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10/16/1992 SpecialMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 92/364 Special Meeting/Public Hearing Board of County Commissioners Friday, October 16, 1992 Key Colony Beach A Special Meeting/Public Hearing of the Monroe County Board of County Commissioners convened at 5:05 p.m. on the above date at the City Hall in Key Colony Beach. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Jack London, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Absent from the meeting was Commissioner Doug Jones. Also present were Rosalie Connolly, Deputy Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. PUBLIC HEARINGS A Public Hearing was held regarding an Ordinance establishing criteria for managing stormwater runoff in Monroe County. Motion was made by Commissioner Cheal and seconded by Commissioner London to read by title only. Motion carried unanimously. County Attorney Randy Ludacer read by title only. Steve Ferris, Development Review Coordinator, and Bob Harris and Juan Wong of Post Buckley Schuh & Jernigan addressed the Board. Bob Ernst also addressed the Board. A discussion was held concerning swales. Jim Smith of the South Florida Water Management District addressed the Board. Bob Harris again discussed possible problems that could be incurred by the County in the use of swales on County roads. There was no further public input. Motion was made by Commissioner London and seconded by Commissioner Stormont to approve the Ordinance. - Motion was made by Commissioner Stormont and seconded by Mayor Harvey to approve the following amendments to the proposed Ordinance as proposed in the memorandum dated October 16 from 92/365 Development Review Coordinator Steve Ferris and that they be incorporated into the proposed Ordinance: 1. Section C), Page 2, Line 00108, add: and Comprehensive Plan. 2. Section C (3), Page 3, Line 00137, add: Resurfacing of existing impervious areas is not exempt under this provision. 3. Section D) (2), Page 4, Line 00173, replace sentence beginning with "Applicants" with: An applicant's stormwater management plan must comply with the criteria listed in Section 9.5. 193 F)(2) of this ordinance or, in the alternative, follow the guidelines outlined in the document entitled "Layman's Brochure" distributed by Monroe County. 4. Section F)(2) b. (i), page 7, line 0334 add: whichever is greater. Commissioner London withdrew his motion to adopt the Ordinance. Roll call vote on the above motion to amend was unanimous. Motion was then made by Commissioner Cheal and seconded by Commissioner Stormont to delete C) (1) on Page 3 of the proposed Ordinance. Steve Ferris and Bob Harris addressed the Board. County Attorney Randy Ludacer discussed the future preparation of an additional Ordinance dealing with County roads, swales, and the Public Works Division. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner London to insert the following prior to the words "Construction Considerations" in Section (3): After complying with the water quantity and water quality criteria sections of this Ordinance as applicable, if discharge structures are necessary, the following design construction considerations shall apply: Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner London to delete the last sentence of Paragraph B) on Page 2. Roll call vote was taken with the following results: 92/366 Commissioner Cheal No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Motion was then made by Commissioner London and seconded by Commissioner Stormont to adopt, as amended, the following Ordinance establishing criteria for managing stormwater runoff in Monroe County, Florida, in a manner which will allow for maintenance of public health, safety, and welfare; defining terms used in conjunction with this Ordinance, requiring stormwater management plans for new development within the County which are not exempt from this Ordinance; providing for the development of a manual and brochure explaining stormwater management practices; establishing permitting procedures for stormwater management systems; establishing procedures for maintenance and inspection of stormwater management facilities; allowing for fines and penalties for non-compliance with this Ordinance; providing for severability; and providing an effective date. Roll call vote was unanimous. ORDINANCE NO. 030-1992 See Ord. Book No. 28 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance creating Sec. 6-40, Monroe County Code; providing for new application fees for expired building permits; providing a procedure for when a building permit is ready but not paid for and not picked up; providing a procedure for when a building permit is paid for and picked up but the work is not started; providing for a procedure when the permit is picked up, paid for but not timely progressed by allowing up to two 60-day extensions if applied for within 120 days of the commencement of work or the last required inspection whichever is later; providing that the provisions of this Ordinance shall control over any inconsistent provisions of Chapter 6 Monroe County Code; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. Growth Management Division Director Bob Herman addressed the Board. Margaret Knighton addressed the Board. After further discussion by the Board, motion was made by Commissioner London and seconded by Mayor Harvey to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 031-1992 See Ord. Book No. 28 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance rescinding Ordinance No. 011-1992 and Ordinance No. 019-1992 92/367 dealing with building permitting procedures, and in addition, revising those parts of Monroe County Code which deal with requirements for building permits in Unincorporated Monroe County, and Sections of 9.5-115, Monroe County Code, which deal with the expiration of building permits in Unincorporated Monroe County; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. There was no public input. Motion was then made by Commissioner Cheal and seconded by Commissioner London to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 032-1992 See Ord. Book No. 28 which is incorporated herein by reference. After further discussion, motion was made by Commissioner Cheal and seconded by Commissioner London to reconsider foregoing Ordinances No. 031-1992 and 032-1992. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to modify Section 6 of Ordinance No. 032- 1992 to reflect that that Ordinance shall take effect upon approval by the Administration Commission and to then amend Section 5 of Ordinance No. 031-1992 to reflect that that Ordinance shall take effect immediately after the effective date of Ordinance No. 032-1992 and also to amend both Ordinances to direct the Clerk to transmit copies to the Department of Community Affairs. Roll call vote was unanimous. A Public Hearing was held amending the Land Development Regulations of the County of Monroe, Florida, establishing procedures for the imposition, calculation, collection, expenditure and administration of impact fees on new development; providing a purpose and intent; providing definitions; providing general provisions and applicability; providing procedures for the imposition, calculation and collection of impact fees; providing for the establishment of impact fee accounts, the appropriation of impact fee funds and for refunds; providing for appeals; providing for exemptions; providing for the effect of the amendment on existing County Ordinances or Regulations; providing for severability; and providing an effective date. Motion was made by Commissioner London and seconded by Mayor Harvey to read by title only. Motion carried unanimously. County Attorney Randy Ludacer read by title only. Marty Leitner addressed the Board. Staff, Attorneys and Commissioners entered into a discussion regarding proofs of publication. After a lengthy discussion, motion was made by Commissioner Cheal and - seconded by Commissioner London to delete the Exemptions Section on Page 18, to amend to include direction to the Clerk to transmit to the Department of Community Affairs, and to then 92/368 adopt the following Ordinance as corrected and amended. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes London No Stormont Yes Yes ORDINANCE NO. 033-1992 See Ord. Book No. 28 which is incorporated herein by reference. The Board entered into a discussion regarding the proposed Resolution establishing a Schedule of Fire Protection/EMS Facilities Impact Fees to be imposed on new development pursuant to Article X, Impact Fees of the Monroe County Code to ensure that fire protection/EMS facilities will be adequate to accommodate the demand generated by new development at the adopted level of service and to assign the costs of fire protection/EMS facilities pro rata to new development in proportion to the needs generated by new development. Marty Leitner addressed the Board and advised of the following amendments to the proposed Resolution: 1. Insert a comma after the words "Monroe County Code" in the caption 2. Fourth WHEREAS clause on Page 1 - delete the words "residents and functional" and insert the words "permanent and seasonal" in lieu thereof 3. Last WHEREAS clause on Page 1 - after the words "Procedural Ordinance", insert the words "(Sec. 9.5-490 of the Monroe County Land Development Regulations)" 4. Attachment "A" - under Nonresidential Development, delete the words "or ksf" 5. Attachment"A" - under Hotel/Motel, delete the words "or ksf" Motion was made by Commissioner Cheal and seconded by Commissioner London to adopt the Resolution as amended above and add the language that the Clerk is hereby directed to forward a copy of this Resolution to the Department of Community Affairs. Motion carried unanimously. RESOLUTION NO. 492-1992 See Res. Book No. 111 which is incorporated herein by reference. 92/369 The Board entered into a discussion regarding the proposed Resolution establishing a Schedule of Library Facilities Impact Fees to be imposed on new residential development pursuant to Article X, Impact Fees of the Monroe County Code to ensure that library facilities will be adequate to accommodate the demand generated by new residential development at the adopted level of service and to assign the costs of library facilities pro rata to new residential development in proportion to the needs generated by new development. Marty Leitner addressed the Board and advised of the following amendments to the proposed Resolution: 1. Insert a comma after the words "Monroe County Code" in Line 5 of the caption 2. In the last line of the fifth WHEREAS clause on Page 1, delete the words "to wit" and insert the words "which was as follows" in lieu thereof 3. In Subparagraph (b) of the fifth WHEREAS clause on Page 1, after 111.758" delete the word "material" and insert the words "collection material items" and on the second line insert the word "collection" after the words 11$24.00 per" 4. In the fourth WHEREAS clause on Page 2, after the words "Procedural Ordinance", insert the words "(Sec. 9.5-490 of the Monroe County Land Development Regula- tions)" Motion was made by Commissioner Cheal and seconded by commissioner London to adopt the following Resolution as amended above and add the language that the Clerk is hereby directed to forward a copy of this Resolution to the Department of Community Affairs. Roll call vote was unanimous. RESOLUTION NO. 493-1992 See Res. Book No. 111 which is incorporated herein by reference. The Board entered into a discussion regarding the proposed Ordinance establishing a Schedule of Parks & Recreation Facilities Impact Fees to be imposed on new residential development pursuant to Article X, Impact Fees of the Monroe County Code to ensure that parks & recreation facilities will be adequate to accommodate the demand generated by new residential - development at the adopted level of service and to assign the costs of parks & recreation facilities pro rata to new residential development in proportion to needs generated by new 92/370 residential development. Marty Leitner addressed the Board and advised of the following amendments to the proposed Resolution: 1. Insert a comma after the words "Monroe County Code" in the caption 2. In the fifth WHEREAS clause on Page 1, replace the words "to wit" with the words "which was as follows" 3. In the fifth WHEREAS clause on Page 2, after the words "Procedural Ordinance", insert the words "(Sec. 9.5-490 of the Monroe County Land Development Regulations)" Motion was made by Commissioner Cheal and seconded by Mayor Harvey to adopt the following Resolution as amended above and add the language that the Clerk is hereby directed to forward a copy of this Resolution to the Department of Community Affairs. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes London No Stormont Yes Yes RESOLUTION NO. 494-1992 See Res. Book No. 111 which is incorporated herein by reference. The Board entered into a discussion regarding the proposed Resolution establishing a Schedule of Sheriff Facilities Impact Fees to be imposed on new development pursuant to Article X, Impact Fees of the Monroe County Code to ensure that Sheriff facilities will be adequate to accommodate the demand generated by new development at the adopted levels of service and to assign the costs of Sheriff facilities pro rata to new development in proportion to the needs generated by new development. Marty Leitner addressed the Board and advised of the following amendments to the proposed Resolution: 1. Insert a comma after the words "Monroe County Code" in the caption 2. In the fifth WHEREAS clause on Page 1, replace the words "to wit" with the words "which was as follows" 3. In the fifth WHEREAS clause on Page 2, after the words "Procedural Ordinance", insert the words "(Sec. 9.5-490 of the 92/371 Monroe County Land Regulations)" 4. In Subparagraph (b) at the top of Page 5, delete the hyphen at the end of the next to the last line 5. On Attachment "A", delete the words "or ksf" at the end of the line called "Nonresidential", delete the words "or ksf" at the end of the line called "Commercial", and delete the words "or ksf" at the end of the line called "Industrial" Motion was made by Commissioner Stormont and seconded by Mayor Harvey to adopt the following Resolution as amended above and add the language that the Clerk is hereby directed to forward a copy of this Resolution to the Department of Community Affairs. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes London No Stormont Yes Yes RESOLUTION NO. 495-1992 See Res. Book No. 111 which is incorporated herein by reference. The Board entered into a discussion regarding the proposed Resolution establishing a Schedule of Solid Waste/ Recycling Facilities Impact Fees to be imposed on new development pursuant to Article X, Impact Fees of the Monroe County Code to ensure that solid waste/recycling facilities will be adequate to accommodate the demand generated by new development at the adopted level of service and to assign the costs of solid waste/recycling facilities pro rata to new development in proportion to the needs generated by new development. Marty Leitner addressed the Board and advised of the following amendments to the proposed Resolution: 1. Insert a comma after the words "Monroe County Code" in the caption 2. In the fifth WHEREAS clause on Page 1, replace the words "to wit" with the words "which was as follows" 3. In the fifth WHEREAS clause on Page 2, after the words "Procedural Ordinance", insert the words "(Sec. 9.5-490 of the 92/372 Monroe County Land Development Regula- tions)" Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the following Resolution as amended above and add the language that the Clerk is hereby directed to forward a copy of this Resolution to the Department of Community Affairs. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes London No Stormont Yes Yes RESOLUTION NO. 496-1992 See Res. Book No. 111 which is incorporated herein by reference. The Board entered into a discussion regarding the proposed Resolution establishing a Schedule of Transportation Facilities Impact Fees to be imposed on new development pursuant to Article X, Impact Fees of the Monroe County Code to ensure that transportation facilities will be adequate to accommodate the demand generated by new development at the adopted level of service and to assign the costs of transportation facilities pro rata against new development in proportion to the needs generated by new development. Marty Leitner addressed the Board and advised of the following amendments to the proposed Resolution: 1. Insert a comma after the words "Monroe County Code" in the caption 2. In the fifth WHEREAS clause on Page 1, capitalize "monroe" at the end of the second line and replace the words "to wit" with the words "which was as follows" 3. In the fifth WHEREAS clause on Page 2, after the words "Procedural Ordinance", insert the words "(Sec. 9.5-490 of the Monroe County Land Development Regulations" 4. At the top of Page 4, delete everything after the word "development" and insert the following words in lieu thereof: "in the unincorporated area of the County and within the boundaries of participating municipalities" 5. On Attachment A, after "Single Family" insert the words "(per dwelling unit)" 92/373 6. On Attachment A, after "Multi Family", insert the words "(per dwelling unit)" 7. On Attachment A, after "Mobile Home", insert the words "(per mobile home unit)" 8. On Attachment A, after "Hotel", insert the words "(per room)" 9. On Attachment A, after "Motel",insert the words "(per room)" 10. On Attachment A, before the set of uses beginning with "Medical Office", insert the words "all of the following are per 1,000 square feet" 11. On Attachment A, before the set of uses beginning with "Warehouse", insert the words "all of the following are per 1,000 square feet" Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to adopt the following Resolution as amended above and add the language that the Clerk is hereby directed to forward a copy of this Resolution to the Department of Community Affairs. Roll call vote was unanimous. RESOLUTION NO. 497-1992 See Res. Book No. 111 which is incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont that all previous Resolutions adopted above have the effective date included as per the effective date of the Ordinance. Motion carried unanimously. After discussion, Staff was directed to appropriately investigate with the School Administration to determine the feasibility of school impact fees and report back to the Board on November 17th. A Public Hearing was held for the purpose of adopting the Monroe County Comprehensive Plan 1990-2010. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner London to continue to 5:05 p.m. on December 10, 1992. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner London and seconded by Mayor Harvey to authorize the County Administrator to execute an 92/374 agreement with the Federal Emergency Management Agency (FEMA) for disaster relief funding for Monroe County. Roll call vote was unanimous. Growth Management Division Director advised that blasting has been shut down in the Upper Keys. There being no further business, the meeting was adjourned.