01/23/1985 RegularCC " 001
Regular Meeting
Board of County Commissioners
Friday, January 23, 1985
Marathon
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 William Freeman, Commissioner John Stormont,
Commissioner Ed Swift, and Mayor Wilhelmina Harvey. Also
present were Danny L. Kolhage, Clerk; Lucien Proby, County
Attorney; Kermit Lewin, County Administrator; members of the
County's Consulting Engineers Firm; members of the Press and
Radio; and the general public.
All stood for the Invocation and Pledge of
Allegiance to the Flag.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Dr. Doyle discussed the publication of the
Preliminary Economic Study by Dr. Nicholas and the several
requests for dissemination that he had received from members
of the public at large. It was generally agreed that
although the report was tentative in nature, it had already
been widely distributed. Mr. Charles Siemon addressed the
Board concerning the current status of the work on the Land
Use Plan and Map and also the economic factors which had
been studied by Dr. Nicholas and which were used in his
Preliminary Report. Mr. Siemon discussed the progress of
the Work Program and specifically as it relates to the
platted land survey and the future allocation of dwelling
units in Monroe County. No action was taken.
LEGAL DEPARTMENT
Motion was made by Mayor Harvey and seconded by
Commissioner Fahrer to add to the Agenda a Resolution con-
cerning the naming of the Marathon Library. Motion carried
unanimously. Motion was made by Commissioner Fahrer and
seconded by Commissioner Swift to read the Resolution by
title only. Motion carried unanimously. Motion was made by
Commissioner Swift to delete the "E" in the name of "George
E. Dolezal." During discussion, motion was withdrawn.
Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to adopt the following Resolution of the
Board of County Commissioners of Monroe County, Florida
rescinding Resolution No. 201-1984 and renaming the Marathon
Branch Public Library in Marathon; the new name of said
Library to be: THE MONROE COUNTY GEORGE DOLEZAL BRANCH
LIBRARY. Motion carried unanimously.
RESOLUTION NO. 022-1985
See Res. Book No. 42 which is incorporated herein by
reference.
The Board discussed the proposed Contract with
Carmelita T. Gossard d/b/a C & M Electronics for the main-
tenance of the Translator System. During discussion, motion
was made by Commissioner Stormont to change the required
response time to "not to exceed one hour." After discussion
and input from Henry Nauberit, Bill Smith and Dick Akers,
motion was withdrawn. Motion was made by Commissioner
Fahrer to postpone this item and request Commissioner
Stormont to work with the Translator Committee. Motion died
CC 002
for lack of a second. Motion was made by Mayor Harvey and
seconded by Commissioner Fahrer to change the word "require"
to "may" subcontract, et cetera in the proposed Contract.
Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to approve the Contract as amended and
adopt the following Resolution authorizing the Chairman of
the Board of County Commissioners of Monroe County, Florida
to approve and execute a Contract for the maintenance of the
Monroe County Television Translator System by and between
the Monroe County Board of County Commissioners and
Carmelita T. Gossard d/b/a C & M Electronics. Motion
carried unanimously.
RESOLUTION NO. 023-1985
See Res. Book No. 42 which is incorporated herein by
reference.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Motion was made by Commissioner Swift and seconded
by Mayor Harvey to call for a Workshop on the Translator
System for March 20th in Key Colony Beach at 2:00 p.m.
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve the following items by una-
nimous consent:
LEGAL DEPARTMENT
Board adopted the following Resolution authorizing the
Chairman of the Board of County Commissioners of Monroe
County, Florida to approve and execute a Lease Agreement by
and between the County of Monroe, State of Florida, and Five
6-6666's Cab Company.
RESOLUTION NO. 024-1985
See Res. Book No. 42 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Board approved payment in the amount of $1,218.75 to Risk
Control Associates, Inc. for services rendered from November
29, 1984 through December 18, 1984.
Board approved the Petition for Admission to A. G. Holley
State Hospital for Howard M. Britchard, Jr.
Board approved the Petition for Admission to A. G. Holley
State Hospital for Thomas P. Donjon.
Board authorized refund of $100.00 to George and Bonnie
Wetzler for money paid for a Variance Application inasmuch
as, pursuant to Section 19-194 of the Monroe County Code, a
variance is not required for substandard size lots.
Board authorized refund of $100.00 to Flora R. Chabin for
money paid for an appeal fee inasmuch as the appeal was not
pursued.
Board adopted the following Resolution authorizing the
Chairman of the Board of County Commissioners of Monroe
County, Florida to approve and execute an Agreement by and
between the Stand Up America Parade Committee and Monroe
County, Florida to indemnify and hold harmless Monroe County
in all respects.
CC 003
RESOLUTION NO. 025-1985
See Res. Book No. 42 which is incorporated herein by
reference.
Board adopted the following Resolution providing for Airport
Usage Fees for the use of the various County Airports.
RESOLUTION NO. 026-1985
See Res. Book No. 42 which is incorporated herein by
reference.
Board adopted the following Resolution of the Board of
County Commissioners of Monroe County, Florida to approve a
Grant Application Packet by and between the Board of County
Commissioners of Monroe County, Florida and State of Florida
Department of Natural Resources re: Boating Improvement
Fund Project to improve and modify existing Channel Markers
with additional markers at The "Lakes" Passage, Key West to
Boca Grande, Monroe County, Florida; and authorizing the
Chairman of the Board of County Commissioners of Monroe
County, Florida to execute the subsequent Project Agreement
upon approval by the Department of Natural Resources of the
Grant Application.
RESOLUTION NO. 027-1985
See Res. Book No. 2 which is incorporated herein by
reference.
Board adopted the following Resolution approving Change
Order No. 2 amending the Contract by and between Monroe
County, Florida and The Brewer Company of Florida, Inc. for
the Key Colony Beach Causeway Project.
RESOLUTION NO. 028-1985
See Res. Book No. 42 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the
Chairman of the Board of County Commissioners of Monroe
County, Florida to approve and execute a Florida Boating
Improvement Program Development Project Agreement by and
between the State of Florida Department of Natural Resources
and Monroe County concerning the Duck Key Channel Markers.
RESOLUTION NO. 029-1985
See Res. Book No. 42 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning receipt
of unanticipated funds:
RESOLUTION NO. 030-1985
RESOLUTION NO. 031-19T5
RESOLUTION NO. 3� 2-19�5
RESOLUTION NO. 03— 3-1985
See Res. Book No. 42 which is incorporated herein by
reference.
11 Board adopted the following Resolution transferring funds.
RESOLUTION N0. 034-1985
See Res. Book No. 42 which is incorporated herein by
reference.
Board adopted the following Resolution of the Board of
County Commissioners of Monroe County, Florida approving the
operation of the Housing Finance Authority of Polk County,
CC 004
Florida within the territorial boundaries of Monroe County
for the purpose of purchasing from lending institutions low -
interest rate mortgage loans to moderate, middle and lesser
income families within Monroe County with the proceeds from
the sale of Housing Finance Authority of Polk County,
Florida Single Family Mortgage Revenue Bonds; and providing
an effective date.
RESOLUTION NO. 035-1985
See Res. Book No. 42 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the
Chairman of the Board of County Commissioners of Monroe
County, Florida to approve and execute a Business Lease by
and between Stephen Salzman, as agent for Sheldon Salzman,
and the Board of County Commissioners of Monroe County,
Florida concerning office space for the Public Defender's
office in Key Largo, Florida.
RESOLUTION NO. 036-1985
See Res. Book No. 42 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the final
payments due as per the Lease Agreement dated January 7,
198 3 between Eden Hannon & Company as Lessor and Monroe
County as Lessee.
RESOLUTION NO. 037-1985
See Res. Book No. 42 which is incorporated herein by
reference.
CLERK OF THE BOARD
Board approved payment of the following Fine and Forfeiture
Expenditures:
FINE & FORFEITURE FUNDS
COURT -APPOINTED ATTORNEYS, William Kuypers, in the
amount of 33 .25.
COURT REPORTER SERVICES Associated Court
Reporters, in the amount of ,043.35; Alan B. Christensen,
in the amount of $45.00; Island Reporting Service, in the
amount of $105.00.
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Keith R.
D'Amato, Ph.D., in the amount of 200. ; Richard Hellmann,
Ph.D., in the amount of $125.00.
COURT INTERPRETERS, Tana de Gamez, in the amount of
$125.00; Stephen E. Moore, in the amount of $25.00.
WITNESS PAYROLL, Witness Fees, in the amount of
$10.00; Payroll, in the amount of $1,435.43.
OTHER EXPENSES, Louis J. Spallone, in the amount of
$100.00.
Board approved the following Warrants:
W A R R A N T S
GENERAL REVENUE FUND, #30676-#30922, in the amount
of $395,349�.
CC 095
GENERAL REVENUE FUND, Marine Bank, Marathon, #50,in
the amount o O,TTj$5.
GENERAL REVENUE FUND, Barnett Bank, #50, in the
amount of 38,7 4.55.
SUPPLEMENT TO THE GENERAL REVENUE FUND, #176, in
the amount o 22,976.2.
FINE & FORFEITURE FUND, #414-#415, in the amount of
$192839814.35.
ROAD & BRIDGE FUND, #332, in the amount of
$51,324.9T—
CROSS KEY WATERWAY, #09, in the amount of $318.32.
AIRPORT OPERATION & MAINTENANCE FUND, #264-#265, in
the amount o 3 9.
TRANSLATOR FUND, #64, in the amount of $9,369.28.
LAW LIBRARY FUND, #140, in the amount of $700.00.
CAPITAL PROJECT FUND, #71 Voided, #72-#73, in the
amount of 94,536.32.
TOURIST DEVELOPMENT COUNCIL, #154, in the amount of
$37,689.30.
CARD SOUND BRIDGE REVENUE FUND, #68, in the amount
of $6,190. 99.
WORKMENS COMPENSATION, #1304 Voided, #1305-#1319,
in the amount of $33,972.89.
MSD TAX DISTRICT, Marine Bank, Marathon, #595, in
the amount of—$87,32,32-7.58.
MSD TAX DISTRICT, Florida First National Bank,
#234, in the amount of 8,366.76.
MSD TAX DISTRICT, Boulevard Bank, #13, in the
amount of—$2,640.58.
MSD TAX DISTRICT, Florida Keys First State Bank,
#13, in the amount of 6,251.07.
1981 IMPROVEMENT BONDS, Interest & Sinking,
#37-#38, in the amount of 30,238.34.
Board approved the following Tourist Development Council
expenditures:
Key West Citizen
$ 59.18
Southern Bell
738.21
Greater Key West Chamber
of Commerce
400.00
Key West Fishing Tournament
(Photos)
312.00
Pitney Bowes
63.00
Casa Marina
2,230.20
Meterologists Promotion
592.81
$ 4,395.40
Board acknowledged the Sheriff's Report of Forfeited
Vehicles/Vessels for the Quarter ending December 31, 1984,
CC 006
pursuant to Florida Statutes 932.704(5).
Board acknowledged the Sheriff's Report of Claims in Excess
of Costs for the Quarter ending December 31, 1984, and a
check in the amount of $779.50.
Board approved the execution of Bond for the following
Public Official: Jefferson H. Knight, member of the Board
of Commissioners of the Lower Florida Keys Hospital
District.
Board approved the Minutes of the following meetings of the
Board: November 30, December 14, December 28, January 2.
Motion carried unanimously.
STAFF REPORTS
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to approve, per staff recommen-
dations, a Permit Application from Richard Pinkenton to
construct a riprap seawall and a concrete dock at Lot 33,
Block 1, Summerland Key Cove 6th Addition, Summerland Key.
Motion carried unanimously.
Discussion was entered into concerning a Permit
Application from David and Audry McCaskill to construct a
riprap seawall and concrete dock at Lot 44, Block 1,
Summerland Key Cove 6th Addition, Summerland Key. Motion
was made by Commissioner Swift and seconded by Commissioner
Stormont to approve the riprap seawall and disapprove the
dock due to there being no principal structure. Motion
carried unanimously. During discussion, the Board asked for
a Workshop to be held March 20th with the Planning
Department concerning accessory uses.
The County Administrator discussed an Animal
Shelter Truck on which a Lease Purchase Agreement had
terminated and which could be purchased for $939.32. Motion
was made by Commissioner Swift and seconded by Commissioner
Fahrer to approve the purchase of the Animal Shelter Truck
at Plantation Key in the amount of $939.32. Motion carried
unanimously.
Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to approve a Maintenance
Agreement for repair of the emergency generators with DCA.
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to create the position of an
Administrative Aide in the office of the County Admini-
strator under Admin. 5 Category, with a salary of $15,000.00
to $19,000.00. Motion carried unanimously.
Commissioner Swift discussed the positions of the
secretaries to the County Commissioners and indicated that
he felt that they should be reclassified to be
Administrative Aides.
Mr. Aguero, Manager of MSD, addressed the Board and
requested authority to purchase two front-end loaders from
Ditchwitch Company in the amount of $32,000.00 each on an
emergency basis. Motion was made by Commissioner Swift and
seconded by Mayor Harvey to approve the request to purchase
two front-end loaders on an emergency basis at $32,000.00
each from Ditchwitch Company, subject to the Manager of the
CC 007
Municipal Service District determining whether or not State
Contracts could be utilized for this purchase. During
discussion, motion was withdrawn. After further discussion,
motion was made by Commissioner Swift and seconded by
Commissioner Freeman to approve the request to purchase two
front-end loaders on an emergency basis at $32,000.00 each
from Ditchwitch Company, subject to the Manager of the
Municipal Service District determining whether or not State
Contracts could be utilized for this purchase, due to the
fact that emergency conditions exist and, in the Manager's
opinion, this type of equipment would best serve the needs
of the District. Roll call vote was taken with the
following results:
Commissioner
Fahrer
No
Commissioner
Freeman
Yes
Commissioner
Stormont
Yes
Commissioner
Swift
Yes
Mayor Harvey
Yes
Motion carried.
LEGAL DEPARTMENT
Motion was made by Commissioner Fahrer and seconded
by Mayor Harvey to approve a Resolution authorizing the
Chairman of the Board of County Commissioners to execute a
Lease Agreement by and between Robert T. Feldman and the
County of Monroe for hangar space at Key West International
Airport. During discussion, motion was made by Commissioner
Freeman and seconded by Commissioner Fahrer to postpone con-
sideration of this matter. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to disapprove a Permit Application
from Richard P. Kerwick for construction of a boat basin,
fill and dock on North Sugarloaf Acres, Section 2, Lot 3,
Block 16, Sugarloaf Key. Roll call vote was unanimous.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to adopt the following Resolution
incorporating a Biological Assessment into the records con-
cerning the Permit Application of Ralph Mielcarek to
stablize his shoreline with a riprap revetment, construct a
wooden dock and dredge a boatslip, with the conditions as
established by the Biologists and deleting the two
paragraphs in the Biologists' reports concerning HRS and
variances on Page 2, IV, and Page 4, and removing the
reference to lights on the dock and pollution abatement from
septic tanks, and requesting that a letter be sent to the
Florida Marine Patrol for their review.
RESOLUTION NO. 038-1985
See Res. Book No. 42 which is incorporated herein by
reference.
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 Commissioner Stormont to approve the Assignment And
CC 008
Addendum To Airport Lease from Fred B. Sellers, Sr. to Conch
Flyer, Inc. with a provision that the food service be
separate from the bar activity. Roll call vote was unani-
mous.
Motion was made by Commissioner Freeman and
seconded by Commissioner Fahrer to deny adoption of an
Ordinance amending Subsection (1) of Section 12-31 of
Chapter 12 of the Code of Ordinances of Monroe County,
Florida by lowering the Occupational License fee charged for
fortune tellers, clairvoyants, etc.; providing for severabi-
lity; providing for repeal of all Ordinances or parts of
Ordinances in conflict with this Ordinance; providing for
inclusion in the Code of Ordinances of Monroe County,
Florida; and providing for an effective date. Roll call
vote was taken with the following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
Yes
Commissioner
Stormont
Yes
Commissioner
Swift
No
Mayor Harvey
No
Motion carried.
The Board briefly discussed the procedures used to
produce a proposed Resolution altering existing Election
Precincts and Districts and creating new Election Precincts
in Monroe County and establishing the boundaries of the
same.
County Attorney Proby discussed his receipt of a
recent Attorney General's Opinion concerning the indem-
nification and defense of a County by the State of Florida
concerning Land Use and Planning actions. Motion was made
by Commissioner Swift and seconded by Mayor Harvey
to adopt the following Resolution requesting the Legislative
Delegation of Monroe County to initiate legislation to
indemnify the County for any legal expenses or liabilities
arising from the Land Planning action now being taken by
the Monroe County Commission; requesting and advising the
Governor, Cabinet and members of both the House and Senate
of the State of Florida to support such proposed legisla-
tion. Roll call vote was unanimous.
RESOLUTION NO. 039-1985
See Res. Book No. 42 which is incorporated herein by
reference.
The County Attorney addressed the Board and indi-
cated that he had requested an Attorney General's Opinion as
to the jurisdiction of furnishing potable water in areas
that could not be served by the Florida Keys Aqueduct
Authority. Mr. Fred Tittle, attorney, addressed the Board
concerning this matter. Motion was made by Commissioner
Swift to word the question so that it would request an
Opinion as to whether the Florida Keys Aqueduct Authority
has exclusive right to provide water in Monroe County.
During discussion, motion was withdrawn. Motion was made by
Commissioner Fahrer and seconded by Commissioner Swift to
leave the request for an Opinion from the Attorney General
as it was written. Roll call vote was taken with the
following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
Yes
Commissioner
Stormont
Yes
Commissioner
Swift
No
Mayor Harvey
Yes
CC_ Q"9
Motion carried.
Taking a Point of Personal Privilege, Commissioner
Swift advised everyone present that there would be a
luncheon at the Faro Blanco in honor of his secretary,
"Mickey" Simmons, who was leaving the area.
present.
The Board recessed for lunch.
The Board reconvened after lunch with everyone
UNFINISHED BUSINESS
Captain James "Red" Best discussed a request from
Porpoise Point Estates, Inc. for a variance to the AICUZ
Zone, and indicated that the Navy had no problem with the
request concerning the residential properties without the
inclusion of the commercial properties. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
approve the request from Porpose Point Estates, Inc. for a
variance to the AICUZ Zone, Zone 2-A (65-70 db) on Tract 8
of Porpoise Point Section 4, as recorded in Plat Book 5,
Page 118, and located in Section 22, Township 67 South,
Range 26 East, Big Coppitt Key, present zoning BU-2 and
RU-4, with the deletion of the BU-2 property. Roll call
vote was taken with the following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
Yes
Commissioner
Stormont
No
'-
Commissioner
Swift
Yes
Mayor Harvey
Yes
Motion carried.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Commissioner Fahrer discussed Key Largo Airport.
Motion was made by Commissioner Fahrer and seconded by Mayor
Harvey requesting the County to intervene in the eviction
proceedings currently underway against Mr. LaLonde con-
cerning the Key Largo Airport and referring this matter to
the County Attorney for a report back by February 8th.
Motion carried unanimously.
UNFINISHED BUSINESS
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to confirm the appointment of the
following members to the Parks and Recreation Board:
Judy Sheppard Appointed by Comm. Swift
Lemond Leigh Appointed by Mayor Harvey
James Anderson Appointed by Comm. Stormont
Joseph L. McGrath Appointed by Comm. Freeman
Bob Ernst Appointed by Comm. Fahrer
Motion carried unanimously.
Commissioner Swift discussed the nomination of Reta
Sawyer to replace May Hill Russell on the Library Board.
The Board unanimously agreed and consented to the appoint-
ment of Reta Sawyer to the Library Board.
The Board discussed the imminent resignation of Bob
CC 010
Dean from the Redevelopment Authority Board since his
appointment to the Board of the Florida Keys Aqueduct
Authority. Mayor Harvey advised the Board that she had
received a verbal resignation from Mr. Dean, who indicated
that he would send her a written resignation right away.
Commissioner Swift discussed the Redevelopment Authority
Board and nominated Alton Weekley to be considered for that
appointment. Mayor Harvey also discussed the appointment
and nominated Colonel Gus Mirzaoff to be considered for the
appointment. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer to postpone the appointment
to the Redevelopment Authority Board until the next meeting.
Roll call vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Motion carried. After discussion,
Commissioner Fahrer and seconded by
reconsider the motion to postpone.
with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Motion failed.
Yes
Yes
Yes
Yes
No
motion was made by
Commissioner Stormont to
Roll call vote was taken
No
No
Yes
No
Yes
REPORT & RECOMMENDATIONS FROM CLERK
The Clerk advised the Board that he would request
the Board of County Commissioners to adopt an appropriate
Ordinance defining their newly agreed upon Bidding arrange-
ments. This matter was referred to the County Administrator
for an appropriate Administrative Order with consultation
with the Clerk.
GENERAL REPORTS
Motion was made by Commissioner Swift and seconded
by Commissioner Stormont to refund 75% of Permit No. C-14885
to Turn Key Builders, Inc. inasmuch as two permits were
issued for the same construction. Motion carried unani-
mously. Motion was then made by Commissioner Swift and
seconded by Commissioner Freeman to establish a policy that
there would be no refunds on any permits without the deduc-
tion of 25% to cover administrative costs unless it was
shown that the refund was a result of fault by the County.
Roll call vote was taken with the following results:
Commissioner Freeman
Yes
Commissioner Stormont
Yes
Commissioner Swift
Yes
Mayor Harvey
No
Motion carried with Commissioner Fahrer not present.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Commissioner Stormont addressed some questions con-
cerning the Garbage Franchise Contracts and the MSD in
general and discussed a possible Workshop on that item.
cc-- - Oil
After discussion, Mayor Harvey added the MSD and Garbage
Franchise Contracts to the Agenda for February 20th. Mayor
Harvey also designated Commissioner Stormont to chair a com-
mittee consisting of Commissioners Stormont and Fahrer to
review the situation with the Municipal Service District.
Commissioner Swift discussed the billing of condominium
parks. This matter was referred to the Workshop.
Commissioner Stormont discussed the permitting pro-
cess of the Card Sound Road project. Mr. Bob Smith, County
Biologist, and Lee Swanson of Post, Buckley, Schuh & Jernigan
also discussed this project. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
proceed with the permitting process on the Card Sound Bridge
Road project to include the change to provide for round
culverts; however, to defer this action until after the
meeting between the Mayor and Dr. DeGrove. Motion carried
unanimously with Commissioner Farher not present.
Commissioner Swift briefly discussed land at the
rear of Hibiscus Park Subdivision.
Bob Harris of Post, Buckley, Schuh & Jernigan
discussed the guardrail at the Card Sound Bridge and indi-
cated that the estimated cost of a concrete rail would be
$48,000.00, and between $30,000.00 and $35,000.00 for a pre-
cast rail. Motion was made by Commissioner Swift and
seconded by Commissioner Freeman to remove the rail and seal
off the area with a notification as to the reason for the
taking of this action. During discussion, motion was
withdrawn. After further discussion, motion was made by
Commissioner Freeman and seconded by Commissioner Stormont
- - to adopt the following Resolution closing the fishing ramp
on Card Sound Bridge; providing for reasons and purposes of
said fishing ramp closings. Roll call vote was unanimous
with Commissioner Fahrer not present.
RESOLUTION NO. 040-1985
See Res. Book No. 42 which is incorporated herein by
reference.
Mr. Harris discussed the letter received from the
Coast Guard concerning the replacement of the fender system
on the Card Sound Bridge at an estimate of $150,000.00 and
$225,000.00 for that work. Mayor Harvey referred this
matter to the County Attorney, the Clerk, Mr. Harris and Mr.
Trevor Coore, Trustee for the Issue.
Commissioner Swift discussed the proposed Agreement
between the City of Key West and Monroe County concerning
Higgs Beach. Motion was made by Commissioner Swift and
seconded by Commissioner Freeman to postpone the approval of
the Agreement until after Commissioner Freeman has met with
his committee concerning the leasing of the restaurant area
on the beach and also the grants which are currently in pro-
cess for the beach. Motion carried unanimously with
Commissioner Fahrer not present.
UNFINISHED BUSINESS
Motion was made by Commissioner Swift and seconded
by Commissioner Stormont to approve a request for authoriza-
tion to advertise a change in the Building Code requiring
Journeymen to meet certain specifications. During
discussion, the second was withdrawn. Motion died for lack
of a second. Motion was made by Commissioner Swift and
seconded by Commissioner Freeman to postpone. Roll call
vote was taken with the following results:
CC- 012
Commissioner Freeman
No
Commissioner Stormont
No
Commissioner Swift
Yes
Mayor Harvey
I
i
No
Motion failed. Motion was then made by Commissioner Swift
and seconded by Commissioner Freeman to table until the.next
meeting. Roll call vote wa's unanimous with Commissioner
Fahrer not present.
REQUEST TO 'ADDRESS THE BOARD
Mayor Mickey Feiner addressed the Board concerning
the request of the Martin Luther Chapel for reconsideration
of the waiver of their Building Permit Fee. Motion was made
by Commissioner Swift and seconded by Commissioner Freeman
not to reconsider the Board's previous action in this
matter. Roll call vote was taken with the following
results:
Commissioner'Freeman Yes
CommissioneriSwift Yes
Mayor Harvey; No
Motion carried with Commissioners Fahrer and Stormont not
present.
GENERAL REPORTS
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to'approve the Application for
Variance to the Flood Hazard Ordinance of Mae Baumgarten to
place a mobile home at the,;same elevation as the surrounding
mobile homes located on Key Largo, within the mobile home
subdivision known as Key Largo Trailer Village. Motion
carried unanimously with Commissioner Fahrer not present.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to;approve the Application for
Variance to the Flood Hazard Ordinance of M. L. Handley to
place a mobile home at the;same elevation as the surrounding
mobile homes located on Key Largo, within the mobile home
subdivision known as Cross Key Waterway Section 2. Motion
carried unanimously with Commissioner Fahrer not present.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to, approve the Application for
Variance to the Flood Hazard Ordinance of Barbara Scouten to
place a mobile home at the'same elevation as the surrounding
mobile homes located on Key Largo, within the mobile home
subdivision known as BlueWaters Section 4. Motion carried
unanimously with Commissioner Fahrer not present.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to; approve the Application for
Variance to the Flood Hazard Ordinance of John W. Seager,
Elizabeth M. Seager and In',ge M. Hofineister to place a mobile
home at the same elevation as the surrounding mobile homes
located on Key Largo, within the mobile home subdivision
known as Lake Surprise Est�ates. Motion carried unanimously
with Commissioner Fahrer n,ot present.
Motion was made bly Commissioner Swift and seconded
by Commissioner Stormont to postpone consideration of the
Application for Variance to the Flood Hazard Ordinance of
Rafael Sanchez to construct a 140 square foot tool storage
shed of detached break -away construction on Plantation key
1
1
CC 013
within the subdivision known as Boatman's Colony. Motion
carried unanimously with Commissioner Fahrer not present.
Charles Mohrbacher addressed the Board concerning
Violations and Building Department employees in the Key
Largo office, and also briefly discussed the position of
Fire Marshal. These matters were referred to the County
Administrator for resolution.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
amending Ordinance No. 1-1973, Article X, as amended,
codified as Section 19-218of the Monroe County Code of
Ordinances and entitled "Alcoholic Beverages" by repealing
and deleting Sections (a),:(b), (c), (d) and (e) thereof,
and substituting thereofor dew and rewritten sections; pro-
viding for a statement of purpose; providing for the
creation of Alcoholic Beverage Use Permits to be issued upon
the authority of the Monroe County Zoning Board after due
notice to affected property owners within five hundred feet
(500') of the applicant's premises and public notice by
publication not less than thirty (30) days prior to public
hearing thereon; providing for Alcoholic Beverage Use Permit
Classifications correspondijng to those Alcoholic Beverage
License Classifications asiheretofore and hereafter adopted
by the State of Florida; providing for standards for the
issuance of such Alcoholic!Beverage Use Permits to be
addressed and considered by, the Zoning Board prior to appro-
val or disapproval at the Piublic Hearing of applications for
such Permit; providing for prohibition of the issuancelof
such Permits except in certain enumerated zoning districts;
providing for transferrabillity of such Permits and aliena-
tion thereof as privileges!running with the land; providing
for issuance of such Permits upon reasonable conditions
deemed necessary by the Zoning Board to protect the health,
safety and welfare of the affected neighboring property,
owners and the public generally; providing for appellate
procedure for aggrieved persons; repealing all Ordinances or
parts of Ordinances in conflict with this Ordinance to�,the
extent of such conflict; pr`,oviding for severability; pro-
viding for inclusion in the Monroe County Code of
Ordinances; and providing for an effective date. Proof of
publication was entered into the records. Motion was made
by Commissioner Swift and sleconded by Mayor Harvey to read
by title only. Motion carried unanimously with Commissioner
Fahrer not present. There!was no public input. Motion was
made by Commissioner Swift and seconded by Commissioner
Freeman to approve the Ordinance including Commissioner
Fahrer's proposed amendments to Section 2 (e) as contaiined
in her letter of January 22, 1985, and including the provi-
sion'for shielding of lights and soundproofing and air-
conditioning where amplification is involved, and .adequate
parking spaces; and also omitting Items (e)(7), and (e)(8).
During further discussion, 'motion was withdrawn. Motion was
made by Commissioner Swift and seconded by Commissioner
Freeman to make the changes! in the Ordinance as discussed
today and continue the Public Hearing until the next meeting
for the adoption of the amended Ordinance. Motion carried
unanimously with Commissioner Fahrer not present.
There being no fur,,'.ther business, the meeting was
adjourned.
J
M