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07/02/1991 Public Hearing v V 0 '18 Public Hearing Board of County Commissioners Tuesday, July 2, 1991 Key Colony Beach City Hall A Meeting of the Board of County Commissioners con- vened at 5:05 p.m. on the above date at the City Hall in Key olony Beach. Present and answering to roll call were ommissioner Earl Cheal, Commissioner Doug Jones, ommissioner Jack London, Commissioner John Stormont, and ayor Wilhelmina Harvey. Also present were Danny L. olhage, Clerk: Randy Ludacer, County Attorney: Tom Brown, ounty Administrator: County Staff: members of the Press and Radio: and the general public. All stood for the Invocation and Pledge of llegiance. Motion was made by Commissioner Jones and seconded Commissioner London to continue to use the same proce- ures for public input as used at the previous hearings. call vote was unanimous. Motion was made by Commissioner Cheal and seconded y Commissioner Harvey to add to the agenda an item con- erning the Marathon Chamber of Commerce's use of Sombrero each for July 4, 1991. Motion carried unanimously. PUBLIC HEARING The following persons addressed the Board con- the proposed Interim Development Ordinance; Bill ullen, Jim Mattson, Fred Tittle, Andrew Tobin, Lloyd A. ood Jr., Michael Halpern, Dona Merritt, Sandy Barrett, huck Lennon, Richard Gentry, Bill Smith, Bill Shepard, Bob Skerrett, Tom Fouts, George Eager, Keith Harris, George ladro, Don Meng, Sven Lindskold, Joyce Newman, Bill ilkinson, Dick Rudell, Jim Aultman, Marv Schindler, Vic De Sanctis, Joel Rosenblatt, William B. Bradley, Barbara Duck, llie Cameron, Helen Divoll, Mike Baker, Dale Baker, William iller, B. Franklin Ostrander, Eddy Cerra, George Kundtz, oel McQueen, Frank Palmer, Vern Pokorski, B.J. Stracener, eorge H. De Car ion, Al Perkins, Wayne Hoffman, Mark Robertson, Ralph F. Smith, Gloria I. Leon, Egan Adams, onica Haskell, Jim Ferrell, Jim McLernan, Jerry Potter, Joan Tucker, Link A. Brown, Tony Melfa, Ron Allen, Jerry arnett, Ray Van Houten, Charles Rice, Veleta LeGate, illiam Devitt, Jim Roberts, Victor B. Anderson, Kenneth etcalf, Ralph Jerald. County Attorney Randy Ludacer addressed the Board. Motion was made by Commissioner Jones and seconded by Mayor Harvey to deny the proposed Interim evelopment Oridinance. Roll call vote was taken with the following results: ~ Commissioner Cheal Commissioner Jones Commissioner London Commissioner Mayor Harvey No Yes No No Yes otion failed. Motion was made by Commissioner London and seconded by Commissioner Stormont to adopt the proposed Ordinance with the following amendments: The elimination of vv 099 - ~ection 2.4.7: and Section 3.1 and 3.2: The addition of 'Article 8 Section 1 (F) Florida Constition" to 2.9.10, and ~mending Section 4.1.1 to reflect an initial term of six ~onths, to amend section 5 to read as follows; "After the ~ffective date of the Interim Development Ordinance, no ~uilding permit for development as defined in Section 4.4 shall be issued by the County building official unless a ~omplete building permit application was submitted to the Juilding official prior to the effective date of the Interim )evelopment Ordinance or a complete application for an )n-site sewage treatment facility was submitted to the ~onroe County Health Department (HRS) prior to the effective 3ate of the Interim Development Ordinance, nor shall any ~pplication or preliminary plat approval be accepted by the :ounty nor shall a final plat be approved by the County Nhere a preliminary plat is not required." Elimination of he entire Section 6, elimination of Section 7 and 8, ~mending Section 9 and deleting a reference to Section 6. )uring discussion, motion was made by Commissioner Stormont ~nd seconded by Commissioner London to amend to add a 3ection 12, which will include standard language concerning he effective date of the Ordinance upon filing with the 3ecretary of State. Roll call vote on the amendment was aken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes ~otion carried. Motion was made by ~nd seconded by Commissioner London include the words "in May of 1991." ~otion was taken with the following Commissioner Stormont to amend Section 4.5 to Roll call vote on the results: Commissioner Cheal No Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve the amendment on page 7, to add between Sections 2.4.3 and 2.4.4 a reference to the pro- visions of 9J5.012 (3) (9), and to add between 2.4.4 and 2.4.5 a reference to the provisions of 9J5-s.012 (3) (c) 12. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Jones and seconded by Mayor Harvey to delete the two three month extension provisions in Section 4.2.1. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to correct the typographical error \ vv 100 in Section 3.6 page 14, to delete item 4 after 9.5. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to amend Section (b) to read "to insure that such development will not exacerbate the County's hurricane execuation and public facility needs, which already creates risk of injury, loss of life and pro- perty damage. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. Motion was made by Commissioner Cheal to correct the typographical error in Section 2.9.2, adding the word "life" on page 11. Motion died for lack of a second. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to add the word "Government" after (7) in Section 4.5, page 17. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. Motion was made by Mayor Harvey and seconded by Commissioner Cheal to add at the end of Section 5, "no applications other than above described, shall be accepted during the interim period". Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. Motion was made by Mayor Harvey and seconded by Commissioner Cheal to amend Section 2.5.1 on page 8, deleting the words "over acres of." Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. Roll call on the motion as amended was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No No Yes Yes No Motion failed. Motion was made by Mayor Harvey and seconded by Commissioner Stormont to approve the request of Marathon Chamber of Commerce for the use of Sombrero Beach on July 4, 1991 and the Sunrise Rotary to use Higgs Beach with the sale of beer. During discussion motion was withdrawn. Motion vv 101 was made by Mayor Harvey and seconded by Commissioner Stormont to authorize the Marathon Chamber of Commerce the use of Sombrero Beach on July 4, 1991, with the sale of beer. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones No Commissioner London Yes ~ Commmissioner Stormont Yes Mayor Harvey Yes Motion carried. The Board discussed the request by the Sunrise Rotary to sell beer on Higgs Beach. County Attorney Randy Ludacer indicated that he did not have in his possession the necessary insurance paperwork. No action was taken by the Board. There being no further business, the meeting was adjourned at 2:30 a.m. on July 3, 1991. * * * * * -