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03/09/2015 SpecialMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Monday, March 9, 2015 Marathon, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 10:00 A.M., at the Marathon Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner David P. Rice and Mayor Danny Kolhage. Commissioner Murphy and Commissioner Neugent were absent. Also present at the meeting were Roman Gastesi, County Administrator; Debbie Fredrick, Deputy County Administrator; Bob Shillinger, County Attorney; Lindsey Ballard, Deputy Clerk; County Staff, members of the press and radio; and the general public. COUNTY ATTORNEY Item B 1 Derek Howard, Assistant County Attorney presented an update on recent developments in land use law and proposed the following recommendations: 1. Ensure that any permit condition has an "essential nexus" and "rough proportionality" with the impacts of the development that the condition seeks to mitigate. • Mr. Howard instructed the Board that we have been doing this • No Koontz type litigation currently files against Monroe County 2. Preliminary Discussion/Pre- Application Disclaimer: "The applicant /owner hereby acknowledges and agrees that any staff discussions or negotiations about conditions of approval are preliminary only, and are not final, nor are they specific conditions or demands required to gain approval of the application, unless the conditions or demands are actually included in writing in the final development order or the final denial determination or order. 3/09/2015 Pagel 3. Final Approval Condition/Waiver: "To the extent that any of the conditions of this approval constitute monetary or property exactions that are subject to Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 384 (1994), the applicant /owner, and successors and assigns (a) agrees that there is a nexus and rough proportionality between such conditions and the impacts of this project /development, and that such conditions are necessary to ensure compliance with the criteria of the Monroe County Land Development Code and Comprehensive Plan that are applicable to this approval, and (b) waives any claims based on such conditions. This agreement /waiver was entered into voluntarily, in good faith, for valuable consideration, and with an opportunity to consult legal counsel, but does not affect the applicant /owner's ability to seek variances, administrative remedies, or modifications of the conditions of this approval through applicable processes in the Land Development Code." 4. Ensure that conditions or prohibitions, including those relating to "formula" "big box" retail, do not violate the Dormant Commerce Clause, consistent with "Island Silver & Spice v. Islamorada, 542 F.3d 844 (11 Cir. 2008) The following individuals addressed the Board: Bob Shillinger, County Attorney; Roman Gastesi, County Administrator; Christine Hurley, Growth Management Director; Michelle Newmann and Jan Edelstein. CLOSED SESSIONS Item A2 An Attorney- Client Closed Session in the matter of James B. Newton, Ruth L. Newton, Robert D. Reynolds and Julianne C. Reynolds v. Monroe County, Case No. 14- 10034-CIV- KING, United States District Court. The open session of the meeting was adjourned for the Closed Session. The Closed Session was adjourned and returned to the open session. Item Al An Attorney- Client Closed Session in the matter of Galleon Bay Corp. v. Monroe County & State of Florida, Case No. 2002 -CA- 595 -K. The open session of the meeting was adjourned for the Closed Session. The Closed Session was adjourned and returned to the open session. 3/09/2015 Page 2 There being no further business, the meeting of the Board of County Commissioners was adjourned. Amy Heavilin, CPA, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida - 3/09/2015 Page 3