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03/08/1985 RegularCC"0411 1 1 1 Regular Meeting Board of County Commissioners Friday, March 8, 1985 Plantation Key e A regular meeting of the Board of County Commissioners convened on the above date. Present and answering to roll call were,l Commissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormont, Commissioner Ed Swift, and ',Mayor Wilhelmina Harvey. Also present were Danny L. Kolha!ge, Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members o,f the County's Consulting Engineers Firm; members of the Press and Radio; and the general publ'ic. All stood for the;Invocation and Pledge of Allegiance to the Flag. PUBLIC HEARINGS L A Public Hearing was held on a proposed Ordinance amending Article I of Chap4er 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 sr'iall be unlawful to smoke tobacco, tobacco substitutes, and tobacco related products in such No Smoking areas; providing for definitions; providing for 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 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. Mr. Shoemaker, Tom Buckholder and Charles Moh'rbacher addressed the Board con- cerning the Ordinance. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the Ordinance. 10 ORDINANCE NO. 005-1985 See Ord. Book No. 8 which is incorporated herein by reference. 1 Roll call vote was taken with the following results: Commissioner# Commissioners Commissioners Commissioner Mayor Harvey, Motion carried. Fahrer Yes Freeman No Stormont Yes Swift Yes No A Public Hearing as then held on a proposed Ordinance creating a Capital Improvement Study Committee; stating the duties and functions of said Committee; creating the membership of said Committee and setting forth th& terms of the members thereof; pr°oviding for the functions of said Committee and the meeting requirements of the same providing for the location of meetings; providing for the reimburse- ment for travel expenses for attending official meetings i CC 042 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 Fahrer and seconded by Commissioner Swift to read by title only. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to adopt the Ordinance with an amendment providing for a "sunset" provision of one year, and also amending the Ordinance to reflect that the terms of the Committee members will run concurrently with the terms of the Commissioners who appoint them. ORDINANCE NO. 006-1985 See Ord. Book No. 8 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. LEGAL DEPARTMENT Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to adopt the following Resolution extending time to file the Budgets of the Monroe County Sheriff and Clerk of the Circuit Court for Fiscal Year 1985-1986. Motion carried unanimously. RESOLUTION NO. 060-1985 See Res. Book No. 43 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to adopt the following Resolution of the Board of County Commissioners of Monroe County, Florida altering existing Election Precincts and Districts and creating new Election Precincts in Monroe County, Florida and establishing the boundaries of the same. Motion carried unanimously. RESOLUTION NO. 061-1985 See Res. Book No. 43 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the County Attorney to advertise for two Public Hearings on a proposed amended Mobile Home Ordinance. Motion carried unanimously. Mr. Charles Pattison of the Department of Community Affairs addressed the Board concerning the Key Largo Habitat Committee and monies received to fund a study to be done in conjunction with the County's Comprehensive Land Use Plan. Motion was made by Commissioner Swift and seconded by 1 1 1 CC 043 1 1 i I Commissioner Freeman to approve the concept of an Agreement with DCA whereby the Co'unty,would act to pass through the grant funds for the Habitat;Conservation Committee and would work with the consultant and also authorizing the execution of a proposed Contract Agreement. Roll call vote was unani- mous. The Board then discussed the County Commission's schedule. Motion was made by Commissioner Swift and seconded by Commissioner Freeman directing the County Administrator to prepare and maintain a Commission Calendar with a list of scheduled meetings, both Committee and other- wise. Motion carried unanimously. Motion was made byjCommissioner Swift and seconded by Commissioner Freeman to 'approve the following items by unanimous consent: COUNTY ADMINISTRATOR Board approved the admission of Miriam Irene Adams to Bayshore Manor, effective February 4, 1985. Board approved payment in t'he amount of $1,607.50 to Risk Control Associates, Inc. for services rendered from January 4, 1985 through Janivary 25, 1985. r Board approved payments to Post, Buckley, Schuh & Jernigan, Inc. for professional services rendered as follows: Invoice No. One dated October 24, 1�984 in the amount of $2,600.00; Invoice No. Two dated November 19, 1984 in the amount of $2,600.00; and Invoice No.)Thirty dated January 28, 1985 in the amount of $1,995.00. i Board approved the request Ifor authorization for the Mayor to execute the necessary do,cuments regarding the LSP General Revenue Funds Contract and!Grant Application concerning homemaking/personal care services to the County's disabled residents. Y LEGAL DEPARTMENT Board authorized County Attorney to advertise for Public Hearing a proposed Ordinance amending Ordinance No. 1-1973, as amended, codified as Chapter 19 of the Monroe County Code of Ordinances and known as""The Monroe County Zoning Ordinance" by amending Section 19-202(b) of the Monroe County Code to provide for accessory uses in RU-7 Zoning Districts as follows: drug and sundry shops, florists, gift shops, confectionery stores, restaurants, coffee shops, newsstands, personal services and cocktail lounges, stockbrokers, travel agents, accountants and attorneys; pro- viding for severability; providing for repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent oflany such conflict; providing for inclusion of this Ordinance in the Monroe County Code of Ordinances; and providing for an effective date. Board authorized County Attorney to advertise for Public Hearing a proposed Ordinance amending Ordinance No. 1-1973, codified as Chapter 19 of the Monroe County Code of Ordinances and known as "The Monroe County Zoning Ordinance," by the addition of a new section to Article X of said Chapter 19 to be numbered as Section 19.217.9 ands entitled "Pyramid Uses"; providing for the permitting of all uses permitted in the Light Business Districts (BU-1, BU-1-L, BU-1-M and BU-1-0)!as described in Sections 19-216, CC " 044 19-216.19 19-216.2 and 19-216.3 of the Monroe County Code of Ordinances as additional principal uses in the Medium Business Districts (BU-2, BU-2-Q9 BU-2-R, BU-2-S, BU-2-T and BU-2-U) as described in Sections 19-217, 19-217.19 19-217.2, 19-217.3, 19-217.4 and 19-217.5 of the Monroe County Code of Ordinances; 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 severability; providing for inclusion in the Monroe County Code of Ordinances; and providing for an effective date. 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 Gull Air, Inc. and the Board of County Commissioners of Monroe County, Florida in connection with the use of the Key West International Airport. RESOLUTION NO. 062-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor of Monroe County, Florida to execute the attached Memorandum of Understanding between Monroe County and the Monroe County Housing Authority. RESOLUTION NO. 063-1985 See Res. Book No. 43 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 Business Lease by and between The School Board of Monroe County, and Monroe County,, Florida for the purpose of leasing of Rooms 401 and 402 of the premises known as Douglas School in Key West, Monroe County, Florida for use as a facility for conducting the Senior Citizen Feeding Program. RESOLUTION NO. 064-1985 See Res. Book No. 43 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 an Agreement by and between the Board of County Commissioners of Monroe County, Florida and Anita Sallas for the purpose of providing nutrition consultation in the Older Americans Act, Title III-C, Nutrition Program in Monroe County. RESOLUTION NO. 065-1985 See Res. Book No. 43 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 an Agreement by and between Food Service Management Systems of Florida and the Board of County Commissioners of Monroe County, Florida for the purpose of providing meals for senior citizens par- ticipating in the Older Americans Act, Title III-C, Nutrition Program. RESOLUTION NO. 066-1985 See Res. Book No. 43 which is incorporated herein by reference. 1 1 CC 045 Board adopted the following,Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to approve sand execute an Agreement by and between Fishermen's Hospita;;l, Inc. and the Board of County Commissioners of Monroe County, Florida for the purpose of providing meals for Senior 'Citizens participating in the Older Americans Act, Title ;;III-C, Nutrition Program, at -the Marathon, Florida site. RESOLUTION NO. 067-1985 See Res. Book No. 43 which -is incorporated herein by reference. Board adopted the following; Resolution incorporating a Biological Assessment into the records concerning the Permit Application of Henry A. Amo,on for excavation of a boatslip at his property at Lot 16,;B�lock 14, Key Largo Ocean Shores Subdivision, Key Largo, zoned RU-1. RESOLUTIOIN NO. 068-1985 See Res. Book No. 43 which,is incorporated herein by reference. Board adopted the following; Resolutions concerning receipt of unanticipated funds. RESOLUTION NO. 069-1985 RESOLUTION NO. 07�85 RESOLUTION NO. 071-9 5 RESOLUTION NO. 0707—�5 RESOLUTION NO. 07 93 85 RESOLUTION NO. 07�985 RESOLUTION NO. 07�85 RESOLUTION N0. 076-1985 See Res. Book No. 43 which�is incorporated herein by reference. a Board authorized the Chairman of the Board of County Commissioners of Monroe County, Florida to approve and enter into a Memorandum of Understanding between Monroe County and the Monroe County Housing Authority concerning the Rental Rehabilitation Program. Board adopted the following Resolution approving Change Order No. 1 amending the Contract by and between Monroe County, Florida and Monroe Construction Company concerning the Monroe County Jail Expansion Project. RESOLUTION NO. 077-1985 See Res. Book No. 43 which;is incorporated herein by reference. Board adopted the following Resolution instructing the County Attorney to withdra►"v the Motion To Set Aside Stipulation filed in the Circuit Court relative to the Stipulation entered into by and between Monroe County and U. S. Home Corporation in Case No. 83-20330-CA-17-33. RESOLUTION 140. 078-1985 See Res. Book No. 43 which;is incorporated herein by reference. II CLERK OF THE BOARD Board approved payment of the following Fine and Forfeiture Expenditures: CC - 04G- FINE & FORFEITURE FUNDS COURT -APPOINTED ATTORNEYS, Raymond 0. Bodiford, in the amount of 1,775.00; Robert P. Duffy, in the amount of $1,130.00; Larry R. Erskine, in the amount of $1,500.00; Roberta S. Fine, in the amount of $262.50; Robert Kalter, in the amount of $625.00; William Kuypers, in the amount of $150.00; Henry Lee Morgenstern, in the amount of $7,617.53; Alfred K. Frigola, in the amount of $6,089.77. COURT'REPORTER SERVICES, Associated Court Reporters, in the amount of 3, 54.60; Robert Fazio, in the amount of $176.30; Island Reporting Service, in the amount of $55.00. COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard Hellmann, Ph.D., in the amount of 200.00; Alan M. Wagshul, M.D., in the amount of $250.00; Mental Health Care Center, in the amount of $400.00. COURT INTERPRETERS, Be.rlitz School of Language, in the amount of $100.00; Rico R. Duval, in the amount of $45.00; Tana De Gamez, in the amount of $35.00; Washington Gay, in the amount of $50.00; Jerome Grapel, in the amount of $135.00; Stephen E. Moore, in the amount of $25.00; Washington Gay, in the amount of $75.00; Norma R. Scott, in the amount of $330.00. WITNESS PAYROLL, Regular Witness Fees, in the amount of 350.00; Witness Travel, in the amount of $2,491.95. EXPERT WITNESS FEES, William Lupton, in the amount of $490.00. Board approved the following Warrants: W A R R A N T S GENERAL REVENUE FUND, #31422-#32343, in the amount Of $197059265.45. GENERAL REVENUE FUND FRS, Boulevard Bank, #138, in the amount of 11215.35. SUPPLEMENT TO THE GENERAL REVENUE FUND, #178, in the amount of 9,599.97. FINE & FORFEITURE FUND, #417-#420, in the amount of $845,507.28. ROAD & BRIDGE FUND, #336, in the amount of $51,204.52. MSD TAX DISTRICT, Marine Bank, #604-616, in the amount of_�7205,133.08. MONROE COUNTY GROUP INSURANCE FUND, #76-#80, in the amount of 112,033.28. AIRPORT OPERATION & MAINTENANCE FUND, #268-#270, in the amount of 5,994.21. CROSS KEY WATERWAY ESTATE, SPECIAL ROAD DISTRICT, #11, in the amount of 137.08. TRANSLATOR FUND, #66-#67, in the amount of $589000.00. F_' 1 cc . - -047 L 1 MSD TAX DISTRICT, Florida First National Bank-SoutFieast—Tan� 3 , in the amount of $39,474.39. i TOURIST DEVELOPMENT COUNCIL, #156, in the amount of $92,571.44. 1 a LAW LIBRARY FUND, '4142, in the amount of $799.80. i CARD SOUND BRIDGE REVENUE FUND, #71-#72, in the amount of 15,467.21. WORKMENS COMPENSATION, #1339-#1371, in the amount of $33,94 .7� 6. r CAPITAL PROJECTS FUND, #74, in the amount of $6,337.50. 1981 IMPROVEMENT BONDS, #14, in the amount of $213.61. MSD TAX DISTRICT, IOLEDGED FUNDS, #30-#32, in the amount of-�200,060.46. i MONROE COUNTY MONEY MARKET, #344, in the amount of $300,075. 0� a Board approved the following Tourist Development Council expenditures: a Southern Bell $ 19687.52 U. S. Postmaster 924.42 Key West Citizen 20.48 Florida Keys Keyno''ter 78.00 Newman, Blitz & Mc,Connell 186.00 Total: $ 2,896.42** **Distributed As Follows: District I $728.10 District I1 $542.08 District I11 $542.08 District IV i $542.08 District V $542.08, Board approved the following Tourist Development Council expenditures: 4 Pitney -Bowes o $ 63.00** **Distributed As Follows: District I $ 12.60 District II $ 12.60 District III $ 12.60 District IV ; $ 12.60 District V $ 12.60 Board approved the following Tourist Development Council expenditures, subject to invoice approval by the Finance Department: s Newman, Blitz & McConnell $ 63,992.35 Newman, Blitz & McConnell 37,093.67 Keys Advertising & Marketing 2,242.08 Friends of the Monroe Co. Library 19059.94 Key West Citizen 70.15 Florida Keys Keynoter 41.40 Fausto's Food Palace 38.52 Rose Marie Neblett-Travel 579.90 Terry Horton -Travel 226.00 Mark Bostwick -Travel 75.00 Florida Little Major League Assoc. 750.00 Tennessee Williams Fine Arts Ctr. 7,493.09 Heather Berry -Travel 368.50 Joe Hisey-Travel 452.40 Board approved the Minutes of the following meetings of the Board of County Commissioners: January 7th, January 11th, January 23rd, February 8th, and February 15th. GENERAL REPORTS Board approved the request of the Inventory Clerk to adver- tise the following County vehicles for sale: 1953 Dodge Truck Serial No. 80254663 1968 Kaiser Jeep Serial No. 19047 1967 Kaiser Jeep Serial No. 19152 1968 Kaiser Jeep Serial No. 20594 Board adopted the following Resolution regarding the Florida Patient Compensation Fund. RESOLUTION NO. 079-1985 See Res. Book No. 43 which is incorporated herein by reference. STAFF REPORTS Board approved Amendment Number 2 to an Agreement dated January 27, 1984 between the Board of County Commissioners and Post, Buckley, Schuh & Jernigan, Inc. for professional consulting and engineering services in connection with the Marathon Airport Runway Project. Board approved acceptance of the following roads in Hammer Point Park, Key Largo for maintenance by the County: Aberdeen Ct., Bristol Ct., Cromwell Ct., Dexter Ct., and Canterbury Drive. Board approved the request for permission to place out for proposal the Comprehensive Business Insurance Policy. Board approved, per staff recommendations, a Permit Application from Bob Byrd for the placement of boat davits on a subtidal shelf and dock resurfacing at Lot 36, Block 20, Jolly Roger Estates, Little Torch Key. Board approved the request from Joe T. and Migdalia M. Hettler for a variance to the AICUZ Zone, Zone 2-A (65-70db), for Lot 13, Block 7 of Porpoise Point Section 5, as located in Section 22, Township 67 South, Range 26 East. Present zoning, RU-4. Board approved a request to advertise for construction bids on the Marathon Airport Runway and Lighting Project. Board approved a request to re -advertise for bids for Non- exclusive Auto Rental Service at the Marathon and Key West International Airports. Board approved a request to advertise for bids for Taxi/Limousine Service at the Key West International Airport. �1 1 CC 4: i Board authorized the Chairman to execute a Contract between the Board of County Commissioners and the Monroe County Health Department regardingithe provision of nursing ser- vices to qualified individuals within Monroe County. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Board adopted the following'!Resolution reciprocating the extension of friendship and respect established by the City of Largo with Monroe County and especially with the Key Largo area. RESOLUTION NO. 079A-1985 See Res. Book No. 43 which 'is incorporated herein by reference. Board authorized the Legal Department to advertise for Public Hearing a proposed Ordinance amending Section 19-129 of the Monroe County Code of Ordinances - Parking of Trucks, Trailers and Travel Trailers - to provide for change of dimensions and weights; providing for severability; pro- viding that all Ordinances or parts of Ordinances in conflict with this Ordinance are replaced; providing for inclusion in the Monroe County Code of Ordinances; and pro- viding for an effective dat-;e. Motion carried unanimously.,, STAFF REPORTS Charles Aguero discussed a proposed Contract be- tween the Board of County Commissioners and Hazen & Sawyer Consulting Engineers. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to return the Contract to Hazen & Sawyer and ask that a committee consisting of the County Staff, including the County Clerk, re -negotiate the proposed Contract and prepare modifications to said Contract which would reflect the amount of fees for the scope of services as advertised according to the Competitive Negotiations Act, and report back to the Board. Roll call vote was unanimous. 11 Mr. Aguero discussed a need for the MSD to purchase a used crusher in the amount of approximately $30,000.00. Ms. Brenda L. Keeper of B & B Auto discussed the use of such a crusher for white goods.; Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to refer the request back to Mr. Aguero'jor further study and a recommen- dation. Motion carried unanimously. LEGAL DEPARTMENT Commissioner Stormont briefly discussed a requested transfer in the MSD Budget. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to adopt the following Resolution transferring funds. Motion carried unanimously. RESOLUTION NO. 080-1985 See Res. Book No. 43 which -is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Stormont discussed a request for. a waiver of dumping fees by'the Marine Resources Development Foundation, a non=profit organization. Motion was made by CC 050 Commissioner Swift and seconded by Commissioner Freeman to deny the request. 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. STAFF REPORTS Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize Reggie Paros, Emergency Services Coordinator, to advertise a -call for bids to purchase one new ambulance and to remount and refurbish an existing ambulance in District 6, Key Largo Volunteer Ambulance Corps immediately upon the passage of a referendum scheduled for April 9, 1985. 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 REQUEST TO ADDRESS THE BOARD Mr. Bud Post addressed the Board and invited everyone to a dedication ceremony at 12:30 at Harry Harris Park for the purpose of dedicating a plaque in memory of the late Mayor of Monroe County, Harry Harris. Mr. Post also discussed Flood Hazard Ordinance amendments. Charles Pattison of DCA discussed a proposed Flood Hazard Ordinance which he indicated had received District approval from FEMA. The Board requested that the DCA obtain written approval from FEMA for the proposed County Ordinance. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift directing the County to prepare a proposed Ordinance in accordance with the proposed Ordinance developed by DCA and that the County, in conjunction with DCA, would submit the proposed Ordinance to FEMA for preliminary approval. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mr. Frank Greenman, attorney representing the Episcopalian Diocese, addressed the Board concerning the request of the Diocese to construct a church on property on Big Pine Key. He advised the Board that the total parcel owned by the Diocese was 5.0 acres in size and that they were requesting the approval of the County Commission to allow them to apply for a Permit to build a church on .7 of an acre of said parcel without being considered as a major, development and being brought under the Moratorium. After discussion, motion was made by Commissioner Swift and seconded by Mayor Harvey to authorize the County Attorney to advertise amendments to the Moratorium Ordinance which would exempt churches. Roll call vote was unanimous. LEGAL DEPARTMENT County Attorney Proby discussed a proposed Contract I. 1 CC.- 05f 1 Motion carried. to request that Council appear meeting. between the Tourist Development Council and Sandra E. Higgs to serve as Executive Director. Motion was made by Commissioner Freeman to deny the requested Contract. During discussion, motion was withdrawn. Motion was then made by Commissioner Freeman and seconded by Commissioner Swift to table consideration of the Contract until receipt of more information or a more detailed Contract. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner e Swift Yes Mayor Harvey No Motion failed. After discussion, motion was made by Commissioner Fahrer and seconded by Mayor Harvey to approve the Contract amended to provide for the employment for a period of six weeks, at which time a detailed Budget and a new and more specific Contract would be submitted to the Board for approval. Roll call vote was taken with the following results: ti Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey 1. The Board advised the member s;of the at the next Board of The Board The Board sent. Yes No Yes Yes Yes the County Administrator Tourist Development County Commissioners recessed for lunch. ,I reconvened after I REQUEST TO ADDRESS y lunch with everyone pre - THE BOARD Mr. Jerry Parrish,;;Chairman of the Veterans Council of Monroe County, discussed the annual Stand Up For America Parade and the money required for the purchase of insurance coverage. He requested the,)Board to budget for the payment of the purchase of this insurance in their Budget and to reimburse the Veterans Council for funds expended for that purpose. No action was taken upon this request; however, the Board directed Mr. Parrpish to pursue the possibility of funding of the parade expenses through the Tourist Development Council. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS 6 Mr. Henry RosenthaIl discussed representation of the County on the Tourist Development Council Board and he recommended that the next appointment that was available should be made to someone living outside the City limits of the City of Key West. The .Board was also advised of the resignation of Council member Eddie Breeze due to illness. Motion was made by Commissioner Fahrer to appoint Harry; Galloway to fill the unexpired term of Eddie Breeze to ,the Tourist Development Council;,. During discussion, motion was withdrawn. Motion was made;by Commissioner Freeman and seconded by Commissioner Fa;hrer to postpone consideration of CC - b52 this item until the next regular meeting of the Board of County Commissioners. Roll call vote was unanimous. The Board discussed proposals received for non - emergency transfers in the Upper Keys. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to refer the proposals for non -emergency transfers from Mariners Hospital to hospitals in the South Miami area to staff for review and recommendation. Mr. Rob Blesser, the Tavernier Ambulance Chief, addressed the proposals. Ms. Doris Kemp, Key Largo Ambulance Chief, also addressed the proposals. Roll call vote on the motion was unanimous. REQUEST TO ADDRESS THE BOARD Mr. George Kundtz of the Florida Keys Citizens Coalition addressed the Board and read a letter concerning the need to obtain additional information concerning the proposed Comprehensive Land Use Plan and Map. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. Present were Commissioners Fahrer, Freeman, Stormont and Swift, and Mayor Harvey. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney, Kermit Lewin, County Administrator; Dr. Jeffrey Doyle, Director of Planning and Zoning; members of the Press and Radio; and the general public. Mr. Joe Miklas, representing Travis Investments, Inc., addressed the Board concerning the request of Travis Investments, Inc. to reverse the decision of the Monroe County Zoning Board on October 24, 1984, in denying their zoning change from RU-1 and BU-2 to B,U-1 on Lot 8 and Lot' 19, Block 5 of Strattons Subdivision, as recorded in Plat Book 2, Page 38, and located in Section 28, Township 63 South, Range 37 East, Upper Matecumbe. After preliminary discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to continue the Board of Appeals until March 20th. Roll call vote was unanimous. STAFF REPORTS Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve, per staff recommen- dations, a Permit Application from Robert E. and Lydia Holmes to enclose a boat basin at Lot 11, Summerland Estates, Summerland Key, and requiring that the water quality be monitored and a report back in six months and also requiring that if stagnation occurs, that culverts be installed. During discussion, motion was made by Commissioner Swift and seconded by Commissioner Fahrer to postpone. Motion carried unanimously. Commissioner Swift discussed a reclassification of County Commission Secretaries to County Commission Aides. This was referred to the County Administrator for action. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the requests for classifi- cation of the following new positions: Claims Analyst, Personnel Technician, and Draftsman's Aide. Motion carried unanimously. 1 1 1 CC ^ 053 1 1 REPORTS & e RECOMMENDATIONS OF BOARD MEMBERS Mayor Harvey discussed the terms "accept and transmit" in connection with the Board's possible future action to accept and transmit the proposed Comprehensive Land Use Plan and Map. Sh61 indicated that this did not mean in any fashion that the.Cou°nty Commissioners had approved the Plan and Map, which wou"ld take place following receipt of approval from the Department of Community Affairs. Mayor Harvey discussed a change in the schedule for the Comprehensive Land Use Plan and Map. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following new schedule: i March 13 - Special County Commission Meeting on Draft Plan and Map, Chapel, Public Service Building, Stock Island, 9 a.m. to 12 Noon March 13 - Workshop one Economic Impacts by Charles Siemon and or Dr. Jim Nicholas, 7 p.m., Marathon High School Cafetorium March 14 - Workshop on, Economic Impacts by Charles Siemon and/,or Dr. Jim Nicholas, 7 p.m., Sugarloaf Elementary School Cafeteria March 15 - Workshop on Economic Impacts by Charles Siemon and/or Dr. Jim Nicholas, 7 p.m., Coral Shores High School Cafeteria March 18 - Draft Plan iand Map published March 18 - Workshop td present Chapter 2, Land Use Implementation Regulations of Draft Plan and Map, 71'p.m., Plantation Sub -Courthouse March 19 - Workshop to present Chapter 2, Land Use Implementation Regulations of Draft Plan and Map, 71p.m., Sugarloaf Elementary School Cafeteria I March 20 - Workshop to present Chapter 2, Land Use Implementation Regulations of Draft Plan and Map, 7';p.m., Marathon High School Cafetorium° i March 21 - CANCELLED a was to have been Local Planning Agency (LPA) Public Hearing March 22 4 - CANCELLED y was to have been Board of. County Commissioners transmittal of Draft Plan and Map for State and regional review April and May - Series of Workshops on Draft Plan and Map. Future dates, times and places will be announced later. June - Receive comments and objections from State DCA and SFRPC and respond to objections (if any). Dates to be announced later. June thru August - Adopt Planand transmit to DCA. DCA cert- ification and effective date of Plan. Dates to be announced later. CC- 054 Motion carried unanimously. Commissioner Stormont discussed the permitting pro- cess for Card Sound Road. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to proceed with the permit and note on the plans to seek possible State and Federal assistance for the funding of environmental mitiga- tion requirements. Motion carried unanimously. Commissioner Swift discussed the possible acquisi- tion of Safe Harbor Marina from the Federal Government for the purpose of a port facility. Motion was made by Commissioner Swift and seconded by Mayor Harvey to adopt the following Resolution. RESOLUTION NO. 081-1985 See Res. Book No. 43 which is incorporated herein by reference. Commissioner Fahrer discussed the denial of HUD Grants by the Department of Community Affairs and her visit with Dr. DeGrove and discussion on that subject. The County Administrator was directed to write a letter to the Department of Community Affairs'to request technical assistance and also for explanation of the point process. Commissioner Stormont discussed work on developing Roll -back criteria. No action was taken. Mayor Harvey discussed the Lease for the con- cession area at Higgs Beach with Mr. Yale Fleer and the work of the Beach Committee. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to extend the Lease between Monroe County and Mr. Yale Fleer for the con- cession on Higgs Beach to December 31, 1985 and also requesting that each County Commissioner give recommenda- tions concerning the Beach to the County Administrator to be used for the purpose of drafting a new Lease. Motion carried unanimously. Commissioner Fahrer discussed Older American Advisory Board member, Nathalie Trastour. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to amend her term to reflect an expiration date of January 1, 1986. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was 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 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. 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. Mr. Jim Kotay of K-Mart and Mr. Pete Newsome of Publix spoke in favor of the proposed Ordinance. Mr. Alexander Ross also addressed the Board concerning the proposed Ordinance. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the Ordinance. Motion carried unanimously. L 1 1 CC__- .®5� 1 1 ORDINANCE NO. 007-1985 See Ord. Book No. 8 which is incorporates herein by reference. A Public Hearing was held on a proposed Ordinance amending Ordinance Number 1.1973, as amended, codified as Chapter 19 of the Monroe County Code of Ordinances and entitled "The Monroe County;Zoning Ordinance"; providin-g for the amendment of Article X,4Section 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, Sec'tion 19-219 entitled "BU-3 Heavy Business District" by eliminating Class "B" Signs as a per- mitted sign in such Zoning Districts; providing for severa- bility; providing for the repeal of all Ordinances or parts of Ordinances in conflict wiith 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 records. 'Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to read by title only. Mr. Roy Cooper of Legg Outdoor Advertising addressed the Board. Motion was madeby Commissioner Swift and seconded by Commissioner Freeman to continue this Public Hearing until the next meeting. Motion carried unanimously. - A Public Hearing was held on a proposed Ordinance amending Ordinance No. 1-1973, as amended, codified as Article XII of Chapter 19 of the Monroe County Code of Ordinances and entitled "Si,gns"; providing that no permits shall be issued for the erection, construction, installation or alteration of Class "B" §igns 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 19-25,4(b) of the Monroe County Code of Ordinances, in all Zoning DIstricts in the unincorporated areas of Monroe County, Flo"rida; providing for the amendment of building restrictions and size limitations contained in Sections 19-261(a) and (c) land 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 CVass "B" Signs as defined in Section 19-254(b) of the Monroe County Code of Ordinances are hereby deemed to be none -conforming structures as well as non -conforming uses of landand 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 t;he real property upon which said Class "B" Signs exist fail Ito remove said non -conforming structures within the time 'period provided in this Ordinance; providing for severability; providing for the repeal of all Ordinances orIparts of Ordinances in conflict with this Ordinance to thehextent 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 enitered into the records. Motion was made by Commissioner Swjift and seconded by Mayor Harvey to read by title only. Mr.!, Roy Cooper of Legg Outdoor Advertising addressed the Bloard. Mary E. Wulf of the Highway Beautification Committee also addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the County Attorney to advertise an Ordinance to institute a Moratorium on all Class "B" Signs for a period of six months. Motion carried CC 056 with Mayor Harvey voting No. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to continue the Public Hearing to the Marathon meeting sche- duled for April 12th. 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. Motion was then made by Commissioner Swift and seconded by Mayor Harvey to remove the Ordinance from consideration and cancel the remaining scheduled Public Hearings. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer No Freeman Yes Stormont No Swift Yes Yes The Board called for a Highway Beautification Workshop on April 17th at 2:00 p.m. REPORT OF THE COUNTY ADMINISTRATOR Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve payment in the amount of $200.00 to First Title Service Company of the Florida Keys for an Abstract for the Matecumbe Beach Property. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to approve the payment of $124.00 out of the Board's Advertising Fund for the purpose of welcoming banners for Governor Graham. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to approve the Petitions for Admission to A. G. Holley State Hospital for Roosevelt Hill and Charles Werner. Motion carried unanimously. Mayor Harvey appointed Commissioner Freeman to serve as the County's representative on the Canvassing Board for April loth. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to approve the following appointments to the Monroe County Fine Arts Council for a term of one year: Betty Brown-Herlth Raymond B. Rutherford Clayton L. Lopez Motion carried unanimously. Mr. Lewin advised the Board that the estimates for plumbing work in the Old Jail were all well in excess of the money allocated for that purpose. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to refer this matter to the County Administrator for the 1 1 1 CC 057 1 1 1 possible modification of th"e specifications and to consult with the Department of Corrections concerning their approval of any such modifications.' Motion carried unanimously. REPORTS & RECOMMERDATIONS OF BOARD MEMBERS Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to transfer the sum of $30,000.00 to the County's Capital Projects Fund for the purpose of funding (along with other donations) the construction of the Animal Shelter of the Lower Keys. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the payment of $250.00 out of the Board's Advertising Fund for its expenses associated with a reception at the City of Largo by Mayor Harvey. Motion carried unanimously. GENERAL REPORTS Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to authorize the refunds of $75.00 to Fred Tittle and $90.00 to Michael and Jeri Montalto. 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 Swift and seconded by Commissioner Fahrer to approve the Application for Variance to the Flood Hazard Ordinance of Sterling D. Crowe to place a mobile home at the same elevation as existing and surrounding mobile homes located on Little Torch Key, within the mobile home subdivision known as Coral Shores 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 Richard P. Geranian to place a mobile'home at the same elevation as surrounding mobile homes located on Big Coppitt, within the mobile home subdivision known as Geiger Key Mobile Home Subdivision. 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 Jose and Aracelia Herrera to place a mobile home below the 100-year base flood elevation and contiguous to the surrounding mobile homes located on Key Largo, with';in the mobile home subdivision known as Bermuda Shores. 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 Fred Horn to place a mobile home at ground level and contiguous to the surrounding mobile homes which are not elevated to the,base flood elevation located on;Key Largo, within the mobile home subdivision known as Bermuda Shores. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded cc. ®5� by Commissioner Fahrer to approve the Application for Variance to the Flood Hazard Ordinance of Joseph Lombardo to place a mobile home at ground level and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Key Largo, within the mobile home subdivision known as Bermuda Shores. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the Application for Variance to the Flood Hazard Ordinance of Harry Marsh to place a mobile home at ground level and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Little Torch Key, within the mobile home subdivision known as Coral Shores 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 Harry Lunden to place a mobile home at ground level and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Key Largo, within the mobile home subdivision known as Hammer Point Park. Motion carried una- nimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve the Application for Variance to the Flood Hazard Ordinance of Wallace Bruce Freeman to construct a trap building (approximately 2,000 square feet) for storage of supplies and materials on Lots 7, 8 and 9, Block 1, Parrish Subdivision, Fisherman's Point, Key Vaca. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Dorothy S. Hill and Randolph D. Wall of Key Largo Fisheries to construct a freezer (approximately 2,304 square feet) addition to existing Key Largo Fisheries facilities located on Lots 1, 2 and 3, Block 9, Key Largo Beach Addition, Ocean Bay Drive and Ocean Way, Key Largo. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Alan D. McCaskill to construct mini -storage warehouse units on Lots 9, 10, 11, 12 and 13, Block 2, Ramrod Shores, U. S. 1 and Munson Avenue, Ramrod Key. 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. i Motion was made by Commissioner Stormont and seconded by Commissioner Swift to approve the Application for Variance to the Flood Hazard Ordinance of Gary Dean Nichols II to construct a storage building for trap supplies and equipment on property located at Lots 1 and 2, Block 7, Toll Gate Shores, Toll Gate Shores Drive, Lower Matecumbe. Roll call vote was unanimous. 1 1 Cc 059 1 1 1 Motion was made byiCommissioner Fahrer and seconded by Commissioner Swift to approve the Application for Variance to the Flood Hazard Ordinance of Anton J. and Bessie Vesecky to vary the ifloor elevation of buildings on Lots 35 and 36, Block 1, Su�mmerland Key Cove 2nd Addition, Summerland Key; said lots are located at the end of the Summerland Key Cove Airstrip and buildings are desired to be constructed as low as possible so as to reduce potential hazard. Mr. Ed Murray, son; -in-law, addressed the Board. Roll call vote was taken with the following results: Commissioner fahrer Yes Commissioner Stormont Yes Commissioner 'Swift Yes Mayor Harvey No Motion carried with Commissioner Freeman not present. LEGAL. DEPARTMENT Motion was made by,Commissioner Swift and seconded by Commissioner Fahrer to adopt the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Easement by and between Monroe County, Florida and Florida Keys Broadcasting Corporatil,on for the purpose of granting ingress and egress to property located on the Island of Cudjoe Key. ' RESOLUTION NO. 082-1985 See Res. Book No. 43 which --is incorporated herein by reference. County Attorney Pr;oby discussed the progress of the case of Curtis Cooley v. Monroe County and advised the Board that the Court had ruled that the project had indeed received an initial advisory hearing and was to proceed through the major development process. Mr. Proby also dis'cussed a hearing concerning the U. S. Homes suit against the County Commission and three individual County Commissioners. He recommended that the firm of Albury, Morgan & He',ndrick be employed to represent the three individual County,!Commissioners at that hearing. Motion was made by Commissi„oner Fahrer and seconded by Commissioner Swift to employ the firm of Albury, Morgan & Hendrick to represent the three individual County Commissioners in the suit of U. S. Homes v. Monroe County and to appropriate the sum of up to $5,000.00 for that pur- pose. Roll call vote was unanimous. Motion was made by,; Mayor Harvey and seconded by Commissioner Swift to authorize the payment of all future attorneys' fees concerningSthe Translator out of the Translator Fund. Motion carried unanimously. The County Attorney briefly discussed the progress of the Bizjak and Trepas case before the Career Service Council. There being no further business, the meeting was adjourned.