06/29/2010 Special
121
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Tuesday, June 29,2010
Marathon, Florida
A Special Meeting of the Momoe County Board of County Commissioners convened at
10:00 A.M., at the Marathon Government Center followed by a Closed Session convening at
11 :00 A.M. Present and answering to roll call were Commissioner Heather Carruthers,
Commissioner Kim Wigington, and Mayor Sylvia Murphy. Commissioner George Neugent and
Commissioner Mario DiGennaro were absent. Also present at the meeting 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.
GROWTH MANAGEMENT/PUBLIC HEARINGS
A Public Hearing was held to consider an Ordinance of the Board of County
Commissioners ofMomoe County, Florida, adopting a Future Land Use Map designation for
MDJ Investments, LLC, from Residential Low (RL) To Mixed Use/Commercial (MC) and a Key
Largo Mixed Use Area #1 sub area policy for property legally described as Lots 13, 14, 15,
16, 17, and 18, Thompsons Subdivision, Section "A", according to the Plat thereof, as Recorded
In Plat Book 1, Page 147, of the public records of Momoe County, Florida, having Real Estate
Number 00440100.000000 located at 99101 Overseas Highway, Key Largo, approximate Mile
Marker 99.1. There was no public input. Christine Hurley, Growth Management Director
discussed the matter. Motion was made by Commissioner Carruthers and seconded by
Commissioner Wigington to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 021-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance by the Momoe County Board of
County Commissioners approving a request by the Momoe County Land Steward office, to
amend the Future Land Use Map (FLUM) for 127 county-owned vacant parcels throughout
Momoe County from various FLUM designations to Conservation (C). The amendments are
being requested by the Momoe County Land Steward to create conformity between the FLUM
and the current use, as required by the Grant Agreement with the Florida Communities Trust
(FCT). There was no public input. Motion was made by Commissioner Wigington and
seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 022-2010
Said Ordinance is incorporated herein by reference.
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A Public Hearing was held to consider an Ordinance by the Monroe County Board of
County Commissioners amending Monroe County Code Sec. 138-23, Moratorium on New
Transient Units, to revise the date on which the moratorium shall expire to December 31,2011.
There was no public input. Motion was made by Commissioner Wigington and seconded by
Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 023-2010
Said Ordinance is incorporated herein by reference.
The Board discussed the following three (3) Public Hearing items:
Approval of a Resolution to transmit to the Florida Department of Community Affairs
(DCA), an amendment to the Monroe County Year 2010 Comprehensive Plan, creating Goal
107, Objective 107.1, and Policy 107.1.1 that establishes a Sub Area Policy for Wisteria Island.
Approval of a Resolution to transmit to the Florida Department of Community Affairs
(DCA), an amendment to the Monroe County Year 2010 Comprehensive Plan Future Land Use
Map (FLUM), amending the FLUM designation from undesignated to Mixed Use Commercial
(MC) for Wisteria Island.
Approval of a Resolution to transmit to the Florida Department of Community Affairs
(DCA) an amendment to Policy 101.2.6 ofthe Monroe County Year 2010 Comprehensive Plan
Future Land Use Element to extend the moratorium for the allocation of new transient residential
units until December 31, 2011.
The Board accepted public input on the above three (3) items with the following
individuals addressing the Board: Sloan Bashinsky, Christine Russell, and Nils Muench. Susan
Grimsley, Assistant County Attorney; Suzanne Hutton, County Attorney; and Christine Hurley,
Growth Management Director also discussed the items. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner Wigington to continue the above three
(3) Agenda items to Wednesday, July 21,2010, at 6:00 P.M. at the Harvey Government Center
in Key West. Motion carried unanimously.
Suzanne Hutton, County Attorney discussed Amendment 4 - Florida Hometown
Democracy.
Attorney Nick Mulick, representing the applicant - Wisteria Island, addressed the Board.
Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington to adopt the following Resolution requesting that the City of Key West Commission
provide input in regards to the development of Wisteria Island. Roll call vote was unanimous.
RESOLUTION NO. 193-2010
Said Resolution is incorporated herein by reference.
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ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington granting approval of Additions, Corrections, and Deletions to the Agenda. Motion
carried unanimously.
COUNTY ATTORNEY
Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers Approval granting approval and authorizing execution of Amendments to the
Contracts of the County Administrator and the County Attorney to change the language in the
Compensation and Transportation paragraphs to meet the intent of the parties that the
compensation be deemed general compensation, and comply with FRS. Motion carried
unanimously.
BUDGET & FINANCE
Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers to adopt the following Resolution for the Receipt of Unanticipated Revenue and
granted approval and authorized execution of a Memorandum of Understanding between Monroe
County and the Florida Department of Emergency Management (which may be executed by
Harold Wheeler, Executive Director ofthe Monroe County Tourist Development Council) to
accept an advance of $400,000 to purchase, contract, manage, oversee and/or arrange for a
Florida tourism and advertising campaign relating to the Deepwater Horizon Spill. Motion
carried unanimously.
RESOLUTION NO. 194-2010
Said Resolution is incorporated herein by reference.
CLOSED SESSION
A Closed Session was held in the matter of Monroe County v. Priceline.com, et aI, 09-
1 0004CV. Suzanne Hutton, County Attorney read the required information into the record.
COUNTY ATTORNEY
Bob Shillinger, Chief Assistant County Attorney discussed a Settlement Agreement(s) in
the matter of County of Monroe v. Priceline.com, et al. 09-10004-CIV. After discussion, motion
was made by Commissioner Wigington and seconded by Commissioner Carruthers authorizing
the County Attorney's Office to settle the case with respect to Expedia, Travelocity and Priceline
for the total sum of$6,175,000 for the entire class. Roll call vote was unanimous.
There being no further business, the meeting of the Board of County Commissioners
adjourned.
Danny L. Kolhage, Clerk
124
and ex-officio Clerk to the
Board of County Commissioners
Momoe County, Florida
ShO-W C. D-Ja~tv
Isabel C. DeSantis, Deputy Clerk