Item O13
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
ADD ON
Meeting Date
August 18, 2004
Division
County Attorney
AGENDA ITEM WORDING
Approval of resolution concerning the Settlement Agreement in the matter of CDI
Investments, Inc. d/b/a Sombrero Resort and Lighthouse Marina v. Monroe County.
ITEM BACKGROUND
On July 27, 2004, the Division of Administrative Hearings heard the petition of CDI
Investments, Inc. d/b/a Sombrero Resort and Lighthouse Marina challenging its
solid waste assessment.
PREVIOUS RELEVANT HOCC ACTION
On March 17, 2004 the BOCC referred this matter to the DOAH to conduct a hearing
on the merits of the petition.
CONTRACT I AGREEMENT CHANGES
STAFF RECOMMENDATIONS - Approval
TOTAL COST
BUDGETED Yes No
COST TO COUNTY SOURCE OF FUNDS
APPROVED BY: County Attorney _ OMB/Purchaslng Risk Management
DIVISION DIRECTOR APPROVAL(1~ o~I/1Ip1
'~ JOHN R. COLUNS
DOCUMENTATION:
Included XX
To Follow
Not Required
AGENDA ITEM #
0/2
Board of County Commissioners
RESOLUTION NO.
-2004
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA CONCERNING THE SETTLEMENT
AGREEMENT IN THE MATTER OF CDI INVESTMENTS, INC. d/b/a
SOMBRERO RESORT AND LIGHTHOUSE MARINA V. MONROE
COUNTY
WHEREAS, CDI Investments, Inc. d/b/a Sombrero Resort and Lighthouse
Marina filed a petition challenging its solid waste assessment on or about
December 12, 2003; and
WHEREAS, on March 17, 2004, the Board referred that matter to the
Division of Administrative Hearings to conduct a hearing on the merits of the
petition; and
WHEREAS, on June 16, 2004, the Board authorized counsel to execute a
settlement agreement, which resolved the issues in dispute with the Petitioner;
and
WHEREAS, on July 27, 2004, the Division of Administrative Hearings
Administrative Law Judge entered an order approving the settlement agreement
and closing the case; and
WHEREAS, section 8-106 of the Monroe County Code vests the Board as
the final arbiter of petitions such as this one, now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA that the Administrative Law Judge's Order dated July 27, 2004,
which is attached hereto and incorporated by reference herein, be and it is
hereby adopted and affirmed as the final administrative action of the County.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 18th day of August, 2004.
Mayor Nelson
Mayor Pro Tern Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
MUNHUE COUNTY ATTORNEY By
ff~~
'ROBERTB.SHILLlNG R/JR.
ASSIS~NT COUN.TY ATTORNEY
Date tr - 16 -o.~____
Deputy Clerk
jresCDI.Sombrero
Mayor/Chairperson
STATE OF FLORIDA
DIVISION OF ADMINISTRATION HEARINGS
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CDI INVESTMENTS, INC., d/b/a
SOMBRERO RESORT AND LIGHTHOUSE
MARINA,
Petitioner,
vs.
Case No. 04-1450
MONROE COUNTY,
Respondent.
/
ORDER
THIS CAUSE having come on to be heard and the Court having reviewed settlement
between the parties herein and being duly advised in the premises, it is therefore
ORDERED that Monroe County Solid Waste Roll shall be changed to reflect commercial
classification for Petitioner's property for the fiscal year 2004 and that any outstanding
assessments based upon a residential classification be cancelled, further that this Order is only
directed to the units owned by Petitioner and no other units.
FURTHER ORDERED that each of the parties shall be responsible for their own costs
and fees of this proceeding.
DONE AND ORDERED in Monroe County, Florida, this
day of
, 2004.
DONALD R. ALEXANDER
Administrative Law Judge
Copies furnished to:
John C. Dent, Jr., Esq.
Robert B. Shillinger, Jr., Esq.
Keith R. Gaudioso, Esq.
N:\m34-5794\Order 070104.doc
RECEIVED
JUL 2 8 2004
MONROE COUNT'IATTORNEY
STATE OF FLORIDA
DIVISION OF ADMINISTRATION HEARINGS
CDI INVESTMENTS, INC., d/b/a
SOMBRERO RESORT AND LIGHTHOUSE
MARINA,
Petitioner,
vs.
Case No. 04-1450
MONROE COUNTY,
Respondent.
/
SETTLEMENT
Petitioner, CDI INVESTMENTS, INe., d/b/a SOMBRERO RESORT and
LIGHTHOUSE MARINA, and Respondent, MONROE COUNTY, after having reviewed the
respective statutes and ordinances agree that the 68 units owned by Petitioner as described in the
Petition filed herein should be classed as commercial properties based on the following:
1. The complex is currently located within a Sub Urban Commercial District (SC)
which currently prohibits properties used for residential purposes and that if there are any legal
non-conforming residential uses within this district.
2. That the parties have agreed that the current use is for a non-residential purpose as
defined by the zoning code.
3. The Property Appraiser's office has further acknowledged that the classification
of these particular 68 units should be changed and reflected as a commercial use as opposed to a
residential use and that by changing the tax roll to reflect the commercial usage will in turn
change the designation for the solid waste classification since it is based upon the classifications
provided in the tax roll for Monroe County, Florida.
4. That each of the parties have agreed to the entry of an Order directing Monroe
County to re-classify these 68 units as commercial for purposes of solid waste assessment and
collection and further agree that that each of the parties will bear their own costs and expenses
JOHN C. D T, JR.
Florida B No.: 0099242
Dent & Associates, P.A.
330 S. Orange Avenue
Sarasota, Florida 34236
(941) 952-1070
Attorney for Respondent
EITH R. GAD
Florida Bar No.: 0034436
Goldstein, Tanen & Trench, P.A.
One Biscayne Tower, Suite 3700
Two South Biscayne Boulevard
Miami, Florida 33131
(305) 374-3250
Attorney for Petitioner
Dated: 7/-vlay
Dated: ':),~ 4;~ I, :J-O~ i
RO~~
Florida Bar No. () <;<;;:;;.()-
Assistant County Attorney
Post Office Box 1026
Key West, Florida 33041-1026
(305) 292-3470
Attorney for P~il IS. t3c>C"
Dated:
+/d~/(jV
N :\m34-5794\Settlement.doc
2