Item O12
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
8/18/04
Division
County Attorney
AGENDA ITEM WORDING
Presentation of settlement offer in Monroe County v. Mark Fraleigh.
ITEM BACKGROUND
Mark Fraleigh purchased the structures that encroach on the County's right-of-way on Card Sound
road last year for @ $125,000.00. The County had sued the prior owner and now Mr. Fraleigh to
remove the structures from the right-of-way. The structures consist of a stilt house, with boat
slips beneath, fencing, landscaping, a pavilion, decking, and dockage. Only a small portion of the
structures are located on the County's right-of-way. The balance is located over state owned
submerged lands.
Fraleigh has offered to convey the structures to the County and/or the state for public or
governmental use in exchange for a refund of his Investment. Staff has Identified a number of
arguments against acquiring the structures Including issues of consistency with the
comprehensive plan, structural Integrity questions, and sanitation Issues, to name just a few.
PREVIOUS RELEVANT BOCC ACTION
The Board authorized litigation In April of 2002. This settlement offer was discussed in a
preliminary manner at the July meeting. The Board directed staff to present the Board with
additional information at the August meeting In Key Largo.
CONTRACT/AGREEMENT CHANGES
STAFF RECOMMENDATIONS
Reject proposed settlement offer.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing! Risk Management!
DIVISION DIRECTOR APPROVAqoLk~ t)(/o3/o Y
JOHN R. COLUNS
DOCUMENTATION:
Included xxxxx
AGENDA ITEM # .0 \ cl--
STRATTON & FEINSTEIN, P.A.
email: douQlas@strattonfeinstein.com
DOUGLAS D. STRATTON, ESQ.
BRETT FEINSTEIN, ESQ.
DARRYL C. DUNGAN, ESQ.
407 Uncoln Road, Suite 2A
Miami Beach, FL 33139
Telephone (305) 672-7772
Toll Free (877) 464-7772
Facsimile (305) 672-1038
Of Counsel:
SUSAN TIFFANY, ESQ.
July 7,2004
Robert B. Shillinger, Jr.
Assistant County Attorney
P.O. Box 1026
Key West, FL 33041-1026
RE: MY CLIENT - MARK FRALEIGH
YOUR CLIENT - BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY
CIRCUIT COURT CASE, 16TH JUDICIAL CIRCUIT; CASE NO. CA-P03-647
MY FILE NO. 04-020
Dear Mr. Shillinger:
As we have discussed my client wants the property to go to some beneficial use. I had
suggested that you speak to the County Administrators and the County Mayor regarding the
County acquiring the property from my client to use as an adjunct to the boat ramp. There are
docks underneath the property and the property is fully weatherized so that it can be used both in
wet or dry weather. The County's Marine Patrol might want to use the facility to dock their boats
because this is at the northern end of their patrol range; it might provide a location for other
County agencies and to help in monitoring the boat ramp or to provide other services such as bait
and tackle, etc. It may be that the County along with the State would want to use it for police
purposes and share the expense with the State's Marine Patrol. As you are aware my client
acquired the property one year ago and is not looking to make a profit but merely to reach an
agreement that would be to the benefit of all parties. I will be out of town on vacation until July
16th. Please contact me after that date.
Sincerely,
DDS:bjp
RECEIVED
cc:
client
JUL 0 8 200~
MONROE COUN1Y A110RNEY