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02/12/1980 Regular - u u 039 * * * * * * * * * * Regular Meeting Board of County Commissioners Tuesday, February 12, 1980 10:05 A.M., Upper Keys ~vernmental Center, Plantation K y A regular meeting of the Board of County Commissione s convened at 10:05 A.M. on the above date. Present and answer- ing to roll call were Commissioner George Doleza, Commissioner Jerry Hernandez, Jr., and Chairman Don Schloesser. Com- missioner Curt Blair and Commissioner Richard Kerr entered and were seated at approximately 10:20 A.M. Also present were Ralph W. White, Clerk; Michael Cates, County Attorney; Kermit Lewin, County Administrator; Members of the Press and Radio; and interested citizens. All stood for the Invocation and Pledge of Allegianc to the Flag. The Board elected to take certain items out of order on the agenda. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Hernandez and seconded by Commissioner Dolezal to approve the foll~w~ns...__~. APPROVED ON. . 3--1/~~---" &"': _ . / I . .'. _2-< .". . 6001< ___l..d.----- - . .' -' --- u 040 County inventory changes as per staff recommendation: Public Works Department: Inv. #2670A-44, Vacmobile, Marathon Courthouse, to be removed from inventory and discarded due to being beyond economical repair. This item has been replaced by a new unit. Public Works Department: Inv. #2320-280, 1973 Carrie Air Conditioner. Item was installed in Clerk's Secretary's Office. Item was removed from inventory and discarded, beyond economical repair and new unit purchased to replace it. Motion carried unanimously. Motion was made by Commissioner Dolezal and seconded by Commissioner Hernandez to authorize a refund to Cameron Construction in the amount of $66.00 as per staff recommenda- tion. Owner decided not to have Cameron Construction Co., build the new addition, Permit No. B4634. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Dolezal to adopt the following resolution incorporating a biological assessment into the records for Jacques Cloutier to place approximately 70 cubic yards of back fill below MHW as part of the construction of a 60 linear foot seawall on Block 20, Lot 53, Jolly Rogers Estates, Little Torch Key. Motion c1arried unanimously. RESOLUTION NO.39-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Chairman Schloesser to approve a variance to the Flood Hazard Ordinance as per staff recommendation to James Station on property located at Lot 9, Block 3, Sherill Park, Garden Street, Key Largo. Motion carried unanimously. Motion was made by Commissioner Dolezal and seconded by Commissioner Hernandez to approve a variance to the Flood Hazard Ordinance as per staff recommendation to Wayne Brenner on property located at Lot 20, Gulf Course Drive, Indies Island Subdivision, Duck Key, Florida. Motion carried unanimously. Motion was made by Chairman Schloesser and seconded by Commissioner Kerr to approve a variance to the AICUZ Zone as per staff recommendation to Mr. Thomas P. McCoy to construe a single family home on Lot 15, Block 7 of Porpoise Point u u 041. Section 5, as recorded in Plat Book 5, page 118, and located in Section 22, Township 67 South, Range 26 East, Big Coppitt Key, zoned RU-4, in AICUZ Zone 2. Motion carried unanimously. The matter regarding the application for excavation for the purpose of calcite quarry by Mr. Rudolph Krause was discussed. Motion was made by Chairman Schloesser and seconde by Commissioner Kerr to postpone this item until March 26, 1980 and the County Administrator was instructed to contact the U. S. Department of the Interior and obtain the scientific information regarding the Acquifer in that area. Motion carried unanimously. REQUEST TO ADDRESS THE BOARD Mr. Henry Nauberit, Translator Consultant, discussed with the Board the movement of the translator site at Key Larg ). After considerable discussion a motion was made by Commissione Kerr and seconded by Commissioner Blair formally rejecting the offer from Diversified Mortgage Investors, Inc., regarding the lease of the translator site. Motion carried unanimously. Motion was then made by Chairman Schloesser and seconded by Commissioner~Dolezal authorizing Mr. Nauberit to file the necessary applications to the FCC and the FAA and to obtain necessary survey and core boring for the re-Iocation fo the tower site from Lake Surprise Bend to County-owned property or Key Largo. Motion carried unanimously. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Ms. Charlotte St. John of the Dade-Monroe Mental Health District Board appeared before the Board and discussed the District Plan. Motion was made .by Commissioner Blair and seconded by Chairman Schloesser to approve the 1979-80 Distric~ Mental Health Plan. Motion carried unanimously. Motion was then made by Commissioner Blair and seconded by Commissioner Kerr to appoint Ms. Shirley Brown, R.N., of Tavernier, Floridc to the Dade-Monroe Mental Health District Board. Motion car- ried unanimously. The Annual Report of the Dade-Monroe Menta~ Health District was presented and accepted by the Board. REQUEST TO ADDRESS THE BOARD An item regarding the Incinerator Project and the u 042 funds that will be necessary to implement and finance the overall project was discussed. After discussion a motion was made by Chairman Schloesser and seconded by Commissioner Dolezal officially adopting a policy regarding that any ad- ditional funding to operate the Waste District is to come from additional Ad Valorem Millage Assessment in the coming fiscal year. It was noted for the record that this would require a millage increase. Roll call vote was taken with Commissioner Hernandez and Commissioner Kerr voting no. Moticp carried. Discussion regarding the contract for installation of the system with R. W. Taylor was suspended at this time. The Board discussed the Upper Keys Governmental Center Master Plan. After discussion a motion was made by Chairman Schloesser and seconded by Commissioner Kerr to officially adopt the master plan as presented subject to the approval of the Monroe County Veterans Council for those facilities shown as public use (Veterans Organizations). Motion carried unanimously. At this time the Board recessed for lunch. Regular Meeting Re-convened 2:00 P.M. The regular meeting of the Board of County Com- missioners re-convened with everyone present. REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Motion was made by Chairman Schloesser and seconded by Commissioner Kerr to approve the Minutes for the month of January, 1980. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Dolezal to approve the following Warrants for January 1980: WAR RAN T S General Revenue Fund, #3036-3592, in the amount of $1,290,668. 2. General Revenue Fund, Boulevard Bank, #5, in the amount of $25.00. General Revenue Fund FRS, #14-16, in the amount of $615,989.90 Supplement to the General Revenue Fund, #14-15, in the amount of $24,375.30. Fine & Forfeiture Fund, #28-31, in the amount of $13,698.64. u U 043 Road & Bridge Fund, #28-31, in the amount of $304,952.67. Airport Revenue Fund, #9-11, in the amount of $110,202.38. Airport Operation & Maintenance Fund, #15-17, in the amount of $24,376.80. Airport Development & Replacement Fund, #8-13, in the amount of $275,499.80. Law Library Fund, #10, in the amount of $17.50. Card Sound Bridge Revenue Fund, #17-l8, in the amount of $5,522.34. MSD Tax District, #36-38, in the amount of $614,222.00. Workmens's Compensation, #44-51, in the amount of $2,123.84. MSD Tax Districts: 100-B, #17, in the amount of $739.79. 72, #17, in the amount of $2,570.68. 73, #17, in the amount of $586.40. 74, #17, in the amount of $895.23. 75, #17, in the amount of $1,17l.72. 76, #17, in the amount of $4,433.12. 100-A, #17, in the amount of $854.86. 100-C, #17, in the amount of $1,098.7l. 100-H, #17, in the amount of $2,435.77. 500-L, #16-17, in the amount of $647.55. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded b\ -- Commissioner Dolezal to approve the following County inventor~ changes for the Office of the Tax Collector: Inv. #2212-390, 1976 Galaxy, 20" Portable Floor Fan, to be removed from inventory and discarded, electric motor burned out. Inv. #2212-392, 1976 Galaxy, 20" Portable Floor Fan to be removed from inventory and discarded, electri< motor burned out. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Chairman Schloesser to approve Application for Payment No. 1 to Frank Keevan & Son, Inc., in the amount of $17,863.00 for CR-941 Old Boca Chica Road Project. Motion carried unanimously. Motion was made by Commissioner Dolezal and seconde< by Commissioner Kerr to approve payment to E. J. Scheaffer an< Associates, in the amount of $9,869.45 out of Advertising Budget. Motion carried unanimously. OFFICIAL CORRESPONDENCE AND INFORMATION A letter from the Sheriff advising of appointment and acceptance of appointment of Roy A. Finocchio as Deputy Sheriff was brought to the Board's attention. u OM LEGAL DEPARTMENT Motion was made by Commissioner Dolezal and seconde by Commissioner Kerr to adopt the following resolution author izing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute Release and directing that the payment of $250.00 be paid directly to Donald R. Herbert. Motion carried unanimously. RESOLUTION NO. 40-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Kerr and seconded by Chairman Schloesser to adopt the following resolution accepting certain roads in Sexton Cove Estates as recorded in Plat Book 6, page 30, of the Public Records of Monroe County, Florida. Motion carried unanimously. RESOLUTION NO. 41-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Kerr and seconded by Commissioner Dolezal to adopt the following resolution declaring intent to elect Criminal Justice Entitlement Status. Motion carried unanimously. RESOLUTION NO. 42-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Chairman Schloesser and seconded by Commissioner Dolezal to adopt the following resolution correcting previous resolution concerning receipt of unantic- ipated funds. Motion carried unanimosuly. RESOLUTION NO. 43-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Kerr and seconded by Chairman Schloesser to adopt the following resolution correcting previous resolution concerning transfer of funds. Motion carried unanimously. RESOLUTION No. 44-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Dolezal and seconded by Commissioner Kerr to accept partial release of lease between the County of Monroe, State of Florida, and the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry. Motion carried unanimously. u U 045 REQUEST TO ADDRESS THE BOARD At this point the Board continued discussion regarding the contract with R. W. Taylor and Co., for the Incinerator Project. A motion was made by Commissioner Hernandez and seconded by Commissioner Kerr authorizing the -- County Attorney to prepare a contract which would call for the installation of 9 incinerator units at an approximate cost of $5.6 million dollars. During discussion a motion was made by Commissioner Dolezal and seconded by Chairman Schloesser to amend the motion to read 7 units at a cost of 4.9 million dollars. During discussion on the amendment Commissioner Hernandez offered a second amendment which was seconded by Commissioner Blair calling for 8 units at an approximate cost of 5.2 million dollars. Roll call vote was taken on the second amendment and carried with Commissioner Dolezal and Chairman Schloesser voting no. The Chair at this point ruled that the main motion had in affect carried as -- amended. Hearing no objections it was so recorded. The Attorney is to present the contract back to the Board for execution at the February 26, 1980 meeting. REQUEST TO ADDRESS THE BOARD Mr. Paros, EMS Coordinator, discussed with the Board the problems regarding personnel to operate the County emergency vehicles. Motion was made by Chairman Schloesser and seconded by Commissioner Hernandez authorizing the re- instatement of certain personnel previously removed from the operation of County vehicles and allowing Mr. Paros to issue letters to the individuals indicating their re-instatement fo emergency situations. Motion carried unanimously. -- LEGAL DEPARTMENT Motion was made by Commissioner Dolezal and seconde by Commissioner Blair authorizing the Attorney to prepare a resolution and the Chairman to execute same requesting an increased share of 5th, and 6th cent gas tax to continue maintenance of roadways. Motion carried with Commissioner Hernandez voting no. RESOLUTION No. 45-1980 See Res. Book #17 which is incorpo~ated herein by refere~ce. u O~ REQUEST TO ADDRESS THE BOARD Mr. Aguero discussed with the Board a request which had been forwarded to the Commission regarding the County's responsibility in roads under the 5th, 6th, and 7th cent Road Program. No action was taken by the Board at this time. Mr. Aguero then discussed with the Board the bid received from The Brewer Company for the re-construction of certain roads in the Breezeswept Beach Estates. Motion was made by Commissioner Hernandez to reject the bid and re-advertise. He received no second to his motion. Motion died. Chairman Schloesser then made a motion which was seconded by Commissioner Dolezal to adopt the following resolution authorizing the Chairman to execute the contract with The Brewer Company in the amount of $350,750.00 as per staff recommendation. Motion carried with Commissioner Hernandez voting no. RESOLUTION NO. 45A-1980 Res. Book #17 The Board then recessed in order to hold a Board of Appeals Hearing scheduled for 4:00 P.M. Board of Appeals Hearing 4:00 P.M. The Board of County Commissioners sat as the Board of Appeals for zoning matters. The meeting convened for the purpose of hearing the appeal filed by property owners in the Key Largo area against the Major Development Project of John R. Edwards, Sr., Trustee for the construction and re-zoning of a motel on Key Largo. Present and answering to roll call were Commissione s Blair, Dolezal, Hernandez, Kerr and Chairman Schloesser. Als present were Ralph W. White, Clerk; Michael Cates, County Attorney; Kermit Lewin, County Administrator; Members of the Press and Radio; and general public. Proof of publication was entered into the records. It was noted for the record that there were actually two appeal petitions filed and that both petitions were appealing the decision of the Zoning Board on February 22, 1979, March 28, 1979, and October 26, 1979. The appellants were represented by Leonard H. Wolf, P.A., who made a presentation and introduced a number of people who made presentations u u 047 opposing the change in zoning and the Major Development project. Mr. John R. Edwards, Sr., represented himself along with Mr. Hendricks, P.A., and a number of other individuals who testified regarding approval of the project. It was noted that during the course of the hearing the Board went .....- into recess at 5:00 P.M., 5:30 P.M., and 6:00 P.M. After a five hour discussion and presentation by both sides at which time the public was allowed to partici- pate, debate was closed. A motion was made by Chairman Schloesser and seconded by Commissioner Blair to grant the appeal which had been filed by the petitions and reverse the Monroe County Zoning Board on the basis that insufficient documentation was available for the evaluation of the project and that the developer had failed to comply with the requirement of the Major Development Ordinance and that also the proposed use was not in compliance with the principals of the Land Use Plan. Roll call vote was taken with the .........- following results: Commissioner Blair Commissioner Dolezal Commissioner Hernandez Commissioner Kerr Chairman Schloesser Yes No No No Yes Motion failed. Motion was then made by Commissioner Kerr and seconded by Commissioner Dolezal to deny the appeal and to uphold the action of the Monroe County zoning Board and authorizing the preparation of a resolution and the Chairman to execute same. Roll call vote was taken with Commissioner Blair and Chairman Schloesser voting no. Motion carried. RESOLUTION NO. 46-1980 See Res. Book #17 which is incorporated herein by reference. The public hearing on the appeal was adjourned. - The Board then returned to the original agenda. Regular Meeting Re-convened The regular meeting re-c~nvened with everyone present. LEGAL DEPARTMENT Motion was made by Commissioner Hernandez and seconded by Commissioner Kerr to adopt the following resolution concerning receipt of unanticipated funds. Motio u 048 carried unanimously. RESOLUTION NO. 47-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to adopt the following resolution transferring funds. Motion carried unanimously. RESOLUTION NO. 48-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to approve partial payment of $16,383.23 for Recreation Planning Assoc., Ltd., for reim- bursable expenses related to Truman Annex Planning Project. Motion carried unanimously. RESOLUTION NO. 49-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Commissioner Kerr to adopt the following reso~ lution authorizing Robert Quackenbos as President of Mobile Homes Shores, Inc., to construct the roads within Caribbean Park Subdivision Plat Book 6, page 95. Motion carried unanimously. RESOLUTION NO. 50-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to adopt the following resolution authorizing James M. Brown to construct Mariposa and Angel- fish Roads, Ramrod Shores Marina Section, P.B. 6, page 22. Motion carried unanimously. RESOLUTION NO. 51-1980 See Res. Book #17 which is incorporated herein by reference. Motion was made by Commissioner Dolezal and seconded by Commissioner Kerr to adopt the following resol- ution authorizing County staff to file petition for a hearinc pursuant to the provisions of F.S. Section 120.57 relative to Boot Key Harbor Project. Motion carried unanimously. RESOLUTION No. 52-1980 See Res. Book #17 which is incorporated herein by reference. REQUEST TO ADDRESS THE BOARD Motion was made by Commissioner Kerr and seconded by Commissioner Dolezal to authorize the County Administrato u u 049 - to increase the starting salary for the pOSltlon of Resldent Engineer to $25,000.00 per annum and authorized the employ- ment of the engineer as per staff recommendation. Motion carried unanimously. The County Attorney reported on the bids received for the Crawler Tractor for the Municipal Service District. He reported that staff recommended awarding the bid to the lowest bidder, De Wind Machinery Co., in the amount of $72,084.00. Motion was made by Commissioner Kerr and secon- ded by Commissioner Blair to accept the recommendation of staff and award to De Wind Machinery Co., in the amount of $72,084.00. Motion carried unanimously. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Corrunissioner Kerr discussed the position of Fuel Allocation Officer . :Motion was made by Commissioner Kerr and seconded by Chairman Schloesser tbaccept the res'igna~ tion of Mr. Edward Stickney as the County's Fuel' Allocation Officer effective immediately. Motion carried unanimously. Motion was then made by Commissioner Kerr and seconded by Chairman Schloesser designating Mr. Marcell Hicks as the Fuel Allocation Officer effective immediately. Motion car- ried unanimously. Motion was then made by Corrunissioner Hernandez and seconded by Corrunissioner Kerr directing Mr. Hicks to contact representatives of the Upper Keys gasoline retailers and other retailers throughout the County for the purpose of completing application to be submitted to Tal- lahassee for additional fuel allocations in the County. Motion carried unanimously. Commissioner Hernandez discussed with the Board an article which had appeared in the newspaper regarding school bus crossings. He asked that the matter be referred to the County Administrator for a complete investigation and report. OFFICIAL CORRESPONDENCE AND INFORMATION Motion was made by Chairman Schloesser and seconde by Commissioner Kerr to reappoint the following persons to the Monroe County Zoning Board effective immediately: u 050 Dr. William L. Keefer, Jr., Ken Sorenson, David L. Richards, Jr., Jim Lewis, and Nat Funke. Motion carried unanimously. The appointments to the Board of Adjustment were carried over at the request of Commissioner Dolezal for two weeks. Motion was made by Commissioner Kerr and seconded by Chairman Schloesser authorizing the County Administrator to increase the petty cash fund at the County Home from $180.00 to $250.00 as per staff recommendation. Motion carried unanimously. There being no other business Chairman Schloesser adjourned the meeting. - Public Hearings The Board of County Commissioners re-convened for the purpose of conducting a public hearing on an ordinance amending Monroe County Comprehensive Zoning Ordinance. Proof of publication was entered into the records. Motion was made by Commissioner Dolezal and seconded by Commissioner Kerr to reject the ordinance which would have made certain zoning amendments and amended Ordinance No. 1-1973. Said ordinance is to be rejected without public hearing and is to be completely rewritten and presented back to the Board in draft form prior to advertising for public hearing. Motion carried unanimously. The Board of County Commissioners re-convened for the purpose of conducting public hearings on ordinances adopting the 3rd, 4th and 5th Elements of the Comprehensive Land Use Plan. Proof of publications had previously been entered into the records. The ordinance adopting the 4th and 5th Element known as the "Coastal Zone and Conservation Element" was presented. Motion was made by Chairman Schloesser and seconded by Commissioner Kerr to read the ordinance by title only if there was no objection from the public. Motion carried unanimously. No one in the audience spoke for or against the proposed ordinance and only one member of the public presented a written letter indicating certain objections to the plan. Motion was made by Chairman u u 051 Schloesser and seconded by Commissioner Kerr to adopt the ordinance. Motion carried unanimously. ORDINANCE No. 2-1980 See Ord. Book #4 which is incorporated herein by reference. The ordinance regarding the 3rd Element of the Comprehensiv Land Use Plan known as "Traffic Circulation Element" was presented. Motion was made by Chairman Schloesser and seconded by Commissioner Dolezal to read the proposed ordinance by title only if there was no objection. Motion carried unanimously. No one from the public spoke for or against the proposed plan. Motion was made by Chairman Schloesser and seconded by Commissioner Kerr to adopt the ordinance. Motion carried unanimously. ORDINANCE NO. 3-1980 See Ord. Book #4 which is incorporated herein by reference. There being no other business before the Board the public hearings were adjourned. .--