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02/12/2002 SpecialMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Tuesday, February 12, 2002 Marathon, Florida 2002/25 A Special Meeting of the Monroe County Board of County Commissioners convened at 5:30 P.M., on the above date at the Marathon Government Center. Present and answering to roll call were Commissioner George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams, and Mayor Charles "Sonny" McCoy. Absent was Commissioner Murray Nelson. Also Isabel C. DeSantis, Deputy Clerk; James Roberts, County Administrator; James T. Hendrick, County Attorney; Bob Schillinger, Assistant County Attorney; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS County Attorney James T. Hendrick handed out the legal description for the Deed of Conveyance, from Monroe County to the FKAA for the Crawl Key Property, (Agenda item D-1). GROWTH MANAGEMENT / PUBLIC HEARING Mr. Hendrick recused himself from the Hearing and declared his association with Mr. Singh. The continuation of a Public Hearing was held at the request of Hawk's Cay Resort (MM 61) to adopt a Resolution approving amendments to the Development Regional Impact (DRI) development order, Resolution 365-1986, and modifications to the Major Development approval for the Hawk's Cay Expansion DRI. Growth Management Director Tim McGarry addressed the Board. The Board accepted public input with the following individuals addressing the Board: Applicant Pritam Singh; Andrew Tobin, representing the Property Owners on Duck Key; Vince Bianco, Karen Headrick, Jerry Ledford, Tom Cherniaysky, Bob Williamson, Michelle Koby, representing the Village at Hawk's Cay Homeowner's Association; Katrina Wiatt, representing the Conch Key Property Owners; Andy Nicol, Matthew Vedder, Mark Lindback, representing Hawk's Cay; Martin O'Halloran, Randall Johnson, Lorene Solomon, Jim Bicknell, Adam W. Mink, Ed Gottschalk, representing the Duck Key Property Owners; Hank Arnold, Tom Rooney, George R. Prout, Jr., Stanley Pijak, representing the Coral Key Park Co-op; Mrs. Graham Davis, Debra Harrison, representing the World Wildlife Fund; Pat Reeder, David L. Williamson, Ross Cunningham, Judith Adler, Richard Adler, Marby Causey, Dennis Kulig, John Fuhrman, Charles Causey, David B. Lyon, Doc Lewis Adam, and Ernie Forrest. Mr. Tobin addressed the Board a second time. Rebecca Jetton, representing the Department of Community Affairs also addressed 02/ 12/2002 2002/26 the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Resolution, as revised. Said Revision as follows: Section 2., Page 4 of 5 7. Revise Condition 12 by deleting all existing language, except for the last sentence and replacing it with the following: Wastewater Treatment Facility. Within ninety days from the effective date of the adoption of this Resolution, the Applicant shall cause Duck Ka Wastewater Cooperative Inc to enter such agreements with the Board of County Commissioners and/or the Florida Keys Aqueduct Authority (the "Agreement(s)") as may be needed to upgrade the Duck Key Wastewater Treatment Facility and extend Advanced Wastewater Treatment to the communities of Conch Key, Walker Kev. Duck Key and Indies Island Provided. however, this Development Order shall remain in full force and effect if the parties have not entered into such an agreement within ninety days so long as the Applicant is using best efforts to conclude an above described agreement as expeditiously as possible. No building permit for the additional hotel units authorized hereby may be issued until the Agreement has been duly executed and either work has commenced thereunder or such performance and payment bonds have been provided as may be required by the Agreement (s). Roll call vote was taken with the following results: Commissioner Neugent Yes Commissioner Spehar No Commissioner Williams Yes Mayor McCoy Yes Motion carried. RESOLUTION NO. 037-2002 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Williams and seconded by Mayor McCoy to adopt the following Resolution concerning ROGO exemption issues. Mr. Hendrick, and Attorney Betsy Bowman, with the firm Hopping, Green, Sams & Smith addressed the Board. Roll call vote was unanimous. RESOLUTION NO. 038-2002 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to reopen the agenda for Commissioner Spehar to change her vote to Yes on Resolution No. 037-2002. Roll call vote was unanimous. 02/ 12/2002 2002/27 FLORIDA KEYS AQUEDUCT AUTHORITY Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval of a Warranty Deed transferring ownership of a Portion of Crawl Key to the Florida Keys Aqueduct Authority (FKAA) for the purpose of constructing a wastewater treatment plant to serve the City of Marathon. Creation of a supporting conservation easement of an additional 3.65 acres of hammock on Crawl Key to be retained in County ownership or transferred to FKAA ownership at a future date. During discussion, the motion was amended by Commissioner Neugent and seconded by Mayor McCoy to delete the second sentence under the Staff Recommendations, as follows: Authorize staff to create 3.65 acre conservation easement from hammock outside the warranty deed parcel with future ownership to be decided. Roll call vote was taken with the following results: Commissioner Neugent Yes Commissioner Spehar No Commissioner Williams No Mayor McCoy No Motion failed. Roll call vote was taken on the original motion with the following results: Commissioner Neugent No Commissioner Spehar Yes Commissioner Williams Yes Mayor McCoy Yes Motion carried. COUNTY ATTORNEY Motion was made by Commissioner Neugent and seconded by Commissioner Williams to adopt the following Resolution designating Conch Key a cesspool identification and elimination, area (cold spot) and providing that such designation supersedes any prior designation. Motion carried unanimously. RESOLUTION NO. 039-2002 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Resolution designating Duck Key, excluding Hawk's Cay, a cesspool identification and eliminatination area (cold spot) and providing that such designation supersedes any prior designation. Motion carried unanimously. RESOLUTION 040-2002 Said Resolution is incorporated herein by reference. 02/ 12/2002 2002/28 Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to table approval of an Agreement for the Funding and Construction of Wastewater Collection Infrastructure between Monroe County, Hawk's Cay Investors Ltd., the Florida Keys Aqueduct Authority, Duck Key Wastewater Cooperative, Inc. and Utility Island, LLC. Roll call vote was unanimous. There being no further business to come before the Board, the meeting adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida GiiVl,Y.t9J Isabel C. DeSantis, Deputy Clerk