10/01/2015 SpecialMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Thursday, October 1, 2015
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 Carruthers, Commissioner Sylvia Murphy, Commissioner George Neugent,
Commissioner David Rice and Mayor Danny Kolhage. Also present at the meeting were
Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Cheryl Robertson,
Deputy Clerk; County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
A Motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried
unanimously.
PUBLIC HEARING
B1 Mayte Santamaria, Sr. Director of Planning & Environmental Services, addressed the
Board concerning a Special Public Hearing to review proposed amendments to the Monroe
County Land Development Code to be consistent with the transmitted Monroe County Year
2030 Comprehensive Plan, the results of the Comprehensive Plan Technical Document update
(data and analysis), the adopted 2012 Evaluation and Appraisal Report and the 2014
Evaluation and Appraisal Notification Letter. Debbie Love and Erin Deady, representing
Keith & Schnars, made a Power Point Presentation on the noted changes.
126 Impact Fees
Christine Hurley, Assistant County Administrator, addressed the Board.
130 Land Use Districts
Ms. Santamaria and Steve Williams, Assistant County Attorney, addressed the Board
concerning Section 130 -93.
The following individuals addressed the Board on Sections 130 -45 and 130 -92:
Alfredo Landon and Jorge Cepero, representing Prime Group. Board directed staff to review
Sections 130 -45 and 130 -92 and determine a higher percentage or number.
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138 Rate of Growth Restrictions (ROGOINROGO)
Ms. Santamaria, Bob Shillinger, County Attorney; Ms. Hurley and Roman Gastesi,
County Administrator, addressed the Board concerning Section 138- 24,Section 138 -27 and
Section 138 -28.
After discussion, motion was made by Commissioner Carruthers and seconded by
Mayor Kolhage to change (Section 138 -28 (]]))Perseverance Points, to grant two points
annually in Tier III properties for the first four years and then one point a year thereafter.
Tiers I, II and IIIA properties get one point a year for the first four years and then a half a
point a year thereafter. Roll call vote carried unanimously.
Ms. Santamaria addressed the Board concerning Section 138 - 28(9).
Chapter 142 SIGNS
Ms. Santamaria and Emily Schemper, Comprehensive Planning Manager, addressed
the Board concerning Section 142- 3(2)(h)(4).
Chapter 146 Wireless Communications Facilities
The following individuals addressed the Board: Jim Hendrick and Mayra Negron. Mr.
Williams addressed the Board.
COUNTY ATTORNEY
C1 Mr. Shillinger requested to hold an Attorney- Client Closed Session in the matter of
Mike Laudicina, Don Demaria, Cudjoe Gardens Property Owner's Association and Sugarloaf
Shores Property Owner's Association v. FKAA, Florida Department of Environmental
Protection and Monroe County, DOAH Case No. 15- 12331FDEP Case No. 14 -0418, at the
regularly scheduled BOCC meeting on October 21, 2015 in Marathon, FL at 1:30 p.m. or as
soon thereafter as may be heard and read the required language into the record. Motion was
made by Commissioner Rice and seconded by Commissioner Carruthers to hold the closed
session. Motion carried unanimously.
C2 Mr. Shillinger and Kevin Wilson, Assistant County Administrator, addressed the
Board concerning approval of a Settlement Agreement with the individual petitioners, Mike
Laudicina and Don DeMaria, in the case of Laudicina et al. v. Monroe County, et al. DOAH
Case No. 15 -1233. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Murphy granting approval to settle with the individual petitioners.
Roll call vote carried unanimously.
PUBLIC WORKS
C3 Mr. Wilson addressed the Board concerning approval to renew the Contract with
Siemen's Industry, Inc. on a month to month basis until a bid Agreement is awarded for the
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testing, certification, and maintenance of the Monroe County Detention Center's fire alarm
system, building automation system, and smoke control system; the Sheriff's Administration
Building's fire alarm system and building automation system; the Juvenile Justice Center's
fire alarm system and building automation system; the Courthouse Annex's fire system, the
Marathon Government Center's building automation system and Crawl Key Medical
Examiner's Office Building Automation System (HVAC). Motion was made by
Commissioner Carruthers and seconded by Commissioner Neugent granting approval and
authorizing execution of the item. Motion carried unanimously.
PUBLIC HEARING
Motion was made by Mayor Kolhage and seconded by Commissioner Rice to approve
the following proposed language to Policy 101.3.2, as follows: The County is actively
engaged in acquisitions and is requesting its State and Federal partners for assistance with
implementing land acquisitions in Monroe County. The County will allocate the 1,970 new
dwelling unit allocations over a 20 10 year timeframe ttales bit, 12zn14 t o e G ett ty
If substantial
financial support is Pe4 provided by July 12, 2018, the County will reevaluate the ROGO
distribution allocation schedule and - econsider an extended timeframe for the distribution of
market rate allocations (through a comprehensive plan amendment). Further, the State and
County shall develop a mutually agreeable position defending inverse condemnation cases
and Bert J. Harris, Jr. Private Property Rights Protection Act cases, with the State having an
active role both directly and financially in the defense of such cases. Roll call vote carried
unanimously.
There being no further business, the meeting of the Board of County Commissioners
was adjourned.
Amy Heavilin, Clerk
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
Prepared by:
Kevin Madok, CPA, Clerk
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
October 1
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