07/02/1985 RegularDD 077
Regular Meeting
Board of County Commissioners
Wednesday, July 2, 1985
Tavernier
A regular meeting of the Board of County
Commissioners convened on the above date. Present and
answering to roll call were Commissioner Alison Fahrer,
Commissioner William Freeman, Commissioner John Stormont,
Commissioner Ed Swift, and Mayor Wilhelmina Harvey. Also
present were Danny L. Kolhage, Clerk; 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 Swift and seconded
by Commissioner Freeman to approve the following items by
unanimous consent:
LEGAL DEPARTMENT
Board adopted the following Resolution, incorporating a
Biological Assessment into the record, concerning approval,
per staff recommendations, of the Application for Permit of
Celio Munoz to excavate a boat slip on Key Largo within the
subdivision known as Key Largo Ocean Shores, Lot 22, Block
3; zoned RU-1.
RESOLUTION NO. 192-1985
See Res. Book No. 45 which is incorporated herein by
reference.
STAFF REPORTS
Board approved CCE Contract for Fiscal Year 1986 between
Area Agency On Aging For Dade & Monroe Counties/United Way
Of Dade County, Inc. and Monroe County Board of County
Commissioners/Monroe In -Home Service.
LEGAL DEPARTMENT
Board adopted the following Resolution authorizing the
Chairman of the Board of County Commissioners of Monroe
County, Florida to execute a Joint Participation Ageement by
and between the County of Monroe, Florida and the City of
Key West, Florida concerning the Community Pool located at
300 Catherine Street, Key West, Florida.
RESOLUTION NO. 193-1985
See Res. Book No. 45 which is incorporated herein by
reference.
Board adopted the following Resolution concerning receipt
of unanticipated funds.
RESOLUTION NO. 194-1985
See Res. Book No. 45 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds.
RESOLUTION NO. 195-1985
See Res. Book No. 45 which is incorporated herein by
reference.
CLERK OF THE BOARD
Board approved payment of the following Fine and Forfeiture
Expenditures:
FINE & FORFEITURE FUNDS
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, A. M.
Castillo, M.D., in the amount of 5U.0 ; Richard Hellmann,
Ph.D., in the amount of $345.00; Sanford Jacobson, M.D., in
the amount of $1,319.00; Mental Health Care Center of the
Lower Keys, Inc., in the amount of $1,160.00; Hollywood
Treatment Center, Inc., in the amount of $850.00.
COURT -APPOINTED ATTORNEYS, Larry R. Erskine, in the
amount of 8 .50; Roberta S. Fine, in the amount of $566.25;
William Kuypers, in the amount of $816.50; Jeffrey B. Meyer,
in the amount of $187.50; John P. Rotolo, in the amount of
$1,303.06; Paul E. Watson, in the amount of $1,941.23.
OTHER EXPENSES, Larry R. Erskine, in the amount of
$151.00; Ellis Rubin Law Offices, in the amount of $592.55;
Norman Robbin, C.S.R., in the amount of $221.85; Louis J.
Spallone, Clerk, in the amount of $100.00.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of 85.00; Certified Reporting
Service, Inc., in the amount of $381.90; Depositions And...,
Inc., in the amount of $246.85; Robert Fazio, in the amount
of $1,655.50; Paul Finetti, in the amount of $167.50;
Florida Keys Reporting, in the amount of $2,728.00; Laws
Reporting, Inc., in the amount of $124.40.
COURT INTERPRETER SERVICES, Judd Barish, in the
amount of 40.00; Washington Gay, in the amount of $445.00;
Humberto Jimenez, in the amount of $190.00; Stephen Moore,
in the amount of $60.00; Norma Scott, in the amount of
$65.00; Gilbert J. Suarez, in the amount of $25.00; Yolanda
Valdes, in the amount of $275.00.
WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of 9 .0.
Board approved the following Warrants:
W A R R A N T S
GENERAL REVENUE FUND, #36953-#37607, in the amount
of $1,519,511.94.
SUPPLEMENT TO THE GENERAL REVENUE FUND, #188-#189,
in the amount o 5,T3U_._T3.
FINE & FORFEITURE FUND, #539-#541, in the amount of
$665,894.24.
ROAD & BRIDGE FUND, #354-#355, in the amount of
$246,128.22.
$67.01.
CROSS KEY WATERWAY ESTATE, #17, in the amount of
AIRPORT OPERATION & MAINTENANCE FUND, #3054309, in
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the amount of $30,397.86.
MONROE COUNTY GROUP INSURANCE, #90491, in the
amount of 63,000.00.
CAPITAL PROJECTS FUND, Construction Account,
#89490, innthe—amount of 76,415.84.
TOURIST DEVELOPMENT COUNCIL, #175-#178, in the
amount of 423,807.24.
LAW LIBRARY FUND, #151=#152, in the amount of
$19587.68.
CARD SOUND BRIDGE REVENUE FUND, #87490, in the
amount of—$61,7-1-8.46.
MSD TAX DISTRICT, Southeast Bank, #2504251, in the
amount of—$87,835�
MSD TAX DISTRICT, Marine Bank, #654-#662, in the
amount of—$236,00 .78 3.
WORKMENS COMPENSATION, #1483-#1500, in the amount
of $24,563.90.
1981 IMPROVEMENT BONDS FUND (Debt Service), #40, in
the amount of 8,9 4.37.
Board approved the Minutes of the Board of County
Commissioners for the meetings of May 23rd, May 24th, May
28th, May 31st, and June 4th.
Board adopted the following Resolution authorizing the Clerk
of the Board of County Commissioners of Monroe County,
Florida to invest funds on hand in excess of current needs
to return the highest yield consistent with proper safe-
guards.
RESOLUTION NO. 196-1985
See Res. Book No. 45 which is incorporated herein by
reference.
STAFF REPORTS
Board approved execution of Grant Offer, AIP Project Number
3-12-0044-0585, for the Marathon Flight Strip, Marathon
Florida, Contract No. DTFA-06-85-"A-80122.
Motion carried unanimously.
PUBLIC HEARINGS
The Board conducted a Public Hearing on the pro-
posed abandonment of a portion of Nilson Court located in
Hammer Point Park. Proof of publication was entered into
the record. Mr. Vincent Morales, the Petitioner, addressed
the Board. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to postpone this matter
until the next meeting. Motion carried unanimously.
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 Sections 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 fee 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 num-
bered 89-42 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. Motion
carried unanimously. Motion was made by Commissioner Fahrer
and seconded by Commissioner Freeman to retain the following
language on Page 4: "other than a Home Occupational
License". Motion carried unanimously. Motion was made by
Mayor Harvey and seconded by Commissioner Freeman to amend
the Ordinance to provide language that will reflect that
homeowners will pay tipping fees. Motion carried unani-
mously. Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to continue until the next Public
Hearing. Motion carried unanimously.
COUNTY ADMINISTRATOR'S REPORT
Mr. Lewin discussed the school's request for a per-
mit for the expansion of Sugarloaf Elementary and the zoning
problems associated with the Application for Permit. Mr.
Lewin advised the Board that because this was located in a
GU zone, it was a non -conforming use and would necessitate
under a normal situation that The School Board go through
the Zoning Board process. Motion was made by Commissioner
Swift and seconded by Commissioner Freeman authorizing and
granting the authority to The School Board to begin
construction of an addition to Sugarloaf Elementary School
pending and prior to a hearing of the Zoning Board for
zoning change. During discussion, motion was withdrawn.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to declare an emergency due to educa-
tional needs of the County and children in the area of the
Sugarloaf Elementary School, the problem that the County has
experienced with school closings, and for the health, safety
and welfare of the citizens of Monroe County. Motion was
made by Commissioner Fahrer and seconded by Commissioner
Swift to adopt the following Emergency Ordinance declaring
the building of the addition of Sugarloaf Shors Elementary
School to be an emergency and providing for the same to be
permitted in a GU Zone; providng for severability; repealing
all Ordinances or parts of Ordinances in conflict herewith
to the extent of said conflict; providing for inclusion in
the Code of Ordinances of Monroe County, Florida; and pro-
viding an effective date.
ORDINANCE NO. 021-1985
See Ord. Book No. 9 which is incorpo�ra� herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to adopt the following Resolution
authorizing the Chairman of the Board of County
Commissioners of Monroe County, Florida to execute an
Indemnity and Hold Harmless.Agreement by and between the
Board of County Commissioners of Monroe County, Florida and
Zambelli Fireworks Mfg. Co., Inc. in connection with a
fireworks display to be performed on July 4, 1985 at Holiday
DD 081
Isle Resort.
RESOLUTION NO. 197-1985
See Res. Book No. 45 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to adopt the following Resolution
authorizing the Chairman of the Board of County
Commissioners of Monroe County, Florida to execute an
Indemnity and Hold Harmless Agreement by and between the
Board of County Commissioners of Monroe County, Florida and
Zambelli Fireworks Mfg. Co., Inc. in connection with a
fireworks display to be performed on July 4, 1985 at
Plantation Yacht Harbor. Motion carried unanimously.
RESOLUTION NO. 198-1985
See Res. Book No. 45 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to adopt the following Resolution
authorizing the Chairman of the Board of County
Commissioners of Monroe County, Florida to execute an
Indemnity and Hold Harmless Agreement by and between the
Board of County Commissioners of Monroe County, Florida and
Big Pine Athletic Association in connection with a fireworks
display to be performed on July 4, 1985. Motion carried
unanimously.
RESOLUTION NO. 198A-1985
See Res. Book No. 45 which is incorporated herein by
reference.
STAFF REPORTS
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to approve, per staff recommendations
and conditions, the Application for Variance to the Flood
Hazard Ordinance of Stephen A. Stepner for the placement of
a 40' x 40' garage below the 100 year flood elevation, 13'
above M.S.L. to 15' above M.S.L. (over the entire area)
located on a parcel of Lot 12, Lower Matecumbe Harbor, US 1,
Lower Matecumbe. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve, per staff recommen-
dations, the Application for Variance to the Flood Hazard
Ordinance of Leo C. McCampbell for the placement of a mobile
home below the flood elevation, and contiguous to the
surrounding mobile homes which are not elevated to the base
flood elevation on Big Coppitt Key, within the mobile home
subdivision known as Geiger Mobile Homes. Roll call vote
was taken with the following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Fahrer
Yes
Freeman
Yes
Stormont
No
Swift
Yes
No
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to authorize Post, Buckley, Schuh &
Jernigan, Inc. to proceed with plans, specifications and bid
DD 082
documents necessary to start construction of a sludge treat-
ment plant. Roll call vote was unanimous.
Motion was made by Mayor Harvey and seconded by
Commissioner Freeman that the County file a suit vs. State
of Florida concerning property adjacent to Long Key Dump.
Roll call vote was unanimous.
LEGAL DEPARTMENT
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to adopt the following Resolution
concerning parking in Jackson Square. Motion carried unani-
mously.
RESOLUTION NO. 199-1985
See Res. Book No. 45 which is incorporated herein by
reference.
Motion was made by Mayor Harvey and seconded by
Commissioner Freeman to adopt the following Resolution
authorizing the Chairman of the Board of County
Commissioners of Monroe County, Florida to execute an
Employment Agreement by and between the Board of County
Commissioners of Monroe County, Florida, and Calvin J.
Allen. Motion carried unanimously.
RESOLUTION NO. 200-1985
See Res. Book No. 45 which is incorporated herein by
reference.
Motion was made
by Commissioner Swift to
authorizing the Chairman
Commissioners of Monroe
Interlocal Agreement by
Florida and the City of
crossing guards. Motion
by Commissioner Fahrer and seconded
adopt the following Resolution
of the Board of County
County, Florida to execute an
and between the County of Monroe,
Key West, Florida concerning school
carried unanimously.
RESOLUTION NO. 201-1985
See Res. Book No. 45 which is incorporated herein by
reference.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to adopt the following Resolution
approving Agreement by and between Monroe County, Florida
and the Consultants, Siemon, Larsen and Purdy, regarding the
Habitat Conservation Plan. Roll call vote was unanimous.
RESOLUTION NO. 202-1985
See Res. Book No. 45 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to adopt the following Resolution
requiring the payment of dumping fees for dumping at all
landfill sites operated by Monroe County, Florida; said fees
are to be $20.00 per ton with a minimum fee of $3.00,
regardless of weight; and the payment of the aforementioned
dumping fees is to be effective as of August 1, 1985.
Motion carried unanimously.
RESOLUTION NO. 203-1985
See Res. Book No. 45 which is incorporated herein by
reference.
' ' i
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
The Board discussed storage needs of the Tax
Collector, Property Appraiser, Supervisor of Elections, and
the County Clerk. Following discussion, this matter was
referred to the County Administrator to review the current
rental situation with The School Board and the Constitu-
tional Officers.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to approve travel for Commissioners
to attend the christening of Submarine "KEY WEST" at
Norfolk, Virginia on July 20, 1985, with payment out of the
Board's $5,000.00 promotional money. Motion carried unani-
mously.
Commissioner Swift discussed word processing equip-
ment. Motion was made by Comissioner Freeman and seconded
by Commissioner Fahrer to authorize the purchase of a
McIntosh 512K Word Processor and Printer from Key West
Computer Center, Inc., in the amount of $2,930.00, to be
paid in Fiscal Year 1985/1986. Motion carried unanimously.
The Board discussed Zoning Board meeting policies.
Motion was made by Commissioner Stormont and seconded by
Commissioner Swift to adopt the following Resolution
rescinding Resolution No. 140-1985. Motion carried unani-
mously.
RESOLUTION NO. 204-1985
See Res. Book No. 45 which is incorporated herein by
reference.
Mr. Lewin was directed to review the Meeting Schedule of the
Zoning Board.
Commissioner Stormont discussed CPR instruction for
County employees. Motion was made by Commissioner Fahrer
and seconded by Commissioner Freeman to adopt the following
Resolution urging all County employees to undergo CPR
instruction. Motion carried unanimously.
RESOLUTION NO. 205-1985
See Res. Book No. 45 which is incorporated herein by
reference.
Commissioner Stormont discussed the Land Use Maps.
During discussion, motion was made by Commissioner Stormont
to purchase NOAA Maps, subject to the availability of the
necessary funding. During discussion, the motion was
withdrawn. No further action was taken.
Commissioner Stormont discussed compensatory time
for County employees performing EMS Volunteer Services. The
matter was referred to the County Administrator.
Mayor Harvey read a letter from Mr. and Mrs.
Daniels concerning the Board's recent action on Commercial
Fishing Home Occupational Licenses. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
postpone consideration of this item until the meeting of
July 17th. Motion carried unanimously.
Mayor Harvey read and the Board discussed a letter
from Mayor Feiner of Key Colony Beach concerning improve-
ments to the Key Colony Beach City Hall. This matter was
referred to the County Administrator.
rl�
The Board entered a discussion about the proposed
Contract between Monroe County and Charles Pattison to serve
as the Director of Planning, Building and Zoning. Motion
was made by Commissioner Fahrer and seconded by Commissioner
Freeman to postpone this item. During discussion, the
motion was withdrawn. Motion was made by Commissioner
Fahrer to call a Special Meeting for July 9th for the pur-
pose of considering the proposed Contract. Motion was
withdrawn. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer to postpone this matter
until 5:30 p.m.
Commissioner Fahrer discussed County insurance con-
cerning suits brought on Land Use matters. This matter was
referred to the County Administrator and County Attorney.
STAFF REPORTS
Motion was made by Commissioner Fahrer and seconded
by Mayor Harvey to authorize the refund of $75.00 to John
Biamonte inasmuch as the Zoning Change Application was
withdrawn. Motion carried unanimously with Commissioner
Freeman not present.
Motion was made by Commissioner Fahrer and seconded
by Mayor Harvey to authorize the refund of $75.00 to R. Dean
Miller inasmuch as a Variance was not needed. Motion
carried unanimously with Commissioner Freeman not present.
LEGAL DEPARTMENT
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to adopt the following Resolution of
intent to levy the Fifth and Sixth Cent optional gas tax
with the same formula for distribution to the municipalities
as currently exists on the Fourth Cent gas tax. Motion
carried unanimously.
RESOLUTION NO. 206-1985
See Res. Book No. 45 which is incorporated herein by
reference.
The Board recessed for lunch.
The Board reconvened at 2:30 p.m. with all
Commissioners present.
UNFINISHED BUSINESS
Mr. Jimmy Goff of Post, Buckley, Schuh & Jernigan
addressed the Board and gave his report on the Upper Keys
Airport Site Selection Study. Motion was made by
Commissioner Fahrer to continue the review process on the
Upper Keys Airport Site Selection Study. During discussion,
motion was withdrawn. Motion was made by Commissioner
Fahrer and seconded by Commissioner Freeman to proceed with
an Environmental Study on Site No. 2 as located in the Upper
Keys Airport Site Selection Study by Post, Buckley, Schuh &
Jernigan, Inc. Roll call vote was unanimous. Mike Fagan
and Tom Fouts addressed the Board concerning this matter.
The Clerk advised the Board of the content of the
previous motion concerning Commercial Fishing Home
7 I •
Occupational Licenses. Motion was made by Commissioner
Fahrer and seconded by Commissioner Stormont to reconsider
the Board's previous action concerning Commercial Fishing
Home Occupational Licenses in the new Land Use Plan. 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 made by Commissioner Stormont and
seconded by Commissioner Freeman to reconsider the Board's
previous action concerning Commercial Fishing Home
Occupational Licenses in the new Land Use Plan on July 17th
at Key Colony Beach City Hall during the discussion of the
rest of the issues on commercial fishing activities. 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
Yes
REQUEST TO ADDRESS THE BOARD
Bobby Brantley, Representative, and Tom Beaseley,
President, of Corrections Corporation of America addressed
the Board and made a presentation concerning their firm's
activity in the administration and construction of jail
facilities. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman directing the County
Administrator, the Sheriff and the County Attorney to par-
ticipate in a proposal with Corrections Corporation of
America for the managment of the Monroe County Jail
Facility. During discussion, Tom Fouts addressed the Board
concerning this issue. Motion carried unanimously.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
The Board returned to the discussion of a proposed
Employment Contract with Mr. Charles Pattison as the
Director of Planning, Zoning and Building. Motion was made
by Mayor Harvey and seconded by Commissioner Fahrer to amend
Article 2.1 of the proposed Contract to delete the words "by
and through its County Administrator." Roll call vote was
taken with the following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
Yes
Commissioner
Stormont
Yes
Commissioner
Swift
No
Mayor Harvey
Yes
Motion carried. Motion was made by Commissioner Fahrer and
seconded by Commissioner Stormont to amend Article 2.2 to
insert the words "relating to Planning, Zoning and Building
will be the responsibility of Mr. Pattison." and delete the
rest of the sentence folowing the words "Monroe County".
Roll call vote was taken with the following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
No
Commissioner
Stormont
Yes
Commissioner
Swift
No
Mayor Harvey
Yes
Motion carried. Motion was made by Commissioner Stormont
and seconded by Commissioner Fahrer to amend the fourth
paragraph on Page 1 which begins with "NOW, THEREFORE," to
delete the words "by and through the County Administrator,".
Roll call vote was taken with the following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
No
Commissioner
Stormont
Yes
Commissioner
Swift
No
Mayor Harvey
Yes
Motion carried. Motion was made by Commissioner Fahrer and
seconded by Commissioner Stormont to amend the first sen-
tence at the top of Page 3 to add the words "of the
Planning, Zoning and Building Department in accordance with
the Monroe County Personnel Policies and Procedures"
following the word "employees". Roll call vote was taken
with the following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
No
Commissioner
Stormont
Yes
Commissioner
Swift
Yes
Mayor Harvey
Yes
Motion carried. Motion was made by Commissioner Fahrer and
seconded by Mayor Harvey to amend Article 3.2 by adding the
words "reimburseable by law." following the word "reports"
and to delete the rest of that sentence through the word
"purposes". Roll call vote was taken with the following
results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
No
Commissioner
Stormont
Yes
Commissioner
Swift
Yes
Mayor Harvey
Yes
Motion carried. The Board discussed Article 3.5 on Page 4
of the proposed Contract concerning the granting of paid
annual vacation in advance of its being earned by Mr.
Pattison. After considerable discussion, motion was made by
Commissioner Fahrer and seconded by Commissioner Stormont
that County Attorney Proby, County Administrator Lewin and
Mr. Pattison would review any problems with the proposed
Contract and present a revised Contract within one week.
During discussion, motion was withdrawn. Motion was made by
Mayor Harvey and seconded by Commissioner Swift to amend
Article 3.5 to provide for "an annual vacation of two weeks
and leave without pay for an additional week." Roll call
vote was taken with the following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
No
Commissioner
Stormont
Yes
Commissioner
Swift
No
Mayor Harvey
Yes
Motion carried. Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to approve the insertion of
DD 087
the annual salary on Page 4 in the amount of Forty Thousand
Dollars ($40,000.00). Roll call vote was taken with the
following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
No
Commissioner
Stormont
Yes
Commissioner
Swift
No
Mayor Harvey
Yes
Motion carried. Motion was made by Commissioner Fahrer and
seconded by Commissioner Swift to call a Special Meeting of
the Board on July 9th in the Commission Chambers at 310
Fleming Street in Key West at 9:00 a.m. for the purpose of
discussing the proposed Contract between Monroe County and
Charles Pattison. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
providing that the Code of Ordinances of the County of
Monroe, Florida be amended by adding a subsection to be let-
tered (c) to Section 19-101 of Article VI of said Code per-
mitting uses of seawalls in all zoned property with or
without a principal building; providing that Section
19-132.1 of Article VI of the Code of Ordinances of the
County of Monroe, Florida be amended to allow certain struc-
tures as permitted in Section 19-101(c); providing for
severability; repealing all Ordinances or parts of
Ordinances in conflict herewith to the extent of said
conflict; providing for inclusion in the Code of Ordinances;
and providing for an effective date. Proof of publication
was entered into the record. Motion was made by
Commissioner Fahrer and seconded by Commissioner Stormont to
read by title only. Motion carried unanimously. There was
no public input. Motion was made by Commisisoner Stormont
and seconded by Commissioner Fahrer to continue until the
next Public Hearing. Motion carried unanimously.
GENERAL REPORTS
Jerry Annas, Assistant Planning Director, made a
report to the Board of County Commissioners concerning the
meeting of the Local Planning Agency on July 1st and indi-
cated that the Local Planning Agency recommended that the
Comprehensive Land Use Plan and Maps be transmitted to DCA
for their review.. Motion was made by Commissioner Fahrer
and seconded by Commissioner Freeman to accept the report of
the Local Planning Agency. Motion carried unanimously.
Following discussion, motion was made by
Commissioner Fahrer and seconded by Commissioner Swift to
add to the transmittal document the following: "Monroe
County reserves the right to make any amendments to the
Draft Plan generally within the next two weeks." Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to add to the transmittal document
the following: "Monroe County will prepare and submit final
comments on commercial fishing concerns within three weeks."
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to add to the transmittal document
the following: "It is of concern to us that although data
generation is an ongoing process, we have decisions to make
for which we do not have full and complete information at
this time." Roll call vote was unanimous.
Motion was made by Mayor Harvey and seconded by
Commissioner Swift to add to the Transmittal Resolution the
following Paragraph 5: "That the urgency of this planning
has been so pressing that the Monroe County Commission
reserves to itself the right to alter, change and/or add to
the Plan as transmitted." Roll call vote was unanimous.
Motion was made by Mayor Harvey and seconded by
Commissioner Fahrer to add the word "generally" after the
word "is" and before the word "consistent" in the first
Whereas clause on Page 1 of the proposed Resolution. Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Mayor Harvey to add the words "present draft" following
the word "Plan" in the fourth Whereas clause on Page 1 of
the proposed Resolution. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Mayor Harvey to adopt and incorporate with the transmit-
tal documents to DCA the following Resolution requesting the
authorization for Monroe County to levy certain additional
tourist and real estate related taxes to ease the fiscal
impact of the proposed Comprehensive Land Use Plan;
requesting additional funds from the State for the same pur-
pose; requesting that the Legislature urge the U. S.
Congress to allow tolls on U.S. 1 for future capital impro-
vements to that highway; and providing that copies of this
Resolution be sent to certain enumerated individuals. Roll
call vote was unanimous.
RESOLUTION NO. 207-1985
See Res. Book No. 45 which is incorporated herein by
reference.
Motion was made by Mayor Harvey and seconded by
Commissioner Fahrer that the following statement will accom-
pany the transmittal of the Plan: "The mere transmittal of
this Plan by the Board of County Commissioners does not
imply the Plan's adoption in whole or in part by said Board
at this time." Roll call vote was unanimous.
Motion was made by Mayor Harvey and seconded by
Commissioner Swift to include the following comments with
the transmittal documents: "(1) A realistic cost in
updating present public services and those which will be
required in the future; (2) The loss of tax revenue from
Keys lands presently to be acquired by the Federal and State
Governments, and those planned to be acquired over the next
few years; (3) The real cost of staffing, policeing and
generally implementing the Plan as it now stands; (4) The
loss of tax revenue because of decrease of value of many
thousands of acres in Monroe County which may be caused by
the present structure of the Plan; (5) A more realistic list
of feasible methods for raising additional tax revenue,
especially from those who visit Monroe County and those who
will accomplish the continuing Build -out over the next few
years." Roll call vote was unanimous.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to adopt, as amended, the following
Resolution transmitting the Monroe County Comprehensive Plan
to the Florida Department of Community Affairs and the South
Florida Regional Planning Council. Roll call vote was una-
nimous.
i TIIEV E�
RESOLUTION NO. 208-1985
See Res. Book No. 45 which is incorporated herein by
reference.
Mr. Bill Moore discussed the Commercial Fishing
Home Occupational License and the Board's previous action.
Mayor Harvey read a letter into the record from
Representative Allen dated July 1, 1985 concerning his com-
ments on the proposed Comprehensive Land Use Plan. Motion
was made by Commissioner Swift and seconded by Commissioner
Freeman to include Representative Allen's letter with the
transmittal documents. During discussion, the motion was
withdrawn.
LEGAL DEPARTMENT
Art Skelly, Airport Director; Bruce Ritson and John
Murphy of Island Transportation Service, Inc.; and Ed Swift
of Buggy Bus/Five 6-6666 Cab Co. addressed the Board con-
cerning the proposed Franchise Agreements. Following
discussion, motion was made by Commissioner Freeman and
seconded by Commissioner Stormont directing the County
Attorney and the Airport Director to proceed to re -bid for
ground transportation at the Key West International Airport.
Roll call vote was taken with the following results:
Commissioner Fahrer
Yes
Commissioner Freeman
Yes
Commissioner Stormont
Yes
Mayor Harvey
No
Motion carried with Commissioner Swift abstaining. The
Airport Director was directed to establish criteria which
will adequately serve the public at the Airport. Motion was
made by Commissioner Swift and seconded by Commissioner
Fahrer to allow Island Transportation Service, Inc. to
operate at the Key West International Airport upon presen-
tation of proof of insurance and in accordance with the
rules and regulations of the Airport Director. Roll call
vote was unanimous. Motion was made by Commissioner Fahrer
and seconded by Commissioner Freeman that during the
interim, the Five 6-6666 Cab Co. will operate cabs and char-
ters and that Island Transporation Service, Inc. will
operate vans and charters and each will pay the County
$1,000.00 per month. Roll call vote was unanimous.
There being no further business, the meeting was
adjourned.