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01/13/1981 Regular V 1~ Leases, Cty. Property Appointment; Sheriff Appointment Roads, Misc. Regular Meeting Board of County Commissioners Tuesday, January 13, 1981 10:00 A.M., Key West 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 Chairman George Dolezal. Commissioner Ken Sorensen was in Tallahassee on County business. Also present were Danny L. Kolhage, Deputy Clerk; Michael Cates, County Attorney; Kermit Lewin, County Administrator; members of the Press and Radio; and general public. All stood for the Invocation given by Commissioner Hernandez and remained standing for the Pledge of Allegiance to the Flag. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to take an item out of order and hear it as the first item on the agenda. Motion carried unanimously. LEGAL DEPARTMENT First item considered was a request for renewal of Lease of the Monroe County Beach Concession by Mr. Yale Fleer. Mr. Fleer addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to accept the proposal of Mr. Fleer to renew the lease and the County Attorney was instructed to prepare the resolution and lease and the Chairman was authorized to sign same. Motion carried unanimously. RESOLUTION NO. 2-1981 See Res. Book No. 21 which is incorporated herein by reference REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR ~1r. Lewin discussed appointment to the Jail Reform Commission. The name of Bill Martin was submitted by Com- missioner Sorensen and the name of Tom Fouts by Commissioner Hernandez. Chairman Dolezal appointed Mr. Bill Martin of Marathon to serve on the Jail Reform Commission. The Administrator advised the Board that he had established the position of Vehicle Maintenance Inspector in V ~44 the Road Department, Pay Grade 42A, salary to be in the vicinity of $12,000.00 to $13,000.00 per annum. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to ratify the position. Motion carried unanimously Mr. Lewin discussed the Board's Meeting Calendar for 1981 and presented two (2) calendars for the Board's consideration. Motion was made by Commissioner Hernandez to accept the second calendar. No second was received to ~ornmission ~rocedures his motion. Motion died for lack of a second. Motion was then made by Commissioner Hernandez to postpone this item until the next meeting on January 27, 1981. Motion carried unanimously. It was the concensus of the Board that the next meeting would be held in Marathon. The Administrator discussed a letter from the Sheriff concerning Federal Revenue Sharing monies. This item was postponed until January 27, 1981 meeting. heriff; unds (Fed. eVe Sharing) Mr. Lewin discussed a letter regarding the Boot Key Bridge. Motion was made by Commissioner Hernandez and 3ridges,etc. seconded by Commissioner Blair to postpone this item until January 27, 1981 meeting. Motion carried unanimously. The County Administrator discussed a helicopter service at the Marathon Airport. This item was referred to the Airport Director and Marathon Airport Manager for a ~irport report back to the Board on January 27, 1981. Motion was made by Commissioner Blair and seconded by Commissioner Dolezal to approve the following County inventory changes per staff recommendation: Road De~artment: County Inventory No. 4102-30, 1965 QUlncy Air Compressor, Mfgs. I.D. No. 10813-133-803 Li to be removed from inventory and discarded, broken beyond repair. ~urn. & Fix.; ~ach. & EquiI ~ Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Harvey to adopt the following resolution designating William Patrick as individual authorized to ~ppointment; Zoning; issue Citations for violations of County Ordinances. Motion Jrdinances carried unanimously. Commissioner Hernandez asked that a report be made on what type of training these individuals V 145 have prior to being designated as Violations Inspectors. RESOLUTION NO. 3-1981 See Res. Book No. 21 which is incorporated herein by reference Fuel; Energy Crisis Next item on the agenda concerned the revision of storage tank facility at Big Pine Key. This item was postpone until Reggie Paros could be present. Motion was made by Commissioner Blair and seconded Cty. Employ.; Annual Leave by Commissioner Hernandez to approve carrying over accrued annual leave for the following County employees per staff recommendation: Public Works Herbert Betancourt Clifford Fisher Henry Fox Elke Holley Richard Phelps Edward Stickney 382.5 hours 244.04 hours 297.38 hours 287.43 hours 261. 67 hours 382.5 hours Road & Bridges Bobby Attilio William Gartenmeyer Mario Roque Robert Shaw 420.0 hours 375.0 hours 241. 99 hours 310.11 hours Municipal Service District Jack Julien Lawton Strickland 248.07 hours 255.39 hours Building Howard Johnson Dumont Sterling 334.76 hours 536.00 hours Monroe County Public Library Linda Atwell Minnie Jennings 272.06 hours 328.69 hours Veterans Affairs Henry Kokenzie 293.00 hours Motion carried unanimously. Motion was then made by Com- missioner Harvey and seconded by Commissioner Hernandez Cty. Employ. Cty. Admin. instructing Mr. Lewin along with assistance from Department Heads to study the existing County Personnel policies and Procedures concerning leave and to discuss this item further at the next meeting. Motion carried unanimously. Next item for consideration was a request of Mr. OWe Harmes to operate a para sailing operation from the end of Leases, Cty. wooden pier at the West end of the Monroe County Beach. Motio was made by Commissioner Hernandez and seconded by Commissione V 146 Blair to accept the recommendation of the County Administrato and disapprove the request. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD The Board then heard from Capt. W. I. Lewis, who advised the Board that Congress had not approved the Navy's - request to allocate monies to purchase the - property in the AICUZ Zone in the last Budget but that he would continue to Budget; Bldg. & work towards this goal in the coming year. He asked that he Grounds be allowed to meet with the Zoning Board and that the Board Zoning; appoint an Airport Advisory Board in the meantime. Motion Boards, Mise Airport was made by Commissioner Hernandez and seconded by Commission r Harvey to allow Capt. Lewis and staff to meet with the Zoning Board to discuss recommended zoning changes. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to place a moratorium on the areas of the AICUZ Zone in Boca Chica Ocean Shores for a period of 90 days for the issuance of variances. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Blair instructing the Zoning; Boards, Mise County Attorney to agenda an item for the January 27, 1981 Zoning; meeting and to advise the public that the Board will discuss License ,ete and consider extending the moratorium on the issuing of building permits and/or AICUZ variances within the areas show on the map. Also the County Administrator was instructed to get a copy of the Duval County Ordinance concerning the Airport Advisory Board. Motion carried unanimously. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Blair and seconded by Commissioner Hernandez to app~ove a refund in the amount of $75.00 for County License to Gary Wayne Wood, Contractor, per staff recommendation. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Harvey to approve a permit to construct a ground level garage with storage and lavatory and to build a walkway for Paul R. Lesle. During discussion a motion was made by Chairman Dolezal and seconded by Commissioner Harvey to psotpone this item until the next meeting. Motion to Cty. Admin.; Airport; Boards,Mise. Budget; Lieense,ete. Lieense,ete. Zoning V ~47 Zoning; License,etc. Zoning; Ordinance Zoning Bidsc& Proposals Budget Appointment; Board,Misc.; Zoning Appointment; Board, Misc. Zoning postpone carried unanimously. Motion was made by Commissioner Hernandez and secon- ded by Commissioner Blair to approve a variance to the Flood Hazard Ordinance for Mariners Hospital/Mike Gray. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to postpone action for two weeks on an item pertaining to a variance to the Flood Hazard Ordinance for Coral Harbor Developers, Inc. This action was predacted due to action taken on previous item. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Harvey to approve a variance to the Flood Hazard Ordinance for Raul and Lillian DeAlba per staff recom- mendation. Motion carried unanimously. Motion was made by Commissioner Hernandez and sec- onded by Chairman Dolezal to postpone an item for two (2) weeks on an item pertaining to proposals at Harry Harris Park in order for the Board to study the proposals. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to approve payment in the amoun of $10,687.00 to Frank Keevan and Son for drainage improvement ~ on 2nd Avenue, Stock Island. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Blair to re-affirm the appointments made in 1980 to the Zoning Board to serve until December 31, 1981. Motion carried unanimously. Motion was made by Chairman . Dolezal and seconded by Commissioner Hernandez to re-affirm the appointments to the Board of Adjustment to serve until December 31, 1981: Chairman Dolezal's appointment - Dan Wood Commissioner Sorensen's appointment - Billy Wagner Commissioner Hernandez's appointment - Eric Ball Motion carried unanimously. Commissioner Harvey nominated Bob Ernst to serve as her appointment. Roll call vote was taken with the following results: v 141 Commissioner Blair Commissioner Harvey Commissioner Hernandez Chairman Dolezal Yes Yes No No Tie vote, motion failed. Commissioner Harvey then nominated Reanette Bragassa. During discussion a motion was made by ".,.."""'.~ Chairman Dolezal and seconded by Commissioner Hernandez to postpone this item for two (2) weeks. Motion to postpone carried with Commissioner Harvey voting no. Commissioner Blair then nominated Jack Bondus as his appointment. Motion was made by Commissioner Harvey and seconded by Chairman Dolezal to reaffirm the nomination. Motion carried unanimousl . Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to accept the low proposal from Duncan Ford for vehicle for the Resident Engineer in the amount of $11,200.00. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Chairman Dolezal to approve a variance for Cornelius and a Virginia Eggermont to place Lmobile home on Lot 8, Block 9 of Geiger Mobile Home 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 Zone 2. Motion carried unanimously. The Department Head was instructed to hold up on any new variances in the moratorium area until the next meeting. Motion was made by Commissioner Blair and seconded by Commissioner Hernandez to ratify admission of Gordon Wi~liams to the County Home. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Blair to approve payment in the amount of $499,943.00 to R. W. Taylor on Incinerator Project. Motion carried with Commissioner Hernandez voting no. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Commissioner Blair discussed the Monroe County A.ppointment Soards,Misc Zoning Bids, etc.; Transport- tation Licenses,et Zoning Coun ty HomE Budget Disaster Preparedness Plan and a letter drafted by him to be Disaster, etc. sent to the Governor requesting his presence at a meeting for Civil Def. the purpose of developing a workable Disaster Plan for Monroe County. Motion was made by Chairman Dolezal and seconded by . V 1. 44t County Horne ::::ontracts,et relevision ;ppoin trnent; )is trict '1ental Healt 3d. ,etc. Commission Commissioner Harvey to support the concept refLected ln Commissioner Blair's letter to the Governor. Motion carried unanimously. Commissioner Blair discussed the Nursing Home Project in the Marathon area. Motion was made by Commissione Harvey and seconded by Chairman Dolezal to adopt the resol- ution in support of a Nursing Home facility in the Middle Keys and the County Attorney was instructed to prepare the resolution and the Chairman to execute same. RESOLUTION NO. 4-1981 See Res. Book No. 21 which is incorporated herein by referenc . The County Attorney reported on the status of Tele Media Franchise and Translator permits. He advised the Board that he would have a draft of the franchise agreement t present to the Board at the next meeting. Commissioner Harvey discussed the Dade-Monroe Mental Health Board and nominated Steve Mason as a Director. Motion was seconded by Commissioner Blair and passed unanimously. Commissioner Harvey discussed a consumer problem concerning cash registers. No action was taken at this time. LEGAL DEPARTMENT Motion was made by Commissioner Hernandez and seconded by Chairman Dolezal to postpone action until Jan- Contracts,e c; uary 27, 1981 on a resolution concerning execution of Lease Airport; Leases ,etc. Agreement with the State of Florida, and International Budget; Airport Suits; Commission Transfer Corp., d/b/a Pro Air Service. Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to approve payment of $2,650.00 for renewal fee for Liquor License at the Key West International Airport. Motion carried unanimously. The Board heard from Mr. David Dill concerning a legal settlement Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey that the settlement agreement be post- poned until January 27, 1981 at 11:00 A.M. Motion carried unanimously. Motion was made by Chairman Dolezal and seconded by Commissioner Harvey declaring that an emergency exists and v Iro waiving the requirements of advertising under the provisions of Florida Statutes 125.66. Motion carried unanimously. Motion was then made by Chairman Dolezal and seconded by Com- missioner Blair to adopt an emergency ordinance relating to iAdvertisin~ Bonds, Mis( Ordinance; the acquisition, construction and equipment of capital project and ~lthoriZina ~.'sluapce of ReVrnue Bonds f om . Race raCK and Jq~ ia~ Fronton unds. in Monroe County, FlorldaJ Mo lon carrle unanlmous y. - ORDINANCE NO. 1-1981 See Ord. Book No. 5 which is incorporated herein by reference. The Board discussed their termination of the Contrac with Vincent Protheroe, Consulting Engineer. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to allow Mr. protheroe to be reimbursed travel allowance in order to support engineering data on the MSD Bond Issue if necessary. Motion carried unanimously. Motion was then made by Commissioner Harvey and seconded by Commissioner Blair to allow the engineering firm to present the Solid Waste Cost- of-Service Study at no additional cost to the County. During discussion a motion was made by Commissioner Hernandez and seconded by Chairman Dolezal to postpone this item for two (2) weeks and the MSD Director was instructed to get the study tha the County paid for. Roll call vote was taken on the motion to postpone and carried with Commissioner Harvey voting no. Motion was made by Commissioner Harvey and seconded by Commissioner Blair to adopt the following resolution authorizing the Chairman to execute a Letter Contract approv- ing and accepting proposal from Florida Testing and Engineerin Co., to conduct testing for ADAP No. 6-12-0037-05 Project at the Key West International Airport. Motion carried unanimously. RESOLUTION NO. 5-1981 See Res. Book No. 21 which is incorporated herein by reference Motion was made by Commissioner Hernandez and Districts; ty. Eng.; Travel Cty. Eng.; Districts ontracts & I\greements; I\irport seconded by Commissioner Blair to postpone consideration of ontracts & a resolution concerning a Risk Management Consulting Agreement greements with Risk Control Assoc., Inc. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Hernandez to psotpone an item concerning a Memorandum of Understanding with the State of Florida, Depart- V 1.5 t Contracts & Agreements; Cty. Employ Licenses,et Zoning Licenses ,ete Zoning Zoning Zoninq ment of Labor and Employment Security and Florida State Employment Service at the Key West Office until January 27, 1981. The County Administrator was instructed to obtain a copy of the Consortium Contract and the County Attorney was instructed to research the contract to see if Elected Officials can serve on that Board. Motion carried unanimousl . Motion was made by Commissioner Harvey and seconded by Commissioner Dolezal to adopt the following resolution concerning application of Jerry Richmond for construction of deep commercial boat slip and incorporating the biological assessment into the records per staff recommendation. Motion carried unanimously. RESOLUTION NO. 6-1981 See Res. Book No. 21 which is incorporated herein by referenc . Motion was made by Commissioner Harvey and seconded by Chairman Dolezal to adopt the following resolution con- cerning application of Outdoor Resorts at Long Key, Inc., for repair of existing breakwater island at Outdoor Resorts Inc., Marina and incorporating the biological assessment into the records per staff recommendation. During discussion a motion was made by Commissioner Hernandez and seconded by Chairman Dolezal to postpone action on this item until the January 27, 1981 meeting. Motion to postpone carried unanimously. The Board discussed a resolution which would incorporate a biological assessment into the records for Scharf Land Development for escavation of coral rock from two (2) existing residential canals. Mr. Bill Sywetz, Secretary of Tamarac Park Property OWners Association ad- dressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to postpone action on this item until the January 27, 1981 meeting and the Public Works Director was instructed to review and report .back to the Board on this item at the next meeting. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Hernandez to disapprove a resolution con- cerning application of Safe Harbor Railway, Inc., for excava aS1n V 152 commerc1a Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Harvey to adopt the following resolutions transferring funds and concerning receipt of unanticipated funds. Motion carried unanimously. RESOLUTION NO. 7-1981 RESOLUTION NO. 8-1981 RESOLUTION NO. 9-1981 RESOLUTION NO. 10-1981 RESOLUTION NO. 11-1981 See Res. Book No. 21 which is incorporated herein by Motion was made by Commissioner Harvey and by Commissioner Blair to approve a Letter Contract with the firm of Freeman, Richardson, Watson, Kelly and Livermoore, P.A., for Race Track Bond Issue per staff recommendation. Motion carried unanimously. REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Motion was made by Chairman Dolezal and seconded by Commissioner Blair to approve the following items: WARRANTS General Revenue Fund, #2675-3429, in the amount of $1,864,872.39. Su lement to the General Revenue Fund, #7-8, in the amount of 31,797.48. Fine & Forfeiture Fund, #10-14, in the amount of $224,647.72. Road & Bridge Fund, #10-14, in the amount of $60,145.11. Airport Revenue Fund, #5-7, in the amount of $27,123.83. Air ort Operation & Maintenance Fund, #7-9, in the amount of 13,462.91. Law Library Fund, #6-7, in the amount of $1,099.92. --- Card Sound Bridge Revenue Fund, #9-11, in the amount of $17,289.55. MSD Tax District, #13-21, in the amount of $1,144,834.26. Workmens Compensation, #19-30, in the amount of $6,923.64. MSD Tax District #lOO-B, #6-7, in the amount of $2,233.09. MSD Tax District #72, #6-7, in the amount of $6,513.43. Budget ontracts & greements onds,Misc. Budget V 153 MSD Tax District #73, #6-7, in the amount of $6,679.94. MSD Tax District #74, #6-7, in the amount of $434.27 MSD Tax District #75, #6-7, in the amount of $3,350.29. Budget MSD Tax District #76~ #6-7, in the amount of $4,007.50. MSD Tax District 100-A, #6-7, in the amount of $281.70. MSD Tax District 100-C, #6-7, in the amount of $548.02. MSD Tax District 100-H, #6-7, in the amount of $1,174.90. MSD Tax District 500-L, #7, in the amount of $63.70. Minutes for the month of December, 1980. Budget; Sui ts Payment to Mullin, Connor and Rhyne, P.C., in the amount of $529.33 on Translator Suit. Budget; Advertising Advertising Bills to Stuart Newman Assoc., in the amount of $2,688.46. Budget; Suits Ratification of recommendations of Gallagher Bassett Insurance Service in reference to Dempsie Holleran Workmens Compensation Claim No. 30-232, and a settle ment in the amount of $2,000.00 plus the attorney fees. Motion carried unanimously. ~ OFFICIAL CORRESPONDENCE AND INFORMATION The Board was advised of a letter from the Sheriff advising of the appointment of Sammy Lynn Hockett, Precinct Appointment; Sheri ff No. 17, effective November 16, 1980, and Patricia Ann Almeda, Precinct NO.2, effective December 1, 1980. There being no further business the meeting was adjourned. * * * * * * * * * * * *