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12/15/1983 Regular1 Public Hearing Garden Cove Project December 15, 1983 12:00 Noon, Plantation Key A public hearing on Garden Cove Project was held on the above date. Present were Commissioner Alison Fahrer, Commissioner Jerry Hernandez, Jr., Commissioner Ken Sorensen, Commissioner Ed Swift, and Chairman Wilhelmina Harvey. Also present were Louise Hartley, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the Press and Radio; and general public. Proof of publication was entered into the records. Capt. Ed Davidson addressed the Board and objected to the hearing of the appeals on the Garden Cove Project. Ms. Dagney Johnson also objected to the hearing of the appeal. Mr. Alan Gold, Attorney for appellee, requested that the appeal be heard. Mr. Steven Capplo, President; of Cindico, Inc., was not presient. The appeal by Cindico Inc. (Capp lo) was an appeal by a,property owner in the immediate vicinity of the Bougainville Garden Cove Projects who had taken exception to the Garden Cove recommendation of the Zoning Board because they K'ad alleged that no provision had been taken to afford the Ci,ndico Inc. property potable' water. At the time of the ,hearing on Thursday, Mr. Gold announced that the problem asserted by Cindico Inc. had been resolved by agreement, and that the developer of Bougainville Garden Cove projects had agreed and will pro- vide a means.for the water supply to be afforded to the pro- perties owned by Cindico, Inc. i Motion was made by Commissioner Sorensen and seconded by Commissioner Fahrer to grant the appeal on behalf of Cindico, Inc. Roll call vote was taken and d usl cam e unan�mo y. Mr. Michael Chenoweth, Attorney representing Friends of the Everglades,; addressed the Board and objected to the fact that he was not properly notified of the hearing on the appeal until the morning of the appeal. Mr. Chenoweth entered the following items into the record of the appeal: Exhibit 2 - Letter dated November 21, 1983 Exhibit 13A - Letter dated December 2, 1983 Exhibit 3 - Telegram dated December 6, 1983 Exhibit 5 - Notice dated November 14, 1983 Exhibit 6 - Telegram dated November 23, 1983 Exhibit 7 - Letter dated December 7, 1983 Exhibit 8 - Letter dated December 9, 1983 Exhibit 9 - Letter dated November 9, 1983 Exhibit 10 - Classified Ad Exhibit 12 - Policy Summary Exhibit 13 - Letter dated October 26, 1981 Mr. Alan Gold, Attorney fo'r the appellee, City National Bank, addressed the Board. Motion was made by Commissioner Fahrer and seconded by Chairman Harvey to grant the appeal of the Friends of the Everglades on the following basis: (1) There was no't proper notice. ( 2 ) The project ;does not fulfill the request of the Department of Community Affairs that no further major projects be approved and that the County was acting irrespon- sibly without further information. (3) That a capital study was not available as required by agreement between agencies. Roll call vote was taken and failed with Commissioner Hernandez, Commissioner Sorensen and Commissioner Swift voting no. Motion was then made by Commissioner Hernandez and seconded by Commissioner Sorensen to deny the appeal and uphold the decision of the Zoning Board. Roll call vote was taken and carried with Commissioner Fahrer and Mayor Harvey voting no. Public Hearing The Board then conducted a public hearing under the provisions of the Law pertaining to developments of regional impact. All Commissioners were present. Also present were Louise Hartley, Deputy Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; Dr. Jeff Doyle, Zoning Director; members of the Press and Radio; and general public. Proof of publication was entered into the records. Mr. Michael Chenoweth, Attorney, representing Friends of the Everglades, addressed the Board and submitted an exhibit consisting of a letter dated October 25, 1983. Mr. Alan Gold, Attorney for City National Bank, Developer, addressed the Board. The Chairman advised that she was setting a five (5) minute limit on all persons addressing the Board on this issue with the exception of Mr. Gold, the Attorney for the applicant, who would be allowed twenty (20) minutes. She also advised that a fifteen (15) minute limit would be allowed for Mr. Chenoweth, Attorney representing The Friends of the Everglades. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to over -rule the Chair to provide that Mr. Chenoweth be limited to five (5) minutes. Roll call vote was taken on the motion to over -rule the Chair carried with Commissioner Fahrer and Mayor Harvey voting no. The Chair was over -ruled and the hearing continued. Mr. Alan Gold, Attorney representing the applicant, addressed the Board and outlined the project. The following people spoke: Mr. David Plummer, Traffic Consultant; Sharon Dondrell, South Florida Regional Planning Council; and Mr. Larry East. Mr. Michael Chenoweth, Attorney representing Friends of the Everglades, addressed the Board and requested that he be granted as much time as Mr. Gold for his presen- tation. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to allow each speaker a five (5) minute limit. Roll call vote was taken and carried with Commissioner Fahrer and Chairman Harvey voting no. Michael Chenoweth then addressed the Board. Dagney Johnson, Vice President of the Upper Keys Citizens Association, addressed the Board. Pauline Kline, discussed hurricane evacuation, employment and flood insurance. Mr. Roland Howell of Key Largo supported the project. Mr. Larry Miller of Key Largo addressed the Board. Diana Chin of Key Largo was concerned about the lack of shopping and recreation. Larry Reese of Dade County, Chairman of the Sierra Club, discussed waste, fire service, and hurricane evacuation. W. R. Lazareth of Miami Beach, Dade County, discussed conser- vation. Mr. Charles Patterson of the Department of Community Affairs, Key West Office, discussed the cumula- tive impact, concerns of transportation, concept of 905 hurricane evacuation, the quantity of hammock to be pre- served, and waste. Mr. Emory Majors, of the NAACP Key West, discussed the human environment. Dr. Skinner, represen- tative of DNR, discussed the marine environment and sub- mitted a letter. Barbara Taylor of Key Largo was concerned 1 1 1 2 �9' with the welfare of children and submitted two (2) letters to the Clerk. E. M. Pierce of Miami discussed the project and submitted four (4) letters to the Clerk. Capt. Ed Davidson, President of the Audubon Society, addressed the Board. Mr. Scharenberg, Director of Garden Cove, indicated that he had received no response from indi- viduals that he contacted. Mr. Michael Chenoweth, Friends of the Evergaldes, addressed the Board, and opposed the pro- ject. Mr. Alan Gold, made closing remarks concerning the project. Motion was made by Commissioner Swift and Commissioner Hernandez to approve the Garden Cove Project, authorizing the preparation of a resolution to be brought back to the Board for execution on January 13, 1984 based upon the stipulation that Garden Cove and Port Bougainville be developed together and also including the conditions of the Zoning Board approval. During discussion by the Board of County Commissioners of the motion, Mayor Harvey attempted to relinquish her turn to discuss the motion on the floor to Commissioner Fahrer. Motion was made by Commissioner Hernandez and seconded by Commissioner Sorensen to over -rule the Chair in allowing Commissioner Fahrer time alloted to the Chair to discuss the proposed motion. Roll call vote on the motion to over -rule the Chair failed with Commissioner Fahrer, Commissioner Swift and Chairman Harvey voting no. Motion was made by Commissioner Swift and seconded by Commissioner Sorensen to allow each Commissioner the opportunity to speak twice on the motion before the Board. Roll call vote was taken and carried with Commissioner Hernandez and Commissioner Sorensen voting no. After further discussion roll call vote was taken on the original motion and carried with Commissioner Fahrer voting no. There being no further business the public hearing adjourned.