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09/08/1981Regular w 153 Regular Meeting Board of County Commissioners Tuesday, September 8, 1981 10:00 A.M., Plantation Key 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., Commissioner Ken Sorensen and Chairman George Dolezal. Also present were Danny Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the Press and Radio; and general public. All stood for the Invocation and Pledge of Allegianc to the Flag. Motion was made by Commissioner Hernandez and secon- ded by Commissioner Blair to approve the following items in bulk if there was no objection from any of the Board Members: UNFINISHED BUSINESS Adopted the following resolution transferring funds. RESOLUTION NO. 261-1981 See Res. Book No. 24 which is incorporated herein by reference REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Approved travel for Mr. Herman Stein, Vice Chairman of the Zoning Board for attending Zoning Board Meetings during the period of December, 1980 through May, 1981. Approved payment to M. Vincent Protheroe, P.E., in the amount of $1,325.00 for Solid Waste Report. Approved a refund in the amount of $90.00 to Cecil and Ramona Black for a filing fee paid for a zoning change which could not proceed to the Zoning Board due to the fact that the necessary dimensional variance was denied by the Board of Adjustment. Accepted proposal from Frank Keevan and Son, Inc., to repair the damaged high voltage electrical lines to the runway lights, wind sock lights, and VASI lights at Key West International Airport that were damaged by a recent lightning strike in the amount of $7,350.00 and if necessary additional or replacement 5KV conductors will be priced at $.58 per lineal foot installed. Adopted resolution authorizing the Chairman of the Board of County Commissioners to execute a Pro- ject Agreement, _development by .and between the State of Florida, D~partw~nt of;Natural ResQurce~ and Monroe, CopntY~~R1Qrida~-n6atifig Improvement Fund 154 w Prject on Kemp; Channel. .', I : RESOLUTION NO. 262-1981 See Res. Book No. 24 which is incorporated herein by reference Adopted the following resolution transferring funds. RESOLUTION NO. 263-1981 See Res. Book No. 24 which is incorporated herein by reference REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Approval of the Minutes for the month of August, 1981. Approval of the following Advertising Bills: Key Colony Beach Chamber of Commerce - $310.00; Greater Key West Chamber of Commerce - $3,170.00; Florida Upper Keys Chamber of Commerce - $2,058.40; Stewart Newman Associates - Media - $3,452.20; P R Fees - $1,750.00; and expenses - $6,417.37. Approval of 1980-1981 Budget for Key Colony Beach Chamber of Commerce in the amount of $310.00. Approval of payment to Mullin, Connor and Rhyne, P.C., in the amount of $1,238.56 on Transla- tor Suit. Authorized Chairman to execute letter of engagement with Kemp and Rosasco, CPA, for examinations of the financial statements for the following Social Services Grants: Nutrition III-C (1) and III-C (2) for fiscal year 1980-81; Homemaker's Grant for fiscal year 1980-81; Community Care for the Elderly for fiscal year 1980-81; Transportation Title III-B for fiscal year 1980-81. Approved the following Warrants: WAR RAN T S General Revenue Fund, #11294-11860, in the amount of $901,564.16. General Revenue Fund FRS, #42-43, in the amount of $33,209.89. Supplement to the General Revenue Fund, #36-37, in the amount of $35,605.51. Fine & Forfeiture Fund, #91-99, in the amount of $23,603.87. Road & Bridge Fund, #72-74, in the amount of $259,303.99. Airport Revenue Fund, #52-53, in the amount of $761.94. Airport Operation & Maintenance Fund, #42-43, in the amount of $13,955.27. Law Library Fund, #31, in the amount of $1,197.81 1~ w Card Sound Bridge Revenue Fund, #48-49, in the amount of $1,197.81. MSD Tax District,#121-124, in the amount of $575,360.88. Workmens Compensation, #139-143, in the amount of $2,969.77. MSD Tax District FRS, #4, in the amount of $93.18. MSD Tax District #100-B, #39,40,41,42,43,44, in the amount of $2,163.70. MSD Tax District #72, #40,41,42,43,44, in the amount of $6,743.76. MSD Tax District #73, #40,41,42,43,44, in the amount of $2,463.51. MSD Tax District #74, #40,41,42,43,44, in the amount of $ 3,073.80. MSD Tax District #75, #40,41,42,43,44, in the amount of $8,484.14. MSD Tax District #76, #40,41,42,43,44, in the amount of $9,865.07. MSD Tax District #100-A, #40,41,42,43,44, in the amount of $1,548.64. MSD Tax District #100-C, #40,41,42,43,44, in the amount of $4,957.94. MSD Tax District #100-H, #40,41,42,43,44, in the amount of $14,293.30. MSD Tax District #500-L, #40,41,42,43, in the amount of $1,221.86. PUBLIC HEARING A public hearing on abandonment of a portion of Catherine Street in Matecumbe Beach Subdivision was continued. Proof of publication was previously entered into the records. Mr. Bernard Russell and Mr. Fred Tittle, Attorney, discussed this item. Motion was made by Commissioner Blair and seconded by Commissioner Harvey to continue the public hearing until October 20, 1981 and the legal staff was instructed to notify the affected property owners. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Mr. John Keane, Public Defender, was scheduled to discuss office space in Is1amorada and CRT Terminals. Motion was made by Commissioner Hernandez and seconded by Commissione Harvey to postpone this item. Motion carried unanimously. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator advised the Board of the 156W School Boards desire to use two (2) of the County's Voting Machines at Glynn Archer Elementary. Motion was made by Com- missioner Harvey and seconded by Commissioner Hernandez to authorize the loaning of the voting machines. Motion carried unanimously. Motion was made by Commissioner Sorensen and secon- ded by Commissioner Hernandez instructing the County Attorney to draft a resolution and the Chairman to execute same chang- ing the name of the Office of Division of Disaster Preparednes to the Office of Civil Defense. Motion carried unanimously. RESOLUTION NO. 264-1981 See Res. Book No. 24 which is incorporated herein by reference Mayor Dolezal discussed the Contractors Examining Board. No action was taken. Mayor Dolezal discussed the Budget of the Big Pine AARP Association. No action was taken. Mayor Dolezal discussed operation of stations at Plantation Key and Marathon and the use of oil company credit cards. Mr. John Keane, Public Defender, discussed the purchase of CRT Terminal. He advised the Board that a new one would cost $3500.00 and a used one $2700.00. Mayor Dolezal made a motion to authorize the Public Defender to expend $4200.00 from his Budget for 1980-81 for the purchase of a CRT Terminal. Motion was withdrawn. Motion was then made by Chairman Dolezal and seconded by Commissioner Hernandez authorizing the expenditure of $4200.00 from the Public Defender's Budget for fiscal year 1980,81 subject to the opinion of the County Attorney for the purchase of a CRT Terminal. Roll call vote was taken and carried with Commissio - er Blair voting no. The Board recessed for lunch and will re-convene at 2:00 P.M. Board of County Commissioners Meeting - Reconvened - 1:30 P.M. The Board re-convened at 1:30 P.M. with all the Commissioners present along with staff that was present for th morning session. W 157 UNFINISHED BUSINESS Mayor Dolezal discussed the amendments to the pro- posed Air Florida Lease at the Marathon Airport. Mr. Fred Adams, President of the Marathon Chamber of Commerce, discusse the lease and supported the amendments. Motion was made by Commissioner Sorensen to approve Article XIII, Amendment 7. Motion was withdrawn. Motion was then made by Commissioner Sorensen and seconded by Commissioner Hernandez to adopt the following amendments: (1) Amend the lease on page 2, paragraph 2. Add after the period "upon approval of the Super- visor of the Marathon Airport". (2) Amend paragraph 4, page 2, striking entire paragraph. (The lease is always subject to revision upon agreement of the parties.) (3) Amend paragraph 5, page 2. Strike entire para- graph. (This paragraph gives the lessee the right to install, maintain, and operate, and places the burden of finding adequate property upon the County.) (7) Amend Article IV, page 12, to add therein "Mayor and Chairman of the Board of County Commissioners of Monroe County, Monroe County Courthouse 33040. Roll call vote was taken and carried unanimously. The Board discussed the following amendment: (6) Article XIII - Assignment and Subletting Lessee shall not at any time assign this agree- ment or any part thereof, nor sublet all or any portion of the leased premises herein without written approval of Lessor passed by resolution of equal solemnity as the passage and execution of this document; provided however, that Lessor shall not unreasonably withhold approval. The prohibitions above stated include assignmen of this agreement to any corporation with which Lessee may merge or consolidate or which may succeed all or any portion of the business of Lessee. Motion was made by Commissioner Sorensen and seconded by Chair man Dolezal to adopt Amendment No.6. During discussion a motion was made by Commissioner Harvey and seconded by Com- "..... missioner Hernandez to postpone and refer to the County Attorn y. Commissioner Hernandez amended the motion to be contingent upon the Lease of PBA containing the same provisions and if not that it be brought back to the Board. Commissioner Soren- sen accepted the amendment. Roll call vote was taken on the amendment with the following results: Commissioner Blair Commissioner Harvey Commissioner Hernandez Commissioner Sorensen Chairman Dolezal No No Yes No No W 158 Motion failed. Motion was then made by Commissioner Sorensen and seconded by Chairman Dolezal to adopt as presented. Roll call vote was taken and carried with Commissioner Harvey and Commissioner Hernandez voting no. Motion was then made by Commissioner Sorensen and seconded by Chairman Dolezal to - adopt the following portion of Amendment No.5: (5) This provisinn is without exception as to seasons or months of the year. Lessee shall furnish on a monthly basis with its check for rent, a detailed report to the County Super- visor of Marathon Airport, the Monroe County Director of Airports, and each member of the Board of County Commissioners such report showing flight schedule cancellations and the reason for such cancellations if any. (Author- ity regarding cancellations is Ken Agnew, Supervisor of Marathon Airport) Roll call vote was taken and carried unanimously. Motion was made by Commissioner Blair and seconded by Chairman Dolezal to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute an Agreement by and between the County of Monroe, State of Florida and Air Florida, Inc., for use of the Marathon Airport facilities. Motion carried unanimously. RESOLUTION NO. 265-1981 See Res. Book No. 25 which is incorporated herein by referencE. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR The Board discussed admission to the County Home for Pedro Diaz and Mary B. Herrick. Motion was made by Com- missioner Hernandez and seconded by Commissioner Harvey to enter into an Agreement with Pedro Diaz and Mary B. Herrick for the Monroe County Home, Adult Congregrate Living Facility for Elderly. Roll call vote was taken and carried unanimously. Commissioner Sorensen discussed the possibility of placing a cap on future admissions. No action was taken. ..'~ REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Commissioner Sorensen discussed the Port Largo Airport and requested that the County Attorney be authorized to proceed with litigation to obtain property at Port Largo Airport. Ms. Jan Bennett of the Port Largo Property Owners Association supported the continuation of the airport. Mr. Charles Netter, Attorney, representing the developer and ~ 159 and principal, discussed the airport. Mr. Jerry Ratcliffe al- so discussed this item with the Board. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to authorize the County Attorney to take steps to proceed with litigation to obtain the Port Largo Airport. During discussic a motion was made by Commissioner Blair and seconded by Com- missioner Harvey to postpone this item. Roll call vote was taken and carried with Commissioner Hernandez and Commissioner Sorensen voting no. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to approve job-classification for the Municipal Service District. Roll call vote was taken and carried with Commissioner Harvey voting no and CommissionE Hernandez abstaining. (See job-classifications in agenda file) Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to approve Change Order No.1 on Al)'~ Project No. 6-12-0037-05 at the Key West Internationa Airport bringing the new contract amount to $303,537.69. Motion carried unanimously. The Board adjourned the meeting until September 9, 1981 at 1:00 P.M. in Key West. Public Hearing - Budget September 8, 1981 - 5:05 P.M. Plantation Key, Florida The Board of County Commissioners conducted a public hearing pursuant to Chapter 129 and 200 of the Florida Statutes on the following County Funds and Budgets for fiscal year 1981-82: General Revenue Fund, Fine and Forfeiture Fund Monroe County Transportation Trust Fund, Airport Revenue Fund Airport Operation and Maintenance Fund, Airport Development and Replacement Fund, 1965 Building Certificates, Law Library Card Sound Bridge Interest and Sinking, Card Sound Bridge Revenue Fund, Monroe County's Workmens Compensation Trust Fund, 1981 Improvement Bonds Fund, and Capital Projects Fund, Municipal Service District (Waste), and Municipal Service Tax Districts 100A, 100B, 100e, 100H, 3, 500L, 5001, 4, 5, and 6. 160 W Present and answering to roll call were Commissione Curt Blair, Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez, Jr., Commissioner Ken Sorensen and Chairman George Dolezal. Also present were Danny L. Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administra tor; members of the Press and Radio; and general public. The following individuals spoke: 1. Tom Fouts 2. Phyllis K. Fernandez 3. Grace Kendall 4. Bill Radloff 5. Lou Greene 6. Tom Gato 7. Al Frigola, Attorney for Ocean Reef Property Owners Association 8. Jim Rowe 9. Mary Snowden 10. Hank Mazanek 11. Glen Shaver 12. Betty McDevitt 13. Fred A. Phillips 14. Fuller Kendrick 15. Perry Idil, President of Venetian Shores Home- owners Association 16. Jerry Recog 17. Bill McGoawan 18. Carl D. Schneider 19. Richard Hawkins 20. Jack Chatten 21. Peter Bacle 22. Mike Puto Motion was made by Commissioner Blair and seconded by Commissio - er Sorensen to adjourn the public hearing until 5:30 P.M., Wednesday, September 9, 1981 in Key West. Motion carried unanimously. Public Hearing Budget - District 2 September 8, 1981 Plantation Key A public hearing was held on the above date to w~ consider a Budget for District 2 for fiscal year 1981-82. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez, Jr., Commissioner Gerald Partney, and Chairman George Dolezal. Also present were Danny Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the Press and Radio; and general public. Motion was made by Commissioner Partney and seconded by Chairman Dolezal instructing staff to submit a new budget reflecting approximately a 10 percent increase over last years Budget. Motion carried unanimously. Motion was made by Chairman Dolezal and seconded by Commissioner Harvey to continue the public hearing until 5:30 P.M., Wednesday, September 9, 1981 in Key West. Motion car- ried unanimously.