07/29/1993 Special 93/357
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Thursday, July 29, 1993
Key Colony Beach
A Special Meeting of the Monroe County Board of County
Commissioners convened at 1:30 P.M. on the above date at Key
Colony Beach City Hall. Present and answering to roll call were
Commissioners Earl Cheal, Shirley Freeman, Wilhelmina Harvey,
Mary Kay Reich, and Mayor Jack London. Also present were Isabel
C. DeSantis, Deputy Clerk; Randy Ludacer, County Attorney; Tom
Brown, County Administrator; County Staff; members of the Press
and Radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey to approve Additions, Corrections and
Deletions. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Lynda Stuart, Office Manager of the Tourist Development
Council, addressed the Board. Motion was made by Commissioner
Reich and seconded by Commissioner Harvey granting approval to
advertise a Request for Qualifications for the position of
Marketing Director. Motion carried unanimously.
County Attorney, Randy Ludacer, and Tim Green, Vice-
Chairman of the Tourist Development Council, addressed the Board.
MANAGEMENT SERVICES
Motion was made by Commissioner Harvey and seconded by
Commissioner Freeman granting approval of plant requisitions in
the combined amount of $20,208. 00 for the Cudjoe Key Highway
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Beautification Project.
DISCUSSION OF PIGEON KEY LEASE
County Attorney, Randy Ludacer, discussed the Pigeon
Key Historic Park, Inc. , v. Monroe County lawsuit, Case #93-
10244-CA-18, seeking Injunctive Relief against Monroe County.
Mr. Ludacer read and admitted certain documents into official
record. Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to table this discussion until such time as
there is either a ruling made or the Petition for Injunction is
withdrawn or such time as it is acted on. Roll call vote was
taken with the following results:
Commissioner Cheal No
Commissioner Freeman No
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London No
Motion failed.
Sharon Hamilton, attorney, for the Pigeon Key
Historical Park, and Michael Halpern, attorney, for the Pigeon
Key Foundation, addressed the Board.
The Board agreed to any member of the Pigeon Key
Advisory Committee who may have any additional information to
report, he/she may address the Board. Marie Fisher, of the
Pigeon Key Advisory Committee addressed the Board.
The following individuals addressed the Board:
Michael Halpern, attorney for Pigeon Key Foundation;
Special Litigation Counsel, Jim Hendrick; Planning Director,
Lorenzo Aghemo; David Tibbetts, Vic DeSanctis, Dennis Beebe,
Trisha Stone, Thomas Fraelich, Ray Thacker, Leona C. Slater,
Bettye Chaplin, Richie Morretti, representing the Marathon Old
Town Merchants Association; Rick Parendes, William Wilkinson, Roy
de Give, and Lauri MacLaughlin.
The Board held discussion concerning the Pigeon Key
Request for Proposal (RFP) and the Lease Agreement. After
discussion, motion was made by Commissioner Reich and seconded by
Commissioner Harvey to reject all proposals and re-advertise.
Roll call vote was taken with the following results:
Commissioner Cheal No
Commissioner Freeman No
Commissioner Harvey Yes
Commissioner Reich Yes
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Mayor London No
Motion failed.
Joe Hammond, member of the Pigeon Key Advisory
Committee, addressed the Board.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to add the following amendments to Page 1 of
the Lease Agreement:
In the second WHEREAS, add the words "historic
preservation and education" between the words "activities relate
to" and "marine research".
In the sixth WHEREAS, add the words "for and was
accepted" between the words, "did apply" and "for designation" .
In the seventh WHEREAS, add the words "historic
building" between the words "will require that" and "the
renovations be executed" .
Add the following WHEREAS clause on Page 2 of the Lease
Agreement:
"WHEREAS, the County Commission finds that the
activities and services of the TENANT promotes tourism and will
enhance the experience of visitors to the Florida Keys; and".
Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich No
Mayor London Yes
Motion carried.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to add Section 3 . C) , on Page 4, of the
Lease Agreement, as follows:
C) "Research programs undertaken by the TENANT or
associated organizations must specifically be those which will
help to restore and maintain a healthy marine environment in and
around Monroe County and shall include but not be limited to the
benefit of Monroe County. Education programs must be those which
deal with the history and environment of Monroe County. The
TENANT shall not permit clients/guests/visitors to conduct
collecting marine resources within one half mile of the island" .
Roll call vote was taken with the following results:
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Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich No
Mayor London Yes
Motion carried.
Motion was made by Commissioner Freeman and seconded by
Commissioner Harvey to add the following amendments to the Lease
Agreement:
In the third WHEREAS, add the word "can" after the
words "unique organization which" and delete the letter "s" in
the word "provides" in the same sentence.
In the last paragraph of Page 3, add the words "the
time period of 180 days shall be tolled in the event of any
litigation which will impede the progress of the work" after the
words "during the first" in the same paragraph. Roll call vote
was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich No
Mayor London Yes
Motion carried.
After discussion, motion was made by Commissioner Cheal
and seconded by Commissioner Harvey to add the following
amendment to the Lease Agreement:
The TENANT hereby agrees to waive any claim for damages
that it may sustain should this lease be declared invalid for any
reasons. Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich No
Mayor London Yes
Motion carried.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting approval of the Pigeon Key Lease,
as amended. Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
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i
Commissioner Harvey No
Commissioner Reich No
Mayor London Yes
Motion carried.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich granting approval to add the discussion of the
new Big Pine Key Library to the Agenda. Motion carried
unanimously.
County Administrator, Tom Brown, addressed the Board
concerning the purchase of property located at the Winn Dixie
Shopping Center on Big Pine Key for the location of the new Big
Pine Key Library. Motion was made by Commissioner Cheal and
seconded by Commissioner Harvey authorizing the County
Administrator to seek appraisals and negotiate the purchase price
of the property for the location of the new Big Pine Key Library,
and report back to the Board with recommendations. Motion
carried unanimously.
There being no further business, the meeting was
adjourned.
Clerk to .the Board of County
Commissioners of Monroe County
aCila C• A12744
Deputy Clerk