Loading...
05/15/1985 RegularCC 141 1 1 1 Regular Meeting Board of County Commissioners Wednesday, May 15, 1985 Key Colony Beach A regular meeting of the Board of County Commissioners convened oni the above date. Present and answering to roll call wejre Commissioner William Freeman, Commissioner John Stormont, Commissioner Ed Swift, and Mayor Wilhelmina Harvey. Absen't from the meeting was Commissioner Alison Fahrer. Also present were Kermit Lewin, County Administrator; Susan Vernon, Assistant County Attorney; Patricia Aultman, Deputy!Clerk; members of the County staff; members of the County's Consulting Engineers Firm; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. ,i BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. Present were Commissioners Freeman, Stormont and Swift, and Mayor Harvey. Also present were Kermit Lewin, County Administrator; Susan Vernon, Assistant County Attorney; Patricia Aultman, Deputy Clerk; members of the County Staff; members of!the Press and Radio; and the general public. Absent was Commissioner Fahrer. i The first case to be brought before the Board was Simon E. and Carol K. Lipsky's request to reverse the deci- sion of the Monroe County Zoning Board on October 24, 1984, in denying their requestfor a zoning change from BU-2 and RU-3 to RU-7 on a parcel,lof land located in Section 27, Township 64 South, Range'35 East, Long Key, and further described by metes and bounds. Mr. Andrew Tobin, attorney, addressed the Board and requested that this appeal be delayed until Commissioner Fahrer's arrival because of the 4/5 Rule. Motion was made by Commissioner Swift and seconded by Commissioner?Freeman to delay the hearing of Simon E. and Carol K. Lipsky until Commissioner Fahrer's arrival and to proceed with the hearing concerning Nor Ted, Inc. Motion carried unanimously. Mr. Fred Tittle; attorney representing Nor Ted, Inc., addressed the Board concerning their request to reverse the decision of the Monroe County Zoning Board on October 24, 1984, in denying their request for a zoning change from GU to BU-1-L; on a portion of the Southwesterly 1/2 of Lot 13 as surveyed, and plotted by G. B. Adams, Februar, 24, 1947, as said Lot 13'is shown on MacDonalds Plat of Government Lots 5 and 6 and the Northwest 1/4 of the Northwes 1/4 of Section 5, and Lots 1 and 2 of Section 6, all in Township 62 South, Range39 East, as recorded in Plat Book 1 at Page 59; Key Largo. Mr. Tittle submitted a copy of an executed Declaration of Covenants, Conditions and Restrictions that will be filed in the Public Records of Monroe County and requested that same be included in the record. Commissioner Fahrer arrived during this appeal. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Swift to reverse the decision of the Zoning Board and grant the appeal. Roll call vote was taken with the following results: CC 142 Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion failed. Motion was made -by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the following Resolution upholding the decision of the Zoning Board of Monroe County,.Florida, without prejudice, and denying the request of Nor Ted, Inc. to reverse the decision of the Zoning Board of Monroe County, Florida, denying a change of zoning from GU to BU-1-L. RESOLUTION NO. 161-1985 See Res. Book No. 44 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman No Stormont Yes Swift No Yes The Board then proceeded with the appeal of Simon E. and Carol K. Lipsky. Mr. Andrew Tobin, attorney repre- senting Mr. and Mrs. Lipsky, addressed the Board. Mr. Alfred Yasko, adjacent property owner, spoke in opposition to the rezoning. Mr. Tobin spoke in rebuttal. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the proper Resolution reversing the decision of the Zoning Board and granting the appeal. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion failed because of the 4/5 Rule. Discussion ensued concerning the 4/5 Rule. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to reconsider the previous vote. During discussion, Commissioner Swift withdrew his motion. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to direct the Legal Department to draft a Resolution to submit to Representative Allen for next year's Legislative Session to abolish the 4/5 Rule as far as the elected Board of County Commissioners is concerned. Roll call vote was unanimous. The Legal Department was directed to submit their opinion to the Board regarding the application of the 4/5 Rule at the County Commission level. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to reconsider the Lipsky appeal. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to reconsider the vote previously taken by the Commission on the matter of the Lipsky issue. Roll call vote was taken with the following results: 1 I CC 143 1 1 ii Commissioner, Freeman Yes Commissionel Stormont No Commissioner; Swift Yes Mayor Harvey Yes Motion carried with Commissioner Fahrer not present. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to postpone the Lipsky appeal until the next regularly scheduled meeting of the Board of Appeals or until a decision is made by the Court on pending litigation or the County Attorney advises otherwise. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. County Administrator Lewin was directed to notify all parties of the'date of the next hearing regarding the Lipsky issue. The Board proceeded with the next item on the Agenda which was an appeal filed by Mr. Edward Kloski, President of the Upper Keys Citizens Association, pursuant to the Monroe County Zoning Board's action on September 28, 1984, approving a Major Development and Final Development Plan and Approved Preliminary Changes, Final Community Impact Study, Final Change of Zoning from GU, PUD, BU-2 and BU-2A to PUD with a BU-2F for City National Bank as Trustee, Garden Cove Project. Michael Halpern, attorney for the appellee, presented the Board with a Motion To Dismiss, stating that it affected jurisdiction and therefore was proper to be heard prior Ito the time the appellant moved forward with issues. Appellant objected to the introduction of the Motion. Michael Chenowith representing the Upper Keys Citizens Association requested that the Motion be stricken from the record of this proceeding because it was improperly presented before the Board. The County Attorney recommended that Mr. Cherrowith's motion to strike Mr. Halpern's Motion To Dismiss be denied and that Mr. Halpern's Motion be considered. Mr,. Chenowith withdrew his motion to strike. Commissioner Stormont objected to the consideration of Mr. Halpern's Motion because he felt that such a Motion To Dismiss Appeal And Notice Of Appeal was more properly judicial and not within the confines of the Board's review. Mr. Halpern introduced his co -counsel, Mr. Fred Tittle, appearing on behalf of the Federal Court -appointed Receiver, Wade Hopping, and then proceeded with his reasons for the filing of the Motion To Dismiss. Mr. Chenowith argued against Mr. Halpern's Motion To Dismiss. Mr. Halpern intro- duced into the record a better from Certified Court Reporters to Upper Keys Citizens Association, dated January 8th, which contained the,fact that there was still no transcript ordered for a;transcript that had been due by November 28th. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to allow the hearing to proceed and deny the Motion To Dismiss. Roll call vote was unanimous. Michael Chenowith, attorney for Upper Keys Citizens Association, addressed the Board and requested that they reverse the decision of the Zoning Board and grant the appeal. Rebuttal was made by Mr. Wade Hopping. Mr. Tittle then addressed the Board. Attorney Michael Halpern again advised the Board that he was objecting to the fact that Commissioner Stormont was sitting as a County Commissioner on the Board of Appeals, hearing a case which CC IL44 was before the Zoning Board during the time that he was a member of that lower tribunal. Assistant County Attorney Susan Vernon advised the Board that upon her review of the transcript, it was her opinion that Commissioner Stormont did not participate in the decision which was under appeal and that therefore he would be able to serve on the Appellate Board. Attorney Michael Halpern advised the Board that it was his understanding that Commissioner Stormont did vote on the Preliminary Approval of this project and once again reiterated his objections to Commissioner Stormont sitting on the Appellate Board. Commissioner Stormont advised that he did act on the Preliminary Approval; however, he felt that that was greatly removed from the Final Approval and was not relevant to the decision which was under appeal at this time. After a lengthy discussion, motion was made by Commissioner Swift and seconded by Commissioner Freeman to adopt the following Resolution upholding the decision of the Zoning Board of Monroe County, Florida, without prejudice, and denying the request of Edward Kloski, President of the Upper Keys Citizens Association, to reverse the decision of the Zoning Board of Monroe County, Florida approving the major development and final development plan and approving preliminary changes, final community impact study, and final change of zoning from GU, PUD, BU-2, BU-2A to PUD with a BU-2F for City National Bank as Trustee, Garden Cove Project. RESOLUTION NO. 162-1985 See Res. Book No. 44 which is incorporated herein by reference. 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 Stormont and seconded by Commissioner Fahrer to add to the Agenda of this meeting additional Land Use Program scheduled Public Hearings. Motion carried unanimously. The following dates were tentatively agreed upon: June 12 - All Volumes - 7:00 p.m., Key West Public Hearing June 14 - All Volumes - 7:00 p.m., Marathon Public Hearing June 17 - All Volumes - 7:00 p.m., Plantation Public Hearing June 19 - LPA Hearing - 7:00 p.m., Key Colony Beach June 21 - Transmittal at Regular Commission Meeting There being no further business, the meeting was adjourned. 1 I 1