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.
* * * * * * * * * * * *