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05/20/1980 Special r u 130 * * * * * -* * * * * * * * Regular Meeting Board of County Commissioners Tuesday, May 20, 1980 Marathon, Florida A regular meeting of the Board of County Commissioner was held on the above date. Present and answering to roll call were Commissioner Curt Blair, Commissioner George Dolezal, Com- missioner Jerry Hernandez, Jr., Commissioner Richard Kerr and Chairman Don Schloesser. 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 Allegiance to the Flag. PUBLIC HEARING Maps & Plats. A public hearing was held on vacating of Coral Height Sub-Division Plat. Proof of publication was entered into the records. No one in the audience spoke for or against the pro- posed vacating of said plat. The Attorney representing the purchasers of the property addressed the Board advising that it was the intent of the new owners to build a church on this piece of property. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to adopt the following resolution authorizing the Plat known as Coral Heights Sub- Division be vacated and annulled. Motion carried unanimously. RESOLUTION NO. 117-1980 O.R. Page See Res. Book No. l8 which is incorporated herein by reference. LEGAL DEPARTMENT Competitor Negotiatio Swhich outlines the procedures for evaluation of professional ^ ~ Next the Board discussed Resolution No. 220-1976 services pursuant to Florida Statutes, Chapter 287. Motion u u 1.31. was made by Chairman Schloesser and seconded by Commissioner Blair to adopt the following resolution rescinding Resolution No. 220-1976 and adopting new procedures for eval~ation of applicants for professional services. Motion carried unani- mously. -:!. RESOLUTION NO. 1l8-l980 See Res. Book No. l8 which is incorporated herein by reference. The Board then interviewed the following applicants Co. Eng. for County Consulting Engineering Firm as advertised: Envirodyne Engineers 222 West Adams Street Chicago, Illinois 60606 Ludovici & Orange 329 Palermo Avenue Coral Gables, Florida 33134 Post, Buckley, Schuh & Jernigan, Inc. 82883 Overseas Highway, P. O. Box 348 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 At the conclusion of the interviews the Board under Admin- istrative Procedure submitted ballots which were tabulated by the Clerk. The points received by each firm were as follows: vincent Prothroe Post, Buckley, Schuh & Jernigan Ludovici & Orange Tomasino & Assoc., Inc. Envirodyne Engineers 21 Points 17 Points l4 Points 12 Points 11 Points Motion was then made by Chairman Schloesser and seconded by Commissioner Dolezal to rank the firm of Vincent prothroe as No. l. Motion carried with Commissioner Hernandez voting no. Motion was made by Commissioner Blair and seconded by Com- - missioner Kerr to rank the firm of Post, Buckley, Schuh & with Comm. Hernandez Jernigan, Inc., as No.2. Motion carried/vCilting"'no. Motion was made by Commissioner Blair and seconded by Commissioner Kerr to rank the firm of Ludovici & Orange as No.3. Motion carried with Commissioner Hernandez voting no. MOtion was then made by Chairman Schloesser and seconded by Commissioner Doleza authorizing County staff consisting of the County Attorney, the County Administrator, and Mr. Aguero to negotiate with Mr. u 132 Contracts& prothroe for a contract for presentation back to the Board. Agreements Motion carried with Commissioner Hernandez voting no. Travel; The Board then discussed travel to Tallahassee on Legislatio . May 2l and 22, 1980 and it was decided that the Chairman and Vice Chairman would make the trip as previously authorized to meet with the Legislative Delegation and other State Officials. The Board recessed for lunch at this point. Regular Meeting Re-convened 2:00 P.M. The regular meeting of the Board of County Com- missioners re-convened at 2:00 P.M. with everyone present. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATORS Co. Employe; Zoning. First item was the interview of applicants for the position of Director of Planning, Zoning and Building. Com- munications was received indicating that one or more of the applicants would be unable to be present for the interview. After discussion a motion was made by Commissioner Dolezal and seconded by commissioner Kerr to interview the applicants which were present and then continue the matter for 2 weeks to allow those applicants which had advised the Board of their unavail- ability to be present to be interviewed at that time. During discussion a motion was made by Commissioner Blair and seconded by Commissioner Dolezal to postpone the entire process for 2 weeks. Motion carried unanimously. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Co. Employe; Commissioner Hernandez discussed with the Board a Zoning; Budget. letter received from the Big Pine Key Civic Association. Motio was made by Commissioner Blair and seconded by Commissioner Kerr instructing the County Administrator to prepare a Budget and Organizational Chart for the creation of a Violations and Inspection Department which would be independent from the Building Department and present those at Budget Hearing time. Motion carried unanimously. Budget; Advertisin . Mr. Bill Martin of Marathon discussed with the Board a request for funding of up to $500.00 to the Marathon Chamber of Commerce to underwrite the "Up with People" program. Motion was made by Commissioner Dolezal and seconded by Commissioner Kerr to authorize a donation of $500.00 to the Marathon Chamber u u 1.33 of Commerce for this purpose. Motion carried unanimously. A brief discussion involving the Marathon Bone Fish Com- missioners; Tournment ensued and the Board asked that the matter be carried Advertising over for 2 weeks. REQUEST TO ADDRESS THE BOARD ,..- Sheriff Freeman presented the Board his findings regarding a deficit in certain budgetary accounts. After lengthy discussion the Commission asked the Sheriff to meet with the County Administrator's staff and to supply additional documentation and that the entire matter be continued until the June 3, 1980 meeting in Key West. UNFINISHED BUSINESS Sheriff ; Budget. Discussion with representatives from the City of Key Contracts & Agreements. Colony Beach regarding a proposed inter-local Agreement resulte in a motion by Commissioner Hernandez and seconded by Commis- sioner Blair to delete paragraph 3 and Section "D" of said agreement which made reference to fiscal year 1978-79. During .- discussion a motion was made by Commissioner Dolezal and seconded by Commissioner Kerr to postpone action on this matter until 3:00 P.M., June 3, 1980. Motion to postpone carried unanimously. The representatives from the City of Key Colony Beach were asked to prepare a new inter-local agreement and submit a copy of the agreement to the Commission prior to June 3, 1980 meeting. The next item was appointments to the Fine Arts Council. Commissioner Blair nominated William B. Ceely, Louise Frank, and Jacqueline Rosenblatt; Commissioner Dolezal nominate Bill Henry, Rosemary Schmitt and Virginia Spreen; Commissioner Hernandez nominated Paul Schoenfield, Diana Tolbert and Sharon - Wells; Commissioner Kerr nominated Michael Maroney, Phyllis Pope, and Roxana Stewart; and Chairman Schloesser nominated Lucene Popp, Fred Phillips and Catherine Nash. Motion was made by Commissioner Blair and seconded by Commissioner Kerr to appoint the above named individuals to the Fine Arts Council as provided for in Monroe County Ordinance No. 6-1980. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconde Appoint- ments, u 1.34 by Commissioner Kerr to adopt the following resolution authorizing the Chairman of the Board of County Commissioners Contracts& Agreements State Agency; Co, Fire & Amb, Corps Machinery& Equipment, to execute a loan agreement with HRS for three (3) Thumpers for Emergency Services Department. Motion carried unanimously. RESOLUTION NO. 119-1980 See Res. Book No. 18 which is incorporated herein by reference. Motion was made by Commissioner Kerr and seconded by Commissioner Hernandez to approve the funding in the amount Budget; Recreation Buildings Grounds. of $2,160.00 to Dusty Rawlings for fill at the Big Pine Key recreation site after inspection and approval by Mr. Aguero. Motion carried with Commissioner Blair voting no. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR had been another letter from Ms. Ida Barron requesting an The County Administrator advised the Board that there Budget; Advertising additional $1,000.00 for the Island Root Festival. The Board asked that the Clerk forward a letter to Ms. Barron indicating the budgetary limitations and took no action. Mr. Lewin then presented a request from Mr. Aguero Co. Empl. regarding an employee Mr. Jack Julen for the carryover of annual leave. Motion was made by Commissioner Hernandez and seconded by Commissioner Kerr to authorize the carryover of 279 annual leave credits. Motion carried unanimously. The County Administrator then advised the Board that Budget; Sheriff; he had received a bill in the amount of $557.50 for work done Buildings & Grounds; at the Sheriff's Office in Marathon indicating that it had not been approved by anyone and no purchase order had been issued. The Board instructed the County Administrator to return the bil to the Sheriff and advise him to pay it from his Budget. Motion was made by Commissioner Kerr and seconded by Machinery & Equipment; Commissioner Dolezal to approve the following County inventory Furniture & Fixtures.- changes: Tax Collector's Office: Inv. #2212-403, 1963 Desk Lamp; Inv. #2212-82, 1959 4x6 Card File; Inv. # 22l2-97, 1959 Stool; Inv. #2212-399, 1960 Side Arm Chair; to be removed from inventory and discarded due to condition. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Roads. mise Commissioner Blair naming streets in Mates Subdivision #2, Little Torch Key to Powell Avenue, Hecht Avenue and Myers Stree . Motion carried unanimously. u U 135 Motion was made by Commissioner Kerr and seconded by District; Machinery & Commissioner Blair to authorize the purchase of a Portable Equipment; Budget. Steam Cleaner at a cost of $2,700.00 for the Municipal Service District. Motion carried unanimously. The proposals for storm shutters at Stanley Switlik - and Key Largo Elementary Schools were discussed. It was noted by the County Administrator that there were no funds available for the installation of these shutters. Motion was made by Commissioner Dolezal and seconded by Commissioner Kerr to table the items. Motion carried unanimously. The County Administrator advised the Board of the current Budget situation within the General Revenue Fund of the County. After discussion Commissioner Dolezal asked that the County Administrator along with the Clerk prepare a memo- randum indicating capital improvement needs including building~ and equipment and forward to the Board of County Commissioners prior to the Budget Hearings for FY 80-81. Motion was made by Commissioner Blair and seconded by Chairman Schloesser to authorize the preparation of resolutions transferring monies from the County Contingency Account as needed to the General Operating Accounts of the County. Motion carried unanimously. Motion was made by Chairman Schloesser and seconded by Commissioner Dolezal instructing the County Administrator to immediately advise all County Departments that room ther- mostats are to be set no lower then 76 degrees and that full compliance is expected. Motion carried unanimously. PUBLIC HEARINGS A public hearing was held on a proposed ordinance to regulate the use of land by adoption of the IIMonroe County - Services and Utility Element" of the Comprehensive Plan. This was the second hearing. Proof of publication was previously entered into the records. Members of the public addressed the Board. Motion was made by Commissioner Kerr and seconded by Commissioner Dolezal to continue the public hearing until 5:30 P.M., June 3, 1980 in Key West at the request of County staff. Motion carried unanimously. Bids & Proposals; Schools. Budget; Buildings & Grounds; Machinery & Equipment. Com- missioners Procedures. Ordinance; Zoning. u 1~ REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Contracts i The Clerk addressed the Board regarding the Contract Agreements Travel; with Recreation Planning Assoc., Ltd. He indicated that trave Surplus Property. was being performed by this company without prior approval by the Board of County Commissioners or their representatives. Motion was made by Commissioner Blair and seconded by Com- missioner Dolezal designating Mr. Lewin, the County Administra- tor, to forward a letter outlining the proper procedure for the approval of travel and subsequent reimbursement to Recrea- tion Planning Assoc., Ltd. Motion carried unanimously. It was noted that Mr. Lewin would approve travel as he does for other County employees under the terms of the RPA contract. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Buildings & Grounds. Motion was made by Commissioner Dolezal and seconded by Commissioner Kerr authorizing the County Administrator to proceed with the establishment of a County Fuel Facility in the Marathon area. Motion carried unanimously. Zoning. Motion was made by Chairman Schloesser and seconded by Commissioner Kerr to adopt the following resolution incor- porating a biological assessment into the records for Sam HumeE to place boulder riprap from the adjacent seawall to the exist- ing southeast corner of his lot on property located at Lot 7, Block 5, Tollgate Shores Subdivision, Lower Matecumbe as per staff recommendation. Motion carried unanimously. RESOLUTION NO. 120-1980 See Res. Book No. 18 which is incorporated herein by reference. Zoning. Motion was made by Commissioner Kerr and seconded by Chairman Schloesser to adopt the following resolution incorpor- ating a biological assessment into the records for Basil F. Dally to construct 185 l.f. of riprap seawall waterward of MHW along an eroded openwater shoreline as a continuation of an adjacent riprap line in order to recover eroded property and prevent further erosion on property located in Section 9, Town- ship 66S, Range 32E, Key Vaca as recorded in OR 418, pages 694-702 as per staff recommendation. Motion carried unanimousl . RESOLUTION NO. 121-1980 See Res. Book No. 18 which is incorporated herein by reference. U 137 u Motion was made by Commissioner Kerr and seconded Zoning. by Chairman Schloesser to adopt the following resolution incorporating a biological assessment into the records for LaVonne Bouthilet to construct 60 l.f. of concrete block seawall about 15 feet waterward of MHW and backfill with about 60 c.y. of clean limerock fill on property located in Section 35, Township 66, Range 28, Summerland Key Cove Sub- division, Lot 8, Block 4, Caribbean Drive, Summerland Key, Florida as per staff recommendation. Motion carried unani- mously. RESOLUTION NO. 122-1980 See Res. Book No. 18 which is incorporated herein by referencE. Motion was made by Commissioner Kerr and seconded Zoning. by Commissioner Hernandez to adopt a resolution incorporating a biological assessment into the records for Arthur Mannes to construct 225 l.f. of riprap seawall along an open water shorE~ line and excavate approximately 11,700 c.y. of spoil from a dredged channel measuring 100' wide and 1250' long x 10' MSL on property located at Maloney's Subdivision tietween Maloney :1 I' I' d 'I I! II Ii I i Avenue and Front Street, Stock Island, as per staff recom- mendation. During discussion a motion was made by Chairman Schloesser and seconded by Commissioner Dolezal to postpone action on this item until June 3, 1980. Roll call vote was taken on the motion to postpone with the following results: Commissioner Blair Commissioner Dolezal Commissioner Hernandez Commissioner Kerr Chairman Schloesser No Yes No Yes Yes Motion carried. PUBLIC HEARINGS A public hearing was held on a proposed ordinance Ordinance; Zoning. to regulate the use of land by adoption of the "Monroe County Inter-Governmental Coordination Ele~ent" of the Comprehensive Plan. Proof of publication was preiviously entered into the records at the first public hearing. No one in the audience spoke for or against the p~oposed ordinance. Motion was made by Chairman Schloesser and seconded by Commissioner Blair to adopt said ordinance. Motion carried unanimously. ORDINANCE NO. 8-1980 See Ord. Book No. 4 which is incorporated h . ereln by reference U 138 Motion was made by Commissioner Blair and seconded Licenses & Permits; Zoning. Zoning. Budget. Lease, Co. Property; Lights & Signs, Lease, Co. Property; Lights & Signs. Contracts Agreements Retired Persons. i"unds ti"ed Grants) . ---- by Commissioner Kerr to approve a refund in the amount of $100.00 to Earl Yates due to denial of change of zoning as per staff recommendation. Motion carried unanimously. Motion was made by Chairman Schloesser and seconded by Commissioner Blair to reject a proposed major excavation for construction of boat basin at Upper Matecumbe, with an access channel, as per staff recommendation for Sochet and Rosenburg. Motion carried unanimously. to the Highway Beautification Advisory Committee to replace Bill Becker. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to adopt the following reso- lution transferring funds. Motion carried unanimously. RESOLUTION NO. 123-1980 See Res. Book No. 18 which is incorporated herein by referenc . Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to adopt the following reso- lution authorizing the Chairman of the Board to execute a Sign Lease by and between the County of Monroe, State of Florida, and Duncan's Auto Sales, Inc. Motion carried unanimously. RESOLUTION NO. 124-1980 See Res. Book No. 18 which is incorporated herein by referenc . Motion was made by Commissioner Hernandez and seconded by Commissioner Kerr to adopt the following resol- ution authorizing the Chairman of the Board to execute a Sign Lease by and between the County of Monroe, State of Florida, and S.K.L. Tire and Services, Inc., Agent for Dollar Rent-A-Car. Motion carried unanimously. RESOLUTION NO. 125-1980 See Res. Book No. 18 which is incorporated herein by referenc~. Motion was made by Commissioner Hernandez and seconded by Commissioner Blair to postpone action until June 3, 1980 on an item pertaining to a contract between the Board of County Commissioners on the Areawide Agency on Aginc u U l39 and united Way for Title III funding. Motion carried unanimously. Motion was made by Commissioner Kerr and seconded by Commissioner Dolezal to authorize the County Attorney to advertise and call for a public hearing on an ordinance pro- viding that the Code of Ordinances be amended by amending Chapter 13, Article III, Section 14-43 concerning noise con- trol at the Marathon Airport. Motion carried unanimously. Ordinance; Airport Motion was made by Commissioner Hernandez and adopt the followin0 resoluti(~ to seconded by Commissioner Kerr to/allow for the installation of a gate across the roadway in order to close a portion of Avenue "J", Block 51 of Sands Subdivision. RESOLUTION N~. 125A-1980 Motion carried See Re s. Book No. 11 unanimously. Roads, Mise Motion was made by Commissioner Dolezal and secon- Contracts ti Agreement; ded by Commissioner Hernandez to adopt the following reso- Retired Persons. lution authorizing the Chairman of the Board to execute a Contract by and between the Board of County Commissioners and I , 'I il II II d II 'I !I I I the Area Agency on Aging for Dade and Monroe County, and United Way of Dade County, Inc., for the Homemaker Program. Motion carried unanimously. RESOLUTION NO. 126-l980 See Res. Book No. 18 which is incorporated herein by referenc . Motion was made by Commissioner Dolezal and seconded by Co~nissioner Hernandez to adopt the following resolution authorizing the Chairman of the Board to execute a contract by and between the Monroe County Board of County Commissioners. and Area Agency on Aging for Dade and Monroe Counties and United Way of Dade County, Inc., for Home Delivered Meals Program. Motion carried unanimously. RESOLUTION NO. 127-1980 See Res. Book No. 18 which is incorporated herein by referenc~. Motion was made by Commissioner Dolezal and seconded by Commissioner Hernandez to adopt the following resolution authorizing the Chairman of the Board to execute a Contract by and between the Monroe County Board of County Commissioners and the Area Agency on Aging for Dade and Monroe Counties and United Way of Dade County, Inc., for Congregate Meals Program. Motion carried unanimously. RESOLUTION NO. 128-1980 See Res. Book No. 18 which is incorporated herein by referenqe. Contl'acts ti At;r2.2:nents; Retired Persons. Contracts ti Agreements; Retired Persons. U 140 Motion was made by Commissioner Dolezal and Contracts Agreements Retired Persons. seconded by Commissioner Hernandez to adopt the following resolution authorizing the Chairman of the Board of County Commissioners and the Area Agency on Aging for Dade and Monroe Conties and united Way of Dade County, Inc., for Transportation Program. Motion carried unanimously. RESOLUTION NO. 129-1980 See Res. Book No. 18 which is incorporated herein by reference. Surplus The County Attorney along with Commissioner Blair Property; Appointmen s; discussed with the Board a meeting with GSA representatives Contracts Agreements Budget. regarding the Truman Annex surplus Navy property in the City of Key West. They indicated that the County would have to appoint two (2) members to the Redevelopment Authority Board were of Key West. The following personsmominated: Mr. Tom Pope, Mr. Milton Marverick, Mr. Robert Dean and Attorney Mike Helpern. The Board then followed the Administrative Procedures previously established by resolution and after tabulation of the vo,te,s a motion was made by Commissioner Blair and seconded by Chairman Schloesser to appoint Mr. Tom Pope and Mr. Robert Dean as the County's representatives Motion carried unanimously. Motion was then made by Com- missioner Blair and seconded by Chairman Schloesser instruct ing the County Attorney to contact the representatives from the City of Key West and prepare an Inter-Local Agreement as requested by the City in their resolution which had been forwarded to the County. Motion carried unanimously. REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Motion was made by Chairman Schloesser and seconde by Commissioner Blair to approve the following Warrants for May, 1980: WAR RAN T S General Revenue Fund, #6497-6502-A, in the amount of $2,292,270.26. General Revenue Fund, Boulevard Bank, #9, in the amount of $18,798.65. General Revenue Fund, Marathon Bank, #7, in the amount of $14,131.15. Supplement to the General Revenue Fund, #29, in th~ amount of $20,112.60. Fine & Forfeiture Fund, #62-64, in the amount of $971,476.38. u 141 Road & Bridge Fund, #52-60, in the amount of $1,084,906.56. Airport Revenue Fund, #18-21, in the amount of $5l,006.41. Airport Operation & Maintenance Fund, #31, in the amount of $12,105.71. Law Library Fund, #21, in the amount of $34.15. Card Sound Bridge Revenue Fund, #35-36, in the amount of $31,460.54. MSD Tax District, #8l-84, in the amount of $593,820.20. Workmens Compensation, #99-104, in the amount of $201,294.20. MSD Tax Districts - #lOO-B - $494.90; #72 - $3,426 49; #73 - $722.34; #74 - $498.39; #75 - $821.84; #76 _ $1,340.46; #lOO-A - $502.22; #lOO-C - $505.15; #lOO-H - $1,OlO.90; #500-L - $178.29 - All Warrant! #33. Motion carried unanimously. by Commissioner Kerr to approve payment of the following Motion was made by Commissioner Blair and seconded Adv.; Budget. advertising bills: I il Ii I' !I II Ii " 1/ I' E. J. Scheaffer $7,745.11 Greater Key West Chamber 425.00 Upper Keys Chamber 675.00 Islamorada Chamber of Commerce 1,565.70 ~':<" ,:*:' '*.;.,: Motion carried unanimously. Commissioner Kerr asked that th request for payment from the Lower Keys Chamber of Commerce in the amount of $2,050.00 be referred to the Advertising Commission for more information. OFFICIAL CORRESPONDENCE AND INFORMATION Motion was made by Commissioner Blair and seconded Elections, Sp. & Misc. by Commissioner Kerr to certify the County Canvassing (Referen- dum) . Board results of Special Referendum Election of April 29, 1980 as follows: District l-A & l-B - 78 Votes For - 64 Votes Again t District l-C 45 Votes For - 8 Votes Agains District I-D 210 Votes For - 59 Votes Agains (Prop. l) District 3 90 Votes For - 27 Votes Against (Prop. 2) District 3 88 Votes For - 24 Votes Against District 4-A & 4-B 164 Votes For - 16 Votes Agains District 6 223 Votes For - 49 Votes Agains Motion carried unanimously. .. 142 There being no further business the meeting was adjourned by the Chairman. '\~ ,u II 1f