12/01/1981 Regular
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Regular Meeting
Board of County Commissioners
Tuesday, December 1, 1981
10:00 A.M., Ocean Reef
Key Largo, Florida
A regular meeting of the Board of County Com-
missioners convened on December 1, 1981 at 10:00 A.M., at
Ocean Reef, Key Largo, Florida.
The Clerk called the roll.
Present were Commissioner Wilhelmina Harvey, Commissioner
Jerry Hernandez, Jr., Commissioner Ken Sorensen, and Chairman
George Dolezal.
Also present were Lucien Proby, County At-
torney; Kermit Lewin, County Administrator; members of County
staff; members of County Engineering Firm; members of the Press
and Radio; and interested citizens.
All stood for the Invocation and Pledge of Allegiance
to the Flag.
Motion was made by Commissioner Harvey and seconded
by Commissioner Sorensen to continue the following items until
the December 15, 1981 meeting:
Public Hearing on the abandonment of a portion of
Sandy Avenue, in Sea-Air Estates, Marathon, Florida.
Report on public property in Marathon.
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Report on Sheriff's confiscated vehicle problem.
Robert Harris, Project Manager of Post, Buckley,
Schuh & Jernigan, Inc., to discuss Card Sound Toll
Bridge facility.
Resolution authorizing the Chairman of the Board of
County Commissioners of Monroe County, Florida, to
execute a contract by and between the County of Mon-
roe, State of Florida, and the Office of the Monroe
County Tax Collector and rescinding Resolution No.
290-1981.
Motion carried unanimously.
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Motion was made by Commissioner Harvey and seconded
by Commissioner Sorensen to approve the following items:
LEGAL DEPARTMENT
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Board adopted the following resolution authoriz-
ing the Chairman of the Board of County Commissioners
of Monroe County, Florida, to execute a Sign Lease
by and between the County of Monroe, State of Florida
and the Key Ambassador Company.
RESOLUTION NO. 346-1981
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 execut
an Addendum to that certain Contract dated November 1 ,
1981 by and between the Board of County Commissioners
of Monroe County, Florida, and Environmental Pol-
lution Control Services.
RESOLUTION NO. 347-1981
See Res. Book No. 25 which is incorporated herein by reference.
Board adopted the following resolution incor-
porating a biological assessment into the records
for Roland Liz to construct a 26' long concrete sea-
wall and the placement of riprap to either side.
RESOLUTION NO. 348-1981
See Res. Book No. 25 which is incorporated herein by reference.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Board approved payment of bill submitted by
Martin-Vegue Funeral Home in the amount of $547.40
for pauper burials.
Board approved an AICUZ Variance for Jose
Aguiar, M.D.P.C., to place a mobile home on Lot 6,
Block 9 of Geiger Mobile Home Subdivision, as recor-
ded in Plat Book 5, page 77 and located in Section
27, Township 67 South, Range 26 East, Geiger Key,
zoned RU-5, in AICUZ Zone 2B.
REPORTS & RECOMMENDATIONS FROM CLERK TO THE BOARD
Board approved the following Warrants for
November, 1981:
WAR RAN T S
General Revenue Fund, #1440-1918, in the amount of
$689,232.33.
General Revenue Fund, Boulevard Bank, #35, in the
amount of $40,544.50.
General Revenue Fund, Marathon Bank, #12, in the
amount of $15,528.45.
General Revenue Fund, First American Bank #12, in
the amount of $22,019.10.
General Revenue Fund FRS, #56-58, in the amount of
$22,019.10.
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Supplement to the General Revenue Fund, #48, in
the amount of $2,045.77.
Fine & Forfeiture Fund, #120-124, in the amount of
$362,924.92.
Road & Bridge Fund, #120-124, in the amount of
$2,045.77.
Airport Revenue Fund, #61-64, in the amount of
$76,404.81.
Airport Operation & Maintenance Fund, #53-55, in the
amount of $8,251.48.
Law Library Fund, #42-43, in the amount of $209.37.
Card Sound Bridge Revenue Fund, #61-63, in the amount
of $9,585.64.
MSD Tax District, #159-166, in the amount of
$142,274.92.
Workmens Compensation, #176-183, in the amount of
$2,231.01.
MSD Tax District #100-B, #53,54,56,58,60,61,62,63,
in the amount of $8,979.55.
MSD Tax District #72, #53,54,56,57,58,59,60,61,63,
in the amount of $15,629.71.
MSD Tax District #73, #53,54,55,56,57,58,60,61,62,63,
in the amount of $89,229.68.
MSD Tax District #74, #53,54,56,57,61,62,63, in the
amount of $3,806.47.
MSD Tax District #75, #53,54,57,58,60,61,63, in the
amount of $5,823.17.
MSD Tax District #76, #53,54,56,57,58,60,61,62,63, in
the amount of $11,095.17.
MSD Tax District #100-A, #53,54,56,57,58,60,61, in
the amount of $2,868.87.
MSD Tax District #100-C, #53,54,55,56,57,58,60,61,
62,63, in the amount of $93,382.27.
MSD Tax District #100-H, #53,54,55,56,57,58,60,61,
in the amount of $87,169.97.
MSD Tax District #500-L, #53,54,56,58,60,61,63, in
the amount of $2,921.67.
Motion carried unanimously.
OFFICIAL CORRESPONDENCE
A letter from the Sheriff was acknowledged by the
Board concerning the hiring of Hamilton Eugene Lowe, Deputy,
effective November 17, 1981.
PUBLIC HEARINGS
A public hearing was held on a proposed ordinance
providing that the Code of Ordinances, County of Monroe, be
amended by revising Chapter VI and Chapter XVII thereof,
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entitled "Building and Construction," etc.
Proof of publica-
tion was entered into the records.
Motion was made by Chairman
Dolezal and seconded by Commissioner Sorensen to read the
ordinance by title only if there was no objection from any
members of the public.
Motion carried unanimously.
Explanatio
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was given to the public by the Director of Planning Department.
After public discussion a motion was made by Chairman Dolezal
and seconded by Commissioner Sorensen to adopt the following
ordinance revising Chapter VI and Chapter XVII of the Monroe
County Code entitled "Building and Cosntruction," etc.
Motion
carried unanimously.
ORDINANCE NO. 10-1981
See Ord. Book No. 5 which is incorporated herein by reference.
A public hearing was held on a proposed ordinance
establishing special assessments and service charges for gar-
bage collection rates for residential and commercial collection
service from January 1, 1982 through December 31, 1982.
Proof
of publication was entered into the records.
Motion was made
by Chairman Dolezal and seconded by Commissioner Sorensen to
read the ordinance by title only if there was no objection
from any members of the public.
Motion carried unanimously.
Explanation was given to the public by the Manager of the Mun-
icipal Service District, Mr. Aguero.
There was no public parti
cipation.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Sorensen to adopt the following
ordinance establishing special assessments and service charges
for garbage collection rates for residential and commercial
collection service from January 1, 1982 through December 31,
1982.
Motion carried unanimously.
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ORDINANCE NO. 11-1981
See Ord. Book No. 5 which is incorporated herein by reference.
UNFINISHED BUSINESS
A Lease with North American Airlines for space at
the Marathon Airport was presented to the Board by the County
Attorney.
After discussion a motion was made by Commissioner
Sorensen and seconded by Chairman Dolezal to adopt the followin!
resolution authorizing the Chairman of the Board of County
Commissioners to execute a Lease with North American Airlines
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for space at the Marathon Airport subject to FAA review.
Motion carried with Commissioner Harvey voting no.
RESOLUTION NO. 349-1981
See Res. Book No. 25 which is incorporated herein by reference.
The Board discussed a Lease with the Public Defender
for office space in the Dameron Building in Key Largo. Motion
was made by Commissioner Hernandez and seconded by CommissioneI
Harvey to adopt the following resolution authorizing the Chair-
man to execute a three (3) year Business Lease by and between
Stephen Salzman, as agent for Sheldon Salzman and the Board of
County Commissioners for space at the Dameron Building, Key
Largo, at a cost of $850.00 per month.
Motion carried
unanimously.
RESOLUTION NO. 350-1981
See Res. Book No. 25 which is incorporated herein by reference.
The Board combined discussion of a request for a
Referendum in District VI, Key Largo, for the purpose of
approving the purchase of one (1) Quick Attack Rescue Pumper
and an item requesting the call for Referendum by the Key Large
Volunteer Ambulance to have modular patient compartment of 197E
Chevrolet Ambulance remounded on new 1982 chassis and refur-
bished.
These items involved a Referendum for certain capital
equipment in Special Tax District No.6. Motion was made by
Commissioner Hernandez and seconded by Commissioner Harvey
to authorize the County Attorney to advertise a Special Refer-
endum Election to be held in February 1982 for the purpose of
purchasing fire apparatus in Special Tax District No.6.
Motion carried with Commissioner Sorensen voting no.
Motion
was made by Commissioner Hernandez and seconded by CommissioneI
Harvey authorizing the advertisement for Special Referendum
Election for February 1982 for the purpose of purchasing a new
chassis for an ambulance in District 6. Motion carried with
Commissioner Sorensen voting no.
The County Attorney's Office
was instructed to prepare the necessary resolutions and
advertisements to be forwarded to the Supervisor of Elections.
The County Attorney reported on the status of the
lawsuit regarding Venture Out.
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Tom Sireci, Attorney representing residents in
Venture Out, addressed the Board regarding the supplemental
billing from the Municipal Service District (Garbage). Motion
was made by Commissioner Hernandez and seconded by Commissioner
Harvey to postpone action on this item until December 15, 1981
and asking that a report from the Legal Department regarding
the exemption status be submitted to the Board. Motion carried
unanimously.
Representatives from the Tavernier Historical Society
addressed the Board regarding the restoration of certain
historical buildings in the Tavernier area.
Motion was made
by Commissioner Hernandez and seconded by Commissioner Sorensen
authorizing a contribution of $4200.00 from the Contingency
Account of the General Revenue Fund to the Society for the
moving of the Methodist Church building subject to the opinion
of the County Attorney regarding the expenditure of public
monies.
The County Attorney was also instructed, if necessary,
to prepare an ordinance complying with the request from the
Clerk's Office.
Motion carried unanimously.
OPENING OF BIDS
The next item was the opening of sealed bids for
construction of public facility at Harry Harris Park.
Proof
ob publication was entered into the records.
The Clerk
advised the Board that there were no bids on the table.
Motion was made by Commissioner Hernandez and seconded by
Commissioner Harvey instructing the County Attorney to re-
advertise the project with bid openings to occur in January.
Motion carried unanimously.
UNFINISHED BUSINESS
Motion was made by Commissioner Sorensen and
seconded by Commissioner Hernandez to strike an item from the
agenda concerning disposal of septic tank pumpings in the
Municipal Service District.
Motion carried unanimously.
Motion was made by Chairman Dolezal and seconded by
Commissioner Hernandez to postpone until December 15, 1981
a request from the Port Pine Heights with reference to lights
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per report from Mr. Wright, Road Coordinator.
with Commissioner Sorensen voting no.
The County Attorney reported that the Florida
Cabinet would be meeting on December 8, 1981 regarding the
Motion carried
Audobon Society's petition concerning the Florida Keys
Aqueduct Authority and asked for approval to travel to
Tallahassee. Motion was made by Chairman Dolezal and seconded
by Commissioner Hernandez to approve travel of the County
Attorney and any Commissioner wishing to attend the Cabinet
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Meeting.
Motion carried unanimously.
The County Attorney reported on the lawsuit concern-
ing the Palms of Is1amorada.
Motion was made by Chairman
Dolezal and seconded by Commissioner Hernandez to authorize
the County Attorney to file a Cross Claim in :the lawsuit if
necessary.
Motion carried unanimously.
The County Adminis-
trator was instructed to obtain proposals for Error and
Omission Insurance and submit them to the Board at the earliest
possible date.
The County Attorney reported that are-hearing
regarding the payment of attorney fees on the Sauls Case
was set for December 2, 1981 at 2:00 P.M.
The County Attorney advised the Board that the
Tourist Development Tax Ordinance took effect December 1, 1981
and that the Department of Revenue is forwarding the forms to
the affected businesses and that the County would probably
receive its first monies in February, 1982.
OPENING OF BIDS
Next item was the opening of sealed bids for the
leasing and improvements of the Coffee Shop and Lounge located
at the Key West International Airport.
Proof of publication
was entered into the records. The Clerk announced that only
one (1) bid had been received from the law firm of Albury,
Morgan and Hendrick.
After discussion a motion was made by
Commissioner Sorensen and seconded by Commissioner Hernandez
to reject all bids and return the bid submitted un-opened
advising the party that the project would be re-bid under
different terms and specifications.
Motion carried unanimous1
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Next item was the opening of sealed bids for the
leasing of five (5) translator sites.
Proof of publication
was entered into the records.
The Clerk announced that there
were no bids on the table.
Motion was made by Commissioner
Harvey and seconded by Commissioner Hernandez to postpone this
item until December 15, 1981 in order for the Clerk to report
on any bids that may have been postmarked prior to 5:00 P.M.,
November 30, 1981.
Motion carried unanimously.
LEGAL DEPARTMENT
Motion was made by Commissioner Sorensen and secon-
ded by Commissioner Harvey to adopt the following resolution
authorizing the Chairman of the Board of County Commissioners
as the governing body of the Municipal Service District to
approve and execute an Addendum to that certain contract dated
November 17, 1981, by and between the Board of County Com-
missioners, and Acme Services Unlimited, Inc. Motion carried
unanimously.
RESOLUTION NO. 351-1981
See Res. Book No. 25 which is incorporated herein by reference.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Harvey to adopt the following resolu-
tion concerning receipt of unanticipated funds.
Motion carried
unanimously.
RESOLUTION NO. 352-1981
RESOLUTION NO. 353-1981
See Res. Book No. 25 which is incorporated herein by reference.
Motion was made by Commissioner Hernandez and
seconded by Chairman Dolezal to adopt the following resolution
transferring funds for fiscal year 1980-81.
During discussion
of this item Commissioner Sorensen brought out problems regard-
ing the capability of keeping accurate records regarding
expenditures by departments under the jurisdiction of the
County Administrator.
He instructed the County Administrator
to come up with a recommendation as to how a more comprehensive
process could be instituted regarding approved budgets and
actual expenditures.
Motion carried with Commissioner Hernan-
dez absent and Commissioner Sorensen voting no.
RESOLUTION NO. 354-1981
See Res. Book No. 25 which is incorporated herein by reference.
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Motion was made by Chairman Dolezal and seconded by
Commissioner Harvey to adopt the following resolution trans-
ferring funds for fiscal year 1981-82. Motion carried with
Commissioner Hernandez absent.
RESOLUTION NO. 355-1981
See Res. ~ook No. 25 which is incorporated herein by reference.
REQUEST TO ADDRESS THE BOARD
Mr. Bailey, representing the Salvation Army, addres-
sed the Board regarding his organization's involvement in the
Monroe County Criminal Justice process and their need for space
in the Upper Keys.
The Board took the matter under considera-
tion.
No action was required at this time.
REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR
The County Administrator's items were taken at this
time.
Motion was made by Commissioner Hernandez and seconded
by Commissioner Sorensen authorizing the payment in the amount
of $1,709.00 to Mullins, Connor and Rhyne, P.A., for legal
services on the translator suit.
Payment is to come from the
funds established for the Translator Committee. Motion carried
with Commissioner Harvey absent.
The County Administrator presented bills from the
Fine Arts Council of Monroe County and a request for an ap-
propriation of $3,600.00 in the 1981-82 Budget.
Motion was
made by Commissioner Hernandez to establish a Budget in the
amount of ~S,600.00.
He received no second to his motion.
Motion was then made by Commissioner Sorensen and seconded by
Chairman Dolezal to establish a Budget in the amount of $2,500. 0
for the Fine Arts Council.
During discussion a motion was
made by Commissioner Hernandez and seconded by Chairman Dolezal
to postpone this item until December 15, 1981. Motion carried
with Commissioner Sorensen voting no and Commissioner Harvey
absent.
Motion was made by Commissioner Sorensen and secon-
ded by Chairman Dolezal to deny request to submit a grant for
the Monroe County Health Department's unit facilities moder-
ization.
Motion carried with Commissioner Harvey absent.
Motion was made by Commissioner Sorensen and seconded
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by Chairman Dolezal to authori~e and amend the Budget of the
Sheriff of Monroe County per the recommendation of the Florida
Cabinet in the amount of $5,578,351.00.
Motion carried with
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Commissioner Hernandez voting no and Commissioner Harvey absent
Motion was then made by Chairman Dolezal and seconded by Com-
missioner Hernandez to authorize the Clerk to re-advertise the
Budget and to negotiate for sealed proposals from all banking
institutions in the County for the borrowing of $1,102,000.00
on Tax Anticipation Notes.
Motion carried unanimously.
Motion was made by Chairman Dolezal and seconded by
Commissioner Sorensen to postpone an item concerning payment of
an invoice to R. W. Taylor Steel Company in the amount of
$129,161.00 until December 15, 1981. Motion carried unanimous 1 .
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Motion was made by Commissioner Harvey and seconded
by Commissioner Hernandez to authorize the opening of the
landfill sites on Thursdays and Saturdays to the general public
free of charge. Motion carried unanimously.
Motion was made by Commissioner Sorensen and seconded
by Chairman Dolezal to postpone until December 15, 1981 a
report from Commissioner Harvey and Commissioner Blair concern-
ing a meeting with the Sheriff on additional money for his
Motion carried unanimously.
The County Administrator was requested to reduce to
writing a report regarding a meeting with Post Office officials
Budget.
in Key West and that it be submitted to the Board by December 1 ,
1981.
Motion was made by Commissioner Hernandez and
seconded by Chairman Dolezal requesting the Consulting Engineer
to prepare plans and specifications and necessary documentation
for the installation of lights at the Card Sound Road Inter-
Motion carried unanimously.
Commissioner Sorensen discussed with the Board the
need for staff workshops and requested that beginning with the
section.
December 15, 1981 meeting workshops be held with members of the
staff between 9:30 A.M. and 11:00 A.M., and that this procedure
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be implemented for a period of 60 days.
Commissioner Sorensen
received no support for this change in administrative operatio
procedures.
Motion was then made by Commissioner Hernandez and
seconded by Commissioner Sorensen to approve the Minutes for
the month of November, 1981 and authorized the Clerk to correc
teh Minutes of November 4, 1981 to read that the Clerk was
authorized to re-negotiate and the Chairman to execute a
resolution and Tax Anticipation Notes authorized by Referendum
in the Special Tax Districts with an interest rate of 9.5
percent effective November 1, 1981.
Motion carried unanimously
There being no further business before the Board the
meeting was adjourned promptly at 5:00 P.M.
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on
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