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07/26/1982 Regular x~ Regular Meeting Board of County Commissioners Monday, July 26, 1982 10:00 A.M., Key West, Florida A regular meeting of the Board of County Commissioners convened on the above date. Present and answering to roll call were Commissioner Curt Blair, 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; members of the County's staff and Consulting Engineers; Members of the Press and Radio; and general public. Commissioner Wilhelmina Harvey was absent for roll call but entered and was seated during the additions to the agenda. All stood for the Invocation and Pledge of Allegiance to the Flag. Motion was made by Commissioner Harvey and seconded by Chairman Dolezal to approve the following items by unani- mous consent: LEGAL DEPARTMENT Board adopted the following resolution authorizing 34 and approving Project Application with State of Florida, 58 Department of Natural Resources, for Cow Key Channel Boating 24 Improvement Fund Project. RESOLUTION NO. 190-1982 See Res. Book No. 28 which is-rncorporated herein by 99 reference. Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute Amendment No. 2 to the Department 34 of the Army License No. DACAOl-3-80-2 Key West Defense Area 118 Site No. KW-65 and Field Training Area Military Reservation, 86 Florida, by and between the United States Department of the Army. and the Board of County Commissioners of Monroe County, Florida. RESOLUTION NO. 191-1982 See Res. Book No. 28 which is-rncorporated herein by 99 reference. Board adopted the following resolution incorporating a biological assessment into the records concerning the appli 127 cation of Frank Toppino to protect the shoreline of his pro- perty from erosion per staff recommendation. RESOLUTION NO. 192-1982 See Res. Book No. 28 which is-,ncorporated herein by 99 reference. Board adopted the following resolution concerning receipt of unanticipated funds from sale of contraband or for 17 feited evidence. RESOLUTION NO. 193-1982 See Res. Book No. 28 which is-,ncorporated herein by 99 reference. Board adopted the following resolution concerning receipts of unanticipated funds from other governmental 17 agencies. RESOLUTION NO. 194-1982 See Res. Book No~ 28 which is-rncorporated herein by 99 reference. 202X 34 106 99 34 106 99 17 69 99 34 16 99 17 22 34 125 17 the Chairman of the Board of County Commissioners of Monroe County, Florida, to execute an Amendment to Contract and Grant by and between United Way of Dade County, Inc. Area Agency on Aging for Dade and Monroe Counties for Nutrition Program. RESOLUTION NO. 195-1982 See Res. Book No. 28 which is-,ncorporated herein by reference. Board adopted the following resolution authorizing the Chairman of the Board of County Commissioners to execute an Amendment to Contract and Grant by and between the United Way of Dade County, Inc. Area Agency on Aging for Dade and Monroe Counties for the Older Americans Transportation Program. RESOLUTION NO. 196-1982 See Res. Book No. 28 which is-,ncorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Board approved payment to Risk Control Associates, Inc., in the amount of $1,104.80 for services rendered during June, 1982. Board adopted the following resolution adopting the Afirmative Action Plan for Monroe County. RESOLUTION NO. 197-1982 See Res. Book No. 28 which is-,ncorporated herein by reference. Board adopted the following resolution approving Change Order No.1 amending the Contract by and between Upper Keys Marine Construction Company and Monroe County, Florida, by substituting round timber treated piling for treated timber piles and deleting Addendum #2 reverting back to the time ori- ginally shown for contract of 150 days. RESOLUTION NO. 198-1982 See Res. Book No. 28 which is-,ncorporated herein by reference. Board approved payment in the amount of $624.00 to SBe~er Funeral Home for pauper burial reference to Marsha R. mlth, deceased June 26, 1982. Board approved execution of Agreement by and between Bay Shore Manor a/k/a as Monroe County Home Adult Congregrate Living Facility for the Elderly - Level II, 'Sarah E. Dominguez and Frances K. Perez REPORTS! RECOMMENDATIONS FROM CLERK TO THE BOARD - -- Board approved the following Warrants for July, 1982: !i~~~~!iI.~ GENERAL REVENUE FUND, #9410-9828, in the amount of $1,164,486.67. FINE & FORFEITURE FUND, #178-180, in the amount of $387.88. AIRPORT REVENUE FUND, #84, in the amount of $265.72. AIRPORT OPERATION & MAINTENANCE FUND, #85, in the amount of $19.76. x ~ MSD TAX DISTRICT, #262-268, in the amount of $98,432.88. WORKMENS COMPENSATION, #303-313, in the amount of $6,808.67. Board approved Minutes for the months of May and June, 1982. Board approved the following Advertising Bills: Stuart Newman & Assoc. PR Fee Production, Dist., Printing Media $1,750.00 1,940.76 3,484.50 $7,175.26 $ 226.53 Upper Keys Chamber of Commerce OFFICIAL CORRESPONDENCE Board accepted the Sheriffls report concerning the availability of federal funding for jail construction. Board authorized the Sheriff to expend funds for the purchase of computer equipment through the Law Enforcement Trust Fund Account on an on-going basis until the equipment, as recommended in his letter of July 20, 1982, is acquired. Board accepted letter from the Sheriff advising of the appointments of the following as Deputy Sheriffs: Anthony James Hughes - Precinct No. 22 Charles Allen Mikell - Precinct No. 18 Peter Robert Wentworth - Precinct No. 18 Condy Piper Williams - Precinct No. 17 and the resignation of the following Deputy Sheriff: Condy Williams - effective July 15, 1982 Motion carried unanimously. Mayor Dolezal asked for a moment of personal prlvl- lege and introduced Mrs. Al Melton and her kindergarden class from the Marathon area. Ms. Melton requested that the Board provide manpower for the planting of plants at the Stanley Switlik Park that the children had raised money and purchased This item was referred to Mr. Stickney. REQUEST TO ADDRESS THE BOARD ..... Mr. Mel Levitt discussed grant funds for a Senior Citizens Center in Marathon. Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal instructing the County Attorney and the County Administrator to work in con- junction with Mr. Levitt to obtain the appraisals of County property at Marathon and authorized the expenditure of funds for the application. Motion carried unanimously. Mr. Levitt also made a progress report on the Community Care of the Elderly Program. UNFINISHED BUSINESS Sheriff William Freeman addressed the Board regardin federal money for Jail expansion and computer system expansion. Board took action on these items earlier in the meeting. 107 71 17 39 107 107 107 85 95 106 63 107 71 39 204 X 17 107 12 71 5 75 34 33 At this time Commissioner Sorensen discussed the Sheriff's Budget for FY 1982-83 and presented a revised Budge in the amount of $6,554,739.00. Motion was made by Commissioner Sorensen to reject the Sheriff's Budget Request for FY 1982-83 in the amount of $9,386,674.00 and to amend as follows: ? Personal Services Operating Expenses Capital Outlay Contingency $4,224,292.00 1,805,658.00 469,789.00 55,000.00 $6,554,739.00 (7% increase in salaries for employees and 5% over-all increase). No second was received to his motion. Motion died. OPENING OF BIDS Next item was the opening of sealed bids for Plumbing, Phase I, Courthouse Annex, Second Floor, County Jail. Proof of publication was entered into the records. Th Clerk advised the Board he was in receipt of two (2) bids. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to authorize the Clerk to open the bids. Motion carried unanimously. The following bids were received: Ed's Quality Plumbing 2515 Flagler Avenue Key West, Florida 33040 $21,850.00 Santiago Plumbing 1208 Pearl Street Key West, Florida 33040 $ 9,530.70 Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to refer the bids to staff for a report back to the Board later in the meeting. Motion carried unani mously. UNFINISHED BUSINESS A request from Hyatt-San Enterprises for a Lease on Airport Property for a parking lot for Martha's Restaurant was deleted from the agenda. The Board discussed their Contract with Post, Buckl y, Schuh and Jernigan, Inc. Mr. Bob Harris of the firm addresse the Board and recommended the addition of a paragraph con- cerning conflict of interest. Motion was made by Commissione Hernandez and seconded by Commissioner Sorensen instructing the County Attoreney to prepare said amendment to the contrac and bring it back to the Board for execution in two (2) weeks During discussion the motion was withdrawn. Motion was then made by Commissioner Harvey to provide Post, Buckley, Schuh and Jernigan, Inc., with the appropriate notice of terminatio and to go for bids under the Competitors Negotiation Act and to provide for elimination of any possible conflicts of interest in any future contract. During discussion a motion was made by Commissioner Hernandez and seconded by Chairman Dolezal to postpone this item until 3:30 P.M. today. Commissioner Sorensen offered an amendment to postpone the item for two (2) weeks. The amendment was accepted by the makers of the motion. Roll call vote was taken on the motion to postpone and carried with Commissioner Blair and Commissioner Harvey voting no. X 205 Motion was made by Commissioner Blair and seconded t J Chairman Dolezal to postpone consideration of an item from t~ ~ 77 Monroe County Public Library concerning Inv. No. 267-292, 19f) 12 Ford Bookmobile to be placed on bids as it was outdated and 70 too costly to repair. Motion carried unanimously. Commissioner Blair discussed the Planning, Building and Zoning Departments. Motion was made by Commissioner Blai ~ and seconded by Commissioner Hernandez to separate the planning functions from the Zoning Board and appoint a 5-Member Planning Advisory Board. Motion carried unanimously 128 Commissioner Harvey nominated Mr. William Westray; 18 Commissioner Blair nominated Ms. Megg Wise; Chairman Dolezal 87 nominated Mr. Robert Ernst; Commissioners Hernandez and 72 Sorensen indicated that they would make their appointments at a later date. Motion was made by Commissioner Blair and seconded by Chairman Dolezal instructing staff to develope a working plan and time frame for the development of a land use map and the necessary revisions to the Comprehensive Planning Ordinances and whatever necessary studies that have to be con ducted concurent with those activities. During discussion Commissioner Sorensen offered an amendment that the committee be charged with completing their work within twelve (12) months and that they report to the Board on a monthly basis i writing by the Chairman. The amendment was not accepted by the makers of the motion. Roll call vote was taken on the original motion and carried with Commissioner Sorensen voting no. At this time the Board recessed for lunch. Regular Meeting re-convened The regular meeting re-convened at 2:00 P.M. All th Commissioners were present except Commissioner Sorensen who entered and was seated during discussion of the first item. Also present were County staff present earlier in the day. AWARDING OF BIDS ,-e.... At this time Mr. Stickney reported back on the bids opened earlier for plumbing at the County Jail. He advised the Board that Mr. Santiago of Santiago Plumbing had withdraw his bid. He also reported that the bid of Ed1s Quality Plumbing in the amount of $21,850.00 was in order and he ~ecommended they be awarded the bid. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to accept the bid of Ed's Quality Plumbing in the amount of $21,850.00 per staff recommendation. Roll call vote was take and carried with Chairman Dolezal voting no. Motion was then made by Chairman Dolezal and seconded by Commissioner Blair instructing the Public Works Department to negotiate with Ed' Quality Plumbing to perform additional work in the Trustees Quarters at the County Jail. During discussion this motion was withdrawn. Motion was then made by Commissioner Sorensen and seconded by Commissioner Hernandez instructing the Public Works Director to seek proposals for the additional work. Motion carried unanimously. UNFINISHED BUSINESS Commissioner Hernandez discussed drainage problems a Big Coppitt Key. Mr. Bill O'Connell, resident of Big Coppitt Key, discussed this matter with the Board. Motion was made b Commissioner Hernandez and seconded by Commissioner Sorensen authorizing Post, Buckley, Schuh and Jernigan, Inc., to con- duct a study concerning the drainage problems in Big Coppitt Key. Motion carried unanimously. 12 71 102 33 006x LEGAL DEPARTMENT 86 128 The County Attorney discussed the Courts decision concerning the permit for Batching Plant at Big Pine Key for Charley Toppino and Sons, Inc. The following residents of Bi Pine Key spoke on this issue: Mr. Donald Burke, Ms. Ann Williams, Mr. Edgar L. Williams, Capt. Ed Davidson, Mr. Don Unger, and Ms. Ethel Davis. Motion was made by Commissioner Blair and seconded by Chairman Dolezal instructing the Legal Staff to file a motion before the Court to clarify the following: (1) Temporary nature of the permit (2) Can the plant be used for other bridge construc tion other than the bridges he has contract for (3) Clarify the Courts ability to cause removal of the plant. Roll call vote was taken and carried unanimously. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Next item was a request from the EMS Office con- cerning a Referendum for a new ambulance which will cost 46 approximately $50,000.00. Motion was made by Commissioner 54 Sorensen and seconded by Chairman Dolezal instructing the County Attorney to prepare a resolution and the Chairman to execute same requesting the Supervisor of Elections to conduc a Special Referendum Election on September 7, 1982, for Municipal Service Taxing District Nos. l-C, 2, 5 and 6. Motiol carried unanimously with Commissioner Blair absent for roll call. RESOLUTION NO. 199-1982 See Res. Book No. 28 which is-,ncorporated herein by 99 reference. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Hernandez discussed boat slips and interpretation of the ordinance concerning setbacks. Motion was made by Commissioner Hernandez and seconded by 127 Commissioner Sorensen instructing the County Attorney to pre- 84 pare a written opinion of Section 19-194 (11) of the Monroe County Code. Roll call vote was taken and carried unani- mously. LEGAL DEPARTMENT Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to deny the acceptance of Entrant Impact 34 Aid Contract for health services Fixed Price Contract with 109 HRS. Roll call vote was taken and failed with Commissioners Blair, Harvey and Hernandez voting no. Motion was then made by Commissioner Hernandez and seconded by Commissioner Harvey to adopt the following resolution authorizing the Chairman of the Monroe County Board of County Commissioners of Monroe County, Florida, to execute an Entrant Impact Aid Contract for health services Fixed-Price Contract by and between the State of Florida, Department of HRS and Monroe County Board of County Commissioners. Roll call vote was taken and carried with Commissioner Sorensen and Chairman Dolezal voting no. RESOLUTION NO. 200-1982 See Res. Book No. 28 which is-,ncorporated herein by 99 reference. X 2~ BOARD OF APPEALS The Board of County Commissioners sat as Board of Appeals to hear the following appeal: James & Margaret Cherepanik, requests the Board of County Commissioners to reverse the decision of the Monroe County Board of Adjustment in the consideration of a Dimensional Variance of 25 feet to build up to 25 feet of the front property lline and a variance of 12 feet, to build up t) 13 feet of the rear property line, on Lots 3,4,5,6,&7, Block 11 of Coppit Key Amended Plat, as recorded in Plat Book 4, Page 50, and located in Section 22, Township 67 South, Range 26 East and being more particularly described by metes and bounds, Big Coppitt Key, zoned BU-2. Proof of publication was entered into the records. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to continue the hearing for four (4) weeks as requested by Mr. Cherepanik. Motion carried unani- mously. Next the Board heard the following appeal: Joseph M. Garrido, requests the Board of County Commissioners to reverse the decision of the Monroe County Board of Adjustment in the consideration of a Dimensional Variance of 15 feet, to build up to 35 feet of the front pro perty line and a variance of 12i feet, to build up to 12i fee of the rear property line, on Lots 1 through 20, inclusive of Block 24 of Maloney Subdivision, as recorded in Plat Book 1, page 55 also described as all of Block 24 and being more par ticularly described by metes and bounds, as located in Sectic 1 26 and 35, Township 67 South, Range 25 East, Stock Island, zoned BU-2. Proof of publication was entered into the records. Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to continue the appeal for four (4) weeks a( requested by Mr. Garrido. Motion carried unanimously. There being no further business before the Board of ,Appeals the meeting was adjourned. The regular meeting re-convened. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator discussed the Airport Liab - lity Insurance Policy that is due to expire. Motion was madE by Commissioner Harvey and seconded Commissioner Sorensen to accept the proposal of Lloyds of London, ten million dollar coverage, per staff recommendation. Motion carried unanimously. ~~ Mr. Christopher Macey and Mr. Pravin Shah of the fil m of Post, Buckley, Schuh and Jernigan, Inc., presented the prl- liminary Feasibility Report concerning the Cadastre. Motion was made by Commissioner Sorensen and seconded by Commissionl Blair to acknowledge receipt of the report and directed the County Administrator to schedule a workshop in conjunction with this plan and referred to staff for their input. Motior carried unanimously. LEGAL DEPARTMENT The Board discussed a Contract with Municipal Code Corp. which was up for renewal. The Board raised several questions concerning the printing of the code. Motion was made by Commissioner Blair and seconded by Chairman Dolezal to refer this item to the County Attorney. Motion carried unanimously. 13 13 5 69 33 126 34 9 208X 17 99 34 102 99 37 71 34 59 16 99 95 Motion was made by Commissioner Sorensen and seconde by Commissioner Blair to adopt the following resolution trans ferring funds. Motion carried unanimously. RESOLUTION NO. 201-1982 See Res. Book No. 28 which is-rncorporated herein by reference. Motion was made by Commissioner Sorensen and seconde by Chairman Dolezal to adopt the following resolution approving Change Order No. 1 amending the Contract by and bet ween SES Electric Services, Inc., and Monroe County, Florida, by authorizing the Contractor to purchase sign rather than having the County provide same. Motion carried unanimously. RESOLUTION NO. 202-1982 See Res. Book No. 28 which is-rncorporated herein by reference. The County Attorney reported on the decision made in the Marks vs. Monroe County Case. Mr. Lynch, property owner in the subdivision, addressed the Board and requested that th County appeal Judge Lester's Order. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair instructing the County Attorney to appeal the Court's decisio in the Mark's Case. Motion carried unanimously. Mr. Proby was to discuss the litigation on the Monrol County Jail. This item was discussed earlier during the bid opening for plumbing at the Jail. Mr. Proby advised the Board that he had requested an Attorney General's Opinion on the Major Development Moratorium, Sales Tax Law, and the Translator District. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen instructing the County Attoney to prepare a resolution and the Chairman to execute same con- cerning the bridge rental for temporary bypass structure for Copa D'Oro and Yellowtail Baridges with the State of Florida, Department of Transportation, Upper Keys Marine Construction and Frank Keevan and Son, Inc. Motion carried unanimously. RESOLUTION NO. 203-1982 See Res. Book No. 28 which is-rncorporated herein by reference. REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Sorensen and secondec by Commissioner Blair to authorize installation of street lights per staff recommendation at the following locations: 1489 Old Boca Chica Road - Pole #B CR 42 1065 Old Boca Chica Road - Pole # Bell System K 125 Two homes on Old Boca Chica Road - Pole #B CR 90 Motion carried unanimously. The County Administrator discussed a letter from the Consulting Engineers, PBS&J, regarding Jail Improvement Study. Motion was made by Commissioner Hernandez authorizing the County Administrator to negotiate a proposal and bring it back 71 to the Board for approval. During discussion a motion was 33 made by Commissioner Sorensen and seconded by Commissioner Hernandez to postpone this item for two (2) weeks. Motion carried unanimously. I x ~ The County Administrator discussed the County Commission Meeting schedule for September 6, 1982 (Labor Day) Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen cancelling the meeting of September 6, 1982. Motion carried unanimously. At this point Commissioner Blair made a motion to adjourn the meeting and continue after the Special Meeting with the Sheriff scheduled for July 27, 1982. No second was received to his motion. Motion was made by Commissioner Sorensen and seconde by Commissioner Hernandez to adopt the following fee schedule for disposal of septic tank pumpings per staff recommendation Two Cents (2~) per gallon Motion carried unanimously. 31 31 123 Motion was made by Commissioner Sorensen and seconde by Commissioner Hernandez to postpone an item pertaining to 123 fees for solid waste dumping. Motion carried unanimously. Motion was made by Commissioner Blair and seconded b Commissioner Hernandez to approve Application of Payment No. 17 in the amount of $14,561.10 to Lighthouse Construction for 5 restoration of Airport Restuarant and Lounge. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS ..... Commissioner Sorensen briefly discussed Land Use Map Resolution. He advised the Board that he would postpone discussion on his plan until the first of the year and asked that the item be withdrawn. He asked that the Commission re- consider their nominations to the Planning Advisory Board. 72 87 14 Motion was made by Commissioner Hernandez and seconded by Chairman Dolezal to adopt the following resolutio 31 recognizing and commemorating Commissioner Wilhelmina Harvey' selection to the Florida Women's Hall of Fame also authorizin travel to and from Tallahassee for Commissioner Harvey. Motion carried unanimously. RESOLUTION NO. 204-1982 See Res. Book No. 28 which is-,ncorporated herein by 99 reference. Commissioner Blair discussed the advertisement of amendments to the Major Development Ordinance. Motion was 128 made by Commissioner Sorensen and seconded by Commissioner 84 Harvey to amend the action regarding the Planning Advisory Board to reflect that the Zoning Board will finalize the Time Sharing and Shroreline Protection amendments to the Zoning Ordinance which is presently before them. Motion carried unanimously. ~ Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to adopt a resolution offering the assistance of the Board of County Commissioners and Monroe County to the City Electric System and the Florida Keys Electric Cooperative Association, Inc., in reaching an accord and agreement for an electric tie-line to connect the two electric power service utilities. During discussion a motion was made by Commissioner Blair and seconded by Chairman Dolezal to postpone consideration of this item. Roll call vote was taken on the motion to postpone and failed with Commissioners Harvey, Hernandez, and Sorensen voting no. Roll call vote was then taken on the motion to adopt the following resolution offering the assistance of the Board and Monroe County to City Electric System and the Florida Keys Electric Cooperative Association, Inc., in reaching an accord I 25 21.0 X and agreement for an electric tie-line to connect the two electric power service utilities. Motion carried with Commissioner Blair and Chairman Dolezal voting no. RESOLUTION NO. 205-1982 See Res. Book No. 28 which is-rncorporated herein by 99 reference. Commissioner Harvey was to discuss Port Boganvilla. This item was referred to the County Attorney, County 83 Administrator, Director of Zoning, and the Chairman of the 88 Board of County Commissioners regarding the allegations which appeared in The Miami Herald article. Commissioner Harvey advised the Board that the State needed a commitment from the County for $100,000.00 for the purchase of the Matecumbe Beach property. Motion was made by 17 Commissioner Harvey and seconded by Commissioner Sorensen 46 authorizing the conduct of a Referendum for $100,000.00 for 114 the purchase of beach at Matecumbe and authorizing the County 85 Attorney to prepare an ordinance in reference to Special Tax Districts. Motion carried unanimously. Commissioner Harvey advised the Board that the Count had not done a survey on all County roads in approximately 14 years. Motion was made by Commissioner Harvey and seconded b 102 Chairman Dolezal instructing the Consulting Engineers to con- 33 duct such a survey. Motion carried unanimously. Commissioner Harvey was to discuss Riviera Canal. This item was withdrawn and will be. placed on the Special 27 Meeting agenda of July 27, 1982 between the County and the 21 City of Key West. There being no further business before the Board a motion was made by Commissioner Harvey to adjourn. * * * * * * * * * * * * * * * * * * *