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02/09/1982 Regular - 066 X Regular Meeting Board of County Commissioners Tuesday, Februar~ 9 , 1982 10:00 A.M. , Key West, Florida A regular meeting of the Board of County Commission- ers convened on February 9, 1982 at 10:00 A.M., Courtroom B, Courthouse Annex, Key West, Florida. Present and answering to roll call were Commissioner Curt Blair, Commissioner Wilhelmin~ Harvey, Commissioner Jerry Hernandez, Jr. , Commissioner Ken Sorensen and Chairman George Dolezal. Also present were Danny L. Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; Department Heads; members of the County Engineering Firm; members of the Press and Radio; and general public. All arose and recited the Lord's Prayer led by Com- missioner Blair and remained standing for the Pledge of Al- legiance to the Flag. There were several additions and deletions to the agenda. The following items were postponed for two (2) weeks: (1) Oral report concerning the Marathon Airport Lease. (2) Commissioner Hernandez to discuss question of permitting home owners temporary living quarters in trailers or other quarters during the con- struction of a residence on their property. (3) Commissioner Hernandez to discuss the division of the Building Department and the Zoning Department into separate entities and depart- ments in the County. (~) Resolution fixing monthly allowance of the Super visor of Elections for the use of his privately owned automobile in the performance of his duties; providing the same in lieu of a mileage allowance for the Supervisor of Elections and is an allowed expense as such in the operation of his office as the Supervisor of Elections of Monroe County. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve the following items by unan- imous consent: j LEGAL DEPARTMENT Road, abol Board adopted the following resolution authoriz- ishments. ing the County Attorney to advertise for a public hearing on a petition to abandon a portion of Avenue "I" and Avenue "J" in Coco Plum Beach, Marathon, Florida. RESOLUTION NO. 61-1982 See Res. Book No. 25 which is incorporated herein by reference. X 067 Board adopted the following resolution incor- Zoning; porating a biological assessment into the records Licenses & Permits. concerning the application of G. F. Swilling to construct a bulkhead/seawall with backfill along his Key Largo property shoreline. RESOLUTION NO. 62-1982 - See Res. Book No. 25 which is incorporated herein by reference. Board adopted the following resolution concern- Budgets. ing the receipt of unanticipated funds from donations RESOLUTION NO. 63-1982 See Res. Book No. 25 which is incorporated herein by reference. Board w2'ived Occupational License fee for St. Licenses & Peters Church to operate a flea market. Permits; Zoning. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Board authorized execution of Agreement Contract Contracts ~ with Risk Control Associates, Inc. , for risk manage- Agreements; Insurance. ment services and the Attorney was instructed to pre- pare a resolution and the Chairman was authorized 'to,execute same. RESOLUTION NO. 64-1982 See Res. Book No. 25 which is incorporated herein by reference. Board approved final invoice to Risk Control Budget; Associates, Inc. , in the amount of $650.00 per agree- Insurance. - ment dated January 27, 1981. Board waived Building Permit fees for addition Licenses & to temple for the Key Largo Baptist Temple. Permits; Zoning. Board approved three (3) days annual leave for Charles Aguero, MSD Director, on February 11, 12, District. and 16, 1982. Board approved payment of invoice to Pinewood Budget; Enterprises in the amount of $8,050.00, partial Bids & proposal of 12, Proposals; payment, per January 1982 to construc Waste Coll& 2" gasket waterline from U. S. Highway 1 to Cudjoe Disposal. Key Incinerator site. REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD Board approved the following Warrants for January, 1982: Budget. W A R RAN T S -------- General Revenue Fund, #3258-3878, in the amount of $2,641,458.20. General Revenue Fund FRS, #66-67, in the amount -- of $51,568.69. Supplement to the General Revenue Fund, #56-58, in the amount of $24,119.20. Fine & Forfeiture Fund, 111 3 7 - 1 41 , in the amount of $5,290.23. Road & Bridge Fund, #110-112, in the amount of $51,113.69. Airport Revenue Fund, #68, in the amount of $187.50. Airport Operation & Maintenance Fund, #63-65, in the amount of $3,442.03. Law Library Fund, #50, in the amount of $118.50. Card Sound Bridge Revenue Fund, #72-75, in the amount of $15,736.76. 068 X MSD Tax District, #192-199, in the amount of $540,566.81. Workmens Compensation, #205-214, in the amount of $3,634.65. . Capital Project Fund, #6, in the amount of $400,000.00. MSD Tax District #lOO-B, #72,73, in the amount of $1,315.61. MSD Tax District 1172, 1171,72, in the amount of $3,747.32. - MSD Tax District 1173, 1172, in the amount of $1,649.56. MSD Tax District 1174, #72, in the amount of $1,830.65. MSD Tax District #75, #72, in the amount of $2,750.05. MSD Tax District 117 6 , #72, in the amount of $571.14. MSD Tax District II100-A, #72, in the amount of $180.61. MSD Tax District #lOO-C, #72, in the amount of $1,041.89. MSD Tax District #lOO-H, #72, in the amount of $1,505.88. MSD Tax District #500-L, #72, in the amount of $742.40. Motion carried unanimously. ADDITIONS OR CORRECTIONS TO AGENDA Co. Tax The Board heard from Mr. Harry F. Knight, Tax Col- Collector; lector, Advertising; concerning selection of a newspaper for the advertise- --- Bids & Proposals; ment of delinquent tax roll for 1982 and advised the Board of Tax Delinquent. a new format used by other Counties. Motion was made by Com- missioner Hernandez and seconded by Commissioner Sorensen to refer this matter to the County Administrator to seek proposals for advertisement. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Blair to authorize advertisement using the method as outlined in Mr. Knight's letter of February 8, 1982. Motion carried unanimousl . PUBLIC HEARINGS Ordinance~ The Board held a public hearing on an ordinance amending Chapter 11 of the Monroe County Code by adding a section to be numbered 11-4 to provide for parking spaces for - handicapped persons. Proof of publication was entered into the records. Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to read the ordinance by title only. Motion carried unanimously. Motion was made by Com- missioner Hernandez and seconded by Chairman Dolezal to adopt the proposed ordinance. Roll call vote was taken and carried unanimously with Commissioner Blair and Commissioner Sorensen absent for roll call. x 069 ORDINANCE NO. 2-1982 See Ord. Book No. 5 which is incorporated herein by reference. A public hearing was held on an ordinance amending Ordinance; Chapter 6 of the Code of Ordinances of Monroe County, Florida, Zoning. by adding a section to be numbered 6-245; establishing Major - Development Application Fees, etc. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez to postpone this public hearing until later in the meeting. The motion was withdrawn. Motion was then made by Chairman Dolezal and seconded by Commissioner Hernandez to read the proposed ordinance by title only. Discussion ensued. Motion was made by Commissioner Sorensen and seconded by Chair- man Dolezal to adopt said ordinance. During discussion a motion was made by Commissioner Harvey and seconded by Com- missioner Hernandez to postpone this matter. Roll call vote was taken on the motion to postpone with the following results: Commissioner Blair No Commissioner Harvey No - Commissioner Hernandez Yes Commissioner Sorensen No Chairman Dolezal No Motion failed. Roll call vote was then taken on the original motion with the following results: Commissioner Blair Yes Commissioner Harvey Yes Commissioner Hernandez No Commissioner Sorensen Yes Chairman Dolezal Yes Motion carried. The following ordinance was adopted: ORDINANCE NO. 3-1982 See Ord. Book No. 5 which is incorporated herein by reference. OPENING OF BIDS Next item was the opening of sealed bids for one (1) Bids & Proposals; Heavy-Duty Diesel-Powered 1982 Dump Truck for the Public Works Machinery & Equipment. -- Department. Proof of publication was entered into the records. Motion was made by Commissioner Hernandez and seconded by Com- missioner Harvey to authorize the Clerk to open the bids. Motion carried unanimously. The following bids were received: Bay Ford Truck Sales, Inc. P. O. Box 5032 Tampa, Florida 33675 $37,778.79 Duncan Ford, Lincoln-Mercury $42,264.03 1618 Roosevelt Blvd. Alternate Key West, Florida 33040 $43,014.03 070 X Rechtien Internat'l Trucks, Inc. 7227 N.W. 74th Avenue Miami, Florida 33166 $40,746.46 Motion was made by Commissioner Hernandez and seconded by Com- missioner Harvey to refer the bids to staff for evaluation and report back to the Board later in the meeting. Motion carried - unanimously with Commissioner Sorensen absent for roll call. UNFINISHED BUSINESS Next item was the appointment to the License Examing appointments Zoning; Board. MOtion was made by Chairman Dolezal and seconded by Licenses & Permits. Commissioner Hernandez to appoint Mr. Tom Holding to the License Examing Board. Motion carried unanimously. Motion was then made by Commissioner Harvey that we do not fill any vacancies on this Board until there is a need for it. During discussion the motion was withdrawn. Motion was then made by Commissioner Harvey and seconded by Commissioner Hernandez to re-appoint the following members to the Board of Adjustment and Appeals for Building: -- Richard Colville - term to expire December, 1984 Bill Stewart - term to expire December, 1983 Edison Archer - term to expire December, 1983 T. J. Wicks - term to expire December, 1982 Don Bradford - term to expire December, 1982 Motion carried unanimously. Appointments Motion was made by Commissioner Hernandez and Zoning; seconded by Commissioner appointments Licenses & Harvey to postpone to the Permits. Code Review Board until February 23, 1982. Roll call vote was taken and carried with Commissioner Sorensen voting no. LEGAL DEPARTMENT Zoning. Commissioner Sorensen presented a resolution and read it into the records directing the Planning and Zoning Depart- ments of Monroe County to accept Major Developments but to withhold processing of same for a period of ninety (90) days -- from the date hereof; providing for the standards and require- ments to commence processing Major Developments at the end of the time set forth herein and stating reasons for the same. Motion was made by Commissioner Sorensen and seconded by Com- missioner Blair to adopt the proposed resolution. During dis- cussion the Board heard from Mr. Bob Ernst, and Attorney Fred X 071 Tittle. During discussion a motion was made by Commissioner Harvey and seconded by Commissioner Blair to amend the resoluti n by striking the fifth paragraph. This amendment was accepted by the makers of the motion. Motion was then made by Com- missioner Sorensen and seconded by Commissioner Harvey to - delete No. 1 and add the following to be known as No. 1, " For a period of 90 days from this date, Major Development Project Applications shall be accepted by the Planning and/or Zoning Department but shall not be processed during the same ninety (90) day period". Roll call vote was taken with the following results: Commissioner Blair No Commissioner Harvey Yes Commissioner Hernandez No Commissioner Sorensen Yes Chairman Dolezal Yes Motion carried. Roll call vote was then taken on the resolu- tion as amended and carried with Commissioner Hernandez voting no. - RESOLUTION NO. 65-1982 See Res. Book No. 25 which is incorporated herein by reference. The Board recessed for lunch at this time. Regular Meeting Re-convened 2:00 P.M. The regular meeting re-convened with all Commissionets and staff present. Members of the public, Press and Radio were also present. Mr. Stickney, Public Works Director, made his recom- Bids & Proposals; mendations to the Board concerning bids opened earlier for 198", Machinery ~ Equipment. Heavy-Duty Diesel-Powered Truck for his department. Motion was made by Commissioner Hernandez and seconded by Commissionet Harvey to accept his recommendation and award the bid to Bay Ford Truck Sales, Inc. of Tampa, Florida in the amount of - $37,778.79. Motion carried unanimously. At this time Commissioner Hernandez presented a Commenda- tions. resolution and along with the Board made a presentation of saic resolution acknowledging the selection of Gina Colglazier as the Queen of Old Island Pageant. Motion was made by Chairman Dolezal and seconded by Commissioner Harvey to adopt the 072 X following resolution in recognition of same. Motion carried unanimously. RESOLUTION NO. 66-1982 See Res. Book No. 25 which is incorporated herein by reference. Co. Employee At this time Chairman Dolezal along with the other Commenda- tions. Members of the Board presented Mr. Edward Stickney, Public - Works Director, with a plaque for 20 years of service to Monroe I County. LEGAL DEPARTMENT Commenda- Commissioner Harvey presented a resolution directed tions; Bridges & to the Department of Transportation of the State of Florida, Culverts. requesting that the Seven-Mile Bridge located in the Florida Keys, now under construction be named the Bernie C. Papy Seven- Mile Bridge for and in the memory of Bernie C. Papy; that an appropriate marker be placed on both the South and North ap- proaches to said bridge showing such commemoration. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to adopt said resolution. During discussion Com- --- missioner Blair offered a substitute motion to name the Key West International Airport after Mr. Papy instead of the Seven- Mile Bridge since he felt the vote should be unanimous. The County Attorney ruled that the Board must first vote on the original motion. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to amend the resolution to add the Key West International Airport instead of the Seven- Mile Bridge. The Chair ruled this motion invalid. Motion was then made by Commissioner Blair and seconded by Commissione~ Sorensen to postpone this matter. Roll call vote was taken and carried with Commissioner Harvey and Commissioner Hernande2 voting no. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS - Zoning; Commissioner Hernandez discussed zoning problems on Rockland Key. The following served as spokespersons who dis- cussed the citations they had been served with: Mr. Castillo, Mr. Roache, Mr. Ryder, and Ms. Welters. Lengthy discussion ensued between the Board Members. Motion was made by Com- missioner Hernandez and seconded by Commissioner Harvey naming X 073 a committee composed of the County Attorney, the County Administrator, three (3) County Commissioners along with Committee; residents of the area Mr. Roache, Ms. Welters and Mr. Richard Kerr, member of the public. The purpose of the commitee is to study the problems and report back to the Board. Motion car- - ried unanimously. Motion was then made by Commissioner Hernandez and seconded by Commissioner Harvey that the criteria be placed in hold status until further review by the Board. During discussion this motion was withdrawn. Motion was then made by Commissioner Blair and seconded by Commissioner Hernandez include the from the State State to County Prosecutor Attorney. Attorney's Office in the committee. Motion carried unanimously Commissioner Sorensen introduced Mr. Rusty Roberts, Aide of Senator Hawkins who was in the audience. Chairman Dolezal was to discuss the Translator Television; System and offer resolution. He advised the Board that he Elections, a Sp. & Misc. in the of preparing resolution concerning (Referen- was process a dum). - referendum and asked that it be postponed until the next meeting. Motion was made by Chairman Dolezal and seconded by Commissioner Hernandez to postpone this matter for two (2) weeks. Motion carried unanimously. Commissioner Harvey discussed amendments to the Zoning; Zoning Ordinance. Motion was made by Commissioner Harvey and seconded by Chairman Dolezal establishing procedure on Zoning Appeals so that the appeals are held in the affected area. Motion carried unanimously. Motion was made by Com- missioner Harvey and seconded by Chairman Dolezal establishing procedures on abandonment and vacations of roads so that the Road, Abolishment meetings are held in the affected area. Motion carried - unanimously. Commissioner Blair was to discuss a joint agreement Contracts & Agreements; with the Marathon Fire Department and the Marathon AARP Retired Persons; Chapter. Commissioner Blair advised the Board that he would Co. Fire & Arnb . Corp. make recommendations to the Board on this matter at the next meeting. Commissioner Harvey presented a resolution request- ing a prompt and final disposition of Federal surplus property Surplus Property; 074 X Municipal I in the City of Key West, Florida, known as Truman Annex. Corp. Motion was made by Commissioner Harvey and secomled by Com- missioner Blair to adopt said resolution. Motion carried unanimously. RESOLUTION NO. 67-1982 See Res. Book No. 25 which is incorporated herein by reference. - Aqueduct; Commissioner Hernandez discussed problems with water Legislation. quantity and quality in the County. Motion was made by Com- missioner Hernandez and seconded by Commissioner Sorensen instructing the County Administrator to set up a meeting with the Legislative Delegation to discuss proposed Legislation regarding the transfer of the water authority to the Board of County Commissioners. Roll call vote was taken and carried unanimously with Commissioner Sorensen absent. Commissioner Blair discussed building problems at Licenses & Permits; the Batching Plant in Big Pine Key. Motion was made by Com- Zoning; Bridges & missioner Blair and seconded by Commissioner Hernandez instruct Culverts. ing the Building Director to formally rescind the Permit issued - on November 21, 1981 to Charley Toppino and Sons for the Batch- ing Plant in Big Pine Key. Motion carried unanimously. Motion was then made by Commissioner Blair and seconded by Chairman Dolezal instructing staff to offer County property on West Summer1and Key on a temporary basis to Charley Toppino and Son~ for the Batching Plant until completion of the bridges. Motior carried unanimously. Motion was made by Commissioner Hernande2 and seconded by Commissioner Blair instructing the Zoning Board to hold public hearings to amend the Zoning Ordinance to delete the authorization of the Building Official to issue temporary permits. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Appointments Motion was made by Commissioner Blair and seconded --.-- by Commissioner Hernandez to re-appoint Fred Shaw to the Redevelopment Agency Board. During discussion a motion was made by Commissioner Hernandez and seconded by Commissioner Blair to postpone this item for two (2) weeks. Motion carried unanimously. At this point in the meeting a motion was made by X 075 Chairman Dolezal and seconded by Commissioner Harvey to con- tinue the meeting until 5:30 P.M. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Blair discussed a Technical Assistance Funds (Fed Grants); Grant for the Sheriff. He also discussed the Cluster Conferenc ~Sheriff ; - Travel; being held in Tampa, Florida on February 24, and 25, 1982 and Commission- ers. requested travel for himself. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to approve travel for any Commissioner wishing to attend the conference. Motion carried unanimously. Commissioner Blair discussed the transfer of Tele Television. Media stock. Motion was made by Commissioner Blair and seconde by Commissioner Sorensen instructing the County Attorney to review the transfer. Motion carried unanimously. Motion was made by Chairman Dolezal and seconded by Travel; Commission- Commissioner Sorensen to authorize travel for any Commissioner ers. wishing to attend the Cabinet Hearing in Tallahassee on - February 16, 1982 concerning the Cadastre Project. Motion carried unanimously. Commissioner Blair was scheduled to discuss the Airport Lounge. This item was postponed until the next meeting. Commissioner Blair discussed zoning procedures relat- Zoning; utility companies. Motion was made by Chairman Dolezal Utilities. ing to and seconded by Commissioner Sorensen to postpone this matter for two (2 ) weeks. During discussion this motion was withdrawn Commissioner Hernandez offered an amendment by removing the first paragraph concerning "explosive growth". Motion was made by Commissioner Blair and seconded by Commissioner Harvey to adopt said resolution. During discussion a motion was made by -- Commissioner Blair to amend the resolution by deleting the first paragraph. During discussion a motion was made by Com- missioner Sorensen and seconded by Chairman Dolezal to postpone this item for two (2) weeks. Roll call vote was taken and failed with Commissioners Blair, Harvey and Hernandez voting no. Further discussion ensued. Commissioner Sorensen offered 076 X an amendment to strike the words "and allocation" from Item No. 1. Chairman Dolezal seconded the amendment. Commissioner Blair didn't accept the amendment. Roll call vote was taken and failed with Commissioners Blair, Harvey and Hernandez voting no. Roll call vote was then taken on the original - motion and carried unanimously with Commissioner Sorensen absent for roll call. RESOLUTION NO. 68-1982 See Res. Book No. 25 which is incorporated herein by reference At this time a motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to extend the meeting until 6:30 P. M. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Contracts & Motion was made by Commissioner Hernandez and secon- Agreements; Legal ded by Commissioner Harvey to adopt the following resolution Aid; State Agency. authorizing the Chairman to execute an Agreement by and betweer the State of Florida Department of Health and Rehabilitative Services and Monroe County under Title XX of the Social Security -- Act (Legal Aid). Motion carried unanimously. RESOLUTION NO. 69-1982 See Res. Book No. 25 which is incorporated herein by reference. LEGAL DEPARTMENT Maps & Motion was made by Commissioner Hernandez and Plats. seconded by Commissioner Harvey to adopt the following resolution authorizing petition to vacate and annul Plat submitted by Faro Blanco, Inc. , known as "Davis Addition" and a portion of the "Amended Plat of Bayview Subdivision". Motior carried unanimously. RESOLUTION NO. 70-1982 See Res. Book No. 25 which is incorporated herein by reference. --- Rights of Next the Board discussed a resolution and easement ',Jay, Easement . at Windley Key. Motion was made by Commissioner Blair to postpone this item for two (2) weeks. No second was received to this motion. The Board heard from Mr. Pat Gleason, Miami Geological Society; Mr. Ray Allen, Attorney representing Ad Hoc Committee; and Mr. Roger Bridges, Attorney for owners, Windley Key, Ltd. Motion was made by Commissioner Sorensen X 077 and seconded by Chairman Dolezal to adopt the resolution authorizing the Chairman to execute a Conservation Easement by and between Windley Key, Ltd. , and Monroe County. During discussion a motion was made by Commissioner Blair to postpone No second was received to his motion. Roll call vote was take - on the motion to adopt and failed with Commissioners Blair, Harvey and Hernandez voting no. Motion was then made by Commissioner Sorensen and seconded by Commissioner Blair to refer this item back to the Zoning Board for appropriate actio . Roll call vote was taken and carried with Commissioner Harvey absent and Commissioner Hernandez voting no. There being no further business the meeting was adjourned. The following items were not considered due to the lateness of the meeting: (1) Resolution concerning application of the Institute of Delphinid Research, Ltd. , pro- posing the stabilization and development of a - canal shoreline and an open water shoreline bordering a perimeter channel to provide private boat mooring and shoreline protection. (2) County Administrator's Report. (3) Transfer of funds from the Contingency Fund to be approved by the Commission - $1918.00 to be paid to Post, Buckley, Schuh and Jernigan, for an engineering inspection of the Palms Condominium, for use in law suit. (4) Appointment of County Commissioner to serve on Fair Hearing Committee. (5) Approval of transfer of funds. (6) Approval of Advertising Bills for January, 1982. (7) Chairman Dolezal to discuss resolution from Desoto County reference State mandated programs not funded by the State. - - - '-- . ------------ ---