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05/17/1982 Regular X 167 Regular Meeting Board of County Commissioners 10:00 A.M., Monday, May 17, 1982 Plantation Key, Florida - A regular meeting of the Board of County 'ommissioners convened on May 17, 1982 at 10:00 A.M., at the ;overnmental Center, Plantation Key, Florida. Present and inswering to roll call were Commissioner Curt Blair, Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez, Jr., and Chairman pro tern Ken Sorensen who chaired the meeting in the absence of Chairman George Dolezal who was attending his daughters graduation ceremonies. ~lso present were Danny L. Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; County staff; members of the County's Consulting Engineers; ~embers of the Press and Radio; and general public. All stood for the Invocation and Pledge of ~llegiance to the Flag. There were several additions and deletions to the ~genda. The following items were withdrawn at this time: UNFINISHED BUSINESS Agenda Item No. I - Letter from the Hertz Corp., requesting sufficient space in the baggage claim area of the Key West International Airport from which to operate a car rental service. 5 Agenda Item No. 5 - Resolution endorsing the concept of a Land Use Map for the unincorporated areas of 16 Monroe County, etc. LEGAL DEPARTMENT Agenda Item No. I - Report from the Lobster Trap Ordinance Study Committee. 84 14 REQUEST TO ADDRESS THE BOARD Agenda Item No.3 - John E. Bigler, Jr., to discuss extended contract for Avis Rent-A-Car. MOTION was made by Commissioner Harvey and seconded by Commissioner Hernandez to adopt the following items by unanimous consent: UNFINISHED BUSINESS Board APPROVED permit for canal plug reinforcement at Coral Shores Estates, Little Torch Key for Gerald Krause per staff recommendation 18 LEGAL DEPARTMENT Board ACKNOWLEDGED receipt of a letter from the Department of the Navy, dated May 10, 1982, concerning the former Nike Missile Site (HM-40) at Key Largo, Florida. 118 5 Board ADOPTED the following resolution authorizing the Chairman of the Board of County Commissioners to execute a Contract by and between the County of Monroe, State of Florida, and North American Airlines, Inc., d/b/a Air Miami for space at the Marathon Airport. 34 5 RESOLUTION NO. 151-1982 See Res. Book No. 27 which is incorporated herein by reference. 1.68 X 59 43 99 17 99 17 99 62 17 69 17 34 106 66 14 34 77 12 18 18 17 18 Board ADOPTED the following resolution incor- porating a biological assessment into the records concerning the application of the Florida Department of Transportation for revised plan for dredging and excavation of Vaca Cut Channel per staff recommendation. RESOLUTION NO. 152-1982 See Res. Book No. 27 which is incorporated herein by reference. - Board ADOPTED the following resolution concerning receipt of unanticipated funds from proceds of Tax Anticipation Loan. RESOLUTION NO. 153-1982 See Res. Book No. 27 which is incorporated herein by reference. Board ADOPTED the following resolution trans- ferring funds. RESOLUTION NO. 154-1982 See Res. Book No. 27 which is incorporated herein by reference. Board AUTHORIZED the County Attorney to advertise a public hearing concerning amendments to the Garbarge Ordinance. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Board APPROVED payment in the amount of $270.00 to Risk Control Services, Inc., for services rendered during the month of April 1982. Board APPROVED payment in the amount of $17,174.00 to Pinewood Enterprises, Inc. on Project No. 8109-7 Multi-purpose Senior Citizen Center, Big Pine Key. Board APPOINTED the following to the Highway Beautification Committee: Dan Carter - Upper Keys Chamber of Commerce Joan Cutler - Islamorada Chamber of Commerce Mary Evelyn Wulff - Upper Keys Garden Club Joan de St. Croix - Marathon Garden Club Board APPROVED a Letter of Agreement by and between Paul C. Kenson, Jr., & Associates Inc., and the Board of County Commissioners for expansion to the Islamorada Library per their proposal of May 5, 1982 in the amount of $3,500.00. Board ~PROVED a refund in the amount of $27.00 to the Upper Keys Marine Construction Co., for inspection fee per staff recommendation. Board .4P;P.ROVED modification of application for cons t ruc t ion 0 f :.if~~:tt ical seawall for J 0 s ep h McCu tc heon. . - -- Board, AUTHORIZED ''a refund to Sean McAleenan in the amount of $75.00 due to cancellation of an exam per staff recommendation. X 169 Key West Undertaking Company for pauper burials per staff 17 recommendation. fIIP'^'''....-. Board ACKNOWLEDGED receipt of letter from Florida Department of Environmental Regulations pertaining to the 56 Long Key Landfill. 73 Board AUTHORIZED the Public Works Department to advertise and call for bids on the following equipment: (I) 8-12 Ton Roller (I) Oil Distributor (3) Chip Spreaders (I) Tandum Truck 95 12 REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD 1982: Board APPROVED the following Warrants for May, WARRANTS 17 GENERAL REVENUE FUND, #6966-7275, in the amount of $757,886.95. GENERAL REVENUE FUND FRS, #82-83, in the amount of $46,834.47. SUPPLEMENT TO THE GENERAL REVENUE FUND, #70-71, in the amount of $52,20~7~ FINE & FORFEITURE FUND, #161-166, in the amount of $915,723.as:- ---- ROAD & BRIDGE FUND, #135-136, in the amount of $370,361.~ - ---- AIRPORT REVENUE FUND, #77-78, in the amount of $25,080.81. ---- AIRPORT OPERATION & MAINTENANCE FUND, #76-77, in the amount of $28,620.54. - ---- AIRPORT DEVELOPMENT ~ REPLACEMENT FUND, #26, in the amount of $62.50. LAW LIBRARY FUND, #56-57, in the amount of $757.95. CARD SOUND BRIDGE REVENUE FUND, #89-90, in the amount of $19,514.01. MSD TAX DISTRICT, #239-247, in the amount of $725,816.65. --- WORKMENS COMPENSATION, #262-273, in the amount of $5,571.98. TOURIST DEVELOPMENT TRUST FUND, #1-2, in the amount of $159,046.61. CAPITAL PROJECTS FUND, #17-18, in the amount of $143,992.21. 1982. Board APPROVED the Minutes for the month of April, 31 Board APPROVED payment in the amount of $105.80 to Specialized Services out of the Tourist Development ouncil's Special Fund. 115 Board APPROVED payment in the amount of $55,265.75 to Redland Construction Company, Inc., Project No. 000-021.50, Card Sound Road Repairs. 17 34 15 - Board APPROVED Bond of Edwin A. Crusoe, Harbor aster. OFFICIAL CORRESPONDENCE Board was ADVISED of a letter from the Sheriff informing the Board of the appointment of Phillip Randall Bullington, as Deputy Sheriff, effective March I, 1982. 107 OTION carried unanimously. PUBLIC HEARINGS A PUBLIC HEARING was held on a proposed ordinance, fixing a monthly allowance for the Supervisor of Elections 46 170 x 84 127 106 128 120 93 102 tor tne use ot n1s pr1vate.lY ownea autOmOD1.le 1n tne pertor- mance of his duties in such official capacity. Proof of publication was entered into the records. MOTION was made by Commissioner Blair and seconded by Commissioner Hernandez to read the proposed ordinance by title only. MOTION carried unanimously. There was no public participation. MOTION was made by Commissioner Hernandez and seconded by Commissioner Harvey to adopt said ordinance. MOTION carried unanimously. ORDINANCE NO. 6-1982 See Ord. Book No. 5 which is incorporated herein by reference. REQUEST TO ADDRESS THE BOARD Mr. Edgar Williams of Big Pine Key discussed a zoning violation concerning the Toppino Batching Plant and Maintenance Building on Big Pine Key. MOTION was made by Commissioner Hernandez and seconded by Commissioner Sorensen to rule permit No. 88-42 rescinded and null and void and DIRECTING the County Administrator and the Director of Building/Planning/Zoning to secure a registered survey to determine the exact location of the Maintenance Building and also determine the zone that the same is located in. During discussion a MOTION was made by Commissioner Sorensen to refer the item to Mr. Lessler and to require submission of documentation to the Board to support the allegations con- cerning the location of the Maintenance Building and report back in two (2) weeks also authorizing the firm of Post, Buckley, Schuh and Jernigan, Inc., to perform the necessary survey work. This MOTION was withdrawn. Roll call was taken on the original MOTION and carried with Chairman pro tern Sorensen voting no. UNFINISHED BUSINESS A representative of the Big Pine Key Chapter of AARP addressed the Board and invited the Board to the dedi- cation ceremonies of the new Big Pine Senior Citizens Building which will be held May 26, 1982 at I:OO P.M. MOTION was made by Commissioner Harvey and seconded by Commissioner Hernandez to refer an item pertaining to a Flood Hazard Ordinance for Mr. Frank Nuccio to the Director of Building/Planning/Zoning. During discussion the MOTION was withdrawn. MOTION was made by Commissioner Blair and seconded by Commissioner Hernandez to deny the request. Roll call vote was taken and carried with Chairman pro tern Sorensen voting no. Chairman pro tern Sorensen was scheduled to discuss the Florida Keys Electric Co-op but he requested that the item be stricken from the agenda. Mr. Fred Tittle, Attorney, representing the peti- tioners discussed the continued PUBLIC HEARING on a petition to abandon a portion of roadway in Matecumbe Beach. He requested a postponement while his client and property owners in the area were involved in negotiation. MOTION was made by Commissioner Harvey and seconded by Commissioner Hernandez to continue the public hearing until the next Plantation Key meeting. MOTION carried unanimously. - REQUEST TO ADDRESS THE BOARD Mr. Roy Grant, Director of the Bahama village Community Development Corp., addressed the Board concerning the plans for the rehabilitation of an area of Duval Street in the City of Key West. He also introduced Mr. Keith Golan, Mr. James Andrews, and Mr. Jose Golzalez, who made brief presentation to the Board concerning the plans and goals of the Community Development Corp. Mr. Grant at the close of his presentation requested that the Board of County X 171 ~ Commissioners reflect their support of the project and also requested funds from the County in the amount of $25,000.00 and indicated that they would be requesting a similar amount from the City of Key West for the purpose of funding staff for a period of six (6) months. MOTION was made by Commissioner Harvey and seconded by Commissioner Blair to ADOPT the following resolution approving and joining into the purpose of Resolution No. 81-112 of the City of Key West wherein Bahama Village has been designated a District on the Island of Key West. MOTION carried unanimously. RESOLUTION NO. 155-1982 See Res. Book No. 27 which is incorporated herein by reference. MOTION was then made by Commissioner Hernandez and seconded by Commissioner Blair requesting Mr. Grant to confer with Mr. Peter Webber, CETA Liasion Officer, concerning the possible use of excess CETA furniture by the Community Development Corp. MOTION carried unanimously. MOTION was then made by Commissioner Hernandez and seconded by Commissioner Blair directing the County Administrator to proceed to provide the Community Development Corp., the sum of $25,000.00 through a combination of in-kind services and cash if available. Roll call vote was taken and carried unanimously. UNFINISHED BUSINESS MOTION was made by Chairman pro tern Sorensen and seconded by Commissioner Harvey to ADOPT the recommendations of staff concerning the construction of the National Weather Service upper air inflation building at the Key West International Airport and relocation of the Public Works Department maintenance facility and the Sheriff's propane tank at the Key West International Airport. During discussion a MOTION was made by Commissioner Hernandez and seconded by Commissioner Sorensen to POSTPONE consideration of this item until 3:00 P.M. Motion carried unanimously. MOTION was made by Chairman pro tem Sorensen and seconded by Commissioner Blair to ADOPT the following reso- lution endorsing the concept of a Land Use Map for the unin- corporated areas of Monroe County and comitting the Monroe County Commission to the implementation and adoption of a Land use Map for the unincorporated areas of Monroe County at the earliest possible time within the constraints of the finances and the planning staff of the County, and instructing the County Director of Building, Planning, and Zoning to prepare and present to the members of the Commission at his earliest convenience the necessary legal steps and procedures necessary for the implementation and adoption of said Land Use Map. Roll call vote was taken with the following results: Commissioner Blair No Commissioner Harvey No Commissioner Hernandez No Chairman pro tern Sorensen Yes MOTION failed. At this time the Board recessed for lunch. Regular Meeting Re-convened 2:00 P.M. The regular meeting of the Board of County Commissioners re-convened with everyone present. PUBLIC HEARINGS A PUBLIC HEARING was held on the abandonment of a portion of a roadway in Key Largo Beach, Monroe County, Florida. Proof of publication was entered into the records. 17 17 5 18 87 72 127 102 1.72 X 93 No one from the audience spoke for against the proposed abandonment. The County Administrator advised the Board that he had ordered an appraisal but was not in receipt of it at this point. MOTION was made by Chairman pro tern Sorensen and seconded by Commissioner Hernandez to CONTINUE the public hearing until June I, 1982 in Marathon at 2:00 P.M. MOTION carried unanimously. REQUEST TO ADDRESS THE BOARD Mr. Joe Bonfiglio of Marathon Veterans Council addressed the Board concerning the Upper Keys Veterans Office and the need for secretarial help and new headquar- 122 ters. Mr. Ted Kay of the Key Largo Veterans of the Upper 17 Keys also addressed the Board requesting a Secretary in the Upper Keys Office and new space. The following individuals also addressed the Board concerning this problem: Mr. Bob Rutherford of the VFW; Henry Mazanek, Assistant VA Officer; Mr. Arthur Miller, a disabled veteran; and Mr. Julian Koehn, a veteran. MOTION was made by Chairman pro tern Sorensen and seconded by Commissioner Hernandez to ALLOCATE sufficient funds from the Contingency Account to fund a secretarial position in the Upper Keys Veterans Service Office and also AUTHORIZING the movement of the office to the Upper Keys Governmental Center grounds and also DIRECTING that adequate training be given to the Upper Keys Service Officer when necessary. Roll call vote was taken and carried unanimously. MOTION was then made by Chairman pro tern Sorensen and seconded by Commissioner Harvey to reinstate Ms. Pat Lawrence to the position of Secretary in the Upper Keys Veterans Service Office if acceptable by Mr. Mazanek. During discussion this MOTION was withdrawn. OPENING OF BIDS Next item was the opening of sealed bids for re- chasis of Type III Ambulance. Proof of publication was entered into the records. MOTION was made by Commissioner 12 Hernandez and seconded by Commissioner Blair to AUTHORIZE 54 the Clerk to open the bids. MOTION carried unanimously. The Clerk advised the Board that he was in receipt of one (I) bid from the following: First Response, Inc. P. O. Box 2098 New Smyrna Beach, Fl. 32069 $17,385.00 MOTION was made by Commissioner Blair and seconded by Commissioner Hernandez to REFER this bid to staff for a report back to the Board. MOTION carried unanimously. Next was the opening of sealed bids for the refur- bishment of three (3) 1969 Central Pumpers. Proof of publi- 12 cation was entered into the records. MOTION was made by 54 Chairman pro tern Sorensen and seconded by Commissioner Blair to AUTHORIZE the Clerk to open the bids. MOTION carried unanimously. The Clerk advised the Board that he was in receipt of the following bids: Gator Emergency Vehicles, Inc. 1127 Seminole Street Clearwater, Florida 33515 Big Coppitt Key - ~22,665.00 Stock Island - $22,665.00 Su~arloafKey - $22,240.00 Options: (I) New 100 gallon tank if necessary; add ~3,300.00 ea (2) 4" front suction piping per specs; add $2,100.00 ea Biscayne Fire Equip. Co., Inc. $19,775.00 each 2950 N.W. 7th Avenue Miami, Florida Options: (I) New Water Tank/s per specs if needed; add ~4,750.00 ea (2)4" front suction with 4*" NST threads; add $1,370.00 ea X 1'73 MOTION was made by Commiss10ner Bla1r and seconded by Commissioner Hernandez to REFER the bids to staff for a report back to the Board. MOTION carried unanimously. OPENING OF BIDS Mr. Lewin addressed the Board and recommended the award of the bid for channel markers in Cow Key Channel out of the Boating Improvement Program to Frank Keevan and Son, Inc., in the amount of $12,767.00. MOTION was made by 12 Commissioner Hernandez and seconded by Commissioner Harvey 34 to AWARD the bid pursuant to the recommendation of the County Administrator for installation of markers in the Cow Key Channel to Frank Keevan and Son, Inc., in the amount of $12,767.00. MOTION carried unanimously. Mr. Proby, County Attorney, made a brief report to the Board concerning the status of the lawsuit filed by 9 Marks vs. Monroe County. No action was taken. 127 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 Lease Agreement by and between 75 the County of Monroe, State of Florida, and Exec Air 5 Service, Inc., at the Marathon Airport. MOTION carried unanimously. RESOLUTION NO. ~~2 See Res. Book No. 27 which is incorporated herein by referen e. Mr. Proby discussed a hearing which had been called before a Hearing Examiner for the Judicial Committee of the Legislature concerning a Tax Relief Bill which is being 114 filed for the Special Session of the Legislature on behalf 93 of Monroe County. He indicated that a hearing had been 31 called for May 18, 1982 in Tallahassee at 10:00 A.M., and requested authorization for travel for himself and any appropriate staff members. MOTION was made by Commissioner Blair and seconded by Commissioner Harvey to APPROVE the travel. MOTION carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR MOTION was made by Commissioner Hernandez and seconded by Commissioner Blair to APPROVE travel for Mr. Alan Lessler and Mr. Richard Morley who were applicants for the position of the Director of Building/Planning/Zoning to travel to Key West for the purpose of conducting interviews. Roll call vote was taken and carried unanimously. 128 87 18 Commissioner Hernandez discussed a letter from the Key West Junior Football League concerning a contribution to their organization. MOTION was made by Commissioner 85 Hernandez and seconded by Commissioner Blair to APPROVE transfer of $3,000.00 from Contingency Account to a Recreation Account to be used to fund activities of the Key West Junior Football League and the County Administrator was DIRECTED to advise all parties with whom the County deals that requests for funds would have to be made during the Budget process in order for them to be honored and acknowledged during the fiscal year 1982-83. Roll call vote was taken and carried unanimously. 17 85 UNFINISHED BUSINESS A item discussed earlier concerning discussion by the Airport Consultants on the construction of the National Weather Service for the upper air inflation building at Key West International Airport and relocation of the Public Works maintenance facility and the Sheriff's Department pro- pane tank at Key West International Airport was POSTPONED for two (2) weeks. 5 107 33 REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR MOTION was made made by Chairman pro tern Sorensen ~4 x 128 70 43 86 43 75 5 117 17 27 9 and seconded by Commissioner Blair to AUTHORIZE removal of the following County Inventory item: 1978 IBM Selectric II Beige Typewriter, Inv. No. 0971-4, Mfgs. I.D. No. 924029218, located at Cudjoe Incinerator; item stolen. (Sheriff's Report in agenda file) LEGAL DEPARTMENT The County Attorney discussed the excavation permit at Port Boganvillea. MOTION was made by Commissioner Hernandez and seconded by Commissioner Blair to reaffirm the action of the Board of County Commissioners in APPROVING the existing excavation permits at Port BoganvillQa with the condition that the water quality would be monitored by staff and that the Board of County Commissioners would be notified immediately upon any degradation of the water quality. MOTION carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR MOTION was made by Chairman pro tern Sorensen and seconded by Commissioner Hernandez to APPROVE excavation at Windley Key, Galen Beach Subdivision for Thomas Wiley per staff recommendations. MOTION carried unanimously. MOTION was made by Commissioner Hernandez and seconded by Commissioner Blair to POSTPONE a request from Bruce Seigel to lease land at the Key West International Airport for the purpose of constructing permanent private aircraft hangar indefinite. MOTION carried unanimously. MOTION was made by Chairman pro tern Sorensen and seconded by Commissioner Hernandez to POSTPONE consideration of appointment of Attorney for the Translator Board for two (2) weeks. MOTION carried unanimously. MOTION was made by Commissioner Hernandez and seconded by Chairman pro tem Sorensen to APPROVE payment of the following bills in full: Beyer Funeral Home - $998.00 Beyer Funeral Home - $542.00 pritchards Funeral Home - $170.00 MOTION carried unanimously. At this time Mayor pro tern Sorensen discussed the procedure concerning pauper burials and also requested that the County Attorney provide the Board with an opinion con- pauper burials. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Blair discussed the 90 Day Moratorium and was advised by Mr. Alan Lessler, Director of Building/Planning/Zoning that the moratorium terminated as of May II, 1982. MOTION was made by Commissioner Blair and seconded by Commissioner Harvey to extend the freeze and the processing of Major Development Applications for 90 days from the date of the expiration of the previous freeze. MOTION was made by Chairman pro tem Sorensen to amend the MOTION to continue the freeze until July 12, 1982. This amendment was accepted by the maker of the motion and second and became part of the original motion which was ADOPTED unanimously. Commissioner Harvey discussed a request from the City of Key West for the use of a small part of County-owed property in Key West to be used for a pumping station. MOTION was made by Commissioner Harvey and seconded by Chairman pro tern Sorensen to REFER the request to Mr. Lessler, Director of Building/Planning/Zoning. MOTION carried unanimously. X 175 -- Commissioner Hernandez discussed a proposed public relations meeting in June to be held in connection with the City of Key West, Monroe County, Dade County, City of Miami, City of Miami Beach, City of Key Colony Beach, and the City of Layton representataives. MOTION was made by Commissioner Hernandez and seconded by Commissioner Harvey to ALLOCATE up to $2,500.00 out of the Board's Discretionary Advertising Funds for a public relations promotional meeting to be held on June 5, 1982 with representataives of Monroe County and the City of Key West, Dade County, City of Miami, City of Miami Beach, City of Key Colony Beach, and the City of Layton to discuss common problems and solutions. Roll call vote was taken and carried with Chairman pro tem Sorensen voting no. Commissioner Hernandez discussed the Governor's Womens Hall of Fame Program. MOTION was made by Commissioner Hernandez and seconded by Commissioner Blair DIRECTING that the Board of County Commissioners will submit the name of Commissioner Wilhelmina Harvey as a nominee for entrance into the Florida Women's Hall of Fame. Roll call vote was taken and carried unanimously. Commissioner Blair discussed the proposed sub- mission of a grant to the Coastal Zone Coordinating Council for Monroe County. MOTION was made by Chairman pro tern Sorensen and seconded by Commissioner Blair AUTHORIZING the submission of a grant to the Coastal Zone Coordinating Council for Monroe County. MOTION carried unanimously. - Commissioner Blair discussed the proposed location of a landfill site on Cudjoe Key by the City of Key West adjacent to the County's incinerator operation at Cudjoe Key and the possible responsibilities and obligations of the County concerning save. This item was referred to Mr. Lewin for a report concerning the County's potential involvement. There being no further business the meeting was adjourned. ,****************** - 17 31 14 63 127 73 27