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04/07/1992 Special}{ 157 Special Meeting Board of County Commissioners Tuesday, April 7, 1992 Key West A Special Meeting of the Monroe County Board of County Commissioners convened at 12:30 p.m. on the above date at the Old City Hall 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 Rosalie Connolly, Deputy Clerk; Isabel DeSantis, Deputy Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. The following members of the Planning Commission were also present: Monica Haskell, Ed Kloski, Grace Mannillo and Milt Mravic. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to add to the Agenda a request for approval for a letter to be sent to the Governor regarding concerns about recent actions taken by the Marine Fisheries Commission. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to add to the Agenda a discussion regarding the summary of economic considerations that were presented at the last Commission meeting. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London No Commissioner Stormont No Mayor Harvey Yes Motion failed due to the lack of a required unanimous vote. COUNTY ADMINISTRATOR Motion was made by Mayor Harvey and seconded by Commissioner Jones to add to the Agenda consideration of approving and participating in th Elementary School Siting Mediation for Monroe County Schools. County Attorney Randy Ludacer addressed the Board. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont No Mayor Harvey Yes Motion failed due to the lack of a required unanimous vote. COMMISSIONERS' ITEMS After discussion regarding the recent actions taken by the Marine Fisheries Commission, motion was made by Commissioner Cheal and seconded by Commissioner London to postpone further action on this matter. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT The County Commissioners; members of the Planning Commission; Consultants John Fernsler, Bob Apgar and Marty Leitner; Counsel Jimmy Hendrick; and members of Staff entered into a lengthy discussion concerning a point system for the allocation of building permits. PUBLIC HEARING A Public Hearing (continued from April lst) was held on a proposed Ordinance creating Sec. 9.5-115.1, 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; pro- viding 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 Sec. 9.5-115, Monroe County Code; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incor- poration into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to read by title only. Motion carried unanimously. The County Attorney read by title only. Bill Smith and Walter Carson of the Florida Keys Contractors Association addressed the Board. Counsel Jimmy Hendrick, Mark Rosch on behalf of the Planning Department, and Growth Management Division Director Bob Herman also addressed the Board. After some discussion, the Chair ruled that Bill Smith be allowed to speak again. There was no challenge to the Chair. Mr. Smith addressed the Board. County Attorney Randy Ludacer, Counsel Jimmy Hendrick, and the Board entered into discussion. Motion was made by Commissioner London and seconded by Commissioner Cheal to amend the proposed Ordinance to add the following language at the end of the "EXCEPTION" section on Page 5: "Notwithstanding the foregoing, no permit so extended or so renewed shall be trans- ferrable except to an immediate family member." and to then adopt the following Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 011-1992 See Ord. Book No. 27 which is incorporated herein by reference. } :15 9 DIVISION OF GROWTH MANAGEMENT The Board returned to the discussion of a point system for the allocation of building permits. The following persons addressed the Board: Debbie Harrison representing The Wilderness Society; Joyce Newman repre- senting Clean Water Action; David Ornstein representing Cudjoe Key Homeowners Association; Peter Kalla representing Florida Game and Fresh Water Fish Commission; Pauline Klein of Stillwright Point, Key Largo; Dagny Johnson for the Upper Keys Citizens Association; Bill Smith and Walter Carson for the Florida Keys Contractors Association; Joan Tucker. Mark Rosch of the Growth Management Division addressed the Board and requested authorization for John Fernsler of WRT to attend the Planning Commission's Public Hearings beginning on April 16th at a cost of $1,000.00 to $5,000.00, dependent upon the number and duration of the hearings. During discussion, Planning Commission Chairman Monica Haskell stated the Planning Commission's desire for Mr. Fernsler's presence at the hearings. Motion was made by Commissioner London and seconded by Commissioner Stormont to authorize John Fernsler of WRT to attend the Planning Commission's hearings beginning on April 16th at a cost of $1,000.00 to $5,000.00, dependent upon the number and dura- tion of the hearings. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Mr. Rosch addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont, for the sake of clarity and direction, to authorize going forward with the work on the revision of the Land Development Regulations. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones No London Yes Stormont Yes Yes The Board entered into a lengthy discussion regarding the "Evaluation Criteria" in connection with a point system for the allocation of building permits. Motion was made by Commissioner Stormont and seconded by Commissioner London to prioritize the Evaluation Criteria in the following descending order of priority: 1 - Platted Subdivision Infill 2 - Lot Aggregations 3 - Affordable Housing 4 - Land Dedication 5 and 6 equally - Habitat Protection and Threatened or Endangered Species 7 - Acreage Tract Density Reduction 160 and delete all the rest. Marty Leitner addressed the Board. 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. Commissioner Stormont directed that totally objec- tive, non -interpretative, non -subjective criteria be deve- loped to be utilized in the proposed Ordinance. Commissioner London directed that the Vesting areas of the proposed Ordinance be stated more clearly. After further discussion, motion was made by Commissioner Cheal and seconded by Commissioner Stormont to delete the sub -area allocations. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London No Commissioner Stormont No Mayor Harvey No Motion failed. There being no further business, the meeting was adjourned.