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02/21/2006 Special/Closed Session MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2006/46 Special Meeting/Closed Session Board of County Commissioners Tuesday, February 21,2006 Marathon, Florida A Special Meeting/Closed Session of the Monroe County Board of County Commissioners convened at 9:00 AM., at the Marathon Government Center. Present and answering to roll call were Commissioner Murray E. Nelson, Commissioner George R. Neugent, Commissioner David P. Rice, Commissioner Dixie M. Spehar and Mayor Charles "Sonny" McCoy. Also present were Isabel C. DeSantis, Deputy Clerk; Robert Shillinger, Assistant County Attorney; Thomas Willi, County Administrator; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS There were no Additions, Corrections, or Deletions made to the agenda. Interim County Attorney, Suzanne Hutton addressed the Board. CLOSED SESSION Mayor McCoy announced pursuant to F.S. 286.01, the following matter was closed to the public: An attorney-client closed session to be held with the Board, County Administrator Torn Willi, Assistant County Attorney Bob Shillinger, outside counsel for the County, Derek V. Howard, Esq., Robert H. Freilich, Esq., and a certified court reporter to discuss Galleon Bay Corporation v. Board of Commissioners of Monroe County, Florida v. State of Florida, Case No. CAK-02-595 and Thomas F. Collins, et al v. Monroe County v. State of Florida, Case No. CAM-04-379. Attorney Steve Moore, who entered his appearance in the Collins matter, will also be present. (Mr. Freilich and Mr. Moore appeared for today's attorney-client session telephonically) . Commissioner Spehar excused herself from the closed session. OPEN SESSION During the open session oftoday's meeting, motion was made by Commissioner Nelson and seconded by Commissioner Neugent authorizing legal staff to file a Writ of Prohibition in the Galleon Bay Corporation v. Monroe County matter. Motion carried unanimously, with Commissioner Spehar not present. 02/21/2006 2006/47 Commissioner Spehar entered the meeting room and took her seat. Motion was made by Commissioner Rice and seconded by Commissioner Nelson authorizing the hiring of expert witnesses in the Collins matter. Roll call vote was unanimous. PUBLIC HEARING The first of two required Public Hearings was held concerning an Ordinance adopting an Interim Development Ordinance deferring the acceptance of applications for allocation of building permits under the residential Rate of Growth Ordinance (ROGO) until the Land Development Regulations to implement Goal 105 of the 2010 Comprehensive Plan, the Tier Overlay System and the Tier Overlay District Maps are in effect or until July 14,2006, which begins a ROGO quarter, whichever comes first. There was no public input. Assistant County Attorney, Bob Shillinger addressed the Board. (The second of two required Public Hearings for this item is scheduled for the March 15,2006 Board meeting at the Marathon Government Center @ 5:00 P.M. 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 Jh~c .f),,~adh- Isabel C. DeSantis, Deputy Clerk