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Item T12 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary ADD ON Meeting Date 6/16/04 Division County Attorney AGENDA ITEM WORDING Approval of settlement agreement in CD! Investments, Inc. d/b/a Sombrero Resort and Lighthouse Marina v. Monroe County, DOAH, 04-1450. ITEM BACKGROUND Sombrero Resort filed a petition challenging its solid waste assessment. Sombrero Resort contends that approximately two thirds of its units are used as transient units, not residential and, hence, should not be subject to the non-ad valorem residential assessment but should be considered commercial units instead. The petition is being defended by the Property Appraiser's attorney John Dent since the County Attorney's office represents the Board, which is the final arbiter of the dispute. Mr. Dent advises that upon further investigation the petitioner's analysis is correct and recommends conceding the issue with respect to those units only. This item is being added on because the above-stated conclusions were reached after the agenda deadline. A DOAH hearing officer, who was retained to serve as the Board's hearing officer and make recommended order to the Board, has scheduled the matter to be heard on Tuesday, June 22, 2004. PREVIOUS RELEVANT BOCC ACTION On March 17, 2004, the Board approved referring the matter to a DOAH hearing officer. . CONTRACT I AGREEMENT CHANGES STAFF RECOMMENDATIONS Approval TOTAL COST BUDGETED Yes No COST TO COUNTY SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing! Risk Management! DIVISION DIRECTORAPPROVAL~~ o~/I.LoL JOHN R. COLLINS ' DOCUMENTATION: Included! To Follow ! Not Required! 'I Q AGENDA ITEM #