09/04/1992 SpecialMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
92/272
Special Meeting
Board of County Commissioners
Friday, September 4, 1992
Big Pine Key
A Special Meeting of the Monroe County Board of County
Commissioners convened at 10:00 a.m. on the above date at St.
Peter's Church on Big Pine Key. This Special Meeting was called
to consider the Administrative Appeal filed by the District
School Board of Monroe County concerning the decision by the
Planning Commission denying the request to construct an
elementary school on Big Pine Key. 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 Danny Kolhage, Clerk; Randy
Ludacer, County Attorney; Tom Brown, County Administrator; County
Staff; members of the Press and Radio; and the general public.
Debbie Harrison, representing The Wilderness Society
and the National Wildlife Federation, addressed the Board
concerning their assertion of a right to participate in the
hearing. After discussion, motion was made by Mayor Harvey to
reject the request based upon the County Attorney's opinion.
During discussion, the motion was withdrawn. County Attorney
Randy Ludacer advised the Board that the request to participate
in the hearing pursuant to the Board's rules was not valid.
The Board proceeded to hear the appeal. Andy Tobin,
attorney representing the School Board, addressed the Commission
concerning the appeal. Garth Coller, Assistant County Attorney
representing the Planning Commission, addressed the Board. Jim
Mattson, attorney representing the School Board, rebutted.
Motion was made by Mayor Harvey and seconded by
Commissioner Jones to adopt the motion attached hereto ("A").
92/273 INV1$&D
Mr. Mattson attempted to address the Commission. Motion was made
by Commissioner Jones and seconded by Mayor Harvey to allow Mr.
Mattson to further address the Commission. Roll call vote was
taken with the following results:
Commissioner
Cheal
No
Commissioner
Jones
Yes
Commissioner
London
No
Commissioner
Stormont
Yes
Mayor Harvey
Yes
Motion carried. Mr. Mattson then discussed Mayor Harvey's
motion. Following discussion, Mayor Harvey withdrew her motion.
Motion was made by Commissioner London and seconded by
Commissioner Stormont that:
The Board of County Commissioners finds
that the factual determinations of Staff
and of the Planning Commission are supported
by competent substantial evidence. However,
applying supervening principles of comity,
this Board will respect the decision of the
District School Board acting within the scope
of its authority under Article 9, Section 4 of
the Florida Constitution. Accordingly, the
appeal of the District School Board of Monroe
County is granted, and the decision of the
Planning Commission is reversed.
Commissioner Stormont offered an amendment to include a reference
to Florida Statutes 235.193. The amendment was accepted by the
maker. After further discussion, Commissioner London amended the
motion so as to now read as follows:
Based on the supervening principles of comity,
this Board will respect the decision of the
District School Board acting within the scope
of its authority under Article 9, Section 4 of
the Florida Constitution, pursuant to Florida
Statutes 235.193. Accordingly, the appeal of
the District School Board of Monroe County is
granted and the decision of the Planning
Commission is reversed.
The amendment was accepted by the seconder. Roll call vote was
unanimous.
Motion was made by Commissioner London and seconded by
Commissioner Stormont directing the office of the County Attorney
and the Special Land Use Counsel not to participate in or incur
any costs in defense of the decision granting the appeal of the
District School Board. Roll call vote was taken with the
following results:
92/274
Commissioner
Cheal
No
Commissioner
Jones
No
Commissioner
London
Yes
Commissioner
Stormont
Yes
Mayor Harvey
No
Motion failed.
Motion was made by Commissioner Cheal and seconded by
Mayor Harvey directing that the legal staff is to bring to the
Board's attention any legal matters concerning this decision
which arise and that, if necessary, the Mayor will call a Special
Meeting to deal with them. Roll call vote was unanimous.
There being no further business, the meeting was
adjourned.
mot-*& h CIM71 Vey
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#\Ayowe It
I MOVE to OVERTURN denial of Planning Director and Plan-
ning Commission of building the BIG PINE SCHOOL on Key Deer
Boulevard, BIG PINE KEY, based on:
Incomplete data
Misstatements
and contrary,LA empirical data that.shows KEY DEER mor-
tality is NOT directly nor indirectly related to development
or populations for the following reasons:
Result of review of testimony and record before
the Planning Commission.
This plan met STATE requisites.
This plan met Monroe County's COMPREHENSIVE LAND
USE PLAN.
Assistant School Superintendent Mr. Highsmith has
said several times that the HABITAT ANALYSIS with 110 to 3"
had "0 to 1" for low key habitat empirical evidence.
Analysis revealed that for the past twenty years,
that automobiles (accidents hitting deer) was the prime
reason for deer deaths ---regardless of growth ---no cor-
relation so no effect.
If you do not allow any development or you do allow
development, as long as it does not substantially decrease
in their
the KEY DEER/HABITAT.
When the school is built in BIG PINE KEY, there
will be less automobile traffic.
NOT allowing the school constitutes a MISAPPLICATION
of POLICY. We cannot treat the SCHOOL BOARD different to any-
one else.
Attorney MATTSON is technically correct when he c n—,,
MAYOR WILHELMINA G. HARVEY
APPEAL OF BIG PINE SCHOOL BEING BUILT ON BIG PINE KEY Page 2
tends that this location desired for a school is NOT within
the KEY DEER REFUGE ----the location may be in their Admin-
istrative area, but IT IS NOT IN THE KEY DEER REFUGE.
id that no Mitigation plan
School Board Attorney sa
'butpointed� out how their site plan could
proposed by Schoo l
he School Board did get
conform to VOLUME II (POLICIES). T
extra
land to move Development away from Wetland. Who was better
able to give us directions than the School Board? The School
Board cannot be blamed for no Mitigation Plan. This is where
the Planning Director and the Planning Commission ERRED. The
School Board did have a Mitigation Plan because they had an A-
MENDED SITE PLAN.
The Planning Director and Planning Commission failed
off -site alternatives and erred again because the LDRs requir(
that "off island" alternatives be considered. We were
required to work with our School Board and children and
not rely on School Board not having off site alternatives.
The Planning Director and Planning Commission pro-
duced NO EXPERTS to prove the educators (Messrs. Highsmith,
former Principal of Sugarloaf School, and Dr. Henriquez)
wrong.
Best service only presumptious ---- we offered
nothing to the contrary (county).
MAYOR WILHELMINA G. HARVEY
Page 3
APPEAL OF BIG PINE SCHOOL BEING BUILT ON BIG PINE KEY
Staff, nor Planning Director, nor Planning
Commission has not defined nor shown that the school
as planned is "intensive development". The Planning
Department erred in applying (citing) policies con-
cerning INTENSIVE DEVELOPMENT.
Is an off -island school location counter to
basic elementary school site location criteria? Yes.
(If desired, I will name the books of three authors and
a Land Institute who state this.)
The site plan was amended at least four (4)
times at the request of the staff to provide sufficient
open space on site to accommodate the deer movement
corridors described in USFCIS documents and other studies
including "Key Deer Accessibility" by Falk, Klimstra,
and Caver. A continuous mitigation process. They re-
located buildings.
We are constantly trying to keep Key Deer off
the highway to save them. Do we think LESS of OUR
CHILDREN, especially young elementary students, that we
are going to let them stand or sit in rain or winds
waiting on a bus? Then are we going to let these children
ride in a bus on U. S. 1 where at times the vehicle
- lanes number two lanes? I HOPE NOT! I ASK NOT!
WILHELMINA G. HARVEY
MAYOR AND COUNTY COMMISSIONER 11 d