www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 3, 2013
December 3, 2013 - Regular Meeting
Agenda Item #7


Subject
Settlement Agreement between Medallion Home, LLC and Manatee County; Case No. 2011-CA-3709

Briefings
All

Contact and/or Presenter Information

James A. Minix, Chief Assistant County Attorney
Jo Ann Grace, Legal Assistant, Ext. 3750

William E. Clague, Assistant County Attorney
Kate Stefaniak, Legal Assistant, Ext.3750 



Action Requested

Motion to Approve Settlement Agreement between Medallion Home, LLC, and Manatee County, and to adopt Budget Amendment Resolution B-14-025 to accomplish the funding of the payment.



Enabling/Regulating Authority
Section 125.01, Florida Statutes.

Background Discussion

Plaintiff filed a declaratory judgment action against Manatee County with allegations that Manatee County failed to refund approximately $65,000 in impact fee credits to Medallion Home. At a hearing on May 10, 2011, the Board of County Commissioners denied the administrative appeal for certain impact fee credits related to rights-of-way dedications made by the original developer in connection with approvals for the Gamble Creek Estates subdivision.


The action was filed by the Plaintiff in Circuit Court and the County filed its response. Both parties filed summary judgment motions. The Court granted the developer's motion and declared a provision of the Manatee County Land Development Code to be unconstitutional. The parties have been engaged in settlement discussions since the Court’s order was issued. 

 

The main provisions of the settlement agreement are:

  • It requires that the County Attorney's Office draft a new LDC section pertaining to the dedication of road rights-of-way that requires either an individualized determination and rough proportionality as to exacted right-of-way or voluntary dedication of rights-of-way supported by mutual consideration. 
  • The intent of the amended LDC section is to codify the legal requirements of the Nollan, Dolan, and Koontz decisions of the U.S. Supreme Court.
  • It does not bind the Board to any specific language contained in the proposed LDC amendment, only that the Board must consider the proposal.
  • It provides that Medallion's exclusive remedy to enforce the agreement is a suit for specific performance to require the Board of County Commissioners to consider a LDC amendment proposed by the County Attorney's Office.

By 12/16/13, Manatee County must pay the amount of $312,219.13 to plaintiff's attorney as follows: 

  • Damages: $63,500.00
  • Interest: $8,020.93 (from 5/10/11 to 11/30/13)
  • Litigation attorney's fees: $110,824.00
  • Litigation costs: $63,378.00
  • Subtotal: $245,722.93
  • Refund of undisputed impact fee credits:  $66,496.20


  • Once payment is made to Medallion, it has 10 days to file a voluntary dismissal with prejudice. If no dismissal is filed, the funds are to be returned to Manatee County and the settlement agreement is a nullity.
  • It provides for a complete release by Medallion of the claims asserted in this action.
  • The parties make no admission of liability or fault arising out of this litigation.


The County Attorney's Office believes that this is a beneficial settlement for the County and recommends its approval by the Board.

   

   




County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.  See attached Settlement Agreement.

Reviewing Attorney
N/A

Instructions to Board Records

Please return a fully approved electronic copy of this agenda item with attachments to joann.grace@mymanatee.org.

Also, please send stamped, approved Budget Amendment Resolution B-14-025 package to Kathy Cremaschi (kathy.cremaschi@manateeclerk.com), Accounting Manager, Finance Department (Manatee County Clerk of Courts).



Cost and Funds Source Account Number and Name
101-0011600-531000-Transportation Trust Fund--$245,722.93; 180-0000000-363240-North East Roads Impact Fee Revenue Account--$66,496.20

Amount and Frequency of Recurring Costs
$312,219.13 One-time Payment


Attachment:  Settlement Agreement-Medallion.pdf
Attachment:  Budget Amendment B-14-025.pdf