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08/29/1989 Regular QQ 001 Regular Meeting Board of County Commissioners Tuesday, August 29, 1989 Tavernier A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. on the above date at the Elks Club in Tavernier. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner Eugene Lytton, Commissioner John Stormont, and Mayor Michael Puto. Also present were Danny L. Kolhage (entered the meeting late in the day); Rosalie L. Connolly, 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. COMMUNITY SERVICES Airport Services Peter Horton, Assistant County Administrator, addressed the Board regarding a proposed Resolution authorizing execution of the FBO Agreement with Keys Air, Inc. concerning premises at the Marathon Airport. Sheri Smallwood, attorney for Keys Air, Inc., and Donald Craig, Assistant County Administrator/Growth Management, also addressed the Board. After lengthy discussion, Commissioner Stormont made the following recommendations for changes to the proposed Agreement: Page 2, Paragraph C. Remove the following words in the fourth line thereof: "/or contained in". Page 3, Paragraph D. Remove the following words in the fourth line thereof: "/or contained in". Page 4, Paragraph c. words after the words fourth line thereof: Code and wi th " . Insert the following "subject to" in the "the Monroe County Page 5, sixth line from the top. Insert a period after the word "extend". Page 6. Delete the first full paragraph on said page beginning with the words "It is expressly agreed" and insert the following in lieu thereof: ~'" "Lessee shall not take physical occupation or have the use of any additional premises covered by this Lease over and above those premises defined as attached Exhibit B until commencement of this Lease as described in Article I, Section E, nor shall Lessee conduct any activities outside the framework of the previous extended initial lease until the commencement of this Lease as described in Article I, Section E." QQ 002 Page 10. Insert the following at the end of Paragraph b: "However, obligations of obtaining and operating a Fixed Base Operation are those of the Lessee and no assignments shall be made which materially diminish the obligations of the Lessee in the obtaining, construction and operation of a Fixed Base Operation." Page 15, Paragraph BB, eleventh line: Insert a period after the word "here- under" and delete all other words following thereafter. Page 16, Paragraph EE: Delete the word "Lessor" at the end of said para- graph and insert the word "Lessee" in lieu thereof. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to incorporate all of the above recom- mendations into the proposed Agreement and bring it back to the Board. Roll call vote was taken.with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Stormont Yes Mayor Puto No Motion carried. Motion was then made by Commissioner Harvey and seconded by Commissioner Lytton to adopt a Resolution to authorize execution of the Lease Agreement as amended. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton No Commissioner Stormont No Mayor Puto No Motion failed. MISCELLANEOUS Frank Merklein addressed the Board on behalf of Monroe Cinema Cable Company regarding an application to receive a franchise for the purpose of providing a com- petitive cable system to Monroe County residents. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Lytton to direct the County Administrator to proceed with evaluation of this proposal against the current Ordinance. Motion carried unanimously. Motion was then made by Commissioner Lytton and seconded by Commissioner Jones to authorize an expenditure not to exceed $3,500.00 from the Commission's Contingency Fund for use by the County Administrator in employing professional cable franchise attorneys to assist in the evaluation of this pro- posal. Motion carried unanimously. COUNTY ADMINISTRATOR The Board entered into a discussion concerning the proposed renewal of the County Administrator's Employment QQ 003 Agreement. The following persons addressed the Board in support of the proposed renewal: Earl Cheal, individually and on behalf of the Florida Keys Citizens Coalition (along with the presentation of petitions signed by more than two hundred County residents); Betty Vail, representing Jim Lewis Real Estate Company and Land Matters, Incorporated; and Jay Miller from Islamorada. Tom Brown, County Administrator, addressed the Board. Motion was made by Commissioner Jones to extend the current Contract of the County Administrator for two years. Motion died for lack of a second. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Stormont to adopt the following Resolution authorizing execution of a three-year Employment Agreement with Thomas W. Brown for the purpose of employing him as Monroe County Administrator. Motion was made by Commissioner Jones to amend the foregoing motion to provide for a two-year Employment Agreement. Motion to amend died for the lack of a second. The County Administrator was directed to amend the sixth paragraph on Page 2 of the Job Description attached to the Contract to remove the word "legal," before the words "and purchasing procedures." Roll call vote on the original motion was una- nimous. RESOLUTION NO. 486-1989 See Res. Book No. 82 which is incorporated herein by reference. PUBLIC HEARINGS -- A Public Hearing was held on a proposed Ordinance creating Chapter 12.5, Monroe County Code, in order to pro- vide for an occupational license requirement effective October 1, 1989 for persons, firms or corporations engaged in the commercial harvesting of saltwater products in the waters of or adjacent to Monroe County who maintain a regu- lar business presence in Monroe County and who possess a Department of Natural Resources saltwater products license; providing a definition of business presence; providing that the tax shall be due annually in the amount of $18; exempting from this chapter the sale of aquacultural pro- ducts, pisciculture products and tropical fish farm pro- ducts; providing for a collection procedure; providing for penalties and enforcement for violations of this chapter; repealing Section 12-19(3), Monroe County Code; amending Section 12-19(5), Monroe County Code, restricting the vending of saltwater products to licensed retail and whole- sale dealers and peddlers and commercial fishermen; and amending Section 12-3(6), Monroe County Code, which will subject persons engaged in peddling saltwater products to an annual occupational license tax of $30 per year; exempting from the definition of peddling persons licensed under Section 12-19, Monroe County Code, or Chapter 12.5, Monroe County Code, or persons engaged in the transpor- tation of saltwater products; and which will provide that the requirements of Monroe County Code Section 12-52 shall apply to saltwater products peddling including the applica- tion procedures, the $1,000 bond requirement if no prin- cipal place of business is maintained in Monroe County, the appointment of the Tax Collector as the saltwater products peddler's agent for service of process, and the requirement that the saltwater products peddler applicant be investi- gated by the Tax Collector for the public good and the other requirements of Monroe County Code Section 12-52 con- cerning the entrance to premises, refusing to leave premi- ses, and misrepresentation; providing for severability; providing for the repeal of all Ordinances inconsistent QQ 004 herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. Mot~on.was made by Commissioner Stormont and seconded by Comm1SS1oner Harvey to read by title only. Motion carried unanimously. Pam Martin addressed the Board on behalf of Organized Fishermen of Florida. Jeff Fisher, Extension Services Director, addressed the Board. After discussion, motion was made by Commissioner Jones and seconded by Commissioner Harvey to continue to the next Key West meeting. Motion carried una- nimously. A Public Hearing was then held to consider a Map Change Request from Arthur Shadek and Joseph Harrison to change from NA to SR/UC the 103 acres of property located in Key Largo at Mile Marker Ill, SR 905. Donald Craig, Assistant County Administrator/Growth Management Division, addressed the Board. Proof of publication was entered into the record. Fred Tittle and Doug Halsey, counsel on behalf of the applicants, addressed the Board. The following per- sons then addressed the Board in opposition to the requested change: Sven Linskold, representing the Florida Keys Chapter of the Izaak Walton League; Michael Chenoweth, representing the Isaak Walton League, the Upper Keys Citizens Association, and Friends of the Everglades; Dagny Johnson, representing the Upper Keys Citizens Association; Ann Northrup. Doug Halsey spoke to the Commission. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Department's recommendation for denial. Roll call vote was unanimous. BOARD OF APPEALS Donald Craig, Assistant County Administrator/Growth Management Division, addressed the Board concerning the appeal of the Planning Commission's decision to issue a Development Order denying the expansion of the Island Plaza Shopping Center. Fred Tittle, attorney for the applicant Key Largo Associates, addressed the Board. Mr. Craig addressed the Board. Mr. Tittle spoke in rebuttal. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Jones to adopt the following Resolution to uphold the decision of the Planning Commission and deny the appeal based on substantial competent evidence of record supporting the findings of the Planning Commission and the absence of any evidence brought to the attention of the Board to support the appeal. RESOLUTION NO. 487-1989 See Res. Book No. 82 which is incorporated herein by reference. Motion was then made by Commissioner Stormont and seconded by Commissioner Lytton to amend the foregoing motion to indicate that it is felt that the intent of the Planning Commission was not to deny a shopping center but simply deny this particular plan for a shopping center and modify the Planning Commission's Resolution 7-89 to additionally convey that a reapplication be consistent with the April 27th transcript conditions' intent where not in conflict with Section 3 concerning guidelines for reapplication for con- ditional use. During discussion, the amendment was withdrawn by the maker and the seconder. Roll call vote on the original motion was unanimous. QQ 005 PUBLIC HEARINGS The Board entered into a discussion of the proposed Fiscal Year 1990 Budget. The following persons addressed the Board: Arlene Reiser on behalf of the Monroe County Fine Arts Council and Susan Olsen on behalf of the Key West Art and Historical Society. Motion was made by Commissioner Lytton and seconded by Mayor Puto to continue until tomorrow. Motion carried unanimously. SOUNDING BOARD Joe D'Aiuto, representing Warren Ortenblad and Marathon Fuel Farm, addressed the Board concerning their requested rent rebate. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Harvey to continue this matter to the next Marathon meeting. Motion carried unanimously. Kelley Lacombe addressed the Board regarding the recently passed "Noise Ordinance" - Ordinance No. 025-1989. After lengthy discussion regarding amendments to this Ordinance concerning times, motion was made by Mayor Puto and seconded by Commissioner Lytton to authorize advertising for one hearing only a proposed Ordinance amending the current Ordinance. Motion carried unanimously with Commissioner Stormont not present. The Board then discussed a committee to be made up of interested affected parties to work on a totally new "Noise Ordinance" and Mayor Puto appointed Commissioner Jones to be Chairman of this commit- tee. DIVISION OF PUBLIC SAFETY Reggie Paros, Assistant County Administrator, introduced Jeffrey S. Hirsh, attorney, who discussed the hospital liens for medical expenses incurred by John Starke. Mr. Hirsh requested a compromise regarding the settlement of these liens for the trauma patient. The Board directed County Attorney Ludacer, County Administrator Brown, and Assistant County Administrator Paros to meet with Mr. Hirsh regarding this matter and report back to the Board as early as possible. There being no further business, the meeting was adjourned. * * * * * -