05/23/2008 Public Hearing/Special
110
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Public Hearing
Board of County Commissioners
Friday, May 23,2008
Marathon, Florida
A Special Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Key Largo Library. Present and answering to roll call were
Commissioner Mario DiGennaro, Commissioner George R. Neugent, Commissioner
Dixie M. Spehar and Mayor Charles "Sonny" McCoy. Commissioner Sylvia Murphy
arrived shortly after the meeting began. Also present at the meeting were Roman Gastesi,
County Administrator, Debbie Frederick, Assistant County Administrator; Suzanne
Hutton, County Attorney; Isabel C. DeSantis, Deputy Clerk; County Staff, members of
the press and radio; and the general public.
ADDITIONS, CORRECTIONS & DELETIONS
Motion was made by Commissioner Spehar and seconded by Commissioner
McCoy granting approval of Additions, Corrections & Deletions to the Agenda. Roll call
vote was taken with the following results:
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion failed.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney discussed add-on item number C.3 concerning
a Ground Lessor Consent Agreement and Subordination, Non-Disturbance and
Attornment Agreement. After discussion, motion was made by Commissioner Spehar
and seconded by Commissioner Neugent granting approval of Additions, Corrections &
Deletions to the agenda, without the inclusion of item. C.3. Motion carried unanimously.
ENGINEERING
The Board discussed the reconsideration and possible action on the April 16, 2008
approval of a contract with MBI/K2M for consulting services for the Americans with
Disabilities Act (ADA) Compliance Assessments for Monroe County Facilities and
Roads. Jimmy Morales, representing ADAAG Consulting Services, LLC, addressed the
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Board. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion
was made by Commissioner Spehar and seconded by Commissioner Murphy to cancel
the Contract with MBI/K2M as of May 23,2008 and that Staff be directed to go out for
Request for Qualifications (RFQ) in the most expedited manner possible and, as a result
of that process, bring back to the Board their recommendation or recommendations as
quickly as possible. Roll call vote was unanimous. Michael Ingrahm addressed the
Board.
Motion was made by Commissioner Spehar and seconded by Commissioner
McCoy to adopt the following Resolution authorizing the Mayor/Chairperson to sign all
legal papers on behalf of the County and extending for 60 days the presently authorized
signature. Roll call vote was unanimous.
RESOLUTION NO. 149a-2008
Said Resolution is incorporated herein by reference.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution transmitting to
the Florida Department of Community Affairs an Ordinance by the Monroe County
Board of County Commissioners approving a request by the Monroe County Planning &
Environmental Resources Department to amend the Future Land Use Map (FLUM)
designation Residential Conservation (Re) to Recreation (R) of property legally
described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County,
Florida, having real estate numbers 00211090.000000 & 00211100.000000. There was
no public input. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Murphy to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 150-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution transmitting to
the Florida Department of Community Affairs an Ordinance by the Monroe County
Board of County Commissioners approving the request by the Monroe County Planning
& Environmental Resources Department to amend the Future Land Use Map (FLUM)
designation from Mixed Use/Commercial (Me) to Recreation (R) of property legally
described as Whispering Pines Plat No.3, PB4-59, Big Pine Key Tract A, Big Pine Key,
Monroe County, Florida, having real estate number 00286360.000000. There was no
public input. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Spehar to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 151-2008
Said Resolution is incorporated herein by reference.
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A Public Hearing was held to consider adoption of a Resolution transmitting to
the Florida Department of Community Affairs an Ordinance by the Monroe County
Board of County Commissioners approving the request by Crown Four, LLC, on behalf
of the Trustees ofthe Big Pine Key Congregation of Jehovah's Witnesses Trust, Peter
Abrahamsen & Lucky's Landing Inc. to amend the Future Land Use Map (FLUM)
designation from Institutional (INS) to Mixed Use/Commercial (MC) of property legally
described as Lot 1, Part Lot 2 & Part State Road No.5, Barry Beach, Little Torch Key,
PB2-127, Monroe County, Florida, having real estates 00214960.000000 &
00214960.000100 & part of 00214970.000000. The Board accepted public input with the
following individual addressing the Board: Mike Cunningham. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 152-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution transmitting to
the Florida Department of Community Affairs an Ordinance by the Monroe County
Board of County Commissioners approving the request by Seafarer Resort, LLC to
amend the Future Land Use Map (FLUM) designation from Residential Low (RL) to
Mixed Use/Commercial (MC) for property legally described as Island of Key Largo, Part
Lot 10, Monroe County, Florida, having real estate number 00091010.000000. The
Board accepted public input with the following individuals addressing the Board: Donna
Bosold, with the Craig Company and representing Seafarer Resort, LLC; and Barry
Patterson. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Murphy to adopt the following Resolution. Roll call vote was taken with
the following results:
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion carried.
RESOLUTION NO. 153-2008
Said Resolution is incorporated herein by reference.
Andrew Trivette, Growth Management Director read into the record - Should
anyone have written comments for any of to day's Public Hearing items to please submit
those comments to the Growth Management Division for inclusion in the transmittal
package.
A Public Hearing was held to consider adoption of a Resolution transmitting to
the Florida Department of Community Affairs an Ordinance by the Monroe County
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Board of County Commissioners approving the request by EL, EL, SI, LLC to amend the
Future Land Use Map (FLUM) designation from Residential High (RH) to Mixed
Use/Commercial (Me) for property legally described as Island of Key Largo PB 1-59 Pt
Lots 9 & 10 & .71 Ac Bay Btm, Monroe County, Florida, having real estate number
00091090.000000. The Board accepted public input with the following individuals
addressing the Board: Donna Bosold, with the Craig Company and representing EL, EL,
SI, LLC; and Barry Patterson. After discussion, motion was made by Commissioner
Spehar and seconded by Commissioner McCoy to adopt the following Resolution. Roll
call vote was taken with the following results:
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion carried.
RESOLUTION NO. 154-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution transmitting to
the Florida Department of Community Affairs an Ordinance by the Monroe County
Board of County Commissioners approving the request by Dancing Bear Properties LLC
to amend the Future Land Use Map (FLUM) designation from Residential Medium (RM)
to Mixed Use/Commercial (Me) for property legally described as Seaside PBI-97 Key
Largo Pt Lot 22 Sqr 1 & Re-Sub Seaside PB2-10 Key Largo Pt Sqr 4 PB2-10 aIkIa Lots 1
& 2 Sqr 4 PB 1-97 & Bay Btm Adj to Lots 1 & 2 & Pt Gov Lot 4 Adj Ocean View Blvd
Seaside PB 1-97 & PB 2-10, Monroe County, Florida, having real estate numbers
00491690.000000,00491700.000000 & 00492290.000000. Suzanne Hutton, County
Attorney discussed the matter. The Board accepted public input with the following
individuals addressing the Board: Pauline Klein, representing the Island of Key Largo
Federal of Homeowner's Association; Laura Gail Collins, Ron Miller, Attorney Nick
Mulick, representing Dancing Bear Properties LLC; Barry Patterson, representing Smart
Planning & Growth Coalition; and Howard Kolbenheyer, Owner/Operator of the subject
property. Andrew Trivette, Growth Management Director discussed the matter. After
discussion, motion was made by Commissioner Spehar and seconded by Mayor
DiGennaro to adopt the following Resolution. Roll call vote was taken with the
following results:
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
114
Motion carried.
RESOLUTION NO. 155-2008
Said Resolution is incorporated herein by reference.
The first of two Public Hearing was held to consider adoption of an Ordinance
extending Interim Development Ordinance No. 017-2005; adopting an Interim
Development Ordinance deferring the acceptance of Development Applications for the
redevelopment and conversion of marine facilities, including commercial marinas and the
working waterfront, until necessary land development regulations and comprehensive
plan amendments are drafted and effective; providing for exemptions; providing for
severability and repeal of inconsistent provisions; providing for transmittal to the Florida
Department of Community Affairs (DCA) and the Secretary of State; providing for an
effective date; providing for an expiration date. The Board accepted public input with the
following individuals addressing the Board: Gail Kenson, Community Planner with
Naval Air Station Key West; Sherry Popham, Dwight M. Wells, and Owen Trepanier.
Andrew Trivette, Growth Management Director discussed the matter. The Board took no
official action.
A Public Hearing was held to consider adoption of a Resolution transmitting to
the Department of Community Affairs an Ordinance amending Monroe County Year
2010 Comprehensive Plan Policies governing maximum densities for Affordable and
Workforce Housing; rescinding Resolution 060-2008. The Board accepted public input
with the following individual addressing the Board: Gail Kenson, Community Planner
with Naval Air Station Key West. Andrew Trivette, Growth Management Director
discussed the matter. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Murphy to deny the item. Roll call vote was taken with the
following results:
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Spehar No
Commissioner McCoy No
Mayor DiGennaro No
Motion failed.
Motion was made by Commissioner Spehar and seconded by Commissioner
McCoy to adopt the following Resolution. Roll call vote was taken with the following
results:
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
115
Motion carried.
RESOLUTION NO. 156-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution transmitting to
the Department of Community Affairs an Ordinance amending policies applicable to the
Educational Future Land Use Category of the Monroe County Year 20 I 0 Comprehensive
Plan; rescinding Resolution 059-2008. The Board accepted public input with the
following individual addressing the Board: Gail Kenson, Community Planner with Naval
Air Station Key West. Andrew Trivette, Growth Management Director discussed the
matter. Motion was made by Commissioner Spehar and seconded by Commissioner
McCoy to adopt the following Resolution. Roll call vote was taken with the following
results:
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion carried.
RESOLUTION NO. 157-2008
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy granting approval to reschedule the time originally set by the Board on May 21,
2008 for two (2) Closed Sessions to be held June 18, 2008 for 2: 15 p.m. in the case of
Department of Communi tv Affairs v. Monroe Countv. et aI, DOAH Case No. 08-2035
and 2:45 p.m. in the case of Celeste Bruno v. Monroe Countv. Case No. CV 07-10117
due to several 3:00 p.m. Public Hearings previously scheduled. Motion carried
unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
Spehar granting approval to rescind the Declaration of Easement between the Utility
Board of Key West (Grantor) and Monroe County and Clear Channel Broadcasting, Inc.
(Grantees) approved at the May 21,2008 meeting; and granted approval and authorized
execution of the Declaration of Easement between the Utility Board of Key West
(Grantor) and Monroe County and Clear Channel Broadcasting, Inc. (Grantee) as
presented on May 23, 2008. Motion carried unanimously.
Suzanne Hutton, County Attorney advised the Board that she did not have
sufficient information at this time to add agenda Item C.3 to today's agenda.
116
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
QoJ,.&~. ~~
Isabel C. DeSantis, Deputy Clerk