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01/15/1980 Regular [ i I l - I- i - \ u 0:10 * * * * * * * * * * * * * Regular Meeting Board of County Commissioners Tuesday, January 15, 1980 10:00 A.M., Marathon A regular meeting of the Board of County Commissioner 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. .. u u 01.1. All stood for the Invocation and Pledge of Allegiance to the Flag. - PUBLIC HEARINGS First item was a public hearing on an ordinance which would allow for a Referendum imposing and levying a two percent Tourist Development Tax. Proof of publication was entered into the records. Approximately 15 members of the public addressed the Board, both in favor of and against the proposed ordinance. Again it was noted by the Chairman that this ordinance would require a Referendum. The public hearing was continued until 10:00 A.M., January 29, 1980 in Key West. REQUEST TO ADDRESS THE BOARD The Key Colony Beach City Commission was scheduled to address the Board regarding maintenance of Key Colony Beach Roads. This item was continued until January 29, 1980. Mr. Fred Tittle, P.A., addressed the Board requesting that the compensation rate for the four (4) Franchisees he represents, Island Disposal Co., Baltuff Disposal Co.; Bland Disposal Services, Inc.; and Marathon Garbage Service, Inc., be reimbursed at $5.00 per month and that the commercial reimbursement rates to the County be set at six percent rather than ten percent. Two resolutions were presented. Motion was made by Commissioner Hernandez and seconded by Commissioner Dolezal to adopt both resolutions; one establishing the reimbur e- ment rate and the other authorizing Addendums to the Franchisee Agreements. During discussion Chairman Schloesser asked that the following be inserted in the minutes," A RATE STUDY WILL BE THE MAJOR DETERMINING FACTOR IN ANY RATE INCREASE FOR THE NEXT YEAR", said rate study is to be completed prior to fiscal year 1981. After much discussion a motion was made by Commissioner Blair and seconded by Chairman Schloesser to postpone action on this matter until 3:30 P.M., today. Motion to postpone carried unanimously. Mr. Robert Devitt, Big Pine Key Athletic Association, Inc., addressed the Board regarding a plan for recreational development on Big Pine Key. After discussion this matter was referred to the County Administrator. u ou Mr. Aguero reported back on the bids on Breezeswept Estates and recommended that the bid be awarded to The Brewer Company in the amount of $350,750.00. During discussion a motion was made by Commissioner Hernandez and seconded by Com- missioner Dolezal to postpone this matter until the January 29, 1980 meeting. Mr. Aguero then reported back on the bid on Ocean Isle Estates and requested that the Board reject all bids Motion was made by Chairman Schloesser and seconded by Com- missioner Blair to reject the bids and authorize County forces to proceed with the road construction or obtain proposals from local contractors and report back. Motion carried unanimously. Mr. Aguero also discussed the removal of the Fender System on the Boot Key Bridge. Motion was made by Commissioner. Hernandez and seconded by Commissioner Dolezal to authorize Mr. Aguero to obtain the proposals for the removal of the system and report back to the Board. Motion carried unanimousl . REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to authorize travel for Commissioner Blair, Michael Cates, and Kermit Lewin on January 14, 1980 to St. Petersburg for a meeting with Senator Chiles reference the Housing Finance Authority and authorizing payment of the pri- vate aircraft charter for the trip. Motion carried unanimously There had been a request from the owners of the Key Ambassador Motel to re-route the fence at the Key West Inter- national Airport. The Airport Manager recommended that the re-routing not take place. The Board concurred. The Administrator advised the Board that he had rejected a request from the Sheriff for the installation of new carpeting in the offices of the Sheriff. The Board concurred. A request had been received from Fishermen's Hospital in Marathon to allow for the placement of an office trailer alongside the hospital during remodeling and new construction at the hospital. Motion was made by Commissioner Hernandez and seconded by Commissioner Kerr to approve the permit for the trailer. Motion carried unanimously. Motion was then made by u u~ Commissioner Hernandez and seconded by Commissioner Dolezal to have the Zoning Director prepare revisions to the Zoning Code. Motion carried unanimously. At this point the meeting recessed for lunch. Tax District #2, Board of Governo s 2:00 P.M. ----- A regular meeting of the Board of Governors, Tax District #2 convened at 2:00 P.M. Present and answering to roll call were Commissioner George Dolezal, Commissioner Don Schloesser and Chairman Pauline Mitchell. Commissioner Samuel Feiner and Commissioner Richard Kerr were absent. Also present were Ralph W. White, Clerk; Michael Cates, County Attorney; Kermit Lewin, County Administrator; members of the Press and Radio; and interested citizens. Motion was made by Commissioner Schloesser and seconded by Commissioner Dolezal to approve the minutes for December, 1979. Motion carried unanimously. The Board discussed refurbishment of the 1962 Ford/ ..... Howe Pumper Fire Truck, located at Marathon Fire Department. Bid had been received from Gator Emergency Vehicle, Inc., in the amount of $16,065.00. Motion was made by Chairman Schloess~r and seconded by Commissioner Dolezal to authorize the refurbish ment of the trucks in accordance with staff recommendation. Motion carried unanimously. Motion was then made by Chairman seconded by Commissioner Dolezal Schloesserfcluthorizing the Attorney to prepare a resolution transferring the funds necessary. Motion carried unanimously. Motion was made by Chairman Schloesser and seconded by Commissioner Dolezal authorizing the EMS Coordinator, Mr. Paros, the authority to approve additional repairs on the fire trucks if needed. Motion carried unanimously. There being no further business before the Board of Governors, the meeting was adjourned. Regular Meeting Re-convened The regular meeting re-convened with everyone presen . The County Administrator advised the Board that he had received a request regarding the re-organization and increase of some pay classifications in the Library System. u 01.4 After lengthy discussion a motion was made by Commissioner Dolezal and seconded by Commissioner Kerr to postpone any action until January 29, 1980. Motion carried unanimously. The County Attorney reported the estimated that had been received regarding the refurbishment of five (5) 1962 Ford Fire Trucks. The contractural price from Gator Emergency Vehicles, Inc., is $75,745.00. Motion was made by Commissione Dolezal and seconded by Commissioner Kerr to authorize the execution of the contract for the refurbishment of the trucks; payment to come from the particular tax district in which the units are located and to grant authority to the EMS Coordinato for the supplemental repairs if needed regarding the water tanks on the trucks. Motion carried unanimously. Motion was made by Commissioner Dolezal and seconded by Commissioner Blair to adopt the following resolution requesting the Supervisor of Elections to conduct a Special Referendum Election on Tuesday, March II, 1980 for Districts I-A, I-B, I-C, I-D, 3, 4-A, 4-B, and 6. Motion carried unanimously. RESOLUTION #14-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Blair and seconded by Commissioner Kerr to authorize a refund in the amount of $100.00 for zoning change for Marvin C. Held for denial of dimensional variance. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Dolezal to authorize a refund in the amount of $100.00 for zoning change for Marshall Newbach for denial of a dimensional variance. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Chairman Schloesser to approve variances to the AICUZ Zone for the following as per staff recommendation: Alexander & Marie Seiden - approval to construct a single family home on Lot 16, Block 5 of Boca Chica Subdivision, as recorded in Plat Book 5, page 49 and located in Section 26, Township 67 South, Range 26 East on property located at Geiger Key, zoned RU-l, in AICUZ C-2 Zone. Andres Tabag - approval to construct a single family home on lot 6, Block 9 of Porpoise Point Section 5, as recorded in Plat Book 5, page ll9 and located in Section 22, Township 67 South, Range 26 East, on proQerty located at Big Coppitt Key, zoned RU-4 in AICUZ 2 Zone. u u 01.5 Mark M. Otto - approval to construct a single family home on Lot 7, Block 9 of Boca Chica Ocean Shores Subdivision, as recorded in Plat Book 5, page 49 and located in Section 26, Town- ship 67 South, Range 26 East, on property located at Geiger Key, zoned RU-I, in AICUZ C-3 Zone. -- Mark M. Otto - approval to construct a single family home on Lot 8, Block 9, of Boca Chica Ocean Shores Subdivision, as recorded in Plat Book 5, page 49, and located in Section 26, Town- ship 67 South, Range 26 East, on property located at Geiger Key, zoned RU-I, in AICUZ C-3 Zone. Motion carried unanimously. A resolution concerning a Change Order for Charley Toppino & Sons, Inc., was withdrawn from the agenda. Motion was made by Commissioner Kerr and seconded by Commissioner Dolezal to appoint Ms. Diana Ross to replace Ms. Neeva Archer as a representative of the Islamorada Chamber of Commerce on the Highway Beautification Advisory Committee. Motion carried unanimously. Motion was made by Commissioner Dolezal to authorize the Attorney to prepare a resolution endorsing the increase in Vehicle Inspection Fees as recommended by the Vehicle Safety Inspection Association of Florida. No second was received. Motion died for lack of a second. Motion was made by Commissioner Blair and seconded by Commissioner Dolezal to approve the following County inven- tory changes: Tax Collector's Office: Inv. #22l2A-4l, 1973 Enfield Copy Machine; #22l2B-46, 1973 Enfield Copy Machine; to be removed from inventory and discarded, cost of repairs, plus high cost of paper to operate. Public Works Department: Inv. #683-210, 1971 Oasis Water Cooler, to be removed from inventory and discarded- unit worn out, has been replaced by new unit. - Civil Defense Office: Inv. #3991-9, 1963 Dymo Tape Writer, to be removed fr~m inventory, item has been missing since May 29, 19V9, the last week of John Robinson's tenure as Director. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Dolezal to accept the resignation of Rev. Charles Truax from the Health Facility Authority effective January 3, 1980 with regret. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Dolezal to accept the resignation of Ms. May Hill u O~ Russe~~ trom the Monroe County PubllC Llbrary effective January 31, 1980 with regret. Motion carried unanimously. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Motion was made by Commissioner Blair and seconded by Commissioner Dolezal to appoint Dr. Kathleen Acrees to the Health Facility Authority to fill the unexpired term of Rev. Charles Truax. Motion carried unanimously. Commissioner Blair was scheduled to address the Board regarding District Mental Health Plan. This item was withdrawn. Commissioner Dolezal discussed with the Board the need for Local Option Sales Tax. He presented a resolution and made a motion to adopt said resolution requesting the Legislative Delegation to allow for a Referendum levying said tax in Monroe County. Motion was seconded by Commissioner Blair to adopt resolution. During discussion a motion was made by Commissioner Kerr and seconded by Commissioner Dolezal to postpone this item until January 29, 1980. Motion to post- pone carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to appoint Mr. James Lewis to the Monroe County Zoning Board effective immediately. Motion carried unanimously. Commissioner Blair discussed with the Board the Housing Finance Authority and his meeting with Senator Chiles in St. Petersburg. He then made a motion which as seconded by Commissioner Kerr authorizing the Attorney to prepare a resolution and the Chairman to execute same to be forwarded to the Congressional Delegation endorsing certain amendments to the Housing Finance Authority Act. Motion carried unanimously RESOLUTION #14A-1980 Res. Book #17 At this point in the meeting the matter regarding the Franchisee request for additional compensation was taken. Motion was made by Commissioner Hernandez and seconded by Com- missioner Dolezal to adopt the following resolutions establish int new compensation rates and also authorizing the execution of the Addendums to the Franchise Agreements. Motion carried unanimously. u U 017 RESOLUTION #15-1980 RESOLUTION #16-1980 See Res. Book #17 which is incorporated herein by reference. Commissioner Blair discussed with the Board the Redevelopment Agency for the U. S. Naval property at Truman Annex. Motion was made by Commissioner Blair to have the At- - torney prepare a resolution and the Chairman to execute same endorsing the concept of 2 County Commissioners and 3 City Com missioners from the City of Key West to the Redevelopment Authority Board and requiring that the final plan for redevelo - ment be approved by both governmental units before submission to GSA. Motion to adopt resolution was seconded by Commission r Kerr and carried unanimously. RESOLUTION #17-1980 See Res. Book #17 which is incorporated herein by reference. Chairman Schloesser discussed with the Board funding for the Health Facility Authority. After discussion a motion was made by Chairman Schloesser and seconded by Commissioner Dolezal that the Clerk be authorized to transfer $5,000.00 from the County Contingency Fund General Revenue to an account to be known as the Health Facility Authority and that the necessary resolutions be prepared. Motion carried unanimously At this point in the meeting the meeting was recesse for the purpose of a 4:00 P.M. Board of Appeals Hearing. Board of Appeals 4:00 P.M. The Board of Appeals Hearing convened with all Commissioners present except Commissioner Kerr. Also present were the Clerk, County Attorney, County Administrator, members of the Press and Radio, and interested citizens. First item considered was the appeal of Baltuff Disposal Service, Inc., on a denial of a zoning change from - GU to BU-2 on Tract 22 of the unrecorded plat of "Tropic Island Rachettes", and located in Section 26, Township 66 South, Range 29 East, Big Pine Key. Proof of publication was entered into the records. During preliminary discussion a request was made to have the full 5-Member Board present. Motion was made by Commissioner Hernandez and seconded by Commissioner Dolezal to continue the public hearing until Commissioner Kerr returned to the meeting. Motion carried unanimously. u 018 The next item considered was the appeal of Dr. Frederick Morrison who requested that the Board of County Commissioners reverse the decision of the Board of Adjustment in rescinding the rollback on a dimensional variance granted to Dr. Stephen Vuglen on Lot I, Block 2 of Snug Harbor Additio #l as recorded in Plat Book 4, page 155 and located in Section 2, Township 66 South, Range 28 East, Summer land Key, Florida. Proof of publication was entered into the records. Again the request was made for a full Board to be present. Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to continue the public hearing on this matter until Commissioner Kerr returns. Motion carried unanimously. The Chairman declared the public hearing in recess. Regular Meeting Re-convened Regular meeting of the Board of County Commissioners re-convened with everyone present except Commissioner Blair and Commissioner Kerr. LEGAL DEPARTMENT Commissioner Dolezal discussed with the Board along with residents of the Marathon area the service being provided by Air Florida/Air Sunshine to the Marathon area. At the termination of discussion a motion was made by Commissioner Dolezal and seconded by Commissioner Kerr to terminate the occupancy of Air Florida/Air Sunshine in the Marathon Terminal effective March I, 1980. At this point in the meeting Com- missioner Kerr entered and was seated. Roll call vote was taken and carried with Commissioner Blair not present. Then a proposal was made by the President of Naples Airline Service Motion was made by Commissioner Dolezal and seconded by Com- missioner Kerr to authorize the Attorney to prepare and the Chairman to execute a Lease for counter space at the Marathon Terminal with Naples Airline Service in the amount of $402.92 per month. The Lease is to be for a five year period allowing for a 6 percent increase per year. Motion carried with Com- .... missioner Blair not present. RESOLUTION #l8-l980 See Res. Book #17 which is incorporated herein by reference. u tJ 019 At the conclusion of the above discussion Com- missioner Blair returned and there were five members present. The Chairman recessed the regular meeting and re- convened the Board of Appeals. Board of Appeals -- The Appeal Hearing of Dr. Fred Morrison on a dim- ensional variance granted to Dr. Steven Vulgen was continued. Based upon the opinion from the County Attorney a motion was made by Chairman Schloesser and seconded by Commissioner Dolezal that the appeal be denied and that the action taken by the Board of Adjustment be upheld. Motion carried unanimously. RESOLUTION #18A-l980 Res. Book #17 Next was the continuatlon of the appeal of Baltuff Disposal Service, Inc. After hearing testimony from the At- torney representing Baltuff Disposal, Commissioner Dolezal advised the Board that the applicant had ignored the action of the Zoning Board and had gone ahead and begun to use the property for the storage of his garbage trucks. Motion was made by Commissioner Dolezal and seconded by Commissioner Hernandez to postpone any action and continue the public hearing until 4:00 P.M., January 29, 1980 in Key West. Motior carried unanimously. . There being no further business before the Board of Appeals it was adjourned and the regular meeting re-convened. Regular Meeting Re-convened The regular meeting re-convened with everyone present. Chairman Schloesser offered a resolution to the Board of County Commissioners which would be directed to the Florida Keys Aqueduct Authority offering the assistance of the Board in the current emergency water crisis. He made a _. motion which was seconded by Commissioner Kerr to adopt the resolution. During discussion a motion was made by CommissioI er Hernandez and seconded by Commissioner Blair to table this matter. Motion to table passed with Chairman Schloesser voting no. u 020 LEGAL DEPARTMENT Chairman Schloesser advised the Board that a request to have the Monroe County Road Department make the repairs to the Card Sound Road and Bridge was not reasonable at this timE and requested that the request be rejected and that the Engineers obtain estimates from outside firms to make the repairs. The Board concurred. Motion was made by Commissioner Blair and seconded by Commissioner Hernandez to adopt the following resolution transferring funds. Motion carried unanimously. RESOLUTION #19-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Blair and seconded by Commissioner Hernandez to adopt the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Release and Cancellation of Agreement by and between the Board of County Commissioners and Boot Key Enter- prises, Inc., a Florida Corporation. Motion carried unanimously. RESOLUTION #20-1980 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 resol- ution authorizing the Chairman of the Board to execute an amended lease by and between the County of Monroe, State of Florida, and Air Florida Sunshine Subsidiary d/b/a Air Sun- shine. Motion carried unanimously. RESOLUTION #21-l980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Dolezal and secondec by Commissioner Hernandez to authorize erection of sign to provide direction to Island City Flying Service, Inc., fixed base operation. Motion carried unanimously. Motion was made by Commissioner Blair and seconded ~~' ~" by Commissioner Kerr to adopt the following resolution author 7_ ing the Chairman of the Board to execute a Contractural Agree ment by and between the Board of County Commissioners and the South Florida Employment and Training Consortium for Title IID Public Service Employment. Motion carried unanimously. .U U'''' ('21 RESOLUTION #22-1980 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 authorizing the Chairman of the Board of County Commissioners -- to execute a Contractural Agreement by and between the Board - of County Commissioners and the South Florida Employment and Training Consortium for Title VI Public Service Employmen . Motion carried unanimously. RESOLUTION #23-1980 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 authorizing the execution of the traffic signal agreement between the State of Florida, Department of Transportation and Monroe County. Motion carried unanimously. RESOLUTION #24-1980 See Res. Book #l7 which is incorporated herein by reference. Motion was made by Commissioner Blair and seconded by Commissioner Hernandez to adopt the following resolution authorizing reciept of unanticipated funds. Motion carried unanimously. RESOLUTION #25-1980 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 authorizing the Chairman of the Board to execute an agreement for preparation and filing of an Application for park develop ment grant funds from the State of Florida by and between th~ Board of County Commissioners and Recreation Planning Associates, Ltd. Motion carried unanimously. -- RESOLUTION #26-1980 See Res. Book #l7 which is incorporated herein by reference. Motion was made by Commis$ioner Kerr and seconded I~..~ by Commissioner Blair to authorize the Attorney to advertise and call for a public hearing on an ordinance amending Chapter 5, Section 5-7 of the Monroe County Code in regards to blasting and explosives. Motion carried unanimously. The County Attorney reported to the Board that the tower location for the Key West site for the ?ranslator u o:.m System had now been surveyed and that the application for removal of the site had been submitted to FCC. He also indicated that the West Summerland Key site was now in order. No other action was necessary. REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Motion was made by Commissioner Hernandez and seconded by Chairman Schloesser to approve the following ~ items: Minutes for January 3, 1980 meeting. WAR RAN T S General Revenue Fund, #2161-2608, in the amount of $2,095,412.l4. General Revenue Fund FRS, #lO-II, in the amount of $22,787.40. Supplement to the General Reveue Fund, #9-11, in the amount of $14,850.55. Fine & Forfeiture Fund, #21-22, in the amount of $3,709.30. Road & Bridge Fund, #20-2l, in the amount of $22,39l.99. Airport Operation & Maintenance Fund, #ll-12, in the amount of ~5,392.58. Card Sound Bridge Revenue Fund, #12-13, in the amount of $5,556.81. MSD Tax District, #26-27, in the amount of $63,443.62. Workmens Compensation Fund, #35-36, in the amount of $2,496.02. MSD Tax District #IOO-B, #l2-13, in the amount of $429.06. MSD Tax District #72, #12-13, in the amount of $416.68. MSD Tax District #73, #12-13, in the amount of l59.77. MSD Tax District #74, #12-13, in the amount of $174.51. MSD Tax District #75, #12-13, in the amount of $l89.66. MSD Tax District #76, #l2-l3, in the amount of $789.33. MSD Tax District #lOOA, #12-13, in the amount of $94.53. MSD Tax District #100C, #12-13, in the amount of $79.85. MSD Tax District lOOH, #12-13, in the amount of $764.43. Motion car . d rle unanimously. -- -+ u u 023 TABLED ITEMS Motion was made by Commissioner Blair and seconded by Commissioner Hernandez to take from the table an item - pertaining to a biological assessment for Karen Farley. Motion carried unanimously. Motion was then made by Com- missioner Blair and seconded by Commissioner Hernandez to adopt the following resolution incorporating a biological assessment into the records for Karen Farley: Construct 100 l.f. of concrete bulkhead below MHW with riprap at the toe along the shoreline of a natural creek on the oceanside of Vaca Key. The project site is located in a residential area on a natural tidal creek that branches from Sister's Creek, a larger tidal creek that opens into the Florida Straits about 2000 feet to the South. RESOLUTION #27-1980 See Res. Book #17 which is incorporated herein by reference. LEGAL DEPARTMENT" Motion was made by Commissioner Hernandez and seconde by Commissioner Blair to approve partial payment to Recreation -- Planning Associates, Ltd., in the amount of $24,805.96. Motion carried unanimously. OFFICIAL CORRESPONDENCE AND INFORMATION The Board was advised of the Appointments and acceptance of Appointments of the following Deputy Sheriff's by the Monroe County Sheriff: Roderick K. Jackson, Andrew W. Brown, Eugene Garcia, qRichard"Harvey ,.:Leon J. ."Weech., George D. Power, Jr., Charles Harris, Jr., Pamela A. Martin, Paul L. D. Richardson, Jr., David W. Fleming, Marcia L. McGarry, Horace Nathan Christmas, Elaine M. Secatore, Carlton A. Lopez and Joseph G. Kessling. There being no further business the meeting was - adjourned by the Chairman. * * * * * * * * * *