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02/08/1985 RegularCC 014 Regular Meeting Board of County Commissioners Friday, February 8, 1985 Key West 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. Prior to the meeting, Mayor Harvey and the Board recognized and honored Angel Alvarez, a retiring County employee. Mr. Alvarez was presented with a plaque in recognition of his service to Monroe County. Mary Vuglin addressed the Board concerning the County Beach area and indicated that she would donate the necessary landscaping for a part of the beach which was described and reflected on a drawing and plan which she pre- sented to the Commission. Ms. Vuglin's plan and offered donation were taken into consideration and referred to the Public Works Department. 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 rescinding Resolutions No. 339-1984, No. 340-1984, No. 341-1984, No. 342-1984, No. 343-1984, and No. 344-1984. RESOLUTION NO. 041-1985 See Res. Book No. 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 execute a Supplemental Joint Participation Agreement by and between the State of Florida Department of Transportation and Monroe County, Florida regarding Project known as WPI #6726619 - Marathon Airport New Runway Relocation And Seal Coat Apron, Monroe County, Florida. RESOLUTION NO. 042-1985 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 execute a Sign Lease by and between Turtle Kraals, Ltd., a Florida limited partnership, and the County of Monroe, State of Florida. CC �15 RESOLUTION NO. 043-1985 See Res. Book No. 42 which is incorporated herein by reference. Board adopted the following Resolution incorporating a Biological Assessment into the records concerning the appli- cation of Gilles Boucher to enlarge and improve boat mooring facilities at Lots 10 and 11, Key Largo, Section 27, Township 62 South, Range 32 East, Zoned RU-5-P. RESOLUTION NO. 044-1985 See Res. Book No. 42 which is incorporated herein by reference. Board adopted the following Resolutions concerning receipt of unanticipated funds: RESOLUTION NO. 045-1985 RESOLUTION NO. 04�985 RESOLUTION NO. 47- 9—$5 RESOLUTION NO. 048- 9�� See Res. Book No. 42 which is incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 049-1985 See Res. Book No. 42 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Board accepted the resignation of Robert Dean from the Key West Redevelopment Agency. Board approved Mayor Harvey's request to attend the South Florida Health Council Meeting on February 7, 1985. Board approved Mayor Harvey's request to attend the Florida State Fair between February 10 and February 17, 1985. Board approved the following expenditures of the Tourist Development Council: Florida Keys Keynoter $ 3.00 The Reporter 36.00 Keys Advertising & Marketing Secretarial Services 525.60 Keys Advertising & Marketing Trade Show Representation 750.00 Key West Players, Inc. 661.48 Island Jubilee 29711.67 Key West Power Boat Association 12,113.84 Betty Keller - Travel 360.00 Sandra Higgs - Travel 161.00 Keys Advertising & Marketing - Expenses 402.67 Monroe County Fine Arts Council 7,295.03 Red Barn Theatre 110738.93 Newman, Blitz & McConnell - Invoice #1046 22401.34 #1047 7,989.21 #1048 259136.54 #1049 941.20 #1050 15.89 #1051 7,250.00 #1060 11,540.00 CC 016 Keys Advertising & Marketing - Trade Show Expenses 900.00 Rose Marie Neblett 319.76 Pamela Buswell 140.00 We're Glad You're Here Program 1,605.31 Lawsuit - John Bigler, Jr. 915.00 Key West Fishing Tournament - Invoices 1463, 1507, 1528, 1542 1,176.00 Travel Vouchers - TDC Members 999.27 88,088.74 COUNTY ADMINISTRATOR Board approved payment in the amount of $440.00 to Beyer Funeral Home for the Pauper Burial of Baby Courtney Randall Graves and payment in the amount of $387.40 to Martin-Vegue Funeral Home for the Pauper Burial of Infant Girl Roberts. Board approved and authorized the Chairman to execute Amendment No. 1 to the Agreement with Risk Control Associates, Inc., said Amendment extending the Risk Management Consulting Agreement to January 27, 1986. CLERK OF THE BOARD Board approved payment of the following Fine and Forfeiture Expenditures: FINE & FORFEITURE FUNDS COURT -APPOINTED ATTORNEYS, Raymond 0. Bodiford, in the amount of 25.00; Paul E. Watson, in the amount of $1,000.00. COURT REPORTER SERVICES Associated Court Reporters, --in the amount o $30.00; Robert Fazio, in the amount of $209.10; Florida Keys Reporting, in the amount of $49.00; Island Reporting Service, Inc., in the amount of $100.00. COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Monica Druckman, M.D., in the amount of —$350.; Da vi L. Rice, Ph.D., in the amount of $200.00; Merry Sue Haber, Ph.D., in the amount of $150.00; Mental Health Care Center -Lower Keys, in the amount of $400.00; Lloyd Richard Miller, in the amount of $250.00. COURT INTERPRETERS, Tana de Gamez, in the amount of $146.00; Rosibel McQua e, in the amount of $135.00. WITNESS FEES, Expert -Conrad Gerris, in the amount of $75.00; Expert -Guidance Clinic, Middle Keys, in the amount of $50.00. OTHER EXPENSES, State Attorney (copies), in the amount ofT3$.7 oxicology Testing Service, Inc., in the amount of $150.00. Board approved the following Warrants: W A R R A N T S GENERAL REVENUE FUND, #30923-#31421, in the amount of $1,286,122.25. CC-- 01': SUPPLEMENT TO THE GENERAL REVENUE FUND, #177, in the amount of $29,541.20. FINE & FORFEITURE FUND, #416, in the amount of $15,991.1,97- --- ROAD & BRIDGE FUND, #333-#335, in the amount of $144,586.94. MONROE COUNTY GROUP INSURANCE FUND, #74-#75, in the amount of 63,247.47. AIRPORT OPERATION & MAINTENANCE FUND, #266-#267, in the amount o 6,009.70- CROSS KEY WATERWAY ESTATE, SPECIAL ROAD DISTRICT, #10, in the amount of 6 .20. TRANSLATOR FUND, #65, in the amount of $4,596.69. MSD TAX DISTRICT, Florida First National Bank -Southeast Bank, 235, in the amount of $48,782.63. LAW LIBRARY FUND, #141, in the amount of $1,527.01. TOURIST DEVELOPMENT COUNCIL, #155, in the amount of $1,093.50. CARD SOUND BRIDGE REVENUE FUND, #69-#70, in the amount of 52,270.08. 1 WORKMENS COMPENSATION, #1320-#1338, in the amount of $46,35 .664. MSD TAX DISTRICT, Marine Bank, Marathon, #596-#603, in the amount of 239,32 .71. MONROE COUNTY MONEY MARKET, #142, in the amount of $822.50. Board approved the following Tourist Development Council expenditures: Postmaster (Chamber of Commerce) $ 2,000.00 Southern Bell 1 843.10 Total: $-3,8843.10** **Distributed As Follows: District I $768.62 District II $768.62 District III $768.62 District IV $768.62 District V $768.62 Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Article I of Chapter 13 of the Monroe County Code of Ordinances entitled "Offenses And Miscellaneous Provisions" by the addition of a new section to be designated as Section 13-10 of the Monroe County Code of Ordinances; providing for the designation of "No Smoking" areas; providing that it shall be unlawful to smoke tobacco, tobacco substitutes, and tobacco related products in such No Smoking areas; providing for definitions; providing for Cc 018 penalties for violation of this Ordinance; providing for severability; providing for the repeal of Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of any such conflict; providing for the inclusion of this Ordinance in the Monrod County Code of Ordinances; and providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to continue until the next regularly scheduled meeting of the Board. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance creating a Capital Improvement Study Committee; stating the duties and functions of said Committee; creating the mem- bership of said Committee and setting forth the terms of the members thereof; providing for the functions of said Committee and the meeting requirements of the same providing for the location of meeting; providing for the reimbursement for travel expenses for attending official meetings in its official function; requiring the County Administrator and Department Heads to cooperate with the Committee in its activities; providing for severability; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of said conflict; providing for inclusion in the Code of Ordinances of Monroe County, Florida; and providing an effective date. Proof of publica- tion was entered into the records. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to continue until the next Public Hearing. Motion carried unanimously. STAFF REPORTS Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve a Lease at the Truman Annex for office space for the Planning Department in the amount of $435.00 per month. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve a Contract between the Board of County Commissioners and the State of Florida for Library Aid funds in the amount of $53,578.00. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to direct the County Administrator to transfer the titles to the two jeeps listed below that were transferred to the Civil Defense Department by the Federal Government to Mr. Joe Solomon: 1953 Dodge 4x4 Cargo Truck Serial #80047871 1968 Kaiser Jeep 4x4 Cargo Truck Serial #22163 County Administrator Lewin discussed the plumbing for the old jail. He indicated that Mr. Stickney had called for proposals and had received no reply. Motion was made by Commissioner Swift and seconded by Commissioner Freeman authorizing Mr. Stickney to negotiate for plumbing services to be provided in the old jail with at least two contrac- tors. Motion carried unanimously. Motion was made by Commissioner Swift and seconded cc 019 by Commissioner Fahrer to authorize a Public Hearing to be held at 9:00 a.m. on February 2Oth in Key Colony Beach con- cerning the HUD Rental Rehabilitation Application. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Mr. William Westray, representing the Florida Keys Citizens Coalition, addressed the Board concerning the need for a geological study of land in The Keys. No action was taken. STAFF REPORTS Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to approve Administrative Order #1-29 with amendments as described by the Clerk con- cerning record keeping and the notices of public bid opening. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve the request of Upper Key West Plaza, Inc. for a variance to the AICUZ Zone 2-B (65-7Odb), on Tract A, Porpoise Point Section Six, as recorded in Plat Book 5, Page 120, and located in Section 22, Township 67 South, Range 26 East; Big Coppitt Key; pre- sent zoning, BU-1. During discussion, Mr. Mike Wilson, President of the Porpoise Point and Similar Sound Property Owners Association, addressed the Board concerning the pro- posed structure. Mr. Jim Sharp, resident of the area, also discussed the proposed structure. Robert and Lydia Holmes addressed the Board concerning their request. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve the request with the exclusion of any residential use by the applicant, Upper Key West Plaza, Inc. The County Attorney advised that this condition was not lawful. The Mayor ruled the motion out of order. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to postpone. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No Motion failed. Roll call vote on the original motion was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer No Freeman Yes Stormont No Swift Yes Yes Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve the request of Dina Marie Perez for a variance to the AICUZ Zone 3 (75 db), on Lot 9, Block 3, Rockland Hammock, as recorded in Plat Book 3, Page 114, and located In Section 28, Township 67 South, Range 27 East; East Rockland Key; present zoning, RU-1. Motion carried unanimously. CC- - 020 LEGAL DEPARTMENT Motion was made by Commissioner Swift and seconded by Mayor Harvey to take Items G-14 and G-15 out of order. Motion carried unanimously. Harry Knight, County Tax Collector, addressed the Board concerning the selection of the paper for the adver- tisement of the Delinquent Real and Personal Property Tax Rolls. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to accept the recommendation of Mr. Knight in his letter of February 1, 1985 concerning the method of advertisement of the Real and Personal Property Tax Rolls. Motion carried unanimously. Mr. Knight also discussed a list of County -held Certificates that were two years old. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to proceed to advertise for public sale all those County -held Certificates in excess of $200.00 per parcel. Motion carried unanimously with Commissioner Stormont not present. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Freeman introduced Ervin Higgs, County Property Appraiser, and John Dent who addressed the Board concerning a preliminary complaint for a suit versus the State of Florida concerning the School Funding Formula. He also discussed with the Board some studies he had done con- cerning the history of the Monroe County Tax Roll the last ten years. He advised the Board that he would be making a further report to the Board when the complaint was completed and ready for fi 1 ing. Mr. Charles Pattison of the Department of Community Affairs discussed Federal funding available for the Habitat Conservation Plan in the amount of approximately $98,000.00. He advised the Board that the DCA recommended that the County amend its Contract with DCA in order to pass the funds through to the Habitat Committee. The Board discussed a proposed amendment to the Contract with DCA with complete administrative responsibility as well as fiscal respon- siblity for the funds and the final authority concerning the selection of consultants. Motion was made by Commissioner Stormont to prepare an amendment to the Contract between Monroe County and the DCA to authorize the accommodation of the Habitat Funding from DCA to be passed to the Habitat Conservation Committee. During discussion, motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to indicate to the Department of Community Affairs that the County would not participate in the responsibility for the funding of the Committee and ask that the State proceed to do so. Roll call vote was unanimous. OPENING OF BIDS The Clerk advised the Board that he was in possession of four sealed bids for Comprehensive General Liabiity Insurance, Auto Liability Insurance, Auto Physical Damage Insurance and Umbrella Liablity Insurance. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to open the bids. Motion carried unanimously. The Clerk advised the Board that he was in possession of the following bids: CC 021 Hunt Insurance Group, Inc. Automobile Liability: 2324 Centerville Road $109,965.00 Premium; Tallahassee, F1. 32317 Automobile Physical Damage: $32,090.00 Premium Arthur J. Gallagher & Co. Comprehensive General Koger Executive Center Liability: $59,500.00 8355 N. W. 53rd Street Premium; Umbrella Miami, Fl. 33166 Liability: $18,700.00 Premium The Porter -Allen Company 513 Southard -Street Key West, F1. 33040 Adjustco, Inc. 2605 Maitland Center Pkwy. Maitland, F1. 32751 Comprehensive General Liability: $136,406.00 Premium; Automobile Liability: $134,874.00 Premium; Autombile Physical Damage: $28,991.00 Premium Comprehensive General Liability: $70,856.00 Premium; Automobile Liability: $349188.00 Premium; Automobile Physical Damage: $11,670.00 Premium; Umbrella Excess Liability: $11,372.00 Premium. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to refer to staff. Motion carried una- nimously with Commissioner Swift not present. STAFF REPORTS Motion was made by Commissioner Fahrer to deny the Permit Application from Stella Neville, Inc. to land clear 1.6 acres in order to excavate a lake to provide waterfront property for ten lots on Key Largo, Section 29, Township 60, Range 40E. Motion was withdrawn. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to postpone until the next meeting when additional infor- mation would be available. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS The Board discussed the Permit Application from Ernest Huber to construct a riprap seawall on Racoon Key, Lots 4 and 5, Key Haven, 8th Addition. Motion was made by Commissioner Swift and seconded by Mayor Harvey to recon- sider the Board's action concerning the Permit Application from Ernest Huber to construct a riprap seawall on Racoon Key, Lots 4 and 5, Key Haven, 8th Addition. Roll call vote was unanimous. Motion was then made by Commissioner Swift and seconded by Mayor Harvey to approve the Permit Application from Ernest Huber to construct a riprap seawall on Racoon Key, Lots 4 and 5, Key Haven, 8th Addition, without backfill. Roll call vote was unanimous. During discussion, Bob Smith, Monroe County Biologist, discussed the request for permit. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve, with the conditions of the Biologist, the Permit Application from Frank and Edward Toppino for the enlargement of an existing borrow pit on an CC - 022 upland site on Big Coppitt Key, Government Lot 1, Mile Marker 9. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to deny the request from United Methodist Church of Big Pine Key to waive the payment of a $30.00 application fee and a $30.00 clearing permit fee. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman Yes Stormont Yes Swift Yes No Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the Application for Variance to the Flood Hazard Ordinance of Richard J. Paine 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 Sexton Cove Estates. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the Application for Variance to the Flood Hazard Ordinance of Ernest 0. Searles to place a mobile home at the same elevation as the surrounding mobile homes located on Geiger Key, within the mobile home subdivision known as Geiger Key Mobile Home Park. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to disapprove the Application for Variance to the Flood Hazard Ordinance of Rafael Sanchez to construct an approximate 140 square foot tool room under an existing building on Plantation Key, at Lot 4, Block 1, Boatman's Colony. Roll call vote was unanimous. After further discussion, the situation concerning the request of Mr. Sanchez was referred to the County Attorney for investi- gation. Mr. Thomas Dowdell, attorney, addressed the Board concerning the Application for Variance to the Flood Hazard Ordinance of Jamie and Annie Millis. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Jamie and Annie Millis to construct a diesel engine repair facility (marine heavy duty supplies and equipment) on Key Vaca, at Lots 2, 3 and 4, Block 1, of Parrish Subdivision. 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. Mr. Bob Harris of Post, Buckley, Schuh & Jernigan, Inc., addressed the Board concerning the meeting held with the County Attorney, the Clerk, himself and Mr. Joe Wise regarding the Card Sound Bridge and the funding problem CC 023 w�4 being experienced. Mr. Harris advised the Board that addi- tional information was being sought from the Trustee con- cerning the future requirements of the Bond Redemption Account, at which time a decision might be made concerning the amount of funds being forwarded to the Renewal and Replacement Account. He also advised that there were suf- ficient funds on hand in the Renewal and Replacement Account and estimated to be received which would enable them to go ahead with the repair of the fender system on the Card Sound Bridge. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to authorize the Consultants to advertise for bids for the repair of the fender system on the Card Sound Bridge. Roll call vote was unanimous with Commissioner Swift not present. OPENING OF BIDS The Clerk advised the Board that he was in possession of two sealed bids for the Creation Of An Artificial Fishing Reef In Hawk Channel Off Bahia Honda, Florida Keys, Monroe County. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to open the bids. Motion carried unanimously. The Clerk advised the Board that he was in possession of the following bids. Misener Marine Construction, Inc. 5440 West Tyson Avenue Tampa, F1. 33611 Upper Keys Marine Construction, Inc. Post Office Box 18AAA Key Largo, F1. 33037 $56,500.00, in a period not to exceed 60 working days for a 12-barge load estimate; $28,500.00, in a period not to exceed 30 working days for a 6- barge load estimate. $59,000.00, in a period not to exceed 60 working days Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to refer to staff. Roll call vote was unanimous with Commissioners Fahrer and Swift not present. LEGAL DEPARTMENT Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to authorize the County Attorney to advertise for Public Hearing a proposed Ordinance amending Article III, Division 1 of Chapter 6 of the Monroe County Code of Ordinances entitled "Contractors, Subcontractors, Masters, Journeymen, and Maintenance Personnel," Sections 6-56 (Definitions) and 6-67 (Restriction As To Number Of Apprentices) of the Monroe County Code; providing for the redefinition of the term "Journeyman" as set forth in Section 6-56 of the Monroe County Code; providing for the amendment of Section 6-67 of the Monroe County Code by the addition of a new subsection thereunder requiring journeymen to be present on all job sites for which a permit is required, requiring no less than one (1) journeyman for every three (3) apprentices on each job site for which a permit is required and providing for cessation of all work on a job site when no journeyman is present; providing that the requirements of this Ordinance shall not be imposed upon owners of residential property altering or repairing his own property if occupied by the owner and owner -building permitting described in Section 6-69 of the Monroe County Code; providing for severability; providing for the repeal CC. 024 of all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of any such conflict; providing for the inclusion of this Ordinance in the Monroe County Code of Ordinances; and providing for an effective date. Roll call vote was taken with the following results: Commission Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Mayor Harvey No Motion carried with Commissioner Swift not present. Mrs. Marie Landry addressed the Board concerning a proposed Ordinance repealing Ordinance No. 001-1985, etc. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to authorize the County Attorney to advertise for Public Hearing, with more specific language included concerning the loading and off-loading of lobster traps, a proposed Ordinance repealing Ordinance No. 001-1985; providing for the prohibition of all activities enumerated in Subsection "B" of Section 19-154 of the Code of Ordinances of Monroe County, Florida; providing for severability; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of said conflict; and providing an effective date. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion failed. Motion was made by Mayor Harvey and seconded by Commissioner Swift to reconsider the Board's previous action. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to authorize the County Attorney to advertise for Public Hearing, with more specific language included concerning the loading and off-loading of lobster traps, a proposed Ordinance repealing Ordinance No. 001-1985; providing for the prohibition of all activities enumerated in Subsection "B" of Section 19-154 of the Code of Ordinances of Monroe County, Florida; providing for severability; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of said conflict; and providing an effective date. During discussion, motion was made by Commissioner Swift and seconded by Commissioner Fahrer to postpone this matter until after lunch. Motion carried una- nimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the request of the Legal Department to accept the settlement offer in Trauss Carter vs. Monroe County in accordance with the recommendations of Martin B. Sachs of the Florida Keys Claims Service. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Lease Agreement by and between Robert T. Feldman and the County of Monroe, State of Florida, with the removal of the language in the Lease authorizing subleasing of the property. Motion carried unanimously. CC 025 RESOLUTION NO. 050-1985 See Res. Book No. 42 which is incorporated herein by reference. Al Damron of the Concerned Taxpayers League addressed the Board concerning the request for a Special Referendum for District 1-D (Big Pine). Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt a Resolution requesting the Supervisor of Elections to call a Special Referendum on April 9, 1985 in Monroe County, Florida for Municipal Service Taxing Districts numbered 1-C, 1-D, 3, 4-B, and 6. Motion failed. After further discussion, motion was made by Commissioner Swift and seconded by Mayor Harvey to reconsider the Board's previous action. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the following Resolution requesting the Supervisor of Elections to call a Special Referendum on April 9, 1985 in Monroe County, Florida for Municipal Service Taxing Districts numbered 1-C, 3, 4-B and 6. RESOLUTION NO. 051-1985 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 No Stormont Yes Swift Yes Yes The Board recessed for lunch. DISTRICT 2 BOARD OF GOVERNORS A special meeting of the Board of Governors, District 2, convened. Present and answering to roll call were Mayor Samuel Feiner, Commissioner William Freeman, Commissioner Ian Wright, and Mayor Pro Tem Alison Fahrer. Also present were Danny L. Kolhage, Clerk; Kermit Lewin, County Administrator, Lucien Proby, County Attorney; members of the Press and Radio; and the general public. Motion was made by Mayor Feiner and seconded by Commissioner Wright to adopt the following Resolution requesting the Supervisor of Elections to call a Special Referendum on April 9, 1985 in Monroe County, Florida for Municipal Service Taxing District No. 2, with the provision that the Referendum item would read "25¢ and not to exceed 309." RESOLUTION NO. 052-1985 See Res. Book No. 42 which is incorporated herein by reference. Roll call vote was taken with the following results: CC 026 Mayor Feiner Yes Commissioner Freeman No Commissioner Wright Yes Mayor Pro Tem Fahrer Yes Motion carried. There being no further business, the meeting of the District 2 Board of Governors adjourned. The meeting of the Board of County Commissioners reconvened. REQUEST TO ADDRESS THE BOARD Mr. Steve McDaniels, Executive Director of the Redevelopment Authority, addressed the Board concerning the progress of the Redevelopment Plan of the Truman Annex pro- perty. Mr. John Dent, attorney for the Developer for that project, also addressed the Board. Mayor Harvey then called a Special Meeting of the Board of County Commissioners for February 28th at 1:30 p.m. at the office of the Redevelopment Authority. Dr. David Rice addressed the Board concerning the Community Services Block Grant Application. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to adopt the following Resolution authorizing the Mayor to execute and the County Administrator to submit an applica- tion for $6,483.00 in Community Service Block Grant Funds to provide medical services to low income persons. RESOLUTION NO. 053-1985 See Res. Book No. 2 which is incorporated herein by reference. Roll call vote was unanimous with Mayor Harvey not present. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to accept the following vehicle from the Sheriff's inventory to the inventory of the Board of County Commissioners: 1981 Plymouth 4-Door, Serial Number 3BR27N7BA126848. Motion carried unanimously with Mayor Harvey not present. Discussion ensued concerning the possible transfer of this unit to the Guidance Clinic to be used for Baker Act transportation. This matter was deferred until the next meeting. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Freeman discussed the Translator Tower and asked for an update of the progress on the Key West Translator Tower. Commissioner Swift discussed the microphones and indicated that those in the Key West Courtroom were not as good as the ones in the other Courtrooms in The Keys and asked that this matter be referred to the Public Works Director. No further action was taken. STAFF REPORTS The Board entered into the interviewing of con- sultants under the Competitive Negotiations Act for a CC 02'7 Management Study of the Municipal Service District. The following firms made presentations to the Board: Burns and McDonnell Engineers Hazen and Sawyer Engineers Henningson, Durham & Richardson Housel & Associates, Inc. Post, Buckley, Schuh & Jernigan, Inc. The Board then proceeded to rank the firms in order of priority in accordance with the provisions of the Competitive Negotiations Act. The Board agreed that the highest number would be used to signify their first choice. Following the balloting, the results in points were reported to be: Hazen and Sawyer Engineers - 18 points Post, Buckley, Schuh & Jernigan, Inc. - 18 points Henningson, Durham & Richardson - 17 points Burns and McDonnell Engineers - 11 points Housel & Associates, Inc. - 11 points The Board then proceeded to re -rank the two firms tied for first place. Results were as follows: Hazen and Sawyer Engineers - 8 points Post, Buckley, Schuh & Jernigan, Inc. - 7 points The Board then proceeded to re -rank the two firms tied for fourth place. Results were as follows: Burns and McDonnell Engineers Housel & Associates, Inc. 7 points 8 points The Board then authorized the staff to proceed to negotiate with the firm of Hazen and Sawyer Engineers for a contract for management services for MSD. PUBLIC HEARINGS A Public Hearing was then held on a proposed Ordinance amending Ordinance No. 1-1973, Article X, as amended, codified as Section 19-218 of the Monroe County Code of ordinances and entitled "Alcoholic Beverages," etc. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the following Ordinance amending Ordinance No. 1-1973, Article X, as amended, codified as Section 19-218 of the Monroe County Code of Ordinances and entitled "Alcoholic Beverages" by repealing and deleting Sections (a), (b), (c), (d) and (e) thereof, and substituting therefor new and rewritten sections; providing 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 (5001) of the applicant's premises and public notice by publication not less than than (30) days prior to Public Hearing thereon; providing for Alcoholic Beverage Use Permit classifications corresponding to those Alcoholic Beverage License classifications as heretofore 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 Public Hearing of applications for CC 028 such Permit; providing for prohibition of the issuance of such Permits except in certain enumerated Zoning Districts; providing for transferability of such Permits and alienation 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; providing for severability; providing for inclusion in the Monroe County Code of Ordinances; and pro- viding for an effective date. Roll call vote was unanimous with Commissioner Swift not present. ORDINANCE NO. 004-1985 See Ord. Book No. 8 which is 1ncorporate3 herein by reference. A Public Hearing was then held on a proposed Ordinance amending Ordinance No. 029-1984; providing for an exemption to the Moratorium as extended by Ordinance No. 029-1984 in excluding shopping centers (BU-2-Q); providing for severability; providing for repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; pro- viding for inclusion in the Code of Ordinances of Monroe County, Florida; and providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. David Horan, attorney representing Mr. and Mrs. Al Fried, addressed the Board concerning the proposed Ordinance. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to continue until the next regularly scheduled Public Hearing. Roll call vote was unanimous. A Public Hearing was then held on a proposed Ordinance amending Ordinance No. 1-1973, as amended, codified as Chapter 19 of the Monroe County Code of Ordinances and entitled "The Monroe County Zoning Ordinance"; providing for the amendment of Article X, Section 19-217 entitled "BU-2 Medium Business District" by eliminating Class "B" signs as a permitted sign in such Zoning Districts; providing for the amendment of Article X, Section 19-219 entitled "BU-3 Heavy Business District" by eliminating Class "B" signs as a permitted sign in such Zoning Districts; providing for severability; providing for the 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 providing for an effective date. Proof of publication was entered into the records. Motion was made by Mayor Harvey and seconded by Commissioner Swift to read by title only. Motion carried unanimously. Charles C. Papy, III, attorney representing E. T. Lake and Oak Advertising, addressed the Board and opposed the adoption of the Ordinance. Ms. St. Croix of the Highway Beautification Committee addressed the Board and supported the Ordinance. Mr. Frank Romano, business man and Vice Chairman of the Tourist Development Council, addressed the Board opposing the Ordinance. Mr. Jack Brennan, busi- ness man, also address the Board opposing the Ordinance. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to continue until the next regularly scheduled Public Hearing. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance CC 029 amending Ordinance No. 1-1973, as amended, codified as Article XII of Chapter 19 of the Monroe County Code of Ordinances and entitled "Signs"; providing that no permits shall be issued for the erection, construction, installation or alteration of Class "B" signs in the unincorporated areas of Monroe County, Florida after the effective date of this Ordinance; providing for the prohibition of Class "B" signs, as defined in Section 19-25(b) of the Monroe County Code of Ordinances, in all Zoning Districts in the unincorporated areas of Monroe County, Florida; providing for the amendment of building restrictions and size limitations contained on Sections 19-261(a) and (c) and 19-263(c) and (d) of the Monroe County Code to the extent said sections regulate the size and locational requirements of Class "B" signs; pro- viding that all existing Class "B" signs, as defined in Section 19-254(b) of the Monroe County Code of Ordinances, are hereby deemed to be non -conforming structures as well as non -conforming uses of land and providing that all Class "B" signs shall be removed by the owners thereof or the owner - lessor of the real property upon which said Class "B" signs exist within no less than five (5) years of the effective date of this Ordinance; providing for remedies in favor of Monroe County, Florida in the event owners of said Class "B" signs or owner -lessors of the real property upon which said Class "B" signs exist fail to remove said non -conforming structures within the time period provided in this Ordinance; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of any such conflict; pro- viding for inclusion of this Ordinance 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 seconded by Commissioner Fahrer to read by title only. Motion carried unanimously. Charles C. Papy, III, attorney, re -introduced the same argu- ment as in the preceding Public Hearing to this proposed Ordinance. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to continue until the next regularly scheduled Public Hearing. Motion carried unani- mously. AWARDING OF BIDS Ms. Donna Perez, representing the Insurance Consultatnt of the Board of County Commissioners, reported back to the Board on the Insurance Bids and recommended that the Board award the bids to Adjustco, Inc. in all cate- gories. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to award the Insurance Bids to Adjustco, Inc. as follows: Comprehensive General $70,856.00 Liability Premium Automobile Liability $34,188.00 Premium Automobile Physical Damage $11,670.00 Premium Umbrella Excess Liability $11,372.00 Premium Motion carried unanimously. CC 030 LEGAL DEPARTMENT The Board discussed the new proposed Ordinance repealing Ordinance No. 001-1985; providing for the prohibi- tion of all activities enumerated in Subsection "B" of Section 19-154 of the Code of Ordinances of Monroe County, Florida; providing for severability; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of said conflict; and providing an effective date. The Board talked about the language con- cerning off-loading. Mr. Bill Moore, of O.F.F., Big Pine Key, addressed the Board and opposed the language concerning loading and off-loading. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to authorize the advertisement of the proposed Ordinance without reference to loading and off-loading. Roll call vote was unanimous. Ms. Marie Landry addressed the Board concerning this matter. Motion was made by Commissioner Swift and seconded by Mayor Harvey to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to approve and exe- cute Addendum No. 6 to the August 5, 1983 Basic Services Agreement by and between Post, Buckley, Schuh & Jernigan, Inc. and the Board of County Commissioners of Monroe County, Florida. Motion carried unanimously. RESOLUTION NO. O53A-1985 See Res. Book No. 42 which is incorporated herein by reference. County Attorney Proby discussed an Attorney General's Opinion he recently received concerning the Florida Keys Aqueduct Authority. After discussion, motion was made by Commissioner Fahrer and seconded by Mayor Harvey directing the County Attorney to work with the Florida Keys Aqueduct Authority in a joint request from both governmental bodies for an Attorney General's Opinion on the matters discussed. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to refer a request for a change in the Marathon Airport approach zone to the Zoning Board for review. Motion carried unanimously. GENERAL REPORTS Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to authorize a refund of $56.25 to David E. Luger for money paid for a General Contractor Class II examination inasmuch as the test for Mr Luger was cancelled since he will be moving out of Monroe County and not be here at the time of testing. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mayor Harvey discussed the recent action of the City Commission concerning the USO Building. This matter was referred to the County Attorney with the request that he contact all County Commissioners for the purpose of attending the next regularly scheduled City Commission Meeting to discuss this matter. Mayor Harvey discussed the request she had received from Key West Helpline Inc. for County funding. Motion was made by Commissioner Fahrer and seconded by Commissioner CC 031 Freeman to decline the request for funding in the amount of $4,000.00 by Key West Helpline, Inc. Motion carried unani- mously. Mayor Harvey briefly discussed the visit of Governor Graham and Dr. John DeGrove to her office and indi- cated that they had guaranteed that there would not be any taking of property in Monroe County without compensation. Commissioner Swift discussed a letter received from Mr. Charles Siemon relative to the illness of Dr. James Nicholas, who was to present the results of an Economic Impact Study of the proposed Land Use Plan. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the following revised schedule for adoption of the Plan due to the illness of Dr. Nicholas: March 13 Upper Keys Workshop On Economic Impact March 14 Middle Keys Workshop On Economic Impact March 15 Lower Keys Workshop On Economic Impact March 18 Draft Plan Published March 18 Upper Keys Workshop To Present Draft Plan March 19 Middle Keys Workshop To Present Draft Plan March 20 Lower Keys Workshop To Present Draft Plan March 21 Local Planning Agency (LPA) Public Hearing March 22 Board Of County Commissioners Transmits Draft Plan For State And Regional Review March 25 Public Workshops And Hearings On Draft Plan May 27 Receive Comments And Objections From DCA And SFRPC June 3 Respond To Objections (if any) June 7 Adopt Plan And Transmit To DCA June 7 - August 9 DCA Certification June 7 - August 9 Effective Date Of Plan The Board then discussed the meeting scheduled for February 15th to receive Dr. Nicholas' report and indicated that they would go ahead with the meeting for the purpose of receiving public input only. Commissioner Swift discussed the planned travel to Tallahassee by Charles Siemon to talk with Dr. DeGrove con- cerning the Principles Guiding Development as they affect the proposed Land Use Plan. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to adopt the following Resolution in connection therewith. CC 032 RESOLUTION NO. 054-1985 See Res. Book No. 42 which is incorporated herein by reference. 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. Commissioner Swift discussed the position of Acting County Administrator. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to appoint Edward Stickney as Acting Assistant County Administrator. During discussion, a substitute motion was made by Commisisoner Fahrer to create the position of Acting County Administrator and appoint Mr. Stickney to serve in the absence of the County Administrator. During discussion, motion was withdrawn. Roll call vote on the original motion was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Commissioner Fahrer discussed personnel management as it relates to the Municipal Service District. Mr. Charles Aguero also discussed some problems experienced by the MSD concerning the selection of employees. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to reaffirm the fact that the employees of the Municipal Service District will fall under and be guided by the Personnel Policies and Procedures of the Board of County Commissioners. Motion carried unanimously. Commissioner Fahrer discussed a report on pending major developments. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to direct the County Administrator to advise the Director of Planning and Zoning that all major developments which have lapsed be brought to Public Hearing for roll -back pursuant to Section 6-238(E) of the Monroe County Code. Motion carried unani- mously. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to authorize the use of Harry Harris Park by the Boy Scouts on March 22nd, March 23rd and March 24th. Motion carried unanimously. Mayor Harvey discussed the resignation of Dr. Hammer for the preparation of an Economic Study of the pro- posed Land Use Plan for the Board of County Commissioners. Motion was made by Commissioner Swift and seconded by Commissioner Freeman directing the County Administrator to interview the two remaining applicants for the Economic Study of the proposed Land Use Plan to replace Dr. Hammer. Motion carried unanimously. Mayor Harvey discussed a letter received from the CC %33 City of Largo. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer that the Board of County Commissioners would join with the City of Largo on February 28th for a celebration of the two areas. During discussion, the motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the Mayor to represent Monroe County and Key Largo at the City of Largo on February 28th. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve travel for the Mayor to the NACO Legislative Conference on March 2nd through March 5th in Washington, D.C. Motion carried unanimously. Mayor Harvey discussed the Save Our Coast Program and the position of the Matecumbe Beach property on the Priority List. No action was taken. UNFINISHED BUSINESS Motion was made by Mayor Harvey and seconded by Commissioner Freeman to approve the appointment of Col. Gus Mirzaoff to the Redevelopment Agency Board in place of Robert Dean. Motion carried unanimously. REPORT & RECOMMENDATIONS FROM CLERK Motion was made by Commissioner Swift and seconded by Mayor Harvey to approve the Bond of Charles P. Curry to the Board of the Lower Florida Keys Hospital District. Motion carried unanimously. •�� IIThere being no further business, the meeting was adjourned.