12/29/1987 Special Emergency
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Special Emergency Meeting
Board of County Commissioners
Tuesday, December 29, 1987
Key West
A Special Emergency Meeting of the Monroe County
Board of County Commissioners convened at 10:30 a.m. on the
above date in the Commission Chambers at 310 Fleming Street
in Key West. Present and answering to roll call were
Commissioner William Freeman, Commissioner Jerry Hernandez,
Jr., Commissioner John Stormont, and Mayor Eugene Lytton.
Also present were Danny L. Kolhage, Clerk; Lucien Proby,
County Attorney; Tom Brown, County Administrator; County
Staff; members of the Press and Radio; and the general
public.
Mayor Lytton discussed the nature of the Special
Emergency Meeting called to address the County's options
concerning the rejection of certain Map and Text Amendments
by the Department of Community Affairs. Before proceeding
with that item, the Mayor declared that an emergency also
existed which would require the consideration of Resolutions
authorizing the advertisement for certain referenda.
Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to adopt the following
Resolution requesting the Supervisor of Elections to conduct
a Referendum Election on March 8, 1988 for the levy of an
additional one cent sales tax for the purposes of financing
capital infrastructure. Motion carried unanimously with
Commissioner Puto not present.
RESOLUTION NO. 501-1987
See Res. Book No. 63 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to adopt the following
Resolution requesting the Supervisor of Elections to conduct
a Referendum Election on March 8, 1988 for the levy of a
tourist impact tax at the rate of one percent on certain
short term leases or rentals of accommodations within the
City of Key West. Motion carried unanimously with
Commissioner Puto absent from the meeting.
RESOLUTION NO. 502-1987
See Res. Book No. 63 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to adopt the following
Resolution requesting the Supervisor of Elections to conduct
a Referendum Election on March 8, 1988 for the levy of a
tourist impact tax at the rate of one percent on certain
short term leases or rentals of accommodations in Monroe
County, excluding Key West. Motion carried unanimously with
Commissioner Puto not present.
RESOLUTION NO. 503-1987
See Res. Book No. 63 which is incorporated herein by
reference.
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Commissioner Puto entered the meeting at 10:50 a.m.
and took his seat.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to adopt the following
Resolution authorizing advertisement of a calling for
referendum for the March 8, 1988 Presidential Primary
Election for three Ordinances creating the Monroe County
Trauma Health Care Districts. Motion carried unanimously.
RESOLUTION NO. 504-1987
See Res. Book No. 63 which is incorporated herein by
reference.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to adopt the following
Resolution requesting the Supervisor of Elections to conduct
a Referendum Election on March 8, 1988 for the establishment
of a Municipal Service Taxing Unit in Cross Key Waterway
Estates on Key Largo, Florida, for the purpose of providing
street lighting. Motion carried unanimously.
RESOLUTION NO. 505-1987
See Res. Book No. 63 which is incorporated herein by
reference.
The Board then proceeded to discussion of the Land
Use Plan Map and Text Amendments rejected by the Department
of Community Affairs.
In an opening statement, Mayor Lytton discussed a
letter from Woody Price, Director of the Division of
Resource Planning and Management, Department of Community
Affairs, dated December 18, 19871 a letter from Thomas G.
Pelham, Secretary of the Department of Community Affairs
dated December 21, 19871 and Mayor Lytton's response to
Secretary Pelham dated December 28, 1987 (see attached).
Commissioner Stormont discussed his analysis of several
defects concerning the Department of Community Affairs' pro-
posed rule-making procedure as outlined on the two attached
summaries. The following individuals discussed this matter:
Michael Halpern, Al Fried, Jim Hendrick representing FEB
Corp. and other clients, Jim Mattson, Julio Del Rio, and
Joanne Fry.
Donald Craig, Planning Director, addressed the
Board concerning his recommendations to the Board of County
Commissioners pursuant to his memorandum dated December 29,
1987 (see attached).
Motion was made by Commissioner Hernandez and
seconded by Mayor Lytton that the County Attorney be
directed to review and research and report back to the Board
some time in January or February any possible means for the
Board of County Commissionerss to repeal the Land Use Plan.
Motion carried unanimously. Lucien proby, County Attorney,
addressed the Board and recommended that the Board should
proceed with an appropriate appeal according to the pro-
cesses outlined in Chapter 120 of the Florida Statutes.
Motion was made by Commissioner Puto and seconded
by Commissioner Hernandez authorizing the County Attorney to
file three petitions appealing the action of the Department
of Community Affairs, these petitions to include all of the
items which were rejected by the Department, divided as
follows: one petition for Map Amendments, one petition for
Text Amendments, and one petition for the Contiguous Lot
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Amendment. During discussion, Commissioner Stormont moved
to amend the motion by including Items 3 and 4 from Mr.
Craig's list of recommendations in his December 29th
memorandum attached hereto; to include the challenge of the
Continguous Lot problem on the basis of the provisions of
Chapter 380.05(18) concerning subdivisions; to add an Item 5
which would be to authorize the County Attorney to proceed
with injunctive and declaratory judgment relief for a
possible stay of any actions and for interpretation of
Florida Statutes. Roll call vote was unanimous.
Commissioner Hernandez discussed a possible invita-
tion to Secretary Pelham to attend meetings to be held in
Monroe County. Georgia Katz of ~he Department of Community
Affairs indicated that Secretary Pelham is intending to be
present at the scheduled Public Hearings to be held by the
Department of Community Affairs.
There being no further business, the meeting was
adjourned.
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