02/12/2002 SpecialMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Tuesday, February 12, 2002
Marathon, Florida
2002/25
A Special Meeting of the Monroe County Board of County Commissioners convened at
5:30 P.M., on the above date at the Marathon Government Center. Present and answering to roll
call were Commissioner George Neugent, Commissioner Dixie Spehar, Commissioner Nora
Williams, and Mayor Charles "Sonny" McCoy. Absent was Commissioner Murray Nelson. Also
Isabel C. DeSantis, Deputy Clerk; James Roberts, County Administrator; James T. Hendrick,
County Attorney; Bob Schillinger, Assistant County Attorney; County Staff, members of the press
and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
County Attorney James T. Hendrick handed out the legal description for the Deed of
Conveyance, from Monroe County to the FKAA for the Crawl Key Property, (Agenda item D-1).
GROWTH MANAGEMENT / PUBLIC HEARING
Mr. Hendrick recused himself from the Hearing and declared his association with Mr.
Singh. The continuation of a Public Hearing was held at the request of Hawk's Cay Resort (MM
61) to adopt a Resolution approving amendments to the Development Regional Impact (DRI)
development order, Resolution 365-1986, and modifications to the Major Development approval
for the Hawk's Cay Expansion DRI. Growth Management Director Tim McGarry addressed the
Board. The Board accepted public input with the following individuals addressing the Board:
Applicant Pritam Singh; Andrew Tobin, representing the Property Owners on Duck Key; Vince
Bianco, Karen Headrick, Jerry Ledford, Tom Cherniaysky, Bob Williamson, Michelle Koby,
representing the Village at Hawk's Cay Homeowner's Association; Katrina Wiatt, representing the
Conch Key Property Owners; Andy Nicol, Matthew Vedder, Mark Lindback, representing
Hawk's Cay; Martin O'Halloran, Randall Johnson, Lorene Solomon, Jim Bicknell, Adam W.
Mink, Ed Gottschalk, representing the Duck Key Property Owners; Hank Arnold, Tom Rooney,
George R. Prout, Jr., Stanley Pijak, representing the Coral Key Park Co-op; Mrs. Graham Davis,
Debra Harrison, representing the World Wildlife Fund; Pat Reeder, David L. Williamson, Ross
Cunningham, Judith Adler, Richard Adler, Marby Causey, Dennis Kulig, John Fuhrman, Charles
Causey, David B. Lyon, Doc Lewis Adam, and Ernie Forrest. Mr. Tobin addressed the Board a
second time. Rebecca Jetton, representing the Department of Community Affairs also addressed
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2002/26
the Board. After discussion, motion was made by Commissioner Williams and seconded by
Commissioner Neugent to adopt the following Resolution, as revised. Said Revision as follows:
Section 2., Page 4 of 5
7. Revise Condition 12 by deleting all existing language, except for the last sentence and
replacing it with the following:
Wastewater Treatment Facility. Within ninety days from the effective date of the adoption of this
Resolution, the Applicant shall cause Duck Ka Wastewater Cooperative Inc to enter such
agreements with the Board of County Commissioners and/or the Florida Keys Aqueduct
Authority (the "Agreement(s)") as may be needed to upgrade the Duck Key Wastewater
Treatment Facility and extend Advanced Wastewater Treatment to the communities of Conch
Key, Walker Kev. Duck Key and Indies Island Provided. however, this Development Order shall
remain in full force and effect if the parties have not entered into such an agreement within ninety
days so long as the Applicant is using best efforts to conclude an above described agreement as
expeditiously as possible. No building permit for the additional hotel units authorized hereby may
be issued until the Agreement has been duly executed and either work has commenced thereunder
or such performance and payment bonds have been provided as may be required by the
Agreement (s). Roll call vote was taken with the following results:
Commissioner Neugent Yes
Commissioner Spehar No
Commissioner Williams Yes
Mayor McCoy Yes
Motion carried.
RESOLUTION NO. 037-2002
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Williams and seconded by Mayor McCoy to adopt the
following Resolution concerning ROGO exemption issues. Mr. Hendrick, and Attorney Betsy
Bowman, with the firm Hopping, Green, Sams & Smith addressed the Board. Roll call vote was
unanimous.
RESOLUTION NO. 038-2002
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Williams and seconded by Commissioner Neugent to
reopen the agenda for Commissioner Spehar to change her vote to Yes on Resolution No.
037-2002. Roll call vote was unanimous.
02/ 12/2002
2002/27
FLORIDA KEYS AQUEDUCT AUTHORITY
Motion was made by Commissioner Williams and seconded by Commissioner Spehar
granting approval of a Warranty Deed transferring ownership of a Portion of Crawl Key to the
Florida Keys Aqueduct Authority (FKAA) for the purpose of constructing a wastewater treatment
plant to serve the City of Marathon. Creation of a supporting conservation easement of an
additional 3.65 acres of hammock on Crawl Key to be retained in County ownership or
transferred to FKAA ownership at a future date. During discussion, the motion was amended by
Commissioner Neugent and seconded by Mayor McCoy to delete the second sentence under the
Staff Recommendations, as follows: Authorize staff to create 3.65 acre conservation easement
from hammock outside the warranty deed parcel with future ownership to be decided. Roll call
vote was taken with the following results:
Commissioner Neugent
Yes
Commissioner Spehar
No
Commissioner Williams
No
Mayor McCoy
No
Motion failed. Roll call vote was taken on the original motion with the following results:
Commissioner Neugent No
Commissioner Spehar Yes
Commissioner Williams Yes
Mayor McCoy Yes
Motion carried.
COUNTY ATTORNEY
Motion was made by Commissioner Neugent and seconded by Commissioner Williams to
adopt the following Resolution designating Conch Key a cesspool identification and elimination,
area (cold spot) and providing that such designation supersedes any prior designation. Motion
carried unanimously.
RESOLUTION NO. 039-2002
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Williams and seconded by Commissioner Neugent to
adopt the following Resolution designating Duck Key, excluding Hawk's Cay, a cesspool
identification and eliminatination area (cold spot) and providing that such designation supersedes
any prior designation. Motion carried unanimously.
RESOLUTION 040-2002
Said Resolution is incorporated herein by reference.
02/ 12/2002
2002/28
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
table approval of an Agreement for the Funding and Construction of Wastewater Collection
Infrastructure between Monroe County, Hawk's Cay Investors Ltd., the Florida Keys Aqueduct
Authority, Duck Key Wastewater Cooperative, Inc. and Utility Island, LLC. Roll call vote was
unanimous.
There being no further business to come before the Board, the meeting adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
GiiVl,Y.t9J
Isabel C. DeSantis, Deputy Clerk