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02/26/2013 Agenda AGENDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Any person who wishes to be heard shall provide the Clerk with his or her name and residence and the agenda item on which he or she wishes to be heard. Such information shall be on a card provided by the County. Once public input begins, there will be no further speaker cards allowed to be submitted to the Clerk for that subject. An individual has three minutes and a person representing an organization has five minutes to address the Board (except that individuals wishing to speak during public hearings pertaining to land use issues will have five minutes). The first person representing the organization will be allowed the five minutes. Subsequently, all other speakers on behalf of that organization have three minutes to address the Board. Once an individual has addressed the Board, he or she will not be permitted to return to the podium for follow-up comments, unless the issue involved is quasi judicial in nature. In that case, the applicant may return to the podium to conclude his or her position at the end of the public hearing. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". Please note that all time approximate items are listed in bold. Tuesday, February 26, 2013 Marathon Government Center 2798 Overseas Hishway, MM 47.5 (Gulf) Marathon, Florida TIME APPROXIMATESPECIAL MEETING 9:00 A.M. CALL TO ORDER INVOCATION SALUTE TO FLAG A.ADDITIONS, CORRECTIONS, DELETIONS 1 B. CLOSED SESSION 1. An Attorney-Client Closed Session in the matters of: 1) Monroe County v. Utility Board of the City of Key West, dba Keys Energy Services, Case No. CA-K-12-549; 2) Alicia Roemmele-Putney, et al. v. Robt. D. Reynolds, et al., Case No. 3D12-333 (formerly styled as Roemmele-Putney, et al. v. Monroe County, et al., Case No. 3D12-333, Lower Tribunal Case No. CA-K-11-342); 3) Reynolds v. Utility Bd. of the City of KW, dba Keys Energy Services, PSC Docket No. 120054-EM; 4) James B. Newton, Ruth L. Newton, Robert D. Reynolds and Julianne C. Reynolds v. Monroe County, CaseNo.2013-CA-86-K;and 5) An administrative appeal by James D. Newton, re: Property at 2047 Bahia Shores Road, No Name Key, Planning Department File No. 2012-096 also styled as James B. Newton & Ruth Newton, Appellants, v. Monroe Co. Planning Commission, Appellee, DOAH Case No. 13-000083. VIEW C. COUNTY ATTORNEY 1. Discussion and direction to legal staff regarding the pending matters of: 1) Monroe County v. Utility Board of the City of Key West, dba Keys Energy Services, Case No. CA-K-12-549; 2) Alicia Roemmele-Putney, et al. v. Robt. D. Reynolds, et al., Case No. 3D12-333 (formerly styled as Roemmele-Putney, et al. v. Monroe County, et al., Case No. 3D12-333, Lower Tribunal Case No. CA-K-11-342); 3) Reynolds v. Utility Bd. of the City of KW, dba Keys Energy Services, PSC Docket No. 120054-EM; 4) James B. Newton, Ruth L. Newton, Robert D. Reynolds and Julianne C. Reynolds v. Monroe County, Case No. 2013-CA-86-K; and 5) An administrative appeal by James D. Newton, re: Property at 2047 Bahia Shores Road, No Name Key, Planning Department File No. 2012-096 also styled as James B. Newton & Ruth Newton, Appellants, v. Monroe Co. Planning Commission, Appellee, DOAH Case No. 13-000083. VIEW D. GROWTH MANAGEMENT 1. Discussion regarding the Key Largo Wastewater Treatment District CR-905 improvement project relative to the Coastal Barrier Resources System (CBRS) Unit #FL-35 and the expenditure of federal funds. VIEW 2. Discussion and approval of the Eighth (8th) Amendment to the agreement for professional services with Keith and Schnars (K&S), P.A., for additional services to evaluate the Coastal Barrier Resource System (CBRS) Comprehensive Plan policies and Land Development Code regulations. VIEW 2 D.GROWTHMANAGEMENT-CONTINUED 3. Discu Plan and Land Development Code regarding the Coastal Barrier Resources System (CBRS) and potential timelines and procedures for amendments due to new data and analysis. VIEW 3 BOARD OF COUNTY COMMISSIONERS Id County of Monroe it Mayor George Neugent, District 2 e , Mayor Pro Tem, Heather Carruthers, District 3 The Florida. Keys _ Danny L. Kolhage, District 1 ;.,, David Rice, District 4 Sylvia J. Murphy, District 5 Mayor George Neugent District 2 Commissioner 25 Ships Way Big Pine Key, FL 33043 Memo To: Amy Heavilin, Clerk of the Court From: George Neugent, Mayor Owyc /Ve ryr,,rt Cc: County Commissioners, County Administrator & County Attorney Date: February 15, 2013 Re: Special meeting Pursuant to Section 1.02(b) of the Administrative Procedures of the Board of County Commissioners of Monroe County, I am calling a Special Meeting of the Board for Tuesday, February 26, 2013 at 9 am at the Marathon Government Center. The purpose of the Special Meeting will be to discuss provisions of the County's comprehensive plan and land development code regarding the Coastal Barrier Resources System including but not limited to: 1. The closed attorney client executive session that the County Attorney will be requesting in item 0 5 on the February 20, 2013 agenda, involving the following cases: Monroe County v. Utility Board of the City of Key West, dba Keys Energy Services, Case No. CA -K -12 -549; Roemmele- Putney, et al. v. Monroe County, et al., Case No. 3D12 -333, Lower Tribunal Case No. CA -K -11 -342; Reynolds v. Utility Bd. of the City of KW, dba Keys Energy Services, PSC Docket No. 120054 -EM; James B. Newton, Ruth L. Newton, Robert D. Reynolds and Julianne C. Reynolds v. Monroe County, Case No. 2013- CA -86- K. 2. Item J 1 on the BOCC's February 20, 2013 agenda — Discussion and direction regarding the Key Largo Wastewater Treatment District CR -905 improvement project relative to the Coast Barrier Resources System (CBRS) Unit #FL -35 and the expenditure of federal funds; 3. Approval of the Eighth (8 Amendment to the agreement for professional services with the Keith and Schnars (K &S), P.A. for additional services to evaluate the Coastal Barrier Resource System (CBRS) Comprehensive Plan policies to determine whether they add any additional protection to land over and above existing Comprehensive Plan and Land Development Regulations (LDRs). 4. Discussion and direction to staff regarding provisions of the County's comprehensive plan and land development code regarding the Coastal Barrier Resources System; 5. Discussion and direction to legal staff regarding the following cases Monroe County v. Utility Board of the City of Key West, dba Keys Energy Services, Case No. CA -K -12 -549; Roemmele- Putney, et al. v. Monroe County, et al., Case No. 3D12 -333, Lower Tribunal Case No. CA -K -11 -342; Reynolds v. Utility Bd. of the City of KW, dba Keys Energy Services, PSC Docket No. 120054 -EM; James B. Newton, Ruth L. Newton, Robert D. Reynolds and Julianne C. Reynolds v. Monroe County, Case No. 2013- CA -86 -K. Thank you. • Page l of l Pam Hancock From: "Pam Hancock" <phancock @monroe- clerk.com> To: "WFFG" <morningmix @bellsouth.net >; "Island 107" <mail @island107.com >; "BigPine /Lower Keys Free Press" <marathon @keysnews.com >; "Key West Citizen" <ahenson @keysnews.com >; "Ocean Reef Press" <oceanreef @keysnews.com >; "The Reporter' <dgoodhue @keysreporter.com >; "US 1 Radio" <news @us1 radio.com >; "Tom O'Hara" <tohara @keysnews.com >; "Beverly Traeger' <btraeger @keynoter.com >; "Jason Koler" <jason @keysweekly.com> Sent: Friday, February 15, 2013 11:35 AM Attach: Neugent Special Meeting Notice.pdf; ATT00001.htm Subject: Fw: Mayor Notice Calling Special Meeting Original Message From: Cyr- Connie To: Pam Hancock Sent: Friday, February 15, 2013 11:19 AM Subject: Fwd: Mayor Notice Calling Special Meeting Sent from my iPhone Begin forwarded message: From: Lamarche - Tamara < Lamarche- tamara(cr�,monroecounty- fl.gov> Date: February 15, 2013, 11:17:33 AM EST To: County Commissioners and Aides <County Commisioners2na,MonroeCounty- FL.Gov> Cc: County Administrator < CountyAdministrator (a,monroecounty- fl.gov >, Shillinger -Bob < Shillinger- Bob(a,MonroeCounty- FL.Gov >, "Amy Heavilin (aheavilin@monroe- clerk.com)" <aheavilinna,monroe- clerk.com> Subject: Mayor Notice Calling Special Meeting Please see attached memo from Mayor Neugent to call a Special Meeting of the Board of County Commissioners on Tuesday, February 26, 2012 at 9:OOAM, to be held at the Marathon Government Center. Tamara Lamarche for Mayor George Neugent 2/15/2013