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05/19/1981 Regular I I / w 019 J * * * * * * * * * * * * Regular Meeting Board of County Commissioners Tuesday, May 19, 1981 10:00 A.M., Marathon, Florida A regular meeting of the Board of County Commission- ers convened on the above date. Present and answering to roll call were Commissioner Curt Blair, Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez, Jr., and Commissioner Ken Sorensen. Chairman George Dolezal was ill and not present. o Commissioner Hernandez Chaired the meeting. Also present were Ralph W. White, Clerk; Danny Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the County Engineering Firm; members of the Press and Radio; and general public. All stood and recited the Lord's Prayer and the Pledge of Allegiance to the Flag. Motion was made by Commissioner Sorensen and secon- ded by Commissioner Harvey to approve the following items: REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR A discussion concerning the renewal of an agree- ment with the State Attorney's Office for legal services of Andy Tobin was withdrawn from the agenda. ~ Approved admission of Gertrude Vololer to the Monroe County Home. Approved payment to Risk Control Associates, Inc in the amount of $4,380.00 under the terms of their Agreement dated January 27, 1981. Authorized the purchase of the following fire equipment from Saulsbury Fire Equipment Corp., in the amount of $7,892.40. Sugar loaf Fire Department (1) Akron Educator Foam System Complete - $1,940.40. tate Atty. ontracts & Agreements ty. Home , Budgets; Contracts Agreement: udgets; ach & Equi: ire Contra Districts 020 / w Appointment Committees prociamatic Applicatior Veterans; Disasters Ordinance; Zoning Maps & Pia :; Change Ord r; Contracts Agreemen ts Ramps Change Ord r; Contracts Agreements Ramps Funds (Fee Grants) ; Contracts ;; Agreement~ Conch Key Fire Department (1) Akron Educator Foam System Complete - $1,940.40. (1) Onan 4.0 KW Generator & Associated Equipment / (2) Telescoping Lights, 500 W $4,800.00. (1) Installation of Onan 4.0 KW Generator - $1,152.00. Total $7,892.40 Appointed Mr. Dan Carter to the Monroe County Highway Beautification Committee. Adopted Proclamation proclaiming June 5, 1981 "Danish Day of Independence". ) Authorized submission of Grant Application with the Department of Veterans Community Affairs, Floridc Bureau of Disaster preparedness for the Monroe Count Division of Disaster preparedness for renewal of National Warning System Grant. LEGAL DEPARTMENT Authorized the County Attorney's Office to advertise a public hearing on an ordinance providing that the Monroe County Code be amended by adding a section to be numbered, Section 19-197A to Chapter 19, Article ~X. Residential Districts, providing for new zoning District RU-3N, Nursing and Convales- cent Facilities District. Adopted the following resolution approving plat for record of Sunrise Cay Ocean Reef plat No. 15.as amended. RESOLUTION NO. 136-1981 See Res. Book No. 22 which is incorporated herein by reference ~.'11 L. j Adopted the following resolution repealing Resolution No. 119-1981 and authorizing the Chairman to execute an Agreement and Change Order by and between Frank Keevan & Son, Inc., and the Board of County Commissioners of Monroe County, Florida, with regards to the Boating Improvement Fund Project at Tavernier, Florida. 'F.E~0hiYP'Iel1,N{)';C131~J,;9 81 See Res. Book No. 22 which is incorporated herein by reference Adopted the following resolution repealing Resolution No. 121-1981 and authorizing the Chairman to execute an Agreement and Change Order between Frank Keevan & Son, Inc., and the Board of County Commissioners of Monroe County, Florida with regards to the Boating Improvement Fund project on Boca Chicc Channels A & B. _ ~SOLUTIOI:il.'NO. 1 ~.-19 81 See Res. Book No. 22 which is incorporated herein by reference "---1 Adopted the following resolution authorizing the Chairman of the Board to execute Amendment No.1 to the Historic Preservation Grant Award Agreement dated June 3, 1980 by and between the Department of State of Florida, and the Board of County Commission ers concerning the West Martello Tower Stabilization Phase II project. RESOLUTION NO. 139-1981 See Res. Book No. 22 which is incorporated herein by reference W 021 A resolution pertaining to an Agreement with the ~ontracts & District School Board for furnishing meals for Sr. Agreements Citizens participating in the Older Americans Act etired Per Title III-C, Nutrition Program was withdrawn from the agenda. Adopted the following resolution authorizing the ontracts & the Chairman of the Board to execute an Amendment Agreements to Agreement by and between the Board of County Com- ~oards Misl missioners of Monroe County, Florida, and the Dis- ' trict School Board changing the termination date of Agreement dated October 21, 1980. RESOLUTION NO. 140-1981 See Res. Book No. 22 which is incorporated herein by reference. Adopted the following resolution incorporating a biological assessment into the records for ~oning Frederick G. Pickles to place riprap below MHW along about 115 l.f. of open water shoreline. RESOLUTION NO. 141-1981 See Res. Book No. 22 which is incorporated herein by reference. Adopted the following resolution incorporating a biological assessment into the records for Charles Linder to construct a seawall bulkhead along an Goning eroded shoreline. RESOLUTION NO. 142-1981 See Res. Book No. 22 which is incorporated herein by reference. ...- Adopted the following resolution incorporating a biological assessment into the records for Water- hill Associates for placement of riprap and fill along a residential shoreline and to construct a concrete boat ramp on the northeast corner of this shoreline. oning RESOLUTION NO. 143-1981 See Res. Book No. 22 which is incorporated herein by reference. Adopted the following resolutions concerning receipt of unanticipated funds. 3udgets RESOLUTION NO. 144-1981 RESOLUTION NO. 145-1981 RESOLUTION NO. 146-1981 RESOLUTION NO. 147-1981 See Res. Book No. 22 which is incorporated herein by reference. Adopted the following resolutions transferring funds. Budgets; !"unds,Transf RESOLUTION NO. 148-1981 RESOLUTION NO. 149-1981 See Res. Book No. 22 which is incorporated herein by reference. Adopted the following resolution approving Amendment No. 1 to the Department of the Army License No. DACAOl-3-80-2, Key West Defense Area Site, No. KW-65 and Field Training Area Military Reservations, Florida. .Jegisiation; ~ivii Defen. RESOLUTION NO. 150-1981 See Res. Book No. 22 which is incorporated herein by reference. Extended Michael Cates' Agreement for Profes- sional Services until May 31, 1981 due to pending appeals. ~ttorneys; rontracts & Agreements 022 W REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Approval of the following Warrants for May, 1981: WAR RAN T S General Revenue Fund, #7189-8242, in the amount of $1,597,462.72. General Revenue Fund, Boulevard Bank, #7, in the amount of $20,977.50. General Revenue Fund, Marathon Bank, #7, in the amount of $13,590.37. General Revenue Fund, First American Bank, #7, in the amount of $55,695.70. General Revenue Fund FRS, #22-26, in the amount of $26,698.83. BUDGETS Supplement to the General Revenue Fund, #22-24, in the amount of $45,801.65. Fine & Forfeiture Fund, #48-55, in the amount of $1,334,061.88. Road & Bridge Fund, #40-45, in the amount of $90,716.71. Airport Revenue Fund, #19-23, in the amount of $113,341.03. Airport Operation & Maintenance Fund, #22-24, in the amount of $14,805.97. ---. \ I Airport Development & Replacement Fund, #8-10, in amount of $73,400.00. the Law Library Fund, #19-21, in the amount of $7,371.20 Card Sound Bridge Revenue Fund, #29-33, in the amount of $36,546.15. MSD Tax District, #70-74, in the amount of $101,829.15. Workmens Compensation, #79-93, in the amount of $12,212.35. MSD Tax District #lOO-B, #21-26, in the amount of $2,326.72. MSD Tax District #72, #21-26, in the amount of $26,359.17. MSD Tax District #73, #21,22,24,25,26, in the amount of $4,357.84. MSD Tax District #74, #21-26, in the amount of $3,858.44. MSD Tax District #75, #21-26, in the amount of $8,404.45. MSD Tax District #76, #21-26, in the amount of $11,700.13. MSD Tax District #lOO-A, #21,24,25,26, in the amount of $4,030.48. W 023 MSD Tax District #lOO-C, #21,23,24,25,26,27, in the amount of $3,428.28. MSD Tax District #lOO-H, #21-28, in the amount of $3,603.07. MSD Tax District 500-L, #21,24,25,26,27, in the amoun of $838.71. Authorized execution of Letter of Agreement by and between the Key West International Airport, Key West Air Traffic Control Tower, Key West Flight Service Station, Key West Fire Department and Board of County Commissioners of Monroe County, Florida. Approved payment of the following Advertising Bill: Lower Keys Chamber of Commerce - $1,368.00 Motion carried unanimously. OPENING OF BIDS Next item was the opening of bids on two (2) dump trucks and one (1) truck with crane and three (3) stake body dump trucks. The Clerk advised the Board that we had received bids but that the bids were not sufficiently identified as to which of the two items they pertain to. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to open the bids and refer them to Mr. Stickney for recommendation During discussion a motion was made by Commissioner Harvey and seconded by Commissioner Blair to amend the motion to include Mr. Aguero. Roll call vote was taken on the motion to amend with the following results: Commissioner Blair Commissioner Harvey Commissioner Sorensen Chairman pro tern Hernandez Yes Yes No No Tie vote, motion failed. Roll call vote was then taken on the original motion with the following results: - Commissioner Blair Commissioner Harvey Commissioner Sorensen Chairman pro tern Hernandez No No Yes Yes Tie vote, motion failed. Motion was then made by Chairman pro tern Hernandez and seconded by Commissioner Sorensen to open the bids. Motion carried unanimously. The following bids were Sids & Prop; Mach & Equip opened on the three (3) stake body dump trucks: Duncan Ford, Lincoln-Mercury 1618 Roosevelt Blvd. Key West, Florida 33040 $21,638.38 per unit Alternate bid: $20,750.30 per unit ~ontracts & Agreements '\irport; "ire Contra: Districts udgets; dvertising Sids & Prop; l1ach & Equi I 024 W Transtat Equip. Inc. P. O. Box 13921 Orlando, Florida 32809 $19,751.00 per unit Rechtien Internat'l Trucks, Inc. 7227 N.W. 74th Avenue Miami, Florida 33166 $23,362.68 per unit Aldo Ford, Inc. 9000 N.W. 7th Avenue Miami, Florida 33150 $19,416.00 per unit Motion was made by Chairman pro tern Hernandez and seconded by Commissioner Harvey to refer the bids to the Pollution Control Committees; Department, Legal Department and a committee consisting of Bids & Prop Commissioners Harvey and Sorensen. During discussion Com- missioner Sorensen asked that his name be withdrawn from the motion. Motion was so amended. Roll call vote was then taken with the following results: Commissioner Blair Commissioner Harvey Commissioner Sorensen Chairman pro tern Hernandez No Yes Yes Yes Motion carried. Next item was the opening of sealed bids for instal- lation and repair of Daybeacons in Kemp Channel, Summerland Ramps; Bids & Prop Key, Monroe County, Florida. Proof of publication was entered into the records. Motion was made by Chairman pro tern Hernandez and seconded by Commissioner Sorensen to open the bids. Motion carried unanimously. The following bids were received: Unlimited Construction Rt #2, Box 420B Summerland Key, Florida 33042 $14,475.00 Frank Keevan & Son, Inc. 2nd Street, Stock Island Key West, Florida 33040 $13,327.00 McCain Sales of Florida, Inc. 2912 Orange Avenue Ft. Pierce, Florida 33450 No bid Motion was made by Commissioner Blair and seconded by Com- missioner Harvey to refer the bids to the County Administrator and appropriate County staff for a report back to the Board. Commissioner Sorensen was absent during discussion of this motion. Motion carried unanimously. Bids & Prop Next was the opening of sealed bids for the Key West Martello Tower Stabilization Phase II Project, Key West, Florid. , 025 W Proof of publication was entered into the records. The Clerk advised that there were no bids on the table. This item was referred to Mr. Lewin for a report back in two (2) weeks. UNFINISHED BUSINESS Motion was made by Commissioner Blair and seconded by Chairman pro tern Hernandez to table discussion on the proposed Ordinance; Zoning amendment to the Lobster Trap Ordinance. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to continue the public hearing on the Road,Discon proposed abandonment of Sandy Avenue, in Sea-Air Estates on Vaca Key, Monroe County, Florida. During discussion Com- missioner Sorensen withdrew his motion. The motion then died for lack of a second. Motion was then made by Commissioner Sorensen and seconded by Commissioner Harvey to continue the public hearing to the next Marathon meeting. Motion carried unanimously. ....- Sheriff William A. Freeman, Jr., discussed his request for additional funds for improvements to the Jail and to cover Jail; Sheriff; projected deficits in his operational Budget for fiscal year Budget 1980-81. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to allocate the sum of $55,000.00 for immediate repairs to the Jail facilities and an additional sum of $220,000.00 to cover the projected shortfall in the Sheriff's Operating Budget for fiscal year 1980-81 payable in three (3) payments in accordance with the applicable Florida Statutes. During discussion a motion was made by Commissioner Blair to divide the motion and deal with the two (2) issues separately. Motion died for lack of a second. Roll call vote ~ was taken on the original motion with the following results: Commissioner Blair Commissioner Harvey Commissioner Sorensen Chairman pro tern Hernandez No Yes Yes Yes ~otion was made by Commissioner Blair to agree to funding the otal of $181,933.00 for 19 additional personnel at the main ail facility. Motion died for lack of a second. Motion was Budgets; Sheriff; ade by Commissioner Blair to allocate the sum of $34,000.00 for uail 02GW Jail; State Agenc Cty. Engr.; Zoning Lease, Cty. Property five (5) additional positions at the stock Island Jail facilit subject to the approval of the state Division of Corrections to increase the capacity at that site to 14/15 prisoners. Motion died for lack of a second. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR The Board briefly discussed an order issued by the Building Official concerning certification by Registered Engineer of proper elevation on new construction before the issuance of Certificate of Occupancy. This item was withdrawn from the agenda. A representative of the Greater Marathon Chamber of Commerce discussed their lease of property with the County at Marathon and proposed improvements to be placed on that property. They requested a 99 year extension to the existing lease. After considerable discussion a motion was made by Com missioner Sorensen and seconded by Commissioner Blair to recom mend the extension of the lease for 35 years and refer to Mr. Lewin, legal staff and representatives of the Marathon Chamber of Commerce to prepare a proposed lease, review all existing leases concerning the property and make a report to the Board at the next regular meeting. Motion carried unanimously. LEGAL DEPARTMENT Mr. George Butler from the Marathon Chamber of Airport; Commerce discussed and requested a postponement until June 2, Contracts [; Agreement~ 1981 on an item concerning an Agreement with Air Florida, Inc., Airport for the leaseing of premises, facilities, rights, licenses, services and privileges at the Marathon Airport. Motion was made by Commissioner Blair and seconded by Commissioner Harvey to postpone said item until June 2, 1981. Motion carried unanimously. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Commissioner Hernandez discussed continuing problems with Air Florida and many complaints that he had received from the general public. Mr. Larry Herndon of Air Florida addressed the Board and discussed some of the areas concerned raised by Commissioner Hernandez and indicated that they would work very hard to eleviate these problems in the future. W'127 The Board recessed for lunch at this time. District 2, Board of Governors 2:15 P.M., May 19, 1981 A meeting of the Board of Governors, District 2, was held on the above date. Present and answering to roll call were Commissioner Feiner, Commissioner Harvey and Chairman pro tern Hernandez. Also present were Mr. White, Clerk; Mr. Kolhage Deputy Clerk; Mr. Lewin, County Administrator; Mr. Proby, County Attorney; Mr. Aguero, MSD Manager; members of the Press and Radio; and general public. Commissioner Feiner discussed the request to purchase capital outlay equipment. He indicated that he had some questions to ask before he would vote on this issue and since Districts; Mach & Equi] Mr. Reggie Paros, EMS Coordinator, was not present that we should adjourn the meeting until his arrival. Motion was made by Commissioner Harvey and seconded by Commissioner Feiner to adjourn. Motion carried unanimously. Regular Meeting Re-convened ...- The regular meeting re-convened with everone present except Chairman George Dolezal. LEGAL DEPARTMENT Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to adopt the following resolution authori - ing execution of Contract by and between the Area Agency on Aging for Dade & Monroe Counties, United Way of Dade County, Inc., and Monroe County concerning the Nutrition Program for "'ontracts & Agreements, Retired Pen Senior Citizens. Motion carried unanimously. RESOLUTION NO. 151-1981 See Res. Book No. 22 which is incorporated herein by reference. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS - Commissioner Harvey discussed Air Florida and the difficulty that they have had in obtaining a gate at Miami !\irport International Airport. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen directing the Attorney to prepare a resolution and bring back to the Board directed to the Dade County Airport Commission requesting that Air Florida be provided with a gate to facilitate their passengers. Motion carried unanimously. ~w Zoning Television; Suits Franchises Contracts & Agreemen Television REQUEST TO ADDRESS THE BOARD Mr. Lewin discussed the expiration of a Moratorium imposed on lands in the vacinity of Boca Chica Naval Air Station. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to extend the Moratorium from its expiration date of May 27, 1981 to June 2, 1981 at which time additional information would be presented to the Board by the Navy. During discussion Mr. Bob Young of the Naval Air ~ Station, Boca Chica, discussed the motion. Motion carried unanimously. LEGAL DEPARTMENT Mr. proby, County Attorney, discussed the status of the Translator Suit and the permit application process with FCC. No action was taken. Mr. proby advised the Board of the progress of negotiations on a franchise agreement between the committee and Tele Media Co. Mr. Proby advised that ~ele Media has made ~; an offer of an amended franchise agreement. Mr. Proby also read into the records a summary of comments from Mr. Dick Akers, a member of the committee, who held views opposed to that of the other members of the committee. These comments were placed into the hands of the Clerk to the Board. Mr. Akers discussed the proposals by Tele Media with the Board. Motion was made by Commissioner Blair and seconded by Com- missioner Harvey to place the item concerning the offer of Tele Media on a franchise agreement on the June 2, 1981 agenda and to obtain an opinion from our Washington Counsel as to exactly what would be required by FCC to demonstrate the County s financial ability and to continue in effect the existing translator permits. Also directing that the Board Members receive a draft of the proposed franchise agreement sufficientl in advance of the meeting of June 2, 1981 to allow for proper study of the Board Members. The motion further directs Mr. Lewin to pursue the possibility of generating private enterpris interest with other cable companies. Commissioner Blair amende the motion to provide specific indication to our Washington Counsel that the County is willing and able to finance the WO~ project. After discussion the amendment was withdrawn. During discussion of the motion, ~tr. Jack Chatham, Summerland Key Civic Association, discussed the Translator issue. Roll call vote was taken on the original motion and carried unanimously. Motion was made by Commissioner Harvey and seconded by Commis- sioner Blair to adopt the following resolution to FCC authoriz- ing the Chairman to execute same indicating that Monroe County is capable of funding the Translator Project and willing to do so subject to Referendum if necessary and directing the County Attorney to forward a copy of said resolution to our Washington Counsel. Motion carried unanimously. RESOLUTION NO. 152-1981 See Res. Book No. 22 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to adopt the following resolution incor- Zoning porating a biological assessment into the records for Key Haven Associated Enterprises, Inc., concerning a dredge and fill permit. Motion carried unanimously. ~- RESOLUTION NO. 153-1981 See Res. Book No. 22 which is incorporated herein by reference. UNFINISHED BUSINESS The Board discussed the Lease with the University of take the necessary steps to cancel the Lease due to default by the University of Miami. Motion carried with Commissioner Blai voting no. Chairman Dolezal was to discuss the Industrial ~ty. Home Development for Nursing Homes. This item was withdrawn. LEGAL DEPARTMENT ..... Commissioner Sorensen discussed a request by the Industrial Revenue Bond Authority for an allocation of $1,000.0 for operational expenses. Motion carried unanimously. After Sands, Misc. Budgets discussion a motion was made by Commissioner Sorensen and secon ded by Commissioner' Blair directing that the $1,000.00 be pro- vided by the applicants and not the county. After discussion between the Board and legal staff the motion was withdrawn. MOtion was made by Commissioner Sorensen and seconded by Com- missioner Harvey to allocate the sum of $1,000.00 to the 030 W Industrial Revenue Bond Authority to be refunded within \0 daYE of the first draw and subject to the approval of the County Attorney's Office and the Clerk's Office. Motion carried unanimously. The meeting recessed in order to continue the Board of Governors District 2 meeting. Board of Governors, District 2 The District 2 Board of Governors meeting re-convenec with Commissioners Feiner, Harvey and Chairman pro tern Hernandez present along with the County staff. Mr. paros explained and answered questions concerninc a request to purchase equipment in Special Tax District 2. Districts; Hach & Equ J~fter discussion a motion was made by Commissioner Feiner and seconded by Commissioner Harvey to approve the request for the following capital outlay equipment: Fishermen's Hospital District 2 One (1) 4-Channel Portable Radio with assessories, from General Electric (State Contract Price - $792.0(1. Funds were appropriated for this item in current District 2 Budget for FY 1980-81 Marathon Fire Department Firefighter's Equipment Company: (1) Hurst Tool Hand Pump @ $533.00 (1) Hurst Tool Model "0" Cutters @ $1485.55 Marathon Auto Supply: Marquette Gas Weld Set with Tank Cart @ $253.50 Davis Sales & Extinguisher Service (1) Speedaire Portable Air Compressor @ $314.47 Grainger's (1) Binks Model 62 Spray Gun with drip-proof cup @ $151.08 (1) Daytona Wet/Dry Vacuum with Cart and assessories @ $485.00 Motorola Communications Motorola Weather Alert Radio Biscayne Fire Equipment Co. (1) Elkhard 1~1I Cellar Nozzle @ $204.00 (1) Akron Master Nozzle @ $371.00 (4) Akron 1720P l~" Nozzles @ $239.00 (1) Akron Ladder Pipe @ $944.00 (1) Hale Submersible Pump @ $875.00 (2) Hannay Coard Reels @ $320.00 (1) McCulloch Pro Mac Chain Saw @ TOTAL $ 533.00 1,485.55 253.50 314.47 151.08 485.00 250.00 204.00 371.00 952.00 944.00 875.00 640.00 $49.00 490.00 $16,102.60 Motion carried unanimously. There being no further business the meeting was adjourned. w 03:1 Regular Meeting Re-convened Tbe regular meeting re-convened with everyone present except Chairman Dolezal. LEGAL DEPARTMENT Motion was made by Commissioner Sorensen and seconded by Chairman pro tern Hernandez to adopt the following resolution Bond Indebt authorizing the Chairman to execute an Agreement by and between Contracts & Monroe County and William R. Hough and Co., relative to the Agreements Budgets election by Monroe County to offer at public sale $2,000,000 Improvement Revenue Bonds, Series 1981. Motion carried with Commissioner Blair voting no. RESOLUTION NO. 154-1981 See Res. Book No. 22 which is incorporated herein by reference. The meeting was recessed in order to hold a Board of Appeals Hearing. Board of Appeals Hearing 4:00 P.M., May 19, 1981 The Board of County Commissioners sitting as the -- Board of Appeals convened on May 19, 1981 at 4:00 P.M. Present and answering to roll call were Commissioner Curt Blair, Com- missioner Wilhelmina Harvey, Commissioner Ken Sorensen and Chairman pro tern Jerry Hernandez, Jr. Also present were Mr. White, Clerk; Mr. Proby, County Attorney; Mr. Lewin, County Administrator; Mr. Weinkam, Zoning Director; members of the Press, Radio, and general public. The item under consideration was a request by Outdoor Resorts at Long Key, Inc., to reverse the decision of the Monro County Zoning Board in their denial of a requested zoning Zoningi change from RU-l to BU-2U, on Lot 9 of Long Key Ocean-Bay Colon Board of Appeals as recorded in Plat Book 3, page 130, and located in Section 7, - Township 65 South, Range 35 East, Long Key. Proof of publica- tion was entered into the records. Mr. Buck DeVane, Attorney representing the appellants Out~oor Resorts at Long Key, Inc., discussed the appeal. Mr. Zoningif Board 0 Joe Miklas, Attorney representing Long Key Townhouse AssociatiOI , Appeals opposed the request of the appellants. Ms. Carol Savarese, an owner of property adjacent to the property in question opposed. Mr. Paul Ryder, property owner also opposed. Motion was made b~ 032 W Zoning; Lease, Cty Property; Advertisinc Commissioner Sorensen and seconded by Commissioner Blair to adopt the following resolution denying the appeal and upholdinc the decision of the Zoning Board. Motion carried unanimously. RESOLUTION NO. 155-1981 See Res. Book No. 22 which is incorporated herein by reference Motion was made by Commissioner Sorensen and secondec by Chairman pro tern Hernandez directing the County Administrate ~ to enter into negotiations with Outdoor Resorts for a proposed lease of County-owned property adjacent to the property in question for a reasonable length of time, tieing rental fee to increase in the CPI requireing necessary insurance coverage, providing for releases against any future litigation and also providing that the property not be accessable from U. S. High- way 1 and to proceed with advertisement if necessary and report back to the Board for its final approval. Motion carried unanimously. The Board of Appeals Hearing adjourned and regular meeting re-convened with everyone present except Chairman Dolezal. UNFINISHED BUSINESS Mr. Lewin discussed the possible transfer of certain CETA employees to regular County employment. After discussion CETA Employ Cty. Employ Budget ; a motion was made by Commissioner Blair and seconded by Com- missioner Harvey to fund 17 positions on a temporary basis for the remainder of the fiscal year subject to review at Budget time for a determination as to the necessity for maintaining the positions on a permanent basis. Commissioner Sorensen raised to a point of order objecting to the motion. The Chairman ruled the motion out of order and the agenda item out of order. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator discussed the Budget proces~ Salaries & and requested some direction from the Board concerning cost of Fees; Cq. Employ ; living and/or merit increases for County employees. Commission Budgets er Sorensen indicated that the Department Heads should strive to present a Budget representing a 5 percent reduction under the current fiscal year. Commissioner Harvey indicated that WO~ ,~.., , ... , she was in favor of a 12 percent increase in salaries and wages Commissioner Blair indicated that it was his desire to continue to provide the services that are currently being provided with increases similar to those approved in fiscal year 1980-81. Commissioner Hernandez indicated that it was his opinion that the County Administrator should make whatever recommendations hf felt were necessary. Mr. Lewin then discussed the possible re-location of the permanent headquarters of Monroe County Division of Disaster Preparedness to space either in the Chambe Building at Marathon or School Board Building in Key West. The Board referred this item back to Mr. Lewin and the Director of Division of Disaster Preparedness. Motion was made by Com- missioner Harvey and seconded by Commissioner Sorensen request- ing a progress report from Mr. Miller, Director of Disaster Preparedness, by.the next meeting on June 2, 1981. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded ~ by Commissioner Sorensen to authorize the Municipal Service District to purchase one (1) Wheel Loader. During discussion Commissioner Sorensen withdrew his motion. Motion was then made by Commissioner Blair. Roll call vote was taken and carried with Commissioner Sorensen voting no. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to authorize the County Attorney's Office to advertise and call for bids for two (2) I-ton trucks for the Municipal Service District. Motion carried with Chair- man pro tern Hernandez voting no. Motion was made by Commissioner Blair and seconded by Commissioner Harvey to authorize payment of Invoice No. 12 to R. W. Taylor Steel Company in the amount of $325,900.00. Motion carried with Chairman pro tern Hernandez voting no. Motion was made by Commissioner Harvey and seconded by Commissioner Blair to rescind Resolution No. 61-1981 and instructing the County Attorney to prepare a revised resolution and bring it back to the Board for action. Motion carried unanimously. Disasters Districts; ~ach & Equif )istricts; 1ach & Equir udgets ~emorials & Resolutions by Commissioner Sorensen to approve the transfer of money from Motion was made by Commissioner Hernandez and secondecbd pu gets; ~ibrary 034W Contingency to the appropriate account for payment to Charles McCoy, Architect, for the Library addition in Marathon in the Bond Indebt amount of $15,398.30. During discussion a motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to amend the motion to add upon completion of the Bond Issue. During discussion the motion to amend was withdrawn. Roll call vote was taken on the original motion and carried unanimously. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Motion was made by Commissioner Blair and seconded by Commissioner Harvey to appropriate the sum of $1600.00 to Budgetsi Committees the Fine Arts Council from contingency subject to the approval of the County Attorney. During discussion Commissioner Blair amended the motion to read $1,000.00. (Commissioner Sorensen was absent during discussion of this item). Motion carried unanimously. Commissioner Blair and the County Attorney Mr. proby discussed the status of the Airport Lounge. Motion was made Airporti State Agenc iby Commissioner Blair instructing the County Attorney to Contracts & Agreements request an Attorney General's Opinion on the validity of the Suits Settlement Agreement between Monroe County and Mr. David Dill concerning the Airport Lounge. During discussion the motion was withdrawn. The County Attorney advised the Board that in his opinion Mr. Dill was in default of the terms of the Settlement Agreement. Motion was then made by Commissioner Blair and seconded by Commissioner Sorensen instructing the County Attorney to research the situation and proceed with whatever action is necessary to remove the County from the Lease and Settlement Agreement with Mr. Dill concerning the Airport Lounge. Roll call vote was taken with the following results: Commissioner Blair Commissioner Harvey Commissioner Sorensen Chairman pro tern Hernandez Yes Yes Yes No Motion carried. Commissioner Blair discussed the situation concern- ing the security guards at the Key West International Airport. No action was taken. W 035 Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen authorizing the County to seek an opinion from the Attorney General on whether it is legal for three (3) Commissioners to make the decision concerning the redistricting of the other two (2) Commissioners. (Commissione Blair was not present during discussion of this item). Motion carried unanimously. Commissioner Hernandez discussed the Lower Keys Recreation Funds. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to allocate the sum of $1955.00 to support the Girls Baseball League from Funds budgeted for the Lower Keys Recreation. Motion carried unanimously. Commissioner Blair discussed a letter from the Districts; Commission, State Agen( Budgets; Recreation Democratic Executive Committee concerning gun control. Motion Reports,Off was made by Commissioner Blair and seconded by Commissioner Harvey to refer the letter to the County Attorney for investiga ....- tion and report back to the Board. MOtion carried with Com- missioner Sorensen voting no. Commissioner Sorensen was to discuss the reorganiza- tion of the Planning/Building/Zoning Department. This item was postponed until June 2, 1981. LEGAL DEPARTMENT The County Attorney made a report to the Board con- cerning the case of A. J. McClung vs. Monroe County and the South Florida Employment and Training Consortium and advised that a decision had been rendered by an Administrative Law Judge. Mr. Proby advised the Board that the Secretary of Labor could within 30 days from the date of the Order over-rule the ~"""-' decision and that his office had filed an objection to the Order of the Administrative Law Judge with the Secretary of the Department of Labor. He advised that if the Secretary of Labor sustained the decision of the Administrative Law Judge there would be a 60 day period to file an appeal with the Fifth District Court of Appeals. The Board agreed that the County Attorney should proceed with the appeal if and when same should be necessary. Zoning State Agenc: Judges Legislation 0$ W Cty. Emplo Attorneys Budgets; Districts Suits; Contracts Agreement Zoning; Licenses & Permits Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to adopt the following resolution authorizing the County Attorney to employ E. Nelson Read and W. Randall Winter. Motion carried unanimously. RESOLUTION NO. 156-1981 See Res. Book No. 22 which is incorporated herein by reference The following items were carried over until the June 2, 1981 meeting: UNFINISHED BUSINESS 8. Budget transfers - MSD. 9. MSD Assistant Manager position. LEGAL DEPARTMENT 19. Request authority for the County Attorney to file condemnation suit in re: MSD. 21. Rental car for County Attorney. REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD 2. Application of Rachel Mitchell for Occupational License for a clairvoyant - Fortune Teller pursuant to Section 205.341, Florida Statutes. There being no further business before the Board the meeting was declared adjourned.