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08/12/1980 Regular - V_ 001 Regular Meeting Board of County Commissioners Tuesday, August 12, 1980 10:00 A.M., Marathon, Florida A regular meeting of the Board of County Commission- ers convened on August 12, 1980 at 10:00 A.M. Present and answering to roll call were Commissioner Curt Blair, Com- missioner George Dolezal, Commissioner Jerry Hernandez, Jr., Commissioner Richard Kerr, and Chairman Don Schloesser. Also present were Ralph W. White, Clerk; Michael Cates, County Attorney; members of the Press and Radio; and general public. All stood for the Invocation and Pledge of Allegiance to the Flag. ADDITIONS OR CORRECTIONS TO AGENDA First item discussed was the matter concerning a proposed ordinance to prohibit the building and storage of crawfish traps on RU-l Zones. The ordinance is not scheduled for public hearing until sometime in September. Motion was made by Commissioner Kerr and seconded by Commissioner Dolezal declaring a moratorium on the issuance of citations by the Building Department for any violations until such time that the public hearing on the ordinance could be held. Motion carried unanimously. PUBLIC HEARING The next item was a continuation of a public hearing on an ordinance providing that the Code of Ordinances, County of Monroe, be amended by amending Chapter l3, Article III, Section l3-43 concerning noise control at the Marathon Airport. Proof of publication was previously entered into the records. After lengthy debate by members of the public and the Board in which it was noted there were discrepencies in the FAA noise criteria regulations a motion was made by Commissioner Dolezal and seconded by Commissioner Blair to continue the public hearing until September 23, 1980 in Marathon and that the staff seek clarification on all the matters which were dis- cussed regarding the FAA regulations. Motion carried with Chairman Schloesser voting no. Ordinance; Zoning; Licenses & Permits. Ordinance; Airport. V 002 Co. Admin. ~ Airport; Lease, Co. Property. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Dr. Pauline Calloway, University of Florida District Agent, introduced Mr. Jeff Fisher to the Board as a candidate for the position of Monroe County Extension Director. Motion was made by Commissioner Hernandez and seconded by Commissionel Kerr to ratify Mr. Fisher's appointment effective September 121 ~ 1980. Motion carried unanimously. UNFINISHED BUSINESS The County Attorney reported back regarding the negotiations with the airlines for counter space at the Key West International Airport. He presented the following: Naples Airlines (PBA) is willing to make a capital investment placing a temporary office structure adjacent to the terminal for operations if they could receive a lease agreement until September, 198.. Air Miami is interested in counter space only inside the terminal on either a month to month basis or a one (1) year lease. Dodge Airlines was no longer interested at this time. Sun Air stated that the counter space proposed was not acceptable and therefore was no longer intereste< . l I Motion was made by Commissioner Hernandez and seconded by Com- missioner Kerr instructing the Attorney to prepare a lease wit Naples Airlines (PBA) and present it back to the Board. Motiol carried unanimously. Motion was then made by Commissioner Hernandez and seconded by Commissioner Blair instructing the Attorney to prepare a lease with Air Miami and present it back to the Board. During discussion a motion was made by Com- missioner Kerr and seconded by Chairman Schloesser to amend the motion requiring that Mr. Cooper of Air Miami pay the back due rent of Shawnee Airlines of which he was a stock holder. Roll call vote was taken on the amendment and failed with the following results: ~ , Commissioner Blair Commissioner Dolezal Commissioner Hernandez Commissioner Kerr Chairman Schloesser No No No Yes Yes Roll call vote was then taken on the original motion and car- ried with Commissioner Dolezal voting no. Representatives from Key West Airlines then addressed the Board along with V 003 representatives of Air Florida and advised the Board that Air Florida would be entering into a sub-lease for counter space and maintenance facilities with Key West Airlines and that the sub-lease would be presented to the Board of County Commission ers for ratification as quickly as possible. --- I Mr. Harry Knight, Tax Collector, discussed with the Co. Tax ColI. & Assessor. Board the proposal regarding his office assuming the duties now performed by the Municipal Service District personnel. After lengthy discussion a motion was made by Commissioner Kerr and seconded by Chairman Schloesser to postpone this item until the August 26, 1980 meeting in Key West. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Bids & Proposals; Commissioner Blair to accept the following bid for Municipal Districts; Machinery ~ Service Taxing Districts l-C, l-D and 3 based upon staff Equipment; Co. Fire & recommendation: Amb. Corps. Saulsbury Fire Equipment Corp. - $127,560.00 per unit. Motion carried unanimously. Commissioner Blair reported on a porposed contract Contracts ~ Agreements; Surplus Property. with the City of Key West for managing the Naval Station property which would allow for joint participation with the City of Key West. After discussion a motion was made by Com- missioner Hernandez and seconded by Commissioner Dolezal to postpone this item until the August 26, 1980 meeting. LEGAL DEPARTMENT A representatives of Recreation Planning Associates, Contracts I Agreements. Ltd., Dr. Dave Greenberg, appeared before the Board seeking modification of their contract with the Board of County Com- missioners to increase the per-diem retroactive from $60.00 -- to $75.00 per day. After discussion a motion was made by Commissioner Dolezal and seconded by Commissioner Hernandez to deny the request instructing Dr. Greenberg to meet with County staff consisting of the Clerk, the County Attorney, and the County Administrator and have them submit recommen- dations back to the Board on this matter. Motion carried with Chairman Schloesser voting no. V 004 REPORTS AND RECOMt-1ENDATIONS OF COUNTY ADMINISTRATOR Licenses & Motion was made by Commissioner Kerr and seconded by Permits; Zoning. Commissioner Hernandez to deny the following variances to the AICUZ Zone for Scharf Land Development Co.: Permission to place a mobile home on Lot l4, Block II of Tamarac Park Subdivision as recorded in Plat Book 6, page 55 and located in Section 27, Township 67 South, Range 26 East, Geiger Key, zoned RU-5 in AICUZ C-2 Zone. permission to place a mobile home on Lot l2, Block 13 of Tamarac Park Subdivision, as recorded in Plat Book 6, page 55 and located in Section 27, Township 67 South, Range 26 East, Geiger Key, zoned RU-5, in AICUZ C-2 Zone. permission to place a mobile home on Lot 37, Block 4 of Geiger Mobile Homes Subdivision, as recorded in Plat Book 5, page 77 and located in Section 27, Township 67 South, Range 26 East, Geiger Key, zoned RU-5, in AICUZ C-2 Zone. permission to place a mobile home on Lot 38, Block 4 of Geiger Mobile Homes Subdivision, as recorded in Plat Book 5, page 77 and located in Section 27, Township 67 South, Range 26 East, Geiger Key, zoned RU-5, in AICUZ C-2 Zone. permission to place mobile homes on that parcel of land known as "Park" and bounded by Pisces Lane, Leo Lane and Scorpio Lane in Geiger Mobile HOmes Sub- division, as recorded in Plat Book 5, page 77, and located in Section 27, Township 67 South, Range 26 East, Geiger Key, zoned RU-5, in AICUZ C-3 Zone. Motion carried unanimously. Library; Co. Empl. Motion was made by Commissioner Dolezal and seconded by Commissioner Kerr to ratify the employment of Marianne Lancaster as Library Director, effective August l3, 1980, salary $l7,OOO.00, Pay Grade Adm. D, Step 2. Motion carried unanimously. Television The Commission discussed the possibility of placing Elections, Sp. & Misc the question of the Translators on the November Ballot for (Referendur . Referendum. There was considerable debate by members of the public and the Commission regarding this matter. There were some alternatives listed by Chairman Schloesser along with Commissioner Hernandez: (1) A Referendum. (2) A tax hike in excess of the 8 percent allowed by the Trim Bill. (3) Cut back of County services in order to fund the Translator. (4) Abandon the project entirely. V 005 It was decided that no action would be taken until a complete and accurate budget computation could be provided by the Count~ Administrator. Motion was made by Commissioner Blair and seconded by Commissioner Hernandez to authorize travel for any Commissioner to visit any site, nation-wide, where a translatol ..... I system is installed and operational. Motion carried unanimous lYe PUBLIC HEARING A Public Hearing was held on an ordinance providing that the Code of Ordinances, County of Monroe, Florida, be amended by amending Chapter 19, Article I, Section 19-5 concerning zoning matters. Proof of publication was entered into the records. Motion was made by Commissioner Blair and seconded by Commissioner Kerr to read the proposed ordinance by title only if there wa~ no objection from the audience. Motion carried unanimously. This was the first of two sched- uled public hearings. Members of the public addressed the Board regarding the contents of the ordinance. After discus- sion a motion was made by Commissioner Kerr and seconded by Commissioner Blair to continue the public hearing until the second advertised hearing on August 26, 1980. Motion carried unanimously. A public hearing was held on an ordinance providing that the Code of Ordinances, County of Monroe, Florida, be amended by revising Section 19-1l of said code concerning dredging, excavation, mining and quarrying. Proof of publica- tion was entered into the records. Motion was made by Com- missioner Blair and seconded by Commissioner Kerr to read the proposed ordinance by title only if there was no objection from the public. Motion carried unanimously. The Attorney read the proposed ordinance. Members of the public addressed the Board regarding the contents of the ordinance. After discussion a motion was made by Commissioner Hernandez and seconded by Commissioner Kerr to adopt said ordinance. Motion carried unanimously. ORDINANCE NO.13-l980 See Ord. Book No. 4 which is incorporated herein by reference. Travel. Ordinance; Zoning. Ordinance; Zoning. V 006 Bonded The County Attorney brought to the Board's attention Indebted- ness; Ordi- an ordinance pertaining to the Bond issuance ability of the nance; District. Municipal Service Taxing District and asked that the ordinance be considered on an emergency basis due to the constraints placed on the Board on the land-fill operations. Motion was made by Commissioner Hernandez and seconded by Chairman Schloesser declaring that an emergency exists and waiving the requirements under Florida Statutes of advertising. Motion carried unanimously. Public Hearing was then held on the emergency ordinance. The County Attorney discussed the changes to the existing ordinance and the exact need for the amendment to the existing ordinance. Motion was made by Commissioner Hernandez and seconded by Commissioner Kerr to adopt the following emergency ordinance. Motion carried with Commissione Dolezal absent. ORDINANCE NO. l4-l980 See Ord. Book No. 4 which is incorporated herein by reference. This concluded the public hearing. The meeting re-convened with all Commissioners pre- sent except Commissioner Dolezal. UNFINISHED BUSINESS Road, aboli 1- Motion was made by Commissioner Blair and seconded ment; Budge by Commissioner Kerr to accept payment in the amount of $950.00 from the following for payment of Sacarma Bay Drive, Cudjoe Key: W. Leon Sands - $3l6.67 Benjamin W. Poor, Jr. - $3l6.67 Eugene C. Selby - $3l6.66 Motion carried unanimously. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Co. Admin.; Attorney. Under the County Administrator's report a motion was made by Commissioner Kerr and seconded by Chairman Schloesser designating County Attorney Michael Cates as Acting Administra- tor during Mr. Lewin's absence while on vacation for the purpose of conducting County business. Motion carried unan- imously. Machinery & Motion was made by Commissioner Hernandez and secon- ded by Commissioner Kerr to approve the following County Furniture &' Fixtures. inventory changes: \ v 007 Clerk's Office: Inv. #2560-7/9, 2 Side Chairs, transfer to Sheriff's Department, PSB. Public Service Building: Inv. #4102-l21, 1972 Air Conditioner, remove from inventory & discard; Inv. #4102-305, 1977 Posting Tray, outdated, remove from inventory & discard; Inv. #4l02-l06, 1972 Stanley Plane, worn out, remove from inventory & discard. ,.-. Key West International Airport: Inv. #720l-26, Typing Stand, broken, remove from inventory & discarc Public Defender's Office: Inv. #2333-35, 1973 Cas- sette Tape Recorder, broken beyond economical repair, remove from inventory & discard. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Chairman Schloesser to award the proposal on furniture for the Upper Keys Governmental Center to Makepeace Office Equip- ment in the amount of $5,l49.20, the low bidder per staff recommendation. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Kerr to approve payment to M. Vincent ProtheroE for professional services rendered in the amount of $lO,775.37 (Invoice No. 8-0l). Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Kerr to approve the following appointments to the Monroe County Commission on the Status of Women: Cheryl Andrews 3312 Northside Drive Key West, Florida 33040 Attorney Susan Mikul 401 Whitehead Street Key West, Florida 33040 Ruth Rudik 316 Elizabeth Street Key West, Florida 33040 and to accept the resignation of the following: Karen Regan ,--. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to grant a variance to Michael A. Padron to place the floorslab of proposed warehouse at elevation +7 feet above mean sea level per staff recommenda- tion. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Hernandez and secon- Budget; Furniture & Fixtures; Bids & Proposals. County Engineer; Contracts li Agreements; Budget. Appoint- ments. Zoning; Licenses & Permits. V 008 Contracts 0 ded by Chairman Schloesser to adopt the following resolution Agreements; County authorizing the Chairman to execute Supplemental Agreement Engineer; Road prog. No. 5 to Consultant Agreement by and between the Board of 5th&6thc;: Gas Tax. County Commissioners of Monroe County, Florida, and Mr. vincent Waste Col- lection & Disposal; Bonded lndebted-, ness. Contract & Agreement; Waste Col- lection & Disposal. Lights & Signs; Airport; Lease, Co. Property. Lease, Co. Property; Airport~ Suits af- fecting County. '",.fnn Bids & Proposals' Protheroe, P.E., to perform alignment study for Shrimp Road, Stock Island, Monroe County, Florida. Motion carried ...-.., unanimously. RESOLUTION NO. 195-1980 See Res. Book No. 19 which is incorporated herein by reference Motion was made by Chairman Schloesser and seconded by Commissioner Kerr to adopt the following resolution authorizing and providing for the incurrence of indebtedness for the purpose of extending the Monroe County Solid Waste facility. Motion carried unanimously. RESOLUTION NO. 196-l980 Res. Book No. 19 Motion was made by Commissioner Kerr and seconded by Chairman Schloesser to adopt the following resolution authorizing the Chairman of the Board to execute Farmers Home Administration Agreement, Equal Opportunity Agreement, and Agreement for Engineering Services. Motion carried with Chair man Schloesser voting no. RESOLUTION NO. 197-l980 See Res. Book No. 19 which is incorporated herein by reference Motion was made by Commissioner Blair and seconded by Chairman Schloesser to adopt the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute a Sign Lease by and between the County of Monroe, State of Florida, and Duncan's Auto Sales, Inc. Motion carried unanimously. RESOLUTION NO. 198-1980 See Res. Book No. 19 which is incorporated herein by reference The County Attorney discussed a letter received from Mr. William Richard regarding the David Dill Lease. Motion was made by Commissioner Kerr and seconded by Com- missioner Blair advising the Attorney to grant no extensions of time and to advise Mr. Richard of the decision and to pro- ceed with the scheduled hearing. Motion carried with Com- missioner Hernandez voting no. The County Attorney advised that the Translator Project had been advertised for bids and that the bids would be opened on September 29, 1980. V 009 Motion was made by Commissioner Blair and seconded Budget. by Chairman Schloesser to adopt the following resolution trans ferring funds. Motion carried unanimously. RESOLUTION NO. 199-1980 See Res. Book No. 19 which is incorporated herein by reference Motion was made by Commis sioner Kerr and seconded by State Agency; Chairman Schloesser to ratify Consent Order with the Depart- Suits af- fecting ment of Environmental Regulations. Motion carried unanimously County. - Motion was made by Commissioner Blair and seconded by Commissioner Hernandez to adopt the following resolution authorizing the Chairman to execute a Contract by and between the Board of County Commissioners of Monroe County, Florida, and Air Florida, Inc., to provide services at Key West Inter- national Airport by the Sheriff. Motion carried unanimously. RESOLUTION NO. 200-l980 See Res. Book No. 19 which is incorporated herein by reference Motion was made by Commissioner Hernandez and seconded by Commissioner Kerr to authorize early release of a prisoner for the Sheriff. Motion carried unanimously. RESOLUTION NO. 201-1980 See Res. Book No. 19 which is incorporated herein by reference Motion was made by Chairman Schloesser and seconded by Commissioner Blair to adopt the following resolution for Local Government Comprehensive Planning Assistance Grant. Motion carried unanimously. RESOLUTION NO. 202-1980 See Res. Book No. 19 which is incorporated herein by reference Motion was made by Commissioner Blair and seconded by Commissioner Kerr to adopt the following resolutions con- cerning receipt of unanticipated funds. Motion carried unanimously. RESOLUTION NO. 203-l980 RESOLUTION NO. 204-l980 RESOLUTION NO. 205-1980 RESOLUTION NO. 206-1980 RESOLUTION NO. 207-1980 See Res. Book No. 19 which is incorporated herein by reference Motion was made by Chairman Schloesser and seconded by Commissioner Kerr to adopt a resolution designating the following County employees as Violations Inspectors under the provisions of House Bill 3557: John Fay, Gilbert Gates, and Larry Parrino Motion carried unanimously. Contracts& Agreements; Airport; Sheriff. Prisoner. State Agency; Funds (Fed. Grants). Budget. Co. EmpI., Zoning. V 010 RESOLUTION NO. 208-l980 See Res. Book No. 19 which is incorporated herein by reference. REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Commissione s. Motion was made by Commissioner Kerr and seconded by Commissioner Blair to approve the Minutes for July, 1980. Motion carried unanimously. Budget. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to approve the following Warrants for July and August, 1980. WARRANTS General Revenue Fund, #92l3-9580, in the amount of $l,072,639.98. General Revenue Fund, FRS, #47-50, in the amount of $39,896.75. Supplement to the General Revenue Fund, #38, in the amount of $ll,546.94. Fine & Forfeiture Fund, #84-87, in the amount of $6,733.8l. Road & Bridge Fund, #82-85, in the amount of $6l0,244.47. Airport Revenue Fund, #28, in the amount of $ll9.83. Airport Operation & Maintenance Fund, #42, in the amount of $8,27l.83. Law Library Fund, #32, in the amount of $208.60. Card Sound Bridge Revenue Fund, #48, in the amount of $5,972.07. MSD Tax District, #ll9-121, in the amount of $28,438.88. Workmens Compensation, #l36-14l, in the amount of $5,6l5.54. MSD Tax District FRS, #2-3, in the amount of $523.80 MSD Tax District #lOO-B, #43, in the amount of $564.92. MSD Tax District #72, #43, in the amount of $4,952.45. MSD Tax District #73, #43~. .in the amount of $l,189.l5. MSD Tax District #74, #43, in the amount of $45l.98. MSD Tax District #75, #43, in the amount of $1,492.04. MSD Tax District #7B, #43, in the amount of $1,178.19. MSD Tax District #lOO-A, #43, in the amount of $52.34. MSD Tax District #lOO-C, #43, in the amount of $1,052.21. V 011 MSD Tax District #lOO-H, #43, in the amount of $23l.81. MSD Tax District #500-L, #43, in the amount of $4.l6. Motion carried unanimously. - Motion was made by Commissioner Kerr and seconded by Budget; Recreation. Commissioner Hernandez to approve payment of $2l,996.00 to Parks Banks Trucking for fill at the Big pine Key Athletic Association Recreation site. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Hernandez to approve the following advertising bills: E. J. Schaeffer - $8,3l5.l5. Florida Upper Keys Chamber of Commerce - $40.00. City of Layton Chamber of Commerce - $l20.00. Marathon Chamber of Commerce - $2,800.00. Key West Chamber of Commerce - $2l7.02. Motion carried unanimously. Budget; Advertising Motion was made by Chairman Schloesser and seconded Contracts& Agreements; by Commissioner Blair to ratify the amendments to Supplemental Co. Eng. Agreement No. 4 with M. Vincent Protheroe, Consulting Engineer. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Kerr to postpone until August 26, 1980 the South Florida Regional Planning Council's fiscal year 1981 Annual Work Program and Budget. Motion carried unan- imous1y. Budget; State Agency. Motion was made by Commissioner Kerr and seconded Travel; Corrnnis- by Chairman Schloesser to approve travel to Miami for Chairman sioners. Schloesser to attend meeting with the Division of Community Affairs. Motion carried unanimously. - OFFICIAL CORRESPONDENCE AND INFORMATION The Board was advised of a letter from the Sheriff advising of appointment of James John Kolbinskie, Voting Precinct No. 18 effective June 25, 1980 and resignation of Charles R. Browning, effective July 29, 1980 and resignation of Russ Stamets, effective July 31, 1980. Sheriff. - V 012 There being no further business the meeting was adjourned. \ 1 )