; Lease, Co. Property; Contract & Agreements. he had tentatively selected Mr. Richard Skelly as Airport The County Administrator informed the Board that Airport; Co. Empl. I' Ii 1 I I Director and requested that the Board ratify his appointment. Motion was made by Commissioner Kerr and seconded by Com- missioner Hernandez to ratify the appointment of Mr. Skelly as the Airport Director effective September 16, 1980 at a salary of $18,000.00 per annum. During discussion a motion was made by Commissioner Hernandez and seconded by Commission r V 030 Licenses & Permits. Schools; Municipal Corp. Co. Fire & Amb. Corps. Tax Millage Airport; Funds (Fed. Grants). Machinery & Equipment; Furniture & Fixtures. Dolezal to postpone action on this item until 3:30 P.M. Motion to postpone carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Kerr to approve the request by the Elks Lodge at Plantation Key for a waiver of permit fee per staff recom- mendation. Motion carried unanimously. The County Administrator discussed the situation wit~ the School Guards in the City of Key West. He also read a letter from Mr. Sanders, City Manager, requesting assistance in this area. This item was referred to the Budget Meeting on September 16, 1980 and Mr. Lewin was instructed to advise the City Manager. The County Administrator discussed a memorandum from Mr. Reggie Paros concerning the driving records of certain emergency vehicle drivers. This was presented for the Board's information only. The County Administrator presented the Board with a millage analysis based on the certification by the Property Appraiser and tentative County Budget. The County Administrator also advised the Board that because of a delay in the application process with the Department of Transportation concerning the States portion of the ADAP Grant, it would be necessary for the Board to forward a letter to FAA indicating that should the State funds not be available, the County would be responsible for the additional match. Motion was made by Commissioner Kerr and seconded by Commissioner Blair authorizing the County Administrator to forward a letter to FAA acknowledging the fact that should the State of Florida be unable to provide their match to the ADAP Grant that the County would be responsible for same. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Dolezal to approve the following County inventory changes: Public Works Department: Inv. #6102-257, 1975 Oldsmobile Ambulance, to be advertised for sale by sealed bids. v ~ Marathon Airport: Inv. #7201A-9, 1963 Ford Pickup Truck, to be advertised for sale by sealed bids; Inv. #7201A-3, 1975 Whirlpool Air Conditioner, to be removed from inventory and discarded, beyond economical repair. Public Service Storeroom: Inv. #2559-125, 1973 Calculator, to be transferred to Sheriff's Depart- ment, needs repairs, has been replaced; #2559-118, 1974 panasonic Dictating Machine, to be transferred to Sheriff's Department, needs costly repairs, has been replaced; #2559-120, 1975 Sanyo Recorder, transferred to Sheriff's Department, needs repairs, has been repaired before, has been replaced. Motion carried unanimously. Motion was made by Commissioner Dolezal and secon- ded by Commissioner Kerruo approve opening of Nutrition Meal Site for Senior Citizens on Big Pine Key. Motion carried unanimously. At this point in the meeting Commissioner Kerr left the meeting room. Motion was made by Commissioner Dolezal and seconded by Commissioner Hernandez to postpone an item con- cerning payment to Edward F. Sintz, Library Consultant, for professional services in the amount of $2,895.00 for two (2) weeks. Motion carried unanimously. Retired Persons; Buildings & Grounds. Library; Budget. Motion was made by Chairman Schloesser and secondec Co. Fire & Amb. Corps. by Commissioner Blair to approve payment to the State of Budget. Florida, Division of Forestry, in the amount of $1,266.63 for Fire Control Assessment from July 1, 1980 to June 30, 1981. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to adopt the following resolution incorporating a biological assessment into the records for Nichols/Hendrix, Inc., and approving a major excavation to construct an upland boat basin extension on ----- existing canal at Nicholas Subdivision, Key Largo per staff recommendation. Motion carried unanimously. RESOLUTION NO. 222-1980 See Res. Book No. 19 which is incorporated herein by referenc =. Motion was made by Commissioner Dolezal and secon- ded by Commissioner Hernandez to approve major excavation for construction of circulation canal channel system, Torch- Ramrod Channel, Ramrod Key, Breezeswept Estates per staff recommendation. Motion carried unanimously. Zoning. Zoning. V 032 Licenses & Motion was made by Commissioner Hernandez and secon- Permits; Zoning. ded by Commissioner Blair to approve a variance to the Flood Licenses & Permits; Zoning. Budget; Contracts & Agreements. Hazard Ordinance for Arthur P. Mueller per staff recommendatic~. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to approve a variance to the AICUZ Zone for the following per staff recommendation: Julieta R. Cacho - approval to construct a single family home on Lot 7, Block 10 of Porpoise Point Section 6, as recorded in Plat Book 5, page 120 and located in Section 22, Township 67 South, Range 26 East, Big Coppitt Key, zoned RU-l, in AICUZ 2 Zone. John Rossi - approval to place a mobile home on Lot 12, Block 13 of Tamarac Park, as recorded in Plat Book 6, page 55 and located in Section 27, Township 67 South, Range 26, East, Geiger Key, zoned RU-5, ir AICUZ C-2 Zone. Roll call vote was taken on the motion with the following results: Commissioner Blair Commissioner Dolezal Commissioner Hernandez Commissioner Kerr Chairman Schloesser Yes No Yes Absent Yes Motion carried. At this point in the meeting Commissioner Kerr returned to the meeting room and was seated. Motion was made by Chairman Schloesser and seconded by Commissioner Blair to approve payment in the amount of $135,400.00 to R. W. Taylor per contract. Motion carried unanimously. Motion was made by Commissioner Dolezal and seconde( Budget; Co. Enginee. by Commissioner Kerr to approve payment to vincent Protheroe Budget; Contracts & Agreements. Licenses & Permits; Zoning. for services rendered in the amount of $18,437.05 (Invoice No. 8-04), for the period of June 3, 1980 and August 31, 1980. Motion carried unanimously. Motion was made by Chairman Schloesser and seconded by Commissioner Kerr to approve payment to R. W. Taylor in th amount of $100,500.00. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Chairman Schloesser to approve a variance to the Flood Hazard Ordinance for Port Largo Marina as per staff recommendation. Motion carried unanimously. v O~ Motion was made by Commissioner Hernandez and Bids & Proposals; seconded by Commissioner Blair to authorize the County Attorn y Road Proj. to advertise and call for bids for the drainage project on 5th&6th~. Second Avenue, Stock Island. Motion carried with Commissione Kerr absent. ----- Motion was made by Chairman Schloesser and secon- ded by Commissioner Kerr to authorize the County's Consul- tants to process permits for the Cudjoe Incinerator. During discussion the motion was withdrawn. Licenses & Permits. The Board discussed the bid for the Vibratory Bids & Proposals; Roller for MSD. Mr. Aguero recommended it be awarded to the Machinery & Equipment. low bidder, Pettibone in the amount of $22,050.00. Motion was made by Commissioner Hernandez and seconded by Commis- sioner Kerr to award to Pettibone Corp., in the amount of $22,050.00. Motion carried unanimously. Motion was made by Commissioner Hernandez and Travel; Co. Fire & seconded by Commissioner Blair to authorize Volunteer Firemen Amb. Corps. to travel to Clearwater on October 2, 1980 to pick up refurbished vehicle from Gator Emergency Vehicle, Inc. Motic carried unanimously. The Board discussed the appointment of RSVP Advisory Council and the Senior Community Service Project Advisory Council. After discussion a motion was made by Commissioner Blair and seconded by Commissioner Dolezal to hold over for two weeks. Motion to hold over carried unanimously. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Motion was made by Commissioner Kerr and seconded by Chairman Schloesser to appropriate the sum of $1500.00 for the Key West Little League Baseball and Football activities. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Kerr to change the October 7, 1980 meeting to October 6, 1980 and directing the County Attorney to re-advertise all public hearings presently scheduled for October 7, 1980. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Retired Persons; Appoint- ments. Recreation; Budget; Advertisin~ Corom. Procedures, V 034 Budget. Buildings & Grounds; Contracts & Agreements; Budget. Airport; Co. Empl. Budget; Buildings & Grounds. Budget; Audits. Tax Asmt. Hernandez to change the November 4, 1980 meeting to November 6 1980. Motion carried unanimously. The Chairman announced that there would be a Budget Meeting on Tuesday, September 16, 1980 at 10:00 A.M., in Key West in the Commissioners Conference Room. The Chairman discussed problems that have recently arisen concerning Harry Harris Park. Motion was made by Chair man Schloesser and seconded by Commissioner Kerr to authorize a contract with the Upper Keys Marine Construction Company in the amount of $9,950.00 for the purpose of dredging Harry Harris Park. Said fund is to come from the appropriation of the Upper Keys Governmental Center. During discussion a motion was made by Chairman Schloesser and seconded by Com- missioner Kerr to table this item. Motion to table carried unanimously. At this time the Board continued discussion regard- ing the new Airport Director that was postponed earlier. Vote was then taken on the motion made by Commissioner Kerr and seconded by Commissioner Hernandez to ratify the appoint- ment of Richard Skelly as the Airport Director effective September 16, 1980 at a salary of $18,000.00. Motion carried unanimously. Motion was made by Chairman Schloesser and seconded by Commissioner Kerr to authorize the expenditure up to $5,000.00 for landscaping at the Upper Keys Governmental Center to be done under the observation of the Upper Keys Garden Club. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Chairman Schloesser to adopt the following resolution certifying audit cost. Motion carried unanimously. RESOLUTION NO. 223-1980 See Res. Book No. 19 which is incorporated herein by referenCE. Motion was made by Commissioner Kerr and seconded by Chairman Schloesser to adopt the following resolution adopting Additions, Corrections and Deletions to the Special Assessment Roll of 1980 for the period of August 26, 1980 through September 8, 1980. Motion carried unanimously. RESOLUTION NO. 224-1980 See Res. Book No. 19 which is incorporated herein by referencE. V 035 Motion was made by Commissioner Blair and seconded Lease, Co. Property; by Commissioner Kerr to adopt the following resolution Airport; Lights & authorizing the Chairman to execute a Sign Lease by and Signs. between the Board of County Commissioners and Melvin Heifetz d/b/a Key Wester Inn. Mot~on carried unanimously. RESOLUTION NO. 225-1980 See Res. Book No. 19 which is incorporated herein by referenc . Motion was made by Commissioner Blair and seconded Lease, Co. Property; by Commissioner Kerr to adopt the following resolution Airport; Lights & authorizing the Chairman of the Board to execute a Sign Lease Signs. by and between the Board of County Commissioners and Edward E Knight d/b/a Knight Realty. Motion carried unanimously. RESOLUTION NO. 226-1980 See Res. Book No. 19 which is incorporated herein by referenc . Motion was made by Commissioner Blair and seconded Budget. by Commissioner Kerr to adopt the following resolution transferring funds. Motion carried unanimously. RESOLUTION NO. 227-1980 See Res. Book No. 19 which is incorporated herein by referenc ~. Motion was made by Commissioner Blair and seconded Budget. by Commissioner Kerr to adopt the following resolution repealing Resolution No. 178-1980 and to provide for receipt of unanticipated funds from other governmental agencies. Motion carried unanimously. RESOLUTION NO. 228-1980 See Res. Book No. 19 which is incorporated herein by referenc~. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to adopt the following resolution authorizing the Chairman to execute certification of accep- tance of sub-grant award for Crime Prevention Bureau Program Motion carried unanimously. RESOLUTION NO. 229-1980 See Res. Book No. 19 which is incorporated herein by reference. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to adopt the following resolution authorizing the Chairman to execute certification of accep- tance of sub-grant award for Public Defender Internship Program. Motion carried unanimously. RESOLUTION NO. 230-1980 See Res. Book No. 19 which is incorporated herein by reference. Sheriff; Funds (Fed. Grants). Public Defender; Funds (Fed. Grants). V 036 Retired Motion was made by Commissioner Kerr and seconded by Persons; Buildings & Commissioner Hernandez to authorize submission of the grant Grounds; Funds (Fed. application for the Senior Citizens Multi-Purpose Center at Grants) . Big pine Key. r4Dtion carried unanimously. REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Commission- ers. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to approve the Minutes for the month of August, 1980. Motion carried unanimously. Budget. Motion was made by Commissioner Hernandez and seconded by Commissioner Kerr to approve the following Warrants for August and September, 1980: WAR RAN T S General Revenue Fund, #10112-10705, in the amount of $728,730.46. General Revenue Fund FRS, #54-58, in the amount of $94,819.42. Supplement to the General Revenue Fund, #41-42, in the amount of $14,408.51. Fine & Forfeiture Fund, #93-94, in the amount of $11,099.76. Road & Bridge Fund, #93-95, in the amount of $56,500.05. Airport Revenue Fund, #35-37, in the amount of $996.92. Airport Operation & Maintenance Fund, #47-49, the amount of $l19,24l.69. in Airport Develo~ment & Replacement Fund, #24, the amount of 15,000.00. Law Library Fund, #36-37, in the amount of $217.51. in Card Sound Bridge Revenue Fund, #52-53, in the amount of $6,092.77. MSD Tax District, #130-133, in the amount of $32,451.01. Workmens Compensation, #147-150, in the amount of $856.46. MSD Tax District FRS, #6-7, in the amount of $9,159.37. MSD Tax District#lOO-B, #47-48, in the amount of $126.87. MSD Tax District #72, #47-48, in the amount of $644.33. MSD Tax District #73, ~t48, in the amount of $39.60. MSD Tax District #74, #47-48, in the amount of $175.34. V 037 MSD Tax District #75, #47-48, in the amount of $600.89. MSD Tax District #76, #47-48, in the amount of $1,102.58. MSD Tax District #lOO-A, #47-48, in the amount of $229.53. - MSD Tax District #lOO-C, #47, in the amount of $113.02. MSD Tax District #lOO-H, #47-48, in the amount of $2,752.58. MSD Tax District #500-L, #47, in the amount of $48.97. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Blair to approve the following advertising bills: E. J. Schaeffer - $12,727.60. Florida Upper Keys Chamber of Commerce - $1,825.00. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Chairman Schloesser to approve payment to Deloitte, Has- kins and Sells for professional services through August 9, 1980 for audit in the amount of $7,035.00. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Blair to approve the following Budget Transfers for the Monroe County Sheriff: 1. That funds in the amount of $50,000.00 be transferred from Reserve for Contingencies, Account #47 to Expenses Other Than Salaries, Account #43-44. 2. That the item in the Budget of the Sheriff for the fiscal year 1979-80 as a result of the above transfers reflects as follows: A. B. Expenses Other Than Salaries Reserve for Contingencies $817,712.00 -0- - Motion carried unanimously. Advertising Budget. Audit ; Budget. Sheriff; Budget. The Board was advised of a letter from the Sheriff Sheriff. informing of appointment of Joseph Irving Leiter, Precinct 22 as a Deputy Sheriff effective May 17, 1980 and resigna- tion of Richard M. Edwards, effective September 30, 1980. At this point in the meeting Commissioner Dolezal left the meeting and did not return. V 038 The Chairman adjourned the regular meeting. Board of Appeals Hearing Tuesday, September II, 1980 4:00 P.M. The Board of County Commissioners convened on the above date sitting as the Board of Appeals to hear four (4) appeals. Present and answering to roll call were Commissioner Curt Blair, Commissioner Jerry Hernandez, Jr., Commissioner Richard Kerr, and Chairman Don Schloesser. Also present were Danny Kolhage, Deputy Clerk; Michael Cates, County Attorney; Kermit Lewin, County Administrator; Herny Weinkam, Zoning and Planning Director; members of the Press and Radio; and general public. Proof of publication was entered into the records. State Agency; Buildings & Grounds; Public Heal Prior to the start of the scheduled public hearing, the Chairman announced that the results of the testing done .by DER of Harry Harris Park Pool indicated that the pool was safe for swimming. Board of Appeals. The first appeal considered was that of Charlie Brown's Seafood, Inc., requesting a BU-2E with an existing BU-l on Lots 10 and 11, Block 1 of Buttonwood Shores Sub- division, as recorded in Plat Book 3, page 3 and located in Section 28, Township 61 South, Range 39 East, Key Largo. Mr. William E. Armstrong, owner of the property, discussed his request for reversal of the decision of the Zoning Board. Ms. Pam Olette, a resident in the area, opposed the appeal and discussed four (4) letters from other residents in the area who also were opposed to the granting of the appeal. Mr. Stanley Hill, resident, spoke in opposition. Motion was made by Commissioner Kerr and seconded by Commissioner Blair to adopt the following resolution denying the appeal and upholding the decision of the Zoning Board in that the requesi is not compatible with the subsequent area. Motion carried unanimously. RESOLUTION NO. 231~1980 See Res. Book #19 which is incorporated herein by reference. Board of Appeals. The next appeal considered was that of william Silver who requested a BU-2E with an existing BU-2 on Lot 17, Block 6 of Pamela Villa Subdivision, as recorded in Plat Book v 03~ 3, page 125 and located in Section 22, Township 61 South, Range 39 East, Key Largo. The Chairman read a letter to Mr. Ken Sorenson, Chairman of the Zoning Board, into the records indicating that the Nobles' would withdrawn their objection -- to the appeal contingent upon the construction of a wall. Mr. William Silver discussed his request. Mr. Jim Noble discussed his request. Mr. Cliff Miller addressed the Board concerning the construction of the fence. Mr. Ernest Price was in favor of the appeal. Mr. Stanley Hill opposed the appeal. Motion was made by Chairman Schloesser and seconded by Commissioner Kerr to adopt the following resol- ution reversing the decision of the Zoning Board and granting the zoning of BU-2E since the use was compatible with the surrounding property and the adjacent property owners. Motion carried unanimously. RESOLUTION NO. 232-1980 See Res. Book No. 19 which is incorporated herein by referenc . The next appeal discussed was Snapper Creek Trading Board of Appeals. Center, Inc., who were requesting the Board to reverse the decision of the Monroe County Zoning Board in consideration of a rollback from BU-2 to RU-l, initiated by the Monroe County Planning and Zoning Department, on Lots 4, 5, 6, and the N.E. 150 feet of Lot 22, Block 1 of Seaside Subdivision, as recorded in Plat Book,.l, page 97 and located in Section 14, Township 62 South, Range 38 East, Key Largo. Mr. Fred Tittle Attorney, representing Snapper Creek Trading Center, Inc., addressed the Board and requested a delay in order for the County Attorney to research the Law concerning their request for a reversal of the decision of the Zoning Board and advise the Board as to their position. The following people .- spoke: Charles Schry, Oz Moody, Jim Wilburn, H.C. Monroe, Don Birwald, Helen Birwald. Motion was made by Chairman Schloesser and seconded by Commissioner Blair to adopt the following resolution upholding the decision of the Zoning Board and denying the appeal. Motion carried unanimously. RESOLUTION NO. 233-1980 See Res. Book No. 19 which is incorporated herein by referenc~. V 040 The last appeal considered was that of New Port Board of Appeals. Largo, Inc., together with Kenneth Bassett, Trustee, who were requesting the Board to reverse the decision of the Monroe County Zoning Board in consideration of a change of zoning from RU-2 to PA on the Port Largo Airstrip, which is located in a portion of Government Lot 2, Section 33, Township 61 South, Range 39 East, and also adjoining submerged land as described in the T.I.I.F. Deed Number 24873, Key Largo. Mr. John Bigler and Mr. Joe Allen, Attorneys, representing New Port Largo, Inc., addressed the Board concerning the request for reversal of the decision of the Zoning Board. The following individuals spoke: Joe Creel, Stu Marr, Joe Sharit, Attorney for the Port Largo Property Owners Associa- tion, Dick Wilson, Jerry Ricker, and Charles Morbacher. The Chairman then asked that all members of the public who opposed the request for appeal to stand. A total of 69 people stood to signify their opposition to the request to deny the appeal. Mr. Ed Fernandez, Mr. Neil Muir, and Mr. Jack Borden addressed the Board in opposition. The Chairman presented a letter from the Key Largo Lions Club opposing it. Attorney Joe Allen then discussed licensing of the airport. He also submitted a proposal by Cliff Miller for construction of an alternate airport in the area. After discussion a motion was made by Commissioner Blair and seconded by Commissioner Hernandez to strike this evidence from the record. Motion carried unanimously. The Chairman presented 29 letters and cards; 28 opposing and 1 in favor. Motion was made by Commissioner Kerr and seconded by Commissioner Blair to adopt the following resolution to uphold the Zoning Board and deny the appeal for reasons stated in the transcript. Motion carried unanimously. RESOLUTION NO. 234-1980 See Res. Book No. 19 which is incorporated herein by reference The Board of appeals hearing was adjourned. The Board now convened for the purpose of conducting public hear- ings. Present were Commissioners Blair, Hernandez, Kerr and Chairman Schloesser along with Mr. Kolhage, Deputy Clerk; Mr. Lewin, County Administrator; Mr. Cates, County Attorney, Mr. v 041 Ordinance; Zoning. --- r- Ordinance; Zoning. Weinkam, Planning and Zoning Director; members of the Press and Radio; and general public. The first hearing was on a proposed ordinance pro- viding that the Code of Ordinances, County of Monroe, Florida be amended by adding a Section to be numbered 19-154 regardin lobster traps. Proof of publication was entered into the records. Mr. Kenn Durr, President of the Upper Keys Citizens Association, discussed the proposed ordinance and recommended amendments. Dr. Herbert Landry, Big Pine Key, opposed the ordinance as presently written. The following persons spoke in favor of the proposed ordinance: Al Armitt, Walter Thomp- son, Milton French, Jim Schuster, Thomas Pohlgreen, Jim Hardy Yvonne Davison, Lynn Chapin, William Ballard, Mr. Thomas, Jerry Collins, Sam Longley, Mr. Critcher, Charles Woods, Tom Newell, Capt. Joiner, President of OFF, Jack Hill, Richard Qvery, Gwenn Collins, Arlene Reiser. The following spoke in opposition: Charlie Mobader and Henry Kendell. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to continue the public hearing until September 23, 1980 at 5:30 P.M., in Marathon. Motion carried unanimously. The next public hearing was on a proposed ordinance providing that the Code of Ordinances, County of Monroe, Florida, be amended by amending Chapter 19, Article I, Section 1905 (Zoning Ordinance). Proof of publication was entered into the records. Motion was made by Chairman Schloesser and seconded by Commissioner Hrnandez to read the proposed ordinance by title only. Motion carried unanimously. Mr. Hernry Weinkam, Director of Building and Zoning, read a letter into the record from Ken Sorenson, Chairman of the Zoning Board, concerning the proposed ordinance. Ken Durr, President of the Upper Keys Citizens Association, discussed the proposed ordinance. Mr. Matt Kaczkowski discussed the proposed ordinance. Mr. Nat Funke from the Zoning Board discussed the ordinance. Motion was made by Commissioner Blair and seconded by Commissioner Kerr instructing the staff to re-write the ordinance to reflect the recommendations of the Zoning Board. Motion carried V 042 Ordinance; Zoning; Recreation. unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Kerr to continue the public hearing until October 21, 1980 at Plantation Key. Motion carried unanimously. / The next public hearing was on a proposed ordinance to adopt the Monroe County Recreation and Open Space Element of the Land Use Plan. This was the second hearing. Proof of publication was previously entered into the records. Moti was made by Commissioner Kerr and seconded by Commissioner Hernandez to read the ordinance by title only if there was no objection from the public. Motion carried unanimously. There was no public participation. Motion was made by Com- missioner Kerr and seconded by Commissioner Blair to adopt the following resolution adopting the Monroe County Recreation and Open Space Element of the Land Use Plan. Motion carried unanimously. ORDINANCE NO. 16-1980 See Ordinance Book #5 which is incorporated herein by referenc . There being no further business before the public -- t hearing it was adjourned by the Chairman.