11/29/2004 Special
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2004/281
Special Meeting
Board of County Commissioners
Wednesday, November 29,2004
Key West, Florida
A Special Meeting of the Monroe County Board of County Commissioners convened at
6:00 P.M., on the above date at the Harvey Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner
Dixie M. Spehar, Commissioner David P. Rice, and Mayor Murray E. Nelson. Also present were
Danny L. Kolhage, Clerk; Bob Shillinger, Assistant County Attorney; Thomas Willi, County
Administrator; County Staff, members of the press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, AND DELETIONS
Motion was made by Commissioner McCoy and seconded by Commissioner Rice to add
agenda item "C" concerning a request from the County Attorney's office for direction on three (3)
separate legal matters. Motion carried unanimously.
COUNTY ATTORNEY
Assistant County Attorney Bob Shillinger addressed the Board. Motion was made by
Commissioner Neugent and seconded by Commissioner Rice authorizing the County Attorney to
retain the firm of Freilich, Leitner & Carlisle, to represent the County in the case of Collins, et al
v. Monroe County, per staff recommendation. Motion carried unanimously.
Motion was made by Commissioner Nelson and seconded by Commissioner Rice directing
the County Attorney to pursue attorney's fees in the case oflD. v. Monroe County, if that case is
appealed by the plaintiffs but to withdraw the motion for attorney's fees if no appeal is filed in the
case, per staff recommendation. Motion carried unanimously.
Assistant County Attorney Bob Shillinger discussed post litigation in the case of
Nunziante v. Monroe County and Louis LaTorre. Mr. Shillinger discussed a proposed stipulation
that would allow Ms. Nunziante to remain as a resident at Bay Shore Manor during the pendency
of this case. Mr. Shillinger also discussed a possible conflict of interest which could arise in the
future concerning the County Attorney's representation of both Monroe County and Mr. LaTorre.
After discussion, motion was made by Commissioner McCoy and seconded by Commissioner
Nelson authorizing the County Attorney to agree to the stipulation that would allow Ms.
Nunziante to remain a resident of Bay Shore Manor during the pendency of the litigation. Motion
carried unanimously.
11/29/2004
2004/282
Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to
authorize the County Attorney to represent both the Board of County Commissioners and Mr.
LaTorre at this time. Motion carried unanimously.
PRESENTATION BY URS
County Engineer, Dave Koppel addressed the Board. 1. David Burgstiner, P.E.
representing URS Corporation made a presentation concerning the South Stock Island
Wastewater Project. The commissioner then discussed the item. The following individuals
addressed the Board: Bill Smith, representing Key West Resort Utilities; Debra Richardson, and
Kim Wigington. After discussion, motion was made by Commissioner McCoy and seconded by
Commissioner Nelson to accept the URS Study including additional comments provided from the
utility company, directing the County Administrator to proceed to have everyone connected in the
most expeditious way, directing the County Attorney to coordinate compliance with Code
Enforcement, and authorizing the use of Special Masters from the Division of Administrative
Hearings in the State of Florida. Roll call vote was unanimous.
Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to
adopt Proposed Solution lA as represented in the URS Report. However, if the property owners
select IB, they will pay any difference in the cost to the County to provide these services. Bill
Smith, representing Key West Resort Utilities addressed the Board. Roll call vote was
unammous.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
J1 o-L-J- c . LS2.u'0~
Isabel C. DeSantis, Deputy Clerk