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12/10/1996 Special 96/369 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Tuesday, December 10, 1996 Marathon, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 2:30 p.m., on the above date, at the Marathon Government Center. Present and answering to roll call were Commissioners Wilhelmina Harvey, Jack London, Mary Kay Reich Shirley Freeman and Mayor Keith Douglass. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Hendrick, County Attorney; James Roberts, 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 London and seconded by Commissioner Harvey granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Harvey granting approval to waive purchasing policies and procedures to purchase limerock fill for the Swartz Park Property, and to use the Road Department to perform the work. Motion carried unanimously. County Attorney, James T. Hendrick; community Services Director, Peter Horton and the Board discussed direction on the continuance of Monroe County vs. Marathon Air litigation. Motion was made by Commissioner Reich and seconded by Commissioner Freeman approving a Preliminary Settlement Agreement between Monroe County and Marathon Air. Roll call vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Reich granting approval to waive purchasing policies and procedures to purchase one (1) x-ray security screening system from EG&G Astrophysics Corporation for $31,500 and one (1) Garrett Magnascanner MT500 including hand-held from Kelly Co. for $3,129. Motion carried unanimously. Commissioner Harvey discussed the need to conduct a Third Public Hearing in the Upper Keys to consider text amendments to the Monroe County Land Development Regulations (LDRs) regarding tourist housing use, including vacation rentals. 96/370 Motion was made by Commissioner Reich and seconded by Commissioner Harvey to approve the above matter. Roll call vote was taken with the following results: commissioner Freeman No Commissioner Harvey Yes Commissioner London No Commissioner Reich Yes Mayor Douglass No Motion failed. Bob Regan, Chairperson of the Monroe County FEMA Task Force made a presentation to the Board concerning FEMA issues. FEMA Board members Brian Schmitt, Ed Lett, Jay Miller and Ed Swift were introduced and addressed the Board along with County Administrator, James Roberts and Growth Management Director, Bob Herman. The Board received public input. The following individuals addressed the Board: Ralph Talent, Michelle Hardin and Department of Community Affairs Planning Manager for the Florida Keys, Ty Symroski. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to adopt the recommendations of the Task Force and to make them an integral part of the negotiations with FEMA. Motion carried unanimously. Motion was made by Mayor Douglass and seconded by Commissioner Freeman appointing commissioner Harvey as their representative in negotiations with FEMA. Commissioner Harvey declined the appointment. The motion was withdrawn. Motion was made by Mayor Douglass and seconded by Commissioner Freeman to appoint Commissioner London as their representative in negotiations with FEMA. Roll call vote was unanimous. Motion was made by Mayor Douglass and seconded by Commissioner Harvey authorizing expenditures of the Task Force for travel associated with FEMA negotiations. Motion carried unanimously. Commissioner London advised the Board that he had decided to decline the appointment as the Board's representative in negotiations with FEMA. Motion was made by Commissioner London and seconded by Mayor Douglass to appoint commissioner Reich to represent the Board in negotiations with FEMA. Roll call vote was taken with the following results: 96/371 commissioner Freeman No Commissioner Harvey Yes Commissioner London Yes Commissioner Reich Yes Mayor Douglass Yes Motion carried. PUBLIC HEARING A Public Hearing was held to consider text amendments to the Monroe County Land Development Regulations (LDRs) regarding tourist housing use, including vacation rentals. County Administrator, James Roberts; Planning Director, Timothy McGarry; County Attorney, James T. Hendrick, and Attorney Ralf Brookes, addressed the Board. The Board received public input. The following individuals addressed the Board: Eric Beattie, Linda Yorde, Thomas McGregor, Joe Kite, Ed Hoover, Robert Schneider, Leon Shal, Eugene Shinkevich, Eugene Paxton, Gene Moody, Denise Werling, Tom Garrettson, Sara Cook, Capt. Michael Vaughn, H. T. pontin, Judith Adler, Larry Bohannon, Patti Stanley, David Thomas, Ann Nickerson, Ray Kitchener, Paula Nardone, T. M. Wiley, P. Morgan Hill, Dr. Robert Gurin, Vince Howard, Robin Riley, Dr. William Milner, Claire Lang, Alexa Wheeler, Jay Marzella, and Dana Child. Motion was made by Mayor Douglass and seconded by Commissioner London directing Staff to draft an Ordinance that would provide that the ability to operate short term rentals be considered as-of-right in the zoning districts as set forth in the "Compromise Ordinance" dated December 10, 1996. Roll call vote was unanimous. Motion was made by Mayor Douglass and seconded by Commissioner Freeman directing Staff to draft a licensing Ordinance to include short term rental regulations and licensing fees. Roll call vote was unanimous. Motion was made by Mayor Douglass and seconded by Commissioner London directing Staff to draft an application process for home owners in URM, URM-L, & IS Subdivision designations to follow to have current zoning changed to permit or prohibit short term rental activity. Roll call vote was unanimous. Danny L. Kolhage Clerk to the Board of County Commissioners of Monroe County Dep~kC.. ~~ ~ To From: Date: Re Permit No. 96-3-2338 95-3-2255 96-3-2335 96-2-1081 95-1-1781 96-1-178 95-1-1348 95-1-1844 Permit # 96-3-1894 MEMORANDUM Danny Kolhage, Clerk of the Court Robert Herman, Growth Management Directo~ October 28, 1996 Clarification of Agenda Item - - - - - - - - - - - - - - - - - - - - - - - - - - 8 AFFORDABLE HOUSING DEED RESTRICTIONS Name on Aqenda Item Name on Deed Restriction Robert Huard Robert M. Huard Chester Kaczka Chester Kaczka Patricia Ward & Curtis Smart Patricia A. Ward & Curtis W. Smart Gerald Jones Gerald L. Jones & James W. Jones George & Kathie Rockett George and Kathie Rockett III Kris Bremer Kris & Tina Bremer Armando & Ellen Barrows Armando A. & Ellen L. Barrows Manuel Castillo J. Manuel Castillo Sr. & Lorraine Castillo 22 PEOPLE DEDICATING 28 LOTS TO MONROE COUlfI'Y Name on Aqenda Item Name on Warranty Deed Leqal L8,Block 40 Pine Crest, L4&5,Block 14, Palm Villa, L2,Block 7, Palma Sola Marek Kiyashka Marek Kiyashka aka Mark Kiyashka (3 Deeds) f 96-3-2013 96-3-2023 96-3-2864 96-3-2076 96-3-1324 96-1-1049 96-1-1143 96-1-1144 96-1-1192 96-1-633 96-1-162 96-1-407 96-1-398 96-1-1037 96-1-1064 96-1-1305 Ronald Gillman Antonio & Mayra Montes Spencer Pass Spencer Pass Rene Gonzalez Richard Castillo Jerome Baker Pine Channel Ests. Shawn McBratnie Steven & Tina Bergstrom Thomas and Connie McCormack Fred and Teresa Sims Kerry and Sandra Highsmith . Upper Keys Marine Const. L19 & 20, Block 3 Palma Sola Antonio Montes and Mayra Montes L6, Block 9 Kinercha Spence H. Pass L30, BL 3, Palma Sola Spence H. Pass L29, BL 3, Palma Sola Rene M. Gonzalez L13, BL 9 Kinercha Richard E. Castillo L13 &14, Block 6, Rev. Plat Torch Key Estates Robert H. Hirsch L24, BL 4, Rev. Plat Torch Key Estates Thomas D. Ryan and Carrie S. Ryan L19, BL 2, Kinercha Shawn McBratnie L10&11,BL 5 Kinercha Tina Bergstrom L16, BL 18, Palm Villa Thomas M. McCormack Connie R. McCormack L9, BL 25, Palm Villa Fred A. Sims L13, BL 5, Kinercha Kerry L. Highsmith L14, BL 5, Kinercha Charles & Constance Charles D. Eidschun and LIS, BL 8, Eidschun Constance D. Eidschun Palm Villa William & Kandi Ballard Gerold Krause William S. and Kandi Ballard LlO, BL 18, Palm Villa Gerold Krause L11, BL 10, Palm Villa Page 2 ..__.....~_.'".'.".,~._~ W.',~. -"'....1...''"''__..,. _'_~~-'-'''''_...,_~..._..._,.',.,., ...-..-"'-"'______.. , .. 96-1-958 Steven & Karen Mocsary Steven J. Mocsary and Karen F. Mocsary 96-1-887 Jack & Hilda Nolan Jack Nolan 96-1-1405 Alfred & Kristin Alfred Mercier Mercier 96-1-885 Wendell Smith Wendell Smith and Tina Smith 96-1-862 Jo Elsa, Soldano Lawrence E. Schober 5 RESTRICTIVE COVENANTS FOR CONTIGUOUS LOTS Permit # Name on Agenda Item Name on Restrictive Covenant 96-3-2453 Bruce ~elson Bruce Nelson 96-3-2697 Bruce Nelson Bruce Nelson 96-1-1456 Joseph Selah Joe Selah and Robert A. Lomrance 96-1-1457 Dietmar & Gudrun Menck Dietmar & Gudrun Menck 96-1-1379 Bernadette & Phil Linebarger Phil Linebarger and Bernadette Linebarger Page 3 L14, BL 7, Tropical Key Colony L2, BL 32, Palm Villa L8, BL 23, Port Pine Hgts. #2 Ll, BL 32, Palm Villa L22, BL 9 Kinercha Legal L 1 & 2 Block 17 Largo Sound Park L 1 & 2 Block 6 Largo Sound Park L 11 & 12 Ramrod Shores Third Add. L4 & 5, Block 24 Eden Pines Colony #3 L12 & 13 Orchid Park .