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.