Item Q01
JULY 15, 2009 COUNTY ATTORNEY REPORT
There are orwill be a number of ordinances presented to the ROCC in the next few months.
Some of the ordinances will be the result of recent state legislation, such as the one submitted on
this agenda with a request to approve advertising a public hearing to increase the noncriminal
surcharge for court costs from $15 to $30, which revenue is designated for state court facilities.
One significant ordinance is taking longer than expected - a Lobbying ordinance which would
require, among other things, a registry of 10 bbyists, and a cone of silence during certain periods
of competitive solicitations. The drafting of this ordinance commenced in November, 2006, but
was eclipsed by other issues until interest from commissioners, the State Attorney, and the
general public was voiced in the last few months. It is expected that it will be presented at the
August meeting with a request for approval to advertise a public hearing.
At the last regular meeting ofthe BOCC, the County Attorney was requested to review the past
litigation files re electrification of No Name Key and to opine as to the effect of same on current
issues. Although the in-house files on No Name Key were delivered to me on June 26, 2009,
there has been insufficient time prior to the agenda deadline to'review the content or to ascertain
if additional court files will also have to be accessed. It is expected that at least a cursory verbal
report should be available by the July 15th meeting.
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4.
(~ .....--- BOARD OF COUNTY COMMISSIONERS
OJ!~!Y ~o~~~E Mayor George Neugent, District 2
Mayor Pro Tem Sylvia J. Murphy, District 5
Kim Wigington, District 1
Heather Carruthers, District 3
(305) 294-4641 Mario Di Gennaro, District 4
Suzanne A. Hutton, County Attorney.. -- Office of the County Attorney
Robert B. Shillinger, Chief Assistant County Attorney ** 1111 12th Street, Suite 408
Pedro J. Mercado, Assistant County Attorney Key West, FL 33040
Susan M. Grimsley, Assistant County Attorney ** (305) 292-3470 - Phone
Natileene W. Cassel, Assistant County Attorney (305) 292-3516 - Fax
Cynthia L. Hall, Assistant County Attorney
Christine Limbert-Barrows, Assistant County Attorney
Derek V. Howard, Assistant County Attorney
Lisa Granger, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
July 15, 2009
Franklin D. Greenman, Esq.
GREENMAN & MANZ, P.A.
5800 Overseas Highway, Suite 40
Marathon, FL 33050
Re: Monroe County v. Key Largo Ocean Resorts Co-op, Inc., CA P 96-260
Dear Mr. Greenman:
Thank you for the opportunity to meet with your clients and consultant yesterday to discuss the proposed implementation schedule of
the development agreement now that the Interverners' challenge to the site plan has been resolved. The schedule proposed by
KLOR is acceptable to the County. Nevertheless, I must impress upon you the importance the County places upon KLOR's
compliance with the development agreement.
In the words of the Third DCA, "Monroe County has a strong interest in resolving the health and safety issues on the KLOR property,
but eventually, the patience demonstrated by Monroe County so far, will and should run out." That day has come.
As you well know, the County has patiently awaited resolution of hundreds of code violations via the development agreement. These
violations at KLOR have existed for far too long and must be remedied sooner, rather than later. Because of the development
agreement and the process that led to its adoption, the County has not sought fines for these violations the total of which could easily
reach into the millions of dollars.
Please make it clear to the KLOR board and membership that the County will not tolerate any retreat from that agreement. Failure to
to take significant steps to comply with the development agreement and the compliance schedule by October 1, 2009 will force the
County to seek an order from the Court enjoining further occupancy and use of the park until those violations have been corrected.
Alternatively, the County will seek to set aside the settlement agreement that led to the development agreement and resume
foreclosure proceedings on the property.
Sincerely,
Robert B. Shillinger
Chief Assistant County Attorney
Cc: John Jabro, Esq.
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