02/26/2013 SpecialMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Tuesday, February 26, 2013
Marathon, Florida
A Special Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Marathon Government Center. Present and answering to roll call were
Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner Sylvia
Murphy, Commissioner David P. Rice and Mayor George Neugent. Also present at the meeting
were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Pamela Hancock,
Deputy Clerk; County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item A There were no Additions, Corrections and Deletions to the Agenda.
CLOSED SESSION
Item B 1 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session in
the matters of 1) Monroe County v. Utility Board of the City of Key West, dba Kevs Energv
Services, Case No. (A-K-12-549; 2) Alicia Roemmele- Putnev, et al. v. Robt. D. Revnolds, et al.,
Case No. 3D12 -333 (formerly stvled as Roemmele Putnev, et al. v. Monroe County, �et al., Case
No. 3D12 -333, Lolver Tribunal Case No. CA- K -11 -3 42); 3) Revnolds v. Utility Bd of the City
of KW, dba Kevs Energv Services, PSC Docket No. 120054 -EM,• l) James B. Nelvton, Ruth L.
Nei rton, Robert D. Revnolds and Julianne C. Revnolds v. Monroe County, Case No.2013- CA -86-
K, 5) An administrative appeal by James D. Nelvton, re: Property at 2047 Bahia Shores
Road, No Name Kev, Planning Department File No. 2012 -096 also stvled as James B. Nelvton &
Ruth Nelvton, Appellants, v. Monroe Co. Planning Commission, Appellee, DOAH Case No. 13-
000083. Pursuant to F. S. 286.011(8), the subject matter of the meeting shall be confined to
settlement negotiations or strategy sessions related to litigation expenditures. The persons
attending the meeting will be the County Commissioners, County Administrator Roman Gastesi;
County Attorney Bob Shillinger; Assistant County Attorneys Susan Grimsley, Steven Williams;
special litigation counsel Mike Burke, and a certified court reporter.
The open session of the meeting was adjourned for the Closed Session. The Closed
Session was adjourned and returned to the open session.
COUNTY ATTORNEY
Item C 1 Bob Shillinger, County Attorney addressed the Board concerning direction to
legal staff regarding the pending matters of 1) Monroe County v. Utility Board of the City of Key
West, dba Kevs Energv Services, Case No. (A-K-12-549; 2) Alicia Roemmele- Putnev, et al. v.
02/26/2013 Pagel
Robt. D. Revnolds, et al., Case No. 3D12 -333 (formerly stvled as Roemmele- Putnev, et al. v.
Monroe County, et al., Case No. 3D12 -333, Lolver Tribunal Case No. (A- K -11 -3 42); 3)
Revnolds v. Utility Bd, of the City of KW, dba Kevs Energv Services, PSC Docket No. 120054-
EM; l) James B. Nelvton, Ruth L. Nelvton, Robert D. Revnolds and Julianne C. Revnolds v.
Monroe County, Case No. 2013- (A -86 -K; and 5) An administrative appeal by James D.
Nelvton, re: Property at 2047 Bahia Shores Road, No Name Kev, Planning Department File No.
2012 -096 also stvled as James B. Nelvton & Ruth Nelvton, Appellants, v. Monroe Co. Planning
Commission, Appellee, DOAH Case No. 13- 000083. The following individuals addressed the
Board: Hallett Douville, Anne M. Press, Barton Smith, representing Robert & Juli Reynolds and
James & Ruth Newton; Andrew Tobin, representing No Name Key Property Owners
Association; Joyce Newman, Tony Harlacher, Alexander Press, Alicia Putney, representing The
Solar Community of No Name Key; Joan Mowery Barrow, Doug Philipp, Karen Philipp, Dave
Eaken, Robert Eaken, Ruth Eaken, Kathy Brown, Beth Ramsay - Vickery, R.L. Blazevic, Mary
Frances Bakke, John Bakke, Deb Curlee, Kristie Killam, Naja Girard, representing Last Stand;
and Sloan Bashinsky. After discussion, the Board took the following action:
1) Motion was made by Commissioner Kolhage and seconded by Commissioner
Carruthers granting approval of staff recommendation to not take an appeal of Judge Audlin's
decision to dismiss in the matter of Monroe County v. Utility Board of the City of Key West, dba
Keys Energv Services, Case No. (A-K-12-549. Motion carried unanimously.
2) Motion was made by Commissioner Rice and seconded by Commissioner Carruthers
granting approval of staff recommendation to not take an appeal in the matter of Alicia
Roemmele- Putnev, et al. v. Robt. D. Revnolds, et al., Case No. 3D12 -333 (formerly stvled as
Roemmele- Putnev, et al. v. Monroe County, et al., Case No. 3D12 -333, LoIrer Tribunal Case No.
('A-K-11-342). Motion carried unanimously.
3) Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers granting approval for the County Attorney and outside counsel to attend the status
conference scheduled for March 1, 2013 in the matter of Revnolds v. Utility Bd. of the City of
KW, dba Kevs Energv Services, PSC Docket No. 120054 -EM. Mr. Shillinger will ask for another
Closed Session at the March 20, 2013 regular BOCC meeting to report what happened at the
status conference and get direction on how to move forward from that point. Roll call vote
carried unanimously.
4) Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers granting approval to continue to defend in the matter of James B. Nelvton, Ruth L.
Nei rton, Robert D. Revnolds and Julianne C. Revnolds v. Monroe County, Case No. 2013 -CA-
86 -K. Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
No
02/26/2013 Page 2
Motion carried.
5) Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to defend the matter in -house and to take it to its conclusion of the Administrative
Appeals process in the appeal by James D. Nei rton, re: Property at 20 l7 Bahia Shores Road, No
Name Kev, Planning Department File No. 2012 -096 also stvled as James B. Nelvton & Ruth
Nelvton, Appellants, v. Monroe Co. Planning Commission, Appellee, DOAH Case No. 13-
000083. Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
No
Motion carried.
Bob Shillinger, County Attorney read the required language into the record and requested
a Closed Session in the matter of Revnolds v. Utilitv Board of the City of Key West d b Kevs
Energv, PSC Docket No. 120054 -EM. The subject matter of the meeting shall be confined to
settlement negotiations or strategy sessions related to litigation expenditures. The persons
attending the meeting will be the County Commissioners, County Administrator Roman Gastesi;
County Attorney Bob Shillinger; Assistant County Attorneys Derek Howard, Susan Grimsley,
Steven Williams; special litigation counsel Robert "Schef' Wright, Jay LaVia and a certified
court reporter. Motion was made by Commissioner Murphy and seconded by Commissioner
Rice to hold the Closed Session on March 20, 2013, at 1:30 p.m. Motion carried unanimously.
GROWTH MANAGEMENT
Item D2 Christine Hurley, Growth Management Director and Bob Shillinger, County
Attorney addressed the Board concerning the approval of the Eighth (8th) Amendment to the
agreement for professional services with Keith and Schnars (K &S), P.A., for additional services
to evaluate the Coastal Barrier Resource System (CBRS) Comprehensive Plan policies and Land
Development Code regulations. The following individuals addressed the Board: Alicia Putney,
representing the Solar Community of No Name Key; Kathy Brown, representing No Name Key
Property Owner's Association; Kristie Killam, Naja Girard, representing Last Stand; Kandy
Kimble, Beth Ramsay - Vickery, Joyce Newman, Deb Curlee and Sloan Bashinsky. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Kolhage granting approval of staff recommendations. Roll call vote was taken with the
following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
No
02/26/2013 Page 3
Motion carried.
Item D3 Christine Hurley, Growth Management Director; Bob Shillinger, County Attorney
and Mayte Santamaria, Assistant Director Planning & Environmental Resources addressed the
Board regarding provisions of the County's Comprehensive Plan and Land Development Code
regarding the Coastal Barrier Resources System (CBRS) and potential timelines and procedures
for amendments due to new data and analysis. The following individuals addressed the Board:
Bart Smith, representing Robert & Juli Reynolds and James & Ruth Newman; Alicia Putney,
representing the Solar Community of No Name Key; Beth Ramsay - Vickery, Naja Girard,
representing Last Stand; Deb Curlee and Joyce Newman. After discussion, motion was made by
Commissioner Rice and seconded by Mayor Neugent for the Board to make a legislative finding
that the LDR is not completely consistent with the Comp Plan and direct staff to bring forward
an agenda item following Section 163.3194 to cure the perceived inconsistency and allow permit
issuance for connections to the electric. Roll call vote was taken with the following results:
Commissioner Carruthers
No
Commissioner Kolhage
No
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion failed. After fi rther discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Murphy granting approval of Staff recommendations of Option A or
Option B depending on the outcome with Keith and Schnars (K &S), P.A. Roll call vote was
taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
No
Motion carried.
Item D1 Christine Hurley, Growth Management Director addressed the Board regarding
the Key Largo Wastewater Treatment District CR -905 improvement project relative to the
Coastal Barrier Resources System (CBRS) Unit 4FL -35 and the expenditure of federal fiends.
The following individual addressed the Board: Ray Giglio, representing Key Largo Wastewater
Treatment District. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Murphy to continue the item to the May meeting in Key Largo. Motion carried
unanimously.
There being no fi rther business, the meeting of the Board of County Commissioners was
adjourned.
02/26/2013 Page 4
Amy Heavilin, CPA, Clerk
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
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