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02/28/1986 Special FF 023 Special Meeting Board of County Commissioners Friday, February 28, 1986 Key Colony - A Special Meeting of the Monroe County Board of County Commissioners concerning the Municipal Services District-Waste convened at 1:55 p.m. on the above date at the Key Colony Beach City Hall. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Absent from the meeting was Commissioner Ed Swift. Also present were Paula "Jennie" Luxton, Deputy Clerk; Lucien Proby, County Attorney; Charles Aguero, MSD Director; members of the Press and Radio; and the general public. MSD Director Aguero gave a report on bids received from Bob Beal Company, Philbrick Sales and Service, and Mitchell Refractory to replace Refractory #5 at Long and Refractory #3 at Key Largo. Mr. Aguero recommended accepting the bid from Bob Beal Company in the amount of $99,612.00 plus or minus ten percent. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to authorize the replacement of two refractories by Bob Beal Company and that a differential of plus or minus ten percent be allowed on the contract. During discussion, motion was made by Commissioner Stormont to amend that the replacement would be limited to two specific sites - #5 Unit on Long Key and #3 Unit on Key Largo - and to proceed with the eva- luation recommended by Post, Buckley, Schuh & Jernigan. County Attorney Proby advised that the motion should also include the fact that this was an emergency situation. The amendments were accepted by the maker and seconder of the original motion. Roll call vote on the original vote as amended was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman that MSD Director Aguero be directed to withhold final payment for confirmation of work done and submission of a written report to the Board. Motion caried unanimously. Director Aguero addressed the Board. The Board requested County Attorney Proby to give a report on the status of outside employment criteria for County work. There being no further business, this Special Meeting was adjourned. * * * * * ,..;JIk FF 024 Special Meeting/Public Hearing Board of County Commissioners Friday, February 28, 1986 Key Colony Beach A Special Meeting of the Monroe County Board of County Commissioners concerning the Proposed Comprehensive Plan convened at 2:20 p.m. on the above date at the Key Colony Beach City Hall. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Also present were Paula "Jennie" Luxton, Deputy Clerk; Lucien Proby, County Attorney; Charles Pattison, Director of Building, Planning and Zoning; Jerry Annas, Assistant Director of Building, Planning and Zoning; Ty Symroski, Planner; Tricia Wrenn, Planner; Andy Hooten, Biologist; Charles Siemon and Wendy Larsen, Planning Consultants; members of the Press and Radio; and the general public. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to advertise the extension of the moratorium to six months or the effective date of the Plan. Motion carried unanimously with Commissioner Swift absent from the meeting. Charles Siemon addressed the Board and gave his recommendations for changes to Volume III. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the following changes: Page 21, M-4, insert "basin," after "cut" in the third line. Page 36, H-1, replace "two (2) months" with "month" in the second line. Commercial Retail should be a Major Conditional Use in the SR, IS and URM Districts on Page 121, Sec. 9-212, and Pages 110-111. Page 55-0, add: "For a minor conditional use that is issued, notice of that minor conditional use must be given to owners of property within three hundred feet. Notice is effective ten days after mailing plus three days mailing time.1I Page 296-A, 14-101, after the word "chapter" in the fourth line, insert the words "other than decisions in regard to applications for minor conditional use permits,lI. Fred Tittle and Russell Setti addressed the Board. Motion carried unanimously with Commissioner Swift absent from the meeting. Charles Siemon passed out Errata Sheets on the changes made by the Board on February 21st and February 24th. Charles Pattison informed the Board that they were for sale at $1.80 per copy. Commissioner Stormont discussed his following recommended changes in Volume III: Regarding Page 17, H-2, add the words "with a greater than average potential impact on the environment" after the word lIusesll in the second line; add the words "and resource extraction" after the word FF 025 "storage" in the fourth line; and regarding Page 20, L-7, regarding Live-aboard Vessels, the State Statute definition should be used instead of the one listed. These changes were accepted by acclamation. Stanley Becker addressed the Board. Commissioner Swift entered the meeting and took his seat at 3:15 p.m. Al Fried addressed the Board. W-1 Definition was incomplete with a typographical error. Mr. Siemon advised that he would make the necessary corrections. Andy Hooten explained to the Board why the criteria for a "qualified biologist" was excluded. Commissioner Stormont suggested creating a Subsection 4-1070 on Page 45 reading that "All hearings by Hearing Officers shall conform to the Florida Administrative Code concerning administrative hearings." Charles Siemon recommended against doing so. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to accept the recommendation of the Planner. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey Yes Yes No Yes Yes Motion carried. By acclamation, the Board agreed to the following: With regard to Page 47-0, the words "to include those within any development proposed for additional development" are to be added after the word "County" in the third line; with regard to Pages 48 and 49, Sec. 3, Charles Siemon will pre- pare the proper language to add a new section to indicate that "there shall be an opportunity to make a proffer of any material that is ruled to be irrelevant, immaterial or unduly repetitious and that anyone has the right to make a proffer;" with regard to Page 53, 5-306, "9-305" in the last line should be changed to "5-305;" with regard to Page 54, 5-307, Charles Siemon is to re-write the "Conditions" paragraph and also add the words "attach a condition requiring" after the word "may" in the third line of the same paragraph. Motion was made by Commissioner Stormont to add "if over 50% of those property owners within 300 feet object, a permit shall not be issued" on Page 56-E. During discussion, Mr. Siemon and County attorney Proby gave their opinions. Motion died for lack of a second. With regard to Page 59, by acclamation the Board agreed to delete the word "automatically" in the third sen- tence and, in the fourth sentence, add the words "with no further action required by the County" after the word "void". Motion was made by Commissioner Stormont to delete the last sentence of Paragraph C on Page 76. Motion died for lack of a second. Stanley Becker addressed the Board. FF 026 Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to delete the words "or qualified alternative biologist" in the last sentence of Paragraph C on Page 76. Stanley Becker addressed the Board. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey Motion carried. Yes Yes Yes No No By acclamation, the Board agreed to add the words "in conformance with regulations in effect at the time of a new permit decision" after the word "obtained" in the fourth line of Page 77-0. The Board agreed by acclamation to label the existing paragraph on Page 78, 6-106, as Paragraph A and to add a new Paragraph B to read "No Building Permit may be transferred." Commissioner Swift commented on Volume III. Marie Landry, Pam Martin of O.F.F., Michael Fagan and County Attorney Proby addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer that with regard to Page 148-A, the words "by that resident or a member of his immediate family" be added after "1985"; and that with regard to Page 149-F, the words "by an individual and not a corporation" are to be added after the word "Commissioners." Motion caried unani- mously. Marie Landy and Pam Martin addressed the Board regarding traps. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer that with regard to Page 149-C-4, the words "three weeks prior to" be changed to "fifteen days prior to." Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey Yes Yes Yes Yes No Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer that on Page 102, helicopters be removed in UC, SC and MU Districts and limited to govern- ment, law enforcement and hospital and emergency. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey Yes Yes Yes Yes No Motion carried. Motion was made by Commissioner Fahrer and seconded FF 027 by Commissioner Freeman that with regard to Page 155-0, 44 feet should be changed to 35 feet. Roll call vote was taken with the following results: ...- Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey Yes Yes Yes No No Motion carried. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to add the following language to 9-402: "Notwithstanding other provisions of these regu- lations, any Affordable Housing or Hotels may be developed to a height of three stories over parking or 44 feet, whichever is lower, if constructed with wind limits of 150 MPH, with contracts signed to use as a hurricane shelter." Motion carried unanimously. Motion was made by Commissioner Fahrer to authorize a 10 Million Dollar Bond Issue as Monroe County's contribu- tion to a conservancy in order for the State to provide the same funds. During discussion, the motion was withdrawn. Motion was made by Commissioner Fahrer that with regard to Page 156, DR maximum net density is 24 unless the requirements set forth in Commissioner Stormont's motion are met. During discussion, motion was withdrawn. Fred Tittle addressed the Board. The Board recessed at 5:15 p.m. * * * * * The Board reconvened at 5:35 p.m. to adopt the Land Use Plan. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to formally adopt all the above changes to the Text of the Land Use Plan that were agreed by acclamation earlier today. Motion carried unanimously. County Attorney Proby read the Resolution to approve the Plan and Charles Siemon read the Economic Assumptions. The following persons addressed the Board regarding adoption of the Plan: Michael Barr, George Kundtz, Michael Fagan, Cleare Filer, John Dutton, Ruby Dutton and Keiran Mahoney. r--> County Attorney Proby offered the following addi- tion to the Resolution so that the lawsuit against the State would be protected: "5. That the requirement to act on the Land Use Plan has been imposed on Monroe County by the State before a conclusion can be reached on the lawsuit now pending which is testing the validity and enforceability of the Amended Principles for Guiding Development, which suit was brought by the County and is now pending. FF 028 The Commission reserves to itself the right to reconsider this Plan should there be a decision by the Court made finding the Amended Principles of Guiding Development to be of no force and effect, which decision occurs prior to the effective adoption of any Plan.1I The following people addressed the Board: Gene Lytton, Lloyd Goode, Al Fried, Lloyd Johnson, B. Franklin Ostrander, Evelyn Stevens, Tom Fouts, Pam Martin, Jeff Doyle, Veleta LeGate, Fred Tittle, Al Damron, Ed Kloski, George Kundtz and Bob Ernst. A provision for Time Shares was discussed. the Key record. for the Mayor Harvey read a letter from Betty Williams of Haven Property Owners Association as part of the George Kundtz submitted a letter from Dagny Johnson record. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer that the Economic Assumptions be made part of the Plan with the additions: payment in lieu of taxes as an additional source of revenue; add the ability to make a revenue source out of Tourism to offset some of the General Revenue costs; that a source of revenue be iden- tified for Monroe County by the Legislature, and a data base to be developed to go along with this. After discussion, roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey Yes Yes No Yes Yes Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer that Time Shares be a major con- ditional use in UR Districts with the same standards as the current Code. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following Resolution approving and submitting the Monroe County Comprehensive Plan to the Florida Department of Community Affairs and the South Florida Regional Planning Council and the various municipalities in Monroe County and also fill in the dates of the adopting Resolution with February 28, 1986 as the date of adoption and July 15, 1986 as the effective date. Discussion followed. Fred Tittle addressed the Board. Motion was made by Commissioner Swift to amend the motion to add lIand/1I before the words 1I0r direct legislation" in the fifth line of Paragraph 4 on Page 2; to add at the end of that paragraph, a sentence reading "Those revenue needs are specifically found in the Economic Assumptions of the Plan on Pages " (to be filled in); and also to include County Atorney's proposed Paragraph 5 regarding the pending lawsuit. The amendments were accepted by the maker. Each Commissioner then proceeded to make his or her personal com- ments. Charles Siemon advised the public that he believed the Plan was a good Plan. RESOLUTION NO. 049-1986 See Res. Book No. 48 which is-rncorporated herein by reference. FF 029 Roll call vote was taken with the following results: - Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey Yes Yes No Yes No Motion carried. There being no further business, the meeting was adjourned. * * * * * ,.--