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11/17/1981 Regular -~-'--r X 001 Regular Meeting Board of County Commissioners Tuesday, November 17, 1981 10:00 A.M., Key West A regular meeting of the Board of County Commission- ers convened on the above date. Present and answering to roll -~ call were Commissioner Curt Blair, Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez, Jr., Commissioner Ken Sorensen and Chairman George Dolezal. Also present were Ralph W. White, Clerk; Danny L. Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; County staff members; members of the County Engineering Firm; members of the Press and Radio; and general public. All stood for the Invocation and Pledge of AllegiancE to the Flag. There were several items added to the agenda and several items deleted from the agenda. The first item of business was reorganization and election of Chairman and Vice Chairman. Commissioner Sorensen submitted the name of Commissioner George Dolezal for Chairman of the Board. The Chairman asked the Clerk to call the roll on the name of Commissioner Dolezal. Commissioner Harvey raised to a point of order concerning the procedure for voting for a Chairman. The point of order was accepted. Commis sionel Harvey then placed the name of Commissioner Hernandez for Chairman. The Clerk then called the roll on the nominations for Mayor/Chairman of the Board with the following results: Commissioner Blair voted for Commissioner Dolezal; Commissioner Harvey voted for Commissioner Hernandez Commissioner Hernandez voted for Commissioner Hernandez; Commissioner Sorensen voted for Commis- sioner Dolezal; and Commissioner Dolezal voted for Commissioner Dolezal. r-~ Commissioner Dolezal then declared himself as the Mayor/Chair- man of the Board. Nominations for Vice Chairman/Mayor pro tem of the Board were now in order. Mayor Dolezal placed the name of Commissioner Sorensen in nomination. Commissioner Hernande2 , placed the name of Commissioner Harvey in nomination. The Clerk called the roll on the nominations for Mayor pro tem with the following results: . . .' 002 X Commissioner Blair voted for Commissioner Sorensen; Commissioner Harvey voted for Commissioner Harvey; Commissioner Hernandez voted for Commissioner Harvey; Commissioner Sorensen voted for Commissioner SorenseTI; and Chairman Dolezal voted for Commissioner Sorensen. Chairman Dolezal declared Commissioner Sorensen the Mayor pro tem. Motion was made by Commissioner Sorensen and seconded ---.. by Commissioner Blair to adopt the following resolution authorizing George E. Dolezal, Chairman of the Board of County Commissioners, with the Clerk of said Board to sign all warrants, legal documents, and any other necessary papers and documents. Motion carried unanimously. RESOLUTION NO. 329-1981 See Res. Book No. 25 which is incorporated herein by reference. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to adopt the Board's Administrative Rules of Procedures as they stand. Roll call vote was taken and carried with Commissioner Blair absent for roll call. The Clerk then discussed the meeting scheduled for December 29, 1981 and the meeting calendar for 1982. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to postpone the December 29, 1981 meeting until January 5, 1982 and to start the calendar for 1982 effective that date. During discussion Commissioner Sorensen offered a substitute motion to cancel the December 29, 1981 meeting altogether and to start the 1982 calendar with the January 12, 1982 meeting running every two (2) weeks as currently exists. Motion on the substitute motion carried unanimously. Mr. Charles Bragan, representative of MORE, addressed the Board requesting that the Florida Department of Transpor- tation cooperate with the County to ensure that the Overseas Highway right-of-way is kept free of all illegal uses such as, l but not limited, to illegal private use, trash and illegal signs. Motion was made by Chairman Dolezal and seconded by Commissioner Sorensen instructing the County Attorney to draft a resolution in accordance with the letter from Mr. Bragan to be forwarded to the DOT. Motion carried unanimously. Motion was made by Commissioner Sorensen to adopt several items in bulk if there was no objection from any X 003 Commissioner. Commissioner Hernandez objected. The Chairman ruled that there be no blanket motion at this meeting. The Board then continued with the regular agenda. PUBLIC HEARING A public hearing was held on the abandonment of a ~ . I portion of Sandy Avenue in Sea-Air Estates, Marathon, Florida. Proof of publication was entered into the records. No one in the audience spoke for or against the proposed abandonment. Motion was made by Commissioner Sorensen and seconded by Com- missioner Hernandez to postpone for two (2) weeks because there was no supporting data in the agenda package. It was pointed out that the data was in the package listed under another agenda items. The motion was then withdrawn by the maker of the motion. Motion was then made by Chairman Dolezal and seconded by Commissioner Sorensen to adopt the resolution authorizing the road abandonment. During discussion a motion was made by Commissioner Blair and seconded by Commissioner Sorensen to postpone the item for two (2) weeks. Roll call vote was taken and carried with Commissioner Harvey and Com- missioner Hernandez voting no. UNFINISHED BUSINESS Next item considered was the Municipal Service District Supplementary Billing for Venture Out and Outdoor Resorts. Mr. Aguero, the Manager of the District, requested that the item be postponed for two (2) weeks so that he can meet with representatives of Venture Out and Outdoor Resorts prior to the Board taking any action. Motion was made by Com- missioner Sorensen and seconded by Chairman Dolezal to postpone the item until December 1, 1981. Motion carried unanimously. Next item was discussion concerning the Assistant r Manager position in the Municipal Service District. Mr. Aguero advised the Board that he made an error in the salary when the position was advertised and that he wished to postpone the item for two (2) weeks in order to re-advertise the positio~ and salary. Commissioner Hernandez described his position in this matter and asked that the Board set the salary for the position at $18,000.00 per annum. Motion was made by Com- 004 X missioner Hernandez to establish the salary and position at $18,000.00 per annum for Assistant Manager of the MSD. Motion was seconded by Commissioner Sorensen. Roll call vote was taken on the motion to establish the position at $18,000.00 and carried with Commissioner Harvey voting no. Commissioner Blair advised the Board of the resigna- tion of Mr. Bill Seeley from the Fine Arts Council and sub- mitted the name of Mr. Peter Erlenbauch of Farrington Gallerie! as his replacement. Motion was made by Chairman Dolezal and seconded by Commissioner Harvey to appoint Mr. Erlenbauch to the Fine Arts Council for the remainder of Mr. Seeley's term. Motion carried unanimously. Motion was made by Commissioner Sorensen and secon- ded by Commissioner Hernandez to postpone an item concerning disposal of spetic tank pumpings in the Municipal Service ,-, District until the December 1, 1981 meeting. unanimously. Motion was made by Commissioner Hernandez and secon- Motion carried ded by Commissioner Harvey instructing the Consulting Engineers and the County Administrator to contact the DOT to recover the expenses of $5,000.00 for Biennial Inspection of the Card Sound Bridge. During discussion the motion was withdrawn. Motion was then made by Commissioner Sorensen and seconded by Chairman Dolezal to authorize payment in the amount of $5,000.00 to Post Buckley, Schuh & Jernigan, Inc., for the Biennial Inspection of the Card Sound Bridge and the County Administrator and the Consulting Enginnering Firm both individually and separately were instructed to contact the DOT to try and recover reimburse ment of these funds through a federal grant. was taken and carried unanimously. The County Administrator reported on salary increases Roll call vote 'l effective October I, 1981 which were in excess of $1200.00 per annum which had been questioned by Commissioner Hernandez. Discussion ensued and was still in process when the Board recessed for lunch. Regular Meeting Re-convened The regular meeting re-convened with all Commissioner and staff present. I X 005 The Board continued discussion concerning the salary increases over $1200.00. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to transfer the duties being performed by Mrs. Lorraine Rogers regarding Contractors Licenses and Competency Cards over to Mr. Howard ..... , I Johnson of the Building Departmant and rescind the $1200.00 ., increase from Mrs. Rogers and increase Mr. Johnson's salary by $1200.00 effective December 1, 1981. During discussion Commissioner Sorensen withdrew his second to the motion. Motion was then made by Commissioner Hernandez and seconded by Commissioner Sorensen that the $1200.00 salary increase which was give to Mrs. Rogers for the Competency Card duties be rescinded and that those duties be transferred to the Building Official effective December 1, 1981. Roll call vote was taken and carried with Chairman Dolezal voting no. There were other raises that were given in error and Mr. Lewin was directed to make the corrections. The Board then discussed the increases over $1200.00 in the Municipal Service District. The County Attorney was instructed to review the position classifications and salary schedules in the Municipal Service District Pay Plan and report back to the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey instructing Mr. Aguero to meet with the County Attorney and insure that the Pay Plan is in uniformity with that of the County. Roll call vote was taken and carried with Commissioner Sorensen absent for roll call. REQUEST TO ADDRESS THE BOARD The County Attorney reported back on the Sheriff's Budget Appeal and a letter from the Administration Commission concerning their decision. Mr. proby advised the Board of the following: Administration Commission on November 4, 1981 approved the Monroe County Sheriff's Budget for 1981-82 Fiscal Year as follows: Salary of the Sheriff Salaries of Deputies, Assistants & Benefits Expenses Othern Than Salaries $ 34,284.00 3,242,788.00 1,723,800.00 006 X Equipment Investigation Salary Incentives Contingencies $ 434,789.00 33,000.00 55,000.00 55,000.00 Total $5,578,351.00 The Administration Commission action implements the budgetary recommendation of the Office of Planning and Budgeting less $56,388.00 recommended for communications consolidation and $113,930.00 recom- mended for computerization of the Sheriff's records. Further, the approved salaries budget includes $73,500.00 for temporary guards of confiscated pro- perty and $195,782.00 to continue federally funded Selective Traffic Enforcement Program and service reimbursement programs at Ocean Reef and the Airport Motion was made by Commissioner Sorensen and seconded by Com- missioner Blair instructing the County Adminsitrator to contact Consulting Firms and get proposals for study of the operation of the Sheriff's Office. Motion carried unanimously. Motion was then made by Commissioner Sorensen and seconded by Com- missioner Blair directing the County Administrator along with the Clerk to prepare before the next meeting information con- cerning what steps would have to be taken to cover the addition 1 monies to fund the Sheriff's Office for fiscal year 1981-82 including possible Tax Anticipation Notes and also Supplemental Tax Bill. Roll call vote was taken and carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Blair instructing the County Attorney to confer with State Representative Allen requesting him to draft a Bill for Legislation concerning the Sheriff's appeal process. MOtion carried unanimously. Commissioner Harvey advised the Board that she would meet with the Sheriff and discuss raises for his personnel. She asked that she be joined by one (1) other Commissioner. Commissioner Blair volunteered to meet with the Sheriff. REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to strike an item concerning a refund for cancellation of a Certificate of Competency for Howard Finkle of Solar Heating Systems from the Agneda at the request of Attorney Hugh Morgan. Motion carried unanimously. UNFINISHED BUSINESS The County Administrator reported to the Board on x 007 derelict and abandoned trailers. Motion was made by Com- missioner Sorensen and seconded by Chairman Dolezal instructing County Attorney and the County Administrator to prepare a resolution to the Department of Environmental Regulations requesting a variance to burn the trailer at Sugarloaf Key on -, County property. Motion carried unanimously. LEGAL DEPARTMENT The Count~r Attorney was scheduled to report on the Sheriff's confiscated vehicle problem. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to postpone this item for two (2) weeks. During discussion this motion was withdrawn. Motion was then made by Commissioner Sorensen and seconded by Commissioner Harvey to strike the item from the agenda. Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Harvey to approve the following items in bulk if there was no objection from any of the Board Members: I The County Attorney was authorized to advertise and call for bids on the Senior Citizens Center in Big Pine Key. The County Attorney was authorized to advertise for Airport Consultants. The Board authorized payment of Invoice in the amount of $31,362.80 to William R. Hough & Co., for expenses involved in the $1,855,000 Monroe County Improvement Revenue Bonds Series 1981. Board adopted the following resolution authoriz- ing the Chairman of the Board of County Commissioners to execute a Sign Lease by and between the County of Monroe, State of Florida, and Edward B. Knight d/b/a Knight Realty, Inc. RESOLUTION NO. 330-1981 See Res. Book No. 25 which is incorporated herein by reference. Board adopted the following resolution authoriz- ing the Chairman of the Board of County Commissioners to execute a Sign Lease by and between the County of Monroe, State of Florida, and Duncan's Auto Sales, Inc. RESOLUTION NO. 331-1981 See Res. Book No. 25 which is incorporated herein by reference. Board adopted the following resolution authoriz- ing the Chairman of the Board of County Commissioners to execute a Lease Agreement by and between Monroe 008 X County, Florida, and the Department of Health and Rehabilitative Services, District XI for holding facility area space. RESOLUTION NO. 332-1981 S~e Res. Book No. 25 which is incorporated herein by reference. Board adopted the following resolution request- ing the Department of Transportation to conduct a Traffic Study to consider installation of traffic light at the intersection of U. S. Highway No.1 and 110th Street in Marathon, Florida. -I RESOLUTION NO. 333-1981 See Res. Book No. 25 which is incorporated herein by reference. Board adopted the following resolutions concern- ing receipt of unanticipated funds. RESOLUTION NO. 334-1981 RESOLUTION NO. 335-1981 RESOLUTION NO. 336-1981 RESOLUTION NO. 337-1981 RESOLUTION NO. 338-1981 See Res. Book No. 25 which is incorporated herein by reference. Board adopted the following resolution trans- ferring funds for fiscal year 1980-81. RESOLUTION NO. 339-1981 See Res. Book No. 25 which is incorporated herein by reference. Board adopted the following resolution trans- ferring funds for fiscal year 1981-82. RESOLUTION NO. 340-1981 See Res. Book No. 25 which is incorporated herein by reference. Board adopted the following resolution authoriz- ing the Chairman of the Board as the governing body of the Municipal Service District, to approve and execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Environmental Pollution Control Services for dis- position of sanitary hospital waste. RESOLUTION NO. 341-1981 See Res. Book No. 25 which is incorporated herein by reference. Board adopted the following resolution authoriz- ing the Chairman of the Board of County Commissioners of Monroe County, Florida, as the governing body of the Municipal Service District to approve and execute an Agreement by and between the Board of County Com- missioners and Acme Services Unlimited, Inc., for disposition of sanitary hospital waste. RESOLUTION NO. 342-1981 See Res. Book No. 25 which is incorporated herein by reference. l Motion carried unanimously. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to adopt the following items in bulk if there was no objection from any of the Board Members: X 009 Board adopted the following resolution concernin landing fees at the County Airports rescinding Resolution No. 104-1978. RESOLUTION NO. 343-1981 See Res. Book No. 25 which is incorporated herein by reference. The County Attorney was authorized to advertise for a public hearing on an ordinance pertaining to emergency services. The County Attorney was authorized to advertise and call for bids for the Nutrition Program for Sr. Citizens. - , The Board adopted the following resolution rescinding Resolution No. 278-1981 adopted Septem- ber 22, 1981 regarding the fixing and delineating of the boundaries of the County Commissioners' Districts and providing for the renumbering of the Districts. RESOLUTION NO. 344-1981 See Res. Book No. 25 which is incorporated herein by reference. Board approved payment in the amount of $1,290.0 to Risk Control Associates, Inc., pursuant to the terms of agreement of January 27, 1981. Board accepted recommendations of Dr. Michael Borres, Chairman Older Americans Advisory Board as outlined in his letter of October 26, 1981 and ap- proved sites and volunteers for the Older Americans Volunteer Programs. Board approved a variance to the AICUZ Zone for Roger and Betty Jean Lloyd, to place a mobile home on Lot 29, of Porpoise Point Section Two, as recorded in Plat Book 5, page III and located in Section 22, Township 67 South, Range 26 East, Big Coppitt Key, zoned RU-5, in AICUZ Zone 2A. Board approved a variance to the Flood Hazard Ordinance for Glenn Schofield. Board approved additional Community Care for the Elderly dollars in the amount of $74,330.43 requiring $2,106.63 in cash match, for fiscal year Suly 1, 1981 through June 30, 1982. Board authorized payment of $1200.00 to BR & R Associates, Inc., Airport Consultants, for services performed in the last quarter of fiscal year 1981-82 to be paid from the 1982 Airport Contingency Budget Fund. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Board appointed Ms. Betty Payne to the Dade- Monroe Mental Health Board. REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD Board approved the Minutes of the Board of County Commissioners for the month of October, 1981. 01.0 X Board approved the following Warrants for October and November, 1981: WAR RAN T S General Revenue Fund, #1092-1439, in the amount of $969,046.73. General Revenue Fund FRS, #55, in the amount of $74,634.35. Supplement to the General Revenue Fund, #46, in the amount of $18,199.86. Fine & Forfeiture Fund, #117-119, in the amount of $353,814.17. Road & Bridge Fund, #92, in the amount of $33,305.29. Airport Revenue Fund, #59-60, in the amount of $212.78. Airport Operation & Maintenance Fund, #52, in the amount of $12,268.55. Law Library Fund, #41, in the amount of $84.25. Card Sound Bridge Revenue Fund, #60, in the amount of $16,238.21. MSD Tax District, #156-158, in the amount of $118,321.24. Workmens Compensation, #173-175, in the amount of $768.54. Capital Project Fund, #6, in the amount of $93,095.0C Upper Keys Governmental Center EDA, #1, in the amount of $14,989.00. Board approved payment of the following Adver- tising Bills: Stewart Newman & Associates Public Relations Fee Production & Expenses Media Total $ 1,750.00 11,293.60 12,784.60 $25,828.20 Motion carried unanimously. LEGAL DEPARTMENT Next item for consideration was a resolution pro- claiming the intent of Monroe County, Florida to develop an airport facility in fue Upper Keys; establishing the need for same; setting guidelines for the accomplishment of this develop men t . Dr. Marie Landry, Secretary of the Florida Keys Citizens Coalition addressed the Board and presented a letter concerning the Coalition's position on this matter. Mr. Pat Rebu11 of BR&R Associates, Airport Consultants, also made a presentation and discussed this resolution with the Board. Motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to adopt said resolution. During discussion a motion wa& made by Com~issioner Harvey and seconded by Commissioner Hernandez to postpone action on this item. Roll call vote was taken with X 011 the following results: Commissioner Blair Commissioner Harvey Commissioner Hernandez Commissioner Sorensen Chairman Dolezal No Yes Yes No No Motion failed. Roll call vote was taken on the original motio~ r-- to adopt said resolution and carried with Commissioner Hernande voting no. RESOLUTION NO. 345-1981 See Res. Book No. 25 which is incorporated herein by reference. The regular meeting of the Board recessed in order to hold a Board of Appeals Hearing scheduled for 4:00 P.M. Board of Appeal Hearing 4:00 P.M. The Board of County Commissioners sat as the Board of Appeal to hear the Appeal of Mr. and Mrs. Edward A. Pa1guta who were requesting that the Board of County Commissioners reverse the decision of the Monroe County Board of Adjustment in their denial of an administrative decision appeal, as out- lined under the provisions of Section 19-78 of the Monroe Count Code. To Wit: a masonry fence, located on Lot 54, Section C of Sugar10af Plat #2, which exceeds the height limitations. All the Commissioners were present along with County staff. Hugh Morgan, Attorney, representing Mr. Crabtree, the property owner, made a lengthy presentation requesting that the Board dismiss the appeal. Mrs. Pa1guta also made a presen- tation requesting that the information she supplied be consid- ered as new evidence. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to accept the informa- tion presented by Mrs. pa1guta as new evidence and grant a new re-hearing. Roll call vote was taken with the following result Commissioner Blair Commissioner Harvey Commissioner Hernandez Commissioner Sorensen Chairman Dolezal No Yes Yes No No Motion failed. The Board's action regarding denial of appeal and upholding Board of Adjustment decision was affirmed. Commissioner Sorensen raised a point of order regarding the 5:00 P.M. deadline for adjournment of meetings. 01.2 X Commissioner Harvey made a motion to adjourn. objections, the meeting was adjourned. The items not considered will be considered at the There being no next meeting.