01/10/1986 Regular
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Regular Meeting
Board of County Commissioners
Friday, January 10, 1986
Plantation Key
A Regular Meeting of the Board of County
Commissioners convened on the above date in Plantation Key.
Present and answering to roll call were Commissioner Alison
Fahrer, Commissioner John Stormont, and Mayor Wilhelmina
Harvey. Absent from the meeting were Commissioners William
Freeman and Ed Swift. Also present were Danny L. Kolhage,
Clerk; Kermit Lewin, County Administrator; Lucien Proby,
County Attorney; Department Heads; County Staff; members 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 Fahrer and seconded
by Commissioner Stormont to approve certain add-ons to the
Agenda. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to approve the following items by
unanimous consent:
BULK APPROVALS
Board approved the Permit Application from Mark Bisnow
regarding his proposal to construct 159 l.f. of riprap
revetment along his Snake Creek shoreline.
Board approved payment of the following Fine and Forfeiture
Expenditures:
FINE & FOREFEITURE EXPENDITURES
COURT-APPOINTED ATTORNEYS, Joseph B. Wolkowsky, in
the amount of $1,700.00; L. E. Brown, in the amount of
$850.00; William Kuypers, in the amount of $1,381.25; Robert
W. Leeman, Jr., in the amount of $402.50; Henry Lee
Morgenstern, in the amount of $706.10; John P. Rotolo, in
the amount of $456.25.
OTHER EXPENSES, Montgomery County Sheriff's Office,
in the amount of $4.70; Louis J. Spallone, Clerk, in the
amount of $200.00.
COURT INTERPRETER SERVICES, Judd Barish, in the
amount of $20.00; Gilbert Suarez, in the amount of $25.00.
EXPERT WITNESS FEES, Keith R. D'Amato, Ph.D., in
the amount of $200.00; Faye Francy, in the amount of
$300.00; Richard Hellmann, Ph.D., in the amount of $250.00;
Lynn Langdale, in the amount of $133.00; Richard Matthews,
in the amount of $800.00.
WITNESS PAYROLL, Regular Witness Fees, in the
amount of $130.00; Auto Allowance and Travel, in the amount
of $1,916.52.
Board approved the following Warrants:
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WAR RAN T S
GENERAL REVENUE FUND, #45362-#45805, in the amount
of $1,050,438.74.
GENERAL REVENUE FUND, Marathon Bank, #58, in the
amount of $34,533.25.
GENERAL REVENUE FUND, First American Bank, #58, in
the amount of $109,509.78~
SUPPLEMENT TO GENERAL REVENUE FUND, #207, in the
amount of $72,995.20:-
FINE & FORFEITURE FUND, #459-#467, in the amount of
$925,088.~ -
AIRPORT OPERATION ~ MAINTENANCE FUND, #331-#334, in
the amount of $49,611.49.
ROAD & BRIDGE FUND, #382-#383, in the amount of
$250,940.~ - ----
MSD TAX DISTRICT, #719-#730, in the amount of
$707,555.44. ---
MSD, Marine Bank, Marathon, #318, in the amount of
$34,746.1-.r:-
MSD, Pledged Funds, #51-#52, in the amount of
$800,000.00.
MSD, Boulevard Bank, Summerland Key, #22, in the
amount of-r6,005.50.
MSD, Florida First National Bank, Key West, #22, in
the amounr-Qf $869.60.
LAW LIBRARY FUND, #162, in the amount of $1,597.32.
CAPITAL PROJECTS FUND, #120-#121, in the amount of
$3,534.02. ----
MONROE COUNTY GROUP INSURANCE, #114-#115, in the
amount of $117,017.38.
CARD SOUND BRIDGE FUND, #109-#110, in the amount of
$55,482.16.
WORKMENS COMPENSATION, #1728-#1748, in the amount
of $58,714.97.
TOURIST DEVELOPMENT COUNCIL, #212-#213, in the
amount of $118,115.51.
TRANSLATOR FUND, #93, in the amount of $10,741.16.
#716 BUILDING, PLANNING, CODE ENFORCEMENT, #2-#3,
in the amount of $319,604.68.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of City Electric
System for the construction of a bathroom facility for CES
Employees below the 100-Year Flood Elevation on a part of
the NW~4 of the SWV4 of 25/66S/29E - Industrial Road, Big Pine
Key; Zoned GU; Coastal Flood Zone V-12.
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Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Hidden Harbor
for the construction of a Video Store and Motel Office below
the 100-Year Flood Elevation on a part of Government
Lot-Acreage-Parcel #102300, US #1, Vaca Key; Zoned BU-2;
Coastal Flood Zone A-13, Panel 1578C.
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Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Paula Richardt
for placement of a mobile home below the 100-Year Flood
Elevation and contiguous to the surrounding mobile homes
which are not elevated to the base flood elevation located
on Lot 21, Sunset Acres, Valjean Lane, Key Largo; Zoned
RU-5; Coastal Flood Zone V-16, Panel 099C.
Board adopted the following Resolution concerning unan-
ticipated funds for the year 1984-1985.
RESOLUTION NO. 001-1986
See Res. Book No. 48 which is-rncorporated herein by
reference.
Board adopted the following Resolutions concerning unan-
ticipated funds for the year 1985-1986.
RESOLUTION NO. 002-1986
RESOLUTION NO. 003-1986
See Res. Book No. 48 which is-rncorporated herein by
reference.
~oard adopted the following Resolution transferring funds.
,
RESOLUTION NO. 004-1986
")If See Res. Book No. 48 which is-,ncorporated herein by
reference.
ITEMS FOR STAFF COMMENT
Planning, Building & Zoning
Board approved the Administrative Procedures as adopted on
December 19, 1985 by the Monroe County Zoning Board pursuant
to Section 19-20(b) of the Monroe County Code.
Board approved a request from Joe Katalinic for a Variance
to the AICUZ Zone, zoned 2B, 70-75 db on Lot 18 of Porpoise
Point Section Two, according to the plat thereof, recorded
in Plat Book 5, Page 111, of the Public Records of Monroe
County, Florida; present zoning RU-5.
COUNTY ATTORNEY
Board adopted the following Resolution changing the name of
the Marathon Airstrip to "Marathon Airport" and also
changing the title of the Airport Supervisor at said Airport
to "Airport Manager".
RESOLUTION NO. 005-1986
See Res. Book No. 48 which is-,ncorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 346-1985 and authorizing the Chairman of the Board of
County Commissioners of Monroe County, Florida to provide
that said request for $12,000 from the South Florida
Regional Planning Council is for aid money to assist Monroe
County in developing its new Land Use Plan.
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RESOLUTION NO. 006-1986
See Res. Book No. 48 which is-rncorporated herein by
reference.
Board adopted the following Resolution approving and
authorizing execution of an Agreement by and between Frank
Keevan and the Board of County Commissioners of Monroe
County, Florida, in re: Florida Boating Improvement Fund
Project to repair Daybeacons in Tavernier Creek, Oceanside,
Monroe County, Florida.
RESOLUTION NO. 007-1986
See Res. Book No. 48 which is-rncorporated herein by
reference.
Board adopted the following Resolution authorizing the
Chairman of the Board of County Commissioners of Monroe
County, Florida to execute a Sign Lease by and between
Duncan's Auto Sales, Inc. and the County of Monroe, State of
Florida.
RESOLUTION NO. 008-1986
See Res. Book No. 48 which is-rncorporated herein by
reference.
Board adopted the following Resolution authorizing the
Chairman of the Board of County Commissioners of Monroe
County, Florida to execute a Sign Lease by and between The
Key Ambassador Company and the County of Monroe, State of
Florida.
RESOLUTION NO. 009-1986
See Res. Book No. 48 which is-rncorporated herein by
reference.
Board adopted the following Resolution authorizing the
Chairman of the Board of County Commissioners of Monroe
County, Florida to execute a Sign Lease by and between Ocean
Key House and the County of Monroe, State of Florida.
RESOLUTION NO. 010-1986
See Res. Book No. '48 which is-rncorporated herein by
reference.
Board adopted the following Resolution incorporating
Biological Assessment into the record concerning the Permit
Application from Mark Bisnow regarding his proposal to
construct 159 l.f. of riprap revetment along his Snake Creek
shoreline.
RESOLUTION NO. 011-1986
See Res. Book No. 48 which is-,ncorporated herein by
reference.
Board authorized the Legal Department to advertise a Notice
Of Calling For Bids for the Monroe County Justice Building.
Board authorized the Legal Department to advertise for
Public Hearing a proposed Ordinance amending Ordinance No.
034-1985 concerning Fireworks.
COMMISSIONERS' ITEMS
Board authorized a joint meeting with the Key West City
Commission to be held at the City Hall Chapel on February 6,
1986 at 1:00 p.m.
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Board authorized the execution and adoption of a
Proclamation declaring January 20, 1986 an official holiday
in memory of Martin Luther King.
Board directed that January 20, 1986 be declared a holiday
for all Monroe County employees.
Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Social Services
County Administrator Lewin discussed the proposed
Contract between the Board of County Commissioners and the
State Department of Health and Rehabilitative Services con-
cerning the Health Clinic. Motion was made by Commissioner
Stormont and seconded by Mayor Harvey to adopt the following
Resolution authorizing execution of a Contract between the
Monroe County Board of County Commissioners and State of
Florida Department of Health and Rehabilitative Services
councerning the County Public Health Unit. Roll call vote
was unanimous.
RESOLUTION NO. 012-1986
See Res. Book No. 48 which is-rncorporated herein by
reference.
Dr. Bofil addressed the Board and thanked them for their
vote.
Engineering
_ Bob Harris of Post, Buckley, Schuh & Jernigan, Inc.
addressed the Board concerning the Local Government
Assistance Program For Roads as it relates to the project
for the Big Pine-Cross Key Road. Motion was made by
Commissioner Fahrer and seconded by Commissioner Stormont
authorizing Bob Harris, Dent Pierce and County Attorney
Proby to prepare an appropriate Resolution concerning par-
ticipation in the Local Government Assistance Program for
the Big Pine-Cross Key Road Project and also to solicit
suggestions from the other Commissioners as to other roads
which may be eligible under the Program. Motion carried
unanimously.
Planning, Building & Zoning
Director Charles Pattison addressed the Board con-
cerning his memorandum of December 30, 1985 concerning cer-
tain changes in the Building Department. He discussed a
non-refundable $250.00 fee for the purpose of processing an
Application For Permit. Motion was made by Commissioner
Fahrer and seconded by Commissioner Stormont authorizing Mr.
Pattison and County Attorney Proby to prepare the necessary
Ordinance to put into place a non-refundable $250.00 fee for
processing a Permit Application. Motion carried unani-
mously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to approve Proposal 2 in that cer-
tain memorandum of December 30, 1985 from Charles Pattison,
Director of Building, Planning & Zoning stating: "Pending
Building Applications - all files will be reviewed and
applicants given a thirty (30) day notice to correct defi-
ciencies and/or pay fees prior to the files being returned."
Motion carried unanimously.
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Commissioner Stormont briefly discussed a problem
with septic tank/cesspool regulations and HRS inspections.
Motion was made by Mayor Harvey and seconded by
Commissioner Fahrer to reconsider the Board's previous
action concerning the approval of the Zoning Board's
Administrative Procedures included in the Bulk Motion.
Motion carried unanimously. Motion was made by Mayor Harvey
and seconded by Commissioner Fahrer to remove this item from
the Bulk Motion Approval. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Stormont to amend Page 2 of the proposed
Administrative Procedures of the Zoning Board and amend the
paragraph beginning which begins with the words "Since an
applicant" by eliminating the word "no" in the third line
thereof and replacing the word "shall" in the third line
with the words "may only." Motion carried unanimously.
Attorney Fred Tittle addressed the Board concerning the pro-
posed Administrative Procedures of the Zoning Board. After
further discussion, this matter was deferred to the January
24th meeting.
COUNTY ATTORNEY
The Honorable Randall Winter, Public Defender,
addressed the Board concerning a Lease for space for his
office in the Upper Keys. Motion was made by Commissioner
Fahrer and seconded by Commissioner Stormont to adopt the
following Resolution authorizing the Mayor and Chairman of
the Board to approve and execute a Lease by and between
Ganim Realty, Inc., as Agent for Jack C. Sherrod, and the
Board of County Commissioners of Monroe County, Florida con-
cerning the Upper Keys Public Defender1s Office. Motion
carried unanimously.
RESOLUTION NO. 013-1986
See Res. Book No. 48 which is-rncorporated herein by
reference.
ITEMS FOR STAFF COMMENT
Municipal Service District
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to approve payment of $35,000.00
out of the Bond proceeds to the firm of Freeman & Richardson
for services as Bond Counsel. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Stormont to approve payment to Wm. R. Hough &
Co. in the amount of $443.00 for expenses associated with
the closing. Motion carried unanimously. Motion was made
by Commissioner Fahrer and seconded by Commissioner Stormont
to approve payment of a bill to Post, Buckley, Schuh &
Jernigan, Inc. in the amount of $3,120.00. Motion carried
unanimously.
Director Aguero discussed his work concerning the
collection of commercial accounts and enforcement being tied
to the issuance of occupational licenses.
Public Works
Bob Harris of Post, Buckley, Schuh & Jernigan, Inc.
discussed proposed plans and specifications for repair work
at the Garrison Bight Bridge. Motion was made by
Commissioner Fahrer and seconded by Mayor Harvey authorizing
Post, Buckley, Schuh & Jernigan, Inc. to proceed with the
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project consisting of $20,000.00 to $30,000.00 estimated
repairs to the Garrison Bight Bridge. Motion carried unani-
mously.
Personnel
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to approve Amendment #2 to the ori-
ginal Agreement with Risk Management dated January 27, 1984.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to approve payment in the amount of
$2,787.00 to Yo-Yo Roofing for repairs at the Courthouse.
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to approve payment of an invoice
from J.E.P. Inc. in the amount of $6,200.00 for repairs to
the Old Jail. Motion carried unanimously.
Motion was made by Mayor Harvey and seconded by
Commissioner Fahrer to approve the following appointments to
the Monroe County Fine Arts Council: Petronella Collins,
Patricia Huff and Mrs. Clavon White. Motion carried unani-
mously.
County Administrator Lewin discussed a letter from
Rick Watson concerning a proposal to serve as a lobbyist for
Monroe County.
Motion was made by Commissioner Fahrer and seconded
by Mayor Harvey to approve payment of attorney's fees to
Michael Casey of the firm of Muller, Mintz, Kornreich,
Caldwell, Casey, Crosland & Bramnick, P.A. in the amount of
$167.88 for services performed for the County concerning the
Fair Labor Standards Act amendments. Motion carried unani-
mously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to approve payment of legal ser-
vices to Karl Beckmeyer in the amount of $1,540.00. Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to authorize the Board of County
Commissioners, County Attorney Proby and County
Administrator Lewin to travel to the S.A.C.C. Mid-Winter
Conference to be held February 12 through February 14.
Motion carried unanimously.
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The Honorable Samuel (Mickey) Feiner, Mayor of Key
Colony Beach, addressed the Board concerning the Inter-local
Agreement between Key Colony Beach and Monroe County for
improvements at Key Colony Beach City Hall. He indicated
that after receipt of the bids, it was necessary for the
funds allocated to be increased by $1,500.00 due primarily
to the installation and electrical work associated with the
heating and air-conditioning system. Motion was made by
Commissioner Fahrer and seconded by Mayor Harvey authorizing
an Amendment to the Inter-local Agreement providing for an
additional $1,500.00 for the purpose of improvements at Key
Colony Beach City Hall and authorizing the Mayor to execute
same. Motion carried unanimously.
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Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to approve payment of an invoice to
Risk Control Associates, Inc. in the amount of $1,339.27 for
services performed in December, 1985. Motion carried unani-
mously.
Motion was made by Mayor Harvey and seconded by
Commissioner Fahrer to approve the following appointments to
the Handicapped Committee:
Commissioner Freeman appointed PaulO. Gomia of Marathon.
Commissioner Stormont appointed Mrs. James Dalrymple.
Commissioner Swift appointed Larry Szuch.
Motion carried unanimously.
COUNTY ATTORNEY
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to adopt the following Resolution
authorizing the Mayor and Chairman of the Board to execute
an Agreement by and between the Board of County
Commissioners of Monroe County, Florida and Karl Beckmeyer,
P.A. in connection with part-time legal assistance to be
rendered to Monroe County, Florida.
RESOLUTION NO. 014-1986
See Res. Book No. 48 which is-rncorporated herein by
reference.
COMMISSIONERS. ITEMS
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to re-appoint George Avery and Paula
Morrow to the Health Council of South Florida. Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Mayor Harvey to re-appoint Ray Capas, Rev. F. I. Lowe,
Randy Moore and Jeanne Alford to the Housing Finance
Authority. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Mayor Harvey to re-appoint the following persons to the
Licensing Examining Board: Joe Bell - Mechanical; Edward
Toppino - Engineering; Tom Holding - Electrical; James
Aultman - Contractor; David Ringemann - Plumbing. Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Mayor Harvey to re-appoint Mel Levitt, Ruth Yates and
Lawrence St. Croix to the Area-Wide Agency On Aging. Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Mayor Harvey to re-appoint Mayor Harvey to the Conflict
Committee with John Stormont as Alternate. Motion carried
unanimously.
The Board briefly discussed Administrative
Procedures. Motion was made by Commissioner Fahrer and
seconded by Commissioner Stormont to approve the
Administrative Procedures with the necessary change indi-
cating the new Meeting Schedule of the first and third
Fridays of every month and also to change the day for the
distribution of the Agenda to the Thursday preceding the
meeting on Friday. Motion carried unanimously.
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SOUNDING BOARD FOR PUBLIC INPUT
Dr. Rogers discussed a problem he was having with
obtaining an Occupational License which related to his use
of a camper for house calls and the Tax Collector's
interpretation of the County Peddler License provisions.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Stormont directing County Attorney Proby to
advise Tax Collector Knight that the type of vehicle used by
Dr. Rogers for house calls should not be confused with
peddling, that Dr. Rogers has a proper business address
and that Mr. Knight should proceed to issue an Occupational
License accordingly. Motion carried unanimously.
COMMISSIONERSI ITEMS
The Board discussed a request by the Shrine Club to
conduct the Stand Up For America Parade on February 8th at
2:00 p.m. for two hours in Marathon and the necessary clo-
sure of US 1 during that time. Motion was made by
Commissioner Stormont and seconded by Commissioner Fahrer to
approve the request subject to obtaining the proper DOT per-
mit and insurance coverages. Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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