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01/18/2007 Special 19 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Thursday, January 18, 2007 Key West, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 10:00 A.M., at the Harvey Government Center. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Sylvia Murphy, Commissioner George R. Neugent, Commissioner Dixie M. Spehar and Mayor Mario DiGennaro. Also present at the meeting were Thomas Willi, County Administrator; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Suzanne Hutton, County Attorney addressed the Board concerning a request to add on the discussion of a settlement of a potential lawsuit by Lloyd Good regarding transferability of development rights wherein Mr. Good owns several lots on Sugar/oaf Key. The lots in question are on SugarloafBoulevard and include potential marsh rabbit habitat. Motion was made by Commissioner McCoy and seconded by Commissioner Neugent granting approval of the addition of the matter on today's agenda. Motion carried unanimously. CLOSED SESSION Suzanne Hutton, County Attorney announced that pursuant to Florida Statute, 286.011(8) the following sessions were closed to the public: An Attorney-Client Closed Executive Session of the Board of County Commissioners in the matter of Jennifer Franz v. Monroe County and 1. Jefferson Overby, Cap P 06-475. An Attorney-Client Closed Executive Session of the Board of County Commissioners in the matter of Florida Keys Citizens Coalition and Last Stand v. Department of Community Affairs and Monroe County, FL, Case No. DOAH 06- 2449GM. An Attorney-Client Closed Executive Session of the Board of County Commissioners in the matter of Monroe County v. Department of Community Affairs, DOAH 06-2856GM. 20 OPEN MEETING The Board discussed the matter of Monroe County v. Department of Community Affairs, DOAH 06-2856GM. Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Spehar and by Commissioner McCoy to go enter into the process of a Comprehensive Plan Amendment. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Murphy No Commissioner Neugent No Commissioner Spehar Yes Mayor DiGennaro Yes Motion carried. The Board discussed the matter of Jennifer Franz v. Monroe County and 1. Jefferson Overby, CAP P 06-475. Mr. Shillinger and Ms. Hutton addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent to give Mr. Overby the choice; secondly, if he chooses to work in Mr. Kohl's office, then go to the Department of Administrative Hearing (DOAH). Roll call vote was unanimous. The Board discussed the matter of Florida Keys Citizens Coalition and Last Stand v. Department of Community Affairs and Monroe County, FL, Case No. DOAH 06- 2449GM. Ms. Shillinger, Ms. Hutton, and Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to stay with the original ordinance as approved by the BOCC and go to trial the first week of February. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Murphy No Commissioner Neugent No Commissioner Spehar Yes Mayor DiGennaro Yes Motion carried. Mr. Shillinger and the Board discussed settlement of a potential lawsuit by Lloyd Good regarding transferability of development rights wherein Mr. Good owns several lots on SugarloafKey. The lots in question are on SugarloafBoulevard and include potential marsh rabbit habitat. No official action was taken. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida ~)(J~ (!.~a~ Isabel C. DeSantis, Deputy Clerk 21