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07/17/1985 SpecialSpecial Meeting Board of County Commissioners Wednesday, July 17, 1985 Key Colony Beach A special meeting of the Board of County Commissioners convened at 1:30 p.m. on the above date at Key Colony Beach. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormont, Commissioner Ed Swift, and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Susan Vernon, Assistant County Attorney; Lane Kendig, Planning Consultant; County staff; members of the Press and Radio; and the general public. Motion was made by Commissioner Fahrer and secondel by Commissioner Freeman to rescind the Board's previous motion on- cerning Home Occupational Licenses for commerical fishing in residential areas on June 27, 1985. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Swift and seconded Mayor Harvey that the Board of County Commissioners will issi permits as a matter of right upon application for the use of residential parcel of land including any contiguous property common ownership by a resident of the property for the dockii commercial fishing vessels owned and operated by the residen the property parallel to the shoreline within the boundary 1 of the property, the non -mechanical off-loading of catch, thl storage of not more than ten traps during the off season pro, that the traps are screened from any adjacent residential usl and the seasonal loading and off-loading of fishing equipmen including traps during a period of three weeks before and thi weeks after the opening and closing of any fishing season, pi vided that the owner or operator of the commercial enterprise the holder of a valid Occupational License from the County o- Monroe; permits will be issued for a period of ninety days a - passage of the Plan; following the ninety days, the period w be closed and the County will set up criteria for hearing an, additional requests for permits following the close of the ii tial ninety -day period; the applicants will attest by affida, to the Clerk of the Circuit Court that they are and have bees commercial fishing from that residence as of July 17, 1985; the applicant will forfeit any rights upon presentation of f, information in the affidavit. Roll call vote was taken with following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes by e a in g of of ne ided f ee o- is ter l- it nd Ise the DD 097 Motion carried. Motion was made by Commissioner Swift and seconded Mayor Harvey to allow those people operating legally under t previous Ordinance to continue to do so under this Plan and if they cannot meet the minimum standards as established by Board of County Commissioners, they will be considered non- conforming uses; if the non -conforming use ceases operation period of one year, the property will no longer be allowed t usage; and, further, the usage will run with the operator an with the land. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Swift and seconded Commissioner Freeman to rescind all CFR designations existing today until the County prepares a comprehensive list of Home Occupational Commercial Fishing Permits; to re -visit and designate as CFR those areas with a predominance of the use o commercial fishing, predominance to be defined as fifty perce plus one on a residential unit basis. Roll call vote was tak with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. The following individuals spoke: Bill Moore of O.F.F.; L. B. Pokorski; Frank Greenman, attorney repre- senting the Florida Keys Citizens Association; June Baxter of Cudjoe Key; Skip Norwood of Big Pine Key; Arthur Ayers, President of Lower Keys O.F.F.; Pam Martin of Upper Keys O.F.F. Mr. Pokorski again discussed the CFV designation of Piney Point Subdivision. Jack Ming and Peter Bacle also addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to designate the south side of the Stock Island area including Gulf, Ming's, Stock Island Fisheries, Oceanside and Munro's Boat Building as MU. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to remove the Hotel/Motel use from the MI category. Roll call vote was unanimous. Motion was made by Commissioner Fahrer to eliminate "recreational marinas" from the MI category. Motion died for lack of a second. Bob Singer, owner of property on Cudjoe Key used for commercial fishing, addressed the Board. Motion was made by Commissioner Fahrer and seconded y at e it a it not X it !n by Commissioner Swift to approve the following areas and transmit to Tallahassee with a CFA designation, with the modification to the Stock Island area as previously adopted by the Board: Stock Island - All existing fish houses and docks, including Safe Harbor. Boca Chica - Canal system. Summerland Key - East End - Yacht Harbor. Big Pine Key - Big Pine Shores; Koehns Subdivision; Moore property - State Road 4A. No Name Key - Dolphin Harbor. Boot Key - with disclaimer on continued County Bridge main- tenance. Marathon - Boot Key Harbor - Capt. Cliff's; Fishermen's Point; Colpac; East Coast Fishery; 7 Mile Grill Area; City Fish; Marathon Seafood. Conch Key. Lower Matecumbe - Offshore Island (if water quality okay); Tollgate Shores (2 lots as non -conforming). Upper Matecumbe - Green Turtle Cannery; Islamorada Fish Co. Plantation Key - Casa Mar - South of U.S. 1. Key Largo - Pilot House. The following individuals spoke: Spencer Slate of Garden Cove; Arthur Ayers of Big Pine Shores. During discussion, Mayor Harvey ruled that the use of Commissioner Fahrer's list was out of order and that the Board should use the list prepared by the Planning Staff. Commissioner Swift withdrew his second to the motion. Commissioner Stormont replaced the second to the motion. Commissioner Fahrer challenged the ruling of the Chair. The challenge died for lack of a second and the motion was ruled out of order. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to approve the following designations: Location Number Area 2 Boca Chica 8 Summerland Yacht Harbor 12 Koehns/Big Pine Shores 16 Dolphin Harbor/Bahia Shores 19 West of Fishermen's Point and South of U. S. 1 (Marathon Seafood) 20 Fishermen's Point 21 Bayside, 12th to 17th Streets behind Seven Mile Grill Designation CFA, MU/MI CFA CFV CFV CFA CFA CFA i 4 _ DD ®®9 I- 1 M 22 Colpac (,South of 37th Street) CFA 23 Bayside,35th to 41st Streets MU (City Fish and Gulfview) 1 24 Boot Key' MU/SPA 28 Conch Key CFA 31 Rutherfo"rd Island North of CFA U.S. 1 32 Toll Gate Shores, 3 lots CFA non -conforming 39 Mile Marker 81.4, Bayside, CFA Green Tur,:tle Canneries and Islamorada Fish Co. 49 Pilot House Marina Basin CFA 50 Ocean Isle Estates, North MU and East 'of Exuma Street Shirley Larsen of Key Largo addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to amend the motion to delete Area 49. Motion carried unanimously. Ben Mercadany of No Name Key addressed the Board. Motion was made' by Commissioner Fahrer and seconded by Commissioner Swift to amend the list to remove Bahia Shores from Area 16 o',n the list. Motion carried una- nimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to add to the list Area 5 on the list as CFA. Roll call vote was taken with the following results: Commissioner ';Fahrer No Commissioner 'Freeman Yes Commissioner -Stormont Yes Commissioner iSwift Yes Mayor Harvey Yes Motion carried. Motion was,made by Commissioner Freeman and seconded by Commissioner Sw',ift to add to the list Area 6 on the list as MU. Jack Ming !!addressed the Board. Roll call vote was taken with the fol5owing results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was,made by Commissioner Swift and seconded by Commissioner Freeman that all items previously decided upon by the Board concerning commercial fishing would stand as is except for the CFR categories which were eliminated by the Board's action on this date. Ben Halroyd of Big Pine Key addressed the Board. Roll call vote on the original motion as amended was unanimous. DD 1® M r it Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to reconsider the Board's previous action as it relates to Snake Creek. Motion carried unani- mously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to amend the Board's previous motion; not to include on the list Area 42 - Snake Creek, and to recind the Boards previous action in re: To Area 42 Snake Creek. Roll call vote was unanimous with Commissioner Swift not present. Ron Lata of Summerland Key Marina and Summerland Key Yacht Harbor addressedythe Board. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman directing Mr. Lewin to bring the "Grandfather" list up to date for the upcoming registration and to include all of the permits authorized by the County Commission. Roll call vote was unanimous with Commissioner Swift not present. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman that any additional commer- cial fishing consideration's be considered according to the criteria established in Commissioner Fahrer's memorandum dated July 15, 1985. The following individuals discussed this motion: Pam Martin o'f Upper Keys O.F.F. and Curtis Mobley. Roll call vote was taken with the following results: Commissioner' Fahrer Yes Commissioner; Freeman Yes Commissioner' Stormont Yes Mayor Harvey! No Motion carried with Commissioner Swift not present. Motion was made by Commissioner Freeman and seconded by Commissioner F,ahrer to adjourn the meeting. Motion carried unanimously.