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05/23/2008 Public Hearing/Special 110 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Public Hearing Board of County Commissioners Friday, May 23,2008 Marathon, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Key Largo Library. Present and answering to roll call were Commissioner Mario DiGennaro, Commissioner George R. Neugent, Commissioner Dixie M. Spehar and Mayor Charles "Sonny" McCoy. Commissioner Sylvia Murphy arrived shortly after the meeting began. Also present at the meeting were Roman Gastesi, County Administrator, Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS & DELETIONS Motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval of Additions, Corrections & Deletions to the Agenda. Roll call vote was taken with the following results: Commissioner Murphy No Commissioner Neugent No Commissioner Spehar Yes Commissioner McCoy Yes Mayor DiGennaro Yes Motion failed. COUNTY ATTORNEY Suzanne Hutton, County Attorney discussed add-on item number C.3 concerning a Ground Lessor Consent Agreement and Subordination, Non-Disturbance and Attornment Agreement. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of Additions, Corrections & Deletions to the agenda, without the inclusion of item. C.3. Motion carried unanimously. ENGINEERING The Board discussed the reconsideration and possible action on the April 16, 2008 approval of a contract with MBI/K2M for consulting services for the Americans with Disabilities Act (ADA) Compliance Assessments for Monroe County Facilities and Roads. Jimmy Morales, representing ADAAG Consulting Services, LLC, addressed the III Board. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy to cancel the Contract with MBI/K2M as of May 23,2008 and that Staff be directed to go out for Request for Qualifications (RFQ) in the most expedited manner possible and, as a result of that process, bring back to the Board their recommendation or recommendations as quickly as possible. Roll call vote was unanimous. Michael Ingrahm addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution authorizing the Mayor/Chairperson to sign all legal papers on behalf of the County and extending for 60 days the presently authorized signature. Roll call vote was unanimous. RESOLUTION NO. 149a-2008 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS A Public Hearing was held to consider adoption of a Resolution transmitting to the Florida Department of Community Affairs an Ordinance by the Monroe County Board of County Commissioners approving a request by the Monroe County Planning & Environmental Resources Department to amend the Future Land Use Map (FLUM) designation Residential Conservation (Re) to Recreation (R) of property legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida, having real estate numbers 00211090.000000 & 00211100.000000. There was no public input. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 150-2008 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution transmitting to the Florida Department of Community Affairs an Ordinance by the Monroe County Board of County Commissioners approving the request by the Monroe County Planning & Environmental Resources Department to amend the Future Land Use Map (FLUM) designation from Mixed Use/Commercial (Me) to Recreation (R) of property legally described as Whispering Pines Plat No.3, PB4-59, Big Pine Key Tract A, Big Pine Key, Monroe County, Florida, having real estate number 00286360.000000. There was no public input. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 151-2008 Said Resolution is incorporated herein by reference. 112 A Public Hearing was held to consider adoption of a Resolution transmitting to the Florida Department of Community Affairs an Ordinance by the Monroe County Board of County Commissioners approving the request by Crown Four, LLC, on behalf of the Trustees ofthe Big Pine Key Congregation of Jehovah's Witnesses Trust, Peter Abrahamsen & Lucky's Landing Inc. to amend the Future Land Use Map (FLUM) designation from Institutional (INS) to Mixed Use/Commercial (MC) of property legally described as Lot 1, Part Lot 2 & Part State Road No.5, Barry Beach, Little Torch Key, PB2-127, Monroe County, Florida, having real estates 00214960.000000 & 00214960.000100 & part of 00214970.000000. The Board accepted public input with the following individual addressing the Board: Mike Cunningham. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 152-2008 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution transmitting to the Florida Department of Community Affairs an Ordinance by the Monroe County Board of County Commissioners approving the request by Seafarer Resort, LLC to amend the Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use/Commercial (MC) for property legally described as Island of Key Largo, Part Lot 10, Monroe County, Florida, having real estate number 00091010.000000. The Board accepted public input with the following individuals addressing the Board: Donna Bosold, with the Craig Company and representing Seafarer Resort, LLC; and Barry Patterson. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution. Roll call vote was taken with the following results: Commissioner Murphy Yes Commissioner Neugent No Commissioner Spehar Yes Commissioner McCoy Yes Mayor DiGennaro Yes Motion carried. RESOLUTION NO. 153-2008 Said Resolution is incorporated herein by reference. Andrew Trivette, Growth Management Director read into the record - Should anyone have written comments for any of to day's Public Hearing items to please submit those comments to the Growth Management Division for inclusion in the transmittal package. A Public Hearing was held to consider adoption of a Resolution transmitting to the Florida Department of Community Affairs an Ordinance by the Monroe County 113 Board of County Commissioners approving the request by EL, EL, SI, LLC to amend the Future Land Use Map (FLUM) designation from Residential High (RH) to Mixed Use/Commercial (Me) for property legally described as Island of Key Largo PB 1-59 Pt Lots 9 & 10 & .71 Ac Bay Btm, Monroe County, Florida, having real estate number 00091090.000000. The Board accepted public input with the following individuals addressing the Board: Donna Bosold, with the Craig Company and representing EL, EL, SI, LLC; and Barry Patterson. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution. Roll call vote was taken with the following results: Commissioner Murphy Yes Commissioner Neugent No Commissioner Spehar Yes Commissioner McCoy Yes Mayor DiGennaro Yes Motion carried. RESOLUTION NO. 154-2008 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution transmitting to the Florida Department of Community Affairs an Ordinance by the Monroe County Board of County Commissioners approving the request by Dancing Bear Properties LLC to amend the Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed Use/Commercial (Me) for property legally described as Seaside PBI-97 Key Largo Pt Lot 22 Sqr 1 & Re-Sub Seaside PB2-10 Key Largo Pt Sqr 4 PB2-10 aIkIa Lots 1 & 2 Sqr 4 PB 1-97 & Bay Btm Adj to Lots 1 & 2 & Pt Gov Lot 4 Adj Ocean View Blvd Seaside PB 1-97 & PB 2-10, Monroe County, Florida, having real estate numbers 00491690.000000,00491700.000000 & 00492290.000000. Suzanne Hutton, County Attorney discussed the matter. The Board accepted public input with the following individuals addressing the Board: Pauline Klein, representing the Island of Key Largo Federal of Homeowner's Association; Laura Gail Collins, Ron Miller, Attorney Nick Mulick, representing Dancing Bear Properties LLC; Barry Patterson, representing Smart Planning & Growth Coalition; and Howard Kolbenheyer, Owner/Operator of the subject property. Andrew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Mayor DiGennaro to adopt the following Resolution. Roll call vote was taken with the following results: Commissioner Murphy No Commissioner Neugent No Commissioner Spehar Yes Commissioner McCoy Yes Mayor DiGennaro Yes 114 Motion carried. RESOLUTION NO. 155-2008 Said Resolution is incorporated herein by reference. The first of two Public Hearing was held to consider adoption of an Ordinance extending Interim Development Ordinance No. 017-2005; adopting an Interim Development Ordinance deferring the acceptance of Development Applications for the redevelopment and conversion of marine facilities, including commercial marinas and the working waterfront, until necessary land development regulations and comprehensive plan amendments are drafted and effective; providing for exemptions; providing for severability and repeal of inconsistent provisions; providing for transmittal to the Florida Department of Community Affairs (DCA) and the Secretary of State; providing for an effective date; providing for an expiration date. The Board accepted public input with the following individuals addressing the Board: Gail Kenson, Community Planner with Naval Air Station Key West; Sherry Popham, Dwight M. Wells, and Owen Trepanier. Andrew Trivette, Growth Management Director discussed the matter. The Board took no official action. A Public Hearing was held to consider adoption of a Resolution transmitting to the Department of Community Affairs an Ordinance amending Monroe County Year 2010 Comprehensive Plan Policies governing maximum densities for Affordable and Workforce Housing; rescinding Resolution 060-2008. The Board accepted public input with the following individual addressing the Board: Gail Kenson, Community Planner with Naval Air Station Key West. Andrew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to deny the item. Roll call vote was taken with the following results: Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Spehar No Commissioner McCoy No Mayor DiGennaro No Motion failed. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution. Roll call vote was taken with the following results: Commissioner Murphy No Commissioner Neugent No Commissioner Spehar Yes Commissioner McCoy Yes Mayor DiGennaro Yes 115 Motion carried. RESOLUTION NO. 156-2008 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution transmitting to the Department of Community Affairs an Ordinance amending policies applicable to the Educational Future Land Use Category of the Monroe County Year 20 I 0 Comprehensive Plan; rescinding Resolution 059-2008. The Board accepted public input with the following individual addressing the Board: Gail Kenson, Community Planner with Naval Air Station Key West. Andrew Trivette, Growth Management Director discussed the matter. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution. Roll call vote was taken with the following results: Commissioner Murphy No Commissioner Neugent Yes Commissioner Spehar Yes Commissioner McCoy Yes Mayor DiGennaro Yes Motion carried. RESOLUTION NO. 157-2008 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval to reschedule the time originally set by the Board on May 21, 2008 for two (2) Closed Sessions to be held June 18, 2008 for 2: 15 p.m. in the case of Department of Communi tv Affairs v. Monroe Countv. et aI, DOAH Case No. 08-2035 and 2:45 p.m. in the case of Celeste Bruno v. Monroe Countv. Case No. CV 07-10117 due to several 3:00 p.m. Public Hearings previously scheduled. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Spehar granting approval to rescind the Declaration of Easement between the Utility Board of Key West (Grantor) and Monroe County and Clear Channel Broadcasting, Inc. (Grantees) approved at the May 21,2008 meeting; and granted approval and authorized execution of the Declaration of Easement between the Utility Board of Key West (Grantor) and Monroe County and Clear Channel Broadcasting, Inc. (Grantee) as presented on May 23, 2008. Motion carried unanimously. Suzanne Hutton, County Attorney advised the Board that she did not have sufficient information at this time to add agenda Item C.3 to today's agenda. 116 There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex -officio Clerk to the Board of County Commissioners Monroe County, Florida QoJ,.&~. ~~ Isabel C. DeSantis, Deputy Clerk