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03/21/1986 Regular FF 059 Regular Meeting Board of County Commissioners Friday, March 21, 1986 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened on the above date at the Marathon Courthouse. Present and answering to roll call were Commissioner John Stormont, Commissioner Ed Swift, and Mayor Pro Tem Alison Fahrer. It was announced that Commissioner William Freeman was on vacation and Mayor Wilhelmina Harvey was home ill. Also present were Danny L. Kolhage, Clerk; Kermit Lewin, County Administrator; Lucien Proby, County Attorney; Department Heads; County Staff; mem- bers of the Press and Radio; and the general public. All stood for the Invocation and the Pledge of Allegiance to the Flag. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to approve the following items by unanimous consent: BULK APPROVALS Board approved payment of the following Fine and Forfeiture Expenditures: FINE & FORFEITURE EXPENDITURES COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard Hellmann, Ph.D., in the amount of $325.00; John P. Mihalovich, Ph.D., in the amount of $125.00; Tanju T. Mishara, Ph.D., in the amount of $300.00. COURT-APPOINTED ATTORNEYS, L. E. Brown, in the amount of $350.00; Jeffrey B. Meyer, in the amount of $137.50; Henry Lee Morgenstern, in the amount of $300.00. OTHER EXPENSES AND COSTS, State of Florida, in the amount of $476.95. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $969.85; Robert Fazio, in the amount of $1,431.05; Florida Keys Reporting, in the amount of $105.00; Helen L. Hardy and Associates, Inc., in the amount of $323.00; Terry Moran, in the amount of $1,017.50. COURT INTERPRETER SERVICES, Manuel J. Marcial, in the amount of $105.00; Osana Nodal, in the amount of $25.00. EXPERT WITNESS FEES, Florida Keys Memorial Hospital (re Darene Cahill), in the amount of $100.00. WITNESS PAYROLL, Regular Witness Fees, in the amount of $155.00; Auto Allowance and Travel, in the amount of $1,159.50. Board approved the following Warrants: WARRANTS GENERAL REVENUE FUND, #48104-#48652, in the amount of $745,107.90. FF 060 GENERAL REVENUE FUND, Boulevard Bank, #152, in the amount of $219,248.91. GENERAL REVENUE FUND, Marathon Bank, #59, in the amount of $4,037.29. GENERAL REVENUE FUND, First American Bank, .59, in the amount of $3,830.00. SUPPLEMENT TO GENERAL REVENUE FUND, '213, in the amount of $20,465.67:- FINE & FORFEITURE FUND, .477-#478, in the amount of $858,823.~ - AIRPORT OPERATION & MAINTENANCE FUND, #341-'343, in the amount of $10,044.40. ROAD & BRIDGE FUND, #391-#392, in the amount of $136,802.~ - ---- MSD TAX DISTRICT, #324-#325, in the amount of $2l,694.0~ --- MSD, Marine Bank, Marathon, #755, in the amount of $48,403.7S:- MSD, Boulevard Bank, Summerland Key, #23, in the amount of $21,785.73. LAW LIBRARY FUND, #167, in the amount of $795.10. CAPITAL PROJECTS FUND, #131-#133, in the amount of $1,472.36. ---- MONROE COUNTY GROUP INSURANCE, #121-#122, in the amount of $115,679.76. CARD SOUND BRIDGE FUND, #118, in the amount of $807.92. WORKMENS COMPENSATION, #1812-#1825, in the amount of $13,987.55. TOURIST DEVELOPMENT COUNCIL, #234-#238, in the amount of $30,589.05. TRANSLATOR FUND, #98, in the amount of $6,564.68. CROSS KEY WATERWAY, .29, in the amount of $91.22. #715 MARINERS HOSPITAL, #02, in the amount of $1,639.70:--- #716 PLANNING, ZONING, BUILDING, CODE ENFORCEMENT, #04, in the amount of $18,096.34. Board approved payment of $450.00 to Lopez Funeral Home for the Pauper Burial of Ediberta DeValle. Board approved, per staff recommendations, the Application for Variance to the Flood Hazard Ordinance of Capt. Jerry Hill for the enclosure of crawl space below the building on Lot 16, Block 5, Geiger Mobile Homes, Tamarac Park, Geiger Key; Zoned BU-l; Coastal Flood Zone A-lO, Panel 1733. Board approved, per staff recommendations, the Application pp- 06 1 ...... for Variance to the Flood Hazard Ordinance of Porpoise Point Estates, Inc. for the enclosure of 1120 square feet of break-away construction below each unit, total of 16 units for Phase I, on Tract B, Porpoise Point Estates, US #1 and Jade Drive, Big Coppitt Key; Zoned BU-2 and RU-4; Coastal Flood Zone A-lO. - Board approved, per staff recommendations, the Application for Variance to the Flood Hazard Ordinance of George J. Thoman, for the placement of a trailer below the 100-Year Flood Elevation and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation on Lot 1, Block 51, SANDS, Corner of 3rd street and Avenue I, Big Pine Key; Zoned RU-l with a trailer variance; Coastal Flood Zone V-12, Panel 1537. ITEMS FOR STAFF COMMENT Airport Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Sign Lease by and between the County of Monroe, State of Florida, and Five 66666 Cab Company, Inc. RESOLUTION NO. 082-1986 See Res. Book No. 49 which is incorporated herein by reference. Regarding Marathon Airport AIP-05 Runway and Lighting Project, per recommendation of the Airport Director, Board approved final payment to W. T. Enterprises in the amount of $6,436.83 and final payment to The Brewer Company of Florida, Inc. in the amount of $58,902.10. Building, Planning ~ Zoning Board approved refund in the amount of $4.50 to P. E. Phillips inasmuch as the Land Use Plan Maps ordered and paid for by him were never received. Personnel Board approved payment of two invoices dated February 1, 1986 and March 1, 1986 in the amounts of $450.00 and $337.50, respectively, to Risk Control Associates, Inc. for services rendered. Municipal Service District BoardadoPted the following Resolution approving and authorizing the Chairman of the Board to execute an Addendum to Franchise Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Bland Disposal Service, Inc. RESOLUTION NO. 083-1986 See Res. Book No. 49 which is incorporated herein by reference. Board adopted the following Resolution approving and authorizing the Chairman of the Board to execute an Addendum to Franchise Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Island Disposal Company, Inc. FF062 RESOLUTION NO. 084-1986 See Res. Book No. 49 which is incorporated herein by reference. Board adopted the following Resolution approving and authorizing the Chairman of the Board to execute an Addendum to Franchise Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Keys Sanitary Service. RESOLUTION NO. 085-1986 See Res. Book No. 49 which is incorporated herein by reference. Board adopted the following Resolution approving and authorizing the Chairman of the Board to execute an Addendum to Franchise Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Marathon Garbage Service. RESOLUTION NO. 086-1986 See Res. Book No. 49 which is incorporated herein by reference. Board adopted the following Resolution approving and authorizing the Chairman of the Board to execute a Franchise Agreement by and between the Board of County Commissioners of the Municipal Service District and Baltuff Disposal Service, Inc. RESOLUTION NO. 087-1986 See Res. Book No. 49 which is incorporated herein by reference. Board adopted the following Resolution approving and authorizing the Chairman of the Board to execute a Franchise Agreement by and between the Board of County Commissioners of Municipal Service District and Waste Management of Florida, Inc. d/b/a Florida Disposal Company. RESOLUTION NO. 088-1986 See Res. Book No. 49 which is incorporated herein by reference. Board adopted the following Resolution approving and authorizing the Chairman of the Board to execute a Franchise Agreement by and between the Board of County Commissioners of the Municipal Service District and Ocean Reef Club, Inc. RESOLUTION NO. 089-1986 See Res. Book No. 49 which is incorporated herein by reference. Civil Defense Board adopted the following Resolution approving and authorizing execution of Agreement i86EM-40-ll-54-l0-036 by and between the State of Florida Department of Community Affairs and Monroe County pertaining to emergency management assistance. RESOLUTION NO. 090-1986 See Res. Book No. 49 which is incorporated herein by reference. FF 063 Extension Service Board granted authorization to advertise for bids on the following projects: Vaca Cut - Gulfside; Ramrod Key Approach; Hammer Point Harbor Entrance; and Marathon Park Channel. ........... Social Services Board approved and authorized execution of an Agreement by and between the Board of County Commissioners and Anita Sallas for the purpose of nutrition consultation in the Older Americans Act, Title III-C, Nutrition Program for 1986. COUNTY ATTORNEY Board approved payment of invoices totaling $600.00 to Karl Beckmeyer, Attorney, for professional services rendered in connection with the following cases: Friends of the Everglades v. Monroe County, State of Florida v. Franque, State of Florida v. Smith, and state of Florida v. Romero. Board granted authorization to advertise for Public Hearing a proposed Ordinance regarding the 9ll/Stand Alone Automatic Identification Emergency Service System in Monroe County. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Letter of Intent by and bet- ween Southern Bell Telephone and Telegraph Company and the County of Monroe, State of Florida, concerning the implemen- tation of the Enhanced 9ll/Stand Alone Automatic Identification Emergency Service System in Monroe County, Florida. RESOLUTION NO. 091-1986 See Res. Book No. 49 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Addendum to Lease pertaining to the Lease entered into on the 7th day of February, 1986, by and between Harry E. and Elvira F. Mahoney and the Board of County Commissioners of Monroe County, Florida. RESOLUTION NO. 092-1986 See Res. Book No. 49 which is-rncorporated herein by reference. COMMISSIONERS' ITEMS Board adopted the following Resolution expressing Monroe County's gratitude to Jack Horkheimer for the activities in which he is engaged concerning the viewing of Halley's Comet. "..,."...,.,.. RESOLUTION NO. 093-1986 See Res. Book No. 49 which is incorporated herein by reference. Board postponed for two weeks consideration of a Resolution to strive for Federal Revenue Sharing Funds. Board postponed for two weeks discussion concerning the purchase of Truman School through substantial income rental. FF H64 Motion carried unanimously. ITEMS FOR STAFF COMMENT Building, Planning ~ Zoning Director Charles Pattison discussed the final contract payment to Charles Siemon in accordance with the provisions of the State Grant. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to authorize the final payment to Siemon, Larsen & Purdy pur- suant to the terms of the state Grant. Motion carried una- nimously. Mr. Pattison discussed the occupational license permitting process and the required Health Department review of sewage systems in connection with business property. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to refer this matter to Director Pattison, County Administrator Lewin, County Attorney Proby, Building Official Herman and Tax Collector Knight, and to temporarily suspend enforcement of Section 19-123 of the Code until further study can be made. Motion carried una- nimously. Director Pattison then discussed the Landings of Largo Project. Dorr Foxx of the Building Department also discussed the Project and changes made to the plan of the Project. Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to schedule a hearing on the changes made to the Project for the next Commission meeting and to notify all interested parties. Roll call vote was taken with the following results: Commissioner Stormont Commissioner Swift Mayor Pro Tem Fahrer No Yes Yes Motion carried. Mr. Pattison discussed Impact Fees and a draft of an Ordinance which had been prepared by Mr. Siemon and referred to the County. Motion was made by Commissioner Swift and seconded by Commissioner Stormont directing Mr. Pattison to work with the County Attorney and prepare a pro- posed Impact Fee Ordinance for advertisement. Motion carried unanimously. Mr. Pattison discussed the proposed relocation of Zoning Board meetings to Key Colony Beach. No action was taken. Engineering Bob Harris of Post, Buckley, Shuh & Jernigan discussed negotiations with the low bidder on the Monroe County Justice Building Project, Hewitt-Kier. He advised the Board that the revised low bid was now $1,620,000.00. Sheriff Freeman addressed the Board and indicated that he could provide out of his current year's budget the sum of approximately $300,000.00 to be used towards the additional cost of the Criminal Justice Building. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to approve the low bid of $1,620,000.00 and award the contract for the Criminal Justice Building to Hewitt-Kier Construction, Inc. with the Sheriff producing the short-fall between the current appropriated amount for that facility FF 065 and the contract price out of excess fees from the Fiscal Year 1985-1986. Motion carried unanimously. Mayor Pro Tem Fahrer directed County Administrator Lewin to meet with City officials concerning the possible exemption of County property from proposed height limita- tions. ~._;. Building, Planning ~ Zoning Director Pattison discussed the Mobile Home Ordinance and requested clarification of some of the provi- sions of that Ordinance. During conversation, the Board agreed that the provisions of the Ordinance pertained to replacement only. The Board discussed a proposed workshop concerning the Mobile Home Ordinance provisions. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to call for a Workshop on the Mobile Home Ordinance on April 4, 1986 from 3:00 p.m. to 4:00 p.m. at Plantation Key. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to adopt the following Resolution amending Resolution No. 027-1986 to provide that "All per- mitted and authorized uses of BU-l and BU-2 Districts shall be permitted in BU-3 Districts." Motion carried unani- mously. RESOLUTION NO. 094-1986 See Res. Book No. 49 which is incorporated herein by reference. Airport Jack Murray, principal of Island City Flying Service, addressed the Board concerning a renewal of the lease and work that they propose to do at their facility at Key West International Airport. This matter was referred to Airport Director Art Skelly and staff for further recommen- dations. Building, Planning ~ zoning Motion was made by Commissioner Swift and seconded by Commissioner Stormont to authorize the advertisment for Public Hearing of a proposed Ordinance regarding a $250.00 non-refundable building application fee. Motion carried unanimously. Airport Bruce Ritson of Maxi-Taxi, Airport Director Art Skelly, and the Board discussed the rules of operation of the taxi services at the Key West International Airport. After considerable discussion, this matter was referred to the Airport Director to produce written rules of operation. Commissioner Swift discussed the Conch Flyer Restaurant and the request for beautification of an area adjacent to the restaurant. John Richman, representing the Conch Flyer, addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to authorize the Conch Flyer Restaurant to beautify and improve the area next to the restaurant and that the representatives of the Conch Flyer work with Airport Director Art Skelly to accomplish this. Motion carried unanimously. FF 066 Social Services Director Louis LaTorre discussed reductions in some of the Federal programs due to the Gramm-Rudman Act and notices received from the Area Agency on Aging for Dade and Monroe Counties. Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem Fahrer to appropriate the sum of $13,4S8.00 from Contingency for the period of April 1 through September 30 of 1985-1986 to meet any short-falls due to operation of the Gramm-Rudman Act and based upon the notices received by the Area Agency on Aging and $4,496.00 fran next year's budget.. :Mel I.eavitt addressed the Board. Roll call vote was unanirrous. Building, Planning ~ zoning Mayor Pro Tem Fahrer discussed the procedure for having a zoning change on County property at Plantation Key. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to postpone this matter. Motion carried unanimously. Mayor Pro Tem Fahrer discussed the HRS rule on experimental septic systems in transitional wetlands and opposed this practice. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to amend the Board's previous motion and call for a Workshop on the Mobile Home Ordinance at 6:30 p.m. and a Workshop on the new HRS rules concerning experimental septic systems in wetlands at 7:30 p.m. on April 4th at Plantation Key Government Center. Motion carried unanimously. Personnel Motion was made by Commissioner Swift and seconded by Commissioner Stormont to approve classification of the following fifteen positions for the Planning, Building and Zoning Department: one Capital Improvements Coordinator; one Environmental Resources Coordinator; one Land Use Coordinator; three Building Coordinators; one Planning Coordinator; one Contractor Licensing Aide; three Building Aides; three Building Clerks; one zoning Clerk. Motion carried unanimously. Building, Planning ~ Zoning Director Pattison discussed the work his office was doing in making copies of the Land Use Plan. SOUNDING BOARD FOR PUBLIC INPUT C. B. McHugh discussed sponging in the Keys and gave a report on activities currently underway towards changing the existing law concerning the diving for sponges in Monroe County. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to authorize Commissioner Swift to bring a Resolution concerning the diving for sponges in Monroe County back to the Board for its con- sideration in two weeks. Motion carried unanimously. ITEMS FOR STAFF COMMENT Municipal Service District MSD Director Aguero discussed the bids received for MSD and recommended that the bid be awarded to The FF 067 Porter-Allen Company, as it was the only bid to meet speci- fications. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to award the bid for MSD insurance to The Porter-Allen Company at the following pre- miums: Buildings, Contents and Machinery Contractors Equipment Electronic Data Processing Equipment Public Employees Blanket Bond Comprehensive Crime $19,999.00 $10,995.00 $ 1,088.00 $ 1,017.00 $ 140.00 Motion carried unanimously. Extension Service Motion was made by Commissioner Swift and seconded by Commissioner stormont to reconsider the Board's previous action concerning the Dodge Lake Boat Ramp repairs. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to conduct a re- hearing concerning repairs to the Dodge Lake Boat Ramp at the next Marathon meeting, with proper notice to all interested parties. Motion carried unanimously. Emergency Services Director Reggie Paros made a report to the Board concerning the status of the Islamorada Ambulance Service and the lack of qualified volunteers. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to direct Emergency Services Director Paros to proceed to pro- vide basic life support for District 4-A and 4-B with four paid EMT/Drivers through the end of the current fiscal year. Motion carried unanimously. COUNTY ATTORNEY County Attorney Proby discussed the New Jail Facility. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to accept the New Jail Facility and also to approve a Change Order to the Contract to provide for the modification of the locking system and additional razor wire in the total amount of $5,653.00 and also require a letter from the Sheriff as concerns his request for the change in the locking system. Motion carrried unanimously. The Board recessed for lunch. * * * * * The Board reconvened at 2:37 p.m. COUNTY ATTORNEY ~... Sheriff Freeman and County Attorney Proby discussed the New Jail Facility. The Sheriff advised the Commission that he would proceed to occupy the New Jail Facility prior to the modification of the locking system but that the Board should be aware that in the unlikely event of total loss of power, a serious security situation might exist. FFo68 COMMISSIONERS' ITEMS Commissioner Stormont discussed the reported intent of the Cable Franchisee in Monroe County to use the cable signal for resale. County Attorney Proby made a report to the Board concerning his recent trip to Washington, D.C. concerning the possible issuance of a license on a channel which might interfere with the Translator System. Frank Shortman of the Translator Board discussed the County's need to exercise its option to purchase the System and recom- mended that the County exercise that option. Motion was made by Commissioner Stormont and seconded by Commissioner Swift that the County exercise its option to purchase the Translator System according to the provisions of the Lease-Purchase Agreement. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance extending the moratorium on major developments permitted under Chapter 6 of the Code of Ordinances of Monroe County, and amending Ordinance Nos. 025-1983, 015-1984, 029-1984, 009-1985 and 033-1985; to provide for an extension of the provisions of the aforesaid Ordinance No. 025-1983, Ordinance No. 015-1984, Ordinance No. 029-1984, Ordinance No. 009-1985 and Ordinance No. 033-1985 until July 15, 1986 or until the Land Use Plan is adopted and made effective, whichever occurs first; concerning those major development applications that have received preliminary approval as per Chapter 6 of the Monroe County Code of Ordinances as of this date; giving reasons and the cause for an extension of said moratorium; stating why it is needed and necessary; pro- viding for the length of time for said extension of the moratorium and providing for the steps taken to alleviate said condition; providing for certain exceptions of applica- tions which have received preliminary approval for develop- ment under Chapter 6, Article VII, of the Monroe County Code; providing that no application which has not received preliminary approval shall be processed and no new applica- tions for major development shall be accepted; providing for certain exceptions to said Ordinance; providing for the severability of each and every provision hereof; providing for the repeal of any Ordinances or parts of Ordinances in conflict herewith; providing that said Ordinance shall become part of the Code of Ordinances of Monroe County, Florida; providing for an effective date hereof; and pro- viding for the ratification of any restrictions and/or mora- toriums heretofore approved. Proof of publication was entered into the record. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to continue to the next Public Hearing. Motion carried unanimously. COUNTY ADMINISTRATOR County Administrator Lewin discussed the request from Florida Keys Aqueduct Authority to meet with the Board concerning modifications to the water supply system for the purpose of providing enhanced fire protection capabilities. The Board discussed a possible meeting with Florida Keys Aqueduct Authority on Thursday, April 3, 1986, at 3:00 p.m. and this meeting date and time would be confirmed by Mr. Lewin. Motion was made by Commissioner Swift and seconded FF 069 by Commissioner Stormont to approve payment of bills from Post, Buckley, Schuh & Jernigan in the amounts of $46,500.00; $2,042.89; and $22,047.99. Motion carried una- nimously. Mr. Lewin discussed the Hog's Breath 1000 Hobie Cat Race and their request to use Switlik Beach on May 17th from 5:00 p.m. to 10:00 p.m. Motion was made by Mayor Pro Tem Fahrer and seconded by Commissioner Stormont to approve the use of Switlik Beach on May 17th from 5:00 p.m. to 10:00 p.m. for the Hog's Breath 1000 Hobie Cat Race. Roll call vote was taken with the following results: Commissioner Stormont Commissioner Swift Mayor Pro Tem Fahrer Yes No Yes Motion carried. Mr. Lewin discussed the intention of Florida Department of Transportation to install fifty-three street lights on North Roosevelt Boulevard and the City's response that the County should be responsible for the payment of the electric bills to support those lights in an approximate amount of $10,000.00 per year. Motion was made by Commissioner Swift to approve the request. During discussion, the motion was withdrawn. Motion was made by Commissioner Swift to postpone this matter. Motion died for lack of a second. Motion was then made by Mayor Pro Tem Fahrer to direct County Administrator Lewin to question the City about a joint participation of the City and County for payment of the cost of electricity for the lights. During discussion, motion was withdrawn. Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to postpone. Motion carried unanimously. The Board directed Mr. Lewin to revise the survey on street lights in light of safety, crime and the con- siderations of US #1. Commissioner Stormont advised the Board of the resignation of Marsha Gordon from the Handicapped Committee and nominated Patty Anderson to serve in her place. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to accept with regret the resignation of Marsha Gordon from the Handicapped Committee and to appoint Patty Anderson to serve as her replacement. Motion carried unani- mously. The County Administrator advised the Board that he had received bids for the advertisement of the delinquent personal and real property tax roll as follows: The Key West Citizen The Keynoter $1.15 per line $1.20 per line ,.....",..,.... Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to approve the proposal from The Key West Citizen for the advertisment of the delinquent real and per- sonal property tax roll at $1.15 per line. Roll call vote was unanimous. COUNTY ATTORNEY County Attorney Proby discussed the Translator channel allocation problem and his recent visit to Washington, D.C. to investigate the matter. He advised the FF 070 Board that Mr. Mullen, the attorney representing the County before the FCC concerning the Translator, was the same attorney representing the group in Miami seeking to obtain a channel allocation which would interfere with the Translator System. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to cancel the retainer with the firm of Mullen, Connor & Rhyne for the Translator System. Motion carried unanimously. Motion was then made by Commissioner Stormont and seconded by Commissioner Swift to authorize the County Attorney to proceed with discussions with Mr. Cohen as to any potential conflicts with the Translator channel allocation and possible solutions. Motion carried unanimously. Mr. Proby advised the Board that the County had received a $15,000.00 settlement from the Errors and Omissions policy concerning the Bizjak case. Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to adopt the following Resolution setting date, time and place for Public Hearing for proposed abandonment of a portion of Third Lane located in Winston Waterways, Key Largo, Monroe County, Florida. RESOLUTION NO. 095-1986 See Res. Book No. 49 which is incorporated herein by reference. COUNTY CLERK Motion was made by Commissioner Swift and seconded by Mayor Pro Tem Fahrer to grant the request of the Tax Collector and approve the issuance of duplicate Tax Sale Certificates - Numbers 1935, 1936 and 1985 - for the year 1985 inasmuch as said Certificates had been stolen from the owner. Motion carried unanimously. COMMISSIONERS' ITEMS Mayor Pro Tem Fahrer discussed an amendment to the Occupational License Ordinance to provide for the issuance or re-issuance of occupational licenses only upon presen- tation of evidence of payment of MSD charges. This matter was referred to the County Attorney. Mayor Pro Tem Fahrer called for a meeting con- cerning Capital Improvements needs for Thursday, April 3rd, at 9:00 a.m. at 310 Fleming Street, Key West. There being no further business, the meeting was adjourned. * * * * *