01/03/1980 Regular
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001.
Regular Meeting
Board of County Commissioners
Thursday, January 3, 1980
10:00 A.M., Plantation Key
Governmental Center
A regular meeting of the Board of County Commission-
ers was held on the above date. Present and answering to roll
call were Commissioner Curt Blair, Commissioner George Dolezal
Commissioner Jerry Hernandez, Jr., Commissioner Richard Kerr
and Chairman Don Schloesser. Also present were Ralph W.
White, Clerk; Michael Cates, County Attorney; Kermit Lewin,
County Administrator; members of the Press and Radio; and
interested citizens.
All stood for the Invocation and Pledge of Allegianc
to the Flag.
PUBLIC HEARINGS
First item was a public hearing for adoption of a
County ordinance imposing and levying a two percent Tourist
Development Tax throughout Monroe County. Proof of publica-
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tion was entered into the records. Motion was mad~ 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. Motion was then
made by Commissioner Blair and seconded by Commissioner Kerr
to appoint Mr. William "Bill" King to replace Mr. Don Weiss
on the Tourist Development Council. Motion carried unanimousl
Page 3 of the proposed ordinance is to reflect the name change
at final adoption. A number of changes were made to the text
of the ordinance by the Commission and will be presented in
final format the last public hearing. Members of the public
addressed the Board both favoring and opposing the proposed
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ordinance. It was noted that the ordinance would only provide
for a Voters Referendum and would not impose a Tourist Develop
ment Tax. At the conclusion of the public hearing a motion
was made by Commissioner Blair and seconded by Commissioner
Kerr to continue the hearing until January 15, 1980 at 10:00
A.M. at the Marathon Subcourthouse. Motion carried unanimousl .
Chairman Schloesser introduced Mr. Jack Miller, DOT
Program Manager for the Bridge Construction Program for Monroe
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County. Mr. Muller introduced members of his staff and thanke
the Board for the time given to them on the agenda.
AWARDING OF BIDS
The County Administrator discussed the bids opened
on December 18, 1979 for one (I) pick-up truck and two (2)
vans for the Public Works Department. Motion was made by
Commissioner Blair and seconded by Commissioner Hernandez to
accept the bids of Key West Chrysler, Plymouth, Dodge, Inc.,
per staff recommendation in the following amounts:
One (I) 1980 half-ton Pick up Truck------$ 5,172.18
Two (2) 1980 Dodge Vans------------------$11,693.48
Motion carried unanimously.
REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Under the County Administrator's Report the follow-
ing items were discussed:
Mr. Lewin advised the Board that there had been a
request to locate some para-sailing crafts at Sombrero Beach.
This matter was referred to the County Attorney for review and
report back to the Board.
Mr. Lewin advised the Board that Mr. Dumont Sterling
had submitted a request for annual leave credits to be carried
over in accordance with the County's Personnel policies and
Procedures. Motion was made by Commissioner Hernandez and
seconded by Commissioner Dolezal to approve the request as
recommended by the County Administrator.
Mr. Lewin also advised the Board of a request by
Zina (Metting) Stewart for approval of 560 annual leave credit .
After discussion a motion was made by Commissioner Blair and
seconded by Commissioner Dolezal to allow for the carryover 0
240 annual leave credits for Mrs. Stewart in accordance with
the Personnel Policies and Procedures. Roll call was taken
and carried with Commissioner Hernandez voting no.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Dolezal to authorize the reimbursemen
of payment of car rental to the County Administrator on his
trip to Washington, D. C., during the month of December, 1979;
bill is approximately $110.00. Motion carried unanimously.
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Mr. Charles Aguero, Manager of Road Department and
MSD, discussed with the Board the re-installation of lights
on the Boca Chica Bridge. Motion was made by Commissioner
Hernandez and seconded by Commissioner Kerr to postpone action
on this matter until the January 15, 1980 meeting pending
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further report by Mr. Aguero. Motion carried unanimously.
The County Administrator advised the Board that he
had selected the applicant for the position of County Planner
and asked that the salary be increased to $19,000.00 per annum
He also asked that a salary increase of $2,000.00 per annum
be given to the County Biologist, Mr. John Carbon. Motion
was made by Commissioner Kerr and seconded by Commissioner
Hernandez to authorize the County Administrator to employ the
Planner and to adjust the salary to $19,000.00 per annum and
to authorize the salary increase of Mr. Carbon as recommended,
both effective January 16, 1980. Motion carried unanimously.
Motion was made by Chairman Schloesser and seconded
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by Commissioner Blair to authorize the Attorney to prepare a
and Resolution
contractjWith Alfred Doner for the removal of scrap metal unde
the same terms and conditions and subject to the termination
of the present contract with Robert Wood of Key Largo, Florida
Resolution and
The Chairman is authorized to execute the/contract immediately
to allow Mr. Doner to proceed. Motion carried unanimously.
RESOLUTION NO.1A-1980 Res. Book #17
Motion was made by Chalrman Schloesser and seconded
by Commissioner Blair to deny a request to install a mobile
home below flood level for Preston Beech. Motion carried
unanimously.
Motion was made by Commissioner Dolezal and
seconded by Commissioner Hernandez to authorize waiver of
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Building Permit fee for storage room and installation of air
conditioning for Rev. Smith, Pastor of Burton Memorial United
Methodist Church as per staff recommendation. Motion carried
unanimously.
Mr. Fred Tittle, P.A., was scheduled to address the
Board regarding the distribution of the residential income
from Garbage Fees. It was brought to the Board's attention
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that certain erasures and corrections had been made to the
Franchisee Addenda which had been mailed out October 11, 1979.
It was the County Attorney's opinion that the Addenda were
therefore invalid. After brief discussion Commissioner Doleza
asked that this item be carried over until the January 15,
1980 meeting and that corrected addenda with the franchisee
holders be executed and presented to the Board at that time.
Motion was made by Commissioner Hernandez and secon-
ded by Commissioner Kerr to approve a request for a variance
to the Flood Hazard Ordinance for Clint Henze at Cross Key
Waterways as per staff recommendation. Motion carried
unanimously.
Motion was made by Commissioner Blair and seconded
by Commissioner Hernandez to approve a request for a variance
to the Flood Hazard Ordinance for Harlan Station at Sherril
Park as per staff recommendation. Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Kerr to adopt the following resol-
utions incorporating the biological assessments into the
record as per staff recommendation:
Irene Miska - Place 200 linear feet of riprap
of MHW for shoreline protection, fill approxi-
mately 1500 square feet of a dead-end basin with
approximately 200 cubic yards of fill, dredge
approximately 2700 square feet of baybottom
to -3 feet MLW and construct 115 linear feet of
4 feet wide boardwalk over a section of riprap
on property located at Key Vaca, South one half of
Section 9, Township 66, Range 32, as recorded in
OR Book 515, page 472-473.
RESOLUTION #1-1980
See Res. Book #17 which is incorporated herein by reference.
Richard Rowe - Construct 1,095 linear feet of
concrete slab bu~khead below MHW on a natural
waterbody. This bulkhead will connect to existing
bulkheads on each end. Backfill will be placed
landward of the seawall and riprap will be placed
at the toe of the seawall. About 300+ cubic yards
of backfill and riprap are estimated to be
necessary below MHW and 80+ cubic yards above MHW
on property located at Key Vaca, Sombrero
properties, Lots 22 thru 26, recorded in OR Book 5,
page 101.
RESOLUTION #2-1980
See Res. Book #17 which is incorporated herein by reference.
Motion was made by Commissioner Blair and seconded
by Commissioner Hernandez to postpone action on the biological
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assessment for Karen Farley pending further report from staff
Motion carried unanimously.
Motion was made by Commissioner Dolezal and
seconded by Commissioner Blair to approve Change Order No.3,
Certificate of Contract Completion and Final Payment Applicat pn
for ADAP Project No. 6-12-004-01 and -02 at the Marathon
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Airport; total adjusted final contract amount to be $404,372. 3.
Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Dolezal to approve a request for
refund by William N. DeVane, Jr., in the amount of $603.00
as per staff recommendation for cancellation of Permit
#B4655. Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Kerr to approve a request for a
refund by Frank Bremer, in the amount of $9.00 as per staff
recommendation for cancellation of Permit #6l04A. Motion
carried unanimously.
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REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Commissioner Blair discussed with the Board the
engineering of the Boca Chica Road Project. He noted that
the design had many apparent fault" and that corrective action
would have to be done immediately regarding these. After
After much discussion a motion was made by Commissioner
Blair and seconded by Commissioner Kerr to authorize the
County Attorney to officially notify Reynolds, Smith and
Hills, Inc., of termination of their contract under the
provisions noted therein. Motion carried with Commissioner
Dolezal voting no.
LEGAL DEPARTMENT
Motion was made by Commissioner Hernandez and
seconded by Commissioner Kerr to adopt the following resol-
ution authorizing the Chairman of the Board of County Com-
missioners to execute a Personal Services Agreement by and
between the Board of County Commissioners and Melvin L. Levit ,
for providing consulting services. Motion carried with
Commissioners Blair and Dolezal voting no.
RESOLUTION #3-1980
See Res. Book #17 which is incorporated herein by reference.
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Motion was made by Commissioner Kerr and seconded
by Commissioner Hernandez to adopt the following resolution
expressing appreciation to the Upper Keys Historical Society.
Motion carried unanimously.
RESOLUTION #4-1980
See Res. Book #17 which is incorporated herein by reference.
Motion was made by Commissioner Blair and seconded
by Commissioner Kerr to adopt the following resolution authoriz
ing the Chairman of the Board of County Commissioners to executE
an agreement by and between the Office of the Monroe County Tax
Collector for providing collection of special assessment for
garbage and trash collection for fiscal year 1978-79. Motion
carried unanimously.
RESOLUTION #5-1980
See Res. Book #17 which is incorporated herein by reference.
Motion was made by Commissioner Blair and seconded
by Chairman Schloesser to adopt the following resolution
authorizing the Office of the Monroe County Tax Collector for
providing collection of special assessment for garbage and
trash collection for fiscal year 1979-80. Motion carried
unanimously.
RESOLUTION #6-1980
See Res. Book #17 which is incorporated herein by reference.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Blair to adopt the following resolutior 3
concerning unanticipated funds received from other governmental
agencies. Motion carried unanimously.
RESOLUTION #7-1980
RESOLUTION #8-1980
RESOLUTION #9-1980
RESOLUTION #10-1980
See Res. Book #17 which is incorporated herein by reference.
Motion was made by Commissioner Kerr and seconded
by Commissioner Hernandez to adopt the following resolution
transferring funds. Motion carried unanimously.
RESOLUTION #11-1980
See Res. Book #17 which is incorporated herein by reference.
Motion was made by Comnlissioner Hernandez and secondei
by Commissioner Kerr to adopt the following resolution requestirj
waiver of biological or ecological study from Board of Trustees
of the Internal Improvement Trust Fund for the County's Boot Ke\
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Harbor Project in Marathon, Florida. Motion carried unanimousl .
RESOLUTION #12-1980
See Res. Book #17 which is incorporated herein by reference.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Dolezal to adopt the following resol-
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ution authorizing the Chairman to execute Application for the
Department of the Army Artificial Reef Permit. Motion carried
unanimously.
RESOLUTION #13-1980
See Res. Book #17 which is incorporateo herein by reference.
REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD
Motion was made by Commissioner Dolezal and seconded
by Commissioner Hernandez to approve the Minutes for the month
of December, 1979. Motion carried unanimously.
Motion was made by Commissioner Kerr and seconded by
Commissioner Dolezal to approve the following Warrants for
the month of December, 1979:
WAR RAN T S
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General Revenue Fund - #1966 - 2160, in the amount
of $120,835.01.
General Revenue Fund, First American Bank of the
Upper Keys - #3, in the amount of $10,417.60.
General Revenue Fund, Marathon Bank - #3, in the
amount of $6,412.20.
General Revenue Fund, Boulevard Bank - #3, in the
amount of $23,437.00
Upper Keys Governmental Center, EDA - #l, in the
amount of $35,565.00.
General Revenue Fund FRS - #9, in the amount of
$4,849.58.
Supplement to the General Revenue Fund - #8, in the
amount of $21,868.48.
Fine & Forfeiture Fund - #18-20, in the amount of
$260,264.04.
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Road & Bridge Fund - #18-l9, ln the amount of
$40,648.90.
Airport Operation & Maintenance Fund - #10, in the
amount of $3,837.19.
Law Library Fund - #7, in the amount of $95.00.
Card Sound Bridge Revenue Fund - #ll, in the amount
of $3,802.51.
Workmens Compensation - #31-34, in the amount of
$9,162.2l.
MSD - #24-25, in the amount of $25,976.64.
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MSD District 100-B - #10-11, in the amount of $176.9
MSD District 72
#10-11, in the amount of $1,813.43
MSD District 73
#10-11, in the amount of $198.10.
MSD District 74
#10-11, in the amount of $219.71.
MSD District 75 - #10-11, in the amount of $331.97.
MSD District 100-A - #9,10,11, in the amount of
$16,020.54.
MSD District 100-C - #10,11, in the amount of
$108.08.
MSD District 100-H - #10,11, in the amount of
$853.11.
Motion carried unanimously.
Motion was made by Chairman Schloesser and seconded
by Commissioner Dolezal to approve travel for Chairman Schloesse
and Commissioner Dolezal to attend South Florida Regional
Planning Council Meetings for the months of January and
February, 1980. Motion carried unanimously.
There being no further business the meeting was
adjourned.