Loading...
03/24/1999 Special ~ 99/92 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Wednesday, March 24, 1999 Marathon, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m., on the above date, at the Marathon Government Center. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner George Neugent, Commissioner Mary Kay Reich, Commissioner Nora Williams, and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; James T. Hendrick, County Attorney; James Roberts, County Administrator; County Staff, members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Mayor Harvey and seconded by Commissioner Williams granting approval of Additions, Corrections, Deletions to the Agenda. Motion carried unanimously. COMMISSIONERS' ITEMS The following individuals addressed the Board concerning approval of a Resolution supporting full and expeditious acquisition of the East Everglades 8.5 square mile area as the ecologically sustainable and most fiscally responsible approach to reestablishing necessary, historic water flows, critical to the restoration of Florida Bay: Karen Lee, Jim Hurley, Richard Grathwohl, representing himself and the Marathon Guides Association; Debra Harrison, representing the World wildlife Fund; and Bob Schneider, representing the Big Pine Key civic Association. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman to adopt the following Resolution. Roll call vote was unanimous. ~ RESOLUTION NO. 117-1999 See Res. Book No. 141 which is incorporated herein by reference. -- 99/93 The following individuals addressed the Board concerning approval of a Resolution reaffirming Monroe County's support of the concept of establishing a non-transportation toll on U.S. 1 to assist in funding the implementation of the Monroe County Year 2010 Comprehensive Plan: Richard Grathwohl, representing himself and Marathon Guides Association; Bob Schneider, representing the Big pine Key civic Association; Debra Harrison, the representing World wildlife Fund; Charles Causey, representing FKEF; Ed Swift, Capt. Mills, representing the Keys Wide civic Association; Joel Rosenblatt and Karen Lee. Motion was made by Commissioner Neugent and seconded by Commissioner Williams to adopt the following Resolution, as amended. Said amendments as follows: Page 1, third WHEREAS, delete the words "including goals regarding water quality, land acquisition, affordable housing and recreational needs;" and replace them with the words "such as water quality and land acquisition"; Page 1, eighth WHEREAS - delete the words "and carrying capacity analysis"; -- Page 2, first WHEREAS - delete the entire section. Page 3, Section 2 - delete the words "system of" and delete the letter "s" in the word toll". Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes Motion carried. RESOLUTION NO. 118-1999 See Res. Book No. 141 which is incorporated herein by reference. GROWTH MANAGEMENT Acting Growth Management Director Tim McGarry discussed with the Board consideration of recommendations by the Affordable Housing Task Force concerning actions proposed to promote affordable housing in Monroe County. The following individuals addressed the Board: Bill Daniels, Chairman of the Affordable Housing Task Force; Capt. Mills, representing the Keys Wide civic ~ Association; Joel Rosenblatt, P.E.; Ed Swift, Betty Vail, Jerry POlverino, representing the Cudjoe Key Property Owners Association; Ken Carter, representing the Coalition of Open ~ 99/94 Minded Citizens; Donald Craig, DeWayne Kemp, representing the Affordable Housing Task Force; Norma Jean Sawyer, representing the Affordable Housing Task Force and Community Land Trust. Acting Growth Management Director Tim McGarry discussed with the Board consideration of the following recommendations by the Affordable Housing Task Force concerning actions proposed to promote affordable housing in Monroe County. Motion was made by Commissioner Freeman and seconded by Commissioner williams granting approval of the following: TASK FORCE RECOMMENDATION NO.1: LDR CHANGES Recommendations c. Amend LDRs to recognize all residential units (including RVs for permanent affordable housing) existing prior to June 30, 1998 as part of the housing stock. If any unit that exists presently should need to be relocated or removed or reconfigured due to governmental action, it shall be exempt from ROGO. Any rights granted these units shall remain in compliance with other regulations regarding setback requirements, flood elevations, open space and building codes. This provision shall be limited to affordable housing only. The downstairs enclosures shall be counted and those units that are demolished be added to the affordable housing pool permanently and exempt from ROGD. ---- Recommendation 1c. Staff Recommendation. Do not support the Task Force recommendation, but request staff to continue its investigation of the concept of receiving affordable housing ROGO credits through the elimination of illegal below base flood downstairs enclosures use for affordable dwelling units. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner williams Yes Mayor Harvey Yes Motion carried. ---- Executive Director of the Monroe County Land Authority addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner williams granting approval of the ~ 99/95 following: TASK FORCE RECOMMENDATION NO.2: FUNDING Recommendations a. Request the Monroe County Land Authority to allocate 70% of its budget to affordable housing acquisitions for five years. Recommendation 2a. Staff Recommendation. Do not support the recommendation, but instead support the alternative suggested by the Land Authority Advisory Committee. carried unanimously. Task Force's policy as Motion Motion was made by Commissioner Williams and seconded by Commissioner Freeman granting approval of the following: TASK FORCE RECOMMENDATION NO.2: FUNDING ,.-- Recommendations b. Provide an annual legislative appropriation of $150,000 of seed money for 5 years to establish and support community land trusts throughout Monroe County for the purpose of providing community-based, resident controlled, permanent affordable housing. This funding should be molded after the State's Community Development Corporations support and Assistance Program. All funds to be administered through the BOCC. Staff Recommendation. support the Task Force recommendation in concept. Motion carried unanimously. The Board discussed Task Force Recommendation No.2: Funding Recommendations c. Recommend changes to existing legislation to provide 1/4 cent from the first two pennies and 1/4 from the third cent to the TDC tax for the next 5 years and that this funding be limited in its expenditure to the construction of new affordable employee housing. c- After discussion motion was made by Commissioner Neugent and seconded by Commissioner Freeman to approve the above Recommendation as amended. Said amendment as follows: ,- 99/96 Delete the words "and 1/4 from the third cent to the TDC tax" and add the words "for Area of critical state Concern" between the words "existing legislation" and "to provide 1/4 cent" and add the words "and redevelopment of existing housing" at the end of the section. Roll call vote was unanimous. RESOLUTION NO. 119-1999 See Res. Book No. 141 which is incorporated herein by reference. Motion was made by Commissioner williams and seconded by Commissioner Freeman granting approval of the following: TASK FORCE RECOMMENDATION NO.3: DOWNSTAIRS ENCLOSURES Recommendations a. Provide a detailed assessment of the number of illegal lower enclosures that serve as affordable housing. --- Staff Recommendation. Support the Task Force recommendation in concept with proviso that any such assessment should be accomplished as these downstairs enclosures are removed. b. That the State delegates pass a resolution to provide a waiting period with respect to FEMA regulations relative to downstairs enclosures, until such time as the community has sufficiently brought other units on line for affordable housing. Staff Recommendation. Do not support this Task Force recommendation. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner williams Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Freeman and seconded by Commissioner williams granting approval of the following: - TASK FORCE RECOMMENDATION NO.4: MONROE COUNTY PLANNING DEPARTMENT TASKS AND SUPPORT ~ 99/97 Recommendation The County and state should deal with the affordable housing need. The 'number of units needed in the Keys' subcommittee estimates that the present need for affordable housing in Monroe County is 2,360 units. This subcommittee projects that unless this need is addressed, the need for affordable housing will grow to 7,190 by the year 2010. More resources should be devoted to a full and detailed account of Monroe county's Affordable Housing needs. Staff Recommendation. support an amended Task Force recommendation that recognizes that more affordable housing is needed, but that further study is required to ascertain the true extent of such need, particularly in terms of the number of additional units to be added to the housing stock. Motion carried unanimously. The Board discussed the following: TASK FORCE RECOMMENDATION NO.5: CESSPIT EXEMPTIONS ~ Recommendation Request the State to lift the cesspit removal requirement for the provision of affordable housing units to the extent that this lifting does not negatively affect near-shore water quality. Staff Recommendation. support an amended Task Force recommendation that waives the cesspit replacement requirement only for affordable multi-family projects. Bill Daniels, Chairman of the Affordable Housing Joint Task Force addressed the Board. Motion was made by Commissioner williams and seconded by Commissioner Freeman to not support either the above Task Force or Staff Recommendation. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner williams Yes Mayor Harvey No Motion carried. ,-.- Roger Braun, Director of the Monroe county Housing Authority addressed the Board. Motion was made by Commissioner Williams and seconded by 99/98 Commissioner Neugent granting approval of the following: TASK FORCE RECOMMENDATION NO.6: MONROE COUNTY PLANNING DEPARTMENT TASKS AND SUPPORT Recommendations - A Support the current affordable housing initiatives of the Monroe County Planning Department: (1) TREs (transfers of ROGO exemptions) and (2) New ROGO points for modest market homes and affordable multi-family developments built with TREs. Staff Recommendation. Support the Task Force recommendations. Motion carried unanimously. Motion was made by Commissioner williams and seconded by Commissioner Neugent granting approval of the following: TASK FORCE RECOMMENDATION NO.6: MONROE COUNTY PLANNING DEPARTMENT TASKS AND SUPPORT Recommendations - B Allocate at least 60% of ROGO allocations to affordable housing. Staff Recommendation. Do not support the Task Force recommendation, but consider proposed Comprehensive Plan changes now being considered by the Planning Commission, would allow limited reapportioning of ROGO allocations. carried unanimously. and LDR that Motion Motion was made by Commissioner Neugent and seconded by Commissioner Freeman granting approval of Staff recommendation as follows: TASK FORCE RECOMMENDATION NO.7: ROGO ISSUES Recommendation ----- Returning to the original base line data used in establishing ROGO, create a formula within ROGO for affordable housing that equates efficiency, studio apartments, and one bedroom units based on a determination of the proportional impacts of the average 3 bedroom home. For example, the purpose is to change density levels on a 2 for 1, or 3 for 1 basis. Take the additional ROGO unit permits created by this process and use 100% of these permits for affordable housing. ~ 99/99 staff Recommendation Do not support the Task Force recommendation as proposed, but support an alternative recommendation that calls for DCA, Monroe County, and the County's municipalities to meet later this year to address mutual ROGO issues, including the updating of the Hurricane Evacuation Model, and to enter into an interlocal agreement to fully coordinate the administration and application of ROGO in the Keys. Motion carried unanimously. The Board discussed the following: TASK FORCE RECOMMENDATION NO.8: OTHER Recommendation Encourage the county and city to assign a full time planner for a period of at least three years for affordable housing exclusively. DCA provide a full-time planner to assist in the affordable housing issues in Monroe County specifically, but not limited to other Areas of Critical state Concern. ~ Staff Recommendation. Support the Task Force recommendation with the proviso that the full-time planner position be assigned to the Monroe County Housing Authority. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Williams approving the above Staff recommendation that the County and the City of Key West provide a full-time planner position to the Monroe County Housing Authority exclusively for a period of three years for affordable housing planning, with funds for the position sought from the State of Florida. Roll call vote was unanimous. Motion was made by Commissioner Neugent and seconded by Mayor Harvey requesting DCA to also provide a full-time planner to assist in the resolution of affordable housing issues in Monroe County. Roll call vote was unanimous. RESOLUTION NO. 120-1999 See Res. Book No. 141 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of the following: TASK FORCE RECOMMENDATION NO.9: OTHER Recommendation ~ Create legislation to provide an additional tax exemption equivalent to the amount of the homestead exemption for owners of rental housing to limit rent charged to be 99/100 determined by the local formulas for affordable housing. staff Recommendation Do not support. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of the following: ROGO ISSUES Task Force Recommendation #1 Establish a new pool of ROGO units that will be available beyond the year 2003 presently mandated by the city and county comprehensive plan, of which 60 percent will be allocated to affordable housing, and 40 percent to market allocations. -, Staff Recommendation. Support the Task Force recommendation with the provisos that the new allocation of residential units will act in accordance with development guidelines in the 2010 Plan (see Policy 101.2.13); and apportioning ROGO allocations between the market and affordable housing categories will be subject to an annual review by the Planning commission. Motion carried unanimously. Acting Growth Management Director Tim McGarry excused himself from the meeting and Ann Murphy, Comprehensive Planner addressed the Board. Motion was made by Commissioner williams and seconded by Commissioner Freeman granting approval of the following: Task Force Recommendation #3 Create a new ROGO point system for affordable housing units with deed restrictions to ensure that the units remain on line for a period of at least 25 years. Staff Recommendation. Support the Task Force recommendation with the proviso that the eligibility criteria and monitoring of long term affordability needs to be addressed in a comprehensive manner that would include participation of the Housing Authority, Land Authority, Planning Department, Community Trusts and interested community members, with an indication that the Board is in favor of affordable housing in perpetuity. Motion carried unanimously. - commissioner williams excused herself from the meeting. - 99/101 Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of the following: TASK FORCE RECOMMENDATION #4 Allocate at least 60 percent of ROGO allocations to affordable housing. Staff Recommendation. Support the Task Force recommendation with the proviso that apportioning ROGO allocations will take place at the Planning Commission's Annual Review of Residential ROGO Allocations. Motion carried unanimously, with Commissioner Williams not present. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman to approve the following: TASK FORCE RECOMMENDATION #5 Re-run the ROGO model (Hurricane Evacuation Model) to see if there are any more units available. - Staff Recommendation. This recommendation is already addressed in section I, Recommendation #7. Support the Task Force recommendation with the proviso that the hurricane evacuation model needs to be re-run prior to re-evaluating ROGO; and re-allocation of new ROGO units will be subject to inter- governmental agreement as to the accounting and distribution of ROGO units. Motion carried unanimously, with Commissioner williams not present. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman granting approval of the following: REGULATORY CHANGES Task Force Recommendation #1 Expand affordable housing initiatives under the LDR's that specifically state UR, to URM, Suburban Residential, Mixed Use, Commercial Fishing Village and Industrial. MCC 9.5- 266(a)(1). Staff Recommendation Do not support the Task Force recommendation as it requires rewording to clarify its intent. Motion carried unanimously, with Commissioner williams not present. commissioner williams returned to the meeting. - 99/102 Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of the following: Task Force Recommendation #3 Monroe County amend the existing zoning laws to not be an impediment to the grandfathering process with respect to lawfully existing duplexes. staff Recommendation Support the Task Force recommendation. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich Yes Commissioner Williams No Mayor Harvey Yes Motion carried. Bettye Vail addressed the Board. - Motion was made by Commissioner Freeman and seconded by Commissioner Williams granting approval of the following: Task Force Recommendation #5 Monroe County and DCA should revise the affordable housing regulations to include design standards to insure that such housing (especially rental units) are consistent with community character. Staff Recommendation Support the Task Force recommendation. Roll call vote was unanimous. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the following: Task Force Recommendation #6 Monroe County and DCA should revise the affordable housing regulations to develop additional standards for eligibility to prevent abuses in the system, including criteria that recognizes both income and assets. - Staff Recommendation Support the Task Force recommendation with the proviso that the eligibility criteria and monitoring of long term affordability needs to be addressed in a comprehensive manner that would include participation of the Housing Authority, Land Authority, Planning Department, Community Trusts and - 99/103 interested community members. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner williams granting approval of the following: Task Force Recommendation #7 Monroe County and DCA should revise the affordable housing regulations to include a point system that grants positive points to long term residents and employees who have made a commitment to the Florida Keys, and deducts points for those persons who have not "invested" time here. staff Recommendation Do not support the Task Force recommendation as it requires rewording to be nondiscriminatory and legally defensible. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Freeman granting approval of the following: Task Force Recommendation #9 Amend regulations to remove the permitting of affordable housing from the ROGO system and substitute a unit- accounting system to track the number of permits granted for use in the hurricane evacuation model. Require applicants to meet minimum development standards of the ROGO system be assessed at the issuance of a building permit. This approach eliminates the time and costs of participating in the review at the planning staff level, the planning commission level, and the building permit level. Staff Recommendation Do not support the Task Force recommendation as it is in conflict with ROGO and other growth management initiatives outlined in the 2010 Plan. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Freeman granting approval of the following: Task Force Recommendation #12 Direct new affordable housing developments to appropriate areas. (The county has identified these areas in their list of potential sites). Staff Recommendation Support the Task Force recommendation. - ~ 99/104 Task Force Recommendation #13 Increasing density and intensity must take into account impacts on Comprehensive Plan Goals for development of the Keys. Staff Recommendation Support the Task Force recommendation. Task Force Recommendation #15 Make affordable housing initiative cost effective for developers, by relaxing or waiving cesspit replacement requirements and other fees. [This recommendation is addressed in Section One, Recommendation Nos. 5 and 6.] BELOW BASE FLOOD ENCLOSURES - FEMA ISSUES Task Force Recommendation #4 Request funding from FEMA and DCA to assist people being displaced by the removal of illegal downstairs residential enclosures. Staff Recommendation Support the Task Force recommendation. FUNDING SOURCES Task Force Recommendation #3 Amend the programs within the state housing initiatives to provide set-aside funding for housing; i.e. SAIL, LIHTC, SHIP and HOME, to be increased by revenues applicable only to Areas of critical State Concern, especially Monroe County. As per statute 380. Staff Recommendation Support the Task Force recommendation. RESOLUTION NO. 121-1999 See Res. Book No. 141 which is incorporated herein by reference. Task Force Recommendation #4 Our State delegates request HUD and other sources of housing assistance to clearly adjust criteria to reflect the cost of living in Areas of critical State Concern and National Marine Sanctuaries. Staff Recommendation Support the Task Force recommendation. ,- 99/105 Roll call vote was unanimous. The Board discussed the following: TASK FORCE RECOMMENDATION #6 Create legislation to allow the use of 30 percent of the county-wide infrastructure sales tax for affordable housing purposes for the next 5 years. Because of the State of Area of critical Concern status for Monroe County, this legislation is intended to deal with problem created by the Area of Critical Concern designation, and should not be considered as a precedent for other counties to use funding in the same manner. - Staff Recommendation Support the recommendation in principal, but it requires further study due to competing demands for these funds and the prospect that this source of revenue may be needed for wastewater treatment improvements. Motion was made by Commissioner Williams and seconded by Commissioner Freeman to deny the above Staff and Task Force recommendations. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the following: TYPES OF HOUSING Task Force Recommendation #1 The affordable housing needs of Monroe County be addressed by providing an assortment of housing types through the county, including: efficiencies, one, two-and three- bedroom units, both attached and detached, with an emphasis on the former. [This recommendation was addressed in Section One, Recommendation Nos. 1 and 7.] Task Force Recommendation #2 - That the units be available to qualified low-income residents under several options, including: rentals, rent-to-buy, and for purchase, utilizing ownership models developed by the Bahama Conch community Land Trust and Habitat for Humanity. Staff Recommendation Support the Task Force recommendation. - 99/106 MONROE COUNTY PLANNING DEPARTMENT TASKS AND SUPPORT Task Force Recommendation #1 Immediately request that the Monroe County Planning Department readdress and redefine their affordability definition criteria for renal and home ownership. Staff Recommendations Support the Task Force recommendation. Task Force Recommendation #4 Monroe County should find a more effective way to identify and account for affordable housing needs in the Keys. Staff Recommendation Support the Task Force recommendation. OTHER Task Force Recommendation #1 Request the Monroe County Land Authority to transfer all TRE's and TOR's to an affordable housing pool. Staff Recommendation Support the Task Force recommendation. Task Force Recommendation #3 Allocate 60 percent of all affordable housing allocations to either attached dwelling with at least three units, or efficiencies. Staff Recommendation Support the Task Force recommendation in concept with the proviso that the Planning Department evaluate it further for inclusion in the upcoming changes to ROGO. Task Force Recommendation #4 The Appraiser's Office for Monroe County needs to provide more details relating to the size and type of housing units per parcel of lands. This would be particularly useful for identifying the following types of residences: mobile homes, RVs, timeshares, and downstairs enclosures. - Staff Recommendation Support an alternative recommendation that a comprehensive housing stock data base needs to be developed in cooperation between the Growth Management -, 99/107 Division, Property Appraiser's Office, and real estate industry. Task Force Recommendation #5 Explore additional opportunities to increase the County's supply of affordable housing, such as converting existing transient and market rate units to affordable housing. staff Recommendation Support this Task Force recommendation. Task Force Recommendation #6 Set realistic and measurable goals for affordable housing. Staff Recommendation Support the Task Force recommendation with the caveat that the Housing Authority with the assistance of the Growth Management Division develop a true Comprehensive Housing Plan for Monroe County to provide a policy basis for such realistic goals. - Task Force Recommendation #7 Provide for an adjustment in the maximum rents and cost of housing and maximum income criteria based upon the cost-of- living and cost-of-housing factors in Monroe County. [This recommendation was already addressed in Section Two, Recommendation #2, under Funding Sources.] Task Force Recommendation #10 Create legislation to clarify that existing law prevents the application of land development regulations that discriminate against affordable housing. Staff Recommendation Do not support. Roll call vote was unanimous. Commissioner Neugent discussed the appointment of a Blue Ribbon Committee to review the Affordable Housing Recommendations. Motion was made by Commissioner williams and seconded by Mayor Harvey to discuss the makeup and tasks of a Blue Ribbon Committee on Affording Housing at the next regularly scheduled Board of County Commissioner's meeting on April 14, -- 1999. Motion carried unanimously. - 99/108 There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County ~o..ktc. ~)!~ Isabel C. DeSantis Deputy Clerk -