Item C1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
(TIME CERTAIN: 9:00 a.m. or as soon thereafter as may be heard)
Meeting Date: 11/1/2006 - KW
Bulk Item: Yes No ~
Division: County Attorney
Staff Contact Person: Bob Shillinger/Jeny Sanders
AGENDA ITEM WORDING:
An Attorney-Client Closed Executive Session of the Board of County Commissioners in the matter of Monroe
County v. Pedro Liz. CA K 05-420.
ITEM BACKGROUND:
The County is in the middle of foreclosure proceedings against a Stock Island property containing a commercial
building and 12 mobile homes for unpaid code enforcement fines that current1y exceed $1.1 million dollars. The
fines were imposed as a result of the unsafe structures and debris on the property. David Paul Horan, counsel for
Mr. Liz, has indicated to staff counsel that he has worked out an agreement on the fine. Staff needs direction on
whether it should devote any further efforts to the litigation or towards implementing any settlement with Mr.
Horan.
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 me:eting will be the Commissioners, the County Administrator, the County Attorney, Chief
Assistant County Attorney Bob Shillinger, and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
On 10/18/06, the Board authorized this closed session.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: N/A
TOTAL COST:
BUDGETED: Yes ~ No
COST TO COUN'IY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No xx
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMBlPurchasing _ Risk ~ement
DIVISIONDIRE(:TORAPPROVAL: ~ ~
~ . ,CO ATTORNEY
DOCUMENTATION:
Included
Not Required X
AGENDA ITEM # C .
DISPOsmON:_
Revised 2/05
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
NOTICE OF A TfORNEY -CLIENT CLOSED SESSION
The Board of County Commissioners of Monroe County, Florida, pursuant to Section
286.011(8), Florida Statutes will hold a Closed Attorney-Client Session during a public meeting to be
held on Wednesdav. November 1. 2006. be2iooinl! 9:00 A.M. or as loon thereafter as mav be
beanl at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida.
Those persom: attending the Closed Session will be the County Commissioners, County Administrator
Thomas J. Willi, County Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger,
and a certified court reporter. The purpose of the Closed Session concerns pending litigation in the
case of Monroe County v. Pedro Liz. CA K 05-420 in which the County is presently a party.
Dated lilt Key West, Florida, this 18th day of October, 2006.
Office of the County Attorney
Publiation dates
Reporter
Keynoter
Key West Citizen
10/27/06
10121106
10/22/06
cc: All Keys Reporting
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: Bd. of Monroe County Commissioners v. Pedro Liz, Case No.: 05-CA-420-K
Dear Mr.Madok:
Please find attached a scan of the transcript of the attorney-client closed session held before the Monroe County
Board of County Commissioners,on November 1,2006,in connection with the above-referenced litigation. 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
DIN cn=Cynthia L.Hall,o=Monroe
County BOCC,on,email=hall-
cynthia@monroecounty-Fl.gov,US
Date:2024.01.16 1541:19-05,00,
Cynthia L. Hall
Senior Assistant Monroe County Attorney
Attachment: Scan of Closed Session Transcript dated 11/01/2006
1
1 MEETING OF THE
2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
3 ATTORNEY—CLIENT CLOSED SESSION
4 RE : MONROE COUNTY v. PEDRO LIZ
5 HELD AT THE
6 HARVEY GOVERNMENT CENTER, 1201 TRUMAN AVENUE
7 KEY WEST, FLORIDA
8 NOVEMBER 1, 2006
9 10 : 45 — 10 : 50
10
11 COMMISSIONERS PRESENT :
12 MAYOR CHARLES "SONNY" McCOY
13 MAYOR PRO TEM DIXIE SPEHAR
14 COMMISSIONER MARIO DiGENNARO
15 COMMISSIONER GLENN PATTON
16 COMMISSIONER GEORGE NUGENT
17 SUZANNE HUTTON, ESQ. , COUNTY ATTORNEY
18 ROBERT B. SHILLINGER, ESQ. , CHIEF ASSISTANT COUNTY ATTORNEY
19 THOMAS J. WILLI, COUNTY ADMINISTRATOR
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1 MR. SHILLINGER: This is the last closed
2 session. Jerry Sanders has left the room. This
3 is a closed session in the matter of Monroe County
4 versus Pedro Liz, CA K 05-420 .
5 The court reporter, county attorney, Suzanne
6 Hutton, Bob Shillinger and the county commissioners
7 and Tom Willi . This has been previously advertised.
8 This is a code enforcement litigation foreclosure
9 case.
10 It started the code enforcement process started
11 back in 2000 or 2001 . A lien was imposed. Violations
12 weren' t corrected. We started to foreclose on the
13 lien. That is the normal practice of what we do
OF14 with these .
15 Mr. Horan has made us aware that Mr. Liz
16 suffers from mental health issues and had him declared
17 incompetent and so he was raising an objection to us
18 going forward with the foreclosure. The basic premise
19 that this man didn ' t have a full appreciation, didn ' t
20 have a sufficient appreciation of what was going on
21 in the process to instigate that he should be allowed
22 to have this property taken by the government because he
23 didn' t take care of the violations .
24 At this point let me make a disclosure. I don ' t
OF
25 think it ' s going to require my recusal or whatever, but
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1 I need to put it on the record that Mr. Liz is the
0,1110,
2 uncle or actually great Uncle of my son-in-law so my
3 daughter is married to his nephew' s son. I just want
4 you all to be aware of that .
5 MAYOR McCOY: I don' t want to hear anything about
6 --
7 MR. SHILLINGER: Just in case you are thinking
8 this is going to --
9 MAYOR McCOY: You have made your statement.
10 MR. SHILLINGER: All right .
11 MAYOR McCOY: We need a recommendation.
12 MR. SHILLINGER: The issues they have raised
13 defense would like us to consider waiving the
14 liens and allowing him to ' just go on. That would
15 not address the problem. What I am proposing and I have
16 gotten tentative approval from Mr. Horan the lawyer for
17 the other side is that we enter into a consent agreement
18 where we would agree to abate all the fines . They would
19 agree to accept service and start remediating, start
20 resolving all of the code violations between now and pick
21 a year. I believe a year would be sufficient . It would
22 resolve not only the code violations here and I will give
23 you little details on that as well as there are ongoing
24 code violations they have because of like sewer hook ups .
25 MAYOR McCOY: Commissioner Spehar.
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1 COMMISSIONER SPEHAR: I like the idea of the one
060 2 year time frame, but will that -- will we have -county
3 attorney time in this also?
4 MR. SHILLINGER: We have some county attorney time
5 in this .
6 COMMISSIONER SPEHAR: I know that we do now but
7 in allowing them one year, will that -- if we have
8 county time involved in this that they will have to pay
9 for that .
10 MR. SHILLINGER: Okay. I will bring back a
11 settlement agreement with these issues in it . I just
12 wanted to see if this is the direction you want me to
13 pursue.
14 MAYOR McCOY: I don' t see anyone shaking their
15 head no.
16 COMMISSIONER NUGENT : I am not shaking my head
17 no, however, how long has this been ongoing. Why do
18 we need to resolve the lien rather then just hold it
19 in abeyance based upon him or his estate or whomsoever
20 resolves the issue because this again is going to be a
21 lengthy ongoing situation sounds like to me, but I
22 get a little frustrated when people essentially thumb
23 their nose at the County over these code
24 enforcement situations and they go on and on when there
25 are avenues to resolve these issues long before they
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1 get to this point right here . And so therefore from
CIO
2 a standpoint of just dissolving the lien I would say
3 let ' s just hold it in abeyance as a sword over this
4 group' s head to make sure that it gets done and if they
5 don' t move forward in a timely fashion then you come back
6 to us and we address it at a later date .
7 MAYOR McCOY: The problem with that was we
8 are dealing with a person that may be declared not
9 competent.
10 MR. SHILLINGER: He has been declared not
11 competent .
12 MAYOR McCOY: And if we do that we are opening
13 up to litigation. Why don' t you go ahead and proceed to
14 make sure all parties are compatible with the thing and
15 we do nothing predicated upon the actions taken by a
16 person who has been declared less then competent by
17 the courts so we want you to proceed in that direction,
18 come to a settlement that is reasonable to the heirs,
19 reasonable to the courts and reasonable to the county.
20 MR. SHILLINGER: What I was intending to do was
21 place the waiver of the fines is the carrot at the end
22 of the rainbow as part of the agreement .
23 MAYOR McCOY: That remains in effect until we
24 have finally come to final --
25 MR. SHILLINGER: I will bring back to you before
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1 we bind the county into an agreement that you can approve
2 and be comfortable with. I just needed that direction.
3 All right . This would conclude the discussion that we
4 had.
5 MAYOR McCOY: The closed session is now
6 terminated. We will reconvene with the public meeting
7 in approximately five to six minutes .
8 MR. SHILLINGER: Okay. Thank you.
9 (Proceedings were concluded) .
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1 CERTIFICATE
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3 STATE OF FLORIDA
4 COUNTY OF MONROE
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6 I, Lisa Roeser, certify that I was authorized to and did
7 stenographically report the foregoing proceedings and that the
8 transcript is a true and complete record of my stenographic
9 notes .
10 DATED this 9th day of November, 2006.
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14 Lisa Roeser
15 Registered Professional Reporter
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