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09/20/1985 RegularDD 183 1 11 Regular Meeting Board of County Commissioners Friday, September 20, 1985 Key West A Regular Meeting of the Board of County Commissioners convened onithe above date in Key West. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner Willi, am Freeman, Commissioner John Storm and Mayor Wilhelmina Harvey. Absent from the meeting was Commissioner Ed Swift. Also present were Danny L. Kolhage, Clerk; Kermit Lewin, County Administrator; Lucien Proby, County Attorney; Charles dguero, MSD Manager; 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. Commissioner Swift arrived at 9:40 A.M. with the meeting already in progress. PUBLIC HEARING I A Public Hearing was held on a proposed Ordinance amending Chapter 6, Article II, Division 1, Section 6-16.1, subsection (8)(i) entitled Cistern Requirements; proving for severability; providing for inclusion in the Code of Ordinances of the County of Monroe; providing that all Ordinances or parts of Ordinances in conflict with this Ordinance be repealed to the extent of any such conflict; and providing for an effective date. Proof of publication was entered into the record. Mr. Arnie Steinmetz of Marathon addressed the Board concerning the proposed Ordinance. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to adopt the proposed Ordinance. Motion carried unanimously. ORDINANCE NO. 029-1985 See Ord. Book No. 10 which is incorporated herein by reference. REQUEST TO ADDRESS THE BOARD Motion was made by Commissioner Swift and seconded by Commissioner Fahrer tojhear Item L-1 concerning Mr. Andrew M. Tobin, Attorney-at-Lawito discuss status of certain roads located in Venetian Shores at 11:30 A.M. Motion carried unanimously. j PUBLIC HEARING A Public Hearingiwas held on a proposed Ordinance amending subsection (A) and (B) and repealing subsection (D) of section 13-4 of the Monroe County Code of Ordinances per- taining to the use of Fireworks in Monroe; providing for severability; repealing a%y and all Ordinances or parts of Ordinances in conflict herewith; providing for inclusion in the Code of Ordinances of;Monroe County, Florida; and pro- viding for an effective dpte. Proof of publication was i ant, LJ IM-11 Ii 1 entered into the record. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to read by title only. There was no public input. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the proposed Ordinance. Roll call vote on the motion was unanimous. ORDINANCE NO. 030-1985 See Ord. Book No. 10 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the following items by unanimous consent: BULK APPROVALS Board approved an Agreement by and between the County of Monroe, State of Florida and Diego Torres for admission into Bayshore Manor. Board approved refund request of $100.00 to Frank Hample for applicant could apply for zoning change. STAFF REPORTS Board approved refund of $427.50 to Bill Gerberich for building permit. Board approved General Revenue/Federal Funds Contract bet- ween the State of Florida, Department of Health and Rehabilitative Services and Monroe County Social Services. LEGAL SERVICES Board approved the following Resolution establishing the Month of September, 1985 as "Recycling for Abused Children Month". RESOLUTION NO. 265-1985 See Res. Book No. 46 which is.incorporated herein by reference. Board approved the following Resolution approving and authorizing the Mayor and Chairman of the Board to execute a Supplemental Professional Services Agreement by and between the Monroe County Tourist Development Council and Keys Advertising and Marketing, Inc. RESOLUTION NO. 266A-1985 See Res. Book No. 46 which is incorporated herein by reference. Board approved the following Resolution authorizing the Mayor and Chairman of the Board to approve and execute a Radiologic Preparedness Agreement by and between the State of Florida Department of Community Affairs and the County of Monroe. RESOLUTION NO. 267-1985 See Res. Book No. 46 which is incorporated herein by reference. Board approved the following Resolution concerning Receipt of Unanticipated Funds. RESOLUTION NO. 268-1985 See Res. Book No. 46 which is incorporated herein by reference. I 1 DD 185 1 Board approved the following Resolution Transferring Funds. RESOLUTION NO. 269-1985 See Res. Book No. 46 which is incorporated herein by reference. GENERAL REPORTS Board approved Tourist Development Council Expenditures in the amount of $23,439.05, subject to the review of the Finance Department. i UNFINISHED BUSINESS Board approved the follow Mayor and Chairman of the Monroe County, Florida, t between the Board of Coun Florida, and Environmenta Addendum providing for a Sanitary Hospital Waste d ng Resolution authorizing the Board of County Commissioners of execute Addendum No. 2 by and y Commissioners of Monroe County, Pollution Control Services, said 50.00 per ton fee for any and all livered to the incinerator site. RESOLUTION NO. 270-1985 See Res. Book No. 46 which is incorporated herein by reference. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Board approved payment of;the following Fine and Forfeiture Expenditures: FINE & FORFEITURES FUNDS COURT APPOINTED ATTORNEY, Raymond 0. Bodiford, in th amount of 375.00; Larry R. Erskine, in the amount of $112.50; William Kuypers,jin the amount of $2,312.50; Jeffrey B. Meyer, in the amount of $362.50; Robert K. Miller, in the amount of t131.25. OTHER EXPENSES, William A. Freeman, Jr., Sheriff in the amount of $294.00; Smart Corporation, in the amount of $61.20'; State of Florida,,in.the amount of $132.00. COURT REPORTER SERVICE, Associated Court Reporters, in the amount of 490.55;lCertified Court Reporting Service, Inc., in the amount of $143.60; Island Reporting Service, Inc., in the amount of $21.00; Laws Reporting, Inc., in the amount of $226.60; Terry Moran, in the amount of $367.30. COURT INTERPRETER SERVICE, Juan Borges, in the amount of 115.00; Irene Fernandez, in the amount of $35.00; Washington Gay, in the amount of $210.00; Freyda Hiles, in thi amount of $67.00; Godfrey,Payne, in the amount of $35.00; Claudia Richards, in the amount of $25.00; Yolanda Valdes, in the amount of $75.00. ' WITNESS PAYROLL,,Regular Witness Fees, in the amount of 285.00; Auto Allowance and Travel, in the amount of $497.32. EXPERT WITNESS FEES, Enrique Bermudez, M.D., in the amount of 300.00; NormanjLee, in the amount of $1,236.67. 1 1 DD 186, Board approved the following Warrants: W A R R A N T S GENERAL REVENUE FUND, #40169441115, in the amount of $19186,352.94. GENERAL REVENUE FUND, FRS, #149, in the amount of $22,388.41. GENERAL REVENUE FUND, Supplement, #195, in the amount of 18,558.31. FINE & FORFEITURE FUND, #550-#551, in the amount of $2,827.85. ROAD & BRIDGE FUND, #3644365, in the amount of $339781.08. MONROE COUNTY GROUP INSURANCE FUND, #994100, in the $159803.21. CAPITAL PROJECTS FUND/CONSTRUCTION ACCOUNT, #102, in the amount of 935.39. AIRPORT OPERATION & MAINTENANCE FUND, #316-#318, in the amount of 16,857.67. MSD, Florida National Bank of Key West, #305, in the amount of $7,672.78. TRANSLATOR, #83, in the amount of $2,920.90. CARD SOUND BRIDGE REVENUE FUND, #97, in the amount of $4,560.20. - MSD, Tax District, #685, in the amount of $44,363.69. WORKMENS COMPENSATION, #1578-#1597, -in the amount of $9,115.35. TOURIST DEVELOPMENT COUNCIL, #191-#193, in the amount of 18,997.34. 1981 IMPROVEMENT BONDS, (Debt. Service), #21, in the amount of 452.48. Board approved the Minutes of the Board of County Commissioner meetings of July 31st, August 1st, August 5th, August 6th, August 8th, August 16th, August 21st, August 26th(2), and September 4th. Post, Buckley, Schuh & Jernigan presented their Annual Report for the Card Sound Road and Toll Bridge Facility. COUNTY ADMINISTRATORS REPORT Motion was made by Commissioner Fahrer and secon- ded by Commissioner Stormont to approve the bill in the amount of $325.00 to Risk Control Associates. Motion carried unanimously. Mr. Lewin discussed a letter from Post, Buckley, Schuh & Jernigan concerning repair work at the Card Sound Bridge. He advised the Board that PBS&J had recieved propo- sals from three (3) firms as follows: 1 DD 187 1 1 Upper Keys Marine j1 $24,217.00 M.A.P. Construction $24,950.00 E-3 Incorporated $29 685.43 Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to accept the recommendation of Post, Buckley, Schuh & Jernigan and award the repair work to Upper Keys Marine Construction in the amount of $24,217.00 pending approval from Department of:Environmental Regulations. Motion carried unanimously.' Mr. Lewin discussed a bill for an artist rendering of the new Justice Building',on Jackson Square. Motion by Commissioner Fahrer and seconded by Commissioner Freeman to approve an invoice from Ms.ISienna Leon in the amount of $295.85 for the artist rendering of the new Justice Building i Jackson Square. Motion carried unanimously. Motion was made by�! Commissioner Swift and seconded by Commissioner Fahrer approving the use of Sombrero Beach at Marathon by the Marathon Hotel/Motel Association on September 24th and a one -day permit for the use of Alcoholic Beverages on the premises providing that the appropriate insurance is provided to thle County reflecting the County as a co-insured. Motion carrijed unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman toIapprove Court Reporter bills in the amount of $380.00 to Terry Moran and $920.20 to Fazio. Motion carried unanimously.: Mr. Lewin and Mr.iStickney addressed the Board con- cerning Change Order #8 of,Monroe Construction Contract for the Jail addition at Jackson Square. They advised that Board that Change Order #8 was an extension of time for completion of an additional 41 days to November 1, 1985. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to approve Change Order #8 with Monroe Construction Company for the Construction of the Jail addition at Jackson Square for an additional 41 days to November 1, 1985. Roll call vote on the motion was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Mr. Lewin and Mr..!Stickney also discussed Change Order #9 concerning electrical service. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to reject Change Order #9 to the Contract between Monroe County and Monroe Construction for" the construction of the Jail addition in Jackson Square and requesting that the contrac- tor not request Change Orders for these small items and taking into consideration the positive action of the Board extending the time for completion to the Contractor to November 1, 1985. Roll call vote on the motion was unanimous. I 1 6 o 1 1 Mr. Lewin discussed the problem concerning the measurement of set -backs from the eaves as opposed to the principal building. After discussion, motion was made by Commissioner Swift and seconded by Commissioner Freeman directing the County Administrator and Mr. Charles Pattison, Director of Planning, Building & Zoning, to administratively provide for the measurement of set -backs from the main building, or any attached porch or balcony and not from the eaves. During discussion, Commissioner Swift amended the motion to provide that the eave may not come any closer than five (5) foot to the lot line and that this administrative determination be made as soon as possible. Roll call vote on the motion was taken with the following results: Commissioner Fahrer No Commissioner Freeman No Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion failed. MUNICIPAL SERVICE DISTRICT REPORT Mr. Aguero addressed the Board concerning invoices from Post, Buckley, Schuh & Jernigan. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve invoices to Post, Buckley, Schuh & Jernigan for Municipal Service District services in the amount of $18,289.85. Roll call vote on the motion was unanimous. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Stormont instructing the County Administrator to place an Item on the agenda 'as needed for reports by the County Administrator, Mr. Aguero for the Municipal Service District and for Mr. Charles Pattison concerning matters related to the Planning, Building, Zoning, and that any major items to be discussed under these agenda items be delivered to the County Commission along with the regular agenda packet. Roll call vote on the motion was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Mr. Aguero discussed a meeting that he would be attending with the Department of Environmental Regulation on October 1, 1985. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve Mayor Harvey as Mayor and Chairman, to sign Emcee Contract for $460,000.00 for a Translator for Key West, subject to the provision of an appropriate Performance Bond; providing according to law and with the approval of the County Attorney. During discussion Mr. Henry Nauberit and John Saul of Emcee addressed the Board. Roll call vote on the motion was unanimous. I. 1 1 1 1 Motion was made by;Commissioner Fahrer and seconded by Commissioner Freeman authorizing Emcee to. repair the foundations at the. Islamorada and West Summerland Towers in amount not to exceed $10,00.00. Roll call vote on the motion was unanimous. STAFF REPORTS Mr. Clarence Rogers, of Coca-Cola addressed the Board. He submitted a letter dated, August 1985 concerning delays in closing which has, affected his permit. Motion was made by Commissioner Swift;and seconded by Mayor Harvey to approve a 90-day extention ion the building permit for Coca-Cola. Roll call vote ion the motion was taken with the following results: I Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey ! Yes Motion carried. REQUEST TOIADDRESS THE BOARD Mr. Bill Gray of Cudjoe Key discussed BU-1 and BU-2 districts. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer directing the County Attorney to prepare an Amendment to the County Ordinance concerning BU-2 properties with water access and providing that charter boat fishing operations may conduct their busi- ness from said properties and be excluded from the bathroom requirements, if the boats are equiped with sanitary facili- ties; providing that they be excluded from the 150 sq. ft. building requirement, allowing for the erection of signs in accordance with the sign Ordinance; providing that no more than two (2) boats per 50 foot of shoreline be allowed; providi.ng for definition of floating charters, sport fishing operation. Roll call vote'on the motion was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Freeman toyapprove Maintenance Agreement on the Fire Alarm System at Bayshore Manor by G.S. Edwards. Mayor Harvey recognized Dick Ackers, a long time member of the Translator Board. Board discussed Addendum No. 8 to the Monroe County Justice Facility at U.S.O.Iproperty of Post, Buckley, Schuh & Jernigan joint venture with Wolfberg, Alvarez and McCoy & Associates. After discussiion, Mayor Harvey called a Special Meeting for 3:00 P.M., Sepjtember 30, 1985, at Plantation Key, for the purpose of discussing the Jackson Square impro- vements and engineering costs. I LEGAL DEPARTMENT Commissioner Fahrer discussed a proposed Resolution concerning the Coastal Barrier designation. Motion was made by Commissioner Swift and iseconded by Commissioner Freeman to approve the following amended Resolution opposing the designation of the Floridan Keys as Coastal Barrier Islands, and providing that the County does not agree with the designation of the Florida Keys in its totality as Coastal Barrier Islands; the County does recommend that only the off- DD 190 1 1 shore, unbridged and undeveloped island, be included in the proposed designation and that 1) the proposed designation reflects the inadequacy of mapping and an apparent unfami- liararity with U.S. #1, the connected islands and bridges, and 2) the proposed designation does not recognize the importance of U.S.#1 and the connected islands to the com- munities of the Keys from Key West to Key Largo and that furthermore, said designation would be detrimental to the welfare of the people living in the Florida Keys. Roll call vote on the motion was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. RESOLUTION NO. 266-1985 See Res. Book No. 46 which is incorporated herein by reference. REQUEST TO ADDRESS THE BOARD Mr. Proby advised the County Commissioner that Mr. Andrew M. Tobin, Attorney -at -Law to discuss status of cer- tain roads located in Venetian Shores could not be present. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to postpone this matter until the next Plantation Key Meeting. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Swift and seconded by Commissioner Freeman the following Resolution authorizing the execution of a Master Traffic Signal Maintenance Agreement between the State of Florida Department of Transportation and Monroe County, Florida. Roll call vote on the motion was unanimous. RESOLUTION NO. 271-1985 See Res. Book No. 46 which is incorporated herein by reference: Motion was made by Commissioner Swift and seconded by Mayor Harvey to approve the following Resolution authorizing the Clerk of the Circuit Court to collect an additional Four Dollars ($4.00) for noncriminal traffic violations to be earmarked for the County School Guard Crossing Program. Motion carried unanimously. RESOLUTION NO. 272-1985 See Res. Book No. 46 which is incorporated herein by reference. Mr. Proby discussed the present situtation in the appeal of the U.S. Homes case and that the attorneys fee for Mr. Stuart Simon's participation would be at the rate of $190.00 per/hour. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to discontinue the appeal of the case concerning U.S. Homes. Roll call vote on the motion was taken with the following results: 1 1 1 DD 191 1 1 l Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey I No Motion failed. Motion was made by Commissioner Fahrer to authorize the $190.00 per in attorney fees to the firm of Stuart Simon for the purpose of conducting the appeal on the U.S. Homes case. During discussion the motion was withdrawn. Motion was then made by Commissioner Fahrer and seconded by Commissioner Stormont request Mr. Proby to obtain an estimate of the total legal fees which could be required for the appeal of the U.S. Homes case. Roll call vote on the motion was unanimous. REPORT & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Stormont discussed the County Smoking Ordinance as it relates to the newly inacted State Law which becomes effective October 1, 1985. This matter was referred to the County Attorney. Commissioner Stormont dicussed the Building Oversight Committee and indicated he would turn the data collected by Committee over to Building and Planning Director and that the Committee would be de -activated. Commissioner Fahrer discussed the Ocean Reef Property Owners Flood Zoning Resolution. No action was taken. .I Commissioner Fahrer discussed the possible fishing workshop. This matter was postponed until January. Sandy Barrett of the Lower KeysChamber of Commerce addressed the Board concerning this matter. Commissioner Fahrer discussed the Flea Market request from the Child of'ILight Church on Stock Island. No action was taken. STAFF REPORTS The Board then returned to -the discussion of eaves as it relates to measurements concerning set -backs. Mr. Charles Pattison addressed the Board. No further action was taken. Motion was made by Commissioner Swift and seconded by Commissioner Freeman directing that the County and the realtor concerned with the proposed sale of the Southard Street property adjacent the Jackson Square, split the cost of an MAI appraisal who would be selected by the County Administrator to determine the appraised value of the Southard Street Property.; Roll call vote on the motion was unanimous. REPORT & RECOMMENDATIONS OF BOARD MEMBERS Commissioner .Fahrier and the County Attorney discussed a proposed Ordinance concerning live -a -board vessels in Marinas. Ms. Sandy Barrett, Charles Pattison, and George Moore of Marathon addressed the Board concerning this issue. No action was taken. 1 DD 192 1 1 UNFINISHED BUSINESS Motion was made by Commissioner Swift seconded by Commissioner Fahrer to appove the permit application of David Cabarrocas for a 15 ft x 116 ft. x 4 ft. boat basin on Lots 6 & 7 , Key Largo Ocean Shores, Key Largo in zoning district RU-1. Roll vote on the motion was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion carried. Board then recessed for lunch. Board reconvened with all Commissioners present, with the exception of Commissioner Swift. Mayor Harvey introduced Commander Liscomb, Commanding Officer of the Nuclear submarine U.S.S. Key West. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to add Items J-9 and J-10 to the agenda. Motion carried unanimous with Commissioner Swift not present. Motion was made by Commissioner Fahrer and'seconded by Commissioner Freeman to accept the resignation of Bill Daniels from the Industrial Development Authority and appoint Ralph W. White to fill the vacancy. Motion carried unanimously with Commissioner Swift not present. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman approved the following appointments to the Handicap Committee. Mayor Harvey nominated Mrs. Susan Frank and Frederick C. Manilo, and Commissioner Freeman nominated Jane Rodberg and Lewis Milite. Motion carried unanimously with Commissioner Swift not present. Commissioner Swift arrived with the meeting already in progress. STAFF REPORTS Mr. Charles Pattison, Director of Planning, Building, Zoning, and Code Enforcement; Mr. Charles Siemon; and Wendy Larson of the Consulting Firm producing the Land Use Plan and Map addressed the Board concerning the comments and objections to the Draft Plan from DCA and also from other agencies. They also discussed proposed responses to those objections and comments. The Chairman of the Board, and consulting engineers also discussed the time frame remaining in order to accomplish the adoption of the Land Use Plan and Maps prior to the original December 1, 1985 deadline. After discussion Mayor' Harvey directed Mr. Charles Pattison to begin discussion with the Department of Community Affairs in order -to obtain a 90-day extension from the December 1, 1985 deadline for the adoption of the Land Use Plan and Maps. During discussion of the proposed responses to the objections and comments of DCA, the other agency following individuals spoke; Mr. Bill Moore of O.F.F., Marie Landry, and Jim Lewis. 1 1 1 1 1 saA RanapH JOkPW ON �jLMS aauoLssLwwoO saA quowaO4S aauoLssLwwoO saA Uewaaa3 aauoLssLwwoO ON aa'aue3 aauoLssLwwoO :s4Lnsaa 6uLMoLLOJ age. g40 UDIP4 seM 4uaw -puawe age. u0 D40A LLeO LLoa •s;aa4uao asnge pL qO 40 4uaw -gsLLgp;sa ago aol sa;Ls (C) aaag;i JOJ apLnoad oq UOL40W ago puawe 04 upwaaa3 aauOLssLwwoO Rq papuooas pue RanaeH aoRPW Rq :apew seM UOL40W •5861 `ti aaq;0430 uo 6UL4aaW UOLssLwwoO RqunoO jo paeog ;xau age 4p pagoeaa aq o4 uoLsLoap e pup awL4 6an4nj a 4p p0,ULwaa4ap aq o4 pueL R4unoO aoauoW Uo aa4uao asnge pLL40 a 10' 4UawgsLLgp4sa ago 6uL4aod -dns 41LMS a8uOLssLWWO3 Rq papuoo;as pup aaage3 aauoLssLwwoO Rq apew seM UOL40w p `saAL�,euaa4Le Aaggo pup R4aadoad pa4sanbaa agj jo asn agq 6uLuaIaouoo uoLssnosLp anLsua4xa as;4y •uaapLL40 paLLOLwopun aoj awog a sp asn ago aol `RaN UOLgP4UP Ld 42 R;aadoad padMo RqunoO jo UOL4aod e aoj 4sanbaa aLag4 6uLua8OUoo paeo8 ag4' passaappe LuL;el puaaanaa PUP 'OUI `Aa4La4S ROua6aaw3 JO anL4P4uasaadaa d HV08 3H1 SS3HON ,Ol 1S3nbi3 uL pa4edLOL;apd pup a6pnp jo saagwaW 10 RaOwaw uL anbeLd saaUOLssLwwoO R4unoO •saLuowaaaO UOLgPOLpap ago 4uasaad aaaM ,spuaLa3. pue RLLWPJ s,zado3 •ap `zado3 ouLLLn6d aLgpaouOH @4PL ago e 10 UOLgeOLpap agq ggLm papaaooad uagq 10 papo8 age! pup RanaeH aoReW Sa38W3W HV08 30 SN0IlH6N3WW003a I idOd3a •puoOas a }o JOEL aoj, paLp UOL40W •4uawa6upaae LL04 a aapun U@JPq sL ppoa ago ss,aLun T#'S'n 40 aOupuaquLew PUP saLpdaa JOI R4tLLgLsuodsaa awnsse ;ou R4unoO aoauoW 4P44 44LMs aauOLssLwwoO Rq apew seM UOLgow d •paLLe4 uOL40W ON RanapH aoReW ON JJ. MS aauoLssLwwoO saA 4uouiao4s aauoLssLwwoO ON uewaaa3 aauoLssLwwoO saA aaage3 aauoLssLwwoO :s4Lnsaa 6uLMOLL01 ago g4LM UOL40w ago uo U@JPq seM 8'40n LLeO LLoa •UOL4paapLs -uoO aag40 pue `sLL04 `saal 4,opduL jo asn aq; Rq k4uno0 aoauoW Rq 6uLpunj jo UOL4edLOL4.Ae:d Ao� paaapLsuoo aq TVs-n 04 4uaw8noadwL papaau qpg; aaagp;3 aauoLssLwwoO Rq papuooas pue 4UOWJ04S A@UOLSSLWWOO Rq appui spM UOL4OW 'paLLpj UOLgOW ON i RanapH AORPW saA �,,J. MS A@UOLSSLWWOO ON 4uowao4S aauoLssLwwoO saA ueuiaaa3 aauoLssLwmoO ON aa,agp3 aauoLssLwwoO :s;Lnsaa 6ULMOLLOJ ago g; LM uaJe; seM UOL40W ago ,uo @40A L LeO L L Oa ' T#' S' fl 4o 4uawaopLdaa ao aOueua4uLiew pup aLedaa JOI R;LLLgLs -uodsaa awnssp 4ou k4uno0 aoauoW 4e44 uewaaa3 AaUOLssLWWOO Rq papuoOas pue ;J} MS A@UOLjssLWWOO Rq apew seM uoL40W 'UMeap44LM seM UOL40W uOLssnOsLp,6uLana •;uawa6upaap LLO; p aapun u@IP4 sL peoa age. ssaLun T#'is* fl �o saLedaa aoJ R4LLgLs -uodsaa awnssp qou RqunoO aoauoW #q4 aaage3 aauoLssLwwoO Rq papuoOas pup gjLMS A@UOLSSLWWOO R,,q appw sum uoL�oW L, CGT QQ 1 1 Motion carried. Roll call vote on the original motion as amended 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 Mayor Harvey and seconded by Commissioner Freeman to approve the following Resolution sponsored by the Daughters of the American Revolution. establishing Constitution Week September 17th thru September 23rd. RESOLUTION NO. 273-1985. See Res. Book No. 46 which is incorporated herein by reference. STAFF REPORTS The.Board again discussed the requested Addendum #8 to the Engineering Contract by and between Monroe County and Post, Buckley, Schuh & Jernigan joint venture with Wolfberg Alvarez, and McCoy & Associates. No action was taken. PUBLIC HEARING Motion was made by Commissioner Swift and seconded by Commissioner Freeman declaring an emergency exists; waiving the requirements of advertising under the provisions of Florida Statutes 125.66; creating a Municipal Service Taxing Unit (District) for the purpose of providing financing for Planning, Zoning and Building Study, per- mitting and enforcement; providing for district powers; pro- viding for the levy of Ad Valorem taxation; providing for restrictions on the District's spending and taxing authori- ty; providing for Referendum on certain forms of idebted- ness and for levies not to exceed two years which may cause total district Millage to exceed 10 mills; confirming existing Contracts; providing for severability; providing for inclusion in the Monroe County Code of Ordinance; pro- viding for the repeal of all Ordinances or parts of Ordinances in conflict herewith; and providing for an effec- tive date. Mr. Proby discussed the need for the emergency Ordinance. Motion carried unanimously. There was no public input. Motion was made by Commissioner Swift and seconded by Commission Freeman to read by title only. Motion carried unanimously. Motion was then made by Commissioner Swift and seconded by Commissioner to approve the Emergency Ordinance. Roll call vote on the motion was unanimous. ORDINANCE NO. 031-1985 See Ord.. Book No. 10 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance Amending Chapter 19 of the Code of Ordinances providing for an Amendment to section 19-279(b)(4) entitled "Approach Zone °and amending subsection e. Therefore to prbvide'for an increase in Clear Zones for runway 9, Key West International Airport and Runway 25, Marathon Flight Strip; providing for severability; repealing all'Ordinances or parts of I. DD 195 Ordinances in conflict with this Ordinance to the extent of said conflict; providing fo"r inclusion in the Code; and pro- viding an effective date. 'Proof of Publication was entered into the record. Motion waslmade by Commissioner Swift and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. There was no public input. Motion made by Commissioner` Fahrer and seconded�by Commissioner Stormont to continue until the next Public Hearing and also to delete ;in Section 1 which reads, "Permitted height limitations within the approach zones for Port Largo Airport is to be, the same as the height of runway 7 at the inner boundary and; increase at the rate of one foot vertically for every twenty (20) feet horizontal distance." Motion carried unanimously. There being no fu1ther business, the meeting was adjourned. 1 1 Budget Hearing Board of County Commissioners Monday, September 20, 1985 Key West 5:00 P.M. A Budget Hearing of the Board of County Commissioners convened on the above date in Key West. Present and answering to r,pll call were Commissioner Alison Fahrer, Commissioner Willi°am Freeman, Commissioner John Stormont, and Mayor Wilhel'mina Harvey. Absent form the meeting was Commissioner Ed Swift. 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. Clerk advised the' County Commission that this was an informal hearing called' for the purpose of receiving input only on the Tentative Budget of the County and all its Funds for fiscal 1985-1986. Clerk advised the Board and the Public of the Status of the Tentative Budget and all of the associated millages including the Tentative Aggregate Millage Rate of 6.3756 as compared to the -roll -back rate of 4.9603 repre- senting a 28.53% tax increase. The Board proceeded to a discussion of the Veterans Affairs Office. Mr.-HankVKokenzie, Director of the. Department of Veterans Affairs addressed the Board and opposed any consolidation of his Department which is the Social Services Department. Jerry Parrish, Chairman of the Veterans Council; John Bigler, Attorney and Judge Advocate for Author -Sawyer Post ofithe American Legion; Gene Miller, Commander of the Am Vets;'John Sofer, of the VFW in Marathon; Kurt Wilkins, a,,Key West resident; Mickey Lohlein of the VFW of the Middle Keys; Bill Kraft, Commander of the American Legion in Marathon; John Mayne, Chairman of the Disabled American Veterans; Art Espinola, Latin American Chamber of Commerce; Chester Conner, American Legion; William O'Conner, Vets Council; Jim Flenner, Veteran and a local realtor; James McCormick; David Frances, past President of the Fleet Re -serve; and Walter Petruska addressed the Board concerning this matter and all opposed any consolidation of the Yeterans Affairs Office with the Social Service Department;.. Mayor Harvey then called for any further comments concerning any other part. -of the Boards Tentative Budget for fiscal year 1985-1986. M,r. William O'Conner addressed the Board concerning the Civi°l Defense Department. Mr. Al Dameron discussed the Budget and Tax Increase. Mr. Al Freid of the the Tax payers League of the Florida Keys addressed thi Board concerning the high rate of taxes. Erol Verol, of Legal Aid addressed the Board concerning Legal Aid Budget. Mr. Ron Herron, of HRS discussed the Legal Aid Budget. Mr. Lewis Allen addressed the, Board concerning the Legal Aid Budget. Mr. Jerry Parrish addressed the Board concerning the Budget. Mr. Leonardo F. Michael, Attorney addressed the Board concerning the Legal Aid Budget. There being no further business the Budget Hearing was adjourned. 1