04/23/2014 SpecialMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Wednesday, April 23, 2014
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 Danny Kolhage, Commissioner George
Neugent, Commissioner David Rice and Mayor Sylvia Murphy. Also present at the meeting
were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Vitia
Fernandez, Deputy Clerk; Lindsey Ballard, Deputy Clerk; County Staff, members of the
press and radio; and the general public.
ADDITIONS,CORRECTIONS, DELETIONS
Item A There were no Additions, Corrections and Deletions to the Agenda.
ENGINEERING
Item B 1 Approval by Resolution of a Maintenance Memorandum of Agreement with
the Florida Department of Transportation to provide maintenance of the Bayside Trail shared
use path upon completion of construction. A motion was made by Commissioner Neugent and
seconded by Commissioner Carruthers to grant approval of the item. Motion carried
unanimously.
RESOLUTION NO. 079 -2014
Said Resolution is incorporated herein by reference.
GROWTH MANAGEMENT
Item C1 Authorization for the Mayor to sign an Evaluation and Appraisal Notification
Letter, as required by 163.3191, F.S. and Rule 73C -49, F.A.C., to the State Land Planning
Agency specifying necessary plan amendments required to reflect change in requirements in
State Law and changes in local conditions. A motion was made by Commissioner Rice and
seconded by Commissioner Neugent granting approval of the item. Motion carried
unanimously.
04/23/2014 Pagel
PUBLIC HEARING
Enemy and Climate Element
1. Policy 1501 — exchange data and develop coordinated strategies to address energy
conservation and impacts from climate change
The following individual addressed the Board: Chris Bergh, representing Monroe
County Climate Change Advisory Committee.
2. Policy 1502.1.1 —Add "and storm surge" to the end of the first sentence:
"Prior to incorporating a new project to the Capital Improvements Element,
Monroe County shall assure that it is reviewed for recommendations to increase
resiliency and account for the impacts from climate change, including but not
limited to, sea level rise and storm surge
A motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent to accept the changes recommended by Staff Motion carries unanimously.
3. Policy 1502.1.3 — Keep timeframe at 5 years for both AAA criteria and AAA
identification:
" Within five (5) ey ars Withi one ( 1 ) yeaf after the adoption of the 2030
Comprehensive Plan, Monroe County shall identify criteria to define adaptation
action areas (AAA), or a similar concept to be defined by the County, which may
include infrastructure. Within five (5) years after the adoption of the 2030
Comprehensive Plan, Monroe County shall identify proposed adaptation action
areas (AAA), or a similar concept to be defined by the County."
A motion was made by Mayor Murphy and seconded by Commissioner Kolhage that
we make no changes as recommended by Staff. Motion carries unanimously.
4. Policy 1502.1.4 — Keep PC recommendation & Add "or not building planned
infrastructure in vulnerable locations" to the third sentence:
"These strategies may include defense, accommodation, or retreat projects, or not
building�lanned infrastructure in vulnerable
ions to address the impacts of
sea level rise."
A motion was made by Mayor Murphy and seconded by Commissioner Carruthers to
accept Planning Commission recommendation to add "or not building planned
infrastructure in vulnerable locations. Motion carries unanimously.
5. Policy 1502.1.5 — Add: " The County shall review and update projections based on new
data releases." after the last sentence of this policy.
04/23/2014 Page 2
The following individual addressed the Board: Julie Dick, representing Last Stand and
Florida Keys Environmental Fund.
A motion was made by Commissioner Kolhage and seconded by Commissioner Rice
to add "the County shall review and update projections based on new date releases ".
Motion carries unanimously.
6. Policy 1502.1.6 – Add "the useful life of public facilities and infrastructure" to this
policy:
"Monroe County shall ensure that new, renovated and replacement public facilities
and infrastructure, such as streets and bridges, water and wastewater treatment
plants, police stations and fire stations, and any other public facilities that the
County has authority over, are designed in a manner which considers the useful
life of public facilities and infrastructure and the potential impacts from climate
change, including rising sea - levels and shoreline stabilization needs."
A motion was made by Commissioner Kolhage and seconded by Commissioner Rice
to add "the useful life of public facilities and infrastructure and ". Motion carries
unanimously.
7. Policy 1503.1.1 –Keep the timeframe for energy efficiency requirements at 5 years:
" Within five (5) years Wi , e ( 1 ` y eaf after the adoption of the 2030
Comprehensive Plan, Monroe County shall include more energy efficiency
requirements into the Land Development Code as appropriate. These practices
may include climate change impacts as a factor in determining appropriate levels
of development in vulnerable areas."
A motion was made by Commissioner Carruthers and seconded by Commissioner
Rice to change accept the recommendation made by Staff to keep the timeframe at five
years. Motion carries unanimously.
8. Policy 1503.1.2 – Change the timeframe to 7 years; change "will" to "may;" remove
"in AAAs ":
Within five– (5)– seven 7 years after the adoption of the Comprehensive Plan,
Monroe County w44— may include climate change impacts as a factor in
determining appropriate levels of development in AAAs
After discussion, a Motion was made by Commissioner Carruthers and seconded by
Commissioner Rice to review after seven years instead of five, replace will with may
and accept "in AAAs ". Motion Failed.
Said amendment is as follows:
Amendment to Motion is to remove "in AAAs ". Motion carries unanimously.
04/23/2014 Page 3
9. Policy 1503.1.4 — change timeframe to reflect review after the release of FEMA maps:
" Within one (' ` yeaf a€teftheadoptien of the 2930 Compfehen Plan, Monroe
County shall review the most updated FEMA maps within 1 year of their release
and evaluate floor elevation requirements, as necessary, for all new construction in
vulnerable areas."
A motion was made by Commissioner Carruthers and seconded by Commissioner
Rice to approve staff recommendation for Monroe County to review their maps within
one year of release. Motion carried unanimously.
10. Policy 1503.1.5 — Change timeframe to 5 years and move this policy under Goal 1502:
"Within one (1` y five f5yyears after the adoption of the 2030 Comprehensive
Plan, Monroe County shall identify actions to promote and support whieh
increased energy efficiency measures and the proportion of electricity generated by
alternative and renewable energy, including, but not limited to solar, wind, biofuels
and other sources. Monroe County shall incorporate these actions into its facilities
and operations as well as its fleet. Monroe County shall coordinate with Florida
Keys Electric Cooperative and Keys Energy."
A motion was made by Commissioner Kolhage and seconded by Commissioner Rice
to remove the word "which ", add the letter d onto increase, change the timeframe to
five years and move this policy under Goal 1502. Motion carried unanimously.
11. Policy 1503.1.8 — Keep the phrase "threats to potable water supply" in the policy, as
recommended by the Planning Commission.
A motion was made by Commissioner Carruthers and seconded by Commissioner
Kolhage to accept the Planning Commissions recommendation to keep the phrase
"threats to potable water supply" in the policy. Motion carried unanimously.
12. Policy 1504.1.4 — Staff will draft language to replace specifically named agencies in
this policy with more general language.
A motion was made by Commissioner Kolhage and seconded by Commissioner
Carruthers directing staff to replace specifically named agencies in this policy with
more general language. Motion carried unanimously.
13. Policy 1504.1.6 — Change timeframe to 5 years:
"Within one (1` y five 5) years after the adoption of the 2030 Comprehensive
Plan, Monroe County shall consider revising its natural resource restoration
policies based on identification of vulnerable areas to encourage planting and
proper long -term maintenance of native flora throughout the County. This will
include, but not be limited to, a review of current County buffer requirements
within the Land Development Code to encourage a balance of trees, understory,
04/23/2014 Page 4
shrubs, and groundcover, reducing pea -rock and turf grass on rights of way
whenever possible and utilizing native ground cover, plants, and trees."
Future Land Use Element
1. Policy 101.2.2 — amend as follows:
"Monroe County shall coordinate with all the municipalities, the State Land
Planning Agency and Division of Emergency Management to update the variables
and assumptions for the evacuation clearance time modeling and analyses of the
build -out capacity of the Florida Keys Area of Critical State Concern based upon
the release of the decennial Census data. Pursuant to the 2012 completed hurricane
evacuation clearance time modeling by the State Land Planning Agency, which
incorporates the 2010 Census data, the County may allocate 10 years' worth of
growth (197 x 10 = 1,970 allocations, 197 annual ROGO rate based on Rule 28-
20.140, F.A.C.) through the year 2023, while maintaining an evacuation clearance
time of 24 hours. The County will :nay— aIeriatively adopt a slower rate of annual
allocations to extend the allocation timeframe to 2034 without exceeding the total
of 1,970 allocations (see Policy 101.3.2) The County shall re- evaluate the annual
ROGO allocation rate based on: 1 statutory changes for hurricane evacuation
clearance time requirement standards, 2) new hurricane evacuation modeling by
the State Land Planning Agency and Division of Emergency Management, and 3)
a new or revised memorandum of understanding with the State Land Planning
Agency Division of Emergency Mana eg ment Marathon Islamorada Key West,
Key Colon By each, and La on see Policy 101.2.1
The following individuals addressed the Board: Julie Dick, representing Last Stand
and Florida Keys Environmental Fund; and Alicia Putney.
A motion was made by Commissioner Kolhage and seconded by Mayor Murphy to
approve the changes made by Staff as follows: Public Hearing regarding the issuance
of a Class B Certificate of Public Convenience and Necessity (COPCN) to NET
Services of Florida, Inc. (NET) for the operation of a non - emergency medical
transportation service for the period May 21, 2014 through May 20, 2016. Motion
carried unanimously.
2. Policy 101.3.1 —keep staff recommendation (grey) on vessels /wetslips
CARRYING CAPACITY STUDY — add summary of conclusions of study- will add
to the INTRO AND BACKGROUND of Comp Plan.
A motion was made by Commissioner Kolhage and seconded by Commissioner Rice
to approve the language on page five. Motion carried unanimously.
04/23/2014 Page 5
3. Policy 101.3.2 — keep 20yr ROGO timeframe and adjust table to maintain an overall
710 AFH allocations and provide 71 AFH units for 4 years and remaining over 16
years, and add to policy that Monroe County will request a Rule change from the
Administration Commission to authorize the above allocation timeframe and rate.
A motion was made by Mayor Murphy and seconded by Commissioner Carruthers to
approve the Planning Commission's suggestion to keep the twenty year timeframe.
Motion carried unanimously.
4. Policy 101.3.7 — amend to include 1 RV for government agency capital improvement
projects and to separate /clarify the temp housing scenarios. Staff to reorganize and
break it up between emergency and non - emergency.
5. Policy 101.5.5 — delete "density"
"Monroe County shall maintain Land Development Regulations which allow
nonconforming nonresidential uses in the RC, RL, RM and RH future land use
categories that lawfully existed on such lands on January 4, 1996 to develop,
redevelop, reestablish and /or substantially improve provided that the use is limited in
intensity, floor area, densit y and to the type of use that existed on January 4, 1996."
6. Policy 101.5.6 — no to PC recommendations on items #1, 2, and 3 but keep PC
recommendation on #6.
The following individual addressed the Board: Julie Dick, representing Last Stand and
Florida Keys Environmental Fund.
A motion was made by Commissioner Kolhage and seconded by Commissioner
Neugent to approve Staff s recommendation as it was before the Planning Commission
made the change. Motion carried unanimously.
7. Policy 101.5.6 - develop potential incentives for protecting /preserving of working
waterfronts.
A Motion was made by Commissioner Carruthers and seconded by Commissioner
Kolhage to have Staff come back with additional policy with further protection to
waterfront. Motion carried unanimously.
8. Policy 101.5.25 — density & intensity table
No - to PC recommendation on (g) and Yes — to (1)
9. Policy 101.5.26 — delete "nonresidential intensity" through policy & clarify that
mitigation required if map amendment approved & see if we can adjust policy so there
is no net increase in density (discussion that this was difficult to do - staff to look at
this and see if it can be fixed somehow)
04/23/2014 Page 6
The following individuals addressed the Board: Bart Smith, representing Safe Harbour
Property Owners Association and Julie Dick, representing Last Stand and Florida
Keys Environmental Fund.
10. Policy 101.5.30 - no to PC recommendation — keep wind turbine
Add- concept for uninhabited (non - habitable) architectural decorative features above
the roof line but with a reasonable height limit
A Motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent to not take Planning Commission's recommendation and keep wind turbine.
A Roll Call Vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner Kolhage No
Commissioner Neugent Yes
Commissioner Rice Yes
Mayor Murphy No
Motion Carried.
11. Policy 101.6.2 — keep staff recommendation (grey — tier 1) — change "pursuant to" to
"subject to"
12. Policy 101.6.4 (ROGO) - keep staff recommendation (grey — lot aggregation)
- in land dedication section add "tier III for the retirement of development rights" &
add pt. category for tier III non - platted lots
- increase negative points for V zone to -6 ( -6 V ZONE; -4 CBRS)
- remove tier 1 as basis for calculating land acquisition point value
- add point category for permanent concrete cistern
- add point category for gray water reuse system — consistent with FL Building Code
The following individuals addressed the Board: Julie Dick, representing Last Stand
and the Florida Keys Environmental Fund; and Alicia Putney.
13. Policy 101.6.5 (NROGO) —
- in land dedication section add "tier III for the retirement of development rights" &
add pt. category for tier III non - platted lots
- increase negative points for V zone to -6 ( -6 V ZONE; -4 CBRS)
- add point category for permanent concrete cistern
- add point category for gray water reuse system — consistent with FL Building Code
- delete "or treated seawater"
- remove tier 1 as basis for calculating land acquisition point value
04/23/2014 Page 7
The following individual addressed the Board: Julie Dick, representing Last Stand and
Florida Keys Environmental Fund.
14. Policy 101.6.8 — maintain a point system based in tier system for new residential and
nonresidential development
The following individuals addressed the Board: Julie Dick, representing Last Stand
and Florida Keys Environmental Fund; Deb Curlee, Ken Metcalf, representing FEB
Corp.; Robert Bernstein, representing FEB Corp.; and Douglas Halsey, representing
FEB Corp.
15. Policy 101.8.7 - delete "density"
16. Policy 101.10.3 — add stormwater master plan update & include need to update plan in
Drainage element
"Monroe County shall maintain stormwater management regulations, which shall
require that all improvements for replacement, expansion or increase in capacity of
drainage facilities conform with the adopted level of service standards pursuant to
Policy 1001.1.1. The County shall use the adopted Stormwater Management Master
Plan and subsequent updates a guide for stormwater management to protect
personal property and to protect and improve water quality.
17. Policy 101.13.3 — add #7 "is not an offshore island"
The following individuals addressed the Board: Ken Metcalf, representing FEB Corp;
Douglas Halsey, Esq. representing FEB Corp.; Robert Bernstein, representing FEB
Corp.; and Julie Dick, representing Last Stand and Florida Keys Environmental Fund.
18. Objective 10 1. 15 — keep provisions about signage
19. Policy 102.4.2 — add notation about upcoming newly listed species
20. Policy 102.4.6 — add: Monroe County shall: "IN COOPERATION WITH THE LAND
AUTHORITY"
21. Policy 102.6 — regulate land use activities on offshore islands
The following individuals addressed the Board: Ken Metcalf, representing FEB Corp.;
Douglas Halsey, representing FEB Corp,; and Roger Bernstein, representing FEB
Corp.
22. Policy 102.6.1 — add "county" to the beginning of #6
"6. County public facilities and services shall not be extended to undeveloped offshore
islands. The extension of public facilities shall be required to comply with Policy
101.11.2"
04/23/2014 Page 8
23. Policy 102.7.2 — add "replacement"
"Monroe County shall not create new access via new bridges, new causeways, new
paved roads or new commercial marinas to or on units of the CBRS. This does not
preclude the maintenance and repair and replacement of existing bridges, causeways,
paved roads and lawful commercial marinas."
24. Policy 102.7.5 — add "undeveloped"
"Monroe County shall discourage the extension of public facilities and services
provided by the FKAA and private providers of electricity and telephone service to
undeveloped CBRS units by providing each of the utility providers with:"
The following individual addressed the Board: Mary Bakke, representing No Name
Key Home Owners Association.
25. Policy 105. 1.1 — change to 3 years
"Monroe County shall create an economic development framework for a sustainable
visitor -based economy, not dependent on growth in the absolute numbers of tourists,
that respects the unique character and outdoor recreational opportunities available in
the Florida Keys. Within 3 years after the adoption of the 2030 Comprehensive Plan,
the County will, with input from the business community and other stakeholders,
develop an Economic Sustainability Element, which focuses upon and promotes
redevelopment, considers the increasing cost of climate adaptation and the protection
of property.
26. Delete Policy 105.2.7 (updating land acquisition master plan every 5 years)
27. Policy 105.2. 10 — delete new text after land acquisition.
`By May 2015, the County shall explore additional funding sources for land
28. Policy 106.1.3 - keep staff recommendation (grey)
The following individual addressed the Board: Julie Dick, representing Last Stand and
Florida Keys Environmental Fund.
04/23/2014 Page 9
Changes agreed upon by the Board of County Commissioners are incorporated herein by
reference.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Amy Heavilin, CPA, Clerk
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
Please see attached document for the Changes Agreed upon by the Board of County
Commissioners.
04/23/2014 Page 10