Item F4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
'q
Meeting Date: APril~, 2001 Division: County Attornev
Bulk Item: Yes_
No.lL
Department: Growth Manaqement
AGENDA ITEM WORDING: Proposed settlement agreement for Taxpayers for the
Electrification of No Name Key, Inc., et al. v. Monroe County and City Electric
System, Case No. 99-819-CA-18 (Fla. 16th Cir. Ct.), allowing for the extension of
commercial electric service to the existing lawfully constructed homes on No Name
Key.
ITEM BACKGROUND: In 1999, Plaintiffs filed suit against Monroe County and
CES seeking a declaratory judgment that Monroe County's Comp Plan policies
discouraging the extension of commercial electric service are arbitrary and
capricious because the use of gas generators and batteries actually creates greater
adverse impacts on Key Deer and the environment by causing noise and air
pollution, storage of hazardous materials and greater traffic impacts. Also seeking
vested rights based on requirement to wire homes for electric service. The
proposed settlement agreement was drafted pursuant to court-ordered mediation.
PREVIOUS RELEVANT BOCC ACTION: None.
STAFF RECOMMENDATION: Approval proposed settlement agreement.
TOTAL COST: NONE
BUDGETED: Yes
No
Cost to County: NONE
APPROVED BY: County Attorney ~ OMB/Purchasi g _ Risk M nagement
f
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ~
To Follow Not Required
AGENDA ITEM# .1- F L
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DISPOSITION:
IN THE cmcurr COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
TAXPAYERS FOR TIIE ELECTRIFICATION
OF NO NAME KEY, INC., et ai.
Plaintiffs,
v_
CASE NO. 99-819-CA-18
Honorable Judge Sandra Taylor
MONROE COUNTY, a political subdivision
of the State of Florida, and CITY ELECTRIC
SERVICE,
Defendants.
'1
REPORT OF COURT ORDERED MEDIATION
...
A mediation was held at the law offices of Morgan & Hendrick, 317 Whitehead Street,
Key West, F133040 on March 27Cb, 2001 at IO:OOaro. The mediation was conducted by David P.
Kirwin. Present for the plaintiffs were Franklin D. Greenman, attorney for Taxpayers fOT
Electrification of No Name Key, Inc. and who represented that he was authorized to execute a
settlement stipulation on behalf of the named plaintiffs who did not personally appear, and the
individual owners of property on NoName Key who are named plaintiffs, David Eaken,
representing Robert and Ruth Eaken, individual, property owners and Karen Jeanneret-
Druckman, representing herself and Muriel ;Druckman, co-owners of a home on No Name Key.
Present for the Defendants was Karen Cabanas, attorney for Monroe County. Nathan Eden,
attorney for Utility Board of City of Key West. Florida d/bla City Electric System also assisted,
In order to preserve and protect the existing cormmmity character and improve the quality
of life on No Name Key; to promote the existing growth management goals of Monroe County
as stated in the Monroe County Year 2010 Comprehensive Plan prohibiting new development on
No Name Key; and in order to avoid any unintended consequences that may result from a
judicial ruling on the issues in this case, the parties have reached a complete settlement of the
issues of this case, pending approval ofth.e Board of County Commissioners of Monroe County,
Florida and the Utility Board of the City of Key West, Florida d/b/a City Electric System.
The tenns oftms settlement are as follQws:
WHEREAS, homeowners on No Name Key are currently required to genf'nte their own
electricity. One method, used. by many qf these homeowners is through solar systems that
require large numbers of batteries that conlain hazardous waste. Anothe.t' alternative source of
energy - which is used. at least as a back-up source by virtually all No Name homeowners - are
generators that run on fossil fuel. This reqitires storage of such fossil fuels on the island and/or
frequent re- fueling trips on and off the island. In addition, these generators produce extensive
noise and air pollution.
WHEREAS. even with these alternative SOurce5 of energy, the amount of electricity
available to such homeowners is quite limited and., as a result, refrigerators are small, requiring
frequent trips to and from the island for basic provisions.
WHEREAS, the extension of commercial elecmc service to the existing lawfully
constructed residential dwellings on No Name Key will reduce vehi~ular trips to and from No
Name Key and reduce noise and air pollution caused by generator use, thus protecting the Key
Deer and other protected wildlife, enhancing the protection of the health and integrity of the
nearshore waters and marine habitats. as well as the smrounding Conservation Area.
THE PARTIES HEREBY AGREE AS FOLLOWS:
A. The "furnishing of commercial electric service to those previously existing and
lawfully constructed residential dwellings on No Name Key that desire to obtain such electricity
("Requested Electrification'') is consistent with the Monroe County Year 2010 Comprehensive
Plan. In parti~ar:
1. The furnishing of Requested ;Electrification will protect the Key Deer by reducing
vehicular trips, enhancing Key Deer habi~ and reducing secondary and cumulative negative
impacts (Goal 301, Objectives 103.1,207.7).
2. The furnishing of Requestc;d Electrification will reduce adverse impacts on
conservation lands by removal of fossil fuel:and ~azardous waste (Goal 209, Objective 801.5.5).
3. The furnishing of Requested, Electrification will preserve the health and integrity
of nearshore and marine habitats (Goals 203, 204).
4. The furnishing of Requested" Electrification will eliminate existing deficiencies in
public facilities (Objectives 1401.1, 1401.2):"
THEREFORE. Momoe County a~ to accept, process, and approve any otherwise
lawful application, and to take whatever actions as may be necessary, to aclrieve the goal of
providing the Requested Elec1rification, and to undertake no act inconsistent with this agreement.
B. The parties recognize that the existing growth management policies and
procedures provide sufficient safeguards ",gainst new development on No NaIIle Key. These
include but are not limited to ROGO allpcations. CBRS designation, purchase of available
conservation landp by local state and fedepU agencies, the Habitat Conservation Plan and the
existing moratoriums and policies prohibiting growth in the Big Pine and No Name K.ey areas,
and that nothing in this agreeme.nt shall adversely affect such policie5 and procedures.
C. Nothin,g in this agreement shall be construed or interpreted to authorize the
delivery of commercial electric service to" anyone other than those previously existing and
lawfully constructed residential dwellings on'No Name Key that desire to obtain such electricity.
D. 11lis agreement shall not be constmed to require any homeowner on No Name
Key to accept commercial electric service.
E. The Utility Board of the City of Key West, Florida d/b/a City Electric System
agrees that it shall provide Requested Electrification pursuant to their rules, policies and
procedures.
F. The parties shall abate the pending litigation pending final approval or rejection of
this agreement by the Board of County Commissioners and the Utility Board of the City of Key
West, Florida, which shall be placed on the agenda at the next available Marathon or Key West
meeting of the Board of County Commissioners and on the next available age.oda of the said
Utility Board.
G. The parties shall each bear their own attorney's fees and costs.
H. Facsimile signatures shall be accepted as original signatures for purposes of
executing this Agreement.
PASSED AND ADOPTED by the Board of County Commissioners ofMomoe County,
Florida at a meeting of the Board held on the day of . A-D.,
2001.
FOR MONROE COUNTY:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~
D EGAL "
BY
Attorney's Office
BY:
MAYOR, MONROE COUNTY
BY'
DAVIDR. (
FOR: ROBERT&RUnIEAKEN)
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RECElven VROK~3B52964~~1
P.84
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IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
MAX D, PUY ANIC, as Trustee
for Trust No, 201,
Plaintiff,
v.
CASE NO. CAP-00-601
COUNTY OF MONROE, a political
subdivision of the State of Florida,
and JOSEPH P ASKALIK, in his
official capacity as Building Official,
Defendants,
/
SETTLEMENT AGREEMENT
Plaintiff, Max D. Puyanic, as Trustee for Trust No, 201 ("Puyanic"), and Defendants, County
of Monroe, a political subdivision of the State of Florida ("Monroe County"), and JosephPaskalik, in
his capacity as Building Official ("Paskalik"), having amicably resolved their differences which gave
rise to the filing of this action, hereby agree to settle this matter upon the following terms and
conditions:
1, The Monroe County Building Official, Joseph Paskalik, shall promptly issue to
Plaintiff the building permits pending before the Monroe County Building Department for the
Tavernier Towne Shopping Center, upon payment of all applicable fees by Plaintiff
2. Plaintiff will prepare and submit to the Court a Notice of Voluntary Dismissal with
prejudice.
3. The parties will submit to the Court a Joint Stipulation and Proposed Order dismissing
this action but reserving to the Court jurisdiction to enforce the provisions of this Settlement
Agreement.
F. ~-
4, Except as expressly provided herein, each party waives any claim which is asserted, or
was capable of assertion, in this cause,
Witness
George Neugent, as Mayor for
Monroe County
(Print Name of Witness)
Dated:
Witness
Jopseph Paskalik, as Building Official for
Monroe County
(Print Name of Witness)
Dated:
Witness
Max D, Puyanic, as Trustee
For Trust No, 201
(print Name of Witness)
Dated:
L.JUA.~~ ~ rP Fl'I'A/ ~nt{
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