05/04/2011 Special2011/71
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Wednesday, May 4, 2011
Marathon, Florida
A Special Meeting of the Monroe County Board of County Commissioners
convened at 5:01 P.M., at the Marathon Government Center. Present and answering to roll call
were Commissioner Sylvia Murphy, Commissioner George Neugent and Mayor Heather
Carruthers. Absent were Commissioner David Rice and Commissioner Kim Wigington. Also
present at the meeting 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.
PRESENTATIONS
The Board, Growth Management Director Christine Hurley; and County Administrator
Roman Gast:esi recognized Staff and members of the Tier Designation Review Committee for
their hours of work on the tier designation review process. Members of the Tier Designation
Review Committee are as follows: Julie Cheon, Environmental Consultant; Randy Grau, Richard
Grosso, Amy Phillips and Winston Hobgood. Crystal awards were presented to the following
Staff members: Mayra Tezanos, Executive Assistant; Susan Grimsley, Assistant County
Attorney; Townsley Schwab, Senior Director - Planning and Environmental Resources; Michael
Roberts, Senior Administrator (Environmental); Tiffany Stankiewicz, Development
Administrator; Kathy Grasser, Comprehensive Planner; Bryan Davisson, Senior GIS Planner;
and Dr. Phil Frank, Ph.d - Monroe County consultant with Terramar Environmental Services,
Inc.
ADDITIONS, CORRECTIONS, DELETIONS
Item A There were no Additions, Corrections or Deletions made to the Agenda.
GROWTH MANAGEMENT/PUBLIC HEARINGS
Item B 1 The second required Public Hearing was held to consider an Ordinance by the
Monroe County Board of County Commissioners assigning, amending or ratifying the Tier
Overlay District Designations for approximately ninety-two (92) parcels competing for building
permits in the rate of growth ordinance (ROGO) allocation system. The proposed designations
are based on changes made to the Tier Overlay District (Chapter 130-130 of the Monroe County
Land Development Code) in accordance with the Final Order in DOAH Case No. 06-2449GM.
Item B2 The second required Public Hearing was held to consider an Ordinance by the
Monroe County Board of County Commissioners assigning Tier Overlay District Designations to
2011 /72
approximately one hundred ten (110) parcels determined to have no Tier on the Tier Overlay
District map(s) and which have been awarded an allocation in the ROGO competition OR have
been issued a building permit. The proposed designations are based on changes made to the Tier
Overlay District (Chapter 130-130 of the Monroe County Land Development Code) in
accordance with the Final Order in DOAH Case No. 06-2449GM.
Item B3 The second required Public Hearing was held to consider an Ordinance by the
Monroe County Board of County Commissioners assigning Tier Overlay District Designations to
approximately two thousand eight hundred ninety one (2,891) parcels determined to have no Tier
on the Tier Overlay District map(s) due to the removal of their previous Tier designation as a
result of the challenge. The proposed designations are based on changes made to the Tier Overlay
District (Chapter 130-130 of the Monroe County and Development Code) in accordance with the
Final Order in DOAH Case No. 06-2449GM.
Item B4 The second required Public Hearing was held to consider an Ordinance by the
Monroe County Board of County Commissioners amending or ratifying the Tier Overlay District
Designations for approximately three hundred one (301) parcels proposed for review by the
BOCC, staff or owners in Resolution No. 148-2006 dated March 15, 2006, which parcels
currently have a Tier designation. The proposed designations are based on changes made to the
Tier Overlay District (Chapter 130-130 of the Monroe County Land Development Code) in
accordance with the Final Order in DOAH Case No. 06-2449GM.
Christine Hurley, Growth Management Director discussed background
information and history of the Tier I, Il, I11 and IIIa designations.
For the record, replacement pages of the notebook were handed out - Exhibit 2 of
the Staff report had a replacement consisting of a new printout and pages 10, 24 & 25 of the Staff
Report were amended.
Susan Grimsley, Assistant County Attorney qualified as expert witnesses, Michael
Roberts - Senior Administrator (Environmental) and Dr. Phil Frank, Ph.d - Monroe County
consultant with Terramar Environmental Services, Inc. Mr. Roberts and Dr. Frank provided their
educational background and work experience.
Mr. Roberts discussed details of the TIER DESIGNATION Volume I and II
Notebooks and the TIER DESIGNATION Information Notebook.
Danny L. Kolhage, Clerk of the Court swore in the following public speakers who
signed up to address/testify before the Board:
Tim Bricker, representing property owners - Constantino Quiros for Real Estate #:
00510450-000000 and Magdalena Cabezas for Real Estate #: 00510460-000000, Map Series
Page 5. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Murphy to re-establish the properties a Tier 3 Designation. Motion carried
unanimously.
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Sharon Albury, for Real Estate #s: 00480640-000000 and 00480650-000000, Map
Series Page 33. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Murphy approving Staff s recommendation to establish the properties a Tier 3
Designation. Motion carried unanimously.
Owen Trepanier, representing property owner - Key Cow, LLC, for Real Estate #:
00123900-000000, Map Series Page 86. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Neugent approving the Tier Designation Review
Committee, Planning Commission and Staff recommendation to establish the property a Tier 1
Designation.. Roll call vote was unanimous.
Owen Trepanier, representing property owner - Parcels B and C, LLC, for Real
Estate #: 00123910-000000, Map Series Page 86. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Murphy approving Staff s
recommendation to establish the property a Tier 1 Designation. Roll call vote was unanimous.
Dennis Daley, representing property owner - Farina Richard for Real Estate #:
00210080-000000, Map Series Page 57 and property owner - Farina Salvador for Real Estate #:
00210090-000000, Map Series Page 57. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Murphy approving Staffs recommendation to establish
the properties a Tier 1 Designation. Roll call vote was unanimous.
Manuel and Patricia Cruz, for Real Estate #: 00448470-000000, Map Series Page
35. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Murphy approving the Tier Designation Review Committee and Staff s
recommendation to establish the property a Tier I Designation. Roll call vote was unanimous
Marlene Lundy, for Real Estate #: 00445680-000000, Map Series Page 35. After
discussion, emotion was made by Commissioner Murphy to designate the property a Tier 3.
Motion died for lack of a second. Motion was then made by Commissioner Murphy and
seconded by Commissioner Neugent to continue the item to tomorrow, May 5, 2011 at 1:00 p.m.,
so that the property could be re-evaluated by a County biologist. Motion carried unanimously.
(This item is discussed later in the meeting and voted upon).
William N. and Bonnie M. Coffin, for Real Estate #s: 00490160-000000,
00451220-0100000, and 00490130-000000, Map Series Page 38. The properties are designated
Tier 3 and were not changed. No official action was taken.
Norman Wartman, representing property owner - Molasses Reef Marina Corp.,
Real Estate #: 00090490-000000, Map Series Page 25. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Murphy to designate the northern half of
the property a Tier I and the southern half of the property a Tier 3. Motion carried unanimously.
Robert J. Vallis, for Real Estate #: 00222360-000000, Map Series Page 53. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner
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Murphy approve Staff s recommendation to designate the property a Tier 3. Motion carried
unanimously.
Maya Thomas, for Real Estate #s: 00210480-000000 and 00210490-000000, Map
Series Page :57. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Murphy approving the Planning Commission and Staff s recommendation to
designate the properties a Tier 3. Motion carried unanimously.
The Board further discussed the Marlene Lundy item - Real Estate #:
00445680-000000, Map Series Page 35, rather than continuing it to tomorrow - May 5, 2011 at
1:00 P.M., as agreed upon via a motion made earlier in the evening. Michael Roberts - Senior
Administrator (Environmental) and Dr. Phil Frank, Ph.d - Monroe County consultant with
Terramar Environmental Services, Inc., addressed the Board. Mr. Roberts and Dr. Frank focused
on the Planning Commission's Policy in relation to a certain subdivision which they felt met the
Tier 3 criteria which is a different recommendation by Staff and the Tier Development Review
Committee. Staff accepted the expert testimony of Dr. Phil Frank, Ph.d. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Neugent to
designate the property a Tier 3, based upon evidence produced today and not previously made
available. Roll call vote was unanimous.
The Board discussed the Exhibit II Spreadsheet with 19 "Parcels with Varying
Tier Recomimendations" that demonstrates parcels that had different recommendations from the
Tier Designation Review Committee, Planning Commission or Staff.
MAP SERIES 5
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent granting approval of Staff s revised recommendation to designate the following parcels
a Tier 3:
Challenge Area 106B: 00510310-000000; 00510300-000000, 00510290-000000
and 00510280-000000.
Challenge Area 106A: 00510430-000000, 00510420-000000 and
00510400-0000000.
Challenge Area 106C: 00510820-000000, 00510810-000000 and
00510800-000000.
Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval of Staffs recommendation to designate the following parcels a Tier
3A:
2011/75
Area 113B: 00466560-000000, 00466550-000000, and 00466540-000000.
Motion carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent granting approval of Staffs recommendation to designate the following parcels a Tier 3:
Area 113B: 00468390-000000 and 00468400-000000.
Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy to designate the following parcels a Tier 3:
Area 113B: 00468430-000000 and 00468420-000000.
Motion carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent to designate the following parcels located in the challenge area a Tier 3:
Area 113B: 00468310-000000 and 00468320-000000.
Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy to rescind the Board's action concerning parcel Ws: 00466560-000000,
00466550-000000 and 00466540-000000. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy for all parcels located within the defined area of 113B be designated Tier 3 pursuant to
Policy 105.2.1(3).
Motion carried unanimously.
MAP SERIES 10
Motion was made by Commissioner Neugent and seconded by Mayor Carruthers
approving the Tier designation of SPA per Planning Commission and Staff s recommendation
for the following parcels:
00544590-000000, 00544600-000000, 00544620-000000, 00545100-000000,
00545110-0�00000, 00545200-000000, 00545230-000000, 00545240-000000, 00545250-000000,
00545260-0�00000, 00545270-000000, 00545280-000000, 00545310-000000, 00545320-000000,
and 00545330-000000.
2011 /76
Motion carried unanimously.
MAP SERIES 12
Motion was made by Mayor Carruthers and seconded by Commissioner Neugent
designating the following parcels Tier 3 per Staff recommendation:
00548560-000000 and 00548710-000000.
Motion carried unanimously.
MAP SERIES 17
Motion was made by Commissioner Neugent and seconded by Mayor Carruthers
designating the following parcels Tier 3A per Staff recommendation:
00525110-000000, 00525370-000000, 00526620-000000, 00526630-000000,
00526640-000000, 00526740-000000, 00526750-000000, and 00526760-000000.
Motion carried unanimously.
MAP SERIES 19
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent designating the following parcel Tier 3 per Staff recommendation:
00453990-000000.
Motion carried unanimously.
MAP SERIES 20
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent designating the following parcels Tier 3 per Staff recommendation:
00522590-000000, 00522750-000000, 00522570-000000.
Motion carried unanimously.
MAP SERIES 25
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent designating the following parcels Tier 3A per Staff and Planning Commission's
recommendation:
Area 135B - Key Largo Yacht Club.
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Motion carried unanimously.
MAP SERIES 29
Motion was made by Mayor Carruthers and seconded by Commissioner Neugent
designating the following parcels Tier 3A per prior recommendation and Staff recommendation:
Area 142D - 00486700-000000, 00486900-000000, 00486920-000000,
00088590-000000, 00088600-000000; and for parcel 00487120-000000 designate as Tier 3.
Motion carried unanimously.
MAP SERIES 30
Motion was made by Mayor Carruthers and seconded by Commissioner Neugent
designating the following parcel Tier 3A per Staff and Planning Commission's recommendation:
00088570-000000.
Motion carried unanimously.
Motion was made by Mayor Carruthers and seconded by Commissioner Murphy
designating the following parcel Tier 3 pursuant to Policy 105.2.1(3):
00490090-000000, 00490100-000000, and 00490110-000000.
Motion carried unanimously.
Motion was made by Mayor Carruthers and seconded by Commissioner Neugent
designating the following parcels Tier 3 per Staff and Planning Commission's recommendation:
Challenge Area ELC 145E: 00484450-000000, 00484460-000000,
00484470-000000, 0484480-000000.
Motion carried unanimously.
MAP SERIES 33
Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy to maintain the designation Tier 3 for the following parcels:
00480640-000000 and 00480650-000000.
Motion carried unanimously.
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MAP SERIES 35
Motion was made by Commissioner Murphy and seconded by Mayor Carruthers
designating the following parcels Tier 3:
00447420-000000, 00447450-000000 and 00447460-000000.
Motion carried unanimously.
Motion was made by Mayor Carruthers and seconded by Commissioner Neugent
designating the following parcels a Tier 1 per Staff s recommendation:
00448140-000000, 00448150-000000, 00448380-000000 and 00448470-000000.
Motion carried unanimously.
Motion was made by Mayor Carruthers and seconded by Commissioner Neugent
accept Staff recommendation designating the remaining parcels located inside the challenge area
of 147A a Tier 3A, excluding parcels 00447420-000000, 00447450-000000 and
00447460-000000. Motion carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent designating the parcels located in Area 147C a Tier 3 per the Planning Commission's
recommendation. Motion carried unanimously.
MAP SERIES 40
Motion was made by Commissioner Murphy and seconded by Mayor Carruthers
designating the following parcels Tier 3 per Staffs recommendation:
00566010-000000 and 00566300-000000.
Motion carried unanimously.
MAP SERIES 54
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent designating parcel 00215130-000000 located in Area 371C a Tier 3 per Staff and
Planning Commission's recommendation. Motion carried unanimously.
MAP SERIES 57
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent for all parcels located in Area 387C be designated Tier 3 per Staff and Planning
Commission's recommendation. Motion carried unanimously.
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Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent for all parcels located in Area 387B be designated Tier 3 per Staff and Planning
Commission's recommendation. Motion carried unanimously.
MAP SERIES 58
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent for all parcels located in Challenge Area ELC 400A designated Tier 3 per Staff and
Planning Commission's recommendation. Motion carried unanimously.
MAP SERIES 59
Motion was made by Commissioner Murphy and seconded by Mayor Carruthers
designating the following parcels Tier 3 per Staff recommendation:
00114090-000000, 00114090-000100 and 00114120-000000.
Motion carried unanimously.
MAP SERIES 69
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent for all parcels located in Area ELC 441A designated Tier 3 per Staff recommendation.
Motion carried unanimously.
MAP SERIES 78
Motion was made by Commissioner Murphy and seconded by Mayor Carruthers
designating the Sugarloaf Lodge Property a Tier 3 and the remaining native areas a Tier I for the
following parcel:
00118420-000000
Motion carried unanimously.
The Board discussed Page 25 in the Memorandum dated April 20, 2011 from
Michael Roberts, Sr. Administrator/Environmental Resources and Tiffany Stankiewicz,
Development Administrator.
MAP SERIES 57
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent designating the following parcel Tier 1 per Staff recommendation:
00210500-000000
2011/80
Motion carried unanimously.
Motion was made by Mayor Carruthers and seconded by Commissioner Neugent
designating the following parcel Tier 1 per Staff recommendation:
00210811-005600
Motion carried unanimously.
Motion was made by Mayor Carruthers and seconded by Commissioner Neugent
designating the following parcel Tier 3A per Staff and the Tier Development Review
Committee's recommendation:
00445610-000000, 00445660-000000, 00445820-0000000 and
00445970-000000
Motion carried unanimously.
Motion was made by Mayor Carruthers and seconded by Commissioner Neugent
designating the following parcels 3A per Staff recommendation:
00445980-000000 and 00446940-000000
Motion carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent to adopt the following Ordinances ( Items B1, B2, B3 & B4 ) as recommended by Staff
with the changes on specific parcels as recommended by the Commission during the course of
the Public Hearings held on March 22, 2011 and May 4, 2011, based on new issues, data updates,
data errors, and recognition of a need for additional detail and based on the maps and exhibits
presented, the competent substantial evidence presented by Staff and others speaking at the
Public Hearing, and the application of the Comprehensive Plan Policies and Land Development
Code.
ORDINANCE NO.005-2011
Said Ordinance is incorporated herein by reference.
ORDINANCE NO. 006-2011
Said Ordinance is incorporated herein by reference.
ORDINANCE NO.007-2011
Said Ordinance is incorporated herein by reference.
ORDINANCE NO. 008-2011
Said Ordinance is incorporated herein by reference.
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Motion carried unanimously.
There being no further business, the meeting of the Board of County
Commissioner was ajourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
Isabel C. DeSantis, Deputy Clerk