Loading...
05/03/1982 Regular 1.58 X Regular Meeting Board of Ccunty Ccmni.ssioners MOnday, May 3, 1982 10: 00 A.M., Key West, Florida A regular rreeting of the Board of Ccunty Ccmni.ssioners convened on May 3, 1982 at 10:00 A.M., in Coortrocm B, Coorthouse Annex, Key West. Present and answering to roll call were Ccmni.ssioner Curt Blair, Ccmni.ssioner Wilhelmina Harvey, Ccmni.ssioner Jerry Hernandez, Jr., Ccmni.ssioner Ken Sorensen and Chairman George Dolezal. Also present were Danny L. Kolhage, Deputy Clerk; Lu:ien Proby, Ccunty Attorney; Kermit Lewin, Ccunty Adninistrator; IlE11lbers of the Ccunty staff; IreI11bers of the Ccunty's Engineering Finn; members of the Press and Radio; and interested citizens. All stood and recited the Lord's Prayer and the Pledge of Allegiance to the Flag. Trere were several additions to the agenda. The following items were either deleted, withdrawn, or postponed: UNFINISHED BUSINESS 5 Agenda Item No. 2 - postponed for tv;o (2) ~: Letter fran Hertz Corporation requesting sufficient space in the baggage claim area of the Key West International Airport fran which to ~rate a car rental service. LEX;AL DEPAR'IMENT 5 75 Agenda Item No. 1 - postponed for tv;o (2) ~: Discuss Avis Lease at Key West International Air- port. REPORTS & REC~TIONS OF COUNTY ADMINIS'lRA'IOR 17 Agenda Item No. 3 - deleted sane as No. F. 3: Calsider request of Judge Chappell - Ccunty to pay $3,687.12 to State of Florida as their contribution towards upgrading his service. 127 Agenda Item No. 4 - deleted sane as No. H. 8: Calsider request fran Bruce Porter, Pastor of Island Canrnmity Church, for placement of nightwatchman trailer on premises of 7t acre canpus al Upper Matecurnbe Key. 5 95 Agenda Item No. 10 - withdrawn: Discussion by Airport Director/Consultant al construc- tion of National Weather Service upper air inflation building at Key West International Airport, and re- location of the Public W:>rks rraintenance facility and Sreriff I s propane tank at Key West International Airport. REPCRTS & RECCM1ENDATIONS OF OOARD MEMBERS Agenda Item No. 1 - withdrawn: Ccmni.ssioner Blair - to discuss the Hoosing Finance Authority. 68 Motion was rrade by Cannissioner Harvey and seconded by Chairman Dolezal to adopt the following items by unani.m:>us consent: 159. X LEX3AL DEPAR'lMENT Board adopted the following resolution authorizing the Chainnan of the Board of Coonty Cannissioners of ~roe Coonty, Florida, to execute a Contract by and between the Area Agency on Aging for Dade and ~roe Coonties - United. Way of Dade Coonty, Ioc., and ~roe Coonty Board of Coonty Cannissioners. 34 106 - RESOLUI'IOO 00. 145-1982 See Res. Book No. 27 which is incorporated. herein by reference. Board adopted the following resolution incorporating a biological assessnent into the records concerning application of Dcnald W. Porter to construct a seawall l:ulkhead along his Olck Key property shoreline per staff rec<mrEI1dation. 19 RESOLUI'IOO 00. 146-1982 See Res. Book No. 27 which is incorporated herein by reference. 99 Board adopted the following resolution concerning receipt of unanticipated funds. 17 RESOLUI'IOO 00. 147-1982 See Res. Book No. 27 which is incorporated. herein by reference. 99 Board adopted the following resolution transferring funds . 17 RESOLUI'IOO 00. 148-1982 See Res. Book No. 27 which is incorporated herein by reference. 99 REPORTS & RFIXHiENDATIOOS OF COUNTY ADMINIS'IRA'IDR Board approved rem:>val of the following i terns fran Coonty Inventory: Public W:>rks 7 0 Inv. No. 4102-87, 1953 Bulldozer International, l-biel T9; Purchase Price $2,000.00; engine frozen - too costly to repair. Inv. No. 4102-24, steam Cleaner #E1761, purchase price $633.25; beyond repair. Inv. No. 4102-85, tractor Catepillar, purchase price $4,000.00; beyond repair. Inv. No. 4102-167, Time Clock, l-biel No. 2121L; purchase price $131. 75; beyond repair. Inv. No. 4102-196, Power M:Jwer, Yazoo #417254; purchase price $329.95; beyond repair. Inv. No. 4102-210 Pioneer Cover; purchase price $595.00; beyond repair. Inv. No. 4102-239, Material Distributor; purchase price $1500.00; beyond repair. Inv. No. 4102-252, Pontiac, 4 Door Sedan, SN233690R603293; purchase price $2,415.87; beyond repair. Inv. No. 4102-324, Water Punp, Aquamaster 2"; purchase price $215.00; beyond repair. Inv. No. 4103-115, Torpedo Crane Truck, ~el No. 1953, Serial No. 82-01885; beyond repair. Road D3partnent The following i terns are either lost or stolen: Inv. No.4102-139, 1973 Yahor M:Jwer, ~el No. B324; no value. Inv. No. 4102-202, 3" Trash Punp, Serial No. P219381, ~el 1974. Inv. No. 4102-242, 1976 GE M:Dile Radio, Serial No. 548-0214. 70 Inv. No. 4102-244, 1976 2," Hdyranatic Water Punp. Inv. No. 4102-167, 1973 Time Clock 2121L. Inv. No. 4102-201, 1966 Sani -Trailer W:>od Bed. Inv. No. 4102-235, 1975 Chain Saw. Inv. No. 4102-254, 1976 Mark TV Air Caldi tioner . Inv. No. 4102-300, 1977 M::.'Cullough Chain Saw. 1..60 X Clerk of the Carrt - Tha following i terns are either lost or stolen: 70 Inv. No. 212-49, 1957 Desk. Inv. No. 2320-298/299, 1973 Instrunent File. Inv. No. 2321A-l, 1954 File Cabinet. Inv. No. 2321A-46, 1967 File Cabinet. Inv. No. 23210-70, 1966 Typewriter. Inv. No. 0202-2, 1961 Roller Shalf. Inv. No. 2321-5, 1959 Typewriter; beyond repair. Inv. No. 0202A-81, 1973 Typewriter; beyond repair. Reggie paros - EnErgency Services Inv. No. 1422-20, cne (1) Tooe Plectron, #R719B3-118676; accidently run OIJer by truck at scene. Card Samd District Inv. No. 7991-13, 1977 water Pump; beyond repair. Marathon Airport Inv. No. 7201A-5, 1975 Air Caldi tioner; beyond repair. Inv. No. 720lA-I0, 1977 Vacuum Cleaner; beyond repair. Key West International Airport Inv. No. 7201-195/196, two (2) 1977 Portable Radios; beyond repair. Inv. No. 7201-193, 1977 Battery Charger; beyond repair. Inv. No. 7201-19, 1954 Fire Extinguisher; beyond repair. Inv. No. 7201-39, 1964 Hand Truck; beyond repair. Inv. No. 7201-87, 967 Shelving; beyond repair. Inv. No. 7201-142, 1970 Wheel Chair; beyond repair. Inv. No. 7201-37, 1963 Refrigerator; beyond repair. Tha following i terns stored in the warehouse in Stock Island were judged by the Public W:>rks Director to be of no use and should be disposed of: Inv. No. 2559-99, Freiden Calculator, SN#14993; broken. Inv. No. 2559-105, Unitrex Calculator, SN# 36030556; broken. Inv. No. 2559-104, Royal Typewriter, SN#136873403; outdated . Inv. No. 2559-108, N:R Bookkeeping Machine; #5908824; broken and outdated. Inv. No. 2559-109, M:nroe Adding Machine, SN# J271942; outdated . Inv. No. 2559-110, Burroughs Adding Machine, SN#325410D; outdated . Inv. No. 2559-112, IBM Typewriter, SN#6802177; carriage jamred . jamred . Inv. No. 2559-121, Friden Calculator, SN#300494; broken. Inv. No. 2320-351, Victor Cash Register, SN#5224938; Inv. No. 2559-89/91, Brandt Autanatic Cashiers. Inv. No. 2559-101, Royal Typewriter, SN#5710534. Inv. No. 2559-100, IBM Typewriter, SN#214441. Inv. No. 2559-102, Friden Calculator, SN#17709. Inv. No. 2559-105, IBM Dictating Machine. Inv. No. 2559-107, IBM Typewriter, SN#2250608. Inv. No. 2559-111, Rex Rotary Stencil Maker. Inv. No. 2559-127, IBM Transcribing Machine. 34 Beard ratified an agreerrent as of December 1, 1981 by and between Ray A. Schoneck and the Beard of Camty Ccmni.ssioners for admission to Bay Shore Manor a/k/a M:nroe Camty Hare, Adult Calgregrate Living Facility for the Elderly - Level II. 17 Beard approved a refund in the arrount of $75.00 to Wallace R. Mills for Contractor's EKarn per staff recatl1EIldation. 18 Beard approved a refund in the arrount of $188.10 to Albert Manian on Building Fermi t per staff recatl1EIldations. 17 Beard approved payrrent to The Brewer Co., in the arrount of $69,651. 45 for Old 4-A Little 'Ibrch Key Project per staff recatl1EIldation. x 161 1982: Board approved the following Warrants for April and May, 31 WARRANTS General Revenue Flmd, #6686-6965, in the arrount of $517,752.02. - General Revenue Flmd FRS, #79-81, in the arrount of $2 ,325 . 89. Supplenent to the General Revenue Flmd, #69, in the arrount of $396.16. Fine & Forfeiture Flmd, #158-160, in the arrount of $509,164.54. Road & Bridge Flmd, #132-134, in the anDUIlt of $1,468.75. Airport Revenue Flmd, #76, in the arrount of $501. 75. Airport Operation & Maintenance Flmd, #75, in the arrount of $6,866.67. Card Samd Bridge Revenue Flmd, #87-88, in the arrount of $34,437.77. M3D Tax District, #236-238, in the arrount of $579,939.56. Warkrrens Carpensation, #252-261, in the arrount of $3,135.64. Marathon Bank, #1-2, in the arrount of $1,024,655.25, M3D-Pledged Flmd Account. Capital Project Flmd, #16, in the arrount of $23.13. Board approved payment to Mullin, Rhyne, Emrons and 'I'q>pel in the arrount of $1,477.56 on Translator Suit. 17 Board approved payment of the following bills cut of Advertising Flmd: Florida UI;per Keys Chamber of Carm:rrce Postage $754.80 Tcurist Developrent Trust Flmd Specialized Services $ 92.50 Motion carried unaniIrously. ~ OFFICIAL CCRRESPOND.E:OCE The Board was advised of a letter fran the Sheriff advising of the appoint:rrents of the following as Deputy Sheriffs: 107 Ben Lowe Precinct No. 2 Linda V. Shearer Precinct No. 14 Malcolm winn Precinct No. 2 Leon D. stewart Precinct No. 23 1.62 X UNFINISHED BUSINESS 77 Motion was nade by Carmissioner Hernandez and seconded by Carmissioner Harvey to adopt the following resolution con- cerning receipt of unanticipated funds, State Aid to Libraries. Roll call vote was taken and carried unani.m:>usly. RESOLUTION NO. 149-1982 See Res. Book No. 27 which is incorporated herein by reference. 46 Mayor I))lezal and the Camty Attorney discussed non- partisan elections. Dlring discussion Mayor I))lezal nade a rrotion to strike the item from the agenda. Mr. Proby, Camty Attorney, was instructed to get an Attorney General's Opinion on this natter. 107 59 Motion was nade by Carmissioner Sorensen and seconded by Chainnan Dolezal to accept the Report of Forfeited Vehicles from the Sheriff dated April 2, 1982 {Xlrsuant to Florida Statutes 932.704 (3) (a). Motion carried unaniIrously. Discussion also ensued regarding the p:>ssibility of the Camty using the vehicles. The Camty Administrator was instructed to correspond wi th the Sheriff en this natter and rep:>rt back to the Board. RmUEST '10 ADI:RESS 'lliE OOARD 48 17 59 Mr. John Goodknight, District Engineer, along with Mr. Jdm Taylor, Deputy District Engineer, Florida ~part:nent of Transportatien, discussed the Depart:nent' s Tentative W:lrk Program for ~roe Camty for Fiscal Years 1983-1987. He covered the following topics: najor construction projects, resurfacing pro- jects, traffic operations, and safety projects. Mr. Goodknight answered several questions from the Carmission and :rcembers of the audience. REPORTS & RECCM-1ENDATIONS OF OOARD MEMBERS 77 95 Chainnan I))lezal introduced ~. Alice Skinger, Chainnan of the Library Board, who discussed the Post Office Building in Key Largo as off ice space for the library. ~. Skinger read a letter into the records from the Library Board dated April 23, 1982 opposing the re-location of the Library into said wilding. Ccmni.ssioner Sorensen discussed a letter dated April 13, 1982 from the Public W:lrks Depart:nent. z.t>tion was nade by Ccmni.ssioner Sorensen requesting that the Library Board study the problem and CCIIe back to the Board within 30-90 days in regards to the re-location of the Library in the ~r Keys and at that tine to meet with the Board concerning their recamendations. No second was received to his rrotion. z.t>tion died for lack of a second. OPENING OF BIOO 12 4 Next item was the opening of sealed bids for installa- tion of Daybeacons in COIl Key Channel, Stock Island, Key vest, Florida. Proof of plblication was entered into the records. Motion was nade by Ccmni.ssioner Harvey and seconded by Ccmni.ssioner Hernandez to authorize the Clerk to open the bids. Motion carried unanirrously. The following bids \\ere received: Upper Keys Marine Censtruction P. o. Box 18MA Key Largo, Florida 33037 $24,990.00 Frank Keevan & Sen, Inc. 2nd Street Stock Island, Key west, Fla. 33040 $12,767.00 157 Motion was nade by Ccmni.ssioner Hernandez and seconded by Ccmni.ssioner Harvey to refer the bids to staff consisting of Mr. Lewin, Camty Administrator: and Mr. Fisher, Extension Director, for a rep:>rt back to the Board as soon as p:>ssible. Motion carried unanirrously with Carmissioner Sorensen absent. X 163 LEGAL DEPAR'lMENT ,"'.'''-'jl The County Attorney discussed the Fixed Base Operation at the Marathon Airport. He advised the Board that there had ---' been sone questions raised by the FAA as to the exclusivity of the lease. He also advised the Board that he was preparing to write an opinion stating that his intrepretation of the lease was that the Fixed Base Operator was not entitled to the use or bene- fit of any of the property in the Marathon Airport which lies westerly of the public terminal building and that his recomren- dation would be that Mr. Butler should be instructed to conply wi th that opinion and be forced to vacate any portion of the Marathon Airport property which lies ~sterly of the property. Mr. Alfred Frigola, Attorney representing Mr. Butler, also addressed the Board regarding his client. Mr. Pat Rebull, of BR&R Associates and Mr. Arthur Skelly, Airport Manager, addressed the Board on this matter. ~ion was made by Carmissioner Hernandez and seconded by Chairnan Iblezal to accept the Camty Attorney's opinion that the Fixed Base Operator at the Marathon Airport was entitled to rights only up to the public terminal building. Roll call vote was taken and carried with Carmissioner Sorensen voting no. , 5 75 REPORTS & REX::ClfoMENDATIONS OF OOARD MEMBERS Motion was made by Carmissioner Blair and seconded By Chairnan Iblezal to authorize travel for Carrnissioners to attend SJ.\.tX ~ting on May 14, 1982. ~ion carried unanirrously. 31 17 Cannissioner Harvey discussed proposed fee increases for franchise contractors and the provisions of the ordinance. No action was taken. Motion was made by Cannissioner Harvey and seconded by Cannissioner Hernandez to postpone the bid opening on Duck Key Bridge No. 3 from May 18, 1982 until June 28, 1982. ~ion carried unanirrously. 12 Carmissioner Sorensen was scheduled to discuss the Florida Keys Electric Co-op. '!his item was postponed for two (2) weeks at his request. 120 Cannissioner Sorensen discussed the land Use Plan Map and rreetings and the proposed resolution and steps recently taken by the Board to inprove planning process. He indicated that he would re-agenda this i tern for two (2) weeks as the backup infor- mation had not been furnished to the Ccmnission prior to the rreeting. The i tern was withdrawn at this tine. 87 Cannissioner Harvey discussed authorization for the Island Christian School at Islarrorada to place a watchman trailer on the grounds of the school to cut down on vandalism. ~ion was made by Cannissioner Harvey and seconded by Carmissioner Hernandez to authorize the waiver of the ordinance and allow the trailer on the school grounds. Roll call vote was taken and carried unanirrously. 105 84 Cannissioner Sorensen discussed Michael Garretson's letter of April 26, 1982 to Mayor Iblezal. ~ion was made by Cannissioner Sorensen directing the Director of Building/planning/ Zcning to travel to Tallahassee and also authorizing Mr. Garretson to request funds for the Mcnroe County Building/Planning/Zooing Depart.ment. No second was received to his rrotion. The Chairnan read into the records a letter from Mr. Garretson of the Florida DepartIIent of Veterans and Camnmity Affairs. r-t:>tion was made by Carmissioner Blair and seconded by Carmissioner Sorensen authorizing Mr. Lessler, Mcnroe Camty's Planning/Zooing/Building Director to represent the Board of County Carmissiooers at a rreeting before the GoIrernor and the Cabinet regarding zoning matters. ~ion carried unaniIoously. 87 128 164 x 14 Carmissioner Harvey advised the Board that Mr. Joe Rosenblatt and Mr. Henry Staples did not wish to continue to serve on the Translator Board when their term expires on June 7, 1982. ~tion was nade by Carmissioner Hernandez and seconded by Carmissioner Blair instructing the Camty Administrator to con- tact the other nembers of the Translator Board to see if they wish to continue to serve and report his findings back to the Board. ~tion carried unaniIrously. 66 Cannissioner Sorensen discussed the roadblock by U. S. Border Patrol and Custans Service. No action was taken. .l-"'~.;~ Mayor Dolezal discussed the Translator Board and suggested that they enploy their own Attorney. The Camty Administrator was instructed to place the item on the next agenda. REPORTS & RFJ:XM.1ENDATIONS OF COUNTY AImNIS'IRA'JUR 84 Motion was nade by Ccmnissioner Harvey and seconded by Carmissioner Blair to approve the following Flood Hazard Ordinances per staff recamendation: Ocean Reef Club: Fran 12' to 61 (variance of 61) to construct a steel building to relocate the existing laundry facility; From 12' to 7. 25 ' (variance of 41 9") to rern:>del and enlarge existing conference center and food service facility; W.L. Trust Variance to erect one story building at approximate existing grade. Motion carried unanirrously. UNFINISHED BUSINESS 114 Motion was nade by Carmissioner Harvey and seconded by Carmissioner Blair to postpone discussion of the Ninth Cent Gas Tax for four (4) weeks. r-Dtion carried unanirrously. LEXiAL IEPAR'lMENT 17 The Board then discussed a letter from Judge Bill G. Chappell requesting the Board's authorization to pay ~3,687.l2 for the upgrading of service fran January 1969 through December 1972 under the Elected State Officers Class. r-Dtion was made by Ccmnissioner Sorensen to deny the request. No second was received to his notion. ~tion died for lack of a second. Motion was then made by Chainnan Dolezal and seconded by Carmissioner Harvey to authorize the payrrent of ~3, 687.12 out of the Ccntingency Fund. Roll call vote was taken and carried with Ccmnissioner Sorensen voting no. 84 Motion was made by Ccmnissioner Blair and seconded by Ccmnissioner Hernandez to grant the Members of the Crawfish Trap Ordinance an extension of 30 days to carplete their study con- cerning Ordinance No. 20-1980 and rrake recamendations back to the Board. r-Dtion carried uaniIrously. 75 Motion was nade by Carmissioner Sorensen and seconded by Carmissioner Blair to adopt the following resolution authorizing the arrendrrent of the Lease Agreerrent by and between Mcnroe Camty, Florida, and Five 6-6666 Cab Co. r-Dtion carried unanirrously. 99 RESOLl1rION 00. 150-1982 See Res. Book No. 27 which is incorporated herein by reference. REPORTS & RECCM>1ENDATIONS OF COUNTY AImNIS'lRA'IQR 89 Judge Richard Payne discussed with the Board the need for office space for the Salvation Army for the Probation and Parole Operation. This natter was referred to the County Administrator. x 165 Too Cwnty Attorney discussed litigation regarding the state Sales Tax and advised the Board that it will be filed in Leon Cwnty 00 May 5, 1982. He also discussed the formula and collection and distribution process. 103 - Too tine being after 5:00 P.M. a ItOtioo was made by Ccmnissioner Hernandez and seconded by Chainnan Dolezal to extend the neeting deadlilne until the agenda is canpleted. Roll call vote was taken and carried unanirrously. 31 TOO Cwnty Attorney advised the Board of the following new lawsuits: Janes Marks vs. Board of Cwnty Cannissioners in re: Permit. (hearing is scheduled for May 11, 1982) Jorge Cabrera vs. Sheriff of Mcnroe Cwnty for false arrest and inprisomrent. 107 Mr. Proby discussed the report of Mr. Bob Harris of Pest, Buckley, Schuh and Jernigan, Inc. regarding the Ccpa D10ra Bridge. Motion was made by Chainnan Dolezal and seconded by Cannissioner Hernandez to authorize execution of the Cootract by and between Ug:>er Keys Marine Ccnstructioo Co., in the arrount of $210,575.00. Motion carried unaninDusly. 16 34 17 130 REPORTS & RECC'M-1ENDATIONS OF COUNTY ADMINIS'IRA'IOR Next item was the Cwnty Administrator's Report. Motioo was made by Cannissioner Hernandez and seconded by Cannissioner Harvey to authorize payrrent to Key West Insurance in the aroount of $92,894.00 for the Board's Carprehensive Business Policy Motion carried unaniIrously. 69 17 Too Board discussed the neeting scheduled for May 30, 1982 which falls on M:m:>rial Day Holiday. Motion was nade by Ccmnissioner Harvey and seconded by Cannissioner Hernandez to postpone the May 30, 1982 neeting to June 1, 1982. Motion carried unanircously. 31 Motion was nade by Cannissiooer Hernandez and seconded by Cannissioner Harvey to authorize expenditure up 'to $2,000.00 for the purchase of Mcnroe Cwnty Code Books and Swthard Standard Books for all rremhers of the M:nroe Cwnty Code Review Board. Motion carried unanirrously. 17 Mr. John Stran of the Methodist Church of the Ug:>er Keys addressed the Board regarding problems he was having in ItOving the old church building to property CMned by the Masooic Lodge in Tavernier. This natter was referred to Mr. Lewin and Mr. Lessler for a report back at the next neeting. 31 18 Too Board discussed an opinion 00 legality of solid waste dunping fees rendered by the County Attorney. Motion was nade by Cannissioner Blair and seconded by Cannissioner Harvey instructing the County Attorney and the Manager of the Municipal Service District to prepare a written report with solutions and authorize the County Attorney to prepare an amendrrent to the Ordinance for the prrpose of allowing free non-carrrercial dunping at all Cwnty duIrps. Motion carried unanimJusly. 123 84 -- Motion was made by Chainnan Dolezal and seconded by Cannissioner to authorize approval of Restoratioo Project for Au:iubon Acres, Inc., per staff recarm:mdation. 127 Motion was made by Ccmnissioner Hernandez and seconded by Chainnan Dolezal to approve a variance to the Flood Hazard Ordinance for Mr. Frank Nuccio per staff recamendation. During discussion a ItOtion was made by Cannissioner Hernandez and seconded by Chainnan Dolezal to postpone this item for two (2) weeks. Motion carried unaninDusly. 128 ~66X 18 128 Motion was rrade by Chainnan Iblezal and seconded by Carmissioner Blair to refer the request of Mr. Gerald Krause for a pennit for canal plug reinforcem:mt for Coral Soores EStates, Little Torch Key to the Director of the Building/Planning/Zcning Department for a report back in two (2) weeks. l-Dticn carried unan im:>us I y . 128 34 Moticn was made by Carmissicner Blair and seconded by Chainnan Iblezal to approve an Agreenent Letter by and behreen the Municipal Service District and American Managenent Systems for the Waste AssesSIlEIlt Roll. l-Dtion carried unanirrously. Trere being no further business a I1Dtion was rrade bylCarmissioner Sorensen and seconded by Chainnan Iblezal to ajoourn. l-Dtion carried unanirrously. ************