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06/07/1985 RegularRegular Meeting Board of County Commissioners Friday, June 7, 1985 Marathon i 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 Rosalie Simmons, Deputy Clerk; Kermit Lewin, County Administrator; Lucien Proby, County Attorney; County staff; members of the Count,y'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. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to approve the following items by unanimous consent: STAFF REPORTS Board approved an amended Contract between Bayshore Manor and Pedro Diaz and authorized the Mayor to execute same. Board approved, per staff recommendations and conditions, a Permit Application from Caradel Ventures for Seawall and Fill at Lot 6, Port Antigua, Lower Matecumbe Key, in Section 20, Township 64, Range 36, zoned RU-1M. Board approved, per staff recommendations and conditions, a Permit Application from Robert Larrowe,.Jr. for a Seawall and Fill at Lot 253, Port Antigua, Lower Matecumbe Key, in Section 20, Rownship 64S, Range 36E, zoned RU-1-M. Board approved the Application for Variance to the Flood Hazard Ordinance of John A. Dilio to place a mobile home below the 100-year flood elevation and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on -Key Largo, within the mobile home subdivision known as Hammer Point Park. Board approved the Application for Variance to the Flood Hazard Ordinance of Four Star Builders, Inc. to construct storage warehouses to be placed below the 100-year flood elevation, at 6' elevation, located on Big Pine Key, in the subdivision known as Tropical Island Ranchetts. Board approved the Application for Variance to the Flood Hazard Ordinance of Land/Sea Wagon, Incorporated for a heavy construction warehouse to be placed below the 100-year flood elevation, 9' elevation, located on Key Vaca, in part of Section 6, Township 66S, Range 33E. Board approved the Application for Variance to the Flood Hazard Ordinance of Pinewood Materials Corporation to construct a scale house, 14 x 20, to be placed below the 100-year flood elevation, at 7' above M.S.L., located on Rockland Key, on a portion of Government Lot 6, U.S. 1, M.M. 9. Board approved the refund ;of $37.50 to Manuel Dominguez inasmuch as he was denied the right to particpate in the DD _. 002 Monroe County Master Electrician examination since he did not show the required years of experience. Board approved the refund of $56.25 to David E. Luger inasmuch as he wa unable to participate in the Monroe County General Contractor Class II examination since he was moving from the area. Board approved the total payment of $900.00 to Lopez Funeral Home for the Pauper Burials of Unidentified White Male #1 and Unidentified White Male #2 found dead March 15, 1985 ($450.00 each). LEGAL DEPARTMENT Board authorized the Legal Department to advertise for Public Hearing a proposed Ordinance amending Article VI of Chapter 19 of the Monroe County Code of Ordinances providing for warehouses and self-service storage facilities; pro- viding 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 Monroe County Code of Ordinances; and providing for an effective date. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Amendment to Agreement by and between the State of Florida Department of Natural Resources and Monroe County, Florida for Boating Improvement Fund Project known as Maratho-n Park Boating Facilities, FBIP Project Number B84070. RESOLUTION NO. 171-1985 See Res. Book No. 44 which is incorporated herein by reference. Board adopted the following Resolution concerning receipt of unanticipated funds. RESOLUTION NO. 172-1985 See Res. Book No. 44 which is incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 173-1985 See Res. Book No. 44 which is incorporated herein by reference. CLERK OF THE BOARD Board approved payment of the following Fine and Forfeiture Expenditures: FINE & FORFEITURE FUNDS COURT -APPOINTED ATTORNEYS, Raymond 0. Bodiford, in the amount of 125.00; Larry R. Erskine, in the amount of $19092.50; E. Baxter Lemmond, in the amount of $127.50; John P. Rotolo, in the amount of $212.50. COURT REPORTER'SERVICES, Associated Court Reporters, in the amount of 2 9.50; Sandra S. Bazo, in the amount of $33.60; Certified Reporting Service, Inc., in the amount of $35.00; Robert C. Fazio, in the amount of $37.80; Florida Keys Reporting, in the amount of $872.90; Island Reporting Service, Inc., in the amount of $124.60. 1 DD 003 1 1 1 1 COURT INTERPRETER SERVICES, Washington Gay, in the amount of 45.00. COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Sanford Jacobson, M.D., in the amount of 25.00; Ronald Alan Shellow, M.D., in the amount of $125.00; Mental Health Care Center, Lower Keys, Inc., in the amount of $200.00. WITNESS PAYROLL, Regular Witness Fees, in the amount of 85.00; Auto Allowance and Travel, in the amount of $172.82. Board approved the following Warrants: W A R R A N T S GENERAL REVENUE FUND, #35728-#36314, in the amount of $848,209.17. GENERAL REVENUE FUND, Barnett Bank/Isl, #53, in the amount of 23,162.67. GENERAL REVENUE FOND,'Marine Bank, #53, in the amount of 23,162.67. FINE & FORFEITURE TUND, #436-#536, in the amount of $629,623.07. CAPITAL PROJECTS FUND, Construction, #85, in the amount of 65,000.00. AIRPORT OPERATION & MAINTENANCE FUND, #299-#300, in the amount of $565.11. i TOURIST DEVELOPMENT COUNCIL, #173, in the amount of $1,000.00. CARD SOUND BRIDGE REVENUE FUND, #84-#85, in the amount of 54,945.93. MSD TAX DISTRICT,jFlorida First National/Key West, #248, in the amount of 51;,111.84. MSD TAX DISTRICT,,Boulevard Bank/Summerland, #17, in the amount of 1,069.651 MSD TAX DISTRICT,; Florida Keys First State Bank, #17, in the amount of 3,411.68. WORKMENS COMPENSATION, #1456-#1467, in the amount of $3,072.31. MONROE COUNTY GROUP INSURANCE FUND, #86, in the amount of13.73. Board approved the following Tourist Development Council expenditures: ,I U. S. Postmaster (Postage - Chamber) $111000.00** **District I District II District III District IV District V $ 550.00 50.00 130.00 140.00 130.00 Board approved Tourist Development Council expenditures in the amount of $7,209.57, subject to invoice approval by the Finance Department. Board approved Minutes of the Board of County Commissioners for meetings of May 9th, May loth, May 15th and May 16th. Board approved Tourist Development Council expenditures in the amount of $11,508.99, subject to invoice approval by the Finance Department. Board approved the execution of an engagement letter with Kemp & Rosasco for consulting services regarding the pro- posed retirement of 1965 Certificates of Indebtedness. Motion carried unanimously with Commissioner Swift not pre- sent. AWARDING OF BIDS The Deputy Clerk advised the Board that she was in possession of sealed bid packages regarding the Remount, Refurbishment And Modification of a Type III Ambulance for MSTD #3 from Aero Products Corporation and E. V. F., Inc., both of which were received after the time of opening for bids. After a ruling from the County Attorney that both bids were defective, motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to direct the Deputy Clerk to return both bids unopened. Motion carried unani- mously with Commissioner Swift not present. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to authorize the readvertisement of bids for this item. Motion carried unanimously with Commissioner Swift not present. PRESENTATIONS The Board made a presentation of a plaque and com- mendation to Orlando Roche on his retirement after twenty- one years of service to Monroe County. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Sheriff Freeman addressed the Board concerning the plans for the new building on the USO property. After lengthy discussion, motion was made by Commissioner Swift and seconded by Commissioner Fahrer to allow the County Administrator to negotiate with the Sheriff, the State Attorney, the Supervisor of Elections, and the Architect and Engineers regarding necessary space, etc. and report back to the Board at the June 21st meeting. Motion carried unani- mously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman that the Sheriff be included as a part of the design phase in the development of the new building in which the Sheriff's space will be included. Motion was made by Mayor Harvey and seconded by Commissioner Swift to amend the previous motion to state that the Sheriff also be included in the building phase. Roll call vote on the amendment was taken with the following results: Commissioner Fahrer No Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey Yes Motion carried. Roll call vote on the original motion was ® DD S 1 1 1 unanimous. Motion was madelby Commissioner Freeman and seconded by Commissioner Fahrer that the new building be designated for the Sheriff only. Roll call vote was taken with the following results:; Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No Motion failed. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman that, insofar as possible, the Sheriff's needs be met first in the new building. Roll call vote was taken with the following results: Commissioner ,Fahrer Yes Commissioner Freeman Yes Commissioner IStormont Yes Commissioner !Swift Yes Mayor Harvey No Motion carried. COUNTY ADMINISTRATOR'S REPORT Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to approve payment .in the amount of $436.50 to Albury, Morgan and Hendrick for their representation of Alison Fahrer, John Stormont and Mary Lin Johnson in Hood v. Monroe County. Motion carried unani- mously with Commissioner Swift not present. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to lease an automobile to Dr. Rice for M.A.R.C. Motion carried unanimously with Commissioner Swift not present. i Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to authorize $2,400.00 from Contingency for the first phase of a study regarding com- puterization of the Building -Planning -Administrative Offices and confirm in the following year's Budget the additional funds required to complete, this survey. Motion carried una- nimously with Commissioner; Swift not present. Motion was made b,,y Commissioner Fahrer and seconded by Commissioner Freeman that the $6,607.00 check received from Florida D.O.T. be used for the purchase of acceptable plants in the Key Largo area. County Administrator Lewin was requested to direct Janet Bunche to keep the Board informed at each meeting regarding the status of this matter. Roll call vote was unanimous with Commissioner Swift not present. Motion was made ey Commissioner Fahrer and seconded by Commissioner Freeman authorizing the County Administrator to proceed with having engineers make a survey to determine the extent of damages at West Martello Towers. Motion carried unanimously. The County Administrator advised the Board that he had received notice from Hartford Insurance Company that they would be cancelling Windstorm and fire insurance in sixty days. The insurance company and the agent are meeting to try to rectify this matter and allow the policy to con- tinue. After discussion,'motion was made by Commissioner Fahrer and seconded by Commissioner Stormont that in the event this matter is not resolved, the County Administrator is authorized to pursue negotiations with other insurance companies. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont authorizing the leasing of an auto- mobile for the County Fire Marshal at a cost of $228.00 a month. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the payment of $5,000.00 to Earl Giddens, d/b/a Amerifirst Appraisal Company regarding an appraisal done on the Marathon Airport Property. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Swift to appoint Frank Romano to the Sign Board Committee. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner. Swift Yes Mayor Harvey Yes Motion carried. The County Administrator was directed to advise Commissioner Stormont of the composition of the Committee so that a meeting could be scheduled immediately. Motion was made by Commissioner Fahrer to add two more people to the Sign Board Committee. Motion died for lack of a second. The County Administrator was directed to set up a meeting of the Higgs Beach Lease Committee. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Motion was made by Commissioner Swift and seconded by Mayor Harvey to add to the, Agenda Item J-10 relating to the Translator Board. Motion carried unanimously. Mayor Harvey advised the Board of the current status. Frank Shortland addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to grant permission to the Translator Board to order the necessary antennae at the present time. Motion carried una- nimously. STAFF REPORTS Motion was made by Commissioner Fahrer and seconded by Commissioner Swift directing the County Attorney to pur- sue the proper and necessary avenues to recover monies owed to the Municipal Service District by James Norris regarding lot clearing in Doctors Arm Subdivision. Motion carried unanimously. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Mr. Wright addressed the Zoning Board regarding the possibility of adding an alternate member to the Zoning Board. Fred Tittle addressed the Board regarding the 4/5 Rule. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to authorize the County Attorney to advertise an Ordinance change to have an alternate Zoning Board member, subject to legality after study by the County Attorney. Motion carried unanimously. 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MS aauoLssLWuioO 44LM RLsnoWLueun paLaaeO UOL40W •SUJ@JSLo 6uLpae69a aOueULpaO panoadWL pue Mau e aaedaad o4 kauao4;V kquno0 aq4 gon.AgSUL 04 kanaeH aokeW kq papuooas pue aaage3 aauoLSLWWo3'kq apew seM UOL40W i •;uasaad 4ou ;J�IMS aauoLSSLWWOO q4.m kLsnow -Lueun paLaaeO UOL40W •a;LS 4aodaLH sk@N aaddq ago jo ;oar -qns aqq epua6y puZ kLnp aq4 uo, apnLOUL 04 kanaeH aokpW kq papuooas PUP aaage3 A@UOLSSLWWOOjkq apew seM UOL40W 1 1 1 ® M Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the following Resolution, incorporating Biological Assessment, approving the Permit Application of Florida Commerical Investments, Inc. for a Seawall and Dock, per staff recommendations. Motion carried unanimously. RESOLUTION NO. 174-1985 See Res. Book No. 44 which is incorporated herein by reference. REQUEST TO ADDRESS THE BOARD Motion was made by Mayor Harvey and seconded by Commissioner Swift to postpone until the next Key West meeting the request of Bob Ernst, President of the Middle Keys Citizens Association, to address the Board regarding Code Enforcement and Highway Beautification. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Swift and seconded by Commissioner Stormont to authorize the County Attorney to advertise for Public Hearing a proposed Ordinance concerning Chapter 6 of the Monroe County Code of Ordinances pr.oviding for refunds for permits with the deletion of Section 2 of the proposed Ordinance and the corrrection of the caption. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to authorize the County Attorney to advertise for Public Hearing a proposed Ordinance amending Ordinance No. 007-1973, as amended, and codified as Article II of Chapter 6 of the Monroe County Code of Ordinances entitled "Buildings and Construction"; providing for the repeal of Section 6-16.1(5)(a) "Building Permit Fees" of the Monroe Code of Ordinances to the extent said Section is duplicitous to Section 19-39 of the Monroe County Code; providing for an amendment to Section 6-16.1(7) entitled "Exterior Balconies"; providing for a new section to be numbered as Section 6-17 of the Monroe County Code which shall be entitled "Landscaping Timber -Anchorage" and requiring that timber being utilized for landscaping pur- poses be securely anchored to prevent same from becoming dislodged during a period of flood; providing for an amend- ment to Section 6-39(a)(3) of the Monroe County Code of Ordinances entitled "Minor Repairs Or Remodeling To Buildings"; 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 the inclusion of this Ordinance in the Monroe County Code of Ordinances; and providing for an effective date. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to adopt the following Resolution rescinding Resolution No. 163-1985, and re -setting date, time and place for Public Hearing for proposed abandonment of ) I DD 039 d portion of Hilson Court in Hammer Point Park located in Tavernier, Monroe County, Florida. RESOLUTION NO. 175-1985 See Res. Book No. 44 which pis incorporated herein by reference. REQUEST TO ADDRESS THE BOARD Douglas Jones of tI�e Welcome Home Ministry addressed the Board concerning a tax exemption for property taxes. After discussion, motion was made by Commissioner Swift and seconded by Mayor,Harvey to direct Douglas Jones of the Welcome Home Ministry to submit to the Property Appraiser's Office the proper documents offering the necessary legal proof regarding tax exempt status and that the organization be granted,tax relief in accordance with County regulations. Motion carried unanimously. There being no further business, the meeting was adjourned. t PBA AIRLINE DISTRICT I DISTRICT II DISTRICT III 30$ 70� 30$ 30$ 70% 3.40• -- 0 .,. ._ _ 3;.40.... 38.77 100.83 SOUTHERN BELL JUNE PEREZ0JEFFREY 5 1775.55426.i55 CARDENAS PHOTOGRAPHY 0.0 53.90 53.90 PAM MARTIN 254.00 UNICORN THEATRE, INC. THE REPORTER 2254.00 3.12 24.00 13.20 1.20 3.10 8.08 2.66 KEYNOTER KEY WEST CITIZEN TEARSHEET 62.10 34.15 20.48 11.28 1.02 GREEN TURTLE ENTERPRISES KEY WEST PLAYERS 496.00 272.80 24,80 64.48 830.70 830.70 NTER 1112.96 1112.96 DISTRICT IV 70% 30% 3.40-- 108.57 53.89 3.36 8.69 2,86 69.44 KEY WEST ART CE MARATHON CHAMBER OF COMMERCE SANDRA HIGGS SANDRA BARROSO JOHN R. CHURCH GREYHOUND CORPORATION E835.40 908.23 499.52 45.42 835.40 118.07 127.16 40.96. 44.10 315.00 454.51 173.25 249.99 15,76 22.72 59..08 63.63 23.48 25.28 180.60 99.33' 9.03 270.51 291.31 SANDRA HIGGS SOUTHERN BELL 2080.78 469.00 1144.42 257.95 104,03 23.45 60.97 � 65.66 809.53 3089.4 867.35 mnmALs 11,508.9 3642.9477[ 1943.6,E 346.60 DISTRICT V 70% 30% 3.40 _ -- 100s83 53.89 3.12 8-.08 2.66 64.48 118.06 40.95 59..08 23.48 270.51 60.97 809.51 DD 011 N INIII 111111�111111 n�um�nnui �u 0 I