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Item J1 .* CLOSED:. SESSION * * TIME CERTAIN 1;30 P.M. * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 1/15/09 - KW Division: County Attorney Bulk Item: Yes - No ~ Staff Contact Person: Lisa Granger #3170 AGENDA ITEM WORDING: A closed executive session of the Board of County Commissioners in the matters of Board of County Commissioners of Monroe County, Florida v. Tony Welters and Virginia Welters, Case No. 03- CA-1505-K and Board of County Commissioners of Monroe County, Florida v. Louis Welters. et. al.. Case No. 04-CA-639-K. . ITEM BACKGROUND: Legal staff desires direction from the Board on the case. Per F.S. 286.011(8), the subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. ' , Present at the meeting will be the Commissioners, County Administrator Roman Gastesi. County Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, Assistant County Attorney Cynthia Hall. Assistant County Attorney Lisa Granger, Assistant County Attorney Christine Limbert- Barrows and a certified court reporter. PREVIOUS RELEVANT BOCC ACTION: 6/17/09 BOCC approved Closed Session for 7/15/09 @ 1 :30 p.m. in Key West CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: @.$200.00 INDIRECT COST: BUDGETED: Yes xx No - - COST TO COUNTY: (iij$200.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year - County Atty I)!t OMB/Purchasing NI A Risk Management N/ A APPROVED BY: DOCUMENTATION: Included - Not Required X D.lSPOSITION: .. AGENDA ITEM # Revised 2/05 i;. BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Holly Merrill Raschein,District 5 Mayor Pro Tem James K.Scholl,District 3 The Florida Keys Craig Cates,District 1 ., Jl Michelle Lincoln,District 2 Robert B.Shillinger,County Attorney** David Rice,District 4 Pedro J.Mercado,Sr.Assistant County Attorney** Cynthia L.Hall,Sr.Assistant County Attorney** Derek V.Howard,Sr.Assistant County Attorney** Office of the County Attorney Christine Limbert-Barrows,Assistant County Attorney** I I11 12'Street,Suite 408 Peter H.Morris,Assistant County Attorney ** Key West,FL 33040 Patricia Fables,Assistant County Attorney (305)292-3470 Office Joseph X.DiNovo,Assistant County Attorney** (305)292-3516 Fax Kelly Dugan,Assistant County Attorney Christina Cory,Assistant County Attorney Nathalia Archer,Assistant County Attorney **Board Certified in City,County&Local Govt.Law January 17, 2024 Kevin Madok, CPA Clerk of the Court, 16'Judicial Circuit Monroe County Courthouse 500 Whitehead Street Key West, FL 33040 In Re: Monroe County v. Welters, Case No.: 03-CA-1505-K Monroe County v. Welters, Case No.: 04-CA-639-K Dear Mr.Madok: Please find attached a scan of the transcript of the attorney-client closed session held on July 15, 2009, before the Monroe County Board of County Commissioners, in connection with litigation in both cases cited above. The litigation has concluded; under Fla.Stat. 286.011(8), the transcript may be made part of the public record once litigation has ended. Thank you for your assistance in this matter. Please contact me if you have any questions. Sincerely Digitally signed by Cynthia L Hall DN:cn=Cynthia L Hall,o=Monroe n County BOCC,ou,email=hall- W Cynthia@monroecounty-fl.g- '2024.01.16 15 47 13-OS'00' Cynthia L. Half Senior Assistant Monroe County Attorney Attachment: Scan of Closed Session Transcript dated 07/15/2009 1 2 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY 3 ATTORNEY-CLIENT CLOSED SESSION 4 WEDNESDAY, JULY 15, 2009 5 1 : 30 - 2 : 00 PM 6 BOCC of Monroe County vs . Tony & Virginia Welters, et al . 7 Case No . 03-CA-1505-K 8 and 9 BOCC of Monroe County vs . Louis Welters, et al . 10 Case No . 04-CA-639-K I 11 i � 12 COUNTY COMMISSIONERS : 13 George Neugent, Mayor 14 Heather Carruthers, County Commissioner 15 Mario DiGennaro, County Commissioner 16 Sylvia Murphy, County Commissioner 17 Kim Wigington, County Commissioner 18 19 STAFF: 20 Suzanne Hutton, County Attorney 21 Robert Shillinger, Chief Assistant County Attorney 22 Lisa Granger, Assistant County Attorney 23 Roman Gastesi, County Administrator 24 i 25 All Keys Reporting-Court Reporters-(305)289-1201 Locations in Key Largo,Marathon&Key West 2 1 MS . GRANGER: This is a closed attorney-client . 2 session pursuant to Section 286 . 011 subsection ( 8 ) 3 of Florida Statutes . It is estimated that the 4 meeting will take approximately thirty minutes . 5 The persons attending the meeting will be the 6 County Commissioners, County Adminstrator Roman 7 Gastesi, County Attorney Suzanne Hutton, Chief 8 Assistant County Attorney Robert Shillinger, 9 Assistant County Attorney Lisa Granger and a 10 certified court reporter . 11 Since the law prohibits any other person from 12 being present at the closed session, the 13 commissioners, the attorneys for the County and the 14 court reporter will now remain in this meeting room 15 and all other persons are required to leave the 16 room. When the closed session is over, we will 17 re-convene and re-open the public meeting . The 18 Mayor will now close the public meeting . 19 MAYOR NEUGENT : The public meeting is now 20 closed and we will open the special meeting . 21 COMMISSIONER DiGENNERO : I like to go 22 through meetings quick. 23 MS . HUTTON: This is the closed session of 24 the Board of County Commissioners in the matter 25 of Board of County Commissioners of Monroe All Keys Reporting-Court Reporters-(305)289-1201 Locations in Key Largo,Marathon&Key West 3 1 County, Florida versus Tony Welters and 2 Virginia Welters , case number 03-CA-1505-K and 3 Board of County Commissioners of Monroe County, 4 Florida versus Louis Welters , et al, case number 5 04-CA-639-K. This closed session is being held 6 pursuant to the request of the County Attorney, 7 who announced at a prior public County Commission 8 meeting on June 17 , 2009 that I needed advice 9 concerning the pending matters . 10 At that meeting the board approved holding 11 today ' s closed session and public notice was 12 given at the June 17th, 2009 BOCC meeting 13 and through publication of the agenda for the 14 July 15th, 2009 BOCC regular meeting . 15 For the record, and the benefit of the 16 court reporter, each of us will state our 17 name and position starting with the commission . 18 COMMISSIONER CARRUTHERS : Heather Carruthers, 19 County Commissioner, District 3 . 20 COMMISSIONER DiGENNARO: Mario DiGennaro, 21 County Commissioner, District 4 . 22 MAYOR NEUGENT : George Neugent, County 23 Commissioner, District 2 . 24 COMMISSIONER MURPHY : Sylvia, County 25 Commissioner, District 5 . All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 4 1 COMMISSIONER WIGINGTON : Kim Wigington, 2 County Commissioner, District 1 . 3 MS . HUTTON : Suzanne Hutton, County 4 Attorney . 5 MR . GASTESI : Roman Gastesi, County 6 Administrator . 7 MR . SHILLINGER : Bob Shillinger, Chief 8 Assistant County Attorney. 9 MS . GRANGER: Lisa Granger, Assistant 10 County Attorney. 11 MS . HUTTON : Just as a reminder we will only 12 be discussing settlement negotiations and strategy ,i 13 relating to litigation expenditures . We cannot ce, 14 take any decisive action at this meeting . If 15 you want to take decisive action we will have to 16 bring that back up at the open session . Any 17 decisions have to be done in the public meeting . 18 I am going to turn this over to Ms . Granger 19 to lay out the facts of the case and explain why 20 we ' re here . 21 MS . GRANGER : Thank you . Good afternoon, 22 Mayor, Commissioners . As you know, I am Lisa 23 Granger . I am the County code enforcement 24 attorney so obviously this litigation started from 0,, 25 a code enforcement action . p i All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 5 1 It involves property -- it actually 2 involves three lots in Rockland Key . We ' re 3 down to two now specifically lot 23 and 24 in 4 Rockland Harbor . 5 I have supplied each of you with some 6 pictures . If you will turn towards the back 7 the very first picture looks like a pink 8 lean to . There is 11 pictures that were taken 9 in 2005 and the pictures that are at the back of 10 your brochures are current . 11 You will see that these structures are 12 basically lean tos . They are shacks for lack of 13 a better term. There has never been a house on 14 these properties since the time the code 15 enforcement action was initiated . 16 MAYOR NEUGENT : A little shy of our 17 present building code . 18 MS . GRANGER : Right . What brought code 19 out to this area was in 2001 there was a fire 20 at these buildings . There has been a family 21 that has lived there . The father has since 22 passed away . He was about 93 years old at the 23 time of the first fire . 24 There are currently two sons of his 05 25 living on the property and one is in his All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 6 1 60 ' s and one is in his 70 ' s . These are people 2 who have no education, have never worked except 3 I understand that the younger of the brothers 4 is now working for Waste Management for what that 5 is worth, but in any event they have lived on 6 this property their whole entire life . 7 In 1966 there was a house permitted and 8 built and I supplied a picture of that in here 9 as well . It looks like a long trailer . 10 COMMISSIONER CARRUTHERS : Can I ask a 11 question . What is the difference between the 12 photo on the top and the bottom? 13 MS . GRANGER : They just were all taken at 14 the same time . Different angles . I just wanted 15 to give you a feel for the property . 16 COMMISSIONER CARRUTHERS : Okay . 17 COMMISSIONER WIGINGTON : They have lived 18 there for 60 and 70 years? 19 MS . GRANGER : Yes . 20 COMMISSIONER DiGENNARO : I have a question . 21 Who owns this property; do they own it? 22 MS . GRANGER: The brothers and one sister 23 own all of these . 24 COMMISSIONER DiGENNARO : The land . 25 MS . GRANGER: Yes , the land . Yes . So, All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 1 in any event, what happened as a result of 2 code enforcement case they never brought the 3 property into compliance . Fines have been running 4 since that time . So the county is owed over a 5 million dollars on both of these two lots . 6 Okay . So prior outside counsel on behalf 7 of the county filed a foreclosure action on 8 these lots , 23 and 24 . 9 MAYOR NEUGENT : Who filed foreclosure? 10 MR . SHILLINGER : Vernis & Bowling back 11 in 2003 . We farmed these out . They were going 12 to collect on them. 13 COMMISSIONER MURPHY : Excuse me . There 14 were three lots now there are two . 15 MS . GRANGER : That is correct . The family 16 still owned lot 24 but that lot has been 17 cleared up and cleaned up under an agreement that 18 Mr . Shillinger worked out with the family . That 19 lot is not part of this action currently . 20 COMMISSIONER MURPHY : But they do own that 21 lot? 22 MS . GRANGER: That is correct . 23 COMMISSIONER DiGENNARO : Can you tell me 24 do they have fines they had to pay on that other 025 lot at that time? All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 8 1 MR . SHILLINGER : That was resolved in 2 a settlement agreement back in 2000 . 3 COMMISSIONER DiGENNARO : And what was 4 that settlement agreement? Was there any 5 financial -- 6 MR . SHILLINGER : No, it was one of those -- 7 COMMISSIONER DiGENNARO : One of those 8 clean it up and we won ' t give you a fine . 9 MR. SHILLINGER: We entered into a 10 contempt decree where if there is further 11 violation they could be held in contempt 12 of court . There is no money to go after so 13 it was the threat of jail that is hanging over `. 14 this family ' s head in terms of that lot . 15 COMMISSIONER WIGINGTON : I think I remember 16 part of this and there was no ability to pay a 17 fine; am I correct? This was not homesteaded 18 although for all practical purposes it should 19 be homesteaded, right? 20 MS . GRANGER : Commissioner, lot 23 has 21 always been homesteaded . Lot 24 has been 22 homesteaded with the exception of 2008 . For 23 some reason they did not homestead it . 24 I supplied the property record card 25 here for you . The first one is lot 23 and if you All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 9 1 will it shows the exemption from the tax role 2 year of 2008 all the way back to 1980 shows a 3 homesteaded exemption on that property . 4 MR . SHILLINGER : Understand that the tax 5 homestead is separate from the homestead that 6 prohibits us from foreclosing on somebody ' s 7 homestead . There is an exemption from execution 8 and there is a tax homestead . They are similar 9 and they often overlap but they are not mutually 10 exclusive so if someone can prove that they lived 11 there they can prevent the foreclosure of their 12 house in satisfaction of a lien . 13 COMMISSIONER WIGINGTON : Well, it ' s 14 observable that is the case, isn ' t it? 15 MS . GRANGER : That is correct and lot 24 16 you will see the same thing that up until 2007 17 it was homesteaded our records show back all the 18 way to 1982 . 19 Lot 25 that is not part of this is the 20 only lot that was never homesteaded . 21 COMMISSIONER MURPHY : Which is the one 22 that has already been taken care of? 23 MS . GRANGER : 25 . It ' s clear it ' s a vacant 24 lot . 25 COMMISSIONER MURPHY : 23 and 24 . All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 10 1 MS . GRANGER : Right . So we are here only 2 on 23 and 24 today . 3 COMMISSIONER DiGENNARO : One is homesteaded 4 the other is not . 5 MS . GRANGER : That is correct . Then we 6 have the added confusion with this property 7 is the zoning . This is in an AQ zone noise 8 level so I have included that map . 9 COMMISSIONER MURPHY : Gee, I wonder who was 10 there first . 11 MS . GRANGER : These properties have gone 12 anywhere from vacant, no single family residence, 13 up to mobile home, codes, for the property codes . 14 You will see in the property appraiser ' s records 15 that I have supplied the family has paid taxes 16 and I have to be honest they are a significant 17 amount of. taxes that they have paid . 18 COMMISSIONER MURPHY : And they do pay them? 19 MS . GRANGER : And they have been paying 20 them so the reason why we are here today is 21 obviously the County through Vernis & Bowling 22 brought a foreclosure action . The court is 23 looking to me to make a decision whether to try 24 this case to go to trial to ask for a judgement 25 and obtain the property on the County ' s behalf or All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 11 1 to voluntarily dismiss it . So I am looking for 2 guidance from you because I , with all the 3 attorneys in my office, and with the planners 4 have tried to put together a package that might 5 be acceptable to both us, the county and the 6 family to provide them with safe housing and 7 we can ' t do it between the zoning -- 8 COMMISSIONER MURPHY : What do you mean by 9 safe housing, Lisa? 10 MS . GRANGER: Well, safe housing in my 11 mind would have been working with Habitat for 12 Humanity or another non profit to either provide 13 a liveable trailer or a home . 14 COMMISSIONER MURPHY : Are these all adults 15 out there? 16 MS . GRANGER: Yes . 17 COMMISSIONER MURPHY : One is 60 , one is 18 70 and there is a sister? 19 MS . GRANGER: There is a sister that lives 20 in North Carolina . We did run credit checks to 21 try and see if there were any assets . The 22 sister seems to be the only one -- I can only 23 determine to be in a trailer in North Carolina . 24 I have not found any assets but the caveat to that 25 is I would never know how much these people had in All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 12 1 the bank but from their deposition quite a i 2 while ago they don ' t have any assets . They 3 have a pro bono attorney . 4 COMMISSIONER CARRUTHERS : Who is paying 5 their taxes ? 6 MS . GRANGER : Well , you know, I don ' t 7 know . I can guess the sister is or they may 8 have had some help from another family in the 9 community, but there is no clear evidence 10 of that . They did have help cleaning it up . 11 This place was a mess initially when the fire 12 happened . 13 COMMISSIONER DiGENNARO : What is the 14 property worth? 15 MS . GRANGER : They are paying significant 16 taxes on it . Property appraiser ' s office 17 in my mind has a very inflated value on the 18 property . They put on the one lot is worth 19 $318 , 000 . The other lots close to $300 , 000 . 20 COMMISSIONER MURPHY : What is on this 21 lot? 22 MS . GRANGER : What you are seeing . 23 COMMISSIONER CARRUTHERS : What is in the 24 neighborhood? 25 COMMISSIONER WIGINGTON : This whole All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 13 1 neighborhood looks like this to be honest with m 2 you . There are homes paying less taxes 3 than that on their homes . 4 COMMISSIONER MURPHY : On homes valued 5 less than that . 6 COMMISSIONER CARRUTHERS : Why are their 7 taxes so high . 8 COMMISSIONER DiGENNARO : This is your 9 area . 10 COMMISSIONER WIGINGTON : Yes , it is . 11 MAYOR NEUGENT : What do you think should 12 happen, Kim. j 13 COMMISSIONER WIGINGTON : Well, I remember 14 this in 2003 and I thought it was ended in 2003 . 15 I remember very little of it but I mean they 16 probably work any way that they can or sell 17 anything they can whether it be fish or 18 whatever just to have enough to pay the taxes . 19 From what I remember I mean probably everything 20 they have goes to pay the taxes . It concerns 21 me that all of a sudden this is not homesteaded 22 and they probably -- I mean I don ' t mean to make 23 this judgement . You mentioned their education, 24 they probably don ' t realize what is going to 25 happen when the taxes go up they may not be able All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 14 1 to even pay the taxes . This was dismissed, I 2 thought in 2003 ; was it not? 3 MR . SHILLINGER : There were three 4 separate cases , one against each lot . Counsel 5 had filed the action had filed three separate 6 actions and we had resolved the one involving 7 the sister . Quite frankly she is the most 8 intelligent, most responsive and the one who 9 is most concerned about it . 10 The two brothers don ' t have those 11 capabilities . 12 COMMISSIONER MURPHY : Did they each own 13 one lot? 14 MR . SHILLINGER : At least with respect to 15 the sister in the prior case it was clear 16 that they treated it as if it were her lot . 17 MS . HUTTON : If I can add, if you look 18 at the property record card it appears that 19 the buildings themselves have always had a 20 diminutious value but the property values 21 have been obviously going up and also over a 22 period of time from about 1990 to 2007 , well 23 2006 only a partial homestead exemption was 24 actually granted so that tells me there were 25 other people that were not entitled to the All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 15 1 homestead exemption who were actually residing 2 on the property and so the property appraiser 3 only accorded a partial homestead exemption 4 to these properties . 5 COMMISSIONER WIGINGTON : It wasn ' t 6 because it was several lots put together? 7 MS . HUTTON : No, I don ' t think so . I 8 think it was there could be commercial activity 9 on there . It could be or it could be that there 10 were people that were renting space there . That 11 is what I was assuming that there people renting 12 the space based on what I have seen at the value 13 adjustment hearings . 14 COMMISSIONER WIGINGTON : This may not be a 15 good thing to say here but I am going to say 16 it anyway . I would like to get them before 17 the value adjustment board to adjust the property 18 and I can ' t be a part of taking a 60 and 70 year 19 old off the property when the whole neighborhood 20 looks like this . That community is hidden back 21 in there . Very few people even realize what is 22 there and most of them have been there for that 23 long so I hate that it even ended up in code 24 enforcement . What do you do with the 25 rest of the properties around it? All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 16 16- 1 MS . GRANGER: Well, with this particular property why code enforcement became involved 3 is because the fire marshall was there and 4 called them out there way back then . It ' s 5 not a current code case but there is code 6 violations continuously obviously . 7 COMMISSIONER WIGINGTON : And the code 8 violation -- well , you can ' t even get into it . 9 I am just looking at it . 10 COMMISSIONER MURPHY : It seems like what 11 we have here is a time when we can do one of 12 two things . We can be the big bad guy and go 13 by the rules and make those rules stick or we 14 can be a little more humanitarian . There is no 15 children involved. These are people who have 16 lived out there for many, many, many years . When 17 I worked on Big Coppitt many years ago in 1986, 18 ' 87 some of our ambulance calls were out of 19 Rockland and Kim is right . It all looks like 20 this . 21 They are very nice people . They are 22 very hospitable people and they don ' t have 23 anything . Most of them don ' t have education 24 and I don ' t think they should be punished e,oi 25 for that . They have lived there all their All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 17 1 life and suddenly we ' re going to come down 2 on them with a hammer . I don ' t like it . 3 I would say do away with this code case, 4 pretend it didn ' t happen and let them live 5 out their life on that property . 6 MS . GRANGER : I need to make one 7 clarification . This action, this litigation 8 is totally separate from the code action . Under 9 the code action the county lien will remain 10 for 20 years so if they ever by miracle build 11 a house or sell this lot the county hopefully 12 at that time will be paid back a least a portion 13 of the lien . 14 But why we are here today is exactly right 15 is for a foreclosure action . 16 COMMISSIONER MURPHY : No . 17 COMMISSIONER DiGENNARO : What would staff ' s 18 recommendation have been? 19 MR. SHILLINGER : We have been beating 20 ourselves up on this going back and forth trying 21 to figure out a best way to do it . This is the 22 best way to do it we think is to drop the 23 foreclosure action, leave the lien in place, 24 dismiss it without prejudice and if they 25 eventually sell the property it will come All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 18 1 to -- 2 COMMISSIONER DiGENNARO : What happens to 3 the property now. Will they still live there? Do 4 we close our eyes to this . I don ' t have a problem 5 with it . I don ' t know what we are allowed to 6 say and do or not but I think we all -- 7 MR. SHILLINGER: We don ' t have a liability 8 if that is what you ' re looking for allowing 9 them to continue to live like that . 10 COMMISSIONER DiGENNARO : We don ' t have to 11 make a motion but we can make this quick. You 12 need staff -- 13 MS . HUTTON : Actually we ' ll have to put an 14 item on the agenda for you to actually vote on 15 to tell us to dismiss it . 16 COMMISSIONER DiGENNARO: Okay. My head 17 nod is to say live and let live . 18 MR. SHILLINGER: We ' ll bring it back . 19 MS . HUTTON : We can actually bring this 20 back at the August 19th meeting as an agenda 21 item to dismiss the foreclosure action but we 22 don ' t have to reopen the agenda today. 23 COMMISSIONER CARRUTHERS : Can I ask two 24 questions . What happens if these folks -- do 25 they have any heirs . What happens -- All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 19 1 MS . GRANGER : There are about five siblings 2 that I am aware of that are on the deed . One of 3 the siblings has heirs ; nephews and nieces and 4 that may be why there was a nephew living there 5 at the time of the fire . He is no longer living 6 there, but you know we also talk about that . 7 Maybe taking the property, taking title to the 8 property and letting these fellows remain on 9 a life estate but it ' s going to create nightmares 10 for the county and then we open ourselves up to 11 more liability . 12 MR . SHILLINGER : But if your question is „ 13 what happens when they pass eventually and the 14 lien is in place then we have a claim against 15 the property with respect to the estate so when 16 it gets probated we could -- 17 COMMISSIONER DiGENNARO : We could then 18 make our decision then whatever it ' s going to 19 be then we hope in another 20 years . 20 COMMISSIONER MURPHY : We could get ours 21 back and they get the rest . 22 COMMISSIONER CARRUTHERS : Can I ask my 23 second question, please . Does this set any kind 24 of precedent for turning a blind eye to any other 25 code violation in other situations? All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 20 1 MS . GRANGER : I think every single case 2 you have to evaluate it on its particular 3 merits and hopefully we ' re not going to find 4 any particular situation that is exactly 5 this scenario where two people have lived more 6 than fifty years on the property . 7 COMMISSIONER WIGINGTON : I ' ll say this . That 8 area back in Rockland is unique, extremely 9 unique . It ' s been there for a long time and 10 I ' d hate to see the wrath of people if we 11 start cracking down on that community because I 12 mean it would be cruel because most of the people 13 who live there have no visible means of 14 support . 15 COMMISSIONER MURPHY : And not to bring up 16 a sore subject, Commissioner Carruthers , but 17 wouldn ' t it be awful if we did something to old 18 men on Rockland and let Kathy Lee Gifford 19 get away with her -- 20 COMMISSIONER CARRUTHERS : What can we do 21 about Kathy Lee Gifford. 22 COMMISSIONER MURPHY : That is long gone but 23 people have memories . 24 MAYOR NEUGENT : One element, at least one 25 element that I see as being left out of this and g All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 21 1 that is health issues from the standpoint of 2 what are we using for sanitary bathroom 3 facilities , etc . We have got natural resources 4 that we are bound to protect and I have been 5 back there once and didn ' t want to go back again . 6 And it is an absolute -- did you see 7 the movie Apocalypse Now. When they took the boat 8 and went up into the canal that is what I felt 9 like I was in when I went back there . I was 10 expecting to see heads on sticks . I am serious . 11 MS . HUTTON : At this point in time that 12 is the Health Department ' s responsibility. 13 COMMISSIONER WIGINGTON : And they have to 14 meet the same standards as anybody else and these 15 are very enterprising, independent people and 16 they probably will meet the 2010 standard. 17 MS . GRANGER: Can I distract your 18 attention to the last two pictures 19 in my brochure here . I don ' t know why but it 20 looks like FKAA went out and put in the sewer 21 hook up at least . 22 COMMISSIONER WIGINGTON : They did because 23 we did Shark Key and we were going to leave this 24 area out and make them meet the standards of 25 putting on site systems and do Shark Key so All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 22 1 the Aquaduct decided -- they didn ' t decide, it 2 was part of the County ' s decision . 3 MS . HUTTON : So they should be code 4 enforced on connections . 5 MS . GRANGER : The last picture shows 6 there is some kind of electric hook up to a 7 tree although when we asked for electric 8 bills we didn ' t find any . 9 COMMISSIONER MURPHY : You know, it looks 10 like any trailer park anywhere in south 11 Florida . Look at that picture . I mean it ' s a 12 good picture, Lisa . 13 MAYOR NEUGENT : Getting back to the point 14 that I was making and yes , it is a Department 15 of Health issue but we have a responsibility and 16 obligation to address these particular issues 17 ourselves if we know about them. We can ' t just 18 turn a blind eye to them. 19 COMMISSIONER WIGINGTON : Are you talking 20 about the sewer hook ups ? 21 MAYOR NEUGENT : I am talking about the 22 facilities . We are talking about these people 23 living back there . 24 COMMISSIONER WIGINGTON : They got 25 laterals to connect to . They haven ' t been All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 23 1 noticed yet . 2 MAYOR NEUGENT : What are they using now? 3 MS . GRANGER : A cess pool that was there 4 I believe blew up or was removed after the 5 fire . I don ' t know what they are using . 6 I know that when my code inspector came back 7 this is what she said . She said that there are 8 lean tos still there . They are filiated old 9 RVs that are there . Things that these brothers 10 have been living in since at least the fire . 11 MAYOR NEUGENT : When I went back there, this 12 is pre fire, there were a lot of people living 13 back there walking around that had no bathroom 14 facilities so I don ' t know if that is still the 15 case but as this progresses -- 16 MR . SHILLINGER : It wasn ' t the subject of 17 this code enforcement action . From the pictures 18 and Lisa has more current information than I do, 19 if sewer service is about to be provided there 20 it seems to me that would be the subject of and 21 they haven ' t connected that would be the subject 22 of a future code enforcement action . But the 23 issue in the code enforcement case was the trash 24 and debris , the unsafe structures that at that 25 point there wasn ' t -- All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 24 1 MS . HUTTON : There was no central sewer . 2 MR . SHILLINGER : There might have been 3 an OSTES case . I would have to go back and 4 look at the file . 5 MAYOR NEUGENT : There were some other 6 certainly Public Health and also health safety 7 issues . There was electricity run wires that 8 were exposed certainly not up to code and, you 9 no, I don ' t know exactly what our -- 10 MR . SHILLINGER : We have the option, if there 11 is a life safety issue out there we have the 12 option instead of going through the routine 13 code enforcement where you get a fine, they are 14 never going to be able to pay . Going to court 15 and basically getting an order like the one we 16 resolved, the other one in wherein if you don ' t 17 fix this problem you got to go answer to the 18 Judge or go to jail . And that -- when you are 19 dealing with folks with no money they sometimes 20 find the money to do the bare minimum necessary 21 to satisfy the court ' s obligations . They don ' t 22 have to go to jail . 23 MAYOR NEUGENT : We sound like our soon to 24 be appointed Supreme Court Justice when she was 25 talking about establishing policy outside of All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 25 1 law and well, let ' s do this . 2 MR . SHILLINGER : It ' s within the parameters 3 of law . You have different options in trying 4 to enforce the code . And that is one of the ones 5 when it ' s available to us regardless of who the 6 person is if that is a more appropriate 7 circumstance . 8 COMMISSIONER MURPHY : But what we are 9 dealing with today is the foreclosure . 10 MR. SHILLINGER : Yes . 11 COMMISSIONER MURPHY : Okay. I think you 12 have your head nods, right Mario? 13 COMMISSIONER DiGENNARO : You got my head 14 nod, yes . And I think on the other side, I 15 don ' t know . There might be a way somebody from 16 the County could research to assist the people 17 before they get in trouble with the wastewater 18 system. It might be a better thing for us to 19 be little more proactive in this to help them. 20 We know a problem is coming, we can do something . 21 I don ' t know if there is some non profit or 22 somebody that can help these people . 23 COMMISSIONER WIGINGTON : Habitat for 24 Humanity could be helping them. 25 COMMISSIONER DiGENNARO : Send Roman out All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 26 1 there . He will take care of everything . 2 MS . HUTTON : You want to close the 3 closed session and reopen the public session? 4 MAYOR NEUGENT : Yes . . 5 MS . HUTTON : The closed session is closed . 6 ( Proceedings were concluded) . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West 27 ij 2 STATE OF FLORIDA 3 COUNTY OF MONROE 4 5 I , Lisa Roeser, certify that I was authorized 6 to and did stenographically report the foregoing 7 proceedings and that the transcript is a true and 8 complete record of my stenographic notes . 9 DATED this 21st day of July, 2009 . 10 11 12 4, GIN 13 14 Lisa Roeser 15 Registered Professional Reporter 16 17 18 19 20 21 22 23 24 25 All Keys Reporting—Court Reporters—(305)289-1201 Locations in Key Largo,Marathon&Key West