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C. County Attorney BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/25/06 Special Meeting Division: County Attorney Bulk Item: Yes No --X- Department: County Attorney Staff Contact Person: Jeny D. Sanders AGENDA ITEM WORDING: Request for authorization to continue the hearing of Florida Kevs Citizens Coalition and Last Stand v. Department of Communitv Affairs and Monroe Countv. FL. Case No. DOAH 06-2449GM. ITEM BACKGROUND: Two environmental groups, Florida Keys Citizens Coalition and Last Stand, have challenged the Department of Community Affair's approval of five (5) Monroe County Ordinances implementing the Tier System. The matter is set to go to final hearing on Thursday, September 28 through Tuesday October 3rd Pursuant to direction from the Commission, staff has explored settlement options and believes they will have negotiated a settlement agreement that should be acceptable to all parties prior to the start of the hearing on Thursday. If this week's hearing is continued and the settlement efforts prove unsuccessful, a new hearing date would not be available until 2007. PREVIOUS RELEVANT BOCC ACTION: On 3/15/2006 BOCC approved Ordinances 008-2006, 009-2006, 010-2006, 011-2006 and 013-2006. On 7/19/06 BOCC directed staff to vigorously defend the Challenge and declined to implement any moratoria pending the challenge. On 9/6/06, the Board directed staff to explore settlement options as well as to continue to prepare for the hearing. CONTRACVAGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ ;-JZ Y ATTORNEY DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included _ Not Required X DlSPosmON: Revised 2/05 AGENDA ITEM # ~ . i