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09/09/1981 Regular r w 161 I o. I i --- Regular Meeting Board of County Commissioners September 9, 1981 continuation of September 8, 1981 Meeting 1:00 P.M., Key West A regular meeting of the Board of County Commis- sioners convened on September 9, 1981 for the purpose of continuing the regular meeting of September 8, 1981. The Clerk called the roll. Present were Commis- sioners Hernandez, Sorensen and Chairman Dolezal. Also present were Mr. White, County Clerk; Mr. proby, County Attorney; Mr. Lewin, County Administrator; members of the Press and Radio and interested citizens. Motion was made by Chairman Dolezal and seconded by Commissioner Sorensen to allow an item pertaining to the Sherif to be heard first. Motion carried unanimously. OFFICIAL CORRESPONDENCE AND INFORMATION The Sheriff addressed the Board regarding approval 0 Budget Amendments. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to approve the following Budget Amendments of the Monroe County Sheriff for fiscal year 1980-81: 1.62 W Current Transfer of Amended Budget Funds Budget A. Salary of Sheriff $ 29,958.00 -0- $ 29.958.00 B. Salaries of Deputies 1.936.889.00 -0- 1,936,889.00 C. Matching Funds 379.168.00 -0- 379.168.00 D. Expenses Other than Salaries 1.235,030.00 $50,000.00 1,285,030.00 E. Equipment 136.000.00 -0- 136.000.00 F. Investigations 30,000.00 -0- 30,000.00 G. Contingencies 50,000.00 -0- -0- H. Salary Incentive 50.000.00 -0- 50,000.00 Total $3,846.685.00 ($50,000.00) $3,846,685.00 Motion carried unanimously. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Mayor Dolezal advised the Board of a letter of resignation from Mr. Andrew Tobin, Attorney, effective October 1981, concerning the County's Agreement with the State Attorney s Office for prosecution of violations of special laws and ordinances. The Chairman also advised the Board that he was in receipt of a letter from Mr. Zue1ch. States Attorney, stat- ing that he did not want this arrangement any more and would provide an Attorney from each area of the Keys for prosecution of violations of special laws and ordinances waiving the $15.000.00 compensation that he had been receiving. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to postpone this item until Mr. Zuelch could be present. Motion carried unanimously. The Chairman next discussed Redistricting of the Board. Commissioner Sorensen read an opinion from Mr. William Roberts. Counsel for the State Association of County Com- missioners. The County Attorney was instructed to research the Statutes to determine if the requirements for passage of redestricting was 3/5 or 4/5 vote. This item was postponed until the County Attorney could research the issue. During discussion of the next item Commissioner Harvey entered and was seated. Commissioner Hernandez discussed his ideas for re- organization of the Zoning Board. Commissioner Sorensen also W 163 made some remarks and asked that this item be combined with his item, re-vamp of the Building Department. After brief discus- sion a motion was made by Commissioner Sorensen and seconded by Chairman Dolezal to postpone this item for two (2) weeks. Motion carried unanimously. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS Mr. Zue1ch, States Attorney. was now present. The Board resumed discussion regarding the resignation of Mr. Tobin concerning the Assistant State Attorney position for the prose- cution of zoning matters. He recommended that the Board turn over this to the State Attorney to handle as they do all their cases and advised that he was not in need of the funds for the position. Motion was made by Commissioner Sorensen and secon- ded by Commissioner Harvey instructing the County Administrator to send a letter of thanks to Mr. Tobin for a job well done. During discussion the motion was amended to include the presentation of a plaque. Motion carried unanimously. Mr. Proby now reported back concerning re-districting Lengthy discussion ensued. at this time. Motion was made by Commissioner Sorensen and seconded No action was taken on this item by Commissioner Harvey to take up an item under the Legal Depar ment next. Motion carried unanimously. LEGAL DEPARTMENT Motion was made by Commissioner Sorensen and secon- ded by Chairman Dolezal to adopt the Administrative Procedures for the Monroe County Zoning Board which were adopted at the Zoning Board Meeting of August 20, 1981 and recommended by staff. Motion carried unanimously. Mr. Stickney. Public Works Director, reported back on the problems with the Street Sweeper recently purchased. He recommended that the Chairman appoint a committee to negotiate concerning the purchase of a new Street Sweeper and report back to the Board. Commissioner Sorensen nominated Commissioner Hernandez and Commissioner Harvey to the Committee. The Chair- man concurred with the members appointed and advised the Com- mittee to do whatever they have to do to proceed with the 164 I W acquisition of an operable street sweeper. Commissioner Sorensen discussed the Old Methodist Church in Tavernier. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to postpone this item until the next Plantation Key meeting. mously. Motion carried unani- Commissioner Harvey was scheduled to request a special meeting in Key West on the Tourist Tax. taken. No action was Commissioner Blair entered and was seated at this time. LEGAL DEPARTMENT Next item was the County Attorney's report on the Tourist Development Tax. Motion was made by Commissioner Sorensen and seconded by Commissioner Hernandez to postpone this item for two (2) weeks. Roll call vote was taken and carried unanimously. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS The Board discussed hurricane shutters for the Key Largo Elementary School. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair instructing the County Administrator to accept proposals for hurricane shut- ters for the Key Largo Elementary School main building and that he report back to the Board at their next meeting for their consideration. Motion carried unanimously. Commissioner Hernandez discussed the disposition of derelict and abandoned mobile homes. This item was referred to Mr. Stickney and Mr. Proby for research. Commissioner Hernandez discussed the deadline for agenda items and asked that the County Administrator take any Commissioners items for the agenda even if they are past the deadline. The Board continued discussion concerning Redestrict ing. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to amend the proposal by keeping the Districts the same as they currently exist. During discussion a motion was made by Commissioner Blair and seconded by W 165 Commissioner Sorensen to amend the proposal that Precinct 3 be included in District 3. and Precincts 12 and 13 be included in District 1 in order not to divide the Black Community into two (2) Districts. Commissioner Harvey moved to postpone the item until September 22. 1981 so that all the recommendations may be taken into consideration. No second was received to this motio . The Board then heard from Mr. Emory Major, a leader in the Black Community. who asked that the Board consider his plan on September 22, 1981 meeting. Motion was then made by Commission r Hernandez and seconded by Commissioner Harvey to postpone this item and the County Attorney was instructed to determine the legality of uniformity between the plan and that of the Board of County Commissioners'. During discussion Commissioner Sorensen asked that on the motion to postpone that the maker of the motion withdraw it and accept a substitute motion that the Commission accepts this as a preliminary report with the Districts changed, Commissioner Harvey's District being Dis- trict 1. Commissioner Hernandez's District being District 2. an that District 3 be in the Lower Keys and that this be accepted as a preliminary report and be distributed to the public and that it be discussed and final adoption be made on September 22 1981. Commissioner Hernandez accepted the substitute motion. Commissioner Harvey withdrew her second. Commissioner Blair seconded the substitute motion. Commissioner Hernandez made a motion that any other plan may be submitted to the Board to be considered on September 22, 1981. Roll call vote was taken on the motion and carried unanimously. Motion was then made by Commissioner Hernandez and seconded by Commissioner Sorensen to accept for review any other written plan that is submitted to the Board five (5) days prior to the September 22. 1981 meeting. Motion carried unanimously. Commissioner Blair discussed a grant application for a planning proposal with the Department of Veterans and Com- munity Affairs. Motion was made by Commissioner Blair and seconded by Chairman Dolezal to adopt the following resolution authorizing the Chairman of the Board to execute an application 166 W for grant funds to be issued to Monroe County, Florida, by the Florida Department of Veterans and Community Affairs under the Local Government Comprehensive Planning Assistance Program. During discussion Commissioner Harvey made a motion to postponE No second was received to her motion. Motion to postpone failed for lack of a second. The Board recessed and will resume discussion of this motion later in the meeting. Motion was made by Commissioner Blair and seconded by Commissioner Sorensen to adjourn all future meetings at 5:00 P.M. unless there is a four-fifth majority to continue. Roll call vote was taken and carried with Commissioner Hernan- dez and Chairman Dolezal voting no. REPORTS AND CORRESPONDENCE OF BOARD MEMBERS The Board returned to the item concerning the grant application with the Department of Veterans and Com- munity Affairs under the Local Government Comprehensive Plan- ning Assistance Program. Roll call vote was taken on the motion to adopt the resolution and carried with Commissioner Havey and Commissioner Hernandez voting no. RESOLUTION NO. 260-1981 See Res. Book No. 24 which is incorporated herein by reference. Commissioner Blair discussed the Marathon Housing Program. Motion was made by Commissioner Blair and seconded by Commissioner Harvey to authorize the Attorney to research the Agreement with HUD and that he take whatever action he feels is necessary to intervene to insure the County's liability. During discussion the motion was postponed. The Attorney was instructed to report back to the Board at the next meeting. Commissioner Sorensen and Commissioner Blair left the meeting at this time. LEGAL DEPARTMENT Motion was made by Commissioner Hernandez and seconded by Mayor Dolezal to postpone an item concerning Homestead Exemption status for property zoned RU-6 until the next Marathon meeting. Motion carried unanimously. An item concerning a report on a petition for road abandonment filed by Don Pinder will be rescheduled at a later date. I W 167 Next item was a report on suit filed by the Middle Keys Citizens Association. Inc.. with regards to Ordinance No. 20-1980 (Lobster Trap Ordinance). The Attorney advised tha the County had filed a motion to dismiss. No action was taken. Motion was made by Commissioner Hernandez and secon- ded by Commissioner Harvey to adopt the following resolution authorizing the Chairman of the Board to execute an Amendment to Contract by and between the Monroe County Commissioners and the Area Agency on Aging for Dade and Monroe Counties for Title III-C of the Older Americans Act, USDA Meals. Motion carried unanimously. RESOLUTION NO. 266-1981 See Res. Book No. 24 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey to adopt the following resolutions concerning unanticipated funds. Motion carried unanimously. RESOLUTION NO. 267-1981 RESOLUTION NO. 268-1981 See Res. Book No. 24 which is incorporated herein by reference. The County Attorney reported on the Marathon Library and advised the Board that construction had begun last week. Motion was made by Commissioner Hernandez and seconded by Commissioner Harvey instructing the County Administrator and the County Attorney to assign someone the responsibility of overseeing the project as a "Clerk of the Works" and report back to the Board for approval of the Board. Motion carried unanimously. The Administrator advised the Board that Mr. Duncan of Duncan Ford advised him that he had found a 1981 Truck (new) with Service Body for the Municipal Service District. Action regarding this item was taken at the August 25. 1981 meeting. No other action was necessary. Commissioner Hernandez moved the adjournment of the meeting. Public Hearing - Budget September 9, 1981 - 5:30 P.M. Key West, Florida A second public hearing on the Budget for fiscal year 1981-82 was held on the above date. This was a continuatic 1 1.68 W of the hearing of September 8, 1981 and was held pursuant to Chapter 129 and 200 of the Florida Statutes. Present and answering to roll call were Commissioner Curt Blair, Com- missioner Wilhelmina Harvey, Commissioner Jerry Hernandez. Jr. Commissioner Ken Sorensen and Chairman George Dolezal. Also present were Ralph W. White, Clerk; Lucien proby, County Attorney; Kermit Lewin. County Administrator; members of the Press and Radio; and a standing room only crowd of private citizens. All stood for the Invocation and Pledge of AllegiancE to the Flag. The Board considered the following Funds and Budgets for fiscal year 1981-82: General Revenue Fund. Fine and Forfeiture Fund. Monroe County Transportation Trust Fund, Airport Revenue Fund. Airport Operation and Maintenance Fund, Airport Development and Replacement Fund. 1965 Building Certificates. Law Library. Card Sound Bridge Interest and Sinking, Card Sound Bridge Revenue Fund, Monroe County Work- men's Compensation Trust Fund, 1981 Improvement Bonds Fund. and Capital Projects Fund. Municipal Service District (Waste). Municipal Service Tax Districts 100A. 100B. 100C. 100H, 3. 500L, 5001, 4, 5. 6. The Chairman introduced all the Constitutional Officers that were present. The Sheriff addressed the Board regarding his Budget request. The Clerk explained the millage process to the public and answered several questions. The Chairman then opened the hearing to the public. The following individuals spoke: 1. Mr. Edward Swift 2 . Dr. Herman Moore 3. Mr. Hugh Murphy 4. Mr. Roy McClain 5. Mr. Peter Bac1e 6 . Mr. John Church 7 . Mr. Chris Belland W 169 - 8 . Mr. Mark Folmar 9. Mr. Larry Nettles 10. Ms. Ida Barron II. Mr. Paul J. Sher 12. Ms. Celia Wintroble 13. Mr. Jay Thompkins 14. Ms. Virginia Panico, Hotel and Motel Assoc. 15. Mr. Anthony "Shorty" Ulchar 16. Ms. Lorraine Sawyer 17. Mr. Me1 Levitt 18. Mr. Steve Eid 19. Mrs. Gladys Andrelchik 20. Mr. Ed Czaplicki, Key West Business Guild 2I. Rev. John Day, United Newman Church 22. Mr. Lawrence Gomez 23. Mr. Neil Chancellor, "Cutback" 24. Mr. Wolfgang Schleu 25. Mr. Alan Sanchez 26. Ms. Estella Rylander 27. Mr. David Alea 28. Mr. Mike Puto The Chairman declared the meeting in recess in order to hold a public hearing on the District 2 Budget. Public Hearing - Budget District 2 A public hearing was held on September 9, 1981 on the District 2 Budget. This was the second of three (3) public hearings scheduled and a continuation of the public hearing of September 8, 1981. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Jerry Hernandez, Jr., Commissioner Gerald Partney and Chairman George Dolezal. Also present were Ralph W. White, Clerk; Danny Kolhage, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; Reggie Paros, EMS Coordinator; members of the Press and Radio; and general public. The Board heard from Mr. Randy Mearns, President of the Marathon Fire Department who explained the Budget of the department. ~OW Commissioner Hernandez moved that the Budget be set at 15 percent increase over last years Budget. This motion was withdrawn. Motion was made by Commissioner Hernand z and seconded by Commissioner Partney to adopt the revised Budget in the amount of $258,873.00 and a millage of .832. Motion carried unanimously. There being no further business before the District 2, Board of Governors, the meeting was recessed until September 22, 1981 at 5:05 P.M., in Marathon. Motion carried unanimously. Public Hearing - Budget continued The public hearing on the proposed Budget for Fiscal Year year 1981-82 re-convened with all Commissioners and staff that were present earlier in attendance. Motion was made by Commissioner Harvey and seconded by Commissioner Hernandez to rescind all prior actions of the Board of County Commissioners pertinent to the Sheriff's Budget and General Operating Budgets of the Board of County Commissioners for fiscal year 1981-82 which granted him a total Budget of 5.9 million dollars and roll back to zero and start allover. During discussion Commissioner Hernandez asked Sheriff Freeman if he was willing to withdraw his Appeal to the Governor. Sheriff Freeman indicated that he was not willing to withdraw his appeal. Roll call vote was taken on the motion with the following results: Commissioner Blair Commissioner Harvey Commissioner Hernandez Commissioner Sorensen Chairman Dolezal No Yes Yes No No Motion failed. Motion was then made by Commissioner Blair and seconded by Commissioner Sorensen to roll the millage back to that which will produce the same tax revenue as last fiscal year. During discussion this motion was withdrawn. Motion was made by Commissioner Sorensen and seconded by Commissioner Blair to allow a 15 minute recess. Motion carried unanimously. There were a couple of members of the public that wer W 171 not heard earlier who requested to be heard at this time. Motion was made by Commissioner Sorensen to deny any public participation at this time but if there were any questions afte - the motions were made that they would be heard then. No second was received to his motion. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to rescind the actions of the Board of County Commissioners in it's entirity concerning the Sheriff's Budget of 5.9 million and the General Operating Funds. Motion carried unanimously. Motion was then made by Commissioner Sorensen and seconded by Commissioner Hernandez to use last years rolled back millage plus .222 (7 percent overall increase from last years Budget) and establish the following Budgets and Millages for fiscal year 1981-82: Health Clinic General Revenue Fund Fine & Forfeiture Fund Monroe County Transportation Trust Fund Airport Operation & Maintenance Airport Development & Replace- ment 1965 Certificates of Indebted- ness Law Library Card Sound Bridge I&S Card Sound Bridge (Operating) Workmen's Compensation Self- Insurance Fund 1981 Improvement Bonds Fund Capital Projects Fund Total - Municipal Service Tax District (Waste) MSD I&S Fund Tax District 100A Tax District 100B Tax District 100C Tax District 100H Tax District 2 Tax District 3 Tax District 500L Tax District 4 Tax District 5 Tax District 6 $10,308,796.27 4,978,280.00 5,204,88I.OO 330,950.00 75,000.00 937,072.00 46,150.00 481,349.85 199,400.15 594,070.00 665,327.00 1,450,803.00 $25,272,079.27 $ 6,333,09I.OO 3,514,476.00 143,562.00 128,070.00 189,915.00 211,886.00 258,873.00 171,776.00 33,798.00 108,406.00 185,538.00 214,244.00 .104 I.624 1.886 * .052 3.614 I.049 1.892 2.114 1.699 1. 208 .832 2.757 1.638 .600 .706 .648 and directing the County Administrator to apply the differences in the cut back equally in percentage among the Departments of the Board of County Commissioners prior to the next public hearing on September 22, 1981. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Sorensen to approve the Sheriff's Budget at last years figures plus 10 percent as follows: 1.72 W Original Request-Approved Budget (A) Salary of the Sheriff (B) Salaries of Deputies & Assistants (C) Matching Funds (Social Security & Retirement) (D) Expenses Other Than Salaries (E) Equipment (F) Investigations (G) Reserve for Contingencies (H) Salary Incentive Program Total $ 33,669.00 4,040,134.00 $ 33,669.00 2,130,578.00 765,801.00 2,848,147.50 1,292,857.80 40,000.00 455,781.00 110,000.00 $9,586,390.30 417,085.00 1,357,422.00 149,600.00 33,000.00 55,000.00 55,000.00 $4,231,354.00 Roll call vote was taken and carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to adopt the Millage of 3.614 for fiscal year 1981-82 and the existing millage in the other Accounts be approved as set and reconsidered at the Public Hearing on the Budget advertised for September 22, 1981 including all Special Districts. Roll call vote was taken and carried unanimously. The Property Appraiser briefly addressed the Board. The Board also heard from Mr. Paul Sher and Mr. Jack Che11and. There being no further business before the Board a motion was made by Commissioner Sorensen and seconded by Com- missioner Blair to continue the public hearing until September 1, 1981 at 5:05 P.M. Motion carried unanimously. I 11