11/03/1981 Regular
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Regular Meeting
Board of County Commissioners
Tuesday, November 3, 1981
Marathon, Florida
A regular meeting of the Board of County Commission-
ers convened on the above date.
Present and answering to roll
call were Commissioner Wilhelmina Harvey, Commissioner Jerry
Hernandez, Jr., Commissioner Ken Sorensen, Commissioner Curt
Blair, and Chairman George Dolezal.
Also present were Ralph W.
White, Clerk; Danny L. Kolhage, Deputy Clerk; Lucien proby,
County Attorney; Kermit Lewin, County Administrator; members of
the staff; members of the 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 Sorensen and secon-
ded by Chairman Dolezal to approve the following items in bulk
if there was no objection from any Board Member:
LEGAL DEPARTMENT
Board adopted the following resolution authoriz-
ing the Chairman of the Board of County Commissioner
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of Monroe County, Florida, to execute a Contract
by and between the Board of County Commissioners of
Monroe County, Florida, and the United States of
America regarding services for acceptance and dis-
posal of animals on government property.
RESOLUTION NO. 309-1981
See Res. Book No. 24 which is incorporated herein by reference
Board adopted the following resolution authoriz
ing the Chairman of the Board of County Commissioner
of Monroe County, Florida, to execute a Sign Lease
by and between the County of Monroe, State of
Florida, and Alamo Rent-A-Car, Inc.
RESOLUTION NO. 310-1981
See Res. Book No. 24 which is incorporated herein by reference
Board adopted the following resolution authoriz
ing the Chairman of the Board of County Commissioner
of Monroe County, Florida, to execute a Sign Lease
by and between the County of Monroe, State of
Florida, and Nor-Mar Joint Venture d/b/a Key Colony
Point.
RESOLUTION NO. 311-1981
See Res. Book No. 24 which is incorporated herein by reference
Board adopted the following resolution con-
cerning receipt of unanticipated funds from dona-
tions.
RESOLUTION NO. 312-1981
See Res. Book No. 24 which is incorporated herein by reference
Board adopted the following resolution con-
cerning receipt of unanticipated funds from other
governmental agencies.
RESOLUTION NO. 313-1981
RESOLUTION NO. 314-1981
RESOLUTION NO. 315-1981
RESOLUTION NO. 316-1981
RESOLUTION NO. 317-1981
See Res. Book No. 24 which is incorporated herein by reference
Board adopted the following resolution trans-
ferring funds.
RESOLUTION NO. 318-1981
See Res. Book No. 24 which is incorporated herein by reference
REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Board approved an amendment whereby the Board
of County Commissioners of Monroe County, Florida
and the Dade-Monroe Mental Health Board, Inc.,
entered into an Agreement supplementing the contract
for Baker Act services for fiscal year 1979-80.
Board authorized a refund in the amount of
$25.00 to William E. Gilligan due to overpayment on
Competency Card.
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Board authorized a request from the City of
Key Colony Beach to become lead applicant for 201
Facilities Grant.
Board adopted the following resolutions con-
cerning Transportation Program Title XX for fiscal
year 1981-82:
Resolution authorizing the Chairman of the
Board of County Commissioners of Monroe County,
Florida to execute a Contract by and between
the State of Florida, ~epartment of Health
and Rehabilitative Services, and the Board of
County Commissioners of Monroe County, Florida.
(Public Donor Contract).
RESOLUTION NO. 319-1981
See Res. Book No. 24 which is incorporated herein by reference
Resolution authorizing the Chairman of the
Board of County Commissioners of Monroe County,
Florida, to execute a Contract by and between
the State of Florida Department of Health and
Rehabilitative Services, and the Board of Count
Commissioners of Monroe County, Florida, for
Monroe County Social Services Transportation
Program. (Fixed Rate Contract - Title XX
Matching Funds)
RESOLUTION NO. 320-1981
See Res. Book No. 24 which is incorporated herein by reference
Board adopted the following resolution authoriz
ing the Chairman of the Board of County Commissioner
of Monroe County, Florida, to execute a Contract by
and between the Area Agency on Aging for Dade and
Monroe Counties - United Way of Dade County, Inc.,
and the Board of Monroe County Commissioners for
Big Pine Key Multi-Purpose Senior Center constructio .
RESOLUTION NO. 321-1981
See Res. Book No. 24 which is incorporated herein by reference
Board authorized execution of an Agreement
with Naomi Osterhoudt authorizing admission to the
Monroe County Home, Adult Congregrate Living
Facility for the Elderly, Level II.
REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD
Board authorized payment to Mullin, Connor &
Rhyne, P.C., in the amount of $1,859.07 on Trans-
lator Suit.
Board authorized the Clerk to re-negotiate
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Board adopted the following resolutions:
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Resolution authorizing the Chairman of the ,Boar
of County Commi~sioners of Monroe County,
Florida to execute an Agreement by and between
Monroe County, Florida and Peoples Title
Company for copies of Official Records Books.
RESOLUTION NO. 322-1981
See Res. Book No. 24 which is incorporated herein by reference
Resolution authorizing the Chairman of the Boar
of County Commissioners of Monroe County,
Florida to execute an Agreement by and between
Monroe County, Florida and Cunningham, Albritto
and Lenzi, P. A. for copies of Official Records
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Books.
RESOLUTION NO. 323-1981
See Res. Book No. 24 which is incorporated herein by referenc .
Board approved the following Warrants for
October, 1981:
WAR RAN T S
General Revenue Fund, #1-1091, in the amount
of $1,401,245.86.
General Revenue Fund, Marathon Bank, #11, in
the amount of $4,959.98.
General Revenue Fund, First American Bank, #11
in the amount of $30,757.78.
General Revenue Fund FRS, #50-54, in the
amount of $243,148.20.
Supplement to the General Revenue Fund, #43-
45, in the amount of $42,255.59.
Fine & Forfeiture Fund, #109-116, in the
amount of $13,337.67.
Road & Bridge Fund, #86-91, in the amount of
$81,293.28.
Airport Revenue Fund, #56-58, in the amount
of $116,677.74.
Airport Operation & Maintenance Fund, #48-51,
in the amount of $30,438.99.
Airport Development & Replacement Fund, #19,
in the amount of $11.35.
Law Library Fund, #37-40, in the amount of
$960.25.
Card Sound Bridge Revenue Fund, #56-59, in
the amount of $19,237.86.
MSD Tax District,#141-155, in the amount of
$336,951.95.
Workmens Compensation, #162-172, in the amount
of $3,316.00.
Board adopted the following resolution inviting
the Marathon Lodge No.
F&AM to conduct cornerston
laying ceremonies at the Marathon Library.
RESOLUTION NO. 324-1981
See Res. Book No. 24 which is incorporated herein by reference
Motion carried unanimously.
The Board then discussed re-organization which is
scheduled for the first Tuesday in November in accordance with
the Board's Administrative Policies. After discussion a motio
was made by Commissioner Sorensen and seconded by Commissioner
Hernandez to postpone re-organization for two (2) weeks.
Roll call vote was taken and carried unanimously.
UNFINISHED BUSINESS
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Motion was made by Commissioner Sorensen and secon-
ded by Chairman Dolezal to disapprove payment for street
lights at Venture Out and Cudjoe Cay, Inc., by the County.
Roll call vote was taken and carried with Commissioner
Hernandez voting no.
The Board discussed the Report of forfeited vehicleE
submitted by the Sheriff.
Motion was made by Commissioner
Blair and seconded by Commissioner Sorensen directing the
County Administrator to request the Sheriff to attend the
next meeting of the Board to give details and explain the
disposition of the proceeds of the sale of forfeited vehicles.
Roll call vote was taken and carried unanimously.
Commissioner Hernandez discussed the position of
Assistant Manager in the Municipal Service District.
After
considerable discussion a motion was made by Commissioner
Hernandez and seconded by Commissioner Sorensen to abolish
the position of Assistant Manager in the Municipal Service
Tax District (Waste).
Roll call vote was taken with the
following results:
Commissioner Blair
Commissioner Harvey
Commissioner Hernandez
Commissioner Sorensen
Chairman Dolezal
No
No
Yes
No
Yes
Motion failed.
The Board then discussed the request for
confirmation of the appointment of Mr. Pete Webber in accordan e
with the request of Mr. Charles Aguero, Manager of the Distric .
Motion was made by Commissioner Hernandez and seconded by
Chairman Dolezal to postpone confirmation to the next meeting.
Roll call vote was taken and carried with Commissioner Harvey
and Commissioner Sorensen voting no.
REQUEST TO ADDRESS THE BOARD
Charlotte St. John presented the Board with the
District Mental Health Plan.
After discussion a motion was
made by Commissioner Blair and seconded by Commissioner
Sorensen to approve the District Mental Health Plan.
Motion
carried unanimously.
The Board also directed Mr. Lewin to
set up a workshop between the Board, representatives of the
Dade-Monroe Mental Health Board and representatives of the
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Mental Health Clinics in the Keys and to notify the Board of
the proposed date for the workshop.
LEGAL DEPARTMENT
Motion was made by Commissioner Sorensen and seconde
by Commissioner Blair to adopt the following resolution
incoroporating a biological assessment into the records con-
cerning application of G. Brock Hook and Marilyn J. Hook for
an "after-the-fact" permit to repair and expand a previously
existing riprap groin and boat ramp.
RESOLUTION NO. 325-1981
See Res. Book No. 24 which is incorporated herein by reference
The Board recessed for lunch.
Board of Governors, District 2
2:00 P.M.
The Board of Governers, District 2 convened at 2:00
P.M., November 3, 1981 at Marathon, Florida.
Present and
answering to roll call were Commissioner Feiner, Commissioner
Harvey, Commissioner Hernandez, Commissioner Partney and
Chairman Dolezal.
Also present were Ralph W. White, Clerk;
Lucien Proby, County Attorney; members of the Press and
Radio; and interested citizens.
Motion was made by Commissioner Harvey and seconded
by Commissioner Hernandez to adopt the following resolution
transferring funds.
Motion carried unanimously.
RESOLUTION NO. 4-1981
See Res. Book "A" which is incorporated herein by reference.
The Board discussed the proposed contract with
Fishermen1s Hospital for fiscal year 1981-82.
Mr. Joe
Suitor, Administrator of Fishermen1s Hospital discussed the
request.
Motion was~ade by Commissioner Feiner and seconded
by Commissioner Partney to adopt the following resolution
authorizing the Chairman of the Board of Governors of Municip<
Service Taxing District No. 2 to execute an Agreement between
Municipal Service Taxing District No.2 and Fishermen1s
Hospital, Inc. Motion carried unanimously.
RESOLUTION No. 5-1981
See Res. Book "A" which is incorporated herein by reference.
There being no further business, the District 2,
Board of Governors Meeting was adjourned.
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Regular Meeting re-convened
The regular meeting re-convened with everyone presen .
REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR
The Board discussed the request of Harry F. Knight,
Tax Collector, to send supplementary billing to Venture Out
and Outdoor Resort Subdivisions.
After discussion a motion
was made by Commissioner Sorensen and seconded by Commissioner
Blair to approve the request.
After further discussion a
motion was made by Commissioner Harvey and seconded by Com-
missioner Blair to postpone this item for two (2) weeks.
Roll call vote was taken and carried with Commissioner
Hernandez voting no.
LEGAL DEPARTMENT
Motion was made by Commissioner Sorensen and
seconded by Commissioner Hernandez to adopt the following
resolution by and between Monroe County and the City of
Key West and authorizing the Chairman to execute same con-
cerning ambulance service. Motion carried unanimously.
RESOLUTION NO. 326-1981 Res. Book No.2
REPORTS AND RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Mr. Lewin discussed the Pa1guta Appeal.
He advised
the Board that he was in receipt of a request from Mrs.
Pa1guta for a re-hearing of her appeal.
Motion was made by
Commissioner Harvey and seconded by Commissioner Hernandez
to allow for a re-hearing in the case which was an appeal of
the decision of the Board of Adjustment.
Roll call vote was
taken and carried with Commissioner Sorensen and Chairman
Dolezal voting no.
Motion was then made by Commissioner
Blair and seconded by Commissioner Sorensen directing that
the Board receive any new information concerning the re-hearin
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on the appeal by Mrs. Pa1guta by 4:00 P.M., on the Tuesday
before the Board Meeting at which the re-hearing is scheduled.
Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Chairman Dolezal to approve payment of Application
No.2 to Avanto Construction Company in the amount of $93,095. 0
for construction of the Marathon Library.
During discussion
the motion was amended to provide that payment of all future
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invoices were authorized to be made by the Finance Department
of the Clerk1s Office upon approval of the Architect and
the Clerk of the Works, Mr. Stickney.
The Board also rescind d
previous action which requires all payments to be approved
specifically by the Board of County Commissioners.
Roll
call vote was taken and carried with Commissioner Harvey
and Commissioner Hernandez voting no.
Mr. Lewin advised the Board that he was in receipt
of correspondence from Ocean Reef relative to their request
for a meeting to be held in that area.
Mr. Lewin advised
the Board that the schedule provided that the meeting of
December 1, 1981 will be held in Ocean Reef and that as
before access to Ocean Reef would be made available to all
members of the public desiring to attend the meeting.
Mr. Lewin discussed the Martello Towers Project
and the grant with the State of Florida.
He advised the
Board that he had been informed at the State level that no
funding would be made available to the County for any expen-
ditures made on the existing contract subsequent to Septem-
ber 30, 1981.
Mr. Lewin also advised the Board that the con-
tractor had experienced delays due to adverse weather con-
ditions which extended his completion date beyond September 3 ,
1981 and that it appeared that $3,500.00 of anticipated
reimbursements from the State of Florida for this project
would not be forthcoming.
Motion was then made by Commission r
Sorensen and seconded by Commissioner Harvey to refer this
item to the County Attorney and request a report back to the
Board.
Motion carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Commissioner Blair to adopt the following
resolution concerning Veterans Day.
Motion carried
unanimously.
RESOLUTION NO. 327-1981
See Res. Book No. 24 which is incorporated herein by referenc .
Chairman Dolezal briefly discussed the purchase of
gasoline for the stations on the Keys.
Commissioner Sorensen questioned the County Admin-
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istrator on the status of the proposed ordinance changes to
the Monroe County Zoning Ordinance in connection with the
restructuring of the Building, Planning and Zoning Departments
Motion was made by Commissioner Sorensen and seconded by
Commissioner Blair directing the County Administrator, Mr.
Lewin, and the County Attorney, Mr. Proby, to proceed with
the advertising of the ordinance amendments immediately.
Motion carried unanimously.
The Board discussed the proposed renovations of
the Sheriff substation on Stock Island to accomodate sixteen
(16) more trustees.
Motion was made by Commissioner Blair
and seconded by Commissioner Hernandez to postpone this item.
Motion carried unanimously.
Motion was made by Commissioner
payment
by Commissioner Harvey to approve/thedu~s
Blair and seconded
of
for the South
Florida Regional Planning Council.
Roll call vote was taken
and carried with Commissioner Hernandez voting no.
-- At this point in the meeting Commissioner Sorensen
requested a point of personal privilege which was granted
by the Chairman.
Commissioner Sorensen then addressed the
Board and advis~d them that representatives of the Audubon
Society were this date before the Cabinet requesting to be
heard concerning the removal of all permitting privileges
from the local level concerning development in the Keys.
The Chairman advised the Commission that it would take up this
item in further detail at the end of the regular agenda.
Mr. Paros discussed a request for a referendum in
District 6 for the purchase of 1 Attack Rescue Pumper.
Motion
was made by Commissioner Sorensen and seconded by Commissioner
Hernandez to postpone consideration of this item until the Boat~
had received further information and documentation concerning
the need for the equipment.
Motion carried unanimously.
Next item was consideration of an AICUZ Variance for
Jay and Elliot J. Lefkowitz to construct a duplex on Lot 16,
Block 14 of Boca Chica Ocean Shores Subdivision, as recorded in
Plat Book 5, page 49 and located in Section 27, Township 67
South, Range 26 East, Geiger Key, zoned RU-2, AICUZ Zone C-2 &
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C-3.
Motion was made by Commissioner Blair and seconded by
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Commissioner Hernandez to continue consideration of this
item for two (2) months.
Roll call vote was taken and carrie
with Commissioner Sorensen voting no.
Motion was made by Commissioner Blair and seconded
by Commissioner Hernandez to delete certain items from
County Inventory from the Health Department1s inventory that
are missing. During discussion this motion was withdrawn
by the maker. Motion was then made by Commissioner Blair
and seconded by Commissioner Sorensen to refer the report to
the County Attorney for his investigation and report back to
the Board.
Roll call vote was taken and carried unanimously.
Mr. Aguero made a report concerning the disposal of
out of County hospital waste.
Motion was made by Commissione
Sorensen and seconded by Chairman Dolezal to postpone con-
sideration of this item for two (2) weeks.
During discussion
the motion was withdrawn.
Motion was made by Commissioner
Sorensen and seconded by Commissioner Hernandez to accept a
report and recommendations of Mr. Aguero as outlined in his
letter dated October 27, 1981 and to authorize the preparatiol
of a contract with Environmental Pollution Control Service
in Miami with the following conditions:
(1) A disposal fee of $25.00 per ton.
(2) Termination of a ten (10) day written notice.
(3) Company being serviced to furnish personnel
to unload delivery vehicles.
(4) Vehicles to be unloaded at the convenience of
the District.
Said contract is to be retroactive to the date that the
District actually began to dispose of these materials.
Roll
call vote was taken and carried unanimously.
Motion was made by Commissioner Sorensen and
seconded by Chairman Dolezal to postpone consideration of
an item concerning disposal of septic tank pumpings.
Motion
carried unanimously.
Motion was made by Commissioner Blair and seconded
by Commissioner Harvey to approve payment to R. W. Taylor
in the amount of $88,895.00, Project No. 802-043.00, Monroe
County Solid Waste Disposal Facilities.
Motion carried
unanimously.
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Motion was made by Commissioner Harvey and seconded
by Commissioner Blair to transfer the sum of $8,500.00 from
the Contingency Account to an account in the Budget of the
Board of County Commissioners to be used for the reimbursement
of the Translator Committee.
Roll call vote was taken and
carried with Commissioner Sorensen absent and Chairman Dolezal
voting no.
REPORTS AND CORRESPONDENCE OF BOARD MEMBERS
Motion was made by Commissioner Blair and seconded
by Chairman Dolezal instructing the County Attorney to prepare
and authorizing the Cnairman to execute a resolution in
support of the institution of a Baccalaureate Nursing Program
at Florida International University.
Motion carried unanim-
ously.
RESOLUTION NO. 328-1981
See Res. Book No. 24 which is incorporated herein by reference
Commissioner Hernandez discussed and presented infor
mation on the cost of living raises effective October 1, 1981.
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During discussion a motion was made by Commissioner Hernandez
instructing the County Administrator to adjust all salaries
to reflect an increase of not more than $1200.00 per employee
effective October 1, 1981.
Motion died for lack of a second.
Motion was then made by Commissioner Hernandez and seconded
by Commissioner Harvey instructing Mr. Lewin to prepare and
submit to the Board a detailed report explaining the differenc s
in salaries to specific individuals receiving more than
$1200.00 increases authorized by the Board effective
October 1, 1981.
Roll call vote was taken and carried
unanimously.
REPORTS AND RECOMMENDATIONS FROM THE CLERK TO THE BOARD
MDtion was made by Commissioner Sorensen and seconde
by Commissioner Blair authorizing the County Attorney to file
for a re-hearing in the matter of an order concerning the case
of State of Florida vs. Sauls concerning the setting of costs.
Roll call vote was taken and carried unanimously.
Motion was made by Commissioner Blair and seconded
by Commissioner Sorensen to continue all items on the agenda
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not taken up this date.
Motion carried unanimously.
The Board then discussed and heard from Mr. Tittle
concerning representatives of the Audubon Society who were
appearing before the Cabinet in Tallahassee this date
relative to the permitting process of local governments and
developments in Monroe County.
After considerable discussion
a motion was made by Commissioner Sorensen and seconded by
Commissioner Hernandez to direct the County Attorney to con-
tact the Governors Office and request that no action be taken
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until both sides of the issue can be formally presented to
the Cabinet and also until after the finding of the Governors
Technical Advisory Committee are published and made known to
the Governor.
Also directing Mr. proby to take whatever.
action necessary to defend the County's position in this matt r.
Also authorizing Mr. Proby to employ Mr. William Roberts to
represent the County in this matter if he feels it necessary
up to five hours at his usual rate of pay.
During discussion
Mr. Jim Lewis, Chairman of the Monroe County Zoning Board als
addressed this matter.
After considerable discussion Com-
missioner Sorensen withdrew his motion.
Motion was then made
by Commissioner Blair and seconded by Commissioner Harvey to
instruct the Assistant County Attorney, Mr. Reed to contact
Mr. Proby in Tallahassee and direct him to gain whatever
information he can concerning the presentation before the
Cabinet concerning permitting and development in Monroe Count
and to take whatever steps he deems necessary to protect the
County's interest and report back to the Board.
Motion
carried unanimously.
There being no further business the meeting was
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adjourned.
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