10/01/1991 Special
ww
078
Special Meeting
Board of County Commissioners
October 1, 1991
Key West
A Special Meeting of the Board of County
Commissioners convened at 10:30 a.m. on the above date at
the Lions Club in Key West. Present and answering to roll
call were Commissioner Earl Cheal, Commissioner Douglas
Jones, Commissioner Jack London, Commissioner John Stormont,
and Mayor Wilhelmina Harvey. Also present were Danny
Kolhage, Clerk; Randy Ludacer, County Attorney; Tom Brown,
County Administrator; County Staff; members of the Press and
Radio; and the general public.
All stood for the Invocation and the Pledge of
Allegiance.
Prior to the beginning of the meeting, Commissioner
Cheal announced that, in response to the County's Resolution
No. 340-1991 requesting that the South Florida Water
Managment District Board consider the impact on Monroe
County and reduce the tax burden, the South Florida Water
Management District had lowered their tax millage.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Stormont and
seconded by Mayor Harvey to grant approval for the Mayor to
execute a commitment for issuance of a financial quaranty
insurance policy between Monroe County and Municipal Bond
Investors Assurance Corporation. Roll call vote was unani-
mous.
GROWTH MANAGEMENT
The Board discussed whether or not to allow public
input concerning discussion of the proposed Joint Stipulated
Settlement Agreement between the Florida Department of
Community Affairs and Monroe County. Motion was made by
Commissioner Jones and seconded by Commissioner Cheal to
allow public input after the Staff presentations. Roll call
vote was unanimous. Lorenzo Aghemo and Mark Rosch addressed
the Board. The following individuals also addressed the
Board: Gloria Pardal, David J. Ornstein, Michael Halpern,
Debbie Harrison, Ted Strader, Joyce Newman, Dagney Johnson.
Motion was made by Commissioner Stormont and seconded by
Commissioner London to approve the advertisement for a
Public Hearing on the proposed Joint Stipulated Settlement
Agreement, said Hearing to be held on October 16, 1991 at
Key Colony Beach City Hall after 5:00 p.m. Roll call vote
was unanimous.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to change the scheduled Comprehensive
Plan meeting on October 16, 1991 so that it will now begin
at 1:30 p.m. Roll call vote was unanimous.
WW 079
-
Division Director Bob Herman addressed the Board
concerning impact fees and concurrency management and the
development of the LDRs. Motion was made by Commissioner
Cheal and seconded by Commissioner London to authorize Staff
to negotiate with the firm of Freilich, Leitner, Carlisle
and Shortridge for a contract for the development of impact
fees and concurrency management. Roll call vote was unani-
mous.
Motion was made to authorize staff to negotiate
with the the firm of Freilich, Leitner, Carlisle and
Shortridge and Wallace-Roberts-Todd for the development of
the LDRs on the basis of the least cost, contingent upon the
County Attorney finding that it is appropriate to negotiate
with both firms. Roll call vote was unanimous.
The Board recessed for lunch.
*
*
*
*
*
The Board reconvened with all Commissioners
present.
The Board the proceeded to amend the proposed Joint
Stipluated Settlement Agreement.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to amend part I page 5 to add the
following language: "The Commissioners recognize that there
were deficiencies with the adopted Plan, but were forced to
adopt it anyway due to statutory deadlines imposed on the
Board of County Commissioners by the State of Florida."
Roll call vote was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
Yes
No
No
Yes
Motion carried.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to direct Staff to negotiate the
Payments section of the proposed Agreement so that the
County could receive incremental payments. Roll call vote
was unanimous.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to change the word "shall" to the word
"may" in Section 35 on Page 20. Roll call vote was unani-
mous .
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to add the following language
to Issue I of Exhibit C:
"However it is understood that the more
restrictive of any particular public
facility carrying capacity or environmental
carrying capacity factor shall form the
basis for future land map densities and
ww
080
for permit allocation systems regardless
of other public facility or environmental
restraints."
Roll call vote was unanimous.
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to authorize Staff to nego-
tiate the Amendment to Policy Statement of Issue 2 on
Page 4 of Exhibit C for clarification. Roll call vote was
unanimous.
-.
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to establish the fact that
potable water demand will be an intervention issue with the
City of Key West. Roll call vote was taken with the
following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
Yes
No
Yes
Yes
Motion carried.
Motion was made by Commissioner Jones to direct
Staff to negotiate the provision referred to on Page 13 of
Exhibit C as follows:
"to encourage public education of
year-round water conservation"
to have that reponsibility placed with the Florida Keys
Aqueduct Authority. During discussion motion was withdrawn.
Motion was made by Commissioner London and seconded
by Commissioner Jones to incorporate the speed-based traffic
methodology into the existing LDRs. Roll call vote was
taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
No
Yes
Yes
Yes
Yes
Motion carried.
Motion was made by Commissioner Jones and seconded
by Commissioner London to authorize Staff to negotiate the
elimination of the first paragraph on Page 18 of Exhibit C
due to inconsistencies. Roll call vote was taken with the
following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
No
Yes
Yes
Yes
Yes
Motion carried.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to authorize Staff to seek clarifica-
tion of Issue 14 on Page 20 of Exhibit C. Roll call vote
was unanimous.
ww
081
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to authorize Staff to nego-
tiate for incorporation into the last sentence of Page 21
of Exhibit C the requirement that, additionally, the appli-
cant must provide proof and demonstration of overriding
public interest utilizing Outstanding Florida Waters cri-
teria. Roll call vote was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
No
Yes
No
Motion failed.
Motion was made by Commissioner London and seconded
by Commissioner Jones to direct Staff to obtain clarifica-
tion of the language on Page 21 of Exhibit C which makes
reference to septic tanks and package treatment plants.
Roll call vote was unanimous.
Commissioner Jones left the meeting at this time.
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to negotiate the ACCC
handling in context with the new Plan and Regulations as
opposed to previous 1985 density/intensity concepts. Roll
call vote was taken with the following results:
Commissioner Cheal
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
No
Motion carried with Commissioner Jones not present.
Motion was made by Commissioner Cheal and seconded
by Commissioner Stormont to direct Staff to negotiate to
change the reference to "community character" in Issue 22
(d) on Page 28 of Exhibit C to "Land Development
Regulations." Roll call vote was unanimous with
Commissioner Jones not present.
The Board discussed Issue No. 23 of Exhibit C.
Land Authority Director Paul Wick addressed the Board.
During discussion, motion was made by Commissioner
London and seconded by Commissioner Cheal to amend the pro-
posed Joint Stipulated Settlement Agreement to add to that
Agreement as Item No. 36 the following;
"This Stipulated Agreement is subject to
the condition that the State acknowledge,
where appropriate, its authorship of any
substantive provisions of the policies,
objectives, procedures and/or Land Use
Regulations and that they are adopted by
the County pursuant to the mandate of
the State of Florida Land and Water
Adjudicatory Commission in the form of
Principles For Guiding Development.
Further, that the State formally acknowledge
its responsibility to defend and absorb the
financial consequences, if any, of the Land
Use Regulations it has so promulgated."
ww
082
Roll call vote was unanimous with Commissioner Jones not
present.
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to direct Staff to negotiate
a caveat that the assumptions contained in the reference on
Page 31 of Exhibit C that states "The previous work by
Monroe County Housing Authority and the Governor's Florida
Keys Housing Task Force" may well be totally, completely
inaccurate. Roll call vote was unanimous with Commissioner
Jones not present.
Motion was made by Commissioner Cheal and seconded
by Mayor Harvey to add to the list on Page 33 of Exhibit C
the following items included in Mr. Aghemo's memorandum of
September 19, 1991 to Commissioner Cheal as follows:
Carryinq Capacity, Hurricane Evacuation, Potable Water,
Water Conservation, Solid Waste, Traffic, Coastal Hiqh
Hazard Area, Wetlands, Affordable Housinq, Sewer, Drainaqe.
Motion carried unanimously with Commissioner Jones not pre-
sent.
Motion was made by Commissioner Stormont and
seconded by Commissioner London to direct Staff to intervene
on the items contained on the list on Page 33 of Exhibit C
of the proposed Joint Stipulated Settlement Agreement in
connection with the Comprehensive Land Use Plan of the City
of Key West as part of the County's governmental coor-
dination effort. Roll call vote was unanimous with
Commissioner Jones absent from the meeting.
Motion was made by Commissioner Cheal and seconded
by Commissioner Stormont to authorize Staff and the Mayor
Pro Tem to negotiate with the Department of Community
Affairs on the items agreed upon today. Roll call vote was
unanimous with Commissioner Jones absent from the meeting.
Motion was made by Commissioner Cheal and seconded
by Commissioner London to continue to the next meeting
Agenda Item B-1, presentation of Staff report regarding the
Principles for Guiding Development, Chapter 27F-8, Florida
Administrative Code. Roll call vote was unanimous with
Commissioner Jones not present.
The Board discussed the procedure for the adver-
tisement and documentation to be submitted for the Public
Hearing on the proposed Joint Stipulated Settlement
Agreement as required by the Department of Community
Affairs. Motion was made by Commissioner Cheal and seconded
by Mayor Harvey to advertise a Public Hearing for the con-
sideration of the Joint Stipulated Settlement Agreement bet-
ween Monroe County and the Department of Community Affairs
and the intervenors; that the Joint Stipulated Settlement
Agreement as presented to the Board, together with the exhi-
bits, will be the subject of the advertisement and will be
the document placed in the libraries with an indication that
the document may be modified as negotiations with the
Department of Community Affairs proceed. Roll call vote was
unanimous with Commissioner Jones not present.
There being no further business, the meeting was
adjourned.
*
*
*
*
*
\