06/02/2009 Special
114
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Tuesday, June 2,2009
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 Mario DiGennaro,
Commissioner Sylvia Murphy, Commissioner Kim Wigington, and Mayor George R.
Neugent. Also present were Roman Gastesi, County Administrator; Debbie Frederick,
Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage,
Clerk; 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 Carruthers and seconded by Commissioner
Wigington to add to today's agenda an item concerning the addition of infrastructure on
No Name Key to the June 9,2009 agenda of the Development Review Committee. Drew
Trivette, Growth Management Director discussed the matter. Motion carried
unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider an Ordinance by the Monroe County
Board of County Commissioners approving the request by Sievers Marine, Inc., to amend
the Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed
Use/Commercial (MC) for property legally described as Block 1, Lot 11, Lot 12 and Lot
13 Ocean Isle Est PB5-14 Key Largo, Monroe County, having Real Estate Numbers
00538170-000000, 00538180-000000 and 00538190-000000; Providing for severability
and repeal of inconsistent provisions; Providing for transmittal to the Department of
Community Affairs and the Secretary of State; providing an effective date. The Board
accepted public input with the following individuals addressing the Board: Mike Black,
John Donnelly, Ron Sievers, representing Sievers Marine, Inc.; and W. F. McCain,
representing Sievers Marine, Inc. Drew Trivette, Growth Management Director
discussed the matter. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Carruthers to adopt the following Ordinance. Roll call
vote was unanimous.
ORDINANCE NO. 017a-2009
Said Ordinance is incorporated herein by reference.
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A Public Hearing was held to consider an Ordinance by the Monroe County
Board of County Commissioners approving the request by Roseann & Rudolph Krause,
Trustees to amend the Future Land Use (FLUM) designation from Residential Low (RL)
to Mixed Use/Commercial (MC) for property legally described as Section 31, Township
66 South, Range 29 East, Ramrod Key, Pt 1 Monroe County, Florida, having real estate
number as 00114150.000400 and a portion of property legally described as Section 31,
Township 66 South, Range 29 East, Ramrod Key, Pt 1 Monroe County, Florida, having
real estate number 00114150.000000; Providing for severability and repeal of
inconsistent provisions; Providing for transmittal to the Department of Community
Affairs; Providing for an effective date. The Board accepted public input with the
following individual addressing the Board: Rudy Krause. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the
following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 018-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance by the Monroe County
Board of County Commissioners approving the request by Lloyd A. Good, Jr., to amend
the Future Land Use Map (FLUM) designation from Residential Conservation (RC) to
Mixed Use/Commercial (MC) for a portion of property legally described as Section 3,
Township 67, Range 27, SugarloafKey, Pt Lot 3 & Pt Lot 4, Monroe County, Florida,
having Real Estate Number 00118420.000000; Providing for severability and repeal of
inconsistent provisions; Providing for transmittal to the Department of Community
Affairs; Providing for an effective date. The Board accepted public input with the
following individual addressing the Board: Lloyd Good, Jr. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the
following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 019-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance by the Monroe County
Board of County Commissioners adopting amendments to the Monroe County 2010
Comprehensive Plan to revise sections of the Livable CommuniKeys Master Plan for Big
Pine Key and No Name Key; Clarifying sections inconsistent with the Habitat
Conservation Plan, Incidental Take Permit, and Monroe County Code; Providing for
severability and repeal of inconsistent provisions; Providing for transmittal to the
Secretary of State and the Department of Community Affairs; Providing for an effective
date. There was no public input. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner DiGennaro to adopt the following Ordinance.
Roll call vote was unanimous.
ORDINANCE NO. 020-2009
Said Ordinance is incorporated herein by reference.
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A Public Hearing was held to consider an Ordinance by the Monroe County
Board of County Commissioners adopting amendments to the Monroe County 2010
Comprehensive Plan to revise sections of the Potable Water Element and the
Intergovernmental Coordination Element regarding water supply concurrency, adopting a
10-year Water Supply Plan; Providing for severability and repeal of inconsistent
provisions; Providing for transmittal to the Secretary of State and the Department of
Community Affairs; Providing for an effective date. The Board accepted public input
with the following individual addressing the Board: Ron Miller. Drew Trivette, Growth
Management Director discussed the matter. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 021-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance by the Monroe County
Board of County Commissioners adopting amendments to the Monroe County 2010
Comprehensive Plan to revise sections of the Transportation Element, The Recreation
and Open Space Element, and Intergovernmental Coordination Element regarding the
Florida Keys Scenic Highway and Florida Keys Overseas Heritage Trail; Providing for
severability and repeal of inconsistent provisions; Providing for transmittal to the
Secretary of State and the Department of Community Affairs; Providing for an effective
date. There was no public input. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner DiGennaro to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 022-2009
Said Ordinance is incorporated herein by reference.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney discussed a request to schedule a closed
executive session of the Board of County Commissioners in the matters of (a) Monroe
County v. Marcia Turner and Garabet Khatchikian, Case No. 07-CA-101-M, and (b)
Monroe County v. Khatchikian and Turner, Code Enforcement Case No. CE06120166
(Monroe County Circuit Court Case No. 07-CA-319-K), during its regular meeting
scheduled for June 17,2009 in Marathon. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Wigington to hold the closed
session on the mater at 1 :30 PM on June 17,2009 at the Marathon Government Center.
Motion carried unanimously.
BUDGET & FINANCE
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy to adopt the following Resolutions. Motion carried unanimously.
Transfer of Funds (OMB Schedule Item No.1).
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RESOLUTION NO. 159-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 160-2009
Said Resolution is incorporated herein by reference.
GROWTH MANAGEMENT
The Board discussed a response to Florida Power and Light's (FP &L) application
to the Army Corps of Engineers (ACOE) to expand the Everglades Mitigation Bank
service area to include Monroe County and the Florida Keys and requesting that the
ACOE reject the application. The following individual addressed the Board: Jeanette F.
Hobbs, manager of the Keys Environmental Restoration Fund - Audubon of Florida.
After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Murphy granting approval for the Mayor to send a letter to the Army
Corps of Engineers requesting that the application be rejected. Motion carried
unanimously.
The Board discussed a counter settlement proposal to resolve the outstanding
issues associated with Comprehensive Plan Amendment package 08-01 (working
waterfront amendments) with direction to the Growth Management Division and the
County Attorney's Office. The following individuals addressed the Board: Ron Demes,
representing Naval Air Station - Key West; Don Riggs, representing the M-I0 Coalition;
Ron Miller, representing the Upper Keys Citizen's Association; Jerry Coleman,
representing Robbie's Marina; Eric Dickstein, representing Fishbusters; Diane Beruldsen,
Kay Thacker, and Roger Bernstein, representing Safe Harbor Enterprises, Inc. Drew
Trivette, Growth Management Director and Suzanne Hutton, County Attorney discussed
the matter. After discussion, motion was made by Commissioner Murphy and seconded
by Commissioner Carruthers to transmit the proposed amendment to the Department of
Community Affairs. Roll call vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro No
Commissioner Murphy Yes
Commissioner Wigington No
Mayor Neugent No
Motion failed. Motion was then made by Commissioner DiGennaro and seconded by
Commissioner Carruthers to bring back at the June BOCC meeting a withdrawal of the
existing amendment. Motion carried unanimously.
The Board discussed a resolution confirming support for and authorizing staff to
expediently pursue the amendment of Monroe County's Land Development Regulations
to revise the existing transient unit redevelopment procedure and to clarify multi-room
unit construction regulation. The following individuals addressed the Board: Ron Miller
and Diane Beruldsen. Drew Trivette, Growth Management Director discussed the matter.
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After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Carruthers to table the item. Roll call vote was unanimous.
The Board discussed the addition of an item to be heard before the Development
Review Committee on June 9, 2009 concerning infrastructure on No Name Key.
Suzanne Hutton, County Attorney and Drew Trivette, Growth Management Director
discussed the matter. The following individuals addressed the Board: Donald Craig,
representing No Name Key Residents Property Owners; Beth Ramsay-Vickrey, Donna
Bosold, Alicia Putney, representing the Solar Community of No Name Key; and Diane
Beruldsen. After discussion, motion was made by Commissioner DiGennaro and
seconded by Commissioner Carruthers that the item go forward before the DRC on June
9,2009. Roll call vote was unanimous.
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
~a.WQ. ~
Isabel C. DeSantis, Deputy Clerk