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06/02/1981 Regular r 1~36 W ,. T-x 'It 'It 'It * * * * * Regular Meeting Board of County Commissioners Tuesday, June 2, 1981 10:00 A.M., Key West A regular meeting of the Board of County Com- missioners convened on the above date. Present and answering to roll call were Commissioner Curt Blair, Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez, Jr., Com- missioner Ken Sorensen and Chairman George Dolezal. Also present were Danny L. Kolhage, Deputy Clerk; Lucien Proby and Nelson Read, Legal Staff; Kermit Lewin, County Administrator; Members of the County Engineering Firm; Members of the Press and Radio; and general public. W 037 All stood and recited the Pledge of Allegiance to Approval of variance to the Flood Hazard Ordinance for Joseph M. Garrido. Approval of variance to the Flood Hazard Ordinance for Ray Vera. Approval of payment to Carr Smith & Associates, Inc., in the amount of $1,236.86 for professional services rendered on the Martello Tower Restoration Project fo~ period ending April 25, 1981. Approval of AICUZ Variance for Ron Slaughter, Jr., to construct a duplex on Lot 14, Block 6 of Porpoise Point Section 4, as recorded in Plat Book 5, page 118 and located in Section 22, Township 67 South, Range 26 East, Big Coppitt Key, zoned RU-4, in AICUZ Zone 2. Approval of AICUZ Variance to Charles Wiseman, Zoning; to place a mobile home on Lot 14, Block 11 of Tamarac Licenses & Permits. Park Subdivision, as recorded in plat Book 6, page 55 and located in Section 27, Township 67 South, Range the Flag and the Lord's Prayer. Prior to the start of the meeting Chairman Dolezal thanked everyone for their prayers and cards during his hospital stay. Commissioner Hernandez asked for a point of personal privilege and requested that we add an item to the agenda con- cerning the Airport Lounge Settlement Agreement with David Dill and that it be heard immediately following the public hearings. The Board agreed. There were several items added and some deleted from the agenda. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to approve bulk approval of several items. During discussion Commissioner Sorensen withdrew his second in order to hear them all. Motion was then made by Commissioner Harvey and seconded by Commissioner Sorensen to - approve bulk approval of the following items. During dis- cussion Commissioner Sorensen asked for a point of personal privilege and asked that the Board take care of County business and remove personalities from the meetings. The following items were approved: REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Airport; Contracts Agreements Suits af- fecting County. Zoning; Licenses & Permits. " " Budget; Contracts & Agreements. Zoning; Licenses & Permits. 038 W Zoning. Elections, General- Primary. Airport; Contracts Agreements Bridges; Legislatio St. Agenc) Contracts Agreementf Retired Persons. Budget. Budget. Budget. 26 East, Geiger Key, zoned RU-5, in AICUZ Zone C-2. Adopt the following resolution authorizing Joseph Mora, Violations Inspector, to issue cita- tions in accordance with the provisions of the Monroe County Code. RESOLUTION NO. 157-1981 See Res. Book No. 22 which is incorporated herein by reference Adopt the following resolution urging support of U. S. Senate Bill 53 and House Rule 1407 regard- ing a decision of that portion of the Voting Rights Act which requires publication of ballots in another language. RESOLUTION NO. 158-1981 See Res. Book No. 22 which is incorporated herein by reference Adopt the following resolution requesting the Mayor and County Commissioners of Metropolitan Dade County to secure a gate or gates for Air Florida in close proximity to its counter space at the Miami International Airport. RESOLUTION NO. 159-1981 See Res. Book No. 22 which is incorporated herein by reference Adopt the following resolution rescinding Resolution No. 61-1981 and requesting all County and governmental agencies to post a notice in each truck showing vertical clearance of the 7-Mile Bridge. RESOLUTION NO. 160-1981 See Res. Book No. 22 which is incorporated herein by reference Adopt the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute a Contract by and between the County of Monroe, State of Florida, and Carson John Barsuglia d/b/a The Breezeswept Restaurant for providing meals for Senior Citizens participating in the Older Americans Act Title III, Nutrition Program in Big Pine Key. RESOLUTION NO. 161-1981 See Res. Book No. 22 which is incorporated herein by reference Adopt the following resolution repealing Resolution No. 276-1980 and to provide for receipt of unanticipated funds from other governmental agencies. RESOLUTION NO. 162-1981 See Res. Book No. 22 which is incorporated herein by reference Adopt the following resolution concerning receipt of unanticipated funds from donations. RESOLUTION NO. 163-1981 See Res. Book No. 22 which is incorporated herein by reference Adopt the following resolution transferring funds. RESOLUTION NO. 164-1981 See Res. Book No. 22 which is incorporated herein by reference W 039 Adopt the following resolution approving partial payment of $43,245.00 to Frank Keevan & Son, Inc., for work completed on paving and drainage improvements, Stirrup Key Road, Monroe County, Florida. RESOLUTION NO. 165-1981 See Res. Book No. 22 which is incorporated herein by reference Adopt the following resolution approve Change Order No. 3 by and between Monroe County, Florida an< Frank Keevan & Son, Inc., on re-design of road in Stirrup Key based on re-design drawings of Post, Buckley, Schuh & Jernigan, Inc. RESOLUTION NO. 166-1981 See Res. Book No. 22 which is incorporated herein by reference Adopt the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute Supplemental Agreement No. 1 by and between the Board of County Commissioners of Monroe County, Florida, and Frank Keevan & Son, Inc., for ADAP Project No. 6-12-0037-0~ at Key West International Airport. RESOLUTION NO. 167-1981 See Res. Book No. 22 which is incorporated herein by reference. Adopt the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute Supplemental Agree- ment No. 2 by and between the Board of County Com- missioners of Monroe County, Florida, and Frank Keevan & Son, Inc., for ADAP Project No. 6-12-0037-05 RESOLUTION NO. 168-1981 See Res. Book No. 22 which is incorporated herein by reference. REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Approval of the following Warrants for May, 1981: WARRANTS General Revenue Fund, #8243-8569, in the amount of $2,273,683.89. General Revenue Fund, FRS, #27-31, in the amount of $604,033.83. Supplement to the General Revenue Fund, #25-26, in the amount of $25,739.58. Fine & Forfeiture Fund, #56-64, in the amount of $501.496.03. Road & Bridge Fund, #46-52, in the amount of $357,562.08. Airport Operation & Maintenance Fund, #25-27, in the amount of $12,624.04. Airport Development & Replacement Fund, #11, in the amount of $12,624.04. Law Library Fund, #22-23, in the amount of $1,019.87. Card Sound Bridge Revenue Fund, #34-36, in the amount of $5,182.91. MSD Tax District, #75-88, in the amount of $1,434,848.05. Workmens Compensation, #94-102, in the amount of $54,460.57. Budget; Contracts Agreements Rd. Prog., 5th&6th Gas Tax. Change Order; Contracts i Agreements Rd. Prog., 5th & 6th Gas Tax; Co. Eng. Airport; Contracts ~ Agreements. Airport; Contracts ~ Agreements. Budget. ~w Budget; Advertisin . Commission ers. Commission ers. Library; Ordinance; Appoint- ments. Approval of the following Advertising Bills for April, 1981 to stewart Newman & Associates: PR Fee $ 1,750.00 Production & Expenses 2,538.45 Media 6,735.95 TOTAL $11,024.40 Motion carried unanimously. The item regarding the Minutes for the month of May, 1981 was postponed until the next meeting. At this time Commissioner Sorensen asked for a poin of personal privilege and read a statement concerning the conduct of certain individuals in this County and the vicious rumors circulated during Mayor Dolezal's recent illness. PUBLIC HEARINGS A public hearing was held on an ordinance creating the Monroe County Library Advisory Board. Proof of publica- tion was entered into the records. Motion was made by Com- missioner Hernandez and seconded by Commissioner Sorensen to read the proposed ordinance by title only if there was no objection from the public. Motion carried unanimously. The County Attorney read the title. The Board heard from Ms. Alice Skinger, Chairman of the Library Board, who advised the Board that the Library Board was in favor of the proposed ordinance. The County Attorney advised the Board that the current members would continue to serve until their terms expire at which time the new members should be named. Dis- cussion ensued regarding the terms of the appointments. The County Administrator was instructed to prepare a list with the current appointments and expiration dates to be forwarded to each Commissioner prior to the next meeting. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to strike the third line from page 2, "All five (5) Commission Districts are to be represented on the Board", from the ordinance. Roll call vote was taken and carried unani- mously. Motion was then made by Commissioner Sorensen and seconded by Commissioner Harvey directing the County Attorney to research and replace with verbiage to reflect that each Commissioner appoint from his or her district and ask that it be heard at the next meeting. Roll call vote was taken on W 041 the motion and carried unanimously. Mr. Proby then advised the Board that it was now his opinion that the current Library Board Members would terminate with the passage of the new ordinance. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to continue the public hearing until the next regular meeting on June 16, 1981. Motion car- ried unanimously. UNFINISHED BUSINESS Next item was the matter concerning the action of thE Commission on May 19, 1981 wherein the Commission on a vote of 3 to 1 instructed the County Attorney's Office to do what was necessary or essential to cancel the lease with Mr. Dill for the Airport Lounge was brought on for re-consideration by Com- missioner Hernandez. After hearing Mr. Dill and his attorney, Miss Imogene Synon, and other matters presented by the County Attorney, motion by Commissioner Hernandez to reconsider actior taken on May 19, 1981 was not seconded and thusly the matter -~ died for lack of said second. The net effect of the discussior and consideration was the County Attorney's Office shall pro- ceed as was directed by the County Commission at its meeting of May 19, 1981. REQUEST TO ADDRESS THE BOARD Mr. Knight, Monroe County Tax Collector, addressed the Board and submitted the Municipal Service District Roll and Delinquent List. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve the Delinquent List and filing of liens. Motion carried unanimously. Mr. Knight along with Mr. Dent, Attorney for the Property Appraiser, discussed the plat of Bermuda Shores and the delinquent taxes that were outstanding at the time of filing of the plat. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to continue the item for two (2) weeks so that the developer could be notified. Motion carried unanimously. Appoint- ments. Airport; Contracts I Agreements; Suits, Af- fecting Co. Co. Tax Assessor- Collector; Districts; Tax Rolls; Tax Delin- quent. Maps & Plats; Co. Tax Assessor- Collector. The Chairman advised the Board of an appraisal of the Appraisals. Chamber Building in Marathon and presented it to the County Administrator. 042 W District; Co. Empl. Audits; Contracts Agreements Zoning. Next item was the discussion of the Assistant Manage position in the Municipal Service District. Motion was made by Cpmmissioner Sorensen and seconded by Commissioner Hernande to postpone this item until the County Administrator's Report is given. Motion carried unanimously. REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Next item was the negotiations and selection of CPA Firms to conduct the County Audits for FY 1980-81, 1981-82 and 1982-83 from the four (4) firms referred by the Audit Selec- tion Committee. Motion was made by Commissioner Harvey and seconded by Chairman Dolezal to adopt the same procedures that were used last year which was to allow each firm to make his presentation while the other firms are not present. Each firm was given five (5) minutes to make their presentation. The following firms were heard: Coppers & Lybrand 1980-81 $ 56,000.00 1981-82 $ 62,000.00 1982-83 $ 83,000.00 TOTAL $185,000.00 1980-81 $ 47,000.00 1981-82 47,000.00 1982-83 51,000.00 TOTAL $145,000.00 1980-81 $ 59,660.00 1981-82 70,820.00 1982-83 82,425.00 TOTAL $193,905.00 1980-81 $ 38,000.00 1981-82 $ 42,000.00 1982-83 $ 46,000.00 TOTAL $126,000.00 Alexander Grant De10itte, Haskins & Sells Orvis Kemp, CPA Motion was made by Commissioner Sorensen and seconded by Com- missioner Harvey to accept the low bid of Orvis Kemp, CPA, in the amount of $126,000.00 and instructing the County Attorney to prepare a contract for presentation back to the Board. Motion carried unanimously. UNFINISHED BUSINESS Commissioner Sorensen discussed the reorganization of the Building/Zoning/Planning Departments and presented a resolution for consideration. Mr. Doyle, Sr. Planner, addressed the Board. Motion was made by Commissioner Hernande and seconded by Commissioner Harvey to postpone this item until after lunch. During discussion a motion was made by W 043 Commissioner Blair and seconded by Chairman Dolezal to adopt the resolution. This motion was withdrawn. Roll call vote was taken on the motion to postpone with the following results Commissioner Blair Commissioner Harvey Commissioner Hernandez Commissioner Sorensen Chairman Dolezal No Yes Yes No No Motion failed. MOtion was made by Commissioner Sorensen and seconded by Mayor Dolezal to adopt the following resolution authorizing the County Administrator to i~plement the Doyle/ Sorensen Plan for providing competent and timely planning, building, and zoning services to the citizens of Monroe County Florida, and authorizing the County Attorney to advertise for a public hearing on the ordinance. Roll call vote was taken and carried with Commissioner Harvey voting no. RESOLUTION NO. 169-1981 See Res. Book No. 22 which is incorporated herein by reference The Board recessed for lunch. Regular Meeting Re-convened -~ The regular meeting re-convened with Commissioners Blair, Harvey, Hernandez and Sorensen present. Commissioner pro tern Hernandez chaired the meeting. Chairman Dolezal was unable to return for the afternoon session due to his recent illness. Also present were Danny L. Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administra tor; members of the Press, Radio, Engineering Firm, and general public. Motion was made by Commissioner Harvey and seconded by Chairman pro tern Hernandez to add the Political Action Group to the agenda to be heard following discussion of the Translator. Motion carried unanimously. -- LEGAL DEPARTMENT Motion was made by Commissioner Harvey and seconded Maps & Plats. by Chairman pro tern Hernandez to adopt the following resolutior approving the Plat of Port Bouganvillea for record. Motion carried unanimously. RESOLUTION NO. 170-1981 See Res. Book No. 22 which is incorporated herein by reference. 044 W Zoning; Airport. Television Licenses & Permits. , Contracts Agreements REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Next item was discussion of the AICUZ Moratorium by the U. S. Navy. Capt. Tom Brown, discussed the new AICUZ proposal and presented the following requests: (1) That a newly revised AICUZ footprint and land use matrix be substituted for the original footprint and matrix which now appears in the Monroe County Comprenehsive Zoning Ordinance. (2) That zoning in various areas of the AICUZ be modified to reduce residential density in the vicinity of Naval Air Station runways. The changes will be confined to Geiger and Big Coppitt Keys. (3) That an ordinance be enacted requiring sound attenuation of future buildings and mobile homes which are placed in certain areas of the AICUZ. (4) That the moratorium on zoning variances and building permits be extended for eight months on those portions of the AICUZ which are either in accident potential zones or in the zone of highest noise intensity (Zone 3) as depicted on the new AICUZ footprint. Properties af- fected by this request are somewhat less than those covered by the current moratorium. Motion was made by Chairman pro tern Hernandez and seconded by Commissioner Harvey to extend the moratorium for eight (8) months on APZ-l and APZ-II (those area outlined in yellow on map). Motion carried unanimously. Motion was then made by Commissioner Harvey and seconded by Commissioner Blair to refer Capt. Brown's recommendations to County staff and the Zoning Board with opinion of Counsel on each proposal. During discussion the motion was amended to include only recommenda- tions 1 and 2. Motion as amended carried unanimously. Motion was then made by Commissioner Blair and seconded by Commission er Harvey instructing staff to draw up an ordinance and to advertise for public hearings on a noise attenuation ordinance in accordance with the Navy's request. Roll call vote was taken and carried with Commissioner Sorensen voting no. LEGAL DEPARTMENT The next item for discussion was a report on Tele- Media Franchise and the status of the County Translator Permits. Commissioner Blair asked that the Board deal with the question of the Franchise Agreement and to hear the item concerning the Translator separate. The Board agreed. Mr. W 045 Proby advised the Board that the Commission has copies of the amended Franchise as has been proposed by Tele Media Co. He also advised the Board that there have been three (3) negotia- tion sessions with Tele Media. Mr. Jack spottswood, Attorney, representing Tele Media Co., of Key West, addressed the Board and indicated that he was not notified that he should be pre- sent today for final negotiations and that Mr. Tudek, Presiden , would have to make the final decision on this matter and he wa~ not in town. Commissioner Blair indicated that he wanted to take appropriate action today on the final draft. Counsel advised that he did not feel it would be appropriate since all parties involved were not notified. Mr. spottswood briefed the Board on the franchise fee based upon the gross percentage of monthly subscribers fee. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to call for a special meeting on Monday, June 8, 1981 at 10:00 A.M., in the Board Room at the new Administrative Building with all ap- propriate staff to have a work session on their franchise agree mente Motion carried with Commissioner Blair voting no. During discussion it was indicated that at this work session the Board would not take finanl action, the agreement would be broken down to a final draft to bring back to the Board for presentation so that everybody will have input at that time. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS The Board then discussed the County Translator Television; Licenses & Permits; Ordinance; Permits with FCC that will expire on July 16, 1981. Commis- sioner Blair presented a draft ordinance which would create the Monroe County Television Translator Board; provide for member- ship and qualifications on said Board; provide for the ~~- organization and functions of said Board; declare budgeting and expenditure of funds pursuant to said ordinance to be a County and public purpose; provide for severability for invalid portions; repeal all ordinances or parts of ordinances in con- flict with said ordinance; provide for inclusion and incorpora- tion of this ordinance in the Code of Ordinances in the County of Monroe, Florida; and provide an effective date. Motion was made by Commissioner Blair and seconded by Commissioner Harvey ~w to declare that an emergency exists due to the FCC Permits expiring in July and waiving the requirements of advertising the proposed ordinance under the requirements of Florida Statutes. Mr. Jack spottswood, Attorney representing Tele Medi~ Co., of Key West, addressed the Board indicating that it was his opinion that this was not an emergency, that the emergency has arisen due to the fact that the County feels that because they have not had the money budgeted since last fiscal year that Tele Media can go before the FCC and ask the FCC to have the application dismissed due to the fact that Monroe County does not have sufficient funds budgeted and available to build the Translator System. He advised the Board that Tele Media is not going to oppose the County's request for an extension of time on the hearing which has been set and reset several times. He feels that it is no emergency because he is prepared to tell FCC that Tele Media will not oppose the County's extension of time until such time as they have completed the negotiations and as long as the negotiations are in progress and being conducted in good faith they have no problem with it. The County Attorney asked Mr. Spottswood to reduce his comments to writing to his counsel and file it with the FCC. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Com- missioner Harvey to read the ordinance by title only if there was no objection from the public. Motion carried unanimously. Commissioner Blair briefly described the ordinance. A public hearing was held. The following individuals spoke in favor of the ordinance: Mrs. Herbert Landy, Mr. Bill Westray, Mr. Joel Rosenblatt, Ms. Marsha Gobo, Mr. Herbert Goodwin, Mr. Hank Nauberit, Mr. Robert Tuttle, and Mr. Dick Akers. Mr. Jack spottswood spoke against the ordinance. After public discus- sion a motion was made by Commissioner Blair and seconded by Commissioner Harvey to adopt the ordinance creating the com- mittee as presented. Lengthy discussion ensued. Commissioner Sorensen discussed several amendments. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to strike the names that have been provided in the ordinance. w 047 Motion carried unanimously. Commissioner Hernandez asked that Section 3 be reworded so the Board and not the committee solicit the bids. This was accepted by the maker of the motioI. Motion was made by Commissioner Sorensen and seconded by Com- missioner Harvey to include a Section 10 to provide for the ordinance to expire one (1) year from its adoption unless renewed by the Board of County Commissioners. Commissioner Blair offered an amendment that the terms of the committee expire at the time of "sundown". The makers of the motion Roll call vote was taken and carried unanimous 1, . agreed to the amendment. /The Board nominated the following individuals to the Television Translator Board: Commissioner Hernandez nominated Mr. Richard Akers Commissioner Harvey nominated Mr. Henry Nauberit Commissioner Blair nominated Mr. Joe Rosenblatt Commissioner Sorensen nominated Mr. Henry Staples Appoint- ments; Motion was made by Commissioner Sorensen to appoint Ms. Edith Shortman as the fifth member due to the absence of the Chairman Ms. Shortman declined. Motion was then made by Commissioner Sorensen and seconded by Commissioner Hernandez to appoint Mr. Frank Shortman. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Chairman pre tern Hernandez to put the translator issue to Referendum on Referendum. November 3, 1981. Roll call vote was taken 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 Commissioner Blair and seconded by Commissioner Harvey to postpone the Referendum issue until September 8, 1981. Roll call vote was taken with the following results: Commissioner Blair Commissioner Harvey Commissioner Sorensen Chairman pro tern Hernandez Yes Yes No No Tie vote, motion failed. Motion was then made by Commissioner Hernandez and seconded by Commissioner Harvey to call for a public hearing in three (3) locations of the County starting with the July 14, 1981 meeting in Key West. Motion carried with Commissioner Sorensen voting no. ORDINANCE NO. 5-1981 See Ord. Book No. 5 which is incorporated herein by reference. o48W Budget; Recreatior Funds, Revenue Sharing. Contracts AgreementE Machinery Equipment Attorney. License & Permits; Zoning. Mr. Emory Major representing the Political Action Womens Club addressed the Board and requested support in restoration of the original Douglas School located on the Truman Annex and advised the Board that the City of Key West had passed a resolution supporting this project. Motion was made by Commissioner Blair and seconded by Commissioner Harvey instructing the County Attorney to draft the resolu- tion and authorizing the Chairman to execute same concerning the restoration of the Douglas School. Motion carried unanimously. RESOLUTION NO. 171-1981 See Res. Book No. 22 which is incorporated herein by referenc . Mr. Fred Shaw representing the Douglas Community and the District School Board of Monroe County addressed the Board regarding funds for recreation in the Douglas Community. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to allocate the sum of $2500.00 from the Lower Keys Recreation Funds or other avail- able sources, to be used in the Douglas Community. Motion carried unanimously. At this point in the meeting Chairman pro tern Hernandez made a motion which was seconded by Commissioner Harvey to continue the public hearing on the Federal Revenue Sharing Proposed Use Hearing which was scheduled for 5:00 P.M until 7:00 P.M. Motion carried unanimously. UNFINISHED BUSINESS Motion was made by Commissioner Blair and seconded by Chairman pro tern Hernandez to authorize transfer of lease agreement to the County with Hertz Car Leasing Corp., for the County Attorney effective May 1, 1981 in the amount of $240.45 per month. Motion carried unanimously. Motion was made by Commissioner Sorensen and secon- ded by Commissioner Harvey to approve the application of Rachel Mitchell for Occupational License for a clairvoyant (fortune teller) pursuant to Section 205.341, Florida Statute per staff recommendation. Motion carried unanimously. Mr. Stephen Ban, a resident of Marathon, addressed the Board and presented a petition signed by 46 residents w O~ requesting the Board of County Commissioners to investigate Mr. Kenneth Buchanan for unprofessional conduct, using his position for personal gain and revenge and using foul language in his course of work and discriminating harassment. This matter was referred to the County Administrator and legal counsel. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Next item was a letter and resolution from the City of Key West requesting the Monroe County Commission to levy a Tourist Development Tax in the City of Key West and submit to Referendum. Commissioner Blair advised the Board that the State has not resolved the issue concerning the Resort Tax but that they will adjourn in a couple of days. The latest bulletin from SACC was that they would not or are not in the process of doing anything on this issue prior to adjournment. After lengthy discussion a motion was made by Commissioner Blair instructing the Attorney to prepare a resolution in accordance with Chapter 125.0104 (4) (b) for presentation at the June 16, 1981 Board meeting for the purpose of establishinc the Tourist Development Council. Commissioner Blair then amen ded his motion to June 8, 1981 and it was seconded by Commis- sioner Harvey. Also the County Administrator was instructed to contact all the Chamber of Commerces and have them present or represented at the meeting. Motion carried unanimously. County Employee. Referendum; Tax Asmt. Motion was made by Commissioner Sorensen and secondec Bids & Proposals; by Commissioner Harvey to accept the recommendation of the Machinery I Equipment. Public Works Department and award the bid for three (3) stake body dump trucks to the low bidder Aldo Ford, Inc., Miami, Florida, in the amount of $19,416.00 per unit for a total of $58,248.00. Motion carried unanimously. UNFINISHED BUSINESS The County Attorney discussed the operation of the Municipal Service District and indicated that Mr. Aguero, the Manager, was on the same level as the County Administrator, Mr. Lewin. However, he advised the Board tht Mr. Aguero must submit his recommendations to be approved by the Board of District; Co. Empl. 050 W Opinions, Legal; Budget. County Commissioners. He felt that the MSD could utilize the Personnel Department of the County. Motion was made by Com- missioner Blair and seconded by Commissioner Sorensen to refer this matter to the County Attorney for his legal opinion con- cerning policy on personnel and budgetary matters of the MSD. Roll call vote was taken and carried unanimously. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Bids & The County Administrator advised the Board that it Proposals; Contracts was the recommendation of staff to award the bid for instal- Agreements lation and repair of Daybeacons in Kemp Channel to the low Rd. Progm. 5th & 6th<; Gas Tax; Bids & Proposals; Co. Eng. Contract t Agreement~ Co. Admin bidder, Frank Keevan & Son, Inc., in the amount of $13,327.00. Motion was made by Commissioner Harvey and seconded by Com- missioner Blair to adopt the following resolution authorizing the Chairman to execute a contract by and between the Board of County Commissioners and Frank Keevan & Son, Inc., for installation and repair of Daybeacons in Kemp Channel in the amount of $13,327.00. Motion carried unanimously. RESOLUTION NO. 172-1981 See Res. Book No. 22 which is incorporated herein by reference The County Administrator discussed Jr. College Road Project. Motion was made by Commissioner Harvey and seconded by Commissioner Blair instructing staff to prepare specifica- tions and to advertise and call for bids for improvements on Jr. College Road contingent upon the approval of the City of Key West maintaining and policing of the road. Motion carriec unanimously. Mr. Lewin discussed the renewal of his Contract witt the Board. Discussion ensued regarding the reason for the renewal at this time since it does not expire until November _ , 1981. There were several suggested changes. Commissioner Hernandez indicated that he want to delay consideration of the contract until Budget Hearing time. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to postpone discussion of this item until Budget preparation time. During discussion Commissioner Sorensen suggested that the language in Section F be deleted v~ch deals with termina- tion without cause and allows Mr. Lewin to automatically w 051. revert to the Office of Director of Planning, Zoning and Building at a salary comparable with the salary he received upon leaving said office. Also that in Section 2, the first paragraph add "Administrative Orders". Also page 6, under "Termination without Cause", the wording, "In addition, he shall receive his reasonable attorney's fees and court costs incurred in successfully bring said suit, but he shall not be entitled to reinstatement as County Administrator", be justifiE:1. Both Commissioner Harvey and Commissioner Blair wanted clarifi cation of dual payment of salaries if contract is terminated. Commissioner Harvey made a motion to accept the contract with the provisions that have arisen. No second was received to his motion. Motion died for lack of a second. Commissioner Blair amended the motion to postpone for two (2) weeks until June 16, 1981. The amendment was accepted by the maker of the motion. During discussion Commissioner Harvey moved to post- pone this item until June 8, 1981. No second was received to this motion. Motion died for lack of a second. Roll call vot was taken on the original motion with the amendment to postponE until June 16, 1981 and carried with Commissioner Harvey votinc no. Motion was made by Commissioner Sorensen and secon- ded by Commissioner Harvey to adjourn the meeting to the next scheduled meeting. The Clerk explained that there was a public hearing advertised that there would be problems if it were not heard today. Motion was withdrawn. The regular meeting was recessed in order to hold the public hearing. FRS proposed Use Hearing The Proposed Use Hearing for FRS Funds was held Funds, FRS. at 7:30 P.M. Present and answering to roll call were Com- missioners Blair, Harvey, Sorensen and Chairman pro tern Hernandez. Also present were Mr. Kolhage, Deputy Clerk; Mr. Proby, County Attorney; Mr. Lewin, County Administrator; Members of the Press, Radio, and general public. Proof of publication was entered into the records. No one in the audience spoke for or against the issue. Motion was made by Commissioner Sorensen and seconded by Commissioner ~w Sheriff Civil Defense. Harvey to adopt the following allocation of FRS Funds. During discussion Commissioner Blair amended the motion to specify that the S220,000.00 be allocated to the Sheriff for additiona to personnel/be used in the jail operation. The maker of the motion did not accept the amendment. Roll call vote was taken on the original motion and carried with Commissioner Blair voting no. The following distribution of Federal Revenue Funds was approved: 1. Update of Marathon Airport Master Plan. $ 5,000.00 2. Finance Program for Clerk's Office. 60,000.00 3. Increase in pay for working Deputies.60,000.00 4. Tools & Equipment for Marathon Garage. 22,822.00 5. Repairs & Renovations of Admin- istration Building. 20,000.00 6. Advertising Commission. 63,000.00 7. Bookmobile 45,000.00 8. Repairs to Jail 55,000.00 220,000.00 9. Additional personnel for Sheriff 10. Islamorada Library 25,000.00 11. pine Key Property 65,000.00 18,000.00 54,293.18 $713,115.18 12. Judges Room in Marathon 13. Contingency Fund TOTAL This concluded the public hearing. The regular meeting re-convened. Regular Meeting Re-convened The regular meeting re-convened. Commissioner Sorensen left the meeting at this point. Everyone else was present. REPORTS AND RECO}U~ENDATIONS OF COUNTY ADMINISTRATOR Mr. Hal Miller, Director of Division of Disaster Preparedness, made a report and answered some questions from the Commissioners pertaining to the Civil Defense Plan. Mr. Theodore Simmons, President of the Key West Amateur Club dis- cussed the clubs involvement in preparation for disaster con- trol and discussed problems with shelters. This matter was referred to the County Administrator. ~ w 053 REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Next item was Commissioner Harvey's discussion con- CETA Employees. cerning transfer of certain CETA employees to County employ- ment. Motion was made by Commissioner Harvey and seconded by Commissioner Blair to convert the following positions to probationary status in regular County employment: Pay Grade Key West International Airport 2 Safety Officers 1 Security Guard 37 34 Disaster Preparedness ]. Receptionist 26 County Home 3 Attendants 1 Assistant Cook 32 32 Transportation Department 1 Secretary 30 Social Services Office - Marathon 1 Secretary 30 Public Works 1 Custodian 27 Animal Shelter plantation 1 Animal Tender 28 Animal Shelter Marathon 1 Animal Tender 28 Total payroll from June 1, through September 30, 1981 would be $34,325.12. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Harvey and seconded Contracts & Agreements; by Commissioner Blair to adopt the following resolution autho- Change Order; Rd. rizing the Chairman of the Board of County Commissioners of prog., 5th& 6th ~ Gas Monroe County, Florida, to execute Change Order No.1 to the Tax. Contract by and between the Board of County Commissioners of Monroe County, Florida and the Brewer Co., of Florida, Inc., for paving and drainage improvements, 2nd Avenue, Stock Island. Motion carried unanimously. RESOLUTION NO. 173-1981 See Res. Book No. 22 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded Districts; Bonded Indebted- ness. by Commissioner Blair to adopt the following resolution authorizing the Boulevard Bank to adjust interest rate on loans for Special Tax Districts. Motion carried unanimously. RESOLUTION NO. 174-1981 See Res. Book No. 22 which is incorporated herein by reference. I I / 054W Motion was made by Commissioner Harvey and seconded by Commissioner Blair to move all other items not considered until June 8, 1981 special meeting. Motion carried unanimous- ly. The following items were continued: UNFINISHED BUSINESS 4. Budget Transfers - MSD. REPORTS AND RECOMMENDATIONS OF COUNTY AD~INISTRATOR 3. Approval of Administrative Orders. 12. Discuss sale of CES property on Cudjoe Key. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS 3. Commissioner Harvey - to discuss increasing the documentation Stamp Tax on $100,000.00 real estate transactions (with County Referendum and Legislative approval). 4. Commissioner Harvey - to discuss Aqueduct's minimum water charge. 7. Commissioner Sorensen - to re-consider Baker Act Funds. LEGAL DEPARTMENT 6. Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florid, to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florid. , and the Health Systems Agency of South Florida, Inc. 12. Report on suggested Mobile Home Ordinance. 18. Consider execution of a lease with Alex for the pick up of junk automobiles. REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Commis~ sioners. 2. Approval of the Minutes for May, 1981. There being no further business a motion was made by Commissioner Harvey and seconded by Commissioner Blair to adjourn the meeting. Motion carried unanimously. 1