Item S7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/19/2008 - KL Division: County Attorney
Bulk Item: Yes No xx Staff Contact Person: Bob Shillinger x3470
AGENDA ITEM WORDING:
Approval to schedule and advertise a Special Meeting for December
3, 2008, at 10:00 a.m. in Key West for the purpose of holding: 1) an Attorney-Client closed session of
the Board of County Commissioners in the matter of Department of Community Affairs v. Monroe
County, et al, DOAH 08-2035 and 2) a public hearing on a compliance agreement in that same matter.
ITEM BACKGROUND:
When the Department of Community Affairs’ rejected a portion of the
County’s proposed amendments to the comprehensive plan with respect to the working waterfront, a
statutorily required administrative proceeding was automatically triggered. County staff and the
Department parties, with the participation of several intervenors, have been working diligently to
resolve their differences in lieu of resolving these matters through an administrative hearing. That
hearing is scheduled to start on December 16, 2008, prior to the next BOCC meeting.
At this writing, it appears that the parties are close to reaching a settlement agreement. Florida Statute
section 286.011(8) allows the Board to meet in closed session with the Administration and its attorneys
to discuss the proposed settlement agreement. The subject matter of the closed session shall be
confined to settlement negotiations or strategy sessions related to litigation expenditures.
Florida Statute section 163.3184(16)(c) authorizes the County to enter into a settlement agreement
known as a compliance agreement to resolve this administrative challenge. The statute requires a
public hearing advertised in an appropriate newspaper at least 10 days in advance of that hearing. The
rd
December 3 date allows for the ad to be placed and published in time to satisfy the statute. The
public hearing would follow the closed session.
Present at the meeting will be the Commissioners, County Administrator Roman Gastesi, County
Attorney Suzanne Hutton, Assistant County Attorneys Bob Shillinger, Susan Grimsley, and Derek
Howard, and a certified court reporter.
.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: BUDGETED:
$200 Yes X No _____
COST TO COUNTY:SOURCE OF FUNDS: _____________
$200
REVENUE PRODUCING:AMOUNT PER MONTHYear ____
Yes No xx
APPROVED BY:
County Atty xx OMB/Purchasing Risk Management ____
DOCUMENTATION:
Included Not Required X
DISPOSITION:AGENDA ITEM #
Revised 2/05