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02/10/1981 Regular ~ I I I i v ~~ ~ I I I ~ , - * * * * Regular Meeting Board of County Commissioners Tuesday, February 10, 1981 10:00 A.M., Key Largo Library Key Largo, 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 Wilhelmina Harvey, Commissioner Ken Sorensen and Chairman George Dolezal. Commissioner Jerry Hernandez, Jr. was absent. Also present were Ralph W. White, Clerk; Michael Cates, County Attorney; Kermit Lewin, County Administrator; members of the Press and Radio and general public. All stood for the Invocation and Pledge of Allegiance to the Flag. The Clerk advised the Board that there was a public hearing on an ordinance and two advertised bid openings that were scheduled for February 10, 1981 at a different location. The attorney advised the Board that the public hearing and the opening of bids had been re-advertisE Ordinance; Bids & Prop V 169 for February 24, 1981, in Marathon and that the Board could retain the bids which had been received. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey authorizing the postponement of the opening of the bids and allow the Clerk to accept bids until 4:00 P. . on February 23, 1981. Motion carried unanimously. UNFINISHED BUSINESS First item of business was a report regarding the installation Fire Control of a storage tank at the Big Pine Key Fire Department. After staff Districts reported a motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve the location of the facility per staff recommendation. Motion carried unanimously. REQUES T TO ADDRESS THE BOARD Motion was made by Commissioner Sorensen and seconded by Chairman Library; Bldg. & Grounds Dolezal to strike from the agenda a request for financial assistance and plans for an addition to the Islamorada Branch Library Building in 1982 since there was no one present to discuss the item. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to strike from the agenda a request from Wolfgang A. Schlew to State Agency discuss facts on a present effort by the U.S. Fish and Wildlife Service to purchase all of the lands on No Name Key since Mr. Schlew was not pre- sent. Motion carried unanimously. Dr. Jonathan Berall appeared before the Board regarding the Public Healt jposition of County Health Director, after interview a motion was made by Appointment Commissioner Sorensen and seconded by Commissioner Harvey to approve Dr. Berall and recommend his employment to the State Department of HRS. Motion carried unanimously. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator reported that the contra tor UpperJ';eY;l_,_Ma ne Recreation; Construction, Inc., on the Harry Harris Park project had agreed to provide Contracts & Agreements a performance bond. After a series of motions which were proposed by the Bids & Prop. Commissioners and subsequently withdrawn, a motion was made by Commissioner Sorensen and seconded by Commissioner Blair to rescind the Boards previous action concerning this project. Motion carried unanimously. Motion was then made by Commissioner Sorensen and seconded by Commissioner Harvey to accept the bid and award a contract in the amount of $37,496.00 to the V 170 Upper Keys Marine Construction, Inc. for the work at Harry Harris Park contingent upon a performance bond. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to approve the following items: ( 1) Appointment of Mel Levitt to Older Americans Advisory Board ( 2) Approve AICUZ variance for Joe and Katalinie and Frank J. Suler to place a mobile home on Lot 19 of Porpoise Point Section 2, as recorded in Plat Book 5, Page 111 and located in Section 22, Township 67 South, Range 26 East, Big Coppitt Key, Zoned RU-5, AICUZ Zone 2. (3) Approve variance for Robert and Monique Pazo to build a single family residence on Lot 23, Block 8 of Porpoise Point Section 5, as recorded in Plat Book 5, Page 119 and located in Section 22, Township 67 South, Range 26 East, Big Coppitt Key, Zoned RU-4 in AICUZ Zone 2. (4) Approval of a refund in the amount of $90.00 to Lloyd A. Good, Jr., due to his withdrawal of a requested dimensional variance. Boards,Misc. ~ppointments Zoning Zoning Budget (5) Approve submission of revised application ~pplication; under Boating Improvement Fund for Boca Chica and Tavernier 3udget Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to approve submission of the Crime Prevention Grant for LEAA Funds for the Monroe County Sheriff. Motion carried with Commissioner Blair voting no. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to authorize the Municipal Service District to seek proposals for the following capital equipment: Three (3) 3/4 ton trucks; one (1) front end loader; one (1) tractor, dozer; one (1) tractor, mower; one (1) low boy; one (1) mower tractor (used). Motion carried unanimously There was discussion regarding the payment to Kessler Associates for the Translator Project. Motion was made by Commissioner Blair and seconded by Commissioner Sorensen to refer this item to the County Attorney's Office for a written opinion regarding the County's obligation under the terms of the contract dated in 1976. Motion carried unanimously Motion was made by Commissioner Blair and seconded by Commission r Harvey to approve the contribution of $500.00 to the Key West Jaycees for Senior Citizens Apprication Picnic to be held March 7, 1981 with the funds to come out of the Lower Keys Recreation Fund. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by f"unds ,Federa: ~rants; pheri ff Districts; Bids & Prop. Mach. & Equi] Television; Contracts & i\greements Recreation; Retired Persons V 171 Blair to approve the Title III C-l (Nutrition) Non-Recurring Funds Grant Funds (Federal Grants) for funding period of 2/1/81 thru 3/31/81 Funds Grant. Motion carried .." unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Blair to approve the Title IIIB Transportation Program Transporta tio Funds (Federal Grant for period of April 1, 1981 thru December 31, 1981. Motion carried Grants) unanimously. Motion was made by Commissioner Sorensen and seconded by Bids & Prop.; Commissioner Blair to authorize the Social Services Department to proceed Transporation with competitive bidding for a 12 or 15 passenger van for the Monroe County Transportation Program. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Funds (Federa1 Commissioner Blair to approve the Title IIIB Homemakers Program Grant for Grants) periof of April 1, 1981 thru December 31, 1981. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by HUD; Application Chairman Dolezal to adopt the following resolution authorizing Chairman to execute the HUD 701 Application for Comprehensive Planning Assistance Program for Fiscal Year beginning July 1, 1981. Motion carried unanimously. RESOLUTION NO. 31-1981 See Res. Book No. 21 which is incorporated herein by reference. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Commissioner Harvey discussed the possiblity of placing the Television; Tax Assess. Translator question on referendum. Also during the course of her discussion, she discussed the resolution which had been forwarded to the County regarding the Tourist Development Tax question. Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to postpone any Development Tax action regarding the Tourist/mtil February 24, 1981 and to refer this item to the County Attorney's Office for a written opinion regarding the impact of the existing law on the other areas of the County. Motion carried unanimously. Motion was then made by Commissioner Harvey and seconded by Commissioner Sorensen to place the Translator question on a referendum. After considerable discussion, a motion was made by . Commissioner Blair and seconded by Commissioner Harvey to postpone this item for 30 days in order to complete negotiations with Tele Media Co., V 1?2 Inc. Motion carried with Commissioner Sorensen voting no. Commissioner Blair discussed with the Board the possibility of obtaining some office trailers on the u.S. Naval Station which are owned by Immigration and Naturalization Service. Motion was made by Commissioner Blair and seconded by Commissioner Sorensen instructing the County Administrator to forward a letter to Immigration and Naturalization Service asking for their consideration regarding the transfer of these trailers to the County. Motion carried unanimously. If the County is successful, the trailers will be re-located to Big Pine Key for use as a temporary facility for Senior Citizens. Commissioner Blair then discussed Old State Road 4-A in Islamorada. Motion was made by Commissioner Blair and seconded by Commissioner Sorensen instructing the County Administrator to forward a letter to the Legislative Delegation outlining the Board's position regarding this particular matter and requesting special legislation as needed to resolve this matter. Motion carried unanimously. Commissioner Blair also discussed the meeting with the Jail Reform Commission and indicated that they were awaiting reports from the U.S. Jail Reform and Inspection Service and the Florida Division of Corrections. He slo indicated that there had been a request by the Commissioner to include two additional members one of those being a City Commissioner who would be designated by the City of Key West, the other would be the Clerk of Courts. Motion was made by Commissioner Harvey and se~onded by Commissioner Sorensen ratifying the selection of the o two new members. Motion carried unanimously. Commissioner Harvey discussed the possibility of the Commissione s voluntarily appearing before the Grand Jury to explain their position regarding the jail conditions. After a brief discussion, the Commission unanimously concurred that it would be premature at this time and would wait until after they had received the information from the Jail Reform Commission which would also be forwarded to the Grand Jury for review. LEGAL DEPARTMENT Motion was made by Commissioner Blair and seconded by Chairman State Agency Surplus Prop Roads, Misc. Legislation Committees; Jails; State Agencj Juries,etc.; Jails; Commission Dolezal to adopt the following resolution authorizing the Chairman to Contracts & Agreements; Retired Pers by and between the County of Monroe, State of Florid execute an agreement V 173 Leases,Cty. Property; Airport; Lights,etc. Contracts & Agreements; Commission Zoning Zoning; Contracts & Agreements Leases,Cty. Property; Contracts & Agreements Contracts & Agreements Change Order Contracts & Agreements and the Monroe County Association for Retarded Citizens. Motion carried unanimously. RESOLUTION NO. 32-1981 See Res. Book No. 21 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to adopt the following resolutions: Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Fla., to execute a Sign Lease by and between the County of Monroe, State of Florida, and Richard Morrell d/b/a R.M. Ramada Inn, Key West for leasing of sign space at Key West International Airport. RESOLUTION NO. 33-1981 See Res. Book No. 21 which is incorporated herein by reference. Resolution authorizing 'ihe Chairman of the Board of County Co~issioners of Monro~ County, Fla., to execute a contract by and between the Board of County Commissioners of Monroe County, Fla. and the Department of Health & Rehabilitative Services. RESOLUTION NO. 34-1981 See Res. Book No. 21 which is incorporated herein by reference. Resolution approving Plat for record. (Venetian Shores Plat No.6 - Plantation Key, Fla.) RESOLUTION NO. 35-1981 See Res. Book No. 21 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Fla., to execute a Quit Claim Deed by and between the County of Monroe, Fla. and the U. S. of America in order to revert land in Lot 38, Sec. 14, T. 67S., R. 27E, Tallahassee Meridian, Fla., back to the U. S. of America. RESOLUTION NO. 36-1981 See Res. Book No. 21 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Fla. to execute an Agreement by and between the Board of County Commissioners of Monroe County, Fla., and Sands of the Keys, Inc., for the leasing of One Savin 775 Copier #2600306153. RESOLUTION NO. 37-1981 See Res. Book No. 21 which is incorproated herein by reference. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to postpone for two weeks a resolution pertaining to a change order to contract with R.W. Taylor Steel Co. pending a written report from staff. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to adopt the following resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Fla. to execute Change Order No.1 to contract by and between Monroe County, Fla. and Frank Keevan & Son, Inc. for paving and drainage improvements - V1?4 Stirrup Key Road, Marathon, Fla. RESOLUTION NO. 38-1981 See Res. Book No. 21 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to adopt the following resolutions: - Resolution concerning receipt of unanticipated funds from other governmental agencies. RESOLUTION NO. 39-1981 See Res. Book No. 21 which is incorporated herein by reference. Resolution transferring funds. RESOLUTION NO. 40-1981 See Res. Book No. 21 which is incorporated herein by reference. Resolution authorizing call for public hearing on Petition of Tavernier Creek Marina, Inc., for road abandonment on Plantation Key, Monroe County, Florida. RESOLUTION NO. 41-1981 See Res. Book No. 21 which is incorporated herein by reference. Resolution accepting the deed from Pinewood Cemetery on property on Big Pine Key adjacent to the cemetery. RESOLUTION NO. 42-1981 See Res. Book No. 21 which is incorporated herein by reference. Motion carried unanimously. IlliPORTS & RECOMMENDATIONS FROM THE CLERK TO THE BOARD Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to approve the following items: Minutes for the month of January, 1981. Payment to Mullin, Connor & Rhyne, P.C., in the amount of $679.94 on Translator Suit. WAR RAN T S General Revenue Fund, #4366-4594 in the amount of $494,457.87. General Revenue Fund FRS, #11, in the amount of $3,437.17. Supplement to the General Revenue Fund, #12 in the amount of $5,844.48. Fine & Forfeiture Fund, #19-21 in the amount of $6,340.88. Road & Bridge Fund, #21-22 in the amount of $25,059.61. --- Airport Revenue Fund, #11-13 in the amount of $3,334.09. Airport Operation & Maintenance Fund, #12 in tl1e amount of $1,797.93. Airport Development & Replacement Fund, #2, in the amount of $2,650.00. Law Library Fund, #10 in the amount of $1,761.86. Card Sound Bridge Revenue Fund, #17 in the amount of $187.92 Budgets ~udgets; bunds,Trans- !Fer Road Discon- ...inuances; 1\dvertising remeteries; Deeds, Cty. Property Commission Television; Budget Budgets r I I I I ! v 175 MSD Tax District, #33-34 in the amount of $653,689.96. torkmens Compensation, #31-43 in the amount of $8,949.99. MSD Tax District #100-B, #11 in the amount of $1,791.30. Budgets MSD Tax District #72, #11 in the amount of $1,156.80. MSD Tax District #73, #11 in the amount of $272.57. MSD Tax District #74, #11 in the amount of $1,164.67. MSD Tax District #75, #11 in the amount of $599.40. MSD Tax District #76, #11 in the amount of $5,906.80. MSD Tax District #100-A, #11 in the amount of $1,827.05. MSD Tax District #100-C, #11 in the amount of $448.46. MSD Tax District #100-H, #11 in the amount of $59.12. MSD Tax District #500-L, #11 in the amount of $994.47. Motion carried unanimously. There being no further business the meeting was adjourned. ~--