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06/19/1984 Regular AA ~34 Special Meeting Board of County Commissioners Tuesday, June 19, 1984 7:00 P.M., Key West A special meeting of the Board of County Commissioners convened on the above date. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez and Commissioner Ed Swift. Absent from the meeting were Commissioner Alison Fahrer and Mayor Ken Sorensen. Also present were Lucien Proby, County Attorney; Kermit Lewin, County Administrator; Edward Stickney, Public Works Director; Virginia Pinder, Rosalie Simmons and Yolanda Quesada, Deputy Clerks; members of the Press and Radio; and the general public. Motion was made by Commissioner Swift and seconded by Commissioner Harvey to 'appoint Commissioner Hernandez to act as Temporary Mayor Pro Tem to chair the meeting. Motion carried unanimously. All stood for the Invocation and Pledge of Allegiance to the Flag. Chairman Hernandez announced that this Special Meeting was called to decide how the County could legally get involved in representing the people concerning the pro- posed rate increase by the Stock Island Utility Company. Mr. Paul Galloway and Mr. Harry Silvers, residents of Stock Island, addressed the meeting and spoke in opposi- tion of the proposed rate increase. ~ Mr. Joe Davis, General Manager of Stock Island Utility Company, advised the meeting that the Company's attorney and accountant were unable to appear at the meeting because they had not had ample notice. He also advised that he was unable to make any official statements. Mr. Davis then informed the meeting that he had been instructed by his company to tell the Commission that the company would be willing to meet with the County and work with them in every way they could to provide whatever information is desired. County Attorney Proby then informed the Commission that he had received a telephone call from the company's Miami attorney that afternoon advising that he could not be pre- sent because he did not have enough notice of the meeting. Mr. Davis did answer' some questions from the Commission. Mr. Jack Murray, President of the Key Haven Utility Company, then addressed the Commission and answered questions from the Commission concerning the operation of his Company and its rate structure. Mr. John Kennedy, resident of Stock Island, spoke to the meeting in opposition of the rate increase. The Board and members of the staff entered into a lengthy discussion concerning the possible ways that the County could become involved in this situation that would best benefit the public. I AA1.35 - County Attorney Proby read in full a proposed Resolution rescinding Resolution No. 152-1974. He then explained to the meeting that Chapter 367.171 of the Florida Statutes provided for the County to pass a resolution opting to take over the rate control of public utilities, but Mr. Proby pointed out the specific provisions of Paragraph 5 of that particular Section which stated: "(5) When a utility becomes subject to regulation by a county, all cases in which the utility is a party then pending before the commission, or in any court by appeal from any order of the commission, shall remain within the jurisdiction of the commission or court until disposed of in accordance with the law in effect on the day such case was filed by any party with the commission or initiated by the commission, whether or not the parties or the subject of any such case relates to a utility in a county wherein this chapter no longer applies." After discussion, motion was made by Chairman Hernandez and seconded by Commissioner Swift to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 173-1984 See Res. Book No. 37 which is-rncorporated herein by reference. - County Attorney Proby was directed to send certified copies of the Resolution to the Public Service Commission, the Governor, and the State Legislators. Motion was made by Chairman Hernandez and seconded by Commissioner Harvey to have County Attorney Proby read in full a proposed Resolution regarding intervention. After discussion and amendments, motion was made by Commissioner Harvey and seconded by Chairman Hernandez to adopt the following Resolution of the Board of County Commissioners of Monroe County, Florida, to intervene in that certain rate proceeding now pending before the-Public Service Commission of the State of Florida brought by the Stock Island Utility Company. Roll call vote was unanimous. RESOLUTION NO. 174-1984 See Res. Book No. 37 which rs-incorporated herein by reference. The County Attorney fully explained the process of rate increase requests and advised the public that each and every individual could also act as an intervenor. Several members of the public, including Shirley Willard, Bill Shaw, Mike Horne, Carmen Binos and Sergio Hernandez, then appeared and voiced their opposition about - the proposed rate increase. There being no further business, the meeting was adjourned.