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Item N1lrl Co of Mope �' ; c' � '� BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tem Sylvia J. Murphy, District 5 Fl IleOI1da Keys m �� u 1 , i zm Danny L. Kolhage, District 1 . �, George Neugenf District 2 Heather Carruthers, District 3 County Commission Meeting October 17, 2018 Agenda Item Number: N.1 Agenda Item Summary #4793 BULK ITEM: No DEPARTMENT: County Clerk of Court TIME APPROXIMATE: STAFF CONTACT: Pamela Hancock (305) 292 -3314 N/A AGENDA ITEM WORDING: Approval of the minutes from the Special Meetings of July 23, 2014, January 14, 2015 and October 1, 2015, and approval of corrected minutes from Special Meeting of October 7, 2014. ITEM BACKGROUND: It was discovered that the three sets of minutes were never completed by the previous administration (minutes for 7 -23 -2014, 1 -14 -2015, and 10 -1 -2015 Special Meetings). The minutes for the 7 -23 -2014 meeting were approved by the BOCC (as item N -2 at the 9 -14 -2014 meeting), but the minutes were never completed and never posted online. In addition, it was discovered that the minutes from the Special Meeting of October 7, 2014 were posted online but were never approved by the BOCC and were incomplete. Approval of corrected minutes for the 10 -7 -2014 Special Meeting is also requested. PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: July 23.2014 October 7.2014 January 14.2015 October 1.2015 10072014 Special, incomplete FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: Kevin Madok Skipped Cynthia Hall Completed Kathy Peters Completed Board of County Commissioners Pending 10/01/2018 9:19 AM 10/01/2018 11:59 AM 10/03/2018 10:42 AM 10/17/2018 9:00 AM MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Wednesday, July 23, 2014 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 George Neugent, Commissioner David Rice and Mayor Sylvia Murphy. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Lindsey Ballard, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS,CORRECTIONS, DELETIONS A There were no Additions, Corrections or Deletions to the Agenda. PUBLIC HEARING B1 Christine Hurley, Interim Deputy County Administrator, addressed the Board concerning a Special Public Hearing to consider a Resolution transmitting to the State Land Planning Agency an Ordinance by the Monroe County Board of County Commissioners adopting the Monroe County Year 2030 Comprehensive Plan. Mayte Santamaria, Assistant Planning Director, made an announcement that anyone who wished to speak or submit a written comment must fill out the sign in sheet. The following individuals addressed the Board: Kay Thacker, representing Island of Key Largo Federation of Homeowner's Association; Deb Curlee, Ed Swift, Debbie Batty, representing Islander Village & Habitat for Humanity; Kurt Lewin, Manuel Castillo, representing Monroe County Housing Authority; and, Kate DeLoach, representing Representative Holly Raschien. Bob Shillinger, County Attorney, addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent directing staff to continue forward, keep moderate and inclusionary for this element (3.6 Housing). Motion carried unanimously. Debbie Love, representing Keith & Schnars, P.A., made a Power Point Presentation on the highlighted sections of the Monroe County Year 2030 Comprehensive Plan which indicate the proposed changes. 3.1 Future Land Use Element The following individual addressed the Board concerning Policy 101.2.2: Ed Swift. Ms. Hurley and Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to put all the affordable allocations in a single bank. Roll vote carried unanimously. a a 07/23/2014 Pagel Motion was made by Commissioner Rice and seconded by Commissioner Neugent to reject staff recommendation not to extend the ROGO allocations to twenty years. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner Kolhage No Commissioner Neugent Yes Commissioner Rice Yes Mayor Murphy No Motion failed. Ms. Santamaria addressed the Board concerning Policy 101.3.1. Mayor Murphy excused herself from the meeting. The following individual addressed the Board concerning Policy 101.5.26: Julie Dick, representing Last Stand & Florida Keys Environmental Fund. Ms. Santamaria and Ms. Hurley addressed the Board. Mayor Murphy returned to the meeting and took her seat. The following individuals addressed the Board concerning Policy 101.5.30: Dotti Moses, representing the Island of Key Largo Federation of Homeowner's Association; and Bill Hunter, representing Sugarloaf Shores Property Owner's Association. Ms. Hurley and Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers to eliminate the following from Policy 101.5.30 (height) — maintained provision on wind turbines and added pt:ev f r fi^n t:eeiqin Roll call vote carried unanimously. Board directed staff to investigate whether a policy can be made that would legitimately apply to one specific community and to look at the whole issue concerning elevation. The following individual addressed the Board concerning the wind turbine section of Policy 101.5.30: Dotti Moses. After discussion, motion was made by Mayor Murphy and seconded by Commissioner Kolhage to eliminate the paragraph that begins with wind turbines may exceed thirty -five feet. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner Kolhage Yes Commissioner Neugent No Commissioner Rice No Mayor Murphy Yes a a 07/23/2014 Page 2 Motion failed. Ms. Santamaria and Ms. Hurley addressed the Board concerning Policy 101.6.8. The following individual addressed the Board: Mark F. Peterson. Mr. Shillinger and Ms. Santamaria addressed the Board. The following individual addressed the Board concerning Policy 101.12.2: Beth Ramsay Vickrey, representing No Name Key Property Owner's Association. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Kolhage to add the following language: Except for passive recreational facilities on publicly -owned land, no new public facilities other than water distribution and sewer collection lines or pump /vacuum /lift stations, cluster system or small package plants shall be allowed within Tier I designated areas or Tier III Special Protection Area unless it can be accomplished without clearing of hammock or pinelands. Roll call vote carried unanimously. The following individual addressed the Board concerning Policy 101.9: Dotti Moses Mr. Shillinger and Ms. Hurley addressed the Board. Ms. Santamaria and Ms. Hurley addressed the Board concerning Policy 101.13.3. 3.2 Conservation and Coastal Management Ms. Santamaria introduced Dick Ogburn, South Florida Regional Planning Council. Mr. Ogburn gave an update on the data and analysis for the policies within this element on the marina siting criteria. Ms. Santamaria, Ms. Hurley and Rich Jones, Sr. Administrator, Marine Resources, addressed the Board concerning Policy 202.4.3. The following individuals addressed the Board: Deb Curlee and Beth Ramsay - Vickery. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Carruthers to allow people to continue to have their navigational access from their existing property and existing docks. Roll call vote carried unanimously. The following individuals addressed the Board concerning Policy 203.2.1: Julie Dick, representing Last Stand and Florida Keys Environmental Fund; and Dotti Moses. Ms. Santamaria, Mr. Jones and Ms. Hurley addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of the added provision that "if there is an overriding public interest or benefit. Applicants for mooring fields shall provide data and analysis demonstrating environmental, social and economic benefits which would accrue to the public at large as a result of a proposed facility" Roll call vote carried unanimously. Motion was made by Commissioner Kolhage and seconded by Commissioner Rice to make the amendments that are recommended on Objective 203.3, Policy 203.3.2 and 203.3.3 adding "protection of hardbottom communities ". Motion carried unanimously. Ms. Santamaria addressed the Board concerning Policy 203.4.2. 07/23/2014 Page 3 The following individual addressed the Board concerning Policy 203.4.5: Julie Dick, representing Last Stand and Florida Keys Environmental Fund. Ms. Santamaria addressed the Board concerning Policy 205.2.6; and, advised the Board that Tier III should be included in this policy. The following individual addressed the Board concerning Policy 205.2.6: Julie Dick, representing Last Stand and Florida Keys Environmental Fund. Ms. Santamaria addressed the Board. Board directed staff to remove the highlighted addition to this policy and to make reference and footnote to the ITP in Policy 205.2.6; and, to recognize the ITP as the controlling document. The following individual addressed the Board concerning Policy 205.2.9: Dotti Moses. Staff advised the Board that they will remove the following language from Policy 205.2.9 (3): Stock shall be donated according to the replacement rate (3:1) desefibed ab The following individuals addressed the Board concerning Objective 206.3, Policy 206.3.1: Dotti Moses and Deb Curley. Ms. Hurley and Nancy Finley, representing United States Fish and Wildlife Service, addressed the Board. Staff will evaluate whether North Key Largo should be included in this policy and will bring the information back in the final document. The following individual addressed the Board concerning Policy 212.4.5: Dotti Moses. 3.8 Solid Waste The following individual addressed the Board concerning Objective 801.4: Julie Dick. Ms. Santamaria addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Kolhage granting approval of the amendment to meet the same goal as the statute: Monroe County shall achieve a 75% diversion rate of the municipal solid waste stream by 2020 through recycling. Motion carried unanimously. The following individuals addressed the Board concerning Policy 801.4.2: D.A. Aldridge and Kay Thacker, representing Island of Key Largo Federation of Homeowner's Association. Ms. Hurley, Rosa Washington, Director Solid Waste Management; and Ms. Santamaria addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent to amend the policy as follows: Within 3 years after the adoption of the 2030 Comprehensive Plan Monroe County shall implement a countywide mandatory recycling program. Motion carried unanimously. The following individual addressed the Board concerning Policy 801.4.3: Julie Dick, representing Last Stand and Florida Keys Environmental Fund. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Neugent to include electronic waste and household hazardous waste collection to the policy. Motion carried unanimously. a a 07/23/2014 Page 4 Board directed staff to include language in this Policy as suggested by Ms. Dick, as follows: Monroe County shall develop a commercial solid waste recycling and waste reduction program and Ordinance within two years of adoption of this Comprehensive Plan update. Such a program and Ordinance will provide a mechanism to encourage commercial entities to handle solid waste in a means consistent with Monroe County's 75% land fill diversion goal and will identify means to address litter resulting from sales and disposal containers and styrofoam. 3.9 Sanitary Sewer The following individual addressed the Board concerning Policy 901.3: Julie Dick, representing Last Stand and Florida Keys Environmental Fund. Roman Gastesi, County Administrator, addressed the Board. Board directed staff to bring back more information on deep injection wells. 3.10 Drainage The following individual addressed the Board concerning Policy 1001.1.1 Dotti Moses. Mr. Shillinger and Ms. Santamaria addressed the Board. Board directed staff to bring back to the Board whether they are pre- empted from passing an Ordinance to control the use of pesticides and fertilizers. 3.11 Natural Groundwater Aquifer Recharge Moses. The following individual addressed the Board concerning Policy 1101.2.4: Dottie 3.13 Intergovernmental Coordination Ms. Hurley addressed the Board concerning Policies 1302.1.4, 1302.1.5 and 1302.1.6. After discussion, motion was made by Mayor Murphy and seconded by Commissioner Rice to add that these meetings (concerning land use) must be held in Marathon. Motion carried unanimously. Motion was made by Commissioner Rice and seconded by Commissioner Kolhage to continue the meeting to October 7, 2014, at 10:00 a.m., in Marathon. Motion carried unanimously. a a 07/23/2014 Page 5 There being no further business, the meeting of the Board of County Commissioners was adjourned. Amy Heavilin, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida Prepared by: Kevin Madok, CPA, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida *ctober 1 a 4- 0 a 07/23/2014 Page 6 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Tuesday, October 7, 2014 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 George Neugent, Commissioner David Rice and Mayor Sylvia Murphy. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Lindsey Ballard, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS,CORRECTIONS, DELETIONS A There were no Additions, Corrections or Deletions to the Agenda. B1 Motion was made by Commissioner Kolhage and seconded by Commissioner Neugent to adopt the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Funds Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 225-2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 226-2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 227-2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 228-2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 229-2014 Said Resolution is incorporated herein by reference. Amending Resolution 161 -2014 (OMB Schedule Item No.6). RESOLUTION NO. 230-2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 231-2014 Said Resolution is incorporated herein by reference. a 10/07/2014 Page Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 232-2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 233-2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 234-2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 235-2014 Said Resolution is incorporated herein by reference. T Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 236-2014 C Said Resolution is incorporated herein by reference. 0 Receipt of Unanticipated Funds (OMB Schedule Item No. 13). > RESOLUTION NO. 237-2014 2 Said Resolution is incorporated herein by reference. CL CL Rollover of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 238-2014 Said Resolution is incorporated herein by reference. Rollover of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 239-2014 Said Resolution is incorporated herein by reference. Rollover of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 240-2014 Said Resolution is incorporated herein by reference. Rollover of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 241-2014 Said Resolution is incorporated herein by reference. Rollover of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 242-2014 Said Resolution is incorporated herein by reference. Rollover of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 243-2014 Said Resolution is incorporated herein by reference. 10/07/2014 Page 2 Rollover of Unanticipated Funds (OMB Schedule Item No.20). RESOLUTION NO. 244-2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.21). RESOLUTION NO. 245-2014 Said Resolution is incorporated herein by reference. Rollover of Unanticipated Funds (OMB Schedule Item No.22). RESOLUTION NO. 246-2014 Said Resolution is incorporated herein by reference. Rollover of Unanticipated Funds (OMB Schedule Item No.23). RESOLUTION NO. 247-2014 Said Resolution is incorporated herein by reference. Rollover of Unanticipated Funds (OMB Schedule Item No.24). RESOLUTION NO. 248-2014 Said Resolution is incorporated herein by reference. Rollover of Unanticipated Funds (OMB Schedule Item No.25). RESOLUTION NO. 249-2014 Said Resolution is incorporated herein by reference. Rollover of Unanticipated Funds (OMB Schedule Item No.26). RESOLUTION NO. 250-2014 Said Resolution is incorporated herein by reference. Rollover of Unanticipated Funds (OMB Schedule Item No.27). RESOLUTION NO. 251-2014 Said Resolution is incorporated herein by reference. Rollover of Unanticipated Funds (OMB Schedule Item No.28). RESOLUTION NO. 252-2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.29). RESOLUTION NO. 253-2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.30). RESOLUTION NO. 254-2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.31). RESOLUTION NO. 255-2014 Said Resolution is incorporated herein by reference. Motion carried unanimously. a 10/07/2014 Page 3 PUBLIC HEARING Cl A Special Public Hearing was held to consider a Resolution transmitting to the State Land Planning Agency an Ordinance by the Monroe County Board of County Commissioners adopting the Monroe County Year 2030 Comprehensive Plan. Mayte Santamaria, Assistant Planning Director; Bob Shillinger, County Attorney; and Christine Hurley, Interim Deputy County Administrator, addressed the Board. Debbie Love, representing Keith & Schnars, P.A., made a Power Point Presentation on the highlighted sections of the Monroe County Year 2030 Comprehensive Plan which indicates the proposed changes. 3.1 Future Land Use Element Mr. Shillinger addressed the Board concerning Policy 101.3.2. The following individuals addressed the Board: Deb Curlee, Andrew Tobin and Debbie Batty, representing Old Town Key West Development. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Rice to begin the second paragraph of the Policy, as follows: The County is actively engaged in acquisitions and is requesting state and federal partners for assistance with implementing land acquisitions in Monroe County. The County will allocate 1,970 dwelling units over a twenty year ®; timeframe, unless by July 12, 2018 the County has not received substantial financial support from the r- state and federal partners. If substantial financial support is not provided by July 12, 2018, the county 2 will re- evaluate the ROGO distribution allocation schedule and reconsider through a Comprehensive 0 Plan amendment redistributing allocations annually. Board also directed the County Attorney to > reword the last suggested sentence and bring it back to the next hearing (Further, the State and County a need to agree on a position regarding the State pertaining to inverse condemnation cases). Roll call C vote carried unanimously. The following individual addressed the Board concerning Policy 101.5.31 and 101.5.32: Joel Reed, representing Ocean Reef Club and Ocean Reef Community Association; and D.A. Aldridge. Mr. Shillinger and Ms. Hurley addressed the Board. Ms. Santamaria and Ms. Hurley addressed the Board concerning Policy 101.45.30. The following individuals addressed the Board concerning Policy 102.6.1: Bart Smith, representing David Wolkowsky; Julie Dick, representing Last Stand & Florida Keys Environmental Fund; and Tom Wilmers, Charles Causey, representing Florida Keys Environmental Fund; and Captain Ed Davidson, representing Florida Keys Citizens Coalition. Ms. Hurley and Ms. Santamaria addressed the Board. The following individuals addressed the Board concerning Policy 101.5.26: Julie Dick, representing Last Stand & Florida Keys Environmental Fund; Owen Trepanier, representing Standard Marine Hardware Corporation; and Charles Causey, representing Florida Keys Environmental Fund. Ms. Santamaria, Mr. Shillinger and Ms. Hurley addressed the Board. 3.2 Conservation & Coastal Management Ms. Hurley, Ms. Santamaria, Roman Gastesi, County Administrator; and Kevin Wilson, Division Director of Public Works, addressed the Board concerning Policy 205.2.9. After discussion, Board directed staff to change the ratio in (2) from 3:1 to 2:1; and to delete (3). 10/07/2014 Page 4 Mike Roberts, Sr. Administrator, Environmental Resources; Ms. Hurley and Mr. Shillinger addressed the Board concerning Objective 2063, Policies 206.3.1 and 206.3.2. The following individuals addressed the Board: D.A. Aldridge and Deb Curlee. The following individuals addressed the Board concerning Policy 202.4.3 and 202.4.4: D.A. Aldridge on behalf of Dotti Moses; Alicia Putney, Julie Dick representing Last Stand & Florida Keys Environmental (also addressed Policy 206.1.2); Beth Ramsay- Vickery; and Charles Causey, Florida Keys Environmental Fund. Ms. Hurley, Ms. Santamaria and Mr. Gastesi addressed the Board. The following individual addressed the Board concerning Policy 206.1.2.: D.A. Aldridge. Rich Jones, Sr. Administrator, Marine Resources, Ms. Hurley and Mr. Gastesi addressed the Board concerning Policies 202.4.3 and 202.4.4. After discussion, motion was made by Commissioner Carruthers and seconded by Mayor Murphy to delete the proposed amendments to Policy 202.4.3 and to delete Policy 202.2.4 (relating to maintenance dredging the opening of a canal). Motion carried unanimously. 3.6 Housing 601.1.2. Ms. Santamaria and Ms. Hurley addressed the Board concerning Objective 601.1 and Policy 3.13 Intergovernmental Coordination The following individual addressed the Board concerning Policy 1301.8.2: D.A. Aldridge. Ms. Santamaria addressed the Board. After discussion, the Board directed staff to match the language in Policy 801.4.2 in this Policy, as follows: Within three (3) years after the adoption of the 2030 Comprehensive Plan, Monroe County shall implement a county -wide, eval- uate ara eans:a °r toe wide, mandatory recycling program for residential and commercial locations, including programs implemented with funds other than County tax dollars i4 ili inn a-v ailable r.,ra:r, Motion was made by Commissioner Rice and seconded by Commissioner Neugent to continue the meeting to December 10, 2014 at 2:00 p.m. Roll call carried unanimously. There being no further business, the meeting of the Board of County Commissioners was adjourned. Amy Heavilin, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida Prepared by: Kevin Madok, CPA, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida October 1 a' 10/07/2014 Page 5 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Wednesday, January 14, 2015 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 Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice and Mayor Danny Kolhage. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Lindsey Ballard, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS,CORRECTIONS, DELETIONS A There were no Additions, Corrections or Deletions to the Agenda. PUBLIC HEARING B1 Mayte Santamaria, Sr. Director of Planning & Environmental Services, addressed the Board concerning a Special Public Hearing to consider a Resolution transmitting to the State Land Planning Agency an Ordinance by the Monroe County Board of County Commissioners adopting the Monroe County Year 2030 Comprehensive Plan. Debbie Love, representing Keith & Schnars, P.A., made a Power Point Presentation on the highlighted sections of the Monroe County Year 2030 Comprehensive Plan which indicates the proposed changes. 3.1 Future Land Use Bob Shillinger, County Attorney; and Christine Hurley, Division Director Growth Management, addressed the Board Concerning Policy 101.3.2. After discussion motion was made by Commissioner Carruthers and seconded Commissioner Murphy directing staff to make the following change to the 3 rd paragraph, last sentence, in Policy 101.3.2, as follows: Further, the State and County shall develop a mutually agreeable position defending inverse condemnation cases, with the State having an active role e e both directly of and financially in the defense of such cases. Motion carried unanimously. Mr. Shillinger requested that the Board include additional language to the above motion, as follows: Further, the State and County shall develop a mutually agreeable position defending inverse condemnation and Bert Harris Act cases, with the State having an active role e4he both directly of and financially in the defense of such cases. Motion was made by Commissioner Carruthers and seconded by Commissioner Rice granting approval of the additional language. Motion carried unanimously. a - 1/14/2015 Page Ms.Santamaria addressed the Board concerning Policies 101.5.25, Policy 101.5.30 and Policy 101.6.4. Ms. Hurley and Mr. Shillinger addressed the Board concerning Policy 101.6.8. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent directing staff to bring forth a moratorium (offshore islands) Resolution at the January 21, 2015 BOCC meeting. Roll call vote carried unanimously. The following individuals addressed the Board concerning Policy 101.13.3: Julie Dick, representing Last Stand and Florida Keys Environmental Fund; Donna Bosold, representing FEB Corporation; and, Deb Curlee. Ms. Santamaria and Mr. Shillinger addressed the Board. The following individuals addressed the Board concerning Policy 102.6.1: Donna Bosold, representing FEB Corporation; and, Charles Causey. Ms.Santamaria and Ms. Hurley, addressed the Board concerning Policy 106.1.3. 3.2 Conservation and Coastal Management Ms.Santamaria and Ms. Hurley, addressed the Board concerning Policy 205.2.9. The following individual addressed the Board concerning Policy 206.1.2: Bill Hunter. Ms. Santamaria addressed the Board. The following individual addressed the Board concerning Policy 206.7.1: Harry Delashmutt. Michael Roberts, Sr. Administrator, Environmental Resources; and Ms. Santamaria addressed the Board. 3.4 Mass Transit Ms. Hurley addressed the Board concerning Policy 401.1.4. After discussion, the Board directed staff to revise the language in this Policy, as follows: Due to the very narrow geography of the Florida Keys, limited U.S.1 right -of -way and exclusive mass transit corridors, and limited rate of growth, Monroe County met may establish measures for the acquisition and preservation of transit rights -of -way and exclusive mass transit corridors. The following individual addressed the Board: Mitchell Harvey. Ms. Hurley and Ms. Santamaria addressed the Board. 3.2 Conservation and Coastal Management Ms. Hurley and Mr. Roberts addressed the Board concerning Objective 205.1, Policy 205.1.2. The following individuals addressed the Board: D.A. Aldridge and Julie Dick, representing Last Stand & Florida Keys Environmental Fund. a - 1/14/2015 Page 2 Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to adopt the following Resolution transmitting to the State Land Planning Agency an Ordinance of the Monroe County Board of County Commissioners amending the Monroe County Year 2010 Comprehensive Plan to be consistent with the results of the Technical Document update (data and analysis), the adopted 2012 Evaluation and Appraisal Report and the 2014 Evaluation and Appraisal notification letter and adopting the Monroe County Year 2030 Comprehensive Plan, attached as Exhibit 1 (with the changes as described at today's hearing). Roll call vote carried unanimously. RESOLUTION NO. 026 -2015 Said Resolution is incorporated herein by reference. There being no further business, the meeting of the Board of County Commissioners was adjourned. Amy Heavilin, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida 0 Prepared by: Kevin Madok, CPA, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida October 1 1/14/2015 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Thursday, October 1, 2015 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 Carruthers, Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice and Mayor Danny Kolhage. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Cheryl Robertson, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS A Motion was made by Commissioner Rice and seconded by Commissioner Neugent 0 granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. a PUBLIC HEARING B1 Mayte Santamaria, Sr. Director of Planning & Environmental Services, addressed the Board concerning a Special Public Hearing to review proposed amendments to the Monroe County Land Development Code to be consistent with the transmitted Monroe County Year 2030 Comprehensive Plan, the results of the Comprehensive Plan Technical Document update (data and analysis), the adopted 2012 Evaluation and Appraisal Report and the 2014 Evaluation and Appraisal Notification Letter. Debbie Love and Erin Deady, representing Keith & Schnars, made a Power Point Presentation on the noted changes. 126 Impact Fees Christine Hurley, Assistant County Administrator, addressed the Board. 130 Land Use Districts Ms. Santamaria and Steve Williams, Assistant County Attorney, addressed the Board concerning Section 130 -93. The following individuals addressed the Board on Sections 130 -45 and 130 -92: Alfredo Landon and Jorge Cepero, representing Prime Group. Board directed staff to review Sections 130 -45 and 130 -92 and determine a higher percentage or number. 10/01/2015 Page 138 Rate of Growth Restrictions (ROGOINROGO) Ms. Santamaria, Bob Shillinger, County Attorney; Ms. Hurley and Roman Gastesi, County Administrator, addressed the Board concerning Section 138- 24,Section 138 -27 and Section 138 -28. After discussion, motion was made by Commissioner Carruthers and seconded by Mayor Kolhage to change (Section 138 -28 (]]))Perseverance Points, to grant two points annually in Tier III properties for the first four years and then one point a year thereafter. Tiers I, II and IIIA properties get one point a year for the first four years and then a half a point a year thereafter. Roll call vote carried unanimously. Ms. Santamaria addressed the Board concerning Section 138 - 28(9). Chapter 142 SIGNS Ms. Santamaria and Emily Schemper, Comprehensive Planning Manager, addressed the Board concerning Section 142- 3(2)(h)(4). Chapter 146 Wireless Communications Facilities The following individuals addressed the Board: Jim Hendrick and Mayra Negron. Mr. Williams addressed the Board. COUNTY ATTORNEY C1 Mr. Shillinger requested to hold an Attorney- Client Closed Session in the matter of Mike Laudicina, Don Demaria, Cudjoe Gardens Property Owner's Association and Sugarloaf Shores Property Owner's Association v. FKAA, Florida Department of Environmental Protection and Monroe County, DOAH Case No. 15- 12331FDEP Case No. 14 -0418, at the regularly scheduled BOCC meeting on October 21, 2015 in Marathon, FL at 1:30 p.m. or as soon thereafter as may be heard and read the required language into the record. Motion was made by Commissioner Rice and seconded by Commissioner Carruthers to hold the closed session. Motion carried unanimously. C2 Mr. Shillinger and Kevin Wilson, Assistant County Administrator, addressed the Board concerning approval of a Settlement Agreement with the individual petitioners, Mike Laudicina and Don DeMaria, in the case of Laudicina et al. v. Monroe County, et al. DOAH Case No. 15 -1233. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval to settle with the individual petitioners. Roll call vote carried unanimously. PUBLIC WORKS C3 Mr. Wilson addressed the Board concerning approval to renew the Contract with Siemen's Industry, Inc. on a month to month basis until a bid Agreement is awarded for the 10/01/2015 Page 2 testing, certification, and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriff's Administration Building's fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system and building automation system; the Courthouse Annex's fire system, the Marathon Government Center's building automation system and Crawl Key Medical Examiner's Office Building Automation System (HVAC). Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent granting approval and authorizing execution of the item. Motion carried unanimously. PUBLIC HEARING Motion was made by Mayor Kolhage and seconded by Commissioner Rice to approve the following proposed language to Policy 101.3.2, as follows: The County is actively engaged in acquisitions and is requesting its State and Federal partners for assistance with implementing land acquisitions in Monroe County. The County will allocate the 1,970 new dwelling unit allocations over a 20 10 year timeframe ttales bit, 12zn14 t o e G ett ty If substantial financial support is � provided by July 12, 2018, the County will reevaluate the ROGO 2 distribution allocation schedule and - econsider an extended timeframe for the distribution of 0 market rate allocations (through a comprehensive plan amendment). Further, the State and County shall develop a mutually agreeable position defending inverse condemnation cases 2 CL and Bert J. Harris, Jr. Private Property Rights Protection Act cases, with the State having an CL active role both directly and financially in the defense of such cases. Roll call vote carried unanimously. There being no further business, the meeting of the Board of County Commissioners was adjourned. Amy Heavilin, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida Prepared by: Kevin Madok, CPA, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida October 1 10/01/2015 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS R= Special Meeting Board of County Commissioners Tuesday, October 7, 2014 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 George Neugent, Commissioner David Rice and Mayor Sylvia Murphy. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Lindsey Ballard, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS,CORRECTIONS, DELETIONS Item A There were no Additions, Corrections and Deletions to the Agenda. Item B Board adopted various Resolutions for the transfer of funds and Resolutions for the receipt of unanticipated revenue. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Neugent to adopt the following Resolutions. Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 225 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 226 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 227 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 228 -2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 229 -2014 Said Resolution is incorporated herein by reference. a - 04/23/2014 Pagel Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 230 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 231 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 232 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 233 -2014 C Said Resolution is incorporated herein by reference. 0 Receipt of Unanticipated Funds (OMB Schedule Item No. 10). > RESOLUTION NO. 234 -2014 a Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 235 -2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 236 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 237 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 238 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 239 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 240 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 241 -2014 04/23/2014 Page 2 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 242 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 243 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.20). RESOLUTION NO. 244 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.21). RESOLUTION NO. 245 -2014 C Said Resolution is incorporated herein by reference. 0 Receipt of Unanticipated Funds (OMB Schedule Item No.22). > RESOLUTION NO. 246 -2014 a Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.23). RESOLUTION NO. 247 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.24). RESOLUTION NO. 248 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.25). RESOLUTION NO. 249 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.26). RESOLUTION NO. 250 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.27). RESOLUTION NO. 251 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.28). RESOLUTION NO. 252 -2014 Said Resolution is incorporated herein by reference. 04/23/2014 Page 3 Receipt of Unanticipated Funds (OMB Schedule Item No.29). RESOLUTION NO. 253 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.30). RESOLUTION NO. 254 -2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.31). RESOLUTION NO. 255 -2014 Said Resolution is incorporated herein by reference. PUBLIC HEARING Item C1 A special public hearing to consider a resolution transmitting to the State Land Planning Agency an ordinance by the Monroe County Board of County Commissioners adopting the Monroe County Year 2030 Comprehensive Plan. 1.0 and 2.0 Introduction and Back rg ound No changes. 3.1 Future Land Use Page 6 Policy 101.3.2: Yes, amend to provide all affordable housing ROGO allocations in one pool and make available immediately as needed, rather than limited to a certain amount each year. Yes, amend to extend the ROGO allocation period to 20 years but include policy language regarding land acquisition funding commitments and a specific statement on developing a partnership with the State on takings liability. Example based oil BOCC discussion: "Ihe County is actively engaged in acquisitions and is lvquesting its State and eder al perriners fbr cissislance with iinpleine zting land crcgz isitions in Monme County. the County will allocate the 1970 c4elling units over a 20 year tirnEf arise, unless by July 12 2018, the County has not received substantial financial support fr°orn its State and Federal partners. If'substantial financial support is not provided by July 12 2018, the County will reevaluate the ROGO distribution allocation schedule and consider thr - ough a Comprehensive Plan arnendinent re- distributing the annual distribution of allocations. Firr " theta the State and County need to ag7ve on a position regarding the State pertaining to inverse condemnation eases." a - 04/23/2014 Page 4 ROGO Year Annual Allocation Market Rate Affordable Housing July 13, 2013- July 12, 2014 126 71 July 13, 2014- July 12, 2015 126 71 July 13, 2015- July 12, 2016 126 July 13, 2016- July 12, 201'7 126 July 13, 2017- July 12, 2018 48 July 13, 2018- July 12, 2019 48 July 13, 2019- July 12, 2020 48 July 13, 2020- July 12, 2021 48 July 13, 2021- July 12, 2022 47 July 13, 2022- July 12, 2023 47 568 total AFH July 13, 2023- July 12, 2024 4'7 (total available July 13, 2024- July 12, 2025 47 immediately) July 13, 2025- July 12, 2026 47 July 13, 2026- July 12, 202'7 47 July 13, 2027- July 12, 2028 47 July 13, 2028- July 12, 2029 47 July 13, 2029- July 12, 2030 47 July 13, 2030- July 12, 2031 47 July 13, 2031- July 12, 2032 47 July 13, 2032- July 12, 2033 47 TOTAL 1,260 710 Page 22 - Yes, to new Policy 101.3.11 to address ROGO allocations the County may receive from the City of Key West - pursuant to the Hurricane MOU and direction from the Administration Commission Page 23 - Yes, to amended Policy 101.4.1 to reference vested rights for Ocean Reef in the NROGO policy. Page 42 - Yes, to amending Policy 101.5.30 to include text to address Navy concerns, such as: "applications for wind turbines that exceed the 35ft height limit within the MIAI overlay shall be transmitted to NASKW for review and comment. BOCC also asked staff to check for any potential issues with the airports. Page 43 - Policies 101.5.31 and 101.5.32: BOCC directed staff to work on height policies for addressing the replacement of existing buildings which exceed the 35ft height limit, architectural features, flood protection purposes and affordable housing. Staff to present drafts during the regular December BOCC meeting. Page 61 - Yes, to amended Policy 101.6.8 to add Tier III within MIAI to sender site criteria for TRE's. Delete the term "centralized' wastewater - revise to: "adequate wastewater treatment and disposal meeting adopted LOS" 04/23/2014 Page S Page 75 — Yes, to amended Policy 101.12.2 as recommended by County Attorney's Office to address recent Florida Public Service Commission (PSC) Order and court decisions that the PSC has exclusive and preemptive jurisdiction over the issue of extension of electrical service. Page 76 — Yes, to amended Policy 101.12.2 to add "...other than water distribution and sewer collection lines, pump /vacuum/lift stations cluster systems, or small package plants /treatment facilities. Page 78 -79 — Yes, to amended Policy 101.13.3 to add Tier III within MIAI to sender site criteria for TRE's. Delete the term "centralized' wastewater — revise to: "adequate wastewater treatment and disposal meeting adopted LOS" Page 87 — Yes, to amended Policy 101.17.5 to clarify one statement in beneficial use policy as recommended by County Attorney's Office. Page 105 & 106 — Yes, to amended Policy 102.6.1 as recommended by County Attorney's Office to address recent Florida Public Service Commission (PSC) Order and court decisions 0 that the PSC has exclusive and preemptive jurisdiction over the issue of extension of electrical L service. a Based on discussions during the review of this policy, BOCC directed staff to work on an Y inventory /data of privately -owned offshore islands. Staff to present draft during the regular a December BOCC meeting. E Page 111 — Yes, to amended Policy 103.2.3 as recommended by County Attorney's Office to address recent Florida Public Service Commission (PSC) Order and court decisions that the PSC has exclusive and preemptive jurisdiction over the issue of extension of electrical service. Pages 118 and 121 — Yes, to technical updates on historic policies from Historic Preservation Committee 3.2 Conservation and Coastal Management Page 13 — BOCC directed the deletion of proposed amendments to Policy 202.4.3 and deletion of Policy 202.4.4 (relating to maintenance dredging the opening of a canal). Pages 26, 30 & 34 — Yes, to adding "hardbottom communities" to Goal 203, Policy 203.3.2 and Policy 203.4.5 Page 42 —Yes, to amended Policy 204.2.1 to reference KEYWEP. Page 51 — Yes, to amended Policy 205.2.6 to add Tier III and to add a footnote referencing the ITP Page 52 & 53 — BOCC directed the mitigation payment ratio of be changed to 2:1 in Policy 205.2.9 and to delete the donation of nursery stock option. 04/23/2014 Page 6 Page 67 — Yes, to amended Policy 206.3.1 to add " "strive to control... free - roaming cats and dogs." Yes, to amended Policy 206.3.2 but include further amendments, such as: strive to control or shall he of continuing interest the control of free- roaming cats and dogs for the following at risk listed species: Key Largo Cotton Mouse, Key Largo Woodrat, Lower Keys Marsh Rabbit, and the Silver Rice Rat. 3.3 Traffic Circulation No changes. 3.4 Mass Transit No changes. 3.5 Ports, Aviation and Related Facilities No changes. 3.6 Housing Page 1 — Yes, to amended Objective 601.1 to include "and moderate" in the list of income categories. Page 2 —Yes, to amended Policy 601.1.2 to keep "and moderate..." 3.7 Potable Water No changes. 3.8 Solid Waste Page 6 —Yes, to amended Policy 801.4.2 to "...implement a county -wide, mandatory..." Page 6 — Yes, to amended Policy 801.4.3 to add "electronic waste and household hazardous waste." Page 7 — Yes, to new Policy 801.4.7 regarding development of a commercial solid waste recycling and waste reduction program. 3.9 Sanitary Sewer No changes. 3.10 Drainage No changes. 3.11 Natural Groundwater Aquifer Recharge No changes. 3.12 Recreation and Open Space No changes. 04/23/2014 Page 7 3.13 Intergovernmental Coordination Page 20 —Yes, to amended Policy 1301.8.2 to "...implement a county -wide, mandatory..." Page 23 — Yes, to amended Policy 1302.1.6 to add that the BOCC meetings must be held in Marathon. 3.14 Capital Improvements No changes. 3.15 Energy and Climate No changes. 4.0 Monitoring and Evaluation Procedures No changes. 5.0 Public Participation and Comment No changes. Glossary No changes. a 04/23/2014 Page 8