03/22/2011 Special50
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Tuesday, March 22, 2011
Marathon, Florida
A Special Meeting of the Monroe County Board of County Commissioners convened at
11:00 A.M., at the Marathon Government Center. Present and answering to roll call were
Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice,
Commissioner Kim Wigington, and Mayor Heather Carruthers. Also present at the meeting
were 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
Item A There were no Additions, Corrections, or Deletions made to the Agenda.
GROWTH MANAGEMENT
The following staff members were present: Christine Hurley, Growth
Management Director; Townsley Schwab, Senior Director - Planning and Environmental
Resources; Susan Grimsley, Assistant County Attorney; Michael Roberts - Senior Administrator
(Environmental), Tiffany Stankiewicz - Development Administrator; Kathy Grasser -
Comprehensive Planner, Bryan Davisson - Senior GIS Planner; and Dr. Phil Frank, Ph.d -
Monroe County consultant with Terramar Environmental Services, Inc.
The Board was provided with the following: TIER DESIGNATION Notebooks
Volume I and II - Board of County Commissioners Meeting, Marathon Government Center,
March 22, 2011; and TIER DESIGNA TION Information Notebook - Board of County
Commissioners Meeting, Marathon Government Center, March 22, 2011.
PUBLIC HEARINGS
Item B 1 The first of two required Public Hearings were held to consider an Ordinance
assigning, amending or ratifying the Tier Overlay District Designations for approximately
ninety -two (92) parcels competing for building permits in the Rate of Growth Ordinance
(ROGO) allocation system based on changes made to the Tier Overlay District (Chapter 130 -130
of the Monroe County Land Development Code) in accordance with the Final Order in DOAH
Case No. 06- 2449GM.
Item B2 The first of two required Public Hearings were held to consider an Ordinance
assigning Tier Overlay District Designations to approximately one hundred ten (110) parcels
determined to have no Tier on the Tier Overlay District map(s) and which have been awarded an
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allocation in the ROGO competition OR have been issued a building permit based on changes
made to the Tier Overlay District (Chapter 130 -130 of the Monroe County Land Development
Code) in accordance with the Final Order in DOAH Case No. 06- 2449GM.
Item B3 The first of two required Public Hearings were held to consider an Ordinance
assigning Tier Overlay District Designations to approximately two thousand eight hundred
ninety one (2,891) parcels determined to have no Tier on the Tier Overlay District map(s) due to
the removal of their previous Tier designation as a result of the challenge based on changes made
to the Tier Overlay District (Chapter 130 -130 of the Monroe County and Development Code) in
accordance with the Final Order in DOAH Case No. 06- 2449GM.
Item B4 The first of two required Public Hearings were held to consider an Ordinance
amending or ratifying the Tier Overlay District designations for approximately three hundred one
(301) parcels proposed for review by the BOCC, Staff or Owners in Resolution No. 148 -2006
dated March 15, 2006, which parcels currently have a Tier designation based on changes made to
the Tier Overlay District (Chapter 130 -130 of the Monroe County Land Development Code) in
accordance with the Final Order in DOAH Case No. 06- 2449GM.
Susan Grimsley - Assistant County Attorney qualified as expert witnesses -
Michael Roberts - Senior Administrator (Environmental) and Dr. Phil Frank, Ph.d - Monroe
County consultant with Terramar Environmental Services, Inc. Christine Hurley, Growth
Management Director provided the Board with the history of the Tier Designation process and
described the purpose of today's public hearings. Suzanne Hutton, County Attorney outlined the
swearing in process for legal testimony. Danny L. Kolhage, Clerk of Courts administered the
swearing in of all witnesses, speakers and staff members. Mr. Roberts discussed the background
information and recommendations contained in the TIER DESIGNATION Information
Notebooks.
PUBLIC INPUT
The Board accepted public input on the proposed Ordinances with the following
individuals addressing the Board:
William S. Pearce, for Real Estate #'s: 00551450- 000000, 00551440- 000000,
00551430- 000000, 00551420- 000000, Map Series Page 7. After discussion, motion was made
by Commissioner Rice and seconded by Commissioner Neugent to accept the preliminary
classification recommendations from the Planning Commission, the Tier Designation Review
Committee and Staff to designate the subject properties as Tier I. Roll call vote was taken with
the following results:
Commissioner Murphy
No
Commissioner Neugent
Yes
Commissioner Rice
Yes
Commissioner Wigington
Yes
Mayor Carruthers
Yes
Motion carried.
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Mary A. Wells, for Real Estate #'s: 00510280- 000000, 00510290- 000000,
00510300- 000000, 00510310- 000000, Map Series Page 5. After discussion, motion was made
by Commissioner Murphy and seconded by Commissioner Neugent to accept the preliminary
classification recommendations from the Planning Commission, the Tier Designation Review
Committee and Staff to designate the subject properties as Tier III. Roll call vote was
unanimous.
Marlene Lundy for Real Estate #: 00445680- 000000, Map Series Page 35. After
discussion, motion was made by Commissioner Wigington and seconded by Commissioner Rice
to accept the preliminary classification recommendations from the Planning Commission, the
Tier Designation Review Committee and Staff to designate the subject properties as Tier I. Roll
call vote was taken with the following results:
Commissioner Murphy
No
Commissioner Neugent
Yes
Commissioner Rice
Yes
Commissioner Wigington
Yes
Mayor Carruthers
Yes
Motion carried.
Ron Kopplow, representing property owner names - Bay Harbor 29, LLC and Bay
Harbor 30, LLC for Real Estate Numbers: 00490090 - 000000, 00490100- 000000 & 00490110-
000000, Map Series Page 30. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Rice to accept the preliminary classification recommendations from
the Planning Commission, the Tier Designation Review Committee and Staff to designate the
subject properties as Tier III. Roll call vote was unanimous.
George (Stephen) Lohmayer for Real Estate #: 00506330- 000000, Map Series
Page 39. The item was not considered because of it not being located in the challenge area.
Maria C. Martinetti, for Real Estate #'s: 00468400 - 000000 & 00468390 - 000000,
Map Series Page 8. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Neugent to accept the preliminary classification recommendations from the
Planning Commission, the Tier Designation Review Committee and Staff to designate the
subject properties as Tier III. Roll call vote was unanimous.
Robert Rubenstein, representing property owner name - Meristar Key Largo Spe,
LLC for Real Estate #: 00091190- 000100, Map Series Page 28. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Murphy to accept the
preliminary classification recommendations from the Planning Commission, the Tier
Designation Review Committee and Staff to designate the subject properties as Tier III, and
consistent with Policy 105.2.1 (3) and that the land includes concentration of non - residential
uses. Roll call vote was unanimous.
Attorney Michael Halpern, representing property owner names - Keevan Clarence
and Jacqueline G. for Real Estate Numbers: 00119100- 000000, 00119130- 000000; 00119190-
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000000; 00119200 - 000000; 00119300 - 000000; 00119030- 000000; 00119050- 000000;
00119210- 000000; 00119150- 000000; 00119060 - 000000; 00119240 - 000000; 00119310-
000000, Map Series Page 77. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Rice to accept the preliminary classification recommendations from
the Planning Commission, the Tier Designation Review Committee and Staff to designate the
subject properties north of the Road as Tier I and South of the Road as Tier III. Roll call vote
was unanimous.
Roger Akers for Real Estate #: 00117510- 000700, Map Series Page 74. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Wigington to accept the preliminary classification recommendations from the Planning
Commission, the Tier Designation Review Committee and Staff to designate the subject property
as Tier I. Roll call vote was unanimous.
Attorney Nicholas W. Mulick, representing property owner - David Enterprises,
LLL, for Real Estate Number: 00487120- 000000, Map Series Page 29. After discussion, motion
was made by Commissioner Rice and seconded by Commissioner Murphy to accept the
preliminary classification recommendations from the Planning Commission, the Tier
Designation Review Committee and Staff to designate the subject property as Tier III. Roll call
vote was unanimous.
Roger Akers for Real Estate #: 00117510- 003200, Map Series Page 74. After
discussion, motion was made by Commissioner Wigington and seconded by Commissioner
Murphy to accept the preliminary classification recommendations from the Planning
Commission, the Tier Designation Review Committee and Staff to designate the subject property
as Tier III. Roll call vote was unanimous.
Linda Popp for Real Estate #s: 00486920 - 000000 & 00088590- 000000, Map
Series Page 29. After discussion, motion was made by Commissioner Wigington and seconded
by Commissioner Murphy to accept the preliminary classification recommendations from the
Planning Commission, the Tier Designation Review Committee and Staff to designate the
property located on the Oceanside as Tier III. Roll call vote was unanimous. Motion was made
by Commissioner Neugent and seconded by Commissioner Murphy to designate the property as
recommended by the Planning Commission and Staff located on the Bayside as Tier III. Roll
call vote was unanimous.
Roger Akers for Real Estate #: 00117510- 003300, Map Series Page 74. After
discussion, motion was made by Commissioner Wigington and seconded by Commissioner Rice
to accept the preliminary classification recommendations from the Planning Commission, the
Tier Designation Review Committee and Staff to designate the subject property as Tier III. Roll
call vote was unanimous.
Elizabeth McInerny for Real Estate #s: 00486900 - 000000; 00486900 - 000100 and
00486870 - 000000, Map Series Page 29. After discussion, motion was made by Commissioner
Wigington and seconded by Commissioner Neugent to accept the preliminary classification
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recommendations from the Planning Commission, the Tier Designation Review Committee and
Staff to designate the subject properties as Tier IIIa. Roll call vote was unanimous.
Roger Akers for Real Estate #: 00117510- 003700, Map Series Page 74. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Wigington to accept the preliminary classification recommendations from the Planning
Commission, the Tier Designation Review Committee and Staff to designate the subject property
as Tier I. Roll call vote was unanimous.
Sharon Albury for Real Estate #s: 00480640 - 000000 and Albury Sharon Ann
Hennessy for Real Estate #: 00480650- 000000, Map Series Page 33. After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner Rice for the designation to
remain a Tier III as suggested by the Planning Commission and consistent with Policy 105.2.1
(3). Roll call vote was unanimous.
Robert H. Matheson, Jr., for Real Estate #s: 00553850- 000000 and 00553840-
000000, Map Series Page 7. After discussion, motion was made by Commissioner Neugent and
seconded Commissioner Wigington to accept the preliminary classification recommendations
from the Planning Commission, the Tier Designation Review Committee and Staff to designate
the subject property as Tier III. Roll call vote was unanimous.
Patricia Cruz, for Real Estate #: 00448470 - 000000, Map Series Page 35. After
discussion, motion was made by Commissioner Wigington and seconded Commissioner Murphy
to accept the preliminary classification recommendations from the Tier Designation Review
Committee and Staff to designate the subject property as Tier I, and for Staff to revisit the
property. Roll call vote was taken with the following results:
Commissioner Murphy
No
Commissioner Neugent
Yes
Commissioner Rice
Yes
Commissioner Wigington
Yes
Mayor Carruthers
Yes
Motion carried.
William S. Pearce, addressed the Board a second time.
Albert Bryan for Real Estate #'s: 00502310- 000000, 00502300- 000000,
00502290- 000000, 00502060- 000000, 00502070- 000000, Map Series Page 23. After discussion,
motion was made by Commissioner Wigington and seconded Commissioner Neugent to accept
the preliminary classification recommendations from the Planning Commission, the Tier
Designation Review Committee and Staff to designate the subject property as Tier III. Roll call
vote was unanimous.
Paul Miller for Real Estate #: 00222410 - 000000, Map Series Page 53. After
discussion, motion was made by Commissioner Wigington and seconded Commissioner Neugent
to accept the preliminary classification recommendations from the Planning Commission, the
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Tier Designation Review Committee and Staff to designate the subject property as Tier III. Roll
call vote was unanimous.
Susan Grimsley, Assistant County Attorney read into the record that attorney
Frank Greenman requested the Board not make a final determination on the designation for Real
Estate #s: 00178170 - 000000 and 00178180 - 000000.
The Board was reminded that the Final Hearing to consider revisions to the Tier
Overlay District Map boundaries is scheduled for May 4, 2011 in Marathon at 5:01 p.m. at the
Marathon Government Center.
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
J 611 C , &41'�
Isabel C. DeSantis, Deputy Clerk