03/21/2006 Special
03/21/2006
2006/73
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Tuesday, March 21,2006
Key Largo, Florida
A Special Meeting of the Monroe County Board of County Commissioners convened at
1 :00 P.M., at the Key Largo Library. Present and answering to roll call were Commissioner
Murray E. Nelson, Commissioner George R. Neugent, Commissioner David P. Rice,
Commissioner Dixie M. Spehar and Mayor Charles "Sonny" McCoy. Also present were Isabel C.
DeSantis, Deputy Clerk; Suzanne Hutton, Interim County Attorney; Jerry D. Sanders, Assistant
County Attorney; Thomas Willi, County Administrator; County Staff, members of the press and
radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Spehar and seconded by Commissioner Rice granting
approval of Additions, Corrections, and Deletions to the agenda. Motion carried unanimously,
with Mayor McCoy not present.
PUBLIC HEARING
A Public Hearing was held to consider an amendment to the Monroe County Land Use
District Map to include a Tier Overlay District Map designation on all land in unincorporated
Monroe County in the Florida Keys between Key West and Ocean Reef and designating
boundaries for Tier, I, Tier II, Tier III and Tier III-A (Special Protection Areas) as required in
Goal 105 of the 2010 Comprehensive Plan pursuant to the criteria in proposed Section 9.5-256;
Providing for repeal of all Ordinances inconsistent herewith, Directing the Planning and
Environment Resources Department to transmit a copy of this Ordinance to the Florida
Department of Community Affairs; and providing for an effective date The following public
speaker addressed the Board: Lloyd A. Good. Mayor McCoy arrived at the meeting and took his
seat. County Attorney, Suzanne Hutton addressed the Board. The Board continued with public
input with the following speakers addressing the Board: Tom Rothdeutsch, Sharon Albury,
Andrew Tobin, Alicia Roarke, and Jedd Redwine. Drew Trivette, Sr. Biologist; Tom Willi,
County Administrator; and Rebecca Jetton, representing the Florida Department of Community
Affairs also addressed the Board. After discussion, motion was made by Commissioner Nelson
and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried
unanimously.
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2006/74
ORDINANCE NO. 013-2006
Said Ordinance is incorporated herein by reference.
Assistant County Attorney, Jerry D. Sanders discussed with the Board direction to Staff
with guidance in negotiating with the Department of Community Affairs and others with regard to
the pending legislation to de-designate the Florida Keys as an Area of Critical State Concern.
After discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Rice to accept a Resolution asking the Legislature to withdraw the bill. Roll call vote was taken
with the following results:
Commissioner Nelson No
Commissioner Neugent Yes
Commissioner Rice Yes
Commissioner Spehar No
Mayor McCoy No
Motion failed.
Tom Willi, County Administrator; Andy Tobin, and Interim County Attorney, Suzanne
Hutton addressed the Board. After further discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Rice to request an amendment to the bill as it exists now
to request of the State to stand as a partner with Monroe County for 50% of any losses in takings
cases. Roll call vote was unanimous.
Ms. Hutton addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Nelson granting approval and authorizing execution,
contingent upon AIS' ability to do business in the State of Florida, of an Agreement between
Monroe County and AIS Risk Consultants for Windstorm Insurance Actuarial Consulting
Services. Motion carried unanimously.
The Board discussed approval to advertise and hold an Attorney-Client Closed Executive
Session of the Board of County Commissioners in the matter of Evelyn Kimberly Hardee v.
Monroe County, Case No. CAP-05-255. Ms. Hutton read into the record, pursuant to F.S.
286.011 (8), that the subject matter of the meeting shall be confined to settlement negotiations or
strategy sessions related to litigation expenditures. Present at the meeting will be the
Commissioners, the County Administrator, County Attorney Suzanne A Hutton, Assistant
County Attorney Bob Shillinger, the County's counsel in this litigation, Bruce Johnson, Esq. and
Scott Alexander, Esq., and a certified court reporter. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Rice to hold the Attorney-Client Closed
Executive Session on April 19, 2006 at 8:30 AM. at the Harvey Government Center in Key
West. Motion carried unanimously.
The Board discussed Commissioner Rice's item concerning a Resolution setting forth
recommendations to include in proposed legislation on windstorm insurance rates provisions to
protect affordable rental housing (non-homesteaded) properties. After discussion, motion was
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made by Commissioner Spehar and seconded by Neugent to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 150-2006
Said Resolution is incorporated herein by reference.
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
Momoe County, Florida
.i1a.LJ C ~56CJMi;J
Isabel C. DeSantis, Deputy Clerk