04/26/1982 Special
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Special M2eting
Board of Coonty Carmissioners
Monday, April 26, 1982
10:00 A.M., Key West, Fla.
A special neeting of the Beard of Coonty Carmissioners
convened on April 26, 1982 at 10:00 A.M., at the Carmissioners
Chambers, 302 Fleming street, Key West, Florida. Present and
answering to roll call were Carmissioner Curt Blair, Carmissioner
Wilhelminia Harvey, Carmissioner Jerry Hernandez, Jr., and
Chairman George Dolezal. Carmissioner Ken SOrensen was absent.
Also present were Danny L. Kolhage, Deputy Clerk; Lucien Proby,
Coonty Attorney; Kermit Lewin, Coonty Administrator; members of
the Coonty staff; rrembers of the coonty's Engineering Finn; nem-
hers of the Press and Radio; and interested citizens.
All stood and recited the Lord's Prayer and the Pledge
of Allegiance to the Flag.
Mayor Dolezal discussed the purposes for which the
rreeting was called. Chairman Dolezal also established guidelines
of ten minutes for discussion and ten minutes for questioning
concerning items brought before the Beard this day.
Prior to the start of the neeting, the Coonty
Actni.nistrator introduced Mr. Alan Lessler, the new Director of
Building/planning/Zoning, and indicated that his employrrent
would begin effective immediately.
Mr. Proby proceeded to describe the newly enacted Sales
Tax Bill and its .irrp3.ct on Malroe Coonty, particularly
as concerns the County's outstanding obligation for addi tiooal
funds granted to the Sheriff by the State Cabinet subsequent to
the budget hearing process. Mr. Proby advided the Beard that
there would be two (2) additional sessions of the Legislature in May
and June at which ti.rre, anendnents to the Sales Tax Bill could be
considered to take care of this problem. Mr. Ervin Higgs,
Property A{:praiser, and Mr. John IB'lt, Attorney for Property
Awraiser, discussed J;X>ssible alternatives for Malroe Coonty con-
cerning the i.rrpa.ct of the Sales Tax Bill and specifically nen-
tioned the J;X>ssibility of filing a suit for declaratory judgement
to obtain relief for Malroe Coonty concerning the prior obligation .
for additional funds granted to the Sheriff's Budget by the
Cabinet subsequent to the Coonty's budget process.
Mr. Jim Baker, of the Mlmicipal Service District
discussed the newly required aggregate millage situation as it
affects the M:>D. MYtion was nade by Chairman Dolezal and
seconded by Carmissioner Harvey instructing the Coonty Attorney
to initiate a lawsuit vs. the Governor and the Cabinet as the
Adninistrati ve Carmission; the DepartIrent of Revenue and Randy
Miller as Executive Director of the DepartIrent of Revenue; to
seek a declaratory decree to determine the Coonty' s fiscal
resJ;X>nsibility concerning the 1981-82 Sheriff's budgetary alloca-
tions of $l, 400 , 000 . 00 as determined by the Administration
Carmission so as to grant the County relief as concerns this
unfunded sum and seek an interpretation of House Bill 2 so as to
use funds mandated in calculating the 1982-83 Budget; to also use
any and all other rreans to seek relief of this unfunded sum to
include appearance on call of the Special Legislative Session so
as to anend said bill; to also use any and all other rreans as
they appear to determine solution to this problem and to employ
co-counsel, if necessary, to include any and all relative expenses.
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Roll call vote taken with the following results:
Carmissioner Blair Yes
Carmissioner Dolezal Yes
Carmissioner Harvey Yes
Carmissioner Hernandez Yes
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Motion carried unanirrously. Discussion on this matter con-
tinued. Carmissioner Blair discussed the Sales Tax Bill.
Motion was made by Carmissioner Blair and seconded by
Carmissioner Harvey instructing the County Attorney to continue
his assessment of the affects of the Sales Tax LaJislation on
MQ'lroe County and to prepare a list of cptions available to the
Board should the County not be successful in the suit. Also
establishing a ccmni ttee to look into Tax Relief and Tax Reform
consisting of Mr. Proby, Mr. Iewin, Carmissioner Blair and
Carmissioner Harvey. Roll call vote was taken and carried
unanirrously.
Mayor Dolezal then discussed the second i tern Q'l the
agenda which is the Border Patrol Roadblock. Mr. Charles
Wardlow, Sr. of Key VEst discussed the problem and actions
that \Ere being taken by the various governental bodies. Mr.
Lawrence Garez also spoke about the roadblock. Mr. Henry
Rosenthal of the Islanorada Chamber of Camerce indicated that
the Chamber had passed a resolution unanirrously in opposition
to the roadblock. Carmissioner Harvey then discussed actions
that \Ere being taken by the Board of County Carmissioners , both
individually and collectively, to eliminate the roadblock.
Carmissioner Blair also discussed the roadblock and its i.rrpact
on the Camty. MJ-tion was made by Carmissioner Blair and
seconded by Carmissioner Harvey to recess the neeting concerning
this portion of the agenda until t.oImorrow, April 27, 1982 at
5: 00 P.M. at the Indies Inn on Duck Key for the purpose of
neeting with Mayor Wardlow, of Key west; the Chambers of Camerce
of the Florida Keys; Mr. Rinkovitch, of the Federal Task Force;
and representives of the Miami Citizens Against Crime, for the purpose
of negotiating the roadblock situation. Roll call vote was taken
and carried unanirrously.
Mayor Dolezal then discussed the third i tern on the
agenda which was a request for a special neeting of the Board of
County Carmissioners by the members of the ZQ'ling Board.
Carmissioner Hernandez described to the public the
background of Mr. Alan Lessler, the new Director of Building,
Planning and Zoning. Mr. Alan Lessler then addressed the Board
and the public and indicated that he was enthusiastic about his
new position and was ready to proceed to help f.b1roe County
solve their planning problem;. '!he following nembers of the Zoning
Board \Ere present: Mr. Bob Levitt, Mr. Gene Rhodus, and Mr. Roy
Bryd. Also Mr. Joe Miklas, Attorney for Ms. Dagney Johnson, who
could not be present at the neeting. Mr. Bob Devitt of the
ZQ'ling Board discussed three areas of concern:
1. The lack of effectiveness of the Zoning Board.
2. The lack of camnmication between the ZQ'ling Board
and the Board of Camty Carmissioners.
3. .AQ?earances of irrproprieties as alleged by State
Agency.
Mr. Gene Rhodus of the Zoning Board discussed and made suggestions
for the creation of a separate Zoning Board to hear major deve-
10ptEIlts. Ms. Allison Faherer, President of the Isaac Whaltan
League, discussed possible irrprovE![[ents to the structure and pro-
cedure. Ms. Marie Landry, of Big Pine Key discussed Land Use Map and
the Major DeveloptEIlt Ordinance. Mr. William VEstray of the
Florida Keys Coalitian supported the resolution presented by
Carmissioner Blair at the previous neeting concerning the re-
organization of the zoning Board. Mrs. Grace Manello discussed
ZQ'ling categories. Mr. Etl Klasky of the Upper Keys Citizens
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Association discussed zoning Board rules and procedures. Mr. Jim
Lewis, Chairman of the Zoning Board, then entered the rreeting and
was recognized by the Chairman. He proceeded to discuss the con-
duct of Zoning Board ~tings and also suggestions of inpropriety
by a state Agency. Board requested that the zoning Board rrake
wri tten recamendations to the Board of Camty Carmissioners for
possible inproverrents to the entire process. Mayor Dolezal then
rrade a stat.e.Irent indicating that he saw no inproprieties existing
at the present tine concerning any nembers of the zoning Board.
He also discussed briefly the Grand Jury's findings and reports
and other rratters concerning the zoning Board. Mr. Tittle
addressed the Board concerning the site of rreetings.
Carmissioner Hernandez then discussed the zoning process and
possible changes thereto the existing \'.Orkload and also the con-
fusion concerning the four-fifth vote requirements. Carmissioner
Harvey discussed the presentation rrade by zooing Board M3nbers
and applauded their willingness to inprove the system.
Motion was rrade by Carmissioner Harvey and seconded by
Chairman Dolezal to adjourn the rreeting. Roll call vote was
taken and carried unaniroously.
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