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11/29/2017 SpecialMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Wednesday, November 29, 2017 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 Danny Kolhage, Commissioner Sylvia Murphy, Commissioner George Neugent and Mayor David Rice. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, Clerk of Court; Pamela Hancock, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Al Bob Shillinger, County Attorney, addressed the Board concerning the Additions, Corrections and Deletions to the agenda. Mr. Shillinger advised the Board that a number of speaker cards had been turned in regarding hurricane debris removal, but that there's no specific item on the agenda for the discussion. Mr. Shillinger proposed that the Board add on Item B3 discussion and direction regarding hurricane debris removal. Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to add the item to the agenda. Motion carried unanimously. There were no other Additions, Corrections or Deletions to the agenda. HURRICANE IRMA RECOVERY B1 Motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers granting approval to award proposal and enter into an Agreement with Adjusters International, Inc. (Al) for FEMA Public Assistance (PA) Program Consulting Services and approval of Task Order to perform consulting services for the County relating to hurricane disaster recovery. Motion carried unanimously. B2 The following individual addressed the Board concerning approval to issue Request for Proposal for Line of Credit, to cover short-term needs for money to cover hurricane costs prior to FEMA reimbursement, in an amount to be determined but likely approximately $40 million; authorization for County Administrator to sign all necessary documents for issuance of the RFP: Bart Smith, representing Ashbritt. Mr. Shillinger, Kevin Madok, Clerk of Court; and Roman Gastesi, County Administrator, addressed the Board. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Murphy granting approval of the item. Roll call vote carried unanimously. PRESENTATION TO THE BOARD Chief James Callahan advised the Board that the Fire Fighters Local 3909 wanted to come forward and express their gratitude to the Board for all of their support before and after Hurricane Irma. Tony Perez presented each Commissioner with a plaque to commemorate the dedication and efforts that the Board has shown. Chief Callahan thanked all of the men and women of the Monroe County Fire Rescue for their work during and after the storm. 11 Page 1 1/29/20 17 HURRICANE IRMA RECOVERY B3 Mayor Rice advised that information was received last night, through an e -mail, that the Florida Department of Transportation will come back and make another sweep on US 1 in the keys (details of when was not addressed). The following individuals addressed the Board concerning the discussion and direction on hurricane debris removal: Lenore Baker, Thomas Ryan, Robert Anderson, representing Venture Out Association; Dr. Lesley Thompson, representing Sugarloaf School; Dakota Messier, Stacy McKie, Steve Miller, Dottie Moses, representing Key Largo Federation; Walter Drabinski, Stuart Schaffer, Jan Edelstein, Mark Harmon, representing Parmer's Resort; and Kenny Doustout. Mr. Gastesi, Kevin Wilson, Assistant County Administrator; Sheriff Rick Ramsay, Mr. Shillinger, and Christine Hurley, Assistant County Administrator. Captain David Dipre, representing the Florida Fish & Wildlife Conservation Commission (FWC), gave a brief update on displaced vessels. He advised the Board that there are 1,700 vessels that have been displaced and that 1,000 have been removed. He advised that the Department of Environmental Protection (DEP) is taking care of the canals, that the Coast Guard (CG) is taking care of the open, and everything is being turned over to the FWC. He advised that the FWC Officers are investigating to find the owners of the vessels to give them a chance to have their boat back or release it to the FWC to have it destroyed at no charge. He advised that the process will probably continue through February and then will be turned over to FWC to complete whatever else needs to be done. Mr. Gastesi and Mr. Shillinger addressed the Board concerning the steps that can be taken to stop the burning, of Hurricane debris, on the county's lease hold that the Florida Department of Transportation (FDOT) is using. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy (to communicate to FDOT) that the County wants them to use our property to continue operations, but the property can't be used for burning. Roll call vote carried unanimously. Commissioner Neugent excused himself from the meeting. HOUSING RECOVERY STRATEGIES AFTER HURRICANE IRMA C1 Mayte Santamaria, Sr. Director of Planning and Environmental Resources, made a Power Point Presentation of the Monroe County Housing Strategy Document (The Florida Keys Rising Above Recovery) prepared by Housing Task Force (County staff and city staff) which has been prepared to share information with the State and Federal partners assisting the County with housing recovery efforts to briefly explain and highlight the unique Florida Keys and potential strategies to target for rebuilding a resilient housing stock. The following individuals addressed the Board: John A. Jabro, Esquire, representing Driftwood Trailer Park; Charlie Poindexter, Steve Miller, and Pam Eanes. Ms. Hurley, Shannon Weiner, Sr. Planner, Emergency Management; and Mr. Gastesi addressed the Board. The Board took no official action. C2 Ms. Hurley made a Power Point Presentation of Hurricane Irma structural damage and discussion and direction on potential mitigation opportunities (State and Federal Grants) for disaster - specific programs potentially available to the County for the purpose of facilitating recovery from Hurricane Irma. Nicole LaRose, representing FEMA addressed the Board. The following individuals addressed the Board: Kenny Doustout and Alan Ballas. Mr. Wilson, Lisa Tennyson, Director Legislative Affairs; and, Mr. Shillinger addressed the Board. The Board took no official action. Commissioner Neugent returned to the meeting and took his seat. 2 1 Page 1 1/29/20 17 C3 Ms. Santamaria addressed the Board concerning direction on potential comprehensive plan amendments to incentivize and prioritize the provision of workforce housing after the significant damage caused by Hurricane Irma. Ms. Santamaria reviewed Goal 109, the Objective and each Policy with the Board. Goal 109 At 9:10 a.m. on September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane with maximum sustained winds of 130 mph. Significant damage has occurred to the housing stock within the County, primarily among lower cost housing options occupied by the members of the workforce. hl the recovery from the impacts of Hurricane Irma, Monroe County shall manage future growth to enhance the quality of life and safety of County residents, and prioritize the provision of workforce housing that is safe, code - compliant and resilient. The following individuals addressed the Board concerning Goal 109: Ron Miller, representing Upper Keys Citizen's Association; and, John Carlo Espinosa. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to approve Goal 109. Roll call vote carried unanimously. Objective 109.1 hl order to advance the recovery from the impacts of Hurricane Irma, Monroe County shall incentivize the development and redevelopment of resilient, workforce housing to improve the safety and welfare of County residents, preserve the quality of life and the economy of the Florida Keys, reduce the need for workforce housing, and better protect the County from future damage. For the Hurricane Irma Recovery Goal and the associate objectives and policies, the terms `development' and `redevelopment' shall mean the following for a period of two (2) years from the effective date < insert date> of the Goal 109: Redevelopment means the substantial improvement and /or demolition and replacement of existing development on a site. Development mean the carrying out the construction of new structures; the demolition of a structure and reconstruction, the substantial improvement of a structure and /or a change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage granting approval of Objective 109.1. Roll call vote carried unanimously. Policy 109.1.1 Notwithstanding the land uses provided in Chapter 130 [Land Use Districts] of the Monroe County Land Development Code, for a period of two (2) years from the effective date <insert date> of the Hurricane Irma Recovery Goal or until all County affordable ROGO allocations are utilized, workforce housing shall be a permitted use in all land use districts where detached or attached dwellings, employee housing or commercial apartments is included as a current permitted use. The "workforce housing" is interchangeable with the terms detached or attached dwellings, employee housing or commercial apartments included in the land use districts. The development of workforce housing is subject to the other requirements included in the land use districts, including but not limited to, size requirements, bufferyards, access, etc. Mr. Shillinger addressed the Board. The following individual addressed the Board on Policy 109.1.1: Ron Miller, representing Upper Keys Citizen's Association. 3 1 Page 1 1/29/2017 After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to approve Policy 109. 1.1 with revised wording as follows (stricken language was removed from all Policy language): Policy 109.1.1 Notwithstanding the land uses provided in Chapter 130 [Land Use Districts] of the Monroe County Land Development Code, for a period of two (2) years from the effective date <insert date> of the Hurricane Irma Recovery Goal o r *i a4l r etor t. a ff— ,-,s a bl e ROGO . >>,,,. , e t4 ili e d workforce housing shall be a permitted use in all land use districts where detached or attached dwellings, employee housing or commercial apartments is included as a current permitted use. The "workforce housing" is interchangeable with the terms detached or attached dwellings, employee housing or commercial apartments included in the land use districts. The development of workforce housing is subject to the other requirements included in the land use districts, including but not limited to, size requirements, bufferyards, access, etc. Roll call vote carried unanimously. The following individuals addressed the Board concerning Policy 109.1.2: Bill Hunter, representing Lower Keys Alliance; Dotti Moses, Stuart Schaffer, representing Sugarloaf Shores Property Owner's Association; and Vera Vasek, representing Upper Sugarloaf Residential Association. Emily Schemper, Assistant Director of Planning & Environmental Resources addressed the Board. Policy 109.1.2 The workforce housing to be prioritized by Monroe County shall mean dwelling units for those who derive at least 70% of their income as members of the workforce in Monroe County and who meet the affordable housing income categories of the Monroe County Code. Workforce means individuals or families who are gainfully employed supplying goods and /or services to Monroe County residents or visitors. Notwithstanding the density limitations in Policy 101.5.25 and Section 130 -157 of the Land Development Code, for a period two (2) years from the effective date < insert date> of the Hurricane Irma Recovery Goal 109 o r *i a4l r ew+ t. a ,s a bl e ROGO a ll e ,. at io ns , e t4 iii ed workforce housing may be developed pursuant to a maximum net density of 25 du/buildable acre for the UR zoning district and 18 du/buildable acre for the MU and SC zoning districts and will not require Transferable Development Rights (TDR). The maximum net density standards in Policy 101.5.25 for affordable housing can be applied to the development of workforce housing without the use of TDRs. OPTION for Policy 109.1.2 — limit to lower income categories? The workforce housing to be prioritized by Monroe County shall mean dwelling units for those who derive at least 70% of their income as members of the workforce of Monroe County and who meet the very low, low and median affordable housing income categories of the Monroe County Code. OPTION for Policy 109.1.2 — increase density if rental units? ... workforce housing, limited to exclusively rental units, may be developed pursuant to a maximum net density of 25 du/buildable acre (increase by 15% or 30% or 50 for the UR zoning district and 18 du/buildable acre (increase by 15% or 30% or 50 for the MU and SC zoning districts and will not require Transferrable Development Rights (TDR). 41 Page 11/29/2017 After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to adopt Policy 109.1.2 with a 50% increase in density for rental units only for very low, low and median income levels for two years. OPTION for Policy 109.1.2 — increase density if rental units? For very low, low and median income levels ....workforce housing, limited to exclusively rental units, may be developed pursuant to a maximum net density of 25 du/buildable acre (increase by 4 Or 3 6 9% — 50 for the UR zoning district and 18 du/buildable acre (increase by 4 Or 3 6 9% — 50 %) for the MU and SC zoning districts and will not require Transferrable Development Rights (TDR). Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy No Commissioner Neugent Yes Mayor Rice Yes Motion carried. The following individuals addressed the Board on Policy 109.1.3: Ron Miller, representing Upper Keys Citizen's Association; and, Deb Curlee. Mr. Shillinger addressed the Board. Policy 109.1.3 All workforce housing projects which receive development benefits from Monroe County during the period of two (2) years from the effective date <insert date> of the Hurricane Irma Goal including but not limited to, receiving affordable ROGO allocation award(s), reservations of affordable ROGO allocations, maximum net density standards without the use of TDRs, rental workforce housing density bonuses or the restructured development approval procedures included under Goal 109, shall be required to maintain the project as workforce housing for a period of 99 years pursuant to deed restrictions or other mechanisms specific in the Land Development Code. All affordable housing projects greater than 20 dwelling units developed as workforce housing during the period of two (2) years from the effective date <insert date> of the Hurricane Irma Recovery Goal ^ r*il all G a ff— ,-,s ROGO a ll eea tio s a t4 ili ed shall not be subject to Section 139 - l(a)(6)h. [Affordable housing projects shall be no greater than 20 units unless approved by resolution of the County Planning Commissioner.] After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers to approve Policy 109.1.3. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy No Commissioner Neugent Yes Mayor Rice Yes Motion carried. 5 1 Page 1 1/29/2017 Mr. Shillinger addressed the Board. The following individuals addressed the Board on Policy 109.1.4: Deb Curlee, representing Last Stand; Mark Songer, Dotti Moses, Bill Hunter, representing Lower Keys Alliance; and Stuart Schaffer, representing Sugarloaf Shores Property Owner's Association. Policy 109.1.4 Notwithstanding the development approval procedures included in Chapter 110 [Development Review] of the Land Development Code, for a period of two (2) years from the effective date <insert date> of the Hurricane Recovery Goal ^ r*il a4l G a &,-,s a bl e ROGO a ll e aliens a re ud , the development of workforce housing shall follow the procedures below: After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent, under Development Agreement Recovery Process, to keep the Community Meeting but change timeframe to 30 -60 days prior to the meeting and to eliminate DRC and require a meeting with staff to discuss project (no notice /advertising). Roll call vote carried with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy No Commissioner Neugent Yes Mayor Rice No Motion failed. After further discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to keep the Community Meeting changing timeframe to 30 -60 days prior to the meeting. Roll call vote carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to maintain the DRC (hold additional special meetings) as it is today. Roll call vote carried with the following results: Commissioner Carruthers No Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent No Mayor Rice Yes Motion carried. Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy, under Major Conditional Use Recovery Process, to keep the Community Meeting changing timeframe to 30 -60 days prior to the meeting and to maintain DRC (hold additional special meetings). Roll call vote carried with the following results: Commissioner Carruthers No Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent No Mayor Rice Yes Motion carried. 6 1 Page 1 1/29/20 17 Policy 109.1.5 Notwithstanding the amendment procedures included Chapter 102 [Administration] of the Land Development Code, for a period of two (2) years from the effective date <insert date> of the Hurricane Irma Recovery Goal ud , amendments to facilitate workforce housing shall follow the procedures below: Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent, under Comp Plan Text Amendment Recovery Process, to eliminate the Concept Meeting and BOCC impact meeting (if county -wide impact) for two years for workforce housing only. Roll call vote carried unanimously. Mr. Shillinger addressed the Board. The following individual addressed the Board on Policy 109.1.5, Comp Plan No.3 Community Meeting: Bill Hunter, representing Lower Keys Alliance. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Kolhage, under Comp Plan Text Amendment Recovery Process, to eliminate the Community Meeting. Roll call vote carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage, under Comp Plan Text Amendment Recovery Process, to maintain the DRC (hold additional special meetings). Roll call vote carried unanimously. The following individual addressed the Board on Policy 109.1.5, FLUM No. 1 Community Meeting: Bill Hunter, representing Lower Keys Alliance. Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Murphy, under FLUM Map Amendment Recovery Process, to keep the Community Meeting changing timeframe to 30 -60 days prior to the meeting. Roll call vote carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers, under FLUM Map Amendment Recovery Process, to maintain DRC (hold additional special meetings) and keep the (advertising) timeframe the same. Roll call vote carried unanimously. The following individual addressed the Board on Policy 109.1.5, FLUM No. 4 Protest Procedure: Ron Miller, representing Upper Keys Citizen Association. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent, under FLUM Map Amendment Recovery Process, to eliminate the protest procedure. Roll call vote carried with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy No Commissioner Neugent Yes Mayor Rice Yes Motion carried. The following individual addressed the Board on Policy 109.1.5, FLUM No. 5 & BOCC transmittal & adoption hearings: Bill Hunter, representing Lower Keys Alliance. Board kept the location requirement. 7 1 Page 1 1/29/20 17 Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy, under Land Development Code Text Amendment Recovery Process, to eliminate the concept meeting, BOCC impact meeting, eliminate community meeting and to maintain DRC (hold additional special meetings). Roll call vote carried unanimously. Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent, under Zoning Map Amendment Recovery Process, to keep the Community Meeting changing timeframe to 30- 60 days prior to the PC hearing, maintain DRC, and eliminate protest procedure. Roll call vote carried with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy No Commissioner Neugent Yes Mayor Rice Yes Motion carried. Mr. Shillinger addressed the Board. The following individual addressed the Board concerning Policy 109.1.6: Bill Hunter, representing Lower Keys Alliance. Policy 109.1.6 Notwithstanding Section 138 -24 [Administration] of the Land Development Code, for a period of two (2) years from the effective date <insert date> of the Hurricane Irma Recovery Goal of 4 i , ii r ew+ t. arm ,-,s a bl e ROGO a ll e .., ie as , e „+,rued the following shall be the ROGO distribution: Number of available annual residential ROGO allocations. The number of market rate residential ROGO allocations available in each subarea of the unincorporated county and the total number of affordable residential ROGO allocations available countywide shall be as follows: Subarea Number qf Dwelling Units Upper Keys 61 Lower Keys 57 Big Pine and No Name Keys 8 Total market rate 126 Affordable dwelling units Very Low, Low, and Median Incomes 360* Moderate Income 350* *Includes one annually for Big Pine Key and No Name Key. After discussion, motion as made by Commissioner Carruthers and seconded by Commissioner Neugent to accept the new ratio 75% and 25% in terms of the affordability levels. Roll call vote carried unanimously. C4 Emily Schemper, Assistant Director of Planning & Environmental Resources; and, Jim Saunders, Local Modular Housing Developer /Builder, made a Power Point Presentation of Code Compliant Small Modular Units as an affordable alternative housing solution on scattered sites throughout Monroe County. Ms. Hurley addressed the Board. Board directed staff to get started on an RFP and location for construction of a small modular home that meets codes on a site currently owned by the County as a prototype for affordable, workforce housing. 8 1 Page 1 1/29/20 17 There being no further business, the meeting of the Board of County Commissioners was adjourned. Kevin Madok, CPA, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida 9 1 Page 1 1/29/2017