Item L2* 1:30 P.M. CLOSED SESSION *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/21/15 — MAR Division: County Attorney
Bulk Item: Yes No XX Staff Contact: Bob Shillinger, 292-3470
AGENDA ITEM WORDING: An Attorney -Client Closed Session in the matter of Board of County
Commissioners of Monroe County v. Rockland Investment Corporation, Inc., Case No. CA-K-15-717.
ITEM BACKGROUND: Per F.S. 286.011(8), the subject matter of the meeting shall be confined to
settlement negotiations or strategy sessions related to litigation expenditures.
Present at the meeting will be the Commissioners, County Administrator Roman Gastesi, County
Attorney Bob Shillinger, Assistant County Attorneys Chris Ambrosio and Pedro Mercado, and a
certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
9/16/15 BOCC scheduled Closed Session for 10/21/15 at 1:30 p.m. in Marathon, FL or as soon
thereafter as may be heard
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
N/A
TOTAL COST: Court Reporter costs INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: Court Reporter costs SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year
APPROVED BY: County Atty X
DOCUMENTATION: Included
DISPOSITION:
Revised 7/09
OMB/Purchasing Risk Management
Not Required X
AGENDA ITEM #
County of Monroe
The Florida Keys
Robert B. Shillinger, County Attorney"
Pedro J. Mercado, Assistant County Attorney **
Cynthia L. Hall, Assistant County Attorney **
Christine Limbert-Barrows, Assistant County Attorney **
Derek V. Howard, Assistant County Attorney**
Steven T. Williams, Assistant County Attorney**
Peter H. Morris, Assistant County Attorney
Patricia Eables, Assistant County Attorney
Chris Ambrosio, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
June 6, 2017
Kevin Madok, Clerk of the Circuit Court
Sixteenth Judicial Circuit, State of Florida
Monroe County Courthouse
500 Whitehead Street
Key West, FL 33040
BOARD OF COUNTY
COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
Office of the County Attorney
1111 12`h Street, Suite 408
Key West, FL 33040
(305) 292-3470 — Phone
(305) 292-3516 — Fax
In Re: Board of County Commissioners of Monroe County v. Rockland Investment
Corporation, Inc., Case No.: CA-K-15-717
Dear Mr. Madok:
Please find enclosed herewith the transcript of the October 21, 2015 closed attorney/client
session of the Monroe County Board of County Commissioners regarding the above -
referenced matter. Under F.S. 286.011(8), the transcript may be part of the public record
because the litigation has concluded.
Thank you for your assistance with this matter. Please contact me should you have any
questions.
Sincerely,
R /bert . Shillinger
Monroe County Attorney
Enclosure
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
ORIGINAL
CLOSED SESSION
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
vs.
ROCKLAND INVESTMENT CORPORATION, INC.
CASE NO. CA-K-15-717
APPEARANCES:
Mayor Danny L. Kolhage
Commissioner Sylvia J. Murphy
Commissioner Heather Carruthers
Commissioner David P. Rice
Commissioner George Neugent
Roman Gastesi, County Administrator
Robert B. Shillinger, County Attorney
Pedro J. Mercado, Assistant County Attorney
Chris Ambrosio, Assistant County Attorney
Monroe County Government Center
2798 Overseas Highway
Marathon, Florida 33050
Wednesday, October 21, 2015
1:57 p.m. - 2:18 p.m.
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(WHEREUPON, the following proceedings were had on
October 21, 2015 at 1:57 p.m., with all parties present:)
THE CLERK: Next item is L-2. An attorney -client
closed session in the matter of Board of County
Commissioners of Monroe County vs. Rockland Investment
Corporation, Inc., Case Number CA-K-15-717.
MR. SHILLINGER: All right. We've asked for an
attorney -client closed session in this case under the
statute. It's estimated this discussion will take
approximately 20 minutes. The persons attending will be
the County Commissioners, the Administrator, myself,
Assistant County Attorneys Chris Ambrosio and Pedro
Mercado, and a certified court reporter.
By the law, no other person can be present. So
as we go into closed session, the folks mentioned will stay
in the room, as well as the court reporter. Everybody else
will be required to leave the room. So, Mr. Mayor, will
you close the open session.
MAYOR KOLHAGE: The open session of the Board of
County Commissioners is now closed.
(Beginning of closed session.)
MR. SHILLINGER: All right. Calling the closed
session to order.
MAYOR KOLHAGE: The closed session is now called
to order.
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MR. SHILLINGER: All right. For the record, this
meeting is being held upon my request, announced at a prior
meeting on September 16th, 2015, that I needed your advice
in this case, County vs. Rockland Investment Corporation,
Case Number CA-K-15-717. At that meeting, the Board
approved holding the closed session. The public notice was
given through the announcement on that day, as well as
publication of today's agenda on the County's website.
For the record and benefit of the court reporter,
each of us will state our name and position, starting with
the Commission.
COMMISSIONER MURPHY: Sylvia Murphy, District 5.
COMMISSIONER CARRUTHERS: Heather Carruthers,
District 3.
MAYOR KOLHAGE: Danny Kolhage, District 1.
COMMISSIONER RICE: David Rice, District 4.
COMMISSIONER NEUGENT: George Neugent, District 2.
MR. GASTESI: Roman Gastesi, County
Administrator.
MR. SHILLINGER: Bob Shillinger, County Attorney.
MR. AMBROSIO: Chris Ambrosio, Assistant County
Attorney.
Attorney.
MR. MERCADO: Pedro Mercado, Assistant County
MR. SHILLINGER: All right. Just a reminder,
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we're only talking settlement negotiations and strategy
relating to litigation expenditures. We can't take any
decisive action. We can provide information to the
attorneys. Any decisions you make must be done at a
meeting that's open to the public.
So this is the case involving a declaratory
judgment action that we filed to try and get the Court to
establish with certainty, our easement to the Rockland Key
property. Some background, the County bought this property
2005 for future use as a Public Works yard. Chris and
Pedro can give you the details on the easement, but it was
a 50-foot easement, there was no specificity. The artwork
that's up on the slide shows the aerial. The easement is
our best understanding of -- the green line to it is the
description.
The County basically sat on this property for a
number of years. There were some right-of-way improvements
made or infrastructure improvements made, but they weren't
completed. And I'll turn it over to the guys that have
been working on the case to tell us where we are now.
COMMISSIONER CARRUTHERS: Well, before you do
that, tell me what's in the blue box. Is that the City
Transfer Station?
MR. SHILLINGER: The City's in the red box.
COMMISSIONER CARRUTHERS: In the red box.
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MAYOR KOLHAGE: In the box.
MR. SHILLINGER: Yeah.
COMMISSIONER CARRUTHERS: So where is the
proposed development?
MR. SHILLINGER: The proposed development from --
COMMISSIONER CARRUTHERS: Rockland.
MR. SHILLINGER: -- Rockland?
MR. AMBROSIO: Just above the word "easement."
COMMISSIONER CARRUTHERS: Oh, that's what I
thought.
MR. SHILLINGER: Yeah. Our easement would go
through the middle of their center.
COMMISSIONER MURPHY: So the development is not
above the word "easement," it's right in the middle of it?
COMMISSIONER CARRUTHERS: It's above and below,
yeah.
MR. SHILLINGER: Yes.
COMMISSIONER CARRUTHERS: How does the City get
to the Transfer Station, would they use the same easement?
MR. SHILLINGER: No.
COMMISSIONER CARRUTHERS: Would they go the other
way?
COMMISSIONER MURPHY: Oh.
MR. MERCADO: There's actually a road to the
north of the City Transfer property that goes east -west,
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There
COMMISSIONER MURPHY: That's a terrible map. It
doesn't tell you anything. Sorry.
MR. SHILLINGER: At any rate, we filed suit to
attempt to get the seller of the property, Rockland
Investment Corp., Steve Henson, to give us a defined
easement with some certainty. He raised the defense of
statute of limitations because the contract had been --
again, 2005, we were more than five years beyond the
contract. And the Court, in its first ruling on the case,
granted his motion to dismiss on the grounds of statute of
limitations. So we're at the position of, do we amend and
try and litigate further, or do we let this case go and
then try and figure something else out with the property.
So I'll let Chris give you the details of where we are.
MR. AMBROSIO: That's right. We filed a
declaratory judgment action and in an unusual but a
permissible ruling the Court can, based on review of the
documents that are attached to the complaint, may dismiss
or at least grant the motion to dismiss based on the
statute of limitations application. And that would be for
two purposes. One, for a request for specific performance.
That would be the County asking for Rockland to perform
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exactly the way that the agreement stated, which is provide
us with this particular -- an easement with these
particular improvements.
The Court decided we're not entitled to that,
statute of limitations ran, you're not entitled to specific
performance. It also determined, based on the statute of
limitations, that failure to bring the suit, not even
specific performance but the failure to bring the suit
basically barred our request for the Court to make a
determination as to what our entitlement is with regards to
the easement.
So based on that very strict ruling, we can't get
to either of those. We're barred, time barred as a matter
of law. So we can't have the Court make a determination
for us in terms of what our easement is, what our rights
are, or what we're entitled to. And we can't ask for the
Court to compel the Rockland group to specifically perform
as the contract calls for. That's where we stand right
��
So, technically, an order has been entered where
we are -- where our action has been dismissed without
prejudice with leave to amend within 15 days. We still
have a few more days left on that.
COMMISSIONER NEUGENT: So we've got a piece of
property that we can't get to?
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MR. AMBROSIO: Well, we can get to it because the
easement is a proper access easement and we do have access.
We haven't been prevented from accessing, ingress and
egress to our properties. And that's what the easement
technically is, it's just an access easement, a use
easement.
COMMISSIONER NEUGENT: So what's our argument?
We're arguing that --
MR. AMBROSIO: They've failed to provide us with
the improvements, the infrastructure improvements which
were contracted for on that easement, meaning paved road,
gutter, utilities installations. All of those improvements
to the access easement that you see in green haven't been
made.
COMMISSIONER CARRUTHERS: Have we been using the
road? We've been using it anyway?
MR. SHILLINGER: We can move equipment in and
out. But the idea was to put a Public Works facility, a
project management facility that you would have civilian
cars, not just contractor vehicles or construction
equipment going in and out, and we were looking for some
certainty as to, pave the road, or at least so that we
could use it for that purpose.
COMMISSIONER NEUGENT: Who did we think had the
obligation to pave the road?
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COMMISSIONER CARRUTHERS: Steve Henson.
MR. SHILLINGER: Steve Henson.
COMMISSIONER MURPHY: That was the agreement.
MR. SHILLINGER: Right.
COMMISSIONER MURPHY: But, okay, what is left of
this development that they need from us?
MR. SHILLINGER: I'm not sure I understand the
question.
COMMISSIONER MURPHY: Do we not have a quid pro
quo here?
MR. MERCADO: Well, they were required to put the
infrastructure in, and then we were committed to a portion
of the infrastructure costs up to a maximum of 165,000.
And what actually got this started was when they actually
billed us for a portion of that work and then we started
looking at it and found that the work hadn't been
completed.
COMMISSIONER CARRUTHERS: So they billed us for
work they didn't do?
MR. MERCADO: They billed us -- originally, they
billed us for all the work, and then went back and actually
subtracted out the work that hadn't been done. There is a
water -- a waterline has been put in, there's some electric
line that's been put in, although the permits haven't been
closed out on them. The road work, other than the grading
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of the road, has not been done.
MR. SHILLINGER: We haven't paid that amount.
MR. MERCADO: Right.
MR. SHILLINGER: Don't get me wrong. We haven't
paid the invoice that they submitted because we were at
loggerheads over getting the work done.
MAYOR KOLHAGE: Do we have good title to the
easement?
MR. SHILLINGER: We have a defined easement in
terms of up to 50 feet.
MR. AMBROSIO: Right.
MR. SHILLINGER: But it's not defined with
specificity.
MR. AMBROSIO: Right. Mayor, we don't have title
to the easement. Essentially what we have is a property
interest right, and so we never have ownership, we never
have title to the easement itself.
MAYOR KOLHAGE: And you're talking about a right
by usage?
MR. AMBROSIO: Exactly right.
MAYOR KOLHAGE: Okay.
MR. AMBROSIO: Right.
MAYOR KOLHAGE: So --
MR. AMBROSIO: And what was planned, according to
the documents, these contracts, what seemed to be agreed
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upon was going to be improvements were going to be made, an
easement was going to be deeded to the County. So there
was a whole extra step that was going to occur and, of
course, none of that occurred. The improvements didn't
occur and then it never got deeded to the County.
COMMISSIONER NEUGENT: And that's what they're
saying the statute of limitations ran out on?
MR. AMBROSIO: Yeah. We can't get to any of that
because we're barred.
MAYOR KOLHAGE: Ail right. But what I'm going to
ask or what I'm curious about now is, do we have to do
something to perfect that easement that you say we have by
our usage?
COMMISSIONER MURPHY: Huh? What do you mean,
Danny.
MR. AMBROSIO: Technically, we don't have to
because we have a recorded easement agreement, so we have
that.
MAYOR KOLHAGE: Right. And the reason I'm asking
all these questions is, and I may have heard something that
Commissioner Murphy heard. Was someone asking us to move
this or in some way abandon our right to this? Was there
something --
MR. MERCADO: Are you talking about the easement?
COMMISSIONER CARRUTHERS: Wait. Isn't there --
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there's like -- this is like a three-way deal because
Henson is trying to get this over to Garfunkle for this.
COMMISSIONER MURPHY: Uh-huh.
MAYOR KOLHAGE: Yes.
COMMISSIONER CARRUTHERS: So, and Garfunkle is
probably saying, I don't want to pay for this easement and
I don't want trucks going through my property, so.
MR. SHILLINGER: And our lis pendens is holding
up their deal.
COMMISSIONER CARRUTHERS: Exactly.
MR. MERCADO: The agreement, the original
agreement that was signed also had a stipulation in it that
the easement could be moved at the grantor's cost, so it
can be moved.
MAYOR KOLHAGE: Well, I'll tell you, you know,
this is crying over spilled milk, but we did not follow up
on that transaction.
MR. MERCADO: That's correct.
MAYOR KOLHAGE: The initial transaction.
MR. MARCADO: Yes, sir. Yes, Mr. Mayor.
MAYOR KOLHAGE: There's a lot of stuff we didn't
do, we should have done.
MR. SHILLINGER: Yes.
MR. AMBROSIO: Let me --
MAYOR KOLHAGE: But too late for that now.
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MR. AMBROSIO: Let me advise you also to keep in
mind that the lis pendens will automatically be dissolved
if our action is dismissed with permanency. So if we do
not amend, you can expect that the 15 days will expire and
that Rockland's counsel will file for a motion for final
judgment based on our failure to not amend. And upon entry
of that final judgment, our lis pendens will automatically
be dissolved.
If we proceed with an amended complaint, and
again, we're struggling to figure out how we can justify an
amended complaint at this point with the documents we're
working with, then the lis pendens will still carry on.
But any time this case gets dismissed or if we fail to
amend, we're going to lose the lis pendens effect as well.
MAYOR KOLHAGE: Yes, but you're telling us that
we have no basis. The Court's already precluded us from
that, so what's the point of doing that?
MR. AMBROSIO: That's part of the struggle.
MR. SHILLINGER: That's our recommended -- yeah,
we're not recommending litigating any further. We just --
but we wanted to come and talk to you about this and advise
you of that.
MAYOR KOLHAGE: Okay. Going back to this other
discussion.
COMMISSIONER CARRUTHERS: Yeah.
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MAYOR KOLHAGE: Are we in a position where if we
hold tight, these folks are going to have to come to the
County for some resolution of their issue?
MR. SHILLINGER: When you say if we hold tight.
MAYOR KOLHAGE: Yeah.
MR. SHILLINGER: Do you mean if we continue to
litigate or do you mean if --
MAYOR KOLHAGE: No, no.
COMMISSIONER MURPHY: No.
COMMISSIONER CARRUTHERS: No, no.
MAYOR KOLHAGE: Just continue to use the
easement.
MR. SHILLINGER: Yes. At some point, somebody is
going to have to address our concerns about how we're going
to grant, you know, gain use to this property.
COMMISSIONER MURPHY: Good.
MR. SHILLINGER: The other option, and we've had
some preliminary discussions with Kevin and Doug, is to
explore getting rid of the property, putting it -- selling
it, marketing it.
COMMISSIONER NEUGENT: Explain to me, where does
Garfunkle come into this?
COMMISSIONER CARRUTHERS: The easement goes
through his property.
MR. SHILLINGER: It goes through the property he
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wants to buy.
COMMISSIONER NEUGENT: But that's a dedicated
easement.
MAYOR KOLHAGE: This is what --
COMMISSIONER CARRUTHERS: But the dedicated
easement belongs to Henson -- well, to -- it's between us
and Henson.
COMMISSIONER NEUGENT: Right.
COMMISSIONER CARRUTHERS: And Henson wants to
sell it to Garfunkle, who won't -- who wants to have it
because he wants it to be part of his property, but he
doesn't want to have to pay for any improvement, right?
COMMISSIONER NEUGENT: Who owns the property that
Garfunkle wants to buy?
MR. SHILLINGER: Henson.
MR. MERCADO: Henson.
MAYOR KOLHAGE: Henson.
MR. SHILLINGER: Rockland Investments, but yeah,
he's the --
COMMISSIONER NEUGENT: Well, and now I'm getting,
I think I'm getting what Danny is saying. If we hold
tight, somebody's got to come to us --
COMMISSIONER CARRUTHERS: Yeah.
COMMISSIONER NEUGENT: -- to deal out to get to
that property.
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COMMISSIONER CARRUTHERS: Do we have any reason,
can we --
MR. AMBROSIO: But there's one little loophole.
COMMISSIONER MURPHY: All right. Hold on.
MR. AMBROSIO: There's one little loophole to
that, and that is that the document allows for the grantor,
as Pedro mentioned before, it allows for the grantor to
move the easement. And the language is, move the easement
from time to time.
COMMISSIONER MURPHY: Who is the grantor?
MR. AMBROSIO: It's Henson.
MR. SHILLINGER: Henson.
COMMISSIONER MURPHY: Henson, okay.
MAYOR KOLHAGE: Okay. But is that not subject to
some standards of reasonableness?
MR. AMBROSIO: Yes, that will be. That will be.
MAYOR KOLHAGE: Of course.
MR. AMBROSIO: That will be. But his argument
would be --
MAYOR KOLHAGE: And where else is he going to put
it that makes sense?
MR. SHILLINGER: Right. I mean, there are
potential other uses of the property. We really can't get
into that in the closed session. But you're right, if we
continue to use the property, at some point, someone is
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going to have a conversation with you in your capacity as
the owners of that property --
COMMISSIONER MURPHY: Uh-huh.
MR. SHILLINGER: -- as to how you're going to
access that through whatever development comes, if it ever
does come.
COMMISSIONER NEUGENT: Well, and I would --
here's my concern. Since we cow -tie to everybody that
wants to put us to our knees, what position are we going to
take to say that -- do we have to, are we forced to be
reasonable in providing him access to that property?
MR. SHILLINGER: We want to have access to our
property.
COMMISSIONER MURPHY: Yeah, it's our property.
MR. SHILLINGER: We need to be --
COMMISSIONER NEUGENT: But Garfunkle needs that
same access, right? That easement to get to his property?
MR. MERCADO: No, sir.
MAYOR KOLHAGE: He doesn't want it.
MR. MERCADO: Right. That Garfunkle is strictly
for our benefit -- excuse me. The easement is strictly for
the County's benefit to access its property. And if, if
the easement in its current location isn't convenient as
far Garfunkle's development, then obviously he's going to
move it. So the placement of the easement isn't a critical
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concern for him. The placement of our property is probably
more critical.
COMMISSIONER NEUGENT: Right.
COMMISSIONER MURPHY: What a shame.
COMMISSIONER NEUGENT: So he could not --
MAYOR KOLHAGE: He could not --
COMMISSIONER NEUGENT: -- deny us access.
MAYOR KOLHAGE: -- deny us access to that
property.
COMMISSIONER NEUGENT: Right.
MAYOR KOLHAGE: That's fundamental.
COMMISSIONER CARRUTHERS: That's so that hHe can
move the easement from time to time and --
COMMISSIONER NEUGENT: Where do you put the
easement to?
COMMISSIONER CARRUTHERS: Well, he could maybe
move it north, right? Just follow that road along the
curve and go north and cut over.
MAYOR KOLHAGE: Sure, but that's not what he's
going to want to do.
MR. SHILLINGER: He may have a need for that
property at some point. So holding tight -- I mean, he may
need extra parking. He may not want, for example, us to,
if we can't find a good use for it, to expand the FKAA
sewer plant that's below it or the City's Transfer Station
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that's to the east of it, he may find that a little noxious
before his -- you know, next to his site, so.
MAYOR KOLHAGE: He's got a lot of little
obnoxious issues to deal with.
MR. SHILLINGER: He's got to deal with it.
MAYOR KOLHAGE: But, you know, let's get back to
the issue before us.
COMMISSIONER MURPHY: To just wait for him to
need something.
MR. SHILLINGER: Right. So the issue is, we're
not recommending going further, but we wanted to talk to
you about that before we made that decision with finality.
COMMISSIONER CARRUTHERS: So if we don't go any
further, what happens? In 15 days this is --
MR. SHILLINGER: This case gets dissolved, it
gets dismissed.
COMMISSIONER CARRUTHERS: And we still can drive
our trucks over the --
MR. SHILLINGER: Our lis pendens goes away so it
makes it easier for Henson to consummate his deal with
Garfunkle. But he still has to deal with providing us
access in the course of that, but he doesn't have the cloud
over the title that the lawsuit created.
MAYOR KOLHAGE: Which you're telling us we can't
support anyway.
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MR. AMBROSIO: Right.
MR. MERCADO: Right.
MR. SHILLINGER: So we took a -- this was a long
shot when we started it. We took our best shot and we got
an answer that --
COMMISSIONER NEUGENT: So, Bob, what are we going
to -- or, maybe the question isn't to Bob. What need do we
have for this property anymore?
MR. SHILLINGER: That's a -- that's more of a
policy question for Kevin and Doug. They were talking
about they're using it right now for storage of materials
and --
MR. MERCADO: Surplus vehicles.
MR. SHILLINGER: -- surplus vehicles. It may not
be as useful as they originally thought. They were going
to put the Public Works and project management and those
facilities there.
COMMISSIONER NEUGENT: Oh, I know exactly how
that unfolded, but I'm curious now that we're not doing
that.
MR. SHILLINGER: It may become excess.
COMMISSIONER NEUGENT: And you've got the
Aqueduct Authority's sewer plant right there.
MR. SHILLINGER: Right. And the Aqueduct has
indicated they want like another 80 or 100 feet into where
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we were going to build. So there's opportunities to make
use of the property.
MAYOR KOLHAGE: Okay. Then that raises another
question in my mind, which I hope will be the last
question. If the County were to convey this, would our --
if we were to convey, surplus the property and convey it to
someone else, would our rights to the easement go along
with it?
MR. SHILLINGER: Yes. It's not a personal right,
it's a right to the property.
COMMISSIONER MURPHY: Right.
MAYOR KOLHAGE: Okay.
MR. MERCADO: Right.
MR. SHILLINGER: Such as they are.
COMMISSIONER CARRUTHERS: Why don't we put the
gasification plant there, right next to the Transfer
Station.
MR. AMBROSIO: Let it go downwind?
COMMISSIONER CARRUTHERS: Yeah, downwind.
MR. MERCADO: Uh-huh.
COMMISSIONER NEUGENT: That makes way too much
sense.
MR. SHILLINGER: All right. So, Mr. Mayor,
without any further questions, we'll declare the closed
session closed?
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MAYOR KOLHAGE: Okay. The closed session on this
particular closed session is closed.
(Closed session concluded at 2:18 p.m.)
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A
CERTIFICATE OF REPORTER
STATE OF FLORIDA )
COUNTY OF MONROE )
I, Suzanne Ex, Certified Verbatim Reporter and
Florida Professional Reporter, do HEREBY CERTIFY that I was
authorized to and did report the foregoing proceedings; and
that the transcript, pages 1 through 22 are a true and
correct record of my notes.
I further certify that I am not a relative,
employee, attorney, or counsel of any of the parties, nor
am I a relative or employee of any of the parties'
attorneys or counsel connected with the action, nor am I
financially interested in the action.
Dated this 27th day of October, 2015.
Suza Ex, CVR-M, rTkR
Certi ied Verbatim Reporter
Florida Professional Reporter
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