Item R5
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
November 17, 2004
Division
County Attorney
AGENDA ITEM WORDING
Presentation of Defendant's Molasses Reef Marina Corp.'s settlement offer in Code Enforcement Case
U9-02-649.
ITEM BACKGROUND
Molasses Reef Marina Corp:
On 4/23/04, the Code Enforcement Special Master imposed a daily fine of $250.00 against
Molasses Reef Marina Corp. property on Key Largo for converting a houseboat into an office
with bathroom without planning department approval or a permit. The property was
brought into compliance on 7/26/04. On 9/26/04, the Special Master authorized the
initiation of collection proceedings for the outstanding fines and costs which total $29,350.
Molasses Reef Marina Corp. has offered to settle this case for $100.00. Molasses Reef's
position is summarized in the attached letter.
PREVIOUS RELEVANT BOCC AcnON.
BOCC authorized collection proceedings on June 18, 2003.
CONTRACT/AGREEMENT CHANGES n/a
STAFF RECOMMENDATIONS -- Accept settlement offer.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY SOURCE OF FUNDS
APPROVED BY: County Attomey _ OMB/Purchasing Risk Management
DIVlSION DIRECTOR APPROVAL(1~ ~(,~~'f
':~HN R. COlUNS
DOCUMENTATION:
Included xx
To Follow
Not Required!
AGENDA ITEM II
l?-5'
MOLASSES REEF MARINA CORP.
1550 Ocean Bay Drive
Key Largo. Fl. 33031
(305) 469-3660
RECEIVED
OCT 1 5 2004
.1
10-1-04
MONROE COUNTY ATTORNEY
Robert Shillinger, Jr.
Assistant County Attorney
Monroe County Attomey's Office
'P.O. Box 1026
Key West, PI. 33041-1026
Dear Mr. Shillinger:
As per CASE # CE03040218. we are requesting that you present our .settlement offer to
the County Commission. at the meeting currently scheduled for Wednesday. November
17th, 2004 in Key Largo. Without admitting guilt, we are willing to pay the County's
administrative costs in this case if the County Commission agrees to drop the case,
related fines and penalties.
. In January 2004. we agreed to apply for the pennits necessary move the marina
office I bathroom trailer from the site that County officials considered an
inappropriate location to a location that both sides agreed was appropriate. The
removal of said Stnlcture from said site would resolve the ~ode enforcement case.
. We worked with County Building officials over the next few months to complete
the application (we re-submitted the application several times with modifications
and the additional information that was requested by County Building officials).
. In April 2004, the County issued a permit for the marina to rebuild it's electrical
system. This permit was requested .AFI'ER the trailer movement permb: was
requested, but issued BEFORE the trailer movement permit was issued.
. The electrical contractor delivered the parts aBd. supply trailer to the marina in
early May 2004 (to the same location, the only location, agreed by the County
where the existing marina office I bathroom trailer could be'placed).
. In May 2004, a few days after the electrical trailer was delivel"ed. the County
issued the permit to move (remove) the marina office I bathroom trailer.
. At the end of May 2004. the marina sent it's dockmaster to the code enforcement
hearing to explain the situation. When our case was called, he tried to speak on
our behalf. However, he was refused permission to speak without a letter of
authorization (we did not know he would need a letter of authorization). The
Special Master decided to impose,fines.
. When the electrical work was completed in June 2004, and the electrical trailer
was removed, we moved the marina office I bathroom trailer from the siw cited
by code enforcement.
. Code enforcement was contacted and they verified that the marina was in
compliance.
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