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.
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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.
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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
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