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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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
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