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12/20/1985 RegularEE 105 Regular Meeting Board of County Commissioners Friday, December 20, 1985 Key West A Regular Meeting of the Board of County Commissioners convened on the above date in Key West. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormont, Commissioner Ed Swift, and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Kermit Lewin, County Administrator; Lucien Proby, County Attorney; Department Heads; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and the Pledge of Allegiance to the Flag. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to approve the following items by unanimous consent: STAFF REPORTS Board approved payment of refund in the amount of $21.00 to Rita A. Orzel inasmuch as the Land Use Maps she had ordered and paid for were never received by her. Board approve payment of refund in the amount of $200.00 to Joe Bizjak, Contractor, inasmuch as four Flood Variance Applications would not be used. Board approved, per staff recommendations, the Application for Variance to the Flood Hazard Ordinance of Herman R. Auth, for the placement of a mobile home below the 100-Year Flood Elevation and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Lot 19, Block 3, Lida -First Addition, 81st Street Ocean, Vaca Key; Zoned RU-5; Coastal Flood Zone A-13. Board approved, per staff recommendations, the Application for Variance to the Flood Hazard Ordinance of Mr. and Mrs. R. Farmer, for the enclosure of an elevator and stair well at Lot 2, Block 2, Sunrise, Sunrise Cay Drive, Ocean Reef; Zoned RU-1; Coastal Flood Zone V-21 Panel 0659. Board approved, per staff recommendations, the Application for Variance to the Flood Hazard Ordinance of Fiesta Key K.O.A. to construct a building approximately 750 to 1000 square feet for marine retail business on Government Lot 11 Acreage, MM 70, Long Key, RE #98160 and #98180; Zoned RU-5-P; Coastal Flood Zone V-17. Board approved, per staff recommendations, the Application for Variance to the Flood Hazard Ordinance of Joseph Katalinic for placement of a mobile home below the 100-Year Flood Elevation and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Lot 18, Porpoise Point, Section 2, Flipper Road, Big Coppitt Key; Zoned RU-5; Coastal Flood Zone V-12 Panel 1732. Board approved, per staff recommendations, the Application for Variance to the Flood Hazard Ordinance of Francis W. Nicely for placement of a mobile home below the 100-Year EE 106 Flood Elevation located on Lot 16, Block 8, Largo Gardens, Gale Place, Key Largo; Zoned RU-1 with Trailer Variance; Coastal Flood Zone A-16 Panel 1006C. Board approved, per staff recommendations, the Application for Variance to the Flood Hazard Ordinance of Arnold Lee Robinson for placement of a mobile home below the 100-Year Flood Elevation located on Lot 5, Block 30, Sands, Avenue D between 2nd and 3rd, Big Pine Key; Zoned RU-1 with Trailer Variance; Coastal Flood Zone A-10 Panel 1536. Board approved, per staff recommendations, the Application for Variance to the Flood Hazard Ordinance of Eugene Shinkevich for the construction of an enclosure for elevator under the existing single-family residence on Lot 5, Block 12, Eden Pines Colony, West Shore Drive, Big Pine Key; Zoned RU-1; Coastal Flood Zone V-12. Board approved, per staff recommendations, the Application for Variance to the Flood Hazard Ordinance of Tamarac Park Owners Association for the construction of a 20 x 14 Utility Building below the 100-Year Flood Elevation located at Tamarac Park, Big Coppitt; Zoned RU-5; Coastal Flood Zone A-10 Panel 1733. Board authorized execution of Amendment to Contract #85-1-887 between Monroe County Board of Commissioners - Transportation and Area Agency on Aging for Dade & Monroe Counties - United Way of Dade County, Inc. to increase Federal funds available by $3,138.00. Board authorized execution of documents in connection with 1986 Grant between Monroe County Transportation Program and Area Agency on Aging for Dade & Monroe Counties for a total Project amount of $105,437.00. Board authorized execution of documents in connection with 1986 Title III-B Homemaking For The Elderly Grant Application for a total Project amount of $130,427.00. Board authorized execution of documents in connection with 1986 Title III C-1 and C-2 Grant Application for the Nutrition Program for total Project amounts of $240,180.00 and $86,459.00, respectively. Board authorized execution of Amendment to Contract #86-5-878, Community Caree for the Elderly, and Budget revi- sion request for Fiscal Year 1985-86. Board approved, per staff recommendations and conditions, the Application for Variance to the Flood Hazard Ordinance of David Wilson to construct a 400 square foot enclosure under the existing single-family residence located on Lot 44, Block 1, Yacht Club Island, Toms Harbor, East Seaview, Duck Key; Zoned RU-1-M; Coastal Flood Zone V-17. Board approved and authorized execution of Amendment to Agreement with Hazen and Sawyer, P.C. for Municipal Service District incorporating additional engineering services authorized by the Board. Board authorized the emergency purchase of a Regulator for Runway Lights at Key West International Airport. LEGAL DEPARTMENT Board adopted the following Resolution authorizing the Mayor EE 107 and Chairman of the Board to execute a 99-year Lease Agreement by and between the City of Key West, Florida, and County of Monroe, providing for the operation of an Animal Control Facility. RESOLUTION NO. 348-1985 See Res. Book No. 47 which is incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 349-1985 See Res. Book No. 47 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board to approve and execute a Standard Form of Agreement between Owner and Contractor by and bet- ween the Board of County Commissioners of Monroe County, Florida and J. P. Strode & Associates, Inc. for construction of an Apparatus Building for the Tavernier Volunteer Fire Department and Ambulance Corps. RESOLUTION NO. 350-1985 See Res. Book No. 47 which is incorporated herein by reference. Board authorized the Legal Department to advertise for Public Hearing a proposed Ordinance amending Ordinance No. 013-1984 by the addition of three new sections to be num- bered Section 6, Section 7 and Section 8, and entitled "Determination And Itemization Of Audited Debt," "Directions For Payment Of Audited Debt," and "Disbursement Of Excess Of Audited Debt Amount;" providing for severabi1ity; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing for an effective date. Board adopted the following Resolution concerning decrease in receipts of unanticipated funds for the Fiscal Year 1985-1986. RESOLUTION NO. 351-1985 See Res. Book No. 47 which is incorporated herein by reference. Board adopted the following Resolutions concerning receipt of unanticipated funds for the Fiscal Year 1984-1985. RESOLUTION NO. 352-1985 RESOLUTION NO. 35�985 See Res. Book No. 47 which is incorporated herein by reference. Board adopted the following Resolutions concerning receipt of unanticipated funds for the Fiscal Year 1985-1986. RESOLUTION NO. 354-1985 RESOLUTION NO. 355-r985 RESOLUTION NO. 35�9 See Res. Book No. 47 which is incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 357-1985 See Res. Book No. 47 which is incorporated herein by reference. EE 108 Board authorized the Legal Department to advertise for Public Hearing a proposed Ordinance amending Section 19-5 of the Monroe County Code in order to provide a definition of Veterinary Clinics; amending Section 19-217.1 and 19-217.2 by permitting Veterinary Clinics in BU-2Q and BU-2R Zones; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; providing for inclusin in the Code of Ordinances of Monroe County; and providing for an effective date. Board authorized the Legal Department to advertise for Public Hearing a proposed Ordinance amending Section 6-16.1(7) of the Monroe County Code of Ordinances pertaining to amendments to the Standard Building Code, in order to provide for additional construction standards for Veterinary Clinics and Hospitals; providing for severability; providing for inclusion in the Monroe County Code of Ordinances; pro- viding for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing for an effective date. Board adopted the following Resolution requesting the Department of Transportation of the State of Florida to con- vey and deed over to Monroe County a certain road located on Boca Chica Key in said County which was formerly conveyed to the Department of Transportation of the State of Florida. RESOLUTION NO. 358-1985 See Res. Book No. 47 which is incorporated herein by reference. REPORTS AND RECOMMENDATIONS FROM CLERK TO THE BOARD Board approved payment of the following Fine and Forfeiture Expenditures: FINE & FORFEITURES FUNDS COURT -APPOINTED ATTORNEYS, L. E. Brown, in the amount of 350.00; James R. Keller, in the amount of $1,050.00; William Kuypers, in the amount of $225.00; Robert W. Leeman, Jr., in the amount of $3,061.25; Henry Lee Morgenstern, in the amount of $180.00; John P. Rotolo, in the amount of $1,631.25. OTHER EXPENSES, Louis J. Spallone, Clerk, in the amount of 300.00. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of ,403.75; Florida Keys Reporting, in the amount of $184.90; Helen L. Hardy and Associates, Inc., in the amount of $287.50; Merit Reporting Service, Inc., in the amount of $362.80; Terry Moran, in the amount of $146.20. COURT INTERPRETER SERVICES, Florida Keys Reporting, in the amount of 25.00; Manuel J. Marcial, in the amount of $315.00; Godfrey Payne, in the amount of $50.00; Robert Riggs, in the amount of $80.00; Maria Sardina, in the amount of $155.00. EXPERT WITNESS FEES, Keith R. D'Amato, Ph.D., in the amount of 300.00;,Richard Hellmann, Ph.D., in the amount of $90.00. WITNESS PAYROLL, Regular Witness Fees, in the amount of 10.00; Auto Allowance and Travel, in the amount EE 1.Q9 Of $19285.00. Board approved the following Warrants: W A R R A N T S GENERAL REVENUE FUND, #44754-#45361, in the amount of $1,661,5�. SUPPLEMENT TO GENERAL REVENUE FUND, #2054206, in the amount of 73,282.06. FINE & FORFEITURE FUND, #456-#458, in the amount of $89,161.81. AIRPORT OPERATION & MAINTENANCE FUND, #328-#330, in the amount of 39,357.96. ROAD & BRIDGE FUND, #379-#381, in the amount of $147,268.98. MSD TAX DISTRICT, #717-#718, in the amount of $92,310.0T—. MSD, Marine Bank, Marathon, #315-#317, in the amount of P3,638.07. MSD, Pledged Funds, #50, in the amount of $90,000.00. LAW LIBRARY FUND, #161, in the amount of $863.49. CAPITAL PROJECTS FUND, #1184119, in the amount of $155,227.03. CARD SOUND BRIDGE FUND, #1064108, in the amount of $8,460.20. WORKMENS COMPENSATION, #1707-#1727, in the amount of $24,18 .6� 4. — TOURIST DEVELOPMENT COUNCIL, #2064211, in the amount of 901,727.86. MONROE COUNTY SELF -INSURED GROUP INSURANCE, #1124113, in the amount of 129,302.16. TRANSLATOR FUND, #91492, in the amount of $179018.53. Board approved Minutes of the Board of County Commissioners for October 29th, October 31st, November 1st, November 7th, November 13th, and November 15th. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Board adopted a Proclamation joining with the City of Key West in proclaiming Saturday, December 14, 1985 as a day of Christmas celebration. Board authorized the purchase of a camera, the cost of which is to be paid out of the Board's advertising funds. UNFINISHED BUSINESS Board adopted the following Resolution authorizing the exe- cution of an Interlocal Agreement by and between Monroe EE 110 County, Florida and the City of Key West, Florida concerning the Simonton Street Project. RESOLUTION NO. 359-1985 See Res. Book No. 47 which is incorporated herein by reference. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to postpone until the next Marathon meeting the Awarding of Bids for Repair of Boat Ramp Facility at Dodge Lake, Marathon. Motion carried unani- mously. PUBLIC HEARING A Public Hearing was held on a proposed Ordinance amending Ordinance No. 9-1981, as amended by Ordinance No. 009-1984 and Ordinance No. 008-1985, codified as Article VIII of Chapter 2 of the Monroe County Code of Ordinances, in order to provide for County -wide representation on the Monroe County Tourist Development Council; providing for length of term; providing for replacement appointments when a member moves from his or her District; providing for severability; providing for repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of any such conflict; providing for inclusion of this Ordinance in the Monroe County Code of Ordinances; and pro- viding for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to read by title only. Motion carried unanimously. Frank Romano, Vice -Chairman of the Tourist Development Council, addressed the Board and opposed the Ordinance. Virginia Panico, President of the Greater Key West Chamber of Commerce, pre- sented a Resolution of the Chamber also opposing the Ordinance. Henry Rosenthal, representing the Islamorada and Key Largo Chambers of Commerce, favored the Ordinance. Terry Horton, of the Key West Hotel/Motel Association, opposed the Ordinance. David Paul Horan, attorney, spoke in opposition of the Ordinance. Linda O'Brien, of the Key West Fishing Tournament and Pelican Landings, also opposed the Ordinance. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to adopt the Ordinance. Motion was made by Commissioner Swift and seconded by Mayor Harvey to continue to the next Marathon meeting. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman No Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion failed. Motion was made by Commissioner Swift and seconded by Mayor Harvey to amend the motion to provide for an amendment to the Ordinance which would require at least one member of the Key West Hotel/Motel community to sit on the Board. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes EE III Motion to amend carried. Roll call vote was then taken on the original motion to adopt as amended with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman Yes Stormont Yes Swift No No ORDINANCE NO. 036-1985 See Ord. Book No. 10 which is incorporated herein by reference. A Public Hearing was then held on a proposed Ordinance regulating and prohibiting the diving, trapping and gathering of lobsters in and below the surface of man- made canals within the unincorporated areas of Monroe County, Florida; providing for certain penalties for violation(s) hereof; providing for inclusion of this Ordinance lin the Monroe County Code of Ordinances as Section 13-7 of said Code of Ordinances; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith to the extent of any such conflict; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. Mr. Applequist questioned how the Ordinance would operate. Art Skelly, resident of Sugarloaf Key, favored the Ordinance. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to amend the Ordinance to provide for "diving" by the owner in waters adjacent to their property only, amending Section 13-7(a) by adding the following sen- tence thereto: "That such diving and/or collection shall be restricted strictly to waters abutting one's own property." Roll call vote on the motion to amend was unanimous. Motion was made Commissioner Swift and seconded by Commissioner Freeman to adopt as amended. Motion carried unanimously. ORDINANCE NO. 037-1985 See Ord. Book No. 10 which is incorporated herein by reference. COUNTY ADMINISTRATOR'S REPORT Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve payment of a bill to Risk Control Associates in the amount of $455.00. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Mayor Harvey to approve payment of a bill from Grant Spradling in the amount of $6,999.00. Motion carried unanimously with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve payment of legal fees in the amount of $90.63 for services rendered by Michael Casey concerning the Fair Labor Standards Act. Motion carried unanimously. County Administrator Lewin then discussed Christmas holidays. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to close the one-half day on EE 112 December 24th and December 31st. Motion carried unani- mously. Mr. Lewin discussed the concession at Higgs Beach which would be expiring at the end of this year. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to extend the present concession at Higgs Beach until April 30, 1986. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to approve payment of bills from Post, Buckley, Schuh & Jernigan in the amounts of $19,652.07 and $1,930.73 for the Card Sound Bridge. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve payment of Tourist Development Council expenditures in the amount of $29,895.37. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to authorize the use of a portion of Sombrero Beach for the installation of a telescope for the viewing of Halley's Comet. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to change the Board's Meeting Schedule for 1986 as follows: January 3rd rescheduled to January loth January 17th rescheduled to January 24th Motion carried unanimously. The Board proceeded with appointments to the Zoning Board as follows: Commissioner Fahrer Charles Howell Commissioner Stormont Jay Miller Mayor Harvey Mary Jean Bruce Commissioner Freeman Kay Finley Commissioner Swift Michelle Keevan The above appointments to the Zoning Board were affirmed by acclamation of the Board. The Board then proceeded with appointments to the Board of Adjustment as follows: Commissioner Stormont Edwin Handte Commissioner Fahrer Eleanor Fiske Mayor Harvey Joyce Capron Commissioner Freeman Monica Haskel Commissioner Swift Larry Thompson The above appointments were affirmed by acclamation of the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to reappoint Mayor Harvey and Commissioner Stormont to the South Florida Regional Planning Council. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to confirm and reappoint all present Committees and Boards not reappointed this date to -- EE 113 serve until January when the Board will meet and consider formal reappointments. Motion carried unanimously. MSD REPORT Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to authorize the reduction of the Reserve Account in the Bond Accounts for the MSD and to transfer the sum of $961,702.08 to the Renewal and Replacement Fund. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to authorize the payment of $7,000.00 for services rendered to Hazen and Sawyer, P.C. out of proceeds of the Bond Issue. Roll call vote was una- nimous. MSD Director Aguero then discussed commercial rates. Mayor Harvey ruled that consideration of any rate change at this time was out of order. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to challenge the Chair. During discussion, Henry Rosenthal, representing the Islamorada Chamber of Commerce, addressed the Board and supported a change in the commercial rates. During discussion of the motion to challenge, motion was made by Mayor Harvey and seconded by Commissioner Fahrer to postpone consideration of this item for Public Hearings to be scheduled in January. Roll call vote was unanimous. Judson Freeman, Jr., Bond Counsel, addressed the Board concerning an Amendatory Resolution to clean up cer- tain technical items in the original Refunding Bond k_. Resolution adopted by the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the following Resolution amending a Resolution of the Board of County Commissioners of Monroe County, Florida entitled: "A Resolution providing for the advance refunding of the outstanding Improvement Bonds, Series 1980, of Monroe County Municipal Service District, Monroe County, Florida; authorizing the issuance of not exceeding $10,000,000 Refunding Improvement Bonds, Series 1985, to finance the cost thereof; providing for the payment of the Bonds from special assessments levied against benefited property, and certain other funds of the District; making certain cove- nants and agreements in connection therewith; and providing an effective date." duly adopted on December 6, 1985, by making certain changes necessary for the issuance of a Municipal Bond Insurance Policy with respect to the Bonds; and providing an effective date. Roll call vote was unani- mous with Commissioner Swift not present. RESOLUTION NO. 360-1985 See Res. Book No. 47 which is incorporated herein by reference. Joe Wise of Wm. R. Hough & Co. addressed the Board concerning the Closing Schedule for December 30th. PLANNING, BUILDING & ZONING REPORT Dorr Fox of the Planning Department addressed the request of Gene Culmer for maintenance and repair of existing marina and placement of fill below the Mean High Water Line. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve, per staff recom- mendation, that certain memorandum dated December 16, 1985. Roll call vote was unanimous. EE 114 STAFF REPORTS County Administrator Lewin discussed proposed County Purchasing Procedures. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the Purchasing Procedures as presented in the form of an Administrative Order, as amended to include the provi- sion for use of surety bonds. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey No Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the same County Purchasing Procedures for the operation of the MSD with reference to the County Administrator being replaced by the Manager of the MSD. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey No Motion carried. The Board entered into a discussion of a memorandum dated December 171, 1985 from EMS Director James Paros con- cerning the Islamorada Ambulance Service requesting certain actions to be taken to insure the continuation of the necessary Emergency Services. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve Items 1 through 4 of that certain memorandum dated December 175 1985 from Mr. Paros to the Board of County Commissioners. During discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Swift to amend to provide that Recommendation No. 4 would take first priority. Roll call vote on the motion to amend was unani- mous. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to amend to provide that Item No. 1 would be the preparation of specifications only. Roll call vote on the amendment was unanimous. Roll call vote on the original motion as amended was unanimous. UNFINISHED BUSINESS Arthur Mannes addressed the Board concerning a lien for services rendered by Public Works and MSD. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the placement of a lien on Block 46, Lot 12 and 39, Maloney Subdivision, Stock Island, Section 35, Township 67, Range 25, for non- payment of lot clearing in the amount of $4,477.80. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey No EE 115 Motion carried. MUNICIPAL SERVICE TAXING DISTRICT Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the following Resolution authorizing the Chairman of the Board of Governors of Municipal Service Taxing District #1-D to approve and exe- cute an Agreement by and between Municipal Service Taxing District #1-D and Fishermen's Hospital, Inc. for the purpose of operating an advance life support ambulance service from the premises in Big Pine Key, Florida, to between the east end of Kemp Channel, approximately Mile Marker 23, and the west end of Little Duck Key, approximately Mile Marker 39. Roll call vote was unanimous with Commissioner Swift not present. RESOLUTION NO. 361-1985 See Res. Book No. 47 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to postpone to the next Marathon meeting the adoption of a Resolution regarding an Agreement with Fishermen's Hospital, Inc. for the purpose of operating an ambulance service from the Hospital premises in Marathon, Florida. AWARDING OF BIDS The Clerk advised the Board that the Bid Committee was in possession of the following bids in connection with the Repair Of Daybeacons In Tavernier Creek, Oceanside: Brumm Contracting Post Office Box 434 Islamorada, Florida 33036 $ 4,500.00 Frank Keevan & Son, Inc. 2nd Street, Stock Island Key West, Florida 33040 $ 2,970.00 Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to accept the bid of Frank Keevan & Son, Inc. in the amount of $2,970.00. Motion carried unani- mously. GENERAL REPORTS Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to postpone to the next meeting the matter of the request from the Key West Charter Boatmen's Association for an endorsement of an Underwater State Park off Key West and requested a recommendation from Extension Service Director Fisher concerning this request. Motion carried unanimously. STAFF REPORTS Motion was made by Commissioner Freeman dations, the Application Ordinance of Marr Resort of laundry and storage r 1,512 square feet - for hotel units and placemen condo units for Lots 523 by Commissioner Fahrer and seconded to approve, per staff recommen- for Variance to the Flood Hazard Properties, Inc. for the placement oom below 100-Year Flood Elevation - Lots 525 and 526 under existing t of elevator shaft under existing and 524, in Port Largo Fifth EE 116 Addition, Caribbean Drive, Key Largo; Zoned RU-7 and BU-2-F; Coastal Flood Zone A-16, Panel 1006. Motion carried unani- mously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve, per staff recommen- dations, the after -the -fact Application for Variance to the Flood Hazard Ordinance of William Murphy for the enclosure of a 10' x 12' foyer and the enclosure of 3' x 12' stairs on Lot 1, Block 17, Eden Pines Colony, 4th Addition, Iroquois Lane, Big Pine Key; Zoned RU-1; Coastal Flood Zone V-12, Panel 1536; with a double fee for an after -the -fact request. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman declaring an emergency exists for the health, safety and welfare of the citizens of Monroe County for the purpose of considering an Emergency Ordinance concerning the collection of special assessments, transfer and disposal service fees. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commisisoner Stormont No Commissioner Swift Yes Mayor Harvey No Motion failed for lack of a required four -fifths vote to declare an emergency. Motion was then made by Commissioner Stormont and seconded by Mayor Harvey directing MSD Director Aguero to provide the detail of the costs of billing and collection of the special assessment roll and requested the Clerk to request the same information from the Tax Collector. Roll call vote was unanimous. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Swift discussed his litigation versus the State of Florida concerning the Land Use Plan. Motion was made by Mayor Harvey that the Board join in that litiga- tion versus the State of Florida concerning the requirements of the Land Use Plan. During discussion, motion was withdrawn. David Paul Horan, attorney representing Commissioner Swift, addressed the Board. The Honorable Joe Allen, State Representative, also addressed the Board con- cerning the litigation. Motion was made by Mayor Harvey and seconded by Commissioner Freeman that the Board of County Commissioners would join in the litigation against the State of Florida concerning the requirements of the Land Use Plan and adopt the following Resolution authorizing Monroe County to initiate and commence a lawsuit against the pertinent State officials and/or bodies to determine whether or not the Revised Principles of Guiding Development heretofore adopted by the Administration Commission in July, 1984 are valid and enforceable; requesting any and all relief in this regard as was originally moved in the lawsuit filed by Commissioner Edwin 0. Swift, III; spreading on the record the vote on said Resolution. RESOLUTION NO. 362-1985 See Res. Book No. 47 which is incorporated herein by reference. Roll call vote was taken with the following results: EE :117 1 1 1 Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. During discussion, Commissioner Stormont declared that in spite of the Board's vote, he could not be compelled to sue the State of Florida individually. UNFINISHED BUSINESS The Board considered the continuation of the appeal of Largo Bayside, Inc., a Florida corporation d/b/a Landings of Largo, an existing P.U.D. appealing the action of the Monroe County Zoning Board of November 6, 1985 in refusing to hear the applicant's request for a change to an existing P.U.D./Major Development and passing a motion to consider the change requested by thelapplicant to be a major change to a development plan as opposed to a minor change; property located on the easterly half, of Lot 11, except the West 107 feet thereof and all of Lot,12 of George L. McDonald's Subdivision of US Government Lot 5 & 6 and the NW 1/4 of the NW 1/4 of Section 5, and Lots 1 & 2 of Section 6, Township 62S, Range 39E, according to the Plat thereof, as recorded in Plat Book 1, Page 59, and the Existing Shoreline of Florida Bay, as more particularly delineated and described in that survey prepared by Bailey, Glass and Post of Fl. Bay Estates, Inc. dated 5/25/72 Key Largo; located on US #1 at Mile Marker 98. Commissioner Freeman addressed the Board and the public and discussed his long-term membership on the Board of Directors of First' Federal Savings and Loan Association of the Florida Keys and the existence of a possible conflict of interest due to that institution being a mortgagee of the subject property of this appeal. He felt, however, that that situation would in no way affect or alter his vote on the issue! Michael Halpern, attorney representing Largo Bayside„ Inc., d/b/a Landings of Largo, addressed the Board concerning the appeal and again advised the Board that all of Paragraph 7 of the Notice of Appeal was withdrawn and proceeded!to discuss the appeal. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey that Landings of Largo be granted the appeal of the Zoning Board's decision as to their' request being a major change and adopting the following Resolution reversing the decision of the Zoning Board of Monroe County, Florida, without pre- judice, and approving the request of Largo Bayside, Inc. d/b/a Landings of Largo to reverse the decision of the Zoning Board of Monroe County, Florida, in refusing to hear their request for a change to an existing P.U.D./Major Development and passing a motion considering the change requested to be a major change to the development plan as opposed to a minor change. ' RESOLUTION NO. 363-1985 See Res. Book No. 47 which jis incorporated herein by reference. u Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey 9 I Motion carried.. In making his "No" Yes Yes No Yes Yes vote, Commissioner EE 118 Stormont quoted Section 6-226(g), County Attorney Proby's memorandum of December 9th, an objection as to proper notice, and Section 6-237 and Section 6-239(c) of the Monroe County Code as his reasons for voting "No." Motion was then made by Commissioner Fahrer and seconded by Commissioner Swift to allow Landings of Largo to proceed with the project under the direct rulings of the Director of Building, Planning & Zoning concerning setbacks and all applicable Code requirements. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman Yes Stormont No Swift Yes Yes Motion was made by Commissioner Swift and seconded by Mayor Harvey to postpone the review of the Monroe County Board of Commissioners' Administrative Procedures. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer No Freeman Yes Stormont Yes Swift Yes Yes Motion was made by Commissioner Swift and seconded by Commissioner Freeman to adopt a Proclamation concerning President Abraham Lincoln's Emancipation Proclamation. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Agreement by and between the County of Monroe and Island City Flying Service, Inc. in connection with use of the Key West International Airport. Motion carried unanimously. RESOLUTION NO. 364-1985 See Res. Book No. 47 which is incorporated herein by reference. There being no further business, the meeting was adjourned.