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06/21/1985 RegularDD 045 Regular Meeting Board of County Commissioners Friday, June 21, 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 Rosalie Simmons, Deputy Clerk; Kermit Lewin, County Administrator; Lucien Proby, County Attorney; County staff; 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. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve the following items by una- nimous consent: STAFF REPORTS Board approved a Final Contract Close-out Change Order No. 1 for the New Terminal Entrance Road (Phase II), Key West International Airport, A.I.P. Project No. 3-12-0037-01, sub- ject to FAA concurrence. Board approved the Application for Variance to the Flood Hazard Ordinance of Dale and Paula Wolgast to construct storage space underneath the house (breakaway construction) thirteen feet above M.S.L. located on Key Largo, at Lot 8, Block 3, Section 23, Township 62 South, Range 38 East, Ocean Park Estates Subdivision. Board approved the Application for Variance to the Flood Hazard Ordinance of Rachel S. Carico 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 Big Coppitt Key, within the mobile home sub- division known as Porpoise Point, Section 2. Board approved the Application for Variance to the Flood Hazard Ordinance of Sebastian Buz DeCarlo to place a mobile home at ground level and contiguous to the surrounding elevation located on Key Largo, within the mobile home sub- division known as Cross Key Waterway. Board approved the Application for Variance to the Flood Hazard Ordinance of Agustin de la Vega to place a mobile home at ground level and contiguous to the surrounding mobile homes which are not elevated to the base flood eleva- tion located on Key Largo, within the mobile home sub- division known as Sunset Acres. Board approved the Application for Variance to the Flood Hazard Ordinance of George and Sue Mann to place a mobile home at ground level and contiguous to the surrounding mobile homes which are not elevated to the base flood eleva- tion located on Key Largo, within the mobile home sub- division known as Hammer Point Park. DD 046 LEGAL DEPARTMENT Board adopted the following Resolution approving Change Order No. 1 amending the Contract by and between Monroe County, Florida and General Asphalt Company, Inc. for the Key Vaca Road III Project. RESOLUTION NO. 179-1985 See Res. Book No. 44 which is incorporated herein by reference. Board adopted the following Resolution, incorporating a Biological Assessment into the record, concerning approval, per staff recommendations, of the Application for Permit of William Siler and Loretta Thompson to provide improved boat mooring facilities for two residential canal front lots on Key Largo within the subdivision known as Key Largo Ocean Shores, Lots 16 and 17, Block 3; zoned RU-1. RESOLUTION NO. 180-1985 See Res. Book No. 44 which is incorporated herein by reference. STAFF REPORTS Board approved the Senior Community Service Project Budget for Fiscal Year 1985/1986 and authorized the Chairman of the Board to sign the SCSP proposal and contract effective July 1, 1985 through June 30, 1986. Board approved Fiscal Year 1986 Proposal and Contract with Department of Health and Rehabilitative Services regarding the Monroe County Transportation Program and authorized the Chairman of the Board to sign all Assurances and Contracts. Board approved LSP General Revenue Funds Grant Application and Contract for Monroe County In -Home Services and authroized the Chairman to sign all documents. Board authorized a Call For Bids for one Quick -Attack Rescue Pumper Vehicle and Associated and/or Related Equipment for Municipal Services Taxing District 1-C. Board authorized a Call For Bids for one Fire Engine Pumper Vehicle and Associated and/or Related Equipment for Municipal Services Taxing District 4-B. Board authorized a Call For Bids for one Quick -Attack Rescue Pumper Vehicle and one Aerial Fire Truck Vehicle and Associated and/or Related Equipment for Municipal Services Taxing District #5. Board authorized a Call For Bids for Refurbishment and Re -Chassis of a 1980 Type III Ambulance for Municipal Services Taxing District #6. AWARDING OF BIDS Board accepted the staff recommendation regarding the awarding of bid for one Type III Ambulance for Municipal Services Taxing District #6 and awarded the low bid to Aero Products Corporation, 708 Industry Road, Longwood, Florida, in the amount of $56,798.70. LEGAL DEPARTMENT Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe DD 04'7 County, Florida to execute Supplemental Agreement No. 1 DOTFA82SO-13060 covering FSS/ATCT space at the Key West International Airport by and between the Board of County Commissioners of Monroe County, Florida and the Department of Transportation, Federal Aviation Administration, Southern Region. RESOLUTION NO. 181-1985 See Res. Book No. 44 which is incorporated herein by reference. Board adopted the following Resolution creating a Tax Advisory Committee to study all potential sources of revenue to support local government to relieve the burden of the ad valorem tax. RESOLUTION NO. 182-1985 See Res. Book No. 44 which is incorporated herein by reference. Board adopted the following Resolutions concerning receipt of unanticipated funds. RESOLUTION NO. 183-1985 RESOLUTION NO. 8��9-5 See Res. Book No. 44 which is incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 185-1985 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 REPORTER SERVICES, Associated Court Reporters, in the amount of $64.50. WITNESS PAYROLL, Regular Witness Fees, in the amount of 270.00; Auto Allowance and Travel, in the amount of $1,227.35. Board approved the following Warrants: W A R R A N T S GENERAL REVENUE FUND, #36315-#363952 in the amount Of $1,623,122.77. GENERAL REVENUE FUND, FRS, #143, in the amount of $2309178.UT—.— SUPPLEMENT TO THE GENERAL REVENUE FUND, #187, in the amount of $25,185.83. FINE & FORFEITURE FUND, #537-#538, in the amount of $26,483.5T— ROAD & BRIDGE FUND, #351-#353, in the amount of $266,356.T- 5. TRANSLATOR FUND, #78, in the amount of $780.84. AIRPORT OPERATION & MAINTENANCE FUND, #3014304, in the amount of 35,238.64. MONROE COUNTY GROUP INSURANCE, #87-#89, in the amount of 09,596.35. 1984-1985 CAPITAL PROJECTS FUND, in the amount of $6779421.79. TOURIST DEVELOPMENT COUNCIL, #174, in the amount of $59,404.17 LAW LIBRARY FUND, #150, in the amount of $2,336.41. CARD SOUND BRIDGE REVENUE FUND, #86, in the amount of $6,216.68. MSD TAX DISTRICT, #617-#620, in the,amount of $209,964.82. MSO TAX DISTRICT, Marine Bank, #652-#653, in the amount of—$98,779.80. MSD TAX DISTRICT, Florida First National Bank, #249, in the amount of 1,669.57. WORKMENS COMPENSATION, #1468-#1482, in the amount of $13,840.64. Board approved, pursuant to the provisions of Florida Statutes Chapters 30 and 129.06(2), the following Budget Amendment for the Sheriff of Monroe County for the Fiscal Year 1984-1985 to allow for the reimbursement for the Bicycle Grant funds to be included in the current Budget: Current Added Account Budget Allocations Budget Personal Services 5,0 3,376.00 - 0 - $59013,376.00 Operating Expenses 1,901,074.00 45,000.00 1,946,074.00 Capital Outlay 613,072.00 - 0 - 613,072.00 Contingency 55 000.00 - 0 - 55 000.00 7,582,522.00 $45,000.00 7,627,522.00 Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Swift to approve all additions, corrections and deletions. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Chapter 2, Article VII, Section 2-284 of the Monroe County Code and providing for an additional paragraph thereto to be entitled Paragraph "B"; providing that the Executive Director of the Fine Arts Council set forth therein may be either an individual or a corporation for the purposes of contracting for the services of said Executive Director; 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 Monroe County Code of Ordinances; and pro- viding an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Fahrer DD 049 and seconded by Commissioner Stormont to read by title only. Connie Moody, Program Coordinator for the Fine Arts Council, addressed the Board. There was no other public input. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the Ordinance. Roll call vote was unanimous. ORDINANCE NO. 020-1985 See Ord. Book No. 9 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance providing that the Code of Ordinances, County of Monroe, be amended by revising Section 8-17 amending the definitions of "Bulky Items" and "Rubbish"; by revising Section 8-23 to provide for issuance of permits to transport solid waste in Monroe County, Florida by the Municipal Service District and to provide for fee upon proper application for a permit to transport solid waste in Monroe County; by revising Section 8-27 to provide for nature of service; adding a new section to be numbered 8-40 to provide for judicial remedies for any violations to this section of the Code; adding a new section to be numbered 8-41 to provide for enforcement of Section 8-23 of the Code; adding a new section to be numbered 8-42 to provide for revocation of permits; providing for severability; repealing all Ordinances or parts of Ordinances in conflict herewith; providing for inclusion in the Monroe County Code of Ordinances; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to read by title only. There was no public input. After discussion, motion was made by Commissioner Swift and seconded by Commissioner Freeman to continue until the next Public Hearing. LEGAL DEPARTMENT Commissioner Swift advised the Board that after further consideration, he objected to the addition of Item G-10 concerning the Five 6-6666 Contract at Key West International Airport and requested that this item be deferred until the next Commission meeting. After discussion, the Board unanimously agreed to defer Item G-10 until the next regular Commission meeting. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Swift requested that a new Item J-19 be added to the Agenda concerning a report on the meeting of the Board of Directors of County Commissions. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to allow the addition of Item J-19 to the Agenda. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman that the Commission should hear from Ron Stack and Bob Ernst concerning Code Enforcement problems. Commissioner Fahrer advised the Board of a letter from the Marathon Chamber of Commerce stating that Bob Ernst should be heard in Marathon. Mr. Ernst addressed the Board. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to allow Bob Ernst to proceed with his presentation to the Board at 9:45 a.m. Roll call vote was taken with the following results: DD 050 Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey No Motion carried. STAFF REPORTS Fred Tittle, attorney representing Ocean Reef Club, Inc., addressed the Board concerning their Application for Variance to the Flood Hazard Ordinance. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve the Application for Variance to the Flood Hazard Ordinance of Ocean Reef Club, Inc. to construct mini - warehouses planned for seasonal storage of vehicles at 12 feet above M.S.L. located in Section 7, Range 41 East, Township 59 South, Key Largo. Motion carried unanimously. The County Administrator was directed to correct all records as to the descripton of the property. COUNTY ADMINISTRATOR'S REPORT Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve a request from the 726 Tactical Squadron to use Marathon Airport for an exercise from June 23rd through June 28th. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Faher to authorize the payment of a medical bill in the amount of $420.00 for a gentleman who was in an accident in one of the County welfare vans. Motion carried unanimously. Mr. Lewin advised the County that he was in touch with a gentleman in the Big Pine Key area about a nine -acre parcel of land for a park and recreational area. He was directed to continue pursuing this matter. The County Administrator advised the Board that the City of Key West had postponed the contract for the transfer and sale of the USO Building and had advised him that this item would be on their July 2nd Agenda. Mr. Lewin advised the Board that Big Coppitt Volunteer Ambulance Service would continue operating as is for the present time. The County Administrator discussed the applicants for County Planning Director and gave his recommendations. He advised that Charles Pattison had revised his proposed contract to Mr. Lewin's satisfaction. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to accept the County Administrator's recommendation that Charles Pattison be hired as Building -Planning -Zoning Director of Monroe County. During discussion, the County Attorney was directed to make a study of the Land Use Plan insofar as Chapter 125 is concerned regarding the county manager type of government. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey Yes DD 051 Motion carried. STAFF REPORTS Michael Halpern,, attorney, addressed the Board concerning Bay Hammock Subdivision. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the plat of Bay Hammock Subdivision on the condition w that the County Administrator obtain the Florida Keys Aqueduct Authority's approval of additional fire mains and find out whether their determination has changed. After discussion, 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 Commissioner Stormont and seconded by Commissioner Fahrer to postpone approval of the plat of Bay Hammock Subdivision until the County Administrator and County Attorney can assure the Board of County Commissioners that the plat meets the requirements of the Code. Mr. Halpern addressed the Board. During discussion, Commissioner Stormont amended his motion to add the following requirements: (1) That the Florida Keys Aqueduct Authority's letter of coordination be done and pre- sented as far as their conformance with requirements of the plat filing code concerning the new pieces of material as submitted June, 1985; (2) That the County Attorney issue an opinion regarding the inconsistency with the major develop- ment approval; and (3) That the County Attorney determine that according to the plat filing ordinance, protection has been afforded the County concerning platting in flood prone areas. The amendment was accepted by the seconder. Roll call vote on the motion as amended was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried. The Chairman advised Mr. Halpern that she would call a Special Commission Meeting to consider this matter as soon as Mr. Halpern complies with the foregoing. UNFINISHED BUSINESS Bob Ernst made a presentation to the Board on behalf of the Middle Keys Citizens Association and the Highway Beautification Committee with regard to certain code enforcement items. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to direct the County Administrator to work with Florida D.O.T. on the acquisition of the right-of-way in front of the Smith Property in Marathon. Motion carried unanimously. The Board directed Ron Stack to pursue the code enforcement violations on Key Vaca. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Jack Shreve, Public Counsel, advised the Board of the Stipulation of Settlement concerning the Application of DD_ 052 K W Resort Utilities Corp., successor to Stock Island Utility Company, for increased sewer rates. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to direct the County Administrator to write letters of appreciation to the Office of the Public Counsel, to the Stock Island Citizens Committee, and to Attorney Sheri Smallwood. Motion carried unanimously. UNFINISHED BUSINESS Mike Egan, representing Kyle Brothers, addressed the Board concerning their Permit Application. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to allow withdrawal of the Permit Application of George Kyle regarding canal excavation and file and assure thqat it may be put back on the Agenda when status of their current State Permit was decided. Motion carried unani- mously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS William Strong, resident of Cudjoe Key, addressed the Board concerning numerous code enforcement violations in connection with Lots 15 and 17 of Sacarma Bay Subdivision owned by Joseph Cates/Florida Keys Builders Supply. After lengthy discussion, motion was made by Commissioner Fahrer and seconded by Mayor Harvey to turn over the list of code enforcement violations to a task force directed by the County Administrator and Ron Stack and instruct them to pre- sent a status report to the Board in two weeks and each two weeks thereafter. Motion carried unanimously. The Board entered into a discussion concerning the possible purchase of Truman School. Sheriff Freeman, Property Appraiser Higgs and Tax Collector Knight addressed the Board. Motion was made by Mayor Harvey to purchase Truman School subject to a traffic analysis. Motion died for lack of a second. Motion was then made by Commissioner Fahrer and seconded by Commissioner Freeman to proceed with all haste to work out the bonding that will make it possible to complete Jackson Square. Motion was ruled out of order. Bob Harris addressed the Board. No further action was taken. The Board recessed for lunch. The Board reconvened at 1:30 p.m. with the meeting being called to order by Mayor Pro Tem Fahrer. COUNTY ADMINISTRATOR'S REPORT Th County Administrator reported on his meeting with the Sheriff and the Consultants concerning the construction of the new building on the USO site. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to approve the architect's plans of the building on the USO property and accept same as a Monroe County Commission Building for the Sheriff's use. Sheriff Freeman addressed the Board,. Harry Knight addressed the Board concerning the parking problems at Jackson Square. Mayor Harvey entered during this discussion and assumed the Chair. The County Administrator was directed to write a DID QS- letter to the City about allowing parking on one side of Southard Street. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to direct the County Administrator to investigate leasing the FKAA property behind the tanks and renew negotiations regarding removal of the tanks. Motion carried unanimously. Roll call vote on the original motion 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 Stormont to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Indemnity and Hold Harmless Agreement by and between the Board of County Commissioners of Monroe County, Florida and Greater Marathon Chamber of Commerce in connection with a fireworks display to be performed on July 4, 1985. Motion carried unanimously. RESOLUTION NO. 186-1985 See Res. Book No. 44 which is incorporated herein by reference. The Board decided that the 5th of July would not be a County holiday. REQUEST TO ADDRESS THE BOARD Jimmy Goff of Post, Buckley, Schuh & Jernigan addressed the Board concerning the Upper Keys Airport Site Selection Study. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to accept the final draft of the Upper Keys Airport Site Selection Study and allow transmission for review byAhe necessary parties. Art Skelly and Bob Harris addressed the Board. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to authorize the adver- tisement for a consultant to do the environmental impact studies and related necessary documents. 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. AWARDING OF BIDS The Board discussed proposals received for a $28,1000.00 loan for the purpose of funding the remounting, refurbishing and modifying of a Type III Ambulance for Municipal Service Taxing District #3. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to refer these proposals to the Bid Committee for recommen- dation back at the June 25th meeting. Motion carried unani- mously with Commissioner Swift not present. DD 054 The Board discussed proposals received for an $88,000.00 loan for the purpose of funding the purchase of one Type III Ambulance and associated and/or related equip- ment and to remount and refurbish an existing modular patient compartment onto a new cab and chassis. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to refer these proposals to the Bid Committee for recommendation back at the June 25th meeting. Motion carried unanimously with Commissioner Swift not present. STAFF REPORTS Art Skelly addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to follow the recommendation of staff and approve the PBA pro- posal to correct pre -petition default of $20,553.64 at Key West by paying 1/12 of the total amount monthly over a period of twelve months beginning on or about August 15, 1985. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve Tourist Development Council expenditures in the amount of $102,290.60, subject to invoice approval by the Finance Department. Charles Aguero, MSD Manager, addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to approve, per staff recommendations, the new job classification of Plant Electrician who must be a licensed electrician in Monroe County. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman Yes Stormont Yes Swift No No LEGAL DEPARTMENT Art Skelly, Airport Director, addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve a Lease Renewal for Island City Flying Service at Key West International Airport. During discussion, motion was withdrawn. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to postpone consideration of a Lease Renewal for Island City Flying Service at Key West International Airport for two weeks in order for Mr. Skelly to negotiate certain improve- ments to the Lease. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve settlement of the John Baker case in the amount of $2,500.00 in accordance with the County Attorney's recommendation. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following Resolution to approve and execute an Amendment to the Project Agreement by and between the State of Florida Department of Natural Resources and Monroe County and the Key West Port and Transit Authority in re: Boating Improvement Fund Project known as Garrison Bight Boat Park, FBIP Project Number B84071, to increase the Project amount by $2,950.00 from $46,896.32 to $49,846.32. Motion carried unanimously. DD Q55 RESOLUTION NO. 187-1985 See Res. Book No. 44 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the following Resolution approving and authorizing execution of Change Orders No. 4 and 5 amending the Contract by and between Monroe County, Florida and Monroe Construction Company concerning the Monroe County Jail Expansion Project. Motion carried unani- mously. RESOLUTION NO. 188-1985 See Res. Book No. 44 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to authorize Commissioner Stormont's appointment to the Florida Keys Resource Planning and Management Committee. Motion carried unanimously. The Mayor informed the Board that each of them would receive an invitation to the dedication of the Bird Sanctuary at Higgs County Beach on July 9th. Motion was made by Mayor Harvey and seconded by Commissioner Swift to approve the appointment of Louis LaTorre to the Florida Association of County Aging Executives. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to direct the Sign Board Committee to pursue alternatives to the existing billboard situation. Motion carried unanimously. The Board entered into a discussion concerning Lower Matecumbe Key (Blaisdell Tract). The County Administrator was directed to send a letter to the State advising them that Monroe County chooses not to take any action at this time. The Board unanimously agreed to accept Commissioner Swift's nomination of Peggy Murphree to the Library Board. The Board unanimously accepted Commissioner Swift's appoint- ment of Michelle Keevan to the Zoning Board. The Board also unanimously agreed to Commissioner Fahrer's appointment of Fran Lyle to the Capital Improvements Committee and Mayor Harvey's appointment of George Fetherston to the Capital Improvements Committee. Motion was may by Commissioner Fahrer and seconded by Commissioner Freeman to approve a letter regarding peer review of Volume I of the Land Use Plan. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to direct the County Administrator to respond to the letter received from Siemon, Larsen & Purdy regarding additional compensation. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following Resolution of intent to levy the fifth and sixth cent local gas tax. Motion carried unanimously. DID 056 RESOLUTION NO. 189-1985 See Res. Book No. which s incorporated herein by reference. The Deputy Clerk was directed to note for the record that the above Resolution was passed by a majority plus one vote so that a referendum is not needed. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to direct the County Attorney to advertise a new proposed Animal Control Ordinance for three Public Hearings. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the County Attorney to advertise for Public Hearing a proposed Ordinance establishing a Commission for the aid of the handicapped; providing for the qualifications, appointments and terms for officers of this Commission; providing for the organizing of said Commission and the prerogatives and powers of the Commission; providing for limitations on the powers of the Commission; providing for the help and assistance to be pro- vided by other County personnel; providing for severability; repealing all Ordinances or parts of Ordinances in conflict herewith; providing for inclusion in the Monroe County Code of Ordinances; and providing for an effective date. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve a Proclamation in honor of the Statue of Liberty and to authorize the Mayor to execute same. Motion carried unanimously. The Board entered into a discussion concerning Bee's Pet Shop. Motion was made by Commissioner Swift and seconded by Mayor Harvey that an emergency exists concerning the zoning requirements with regard to Bee's Pet Shop. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Swift to amend the BU-2-Q classification of the Zoning Ordinance to add pet shops. Motion carried unanimously. Commissioner Swift gave a report on the meeting of the Board of Directors of the County Commissions which he recently attended. UNFINISHED BUSINESS Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Carol Calautti to place a mobile home at ground level and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation on Key Largo, within the mobile home sub- division known as Lake Surprise Estates. Motion carried unanimously. Fred Tittle, representing Key Stone Products, Inc., addressed the Board concerning the Amended Permit Application of Stella Neville, Inc. for excavation. Kenneth Shang, Consulting Engineer, also addressed the Board. Peter Santi also addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the Amended Permit Application of Stella Neville, Inc. conditioned upon the full restoration of the property as outlined; that at the time of the restoration period, the County would be contacted and have the option of using DD _ Q5`: this as a site for disposal of materials; that bonding of half the amount of the value of the fill that it would take to fill in the excavation site would be required; that the site would be mined in such a way that the second half of the proposed mine could not be mined until the first half was restored; that all endangered species taking permits or other State or Federal permits would be had before this was allowed to proceed; and that no more than three years after completion of the excavation, the site will be totally restored or the bond will be forfeited. Roll call vote was unanimous. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Motion was made by Commissioner Swift and seconded by Mayor Harvey to add to the Agenda a discussion concerning the Mobile Home Ordinance. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Stormont that an emergency exists. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to adopt the following Ordinance amending Ordinance No. 016-1985, Section 1, pertaining to the repla- cement and substitution of currently existing mobile homes by the owners thereof with newer or new mobile homes in cer- tain specified zoning districts; declaring such amending Ordinance an emergency; providing for severability; pro- viding that all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of any such conflict; providing for inclusion in the Monroe County Code of Ordinances; and providing for an effective date. 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