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05/06/1980 Regular u ll8 - * * * * * * * * * * * * Regular Meeting Board of County Commissioners Tuesday, May 6, 1980 Upper Keys Governmental Center Plantation Key, Florida A regular meeting of the Board of County Commissioner 3 was held on the above date. Present and answering to roll call were Commissioner Curt Blair, Commissioner George Dolezal, Commissioner Richard Kerr, and Chairman Don Schloesser. Corn- missioner Jerry Hernandez, Jr., was absent from the meeting attending to other County business. Also present were Danny L. Kolhage, Deputy 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. PUBLIC HEARINGS Ordinance First item was a public hearing on an ordinance providing that the Code of Ordinances, County of Monroe, concerning noise control be amended by adding a section to be u u us - - Licenses & Permits; Co. Tax ColI Assessor. - numbered 13-43 (a) (3). This was the second advertised hear- ing. Proof of publication had been previously entered ~ -'.. into the records. Motion was made by Commissioner Dolezal and seconded by Commissioner Blair to read the proposed ordinance by title only. Commissioner Dolezal discussed and presented the Board with his recommendations for amendments to the pro- posed ordinance. The following individuals spoke either for or against the proposed ordinance: Daniel Barrett, Ernie Bean Charles Layton, Vincent Laceel, Rose Volpe, Diane Harris, Mary London, Kathleen McConlee, Rhonda Arnold, Ed Cole, Dr. Marie Landry, Bill Harris, Carl Thrift, Charles Valois, Jeff Marce, and Carla Barrett. Motion was made by Commissioner Dolezal and seconded by Chairman Schloesser to adopt the ordinance amending Section 2 of Section 13-43 (a) (3). During discussio the motion was withdrawn. Motion was then made by Commissione Dolezal and seconded by Chairman Schloesser to amend the pro- posed ordinance to read as follows: " (b) LOUDSPEAKERS - SOUND AMPLIFIERS---Using or operating for any purpose any loudspeaker, loudspeaker system, sound amplifier, or similar devise between the hours of 10:00 P.M. (11:00 P.M. on Friday and Saturday evenings) and 7:00 A.M. the following day in the unincorporated area of Monroe County, Florida, such that the noise therefrom is not confined entirely to the interior of a building is prohibited. The occasional escapement of noise resulting from the opening and closing of entrance way doors b persons entering or leaving said building are excepted from this se~tion and the brief period of noise therfrom shall not constitute a violation of this section. The Monroe County Tax Collector shall be notified of all convictions under this & section and a second conviction shall result in the revocation of the occupational license held by the offender and said license shall not be renewed for a period of one (1) year from date of conviction." Motion carried unanimously. Motion was then made by Commissioner Dolezal and seconded by Chairman Schloesser to adopt the ordinance as amended. Motion carried unanimously. ORDINANCE NO. 7-1980 See Ord. Book No. 4 which is incorporated herein by reference. u 120 Bids & Proposals; Machinery & Equipment. Library; Co. Empl. License & Permits. Contracts & Agreements; Machinery & Equipment. School. County Engineer. OPENING OF BIDS The next item was the opening of sealed bids for one (1) Portable Air Compressor. Proof of publication was entered into the records. The Clerk informed the Board that there was only one bid on the table. After discussion a motion was made by Commissioner Kerr and seconded by Commissioner Dolezal to return the bid unopened and to readvertise in all newspapers throughout Monroe County. Motion carried unanimously. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Dolezal and seconded by Commissioner Blair to accept the resignation of Ms. Naomi Piccolo, Head Librarian Monroe County Library and authorizing her pay through May 6, 1980. Motion carried unanimously. An item pertaining to a DER variance for DOT for a borrow pit on Cudjoe Key was withdrawn. UNF1NISHED BUSINESS - The County Administrator read a letter from the Audubon Society rejecting the offer to use the radio tower as a nesting site.. Motion was made by Commissioner Dolezal and seconded by Commissioner Kerr to enter into an agreement with Radio Research for removal of radar equipment at Long Key. During discussion a motion was made by Chairman Schloesser and seconded by Commissioner Kerr to postpone action on this item for two weeks and directed Mr. ACJuero to contact the District School Board to see if they could use any of the excess equip- mente During discussion the motion to postpone was withdrawn. Roll call vote was taken on the original motion and carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Blair to approve the selection of the followinc five (5) Engineering Firms to be interviewed by the Board of County Commissioners pursuant to the Competitive Negotiation Act: Envirodyne Engineers 222 West Adams Street Chicago, Illinois 60606 Ludovici & Orange 329 Palermo Avenue Coral Gables, Florida 33134 u fJ 1~ ..... County Attorney. ..... Appointment Retired Persons. ..... Bids & Proposals; Machinery & Equipment Post, Buckley, Schuh & Jernigan, Inc. 82883 Overseas Highway, P. O. Box 349 Islamorada, Florida 33036 Tomasino and Associates, Inc. CE Maguire, Inc. 234 Bullard Parkway, P. O. Box 16488 Temple Terrace, Florida 33687 vincent prothroe 123 N.W. 23rd Street Gainesville, Florida 32607 Motion carried unanimously. The Chairman then called the meeting for Marathon on May 20, 1980 at 10:00 A.M. for the purpose of interviewing the Engineering Firms and directed Mr. Aguero to inform the firms that they would each be given five minutes for presentation. The Board then discussed pro- posed amendments to the resolution setting forth the procedure for rating firms selected under the Competitive Negotiation Act (Resolution No. 220-1976). The County Attorney was directed to prepare a resolution for adoption at the Marathon meeting on May 20, 1980 which would clarif~ the rating procedure. Dr. Michael Borras discussed the role of the Older Americans Advisory Council and what it's Board of Directors consider to be the Board's function. Board member Mel Levitt recommended to the Board of County Commissioners that the Council be abolished as their functions were now being handled by the various advisory board prescribed by Federal regulation which govern the specific Senior Citizens Programs. Mr. LaTorre, Social Services Director, also indicated that the Older Americans Advisory Council was no longer necessary. Commissioner Blair discussed the Council's activities and indicated that he would like for the Council to consider the possibility of an expanded role in the administration of the programs and indicated that he would meet with the Council to discuss this proposal on Monday, May 19, 1980. Motion was made by Commissioner Dolezal and seconded by Commissioner Kerr to postpone action on this item until the May 20, 1980 meeting at a time certain. Motion carried unanimously. OPENING OF BIDS Motion was made by Commissioner Dolezal and seconded by Commissioner Blair to re-consider the action of a previous u ~ County Empl p Zoning. Retired Persons; Bldgs. & Grounds; Funds (Fed. Grants); Budget. Airport; Licenses & Permits; Budget" item concerning sealed bids for one (1) Portable Air Compressc . Motion carried unanimously. The Board was informed by Mr. Aguero that he had notified all potential bidders in this area by mailing a copy of the notice of calling for bids. Motion was made by Commissioner Dolezal and seconded by Com- missioner Blair to open the bid. Motion carried unanimously. The following bid was opened: Blanchard Machinery, Inc. 2025 N.E. l43rd Street North Miami, Florida 33161-------------$6,978.00 Motion was made by Commissioner Dolezal and seconded by Com- missioner Blair to refer the bid to Mr. Aguero and if same meets the specifications to authorize Mr. Aguero to proceed with the purchase of the equipment. Motion carried unanimousl . UNFINISHED BUSINESS The Board discussed the applicants for the position of Director of Planning, Zoning and Building. Motion was made by Commissioner Kerr and seconded by Commissioner Blair to interview the perspective applicants at the Marathon meeting on May 20, 1980 and that the Board would make a selection following the interviews which would begin at 2:00 P.M. Moticn carried unanimously. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR The County Administrator discussed the possible cost overrun at the Senior Citizens Center to be constructed with grant funds at Plantation Key. Mr. Mel Levitt indicated that this overrun would not exceed $1500.00. Motion was made by Chairman Schloesser and seconded by Commissioner Kerr to commit $1500.00 to be used for the possible cost overrun on tt Upper Keys Senior Citizens building. Said funds are to come from the $6,000.00 appropriation for the Upper Keys Senior Citizens Budget. Motion carried unanimously. Mr. Lewin briefly discussed the trailer at the Marathon Airport. The Board asked that action on this item be delayed until Mr. Hoagland received the necessary permit. Mr. Lewin also discussed a request from Ms. Ida Barron, Old Island Roots Festival, for an additional $1,OOO.OC appropriation. Motion was made by Commissioner Kerr and u u 123 seconded by Commissioner Blair to postpone this item. Motion carried unanimously. The County Administrator also discussed a proposal obtained by Mr. Harry Knight, Tax Collector, for electrical work at the Marathon Subcourthouse in the amount of $1,150.00 from Anthony's::El'ectric of. ~1aratho!l.,Motionwa~:1 ma4e by - Commissioner Kerr and seconded by Commissioner Blair to hold off for two weeks on this item. Motion carried unanimously. LEGAL DEPARTMENT The County Attorney discussed a proposed Inter- local Agreement with the City of Key Colony Beach concerning waste control. Mr. Cates asked that this item be held over until May 20, 1980 at 3:00 P.M. Motion carried unanimously. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Bids & Proposals; Buildings 0 Grounds; Budget. Contract & Agreement; i-laste Collo Disposal. Motion was made by Commissioner Dolezal and seconded Hachinery ~ Equipment. by Commissioner Blair to approve the following County inven- tory change: Conch Key Volunteer Fire Department: Inv. #32l0E- 130/138, 1963 - l~" Hose, to be removed from inventory and discarded, rotten. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Blair to approve a refund in the amount of $25.00 to Rondel Drake for overpayment on Certificate of Com- petency. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Blair to approve a variance for Paul L. Silveri under the Flood Hazard Ordinance as per staff recom- mendation. Motion carried unanimously. Motion was made by CommisSioner Blair and seconded by Commissioner Kerr to approve a v~riance for Raymond F. Cassady under the Flood Hazard Ordinance as per staff recom- - mendation. Motion carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Kerr to approve a variance to the AICUZ Zone for Reffard Stafford to construct a duplex on Lot 6, Block 5 of Porpoise Point Section 4, 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 2 Zone. Motion carried unanimously. Zoning. Ltc3n::>2S & Per~it:J . Licenses & Permits. Licenses & Permits. u 124: Motion was made by Commissioner Dolezal and seconded Appoint- ments; by Commissioner Kerr to accept the resignation of Charles F. Public Heal h. Bardach from the Monroe County Health Facility Authority. Appoint- ments. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Dolezal to hold over until the May 20, 1980 meeting consideration of appointments to the Fine Arts Council. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded Sheriff ; Grants (Fed ) by Commissioner Dolezal to table an item regarding LEAA Co. Fire Dept. & Arnb Corps. ; Contracts & Agreements; Hospital. Travel. Machinery IS Equipment; Co. Fire Dep t. & Arnt Corps.; i Elections, Sp. & Misc. (Referendun Contracts IS Agreement; Co. Fire Dept. & Arnt Corps.; State Agenc Machinery ~ Equipment. Sheriff ; Grants (Fee . Sub-grant for the Sheriff's Department. Motion to table carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Blair directing the County Attorney to pre- pare a Hold Harmless Agreement concerning the request of Atlantic/Key West Ambulance Service, Inc., in order to install an antenna on the County-owned tower at Florida Keys Memorial Hospital. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Blair to authorize the EMS Coordinator to send two (2) Islamorada Fire and Ambulance Rescue Corps on May 9, 1980. volunteers to Clearwater to pick up a pumperl Motion carried unanimously. Motion was made by Commissioner Dolezal and secondec by Commissioner Kerr to hold over until May 20, 1980 an item regarding purchase of five (5) ambulances and three (3) fire trucks authorized by the Referendum of April 29, 1980. Motion to hold over carried unanimously. Motion was made by Commissioner Blair and seconded t Chairman Schloesser to refer to the County Attorney and post- pone action until May 20, 1980 on an item pertaining to a loan agreement with HRS for three (3) Thumpers. Motion to postpone carried unanimously. Motion was made by Commissioner Blair and seconded by Commissioner Dolezal to take from the table an item discus~ d earlier concerning an amended LEAA Sub-grant for the Sheriff'E Department. Motion to take from the table carried with Com- missioner Kerr absent. Motion was then made by Commissioner Blair and seconded by Commissioner Dolezal to authorize the u u 125 .. 5u)nl._~~:Lqn ':q_,.: Department. Motion carried with Commissioner Kerr absent. Motion was made by Commissioner Dolezal and seconde by Commissioner Blair to re-consider previous action of the Board concerning proposal for electrical work at the Marathon Tax Collector's Office. Motion carried unanimously. Motion - was then made by Commissioner Kerr and seconded by aommission Blair to award the bid in the amount of $1,150.00 to Anthony' Electric of Marathon. Motion carried unanimously. REPORTS AND RECOMMENDATIONS OF BOARD MEMBERS The Board discussed summer vacations. After con- siderable discussion a motion was made by Commissioner Kerr and seconded by Commissioner Dolezal to cancel the meeting of June 17, 1980. Motion carried unanimously. Bids & Proposals; Buildings& Grounds; Budget; Co. Tax Co11. & Assessor. Commis- sioners Procedures. Chairman Schloesser discussed notification to him State Agency; from Senator Holloway concerning a meeting with the Departmen Roads, misc. ; of Transportation in reference to the roads in Islamorada to Legisla-' tion; be held on May 13, 1980 in Tallahassee and indicated that the :ravel. - Board had already approved travel for any Board Member and staff to attend the Legislative Delegation sessions currently underway in Tallahassee and directed the County Attorney to make arrangements for Board Members and staff to travel to Tallahassee for the May 13, 1980 meeting and also to arrange a meeting with the Governor and Officials of the Department of Revenue to discuss property assessments. LEGAL DEPARTMENT Motion was made by Chairman Schloesser and seconded Buildings Grounds; by Commissioner Kerr to adopt the following resolution pro- hibiting jet skies to be taken into, on or off-loaded at Harry Harris Park, Monroe County, Florida. Motion carried unanimous y. - RESOLUTION NO. l13-1980 See Res. Book No. 18 which is incorporated herein by reference Motion was made by Commissioner Blair and seconded by Commissioner Dolezal to adopt the following resolution transferring funds. Motion carried unanimously. RESOLUTION NO. 114-1980 See Res. Book No. 18 which is incorporated herein by reference Motion was made by Commissioner Blair and seconded by Commissioner Kerr to adopt the following resolution Budget. u 126 Deeds, Co. Property; Federal Agency; Legislation Buildings & Grounds; Appointment Surplus Property. Commission- ers. Budget. authorizing the Chairman of the Board of County Commissioners to execute a Quit Claim Deed between Monroe County and the U. S. of America conveying all of the avenues, streets, alley~ traffic islands and those parcels described as "City Park" and "School" in Pinecrest Subdivision (Mainland) and Pinecrest Heights Subdivision. Motion carried with Commissioner Doleza] absent. RESOLUTION NO. 115-1980 See Res. Book No. 18 which is incorporated herein by referencE The County Attorney reported on proposed Food Inspection Program, proposed Legislation concerning County Charter Incentives and proposed Legislation concerning the prohibition of catching or taking of mackerel in the waters of Monroe County, by use of gill seines having a stretched mesh of less than three and one-quarter inches. Commissioner Blair, Commissioner Kerr, and Michael Cates, discussed their meeting with representatives of GSA and the Key West Redevelopment Authority concerning the Truman Annex property. Commissioner Blair indicated that the City has proposed that the County would be allowed to appoint 2 members to the Redevelopment Authority to fill the positions of Mr. Major and Mrs. Golan who has recently resigned. After considerable discussion it was agreed that further consideration of this item would be postponed until the meeting of May 20, 1980 in Marathon in order that the full Board could be present. REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Motion was made by Commissioner Dolezal and secondec by Commissioner Kerr to approve the Minutes for the month of April, 1980. Motion carried unanimously. Motion was made by Commissioner Dolezal and secondec by Commissioner Kerr to approve the following Warrants for April and May, 1980: WARRANTS General Revenue Fund, #6006-6496, in the amount of $1,966,937.6l. General Revenue Fund FRS, #28-31, in the amount of $55,516.00 Supplement to the General Revenue Fund, #25-28, in the amount of $37,085.12. u Ut.27 - Fine & Forfeiture Fund, #57-61, in the amount of $261,881. 77. Airport Operation & Maintenance Fund, #27-30, in the amount of $14,834.27. Airport Development & Replacement Fund, #19, in the amount of $13,149.90. Law Library Fund, #19-20, in the amount of $1,106.14 Card Sound Bridge Revenue Fund, #31-34, in the amour of $8,542.10. MSD Tax District, #74-80, in the amount of $125,883.76. Workmens Compensation, #90-98, in the amount of $3,861.14. MSD Tax District #lOO-B, 28,29,30,32, $1,067.28. MSD Tax District #72, 28,29,30,32, $10,156.67. MSD Tax District #73, 28,29,30,32, $3,469.62. MSD Tax District #74, 28,29,30,31,32, $21,159.84. MSD Tax District #75, 28,29,30,31, $3,343.62. MSD Tax District #76, 28,29,30,32, $5,196.58. MSD Tax District 100-A, 28,29,30,32, $917.07. MSD Tax District 100-C, 28,29,30,32, $2,598.76. MSD Tax District 100-H, 28,29,30,32, $6,335.24. MSD Tax District 500-L, 28,29,30,32, $839.79. Motion carried unanimously. At this point in the meeting Commissioner Dolezal left the meeting and did not return. Chairman Schloesser discussed a letter from Ralph W. Co. Clerk; Appoint- White, Clerk, concerning members of the zoning Board and ments. Board of Adjustment and the filing as required under the Financial Disclosure Law. The Cerk indicated that Mr. Eric Ball and Mr. Gene Rhodus of the Board of Adjustment had failec to file. After considerable discussion a motion was made by Chairman Schloesser and seconded by Commissioner Blair reques ing the Clerk to notify Mr. Ball and Mr. Rhodus by certified mail that if they do not file the proper Financial Disclosure forms within 10 days they would be removed from office by the Board of County Commissioners. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded Budget; Television, by Chairman Schloesser to approve payment in the amount of $401.87 to Mullin, Connor and Rhyne, P.C., on the Translator - Suite. Motion carried unanimously. OFFICIAL CORRESPONDENCE AND INFORMATION A letter from the Sheriff was brought to the Board' Sheriff. attention advising of the resignation of Ray A. Finocchio, Deputy Sheriff as of April 7, 1980. PUBLIC HEARINGS , A public hearing was held on an ordinance to adopt Ordinance; Zoning. the Monroe County Services and Utility Element of the Compre- hensive Plan. Proof of publication was entered into the ! I - u 128 Ordinance; Zoning. records. Mr. John Edwards, Director of the Florida Keys Electric Co-op, discussed the element and directed several questions to the Commission concerning references to the Co- op in the plan. Chairman Schloesser discussed several corrections which needed to be made to the plan. Motion was made by Commissioner Blair and seconded by Commissioner Kerr to continue the public hearing until May 20, 1980 in Marathon at 5:30 P.M. Motion carried unanimously. A public hearing was then held on an ordinance to adopt the Monroe County Inter-Governmental Coordination Element of the Comprehensive Plan. Proof of publication was entered into the records. No one in the audience spoke for or against the proposed ordinance. Motion was made by Commissioner Blair and seconded by Commissioner Kerr to continue the public hearing until May 20, 1980 at 6:00 P.M. in Marathon. Motion carried unanimously. There being no further business the meeting was adjourned.