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Commissioners also affirmed that they have open minds and <br /> can base their decisions on the evidence presented and <br /> applicable law. <br /> Vice Chairman Solari announced his conflict of interest and <br /> said he would abstain from voting. <br /> The Deputy Clerk administered the Oath to all persons who <br /> wished to speak at the hearing. <br /> Director Boling explained the request by the owner, Orchid <br /> Quay, LLC, to rezone f 41.95 acres from General Commercial <br /> (CG) to Office Commercial Residential (OCR). He said that <br /> staff and the Planning and Zoning Commission (P&Z) <br /> recommended the Board approve the rezoning request. <br /> County Attorney Dylan Reingold spoke briefly regarding the <br /> ongoing litigation and moving forward with the owner's <br /> request. <br /> The Chairman opened the Public Hearing. <br /> Attorney Bruce Barkett, representing Orchid Quay, LLC, <br /> stressed his client's request to move forward with rezoning. He <br /> said the Board would have no liability if it is rezoned, but there <br /> would be, if the rezoning is not granted because of the owner's <br /> due process rights. <br /> Joseph Paladin, President, Black Swan Consulting and <br /> Entitlements, LLC, requested the vote be tabled until the <br /> litigation is settled. <br /> Bob Johnson, Coral Wind Subdivision, wanted this issue tabled <br /> until the legal action is resolved. <br /> Attorney Lee Goldberg, 12 Inlet Cay Drive, Ocean Ridge, <br /> Counsel for Suncor Bristol Bay (the litigant), spoke about the <br /> rights of first offer and issues that are currently before the <br /> Federal District Court. He did not believe this to be an urgent <br /> matter, and requested the rezoning be tabled until the issue is <br /> resolved in Court. <br /> Attorney Reingold responded to the Commissioners' questions. <br /> Attorney Joshua Prever, Morgan Lewis, Litigation Counsel for <br /> Orchid Quay, LLC, recommended the Board issue a ruling <br /> today to rezone the property. <br /> Board of County Commission Minutes <br /> September 22,2015 Page 8 <br />