01/24/1986 RegularEE 160
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Regular Meeting
Board of County Commissioners
` Friday, January 24, 1986
Marathon
A Regular Meeting+of the Board of County
Commissioners convened on the above date at the Marathon
Courthouse. 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; 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.
The Board discussed the meeting originally sche-
duled, but not advertised for this date, concerning garbage
rates. Motion was made by',Commissioner Swift and seconded
by Commissioner Freeman to discuss garbage rates on February
7th as advertised at the Public Hearing. Roll call vote was
unanimous.
Charles Pattison announced for the record the can-
cellation of the Map Meeting originally scheduled for
January 25th and rescheduling of that meeting to January
30th at 12:00 Noon at Key Colony Beach.
Mr. Pattison then.introduced Robert Herman, the new
Building Director.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve all add-ons to the Agenda.
Motion carried unanimously'.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve the following items by una-
nimous consent:
BULK APPROVALS
Board approved payment in the amount of $462.40 to
Martin-Vegue Funeral Home for the Pauper Burial of Infant
Girl Mosley.
Board approved payment in the amount of $570.00 to Beyer
Funeral Home for the Pauper Burial of Unknown White Male.
Board approved and authorized the Mayor to execute a new
Agreement between Bayshore Manor a/k/a Monroe County Home
and Pedro Diaz.
Board approved the follow ing Warrants:
W A R R A N T S
GENERAL REVENUE FUND, #45806-#46635, in the amount
of $2,082,144.70.
SUPPLEMENT TO GENERAL REVENUE FUND, #208, in the
amount of 7,368.98.
FINE & FORFEITURE FUND, #468-#469, in the amount of
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$1,724,973.80.
AIRPORT OPERATION
amount of 5 825.05.
MAINTENANCE FUND, #335, in the
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ROAD & BRIDGE FUND,1 #384-#386 in the amount of
$46,910.13.
MSD TAX DISTRICT ,#319, in the amount of
$33,564.57. 5
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MSD, Marine Bank,IMarathon, #731-#739, in the
amount of-$-213,553.77. p
LAW LIBRARY FUND,#163, in the amount of $1,531.17.
1981 IMPROVEMENT BONDS, Debt Service, #41, in the
amount of 92,989.37.
CAPITAL PROJECTS FUND, #122, in the amount of
$5,441.58.
MONROE COUNTY GROU.;P INSURANCE, #116, in the amount
of $29,654.12.
CARD SOUND BRIDGE�FUND, #111, in the amount of
$3,186.70.
WORKMENS COMPENSATIION, #1749-#1765, in the amount
of $15,276.18.
TOURIST DEVELOPMENT COUNCIL, #214-#221, in the.
amount of 30,035.04.
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TRANSLATOR FUND, #h94, in the amount of $13,361.08.
CROSS KEY WATERWAY;, #26, in the amount of $240.51.
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#715 MARINERS HOSPaITAL, #1, in the amount of
$4,387.80.
#716 BUILDING, PLANNING, CODE ENFORCEMENT, #4, in
the amount of 30,993.20. '
MONROE COUNTY GULJ DRIVE, #2, in the amount of
$382.05.
Board approved payment of tihe following Fine and Forfeiture
Expenditures:
FINE & FOREJITURE EXPENDITURES
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OTHER EXPENSES, Louis J. Spallone, Clerk, in the
amount of 200.00.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of 1,011.05; Court Reporting
Services, Inc., in the amount of $249.40; Florida Keys
Reporting, in the amount of $2,798.50; Helen L. Hardy and
Associates, Inc., in the amount of $600.40; Terry Moran, in
the amount of $668.40. i
COURT INTERPRETERySERVICES, B. Juli Barish, in the
amount of 80.00; Jerome B., Grape], in the amount of $40.00;
Humberto Jimenez, in the amount of $180.00; Manuel J.
Marcial, in the amount of $275.00; Maria Sardina, in the
amount of $70.00.
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WITNESS PAYROLL, Regular Witness Fees, in the
amount of 90.00; Auto Allowance and Travel, in the amount
of $195.00.
Board approved Minutes of the following meetings of the
Board of County Commissioners: October 29, 1985; October
319 1985; November 1, 1985; November 7, 1985; November 13,
1985; November 15, 1985; November 25, 1985; December 6,
1985; December 10, 1985; December 11, 1985; December 12,
1985; December 18, 1985.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Santiago
Arencibia for the construction of 179 square feet of enclo-
sure below the single-family residence below the 100-Year
Flood Elevation on Lot 4, Block 5, Amended Plat of Coppitt,
Avenue "G", Big Coppitt Key; Zoned RU-1; Coastal Flood Zone
A-10.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Fred Coburn
for the placement of a trailer below the 100-Year Base
Elevation on Lot 23, Block 1, Lake Surprise Estates, Grassy
Road, Key Largo; Zoned RU-1 - Trailer Variance 1/23/68;
Coastal Flood Zone V-16.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Irene and
David H. Dickson to enclose a portion of the area below the
100-Year Flood Elevation for storage, less than 300 square
feet, on Lot 24, Block 5, Plantation Island, 211 W. Seaview
Drive, Duck Key; Zoned RU-1-M; Coastal Flood Zone V-17.
Board approved, per staff recommendations; the Application
for Variance to the Flood Hazard Ordinance of Emil Larache
to enclose 299 square feet below the 100-Year Flood
Elevation at the single-family residence on Lot 13, Block
10, Porpoise Point, Section 6, Tamarind Drive, Big Coppitt;
Zoned RU-1; Coastal Flood Zone A-10 (9') and V-12 (111).
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Marine Bank of
Monroe County to build an enclosure of 8" concrete block
below the 100-Year Flood Elevation on three sides at Lot 14,
Block 1, Summerland Key Cove, US #1, Summerland Key; Zoned
BU-2; Coastal Flood Zone V-12.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of David S. &
Judy A. Shepard and Brooks W. & Susan R. Thommes for the
construction of a proposed warehouse below the 100-Year
Flood Elevation on part of NW1/4 of SW1/4 of Section 25/66S/29E,
Industrial Road, Big Pine Key; Zoned BU-3-Y; Coastal Flood
Zone V-12.
Board approved, per staff recommendations, the Application
for Variance to the Flood Hazard Ordinance of Donald H.
Spoerl for the construction of an enclosure of 299 square
feet below the 100-Year Flood Elevation at the single-family
residence located on Lot 105, Sugarloaf Shores, Sectin F,
Banyan Lane, Sugarloaf Key; Zoned RU-1; Coastal Flood Zone
V-12.
ITEMS FOR STAFF COMMENT
Building, Planning & Zoning
Board approved, per staff recommendations, the Application
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For Permit from Cecelia Van`Sant to fill a man-made boat
basin at Lot 5, Block 8, Ve;netian Shores, Plantatin Key;
Zoned RU-1. 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 authorizing the Mayor
and Chairman of the Board o'f County Commissioners of Monroe
County, Florida to execute a Sign Lease by and between the
County of Monroe, State of Florida and Rahn Management, Inc.
d/b/a Pier House.
RESOLUTION
See Res. Book No. 48 which is
reference.
NO. 019-1986
incorporated herein by
Board adopted the following; authorizing the Mayor and
Chairman of the Board of County Commissioners of Monroe
County, Florida to approve and execute an Agreement by and
between the Board of County.Commissioners of Monroe County,
Florida and the Mental Health Care Center of the Lower Keys,
Inc. in connection with funding for mental health care ser-
vices and Baker Act transportation for the citizens of the
Lower Keys, Monroe County, Florida.
RESOLUTION NO. 020-1986
See Res. Book No. 48 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 approve an execute an Agreement for Baker
Act Matching Funds by and between the Board of County
Commissioners of Monroe County, Florida and the Mental
Health Care Center of the Lower Keys, Inc. for Baker Act
services to be rendered to the citizens of the Lower Keys,
Monroe County, Florida.
RESOLUTION NO. 021-1986
See Res. Book No. 48 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 approve and execute an Agreement by and
between the Board of County;Commissioners of Monroe County,
Florida and the Guidance Clinic of the Middle Keys, Inc. in
connection with fundding for mental health care services and
Baker Act transportation for the citizens of the Middle
Keys, Monroe County, Florida.
RESOLUTION NO. 022-1986
See Res. Book No. 48 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 approve and execute an Agreement for
Baker Act Matching Funds by'and between the Board of County
Commissioners of Monroe County, Florida and the Guidance
Clinic of the Middle Keys, Inc. for Baker Act services to be
rendered to the citizens ofithe Middle Keys, Monroe County,
Florida.
RESOLUTION NO. 023-1986
See Res. Book No. 48 which is incorporated herein by
reference.
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Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board of County Commissioners of Monroe
County, Florida to approve and execute an Agreement by and
between the Board of County Commissioners of Monroe County,
Florida and the Monroe Alcoholism Rehabilitation Center.
RESOLUTION NO. 024-1986
See Res. Book No. 48 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 approve and execute an Agreement by and
between the County of Monroe, Florida and the Monroe
Association of Retarded Citizens.
RESOLUTION NO. 025-1986
See Res. Book No. 48 which is incorporated herein by
reference.
COMMISSIONERS' ITEMS
Board authorized the Legal Department to advertise for
Public Hearing a proposed Ordinance concerning Parking
Spaces.
Board accepted a check in the amount of $30,000.00 from the
Southernmost Humane Society, Inc. as a donation and contri-
bution to animal welfare in Monroe County. This donation
was given to the Board under the following conditions:
That the funds be deposited in a special capital
improvement account of the Board.
That the Board of County Commissioners match this
donation with a similar amount to be placed in
this special fund.
That the $60,000.00 be spent on capital improve-
ments and repairs at the facility which the County
leases from the City on stock Island.
That the County as soon as practicable commence
with expenditure of these funds to alleviate the
existing conditions.
That the County permits the Society to place a
plaque on the building at their expense honoring
certain of their past presidents whose efforts
made the donation possible.
Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Swift to approve, per staff recom-
mendations, the Application for Variance to the Flood Hazard
Ordinance of Amoco Properties, Inc. for the construction of
170 square feet of enclosure below the 100-Year Flood
Elevation at the residence located on Lots 1 and 2, Revised
Plat of Sunrise Cay III, Sunrise Cay Drive, North Key Largo;
Zoned RU-1 and M.D.; Coastal Flood Zone V-21. Motion
carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to approve, per staff recommen-
dations, the Application for Variance to the Flood Hazard
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Ordinance of Robert and Pau; -la Furick for the construction of
290 square feet of enclosure below the 100-Year Flood
Elevation under the existing single-family residence located
on Lot 19, Block 6, Pine CWannel Estates, Saratoga Avenue,
Big Pine Key; Zoned RU-1; Coastal Flood Zone V-12; due to
the structure being less than 300 squre feet. Motion
carried unanimously.
ITEMS FOR'STAFF COMMENT
Engineering
Motion was made byiCommissioner Swift and seconded
by Commissioner Fahrer to adopt the following Resolution/
Application of Monroe County, Florida to District VI of the
Florida Department of Transportation for 20% matching funds
under the Local Government Cooperative Assistance Program
for the proposed "Cross Big,Pine Key Arterial Access Road"
Project, all as provided fo'r by Florida Statute 335.20 and
Rule Chapter 14-89, Florida,Administrative Code, as adopted
by the F.D.O.T. implementing this program.
RESOLUTION NO. 026-1986
See Res. Book No. 48 which (is incorporated herein by
reference.
Ai rport
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve Change Order No. 1 for
W. & T. Enterprises, Inc. in the amount of $205255.00 in
connection with Marathon Airport, AIP No. 3-12-0044-05.
Motion carried unanimously.s
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Airport Director Skelly discussed delinquent
Airport accounts. He specifically discussed the accounts of
Air Cargo America, Gull Airtlines and Southern Express. He
advised the Board that Southern Express had filed for pro-
tection under Chapter 11 of;the Bankruptcy Laws and, at that
time, owed Monroe County $18,000.00 in Airport fees. The
Board discussed several methods of dealing with delinquent
Airport accounts including the requirement of a payment of
three months' advance rental to be held on deposit.
Bob Ernst of the Middle Keys Citizens Association
addressed the Board concerning service and delinquent
accounts.
Building, Planning & Zoning
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Mr. Pattison advised the Board that he had not yet
received a notice from DCA concerning the Board's request
for an extension of time fo'r the adoption of the Land Use
Plan.
Motion was made by,Commissioner Swift and seconded
by Commissioner Freeman to `approve the Application for
Variance to Flood Hazard Ordinance of Anthony Frick,
Circle K for the construction of a commercial building to be
built below the 100-Year Flood Elevation. on Tract 1, Peacon-
Leatherson Tract, US Highway #1, Islamorada; Zoned BU-2;
Coastal Flood Zone V-17. Roll call vote was taken with the
following results:
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Commissioner
Fahrer
Yes
Commissioner
Freeman
Yes
Commissioner
Stormont
No
Commissioner
Swift
Yes
Mayor Harvey
No
Motion carried.
Mr. Pattison discussed his memorandum of January
23, 1986 concerning pyramiding in BU-3 zones. Motion was
made by Commissioner Fahrer and seconded by Commissioner
Swift authorizing the County Attorney to prepare and the
Chairman to execute the following Resolution concerning the
pyramiding of BU-1 and BU-2 uses in BU-3 zones and also
authorizing him to proceed with the necessary amendments to
the Zoning Ordinance. Fred Tittle, attorney, addressed the
Board. Roll call vote was unanimous.
RESOLUTION NO. 027-1986
See Res. Book No. 48 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to approve, per staff recommen-
dations, the Application for Variance to Flood Hazard
Ordinance of Sombrero Resort for the enclosure of elevator
and stairway on part of Parcel 2, Sombrero Properties,
Sombrero Boulevard, Key Vaca; Zoned BU-2 and M.D.; Coastal
Flood Zone A-13 - Panel 1579C. Roll call vote was unani-
mous.
Municipal Service District
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve payment to Paramount
Press for printing of the Municipal Service District
Refunding Improvement Bonds, Series 1985, in the amount of
$10,322.96 from proceeds of the Bond Issue. Roll call vote
was unanimous.
Mr. Aguero discussed property insurance. Motion
was made by Commissioner Swift and seconded by Commissioner
Freeman authorizing Mr. Aguero to advertise for bi.ds for
property insurance for the MSD. Motion carried unanimously.
Mr. Aguero then discussed letters that he had sent
to interested certified public accounting firms concerning
the audits of the Franchisees as provided for in the
Franchise Agreements. Mayor Harvey scheduled February 7th
at 12:00 Noon as a time certain for the purpose of listening
to proposals from qualified independent certified public
accountants for the purpose of performing audits of the
Franchisees. Fred Tittle, attorney representing the
Franchisees, addressed the Board concerning the matter.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Stormont directing Mr. Aguero to write a letter
to the interested certified public accounting firms to
describe the work to be done and the specifications to
include the requirements contained in the existing Franchise
Agreements. Roll call vote was unanimous.
Mr. Aguero discussed necessary repairs to the Key
Largo incinerator which he estimated to be between $5,000.00
and $10,000.00. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to authorize Mr. Aguero to
proceed with refractory repairs in the amount of approx-
imately $3,500.00. Roll call vote was unanimous.
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Motion was made b,, Commissioner Swift and seconded
by Commissioner Fahrer to authorize two weeks' annual leave
for Mr. Aguero in February.; Motion carried unanimously.
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COMMISS'-IONERS' ITEMS
Mr. Meyer discussJd a request for a turn lane on
Cudjoe Key. Motion was made by Commissioner Fahrer and
seconded by Commissioner Sw.;ift to adopt the following
Resolution petitioning the Department of Transportation to
include in the 1986 Budget 'the use of contingency funds to
create a left turn lane on Route #1 at Spanish Main Drive on
Cudjoe Key, Monroe County, 'Florida.
RESOLUTIOIN NO. 028-1986
See Res. Book No. 48 which 'is incorporated herein by
reference.
ITEMS FOR�STAFF COMMENT
Personnel
Paula Rodriguez addressed the Board concerning a
proposed change from a semi'' -monthly to a bi-weekly pay
period. Mrs. Rodriguez advised the Board of the changes to
the calendar which would require a ten-day holdback to be
instituted over the next seen months. Motion was made'by
Commissioner Swift and seconded by Commissioner Stormont to
authorize the change in the9County pay period to be bi-
weekly and authorizing the advertisement of an amendment to
the County Ordinance to provide for a bi-weekly pay period
and also authorizing the accrual of an additional one day
sick and annual leave. Rol}] call vote was unanimous.
Social Services
�and
SOUNDING BOAFOR PUBLIC INPUT
Dr. David Rice addrressed the Board concerning his
application for a Community Services Block Grant. Merilee
McCoy, a member of the Boar of Directors of Hospice, intro-
duced Elizabeth Kern, the Executive Director of Hospice, who
addressed the Board concerning their request for Community
Services Block Grant funding. Motion was made by
Commissioner Swift and seconded by Mayor Harvey to approve
submission of the Community Services Block Grant Application
for Guidance Clinic of the Middle Keys, Inc. for April 1
through September 30, 1986.+ Roll call vote was taken with
the following results:
Commissioner Fahrer No
Commissioner Freeman No
Commissioner Stormont Yes
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Commissioner Swift Yes
Mayor Harvey Yes
Motion carried.
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SOUNDING BOARD FOR PUBLIC INPUT
Don Mathis of Southern Bell addressed the Board and
made'a presentation concerning the E911/SALI System which
has been undergoing a test installation in the Plantation
Key area. Sue Manana of Southern Bell also addressed the
Board concerning this system. This matter was referred to
the County Attorney and Emergency Services Director to pur-
sue the possibility of funding this through the Special
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Taxing Districts. Mr. Lewin was requested to provide infor-
mation concerning the breakdown of the calls between fire,
ambulance and police. No further action was taken.
ITEMS FOR STAFF COMMENT
Extension Service
Ben Roche, property owner on Harbor Drive in the
vicinity of the Dodge Lake Boat Ramp, addressed the Board
and opposed the repair and reconstruction of the ramp.
Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to disapprove the Dodge Lake Boat Ramp
Project and direct the County Attorney to begin the removal
of the existing boat ramp. During discussion, the motion
was withdrawn. Bob Ernst,, resident in the area, addressed
the Board and opposed the Project and requested that DOT
replace the boat ramp at Marathon Shores which was displaced
by the four-laning and that they work with the neighbors to
landscape the area of the Dodge Lake Boat Ramp Project for
use by the neighborhood. Ralph Aquino addressed the Board
and supported the replacement and repair of the ramp at
Dodge Lake. Judy Sharp, area resident, addressed the Board
and supported the Dodge Lake Boat Ramp Project. Motion was
made by Commissioner Swift and seconded by Commissioner
Freeman to conduct Public Hearings on the Dodge Lake Boat
Ramp Project at the next Marathon meeting. Roll call vote
was unanimous.
SOUNDING BOARD FOR PUBLIC INPUT
Dr. Nicholas addressed the Board concerning his
report and the critique of that report by Dr. Hammer. He
presented additional information to the Board of County
Commissioners (the information presented to the Board was
not presented to the Clerk for the record). Al Fried of the
Taxpayers' League addressed the Board. George Kundtz of Key
Colony Beach addressed the Board concerning the report. No
action was taken.
The Board recessed the Regular Meeting.
MUNICIPAL SERVICE TAXING DISTRICT #2
BOARD OF GOVERNORS
A meeting of the Board of Governors of Municipal
Srvice Taxing District #2 convened. Present and answering
to roll call were Commissioner Fahrer, Commissioner Feiner,
Commissioner Freeman, Commissioner Radom, and Mayor Harvey.
Also present were Danny L. Kolhage, Clerk; Kermit Lewin,
County Administrator; Lucien Proby, County Attorney; members
of the Press and Radio; and the general public.
ITEMS FOR STAFF COMMENT
Emergency Services
Motion was made by Commissioner Feiner and seconded
by Commissioner Fahrer to approve repairs to the 1979 GMC
Rescue/Mini Pumper, Vehicle 1433-3, Marathon Fire Department
totaling $3,523.00 in accordance with Director Paros'
memorandum dated January 14, 1986:, Pages 1 and 2 - all
costs for purchase of necessary materials - $1,408.00; Page
3 - repair and modification of lightbar and air hours on cab
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roof - $165.00; Page 4 - repair and/or modification of door
switches and compartment lights, electrical circuit to rear
strobe lights, and back-up light circuit - $275.00; Page 5 -
compartment work; repair and modification to all compart-
ments - $1,125.00; Page 6 -addition of all safety devices
listed (does not include replacement of four rear tires) -
$550.00. Motion carried unanimously.
Motion was made by;Commissioner Fahrer and seconded
by Commissioner Freeman to approve the purchase of a new
air -conditioner for Marathon Firehouse #2, per State
contract price if possible.] Motion carried unanimously.
Motion was made byCommissioner Fahrer and seconded
by Commissioner Freeman to deny the request to purchase
office equipment as set out'in Director Paros' memorandum
dated January 6, 1986. Motion carried unanimously.
The Board then discussed the proposed Contract with
Fishermen's Hospital for Ambulance Services for District #2.
Motin was made by Commissioner Feiner and seconded by
Commissioner Radom to adopt the following Resolution
authorizing the Chairman ofithe Board of Governors of
Municipal Service Taxing District #2 to approve and execute
an Agreement by and between;,Municipal Service Taxing
District #2 and Fishermen's'Hospital, Inc. for the purpose
of operating an Ambulance Service from the Hospital premises
in Marathon, Florida to service an area generally described
as being between Little Duck Key, approximate Mile Marker
39, and Long Key Bridge, approximate Mile Marker 66,
including the City of Key Colony Beach; with an amendment
to provide that the Hospital will submit a report every six
months of the money that they receive on delinquent
accounts. Motion carried unanimously.
RESOLUTION NO. 029-1986
See Res. Book No. 48 which is incorporated herein by
reference.
The Board discussed County purchasing procedures
and their application to District #2. The Board decided
that the newly -adopted Administrative Procedures concerning
purchasing for the rest of the County would not be
appropriate for District #2; No further action was taken.
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The Board then discussed consultants to analyze
District costs and services? Motion was made by
Commissioner Feiner and seconded by Commissioner Fahrer to
recommend Emergency Services Director Paros to go forward
and prepare a scope of work1for consultants to analyze
District costs and services and to prepare necessary
Requests For Proposals. Motion carried unanimously.
The Board of Governors of District #2 adjourned.
The Board of County Commissioners reconvened with
all Commissioners present.
PUBLIC HEARING
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A Public Hearing was held on a proposed Ordinance
amending Ordinance No. 013-1984 by the addition of three (3)
new sections to be numberediSection 6, Section 7 and Section
8, and entitled "Determination And Itemization Of Audited
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Debt," "Directions For Payment Of Audited Debt," and
"Disbursement Of Excess Of Audited Debt Amount;" providing
for severability; providing for the repeal of all Ordinances
or parts of Ordinances in conflict with this Ordinance; and
providing an effective date. 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 Stormont and
seconded by Commissioner Swift to adopt the Ordinance. Roll
call vote was unanimous.
ORDINANCE NO. 001-1986
See Ord. Book No. 11 which is incorporated herein by
reference.
A Public Hearing was then held on a proposed
Ordinance providing for the payment of $3,600.00 to Robert
Duffy, Esquire for services rendered to the Career Service
Council during the Fiscal Year 1984-1985; stating the type
of services rendered to the Career Service Council; pro-
viding for severability; repealing all Ordinances or parts
of Ordinances in conflict herewith to the extent of said
conflict; and providing an effective date. Proof of publi-
cation was entered into the record. Mayor Harvey asked for
public input and received none. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
adopt the Ordinance. Motion carried unanimously.
ORDINANCE NO. 002-1986
See Ord. Book No. 11 which is incorporated herein by
reference.
A Public Hearing was then held on a proposed
Ordinance repealing the current Sections 6-177 through 6-194
of the Monroe County Code; creating new Sections 6-177
through 6-197; providing a legislative purpose; providing
for definitions; adopting the Federal Emergency Management
Agency Maps showing Areas of Special Flood Hazard; requiring
certain information from Building Permit Applicants desiring
to build in Areas of Special Hazard; providing for certain
construction standards for structures erected in those
zones; providing for duties and responsibilities of the
Director of Planning, Building and Zoning in regard to
construction within such Special Flood Hazard Zones; pro-
viding for rules of interpretation of district boundary
lines; providing for variances in certain circumstances from
the application of this Article; providing for appeals of
administrative decisions made under this Article; providing
that the requirements of this Article shall be cumulative to
all other existing laws and ordinances touching on any
construction in Areas of Special flood Hazard and not
pre-emptive; providing for compliance; repealing special
laws in conflict with this Article to the extent of
conflict; providing for Grandfathering; providing for a pro-
hibition on basements and for certain below floor uses; pro-
viding for severability; providing for incorporatin into the
Monroe County 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 Swift to read by title only. Motion carried
unanimously. There was no public input. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
continue to the next Public Hearing. Motion carried unani-
mously.
A Public Hearing was held on a proposed Ordinance
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amending Section 6-16.1(7)lof the Monroe County Code of
Ordinances, pertaining to amendments to the Standard
Building Code, in order toprovide for additional construc-
tion standards for Veterinary Clinics and Hospitals; pro-
viding for severability; prloviding for inclusion in the
Monroe County Code of Ordinances; providing for the repeal
of all Ordinances or parts;,;of Ordinances in conflict with
this Ordinance; and providi;ing for an effective date. Proof
of publication was enteredinto the record. Motion was made
by Mayor Harvey and seconded by Commissioner Swift to read
by title only. Motion carried unanimously. The following
individuals spoke: Dr. Jim Greene of the Marathon
Veterinary Clinic favored t;he proposed Ordinance; Dr. Robert
Defield of the Veterinary Keys Animal Hospital spoke in
opposition; and Sara Shaner,, Bill Guess, Julia Opinski,
Barbara Brader, Charles Jo4nson, Pat Joseph, Susie Gessart,
Shirley Garrett, Margaret Garza, Dr. G. Esra, Hank Shaner,
Jack Smith and Ruth Comstock all spoke in favor of the pro-
posed Ordinance. Motion was made by Commissioner Fahrer and
seconded by Commissioner Stormont to adopt the Ordinance
with an amendment to provide that it will pertain only to
BU-2Q and BU-2R properties.; During discussion, motion was
made by Mayor Harvey and seconded by Commissioner Freeman to
continue for two weeks. Roll call vote was taken with the
following results:
Commissioner�Fahrer
No
Commissioner Freeman
Yes
CommissioneriStormont
Yes
Commissioner!Swift
Yes
Mayor Harvey-
Yes
Motion carried.
COUNTY' ADMINISTRATOR
r
County Administrator Lewin advised the Board that
he had received notice from the insurance carriers that the
County's Umbrella Public Li�lability and Public Officials
Insurance coverage would be cancelled effective March 15th.
Motion was made by Commissioner Swift -and seconded by
Commissioner Freeman to declare an emergency due to the can-
cellation of the County's Umbrella Public Liability and
Public Officials Insurance.y Motion carried unanimously.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman authorizing County Administrator Lewin
to seek proposals to place the insurance coverage for the
Umbrella Public Liability and Public Officials Insurance.
Roll call vote was unanimous.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to'approve payment of a bill from
Post, Buckley, Schuh & Jernigan, Inc. in the amount of
$15,933.51. Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner SJFift to approve payment of a bill
from Post, Buckley, Schuh & Jernigan, Inc. for Card Sound
Bridge in the amount of $3,096.70. Motion carried
unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Swift to approve a Contract between
Monroe County and Construction and Repair Specialists of
Florida, Inc. in the amount of $15,700.00 for the repair of
West Martello Towers and directing County Administrator
Lewin to pursue participation from the Garden Club and any
EE 172
other sources of funding. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve a Certificate of Public
Convenience and Necessity for Ambulance Service at
Fishermen's Hospital. Motion carried unanimously.
Mr. Lewin presented a report and discussed with the
Board concerning the Board's direction to discontinue street
lights. Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift directing the County Administrator to
proceed to turn off the street lights as listed in the
report. During discussion, the second was withdrawn and the
motion died for lack of a second. Mayor Feiner of Key
Colony Beach and Attorney Fred Tittle addressed the Board
concerning this matter. Motion was made by Commissioner
Freeman and seconded by Commissioner Fahrer to postpone this
item for two weeks. Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board then discussed outstanding appointments.
Commissioner Swift nominated David Kaufelt as his appoint-
ment to the Library Board. Motion was made by Commissioner
Swift and seconded by Mayor Harvey to confirm the appoint-
ment of David Kaufelt to the Library Board. Motion carried
unanimously. Commissioner Swift nominated Dr. Philip Dobert
to the Redevelopment Agency Board. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
confirm the appointment of Dr. Philip Dobert to the
Redevelopment Agency Board. Roll call vote was unanimous.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve the payment of legal fees
to the firm of Vernis, Bowling in the amount of $2,093.89
for insurance litigation. Motion carried unanimously.
Mr. Lewin then discussed the state of Code
Enforcement administration with the recent indictment of Ron
Stack, the Supervisor of the Department. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
adopt the following Resolution approving a Contract with
Attorney John R. Collins to work approximately two days per
week on cases before the Code Enforcement Board. Motion
carried unanimously.
RESOLUTION 029A-1986
See Res. Book No. 48 which is incorporated herein by
reference.
PUBLIC HEARING
A Public Hearing was held on a proposed Ordinance
amending Section 19-5 of the Monroe County Code in order to
provide a definition of Veterinary Clinics; amending Section
19-217.1 and 19-217.2 by permitting Veterinary Clinics in
BU-2Q and BU-2R Zones; providing for severability; providing
for the repeal of all Ordinances or parts of Ordinances in
conflict with this Ordinance; providing for inclusion in the
Code of Ordinances of Monroe County; and providing for an
effective date. Proof of publication was entered into the
record. Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to read by title only.
Motion carried unanimously. There was no public input.
Motion was made by Commissioner Fahrer and seconded by
d�
1
1
EE - 173
1
I
Commissioner Freeman to continue to the next scheduled
Public Hearing. Roll call tote was unanimous with
Commissioner Swift not present.
G
COUNTY ADMINISTRATOR
Mr. Lewin addressed the Board concerning proposals
received for refrigeration 6rk in the Administration
Building on Fleming Street in Key West. He advised that he
had received proposals from'Parker Refrigeration in the
amount of $7,372.00 and KeyuWest Electrical Repair in the
amount of $8,000.00. Motin'�was made by Commissioner Fahrer
and seconded by Commissioner Freeman to approve the proposal
from Parker Refrigeration in the amount of $7,372.00 for
air-conditioning work at the Administration Building on
Fleming Street in Key West., Motion carried unanimously.
Motion was made by,Commissioner Fahrer and seconded
by Commissioner Stormont to adopt Administrative Order #1-31
regarding Holidays for Christmas and New Year's with an
amendment providing that if Christmas and New Year's fall on
Sunday, the following Monday will be taken as a holiday.
Motion carried unanimously.,
COUNTY ATTORNEY
County Attorney PrQby discussed the MacMillan and
Corona cases. He also discussed the Key Largo Airport
zoning matter and activities on Enchanted Island near Key
Haven. The County Attorney discussed the need for co -
counsel to review the Federal litigation concerning
Enchanted Island and the Board's position in the matter.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman authorizing the County Attorney to
employ, if necessary, Kenneth Risecamp as co -counsel to
review the Federal litigation concerning Enchanted Island.
Motion carried unanimously.
Agenda Item F-2 concerning permission to advertise
a proposed Ordinance pertaining to abandoned vehicles was
withdrawn.
The Board discussed Legislative Delegation
requests. Bob Harris of Post, Buckley, Schuh & Jernigan,
Inc. discussed possible legislation concerning the Florida
Keys Aqueduct Authority's jurisdiction over sewer opera-
tions. Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to r,'equest the Legislative
Delegation to pursue legislation which would remove the
Florida Keys Aqueduct Authority's jurisdiction over sewer
facilities. Motion carried;,unanimously.
Motion was made by;Mayor Harvey and seconded by
Commissioner Freeman to adopt the following Resolution
requesting the Monroe County Legislative Delegation to have
enacted a Special Act repealing Chapter 65-1942, Laws of
Florida. 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
d
Yes
EE 174
RESOLUTION NO. 030-1986
See Res. Book No. 48 which is incorporated herein by
reference.
The Board discussed Animal Shelter Contract changes
made by the City of Key West. Motion was made by
Commissioner Fahrer and seconded by Commissioner Swift to
postpone consideration of this item for two weeks until the
next Key West meeting. Motion carried unanimously.
COUNTY CLERK
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to accept the Amended Report of the
monroe County Sheriff's Office relating to forfeited.contra-
band articles for the quarter ending December 31, 1985.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor Harvey made an announcement concerning the
availability of SBA loans to fishermen for damages received
during Hurricane Kate.
Bob Harris of Post, Buckley, Schuh & Jernigan, Inc.
made a report on the status of the four-laning project on
US 1 and presented the present schedule for the contracts
which had been let. Mr. Harris advised the Board that he
had received information that an Administrative Appeal had
been filed with the Department of Environmental Regulation
but had no further specifics concerning that matter. Fred
Tittle, attorney representing Mayor "Mickey" Feiner of Key
Colony Beach addressed the Board. Bob Ernst and Bob
Skerritt also addressed the Board concerning this matter.
No action was taken.
AWARDING OF BIDS
Dent Pierce, Acting Public Works Director, advised
the Board that the County had received the following two
bids for Roadway Improvements, Stock Island Roads II - 7th,
8th, 9th & 12th Avenue, Robyn Lane, Stock Island:
The Brewer Co. of Fla, .Inc. $63,000.00
9801 N.W. 106th Street
Miami, Florida 33178
Frank Keevan & Son, Inc. $82,977.00
2nd Street, Stock Island
Key West, Florida 33040
Mr. Pierce recommended that this project be awarded to the
lowest bidder. Motion was made by Commissioner Fahrer and
seconded by Commissioner Swift to accept the bid and
authorize the execution of a Contract with The Brewer Co. of
Fla., Inc. for Roadway Improvements, Stock Island Roads II,
in the amount of $63,000.'00. Motin carried unanimously.
The Clerk advised the Board that he had received
one bid within the time requirements stated in the Notice Of
Call For Bids for the Remount, Refurbishment and
Modification of a Type III Ambulance for Municipal Service
Taxing District #6 and that bid was from Aero Products, Inc.
in the total amount of $32,760.00 with the following
options:
I
�l
1
EE 1`75
1
1
1
Option
1i
$ 970.00
Option
2`
600.00
Option
31
375.00
Option
4
350.00
Option
5:
375.00
Option
6�
1,100.00
Option
7,
(-1,800.00)
Option 8i NO CHARGE
The Clerk further advised the Board that one bid had been
received subsequent to the time specified for the filing of
the bids and was therefore not opened. That bid was EVF,
Inc. Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to waive the irregularity and direct the
Clerk to open the bid from EVF, Inc. The Clerk proceeded to
open the Board and advised the Board that the bid from EVF,
Inc. was in the amount of $j6,044.00. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
refer to staff for recommendation. Motion carried unani-
mously.
The Board discussed the award of a bid for a Lease
of approximately 1.74 acres lof land located immediately west
of the Government Center at Plantation Key, Monroe County,
for the constructin of a building for the purpose of
creating a Child Abuse Center. The Clerk advised the Board
that he was in receipt of on'e bid from Dominic F. Cianciolo,
attorney representing Florida Keys Children's Shelter, Inc.,
and the bid was for a term of fifteen years at an annual
rental of $1.00 plus other conditions as per the bid dated
January 9, 1986. Motion was, made by Commissioner Fahrer and
seconded by Commissioner Stormont directing the County
Attorney to prepare the Lease with Florida Keys Children's
Shelter, Inc. for land at Plantation Key with the inclusion
of the correction of the acrjeage and also the addition of a
reverter clause. Roll calltvote was taken with the
following results: f
Commissioner
Ftahrer
Yes
Commissioner
Freeman
No
Commissioner
Stormont
Yes
Commissioner
Swift
Yes
Mayor Harvey
Yes
Motion carried.
There being no further
adjourned.
C
business, the meeting was