05/24/1985 RegularCC 146
Regular Meeting
Board of County Commissioners
Friday, May 24, 1985
Plantation Key
A regular meeting -of the Board of County
Commissioners convened on the above date. Present and
answering to roll call were Commissioner Alison Fahrer,
Commissioner John Stormont, Commissioner Ed Swift, and Mayor
Wilhelmina Harvey. Absent from the meeting was Commissioner
William Freeman. Also present were Danny L. Kolhage, Clerk;
Kermit Lewin, County Administrator; Lucien Proby, County
Attorney; County staff; members of the County's Consulting
Engineers Firm; members of'the Press and Radio; and the
general public.
All stood for the Invocation and Pledge of
Allegiance to the Flag.
Mayor Harvey announced that Commissioner Freeman
would not be present at the meeting due to a death in the
family.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve the following items by una-
nimous consent:
STAFF REPORTS
Board approved the FAA Graht Application for Marathon Runway
Airport Improvement Program Project and authorized the Mayor
to execute same.
Board approved, per staff recommendations and conditions, a
Permit Application from Randall Pegram for Riprap Revetment
at Lot 3, Block 1, Indian Harbor Subdivision, Plantation
Key, zoned RU-1.
Board approved, per staff 'recommendations and conditions, a
Permit Application from Raymond Pauly for a Seawall and
Associated Dredging at Lot-13, Block 2, Venetian Shores
Subdivision, Plantation Key, zoned BU-2.
GENERAL REPORTS
Board adopted the following Resolution setting date, time
and place for Public Hear ing for proposed abandonment of a
portion of Nilson Court in Hammer Point Park located in
Tavernier, Monroe County, Florida.
RESOLUTION NO. 163-1985
See Res. Book No. 44 which is incorporated herein by
reference.
STAFF REPORTS
Board approved Final Payment in the amount of $27,839.78 to
The Brewer Co. of Fla., In:c. for roadway improvements to Key
Colony Beach Causeway.
Board approved the followi,ing refunds for charges made ,in
error concerning Volume II. of the Land Use Growth Management
Plan.
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Michael A. Fagan $16.00
Rena Harrington $ 8.00
Jim Lewis -Land Matters, Inc. $ 8.00
William D. Malling'er $ 8.00
Imogene Synon $ 8.00
Fred Tittle $24.00
Board approved the Application for Variance to the Flood
Hazard Ordinance of Julio Gonzalez Portuondo to place a
mobile home at ground level, and contiguous to the
surrounding mobile homes which are not elevated to the base
flood elevation located on !Key Largo, within the mobile home
subdivision known as Sexton Cove.
Board approved the Application for Variance to the Flood
Hazard Ordinance of Carlos:and Susan Rojas to place a mobile
home below 8' elevation and contiguous to the surrounding
mobile homes which are not elevated to the base flood eleva-
tion located on Key Largo, within the mobile home sub-
division known as Bermuda Shores.
LEGAL DEPARTMENT
Board adopted the following Resolution rescinding Resolution
No. 125-1985, and re -setting date, time and place for Public
Hearing for proposed abandonment of the southerly 100 feet
of Johnson Lane in Imber Subdivision located on Key Vaca,
Monroe County, Florida.
RESOLUTION NO. 164-1985
See Res. Book No. 44 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds.
RESOLUTION NO. 165-1985
See Res. Book No. 44 which,is incorporated herein by
reference.
Board adopted the following Resolution relating to Monroe
County, Florida, providing for reimbursement for travel of
members of the Tourist Development Council as per Florida
Statute Chapter 112 and as!provided in Monroe County
Ordinance No. 026-1977.
RESOLUTIbN NO. 166-1985
See Res. Book No. 44 which! is incorporated herein by
reference.
CLERK; OF THE BOARD
Board approved payment of the following Fine and Forfeiture
Expenditures: I
FINE & F,ORFEITURE FUNDS
COURT -APPOINTED ATTORNEYS, Raymond 0. Bodiford, in
the amount of 475.00; Roberta S. Fine, in the amount of
$487.25; John P. Rotolo, in the amount of $433.96.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of 1,505.20; Sandra S. Bazo, in
the amount of $78.40; Certified Reporting Service, Inc., in
the amount of $60.00; Robert C. Fazio, in the amount of
$47.30; Paul Finetti, in the amount of $833.10; Florida Keys
Reporting, in the amount of $85.80; Island Reporting
Service, Inc., in the amount of $105.00.
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COURT INTERPRETER SERVICES, Washington Gay, in the
amount of TM.GO; Jerome Grapel, in the amount of $25.00;
Marie Lucie Kuechler, in the amount of $25.00; Stephen E.
Moore, in the amount of $25.00.
OTHER EXPENSES, County of Ocean, New Jersey, in the
amount of—TI5.08; Louis J. Spallone, Clerk, in the amount of
$100.00.
WITNESS PAYROLL, Regular Witness Fees, in the
amount of 435.00; Auto Allowance and Travel, in the amount
of $275.16.
Board approved the following Warrants:
W A R R A N T S
GENERAL REVENUE FUND, #35102-#35727, in the amount
of $1,013,869.02.
GENERAL REVENUE FUND, FRS, #140-#142, in the amount
of $203,715.75.
SUPPLEMENT TO THE GENERAL REVENUE FUND, #185-#186,
in the amount of 29,562.71.
CROSS KEY WATERWAY, #16, in the amount of $167.34.
TRANSLATOR FUND, #75-#77, in the amount of
$419185.79.
FINE & FORFEITURE FUND, #434-#435, in the amount of
$755.03.
ROAD & BRIDGE FUND, #347-#350, in the amount of
$125,319.81.
CAPITAL PROJECTS FUND, #84, in the amount of
$2189460.13.
MSD TAX DISTRICT, #64146515 in the amount of
$253,294.99.
AIRPORT OPERATION & MAINTENANCE FUND, #297-#298, in
the amount of 10,727.09.
1981 IMPROVEMENT BONDS FUND, #17, in the amount of
$459.50.
MSD PLEDGED FUNDS, #40-#41, in the amount of
$400,026.70.
TOURIST DEVELOPMENT COUNCIL, #172, in the amount of
$98,701.30.
LAW LIBRARY FUND, #149, in the amount of $60.00.
CARD SOUND BRIDGE REVENUE FUND, #82-#83, in the
amount of 11,776.30.
MSD TAX DISTRICT, #247, in the amount of
$55,452.26.
WORKMENS COMPENSATION, #1441-#1455, in the amount
of $11,639.09.
MONROE COUNTY GROUP INSURANCE FUND, #85, in the
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amount of $58,532.38.
Motion carried unanimously.;
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
amending Chapter 2, Article VII, Section 2-284 of the Monroe
County Code and providing �or an additional paragraph
thereto to be entitled Paragraph "B"; providing that the
Executive Director of the Fine Arts Council set forth
therein may be either an individual or a corporation for the
purposes of contracting for the services of said Executive
Director; providing for severability; repealing all
Ordinances or parts of Ordinances in conflict with this
Ordinance to the extent of said conflict; providing for
inclusion in the Monroe County Code of Ordinances; and pro-
viding an effective date. Proof of publication was entered
into the records. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer 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 the Public Hearing until
the next Key West meeting.' Motion carried unanimously.
A Public Hearing was held on a proposed Ordinance
amending Ordinance No. 19-1979 to include awards and ceremo-
nies for appointees to various County boards, committees and
authorities; declaring the expenditure of funds for such
purposes to be a public purpose and authorizing the expen-
ditures for such purposes; repealing all Ordinances or parts
of Ordinances in conflict therewith; and providing an effec-
tive date. Proof of publication was entered into the
records. Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to 'read by title only. Motion,
carried unanimously. There was no public input. Motion was
made by Commissioner Fahre'� and seconded by Commissioner
Swift to remove the Ordinance from further consideration.
Motion carried unanimously.
A Public Hearing was held on a proposed Ordinance
providing that the Code ofOrdinances of County of Monroe,
Florida, be amended by revising Section 5-3(a), (b) and (d),
5-4(c)(6), 5-5(a), (f) and(i), 5-8(a), (c)(1) and (c)(2),
5-23(a) and (b)(2), 5-24, 5-26(a), (b), (c) and (d), 5-27
and 5-28(b) of said Code; providing that the term "Building
Official" be used in place�of the term "Vehicle and
Maintenance Supervisor"; p,roviding for severability;
repealing all Ordinances ojr parts of Ordinances to the
extent of any such conflict; providing for inclusion in the
Monroe County Code of Ordinances; and providing an effective
date. Proof of publication was entered into the records.
Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer 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
adopt the Ordinance. Motiion carried unanimously.
ORDINANCE NO. 018-1985
See Ord. Book No. 9 which is incorporated herein by
reference.
REPORTS & RECOMME;NDATIONS OF BOARD MEMBERS
Mr. Charles Patti'son of DCA discussed the proposed
Habitat Conservation Grant Contract. Motion was made by
Commissioner Swift and seconded by Commissioner Stormont to
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adopt the following Resolution approving the Contract bet-
ween the Board of County Commissioners and DCA concerning
the Habitat Conservation Grant Funds. Motion carried una-
nimously.
RESOLUTION NO. 167-1985
See Res. Book No. 44 which is incorporated herein by
reference.
During discussion, Mr. Pattison addressed the Board and
indicated that the monies spent on the Consultants' Services
of Siemon, Larson & Purdy for the preparation of the Land
Use Plan could be used as matching funds on the Habitat
Conservation Contract in lieu of cash match.
Motion was made by Commissioner Swift and seconded
by Mayor Harvey to add to the Agenda a discussion of Key
Colony Beach City Hall as Item J-9.
STAFF REPORTS
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to adopt the following Resolution
authorizing the Mayor and Chairman of the Board of County
Commissioners of Monroe County, Florida to execute an
Interlocal Agreement by and between the Board of County
Commissioners of Monroe County, Florida and The School Board
of Monroe County, Florida for the purpose of providing
storm/hurricane shutters for installation on the B Building
of the Glynn Archer School located in Key West, Florida and
the Plantation Elementary School located in Plantation Key.
Motion carried unanimously.
RESOLUTION NO. 168-1985
See Res. Book No. 44.which is incorporated herein by
reference.
AWARDING OF BIDS
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to accept the recommendation from
staff and award the bid for One Truck With Mounted Trash
Crane as follows:
Bob Chango, Inc. $ 33,824.58
3500 North Roosevelt Boulevard
Key West, Florida 33040
Motion carried unanimously.
STAFF REPORTS
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to adopt the following Resolution
authorizing the Mayor and Chairman of the Board of County
Commissioners of Monroe County, Florida to execute an
Emergency Management Agreement by and between the State of
Florida Department of Community Affairs and the County of
Monroe.
RESOLUTION NO. 169-1985
See Res. Book No. 44 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to approve a Contract for Baker Act
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Matching Funds with the Upper Keys Guidance Clinic of Monroe
County. Motion carried unanimously.
Motion was made by;Commissioner Swift and seconded
by Commissioner Fahrer to a'Uthorize the transfer of a Jeep
from the inventory of the Monroe County Board of County
Commissioners to the Sheriff and authorize the Mayor to sign
the appropriate title transfer forms. Motion carried
unanimously.
Motion was made by!Commissioner Fahrer and seconded
by Commissioner Swift to adopt a Proclamation for Safe
Boating Week for June 2 - June 8, 1985. Motion carried una-
nimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Swift to adopt a Proclamation for
Flag Day on June 14, 1985. Motion carried unanimously.
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Motion was made byl Commissioner Fahrer and seconded
by Commissioner Swift to ap:prove payment to Winifred
Sheridan Smallwood in the amount of $15,572.61 for legal
services and also directing Mr. Proby to limit further use
of Miss Smallwood's services due to budget restraints.
Motion carried unanimously.
Motion was made by!Commissione.r Swift and seconded
by Commissioner Fahrer to approve payment of a bill to Karl
Beckmeyer, attorney, in the amount of $1,625.00 for legal
services. Motion carried unanimously.
Edward Stickney, Public Works Director, addressed
the Board concerning the purchase procedures to acquire the
necessary furnishings for the Jail. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
approve and authorize Publi',c Works Director Stickney to
proceed with the purchase of the necessary furnishings for
the Jail Facility as follow,,s:
Bunks $219086.90
Hospital Beds 2,352.00
Blankets, linens,;ietc. 6,914.25
Miscellaneous smal'l.furniture
items (water coolers, food
warmers, etc.) 109,101.70
Recreation equipment 442.00
Mattresses 0 6,750.00
Miscellaneous expenditures 2,000.00
49,646.85
Motion carried unanimously.,
Motion was made b�l Commissioner Swift and seconded
by Commissioner Fahrer to approve payment of an invoice to
Nelson Read, attorney, in the amount of $250.00 for legal
services. Motion carried unaniously.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to approve the request of the County
Attorney to advertise for Public Hearing a proposed
Ordinance providing that the Code of Ordinances, County of
Monroe, be amended by revising Section 8-17 amending the
definitions of "Bulky Items" and "Rubbish"; by revising'
Section 8-23 to provide for issuance of permits to transport
solid waste in Monroe County, Florida by the Municipal
Service District and to provide for fee upon proper applica-
tion for a permit to transport solid waste in Monroe County;
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by revising Section 8-27 to provide for nature of service;
adding a new Section to be numbered 8-40 to provide for
judicial remedies for any violations to this Section of the
Code; adding a new Section to be numbered 8-41 to provide
for enforcement of Section 8-23 of the Code; adding a new
Section to be numbered 8-42 to provide for revocation of
permits; providing for severability; repealing all
Ordinances or parts of Ordinances in conflict herewith; pro-
viding for inclusion in the Monroe County Code of
Ordinances; and providing.an effective date. During
discussion, motion was. withdrawn. Motion was made by
Commissioner Swift and seconded by Commissioner Stormont to
postpone until the next Marathon meeting. During
discussion, motion was withdrawn. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
approve the request of the County Attorney to advertise the
proposed Ordinance. Motion carried unanimously.
Robert Harris of Post, Buckley, Schuh & Jernigan,
Inc. addressed the Board.concer.ning some preliminary plans
for the building to be constructed on the USO property from
the proceeds of the additional 1% sales tax. Motion was
made by Commissioner Swift and seconded by Commissioner
Fahrer to authorize Post, Buckley, Schuh & Jernigan, Inc. to
proceed with the design of a bui.lding to be constructed on
the USO property from the proceeds of the additional 1¢
sales tax on the basis of approximately $80.00 per square
foot and a total square footage of approximately 16,000
square feet with the concept of using three stories over a.
parking area if possible. Motion carried unanimously.
AWARDING OF BIDS
County Administrator Lewin advised the Board that
the Bid Committee had received --no bids for the sale of the
advertised surplus property consisting of the following:
1968 Kaiser Jeep
1967 Kaiser Jeep
1968 Kaiser Jeep
Serial No. 19047
Serial No. 19152
Serial No. 20594
Motion was made by Commissioner Swift and seconded by Mayor
Harvey to authorize the County Administrator: to negotiate
with any interested persons for the sale of the excess pro-
perty. Motion carried unanimously.
Public Works Director Stickney then addressed the
Board and discussed the proposed new sign at the entrance of
Key West International Airport. Motion was made by
Commissioner Fahrer and seconded by Commissioner Stormont to
approve the design of the sign to be constructed at the
entrance of Key West International Airport as prepared by
Post, Buckley, Schuh & Jernigan, Inc. dated May 15, 1985.
Motion carried unanimously.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Commissioner Stormont discussed the operation of
the various Animal Shelters and some proposals and research
that he had done concerning possible re -structuring of the
Animal Shelters and amendments to the appropriate Ordinances
to accomplish that re -structuring. No action was taken.
Commissioner Fahrer briefly discussed the follow-up
procedures used on items which have been postponed by the
Board. No action was taken.
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Commissioner Fahret discussed appointments to the
Capital Improvements Committee that were now ready to be
made and also an open Library Board appointment.
Commissioner Fahrer asked tilat each Commissioner be prepared
to make his/her appointmentjto the Capital Improvements
Committee at the next meetipg.
The Board discussed in general the "Bulk Approval"
portion of the Agenda and t e decisions on how items will
appear on that portion of t e Agenda. No acti.on was taken.
Motin was made by Commissioner Swift and seconded
by Commissioner Fahrer to adopt the following Resolution
authorizing the AARP to conduct a Bingo on behalf of Hospice
of the Florida Keys. Motion carried unanimously.
RESOLUTION NO. 170-1985
See Res. Book No. 44 which is incorporated herein by
reference. V
Commissioner Swiftidiscussed the program used in
other Counties called "Trashbusters" to crack down on the
enforcement of County Ordinances prohibiting illegal
dumping. Motion was made by Commissioner Swift and seconded -
by Commissioner Fahrer to refer this matter to the County
Attorney's Office for review. and recommendation.
Commissioner Fahre
Commission of the City Hall
to the County and indicated
be addressed on a joint bas
Commissioners and the City
Colony Beach:
discussed the use by the County
at Key Colony Beach at no charge
that the following items should
s between the Board of County
ommission of the City of Key
Air-conditionkng
Janitorial Services
Public Address System
Tables and Chairs
This matter was referred to the County Administrator.
UNFINISHED�BUSINESS
Motion was made byiCommissioner Fahrer and seconded
by Commissioner Stormont tolpostpone for two weeks con-
sideration of approval of aVariance to the Flood Hazard
Ordinance for Largo Sound lark Club, Inc. Motion carried
unanimously.
Fred Tittle, attorney representing Stella Neville,
addressed the Board concerning a Permit Application for
Excavation. Mr. Tittle requested postponement of this item
until a full Board could be'lpresent to hear the item.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Swift to postpone until the next Marathon
meeting. Motion carried unanimously.
Motion was made byCommissioner Swift and seconded
by Commissioner Fahrer to adopt a Resolution requiring the
payment of dumping fees for dumping at all landfill sites
operated by Monroe County. ;During discussion, Commissioner
Fahrer withdrew her second.. Motion died for lack of a
second. Motion was made by'Commissioner Swift to reinstate
the tipping fees at the Monroe County landfill sites.
Motion died for lack of a second. Motion was made by
Commissioner Fahrer and seco'nded by Commissioner Stormont to
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postpone this matter for two weeks and request that a preli-
minary report on tipping fees be done by Hazen and Sawyer, -
the firm currently under contract to review the operation of
the Municipal Service District. Motion carried unanimously.
STAFF REPORTS
Motion was made by Commissioner Swift and seconded
by Mayor Harvey to approve, with a review of possible
environmental conditions, the Application for Variance to
the Flood Hazard Ordinance of Carol Calautti to place a
mobile home at ground level and contiguous to the
surrounding mobile homes which are not elevated to the base
flood elevation located on Key Largo, within the mobile home
residential district known as Lake Surprise Estates, on Lot
10, Block 6; zoned RU-5.
LEGAL DEPARTMENT
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to continue the rental of the office
space for the State Attorney's office in Marathon on a
month -by -month basis and request the County Administrator to
pursue the possible use of the Cunningham Building which has
recently become available for lease. Motion carried unani-
mously.
Motion was made by Commissioner Swift and seconded
by Mayor Harvey to adopt a Resolution concerning the Permit
Application of Florida Commercial Investments, Inc. to
improve the quality of boat mooring facilities at its com-
mercial canal front property. Roll, call vote was taken with
the following results:
Commissioner Fahrer
No
Commissioner Stormont
No
Commissioner Swift
Yes
Mayor Harvey
Yes
Motion failed due to a tie vote. Motion was made by
Commissioner Swift and seconded by Commissioner Stormont to
postpone this matter for two weeks. Motion carried unani-
mously.
There being no further business, the meeting
adjourned at 11:13 a.m.
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