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06/02/2009 Special 114 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Tuesday, June 2,2009 Marathon, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 10:00 A.M., at the Marathon Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Sylvia Murphy, Commissioner Kim Wigington, and Mayor George R. Neugent. Also present were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; 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 Carruthers and seconded by Commissioner Wigington to add to today's agenda an item concerning the addition of infrastructure on No Name Key to the June 9,2009 agenda of the Development Review Committee. Drew Trivette, Growth Management Director discussed the matter. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners approving the request by Sievers Marine, Inc., to amend the Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed Use/Commercial (MC) for property legally described as Block 1, Lot 11, Lot 12 and Lot 13 Ocean Isle Est PB5-14 Key Largo, Monroe County, having Real Estate Numbers 00538170-000000, 00538180-000000 and 00538190-000000; Providing for severability and repeal of inconsistent provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; providing an effective date. The Board accepted public input with the following individuals addressing the Board: Mike Black, John Donnelly, Ron Sievers, representing Sievers Marine, Inc.; and W. F. McCain, representing Sievers Marine, Inc. Drew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 017a-2009 Said Ordinance is incorporated herein by reference. 115 A Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners approving the request by Roseann & Rudolph Krause, Trustees to amend the Future Land Use (FLUM) designation from Residential Low (RL) to Mixed Use/Commercial (MC) for property legally described as Section 31, Township 66 South, Range 29 East, Ramrod Key, Pt 1 Monroe County, Florida, having real estate number as 00114150.000400 and a portion of property legally described as Section 31, Township 66 South, Range 29 East, Ramrod Key, Pt 1 Monroe County, Florida, having real estate number 00114150.000000; Providing for severability and repeal of inconsistent provisions; Providing for transmittal to the Department of Community Affairs; Providing for an effective date. The Board accepted public input with the following individual addressing the Board: Rudy Krause. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 018-2009 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners approving the request by Lloyd A. Good, Jr., to amend the Future Land Use Map (FLUM) designation from Residential Conservation (RC) to Mixed Use/Commercial (MC) for a portion of property legally described as Section 3, Township 67, Range 27, SugarloafKey, Pt Lot 3 & Pt Lot 4, Monroe County, Florida, having Real Estate Number 00118420.000000; Providing for severability and repeal of inconsistent provisions; Providing for transmittal to the Department of Community Affairs; Providing for an effective date. The Board accepted public input with the following individual addressing the Board: Lloyd Good, Jr. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 019-2009 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners adopting amendments to the Monroe County 2010 Comprehensive Plan to revise sections of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key; Clarifying sections inconsistent with the Habitat Conservation Plan, Incidental Take Permit, and Monroe County Code; Providing for severability and repeal of inconsistent provisions; Providing for transmittal to the Secretary of State and the Department of Community Affairs; Providing for an effective date. There was no public input. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 020-2009 Said Ordinance is incorporated herein by reference. 116 A Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners adopting amendments to the Monroe County 2010 Comprehensive Plan to revise sections of the Potable Water Element and the Intergovernmental Coordination Element regarding water supply concurrency, adopting a 10-year Water Supply Plan; Providing for severability and repeal of inconsistent provisions; Providing for transmittal to the Secretary of State and the Department of Community Affairs; Providing for an effective date. The Board accepted public input with the following individual addressing the Board: Ron Miller. Drew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 021-2009 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners adopting amendments to the Monroe County 2010 Comprehensive Plan to revise sections of the Transportation Element, The Recreation and Open Space Element, and Intergovernmental Coordination Element regarding the Florida Keys Scenic Highway and Florida Keys Overseas Heritage Trail; Providing for severability and repeal of inconsistent provisions; Providing for transmittal to the Secretary of State and the Department of Community Affairs; Providing for an effective date. There was no public input. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 022-2009 Said Ordinance is incorporated herein by reference. COUNTY ATTORNEY Suzanne Hutton, County Attorney discussed a request to schedule a closed executive session of the Board of County Commissioners in the matters of (a) Monroe County v. Marcia Turner and Garabet Khatchikian, Case No. 07-CA-101-M, and (b) Monroe County v. Khatchikian and Turner, Code Enforcement Case No. CE06120166 (Monroe County Circuit Court Case No. 07-CA-319-K), during its regular meeting scheduled for June 17,2009 in Marathon. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington to hold the closed session on the mater at 1 :30 PM on June 17,2009 at the Marathon Government Center. Motion carried unanimously. BUDGET & FINANCE Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to adopt the following Resolutions. Motion carried unanimously. Transfer of Funds (OMB Schedule Item No.1). 117 RESOLUTION NO. 159-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 160-2009 Said Resolution is incorporated herein by reference. GROWTH MANAGEMENT The Board discussed a response to Florida Power and Light's (FP &L) application to the Army Corps of Engineers (ACOE) to expand the Everglades Mitigation Bank service area to include Monroe County and the Florida Keys and requesting that the ACOE reject the application. The following individual addressed the Board: Jeanette F. Hobbs, manager of the Keys Environmental Restoration Fund - Audubon of Florida. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval for the Mayor to send a letter to the Army Corps of Engineers requesting that the application be rejected. Motion carried unanimously. The Board discussed a counter settlement proposal to resolve the outstanding issues associated with Comprehensive Plan Amendment package 08-01 (working waterfront amendments) with direction to the Growth Management Division and the County Attorney's Office. The following individuals addressed the Board: Ron Demes, representing Naval Air Station - Key West; Don Riggs, representing the M-I0 Coalition; Ron Miller, representing the Upper Keys Citizen's Association; Jerry Coleman, representing Robbie's Marina; Eric Dickstein, representing Fishbusters; Diane Beruldsen, Kay Thacker, and Roger Bernstein, representing Safe Harbor Enterprises, Inc. Drew Trivette, Growth Management Director and Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to transmit the proposed amendment to the Department of Community Affairs. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro No Commissioner Murphy Yes Commissioner Wigington No Mayor Neugent No Motion failed. Motion was then made by Commissioner DiGennaro and seconded by Commissioner Carruthers to bring back at the June BOCC meeting a withdrawal of the existing amendment. Motion carried unanimously. The Board discussed a resolution confirming support for and authorizing staff to expediently pursue the amendment of Monroe County's Land Development Regulations to revise the existing transient unit redevelopment procedure and to clarify multi-room unit construction regulation. The following individuals addressed the Board: Ron Miller and Diane Beruldsen. Drew Trivette, Growth Management Director discussed the matter. 118 After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to table the item. Roll call vote was unanimous. The Board discussed the addition of an item to be heard before the Development Review Committee on June 9, 2009 concerning infrastructure on No Name Key. Suzanne Hutton, County Attorney and Drew Trivette, Growth Management Director discussed the matter. The following individuals addressed the Board: Donald Craig, representing No Name Key Residents Property Owners; Beth Ramsay-Vickrey, Donna Bosold, Alicia Putney, representing the Solar Community of No Name Key; and Diane Beruldsen. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers that the item go forward before the DRC on June 9,2009. Roll call vote was unanimous. 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 ~a.WQ. ~ Isabel C. DeSantis, Deputy Clerk