HomeMy WebLinkAboutQ. County AttorneyBOARD OF COUNTY COM[MUSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 12/15/10 - MAR Department: County Attorney
Bulk Item: Yes X No — Staff Contact Person: Pedro Mercado #3173
AGENDA ITEM WORDING:
Approval to advertise a public hearing for an ordinance amending Section 18-27 of the County Code
adding Watson Field on Big Pine Key to the list of County parks.
ITEM BACKGROUND:
The County entered in to a 10 year lease with the Big Pine Athletic Association at the October 2009
regular commission meeting for use of Watson Field on Big Pine Key as a recreational/park area. The
amendment to section 18-27 of the County code will add Watson Field to the list of recognized County
parks and establish rules, regulations and hours of operation for the park and will also establish an area
for use as a dog park.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
Section 18-27 by the BOCC at a regular meeting on January 20, 2010 to add Burr Beach to the list of
County parks.
STAFF RECOMMENDATIONS:
Approval to advertise.
TOTAL COST: Adv costs INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes No
COST TO COUNTY: Adv costs SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
ORDINANCE NO. -2010
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 18-27, MONROE COUNTY CODE, IN
ORDER TO ADD WATSON FIELD PARK TO THE LIST OF
COUNTY PARKS, ESTABLISH THE BOUNDARIES OF WATSON
FIELD PARK, ESTABLISH HOURS OF OPERATION FOR
WATSON FIELD PARK, ESTABLISH AN AREA WHERE PETS
ARE ALLOWED AT WATSON FIELD PARK, AND PROVIDE
FOR RULES AND REGULATIONS FOR USE OF WATSON FIELD
PARK; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR
AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. Section 18-27 of the Monroe County Code shall be amended as
follows*:
Sec. 18-27. - Rules of conduct and operational procedures for certain parks.
(a) Definitions The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
Bay Point Park means the area described as follows: Lots 13, 14, 15, 16,
17, 18, 19 and 20, Block 2, Bay Point Amended Plat, Bay Point Key according to
the Plat thereof as recorded in Plat Book 3, Page 75 of the Public Records of
Monroe County, Florida, RE#'s 00160060, 00160070, 00160080, 00160090,
00160100-0160130.
Bernstein Park means the area described as follows: Lots 1, 2, 3, 4 and 5,
Block 57, George L. McDonald's Plat of Part of Stock Island, less the Westerly
eight feet of Lot 1 and less the Easterly 30 feet of Lot 5, according to the plat
thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida. Also a parcel of submerged land lying South of such Block 57,
less that portion sold to Stock Island Utility Company by Warranty Deed recorded
in Official Records Book 866, Pages 2446-2450, of the Public Records of Monroe
County, Florida, TWP. 67/68 RNG. 25 SEC. 35,36 & 2 RE# 12385 OR 380-381-
382.
Big Coppitt Volunteer Fire Department Park means the area described as
follows: Block 4, Lots 3, 4 and 5 Coppitt Subdivision Amended Plat, Big Coppitt
Key, OR: 761-408, Plat Book: 4-50, Section 22, Township 67S, Range 26E.
Big Pine Key Park means Tract A, Whispering Pines subdivision, Plat #3
as recorded in Plat Book 4 at Page 59 in the Public Records of Monroe County,
Florida (RE#286360-000000) formerly known as Mariners Resort.
Burr Beach Park means the area described as follows: Section 33,
Township 62, Range 38, Park Sunny Haven PB1-185 Key Largo (Alternate Key:
8654944, Parcel ID: 00557181-000000)
Friendship Park means the area described as follows: Lots 29, 30, 31 and
32, Block 2, Hibiscus Park Subdivision. Lots 15, 16, 17, 18, 19, 20 and 21, Block
4, Industrial Acres Subdivision, Section 22 & 27, Township 61S, Range 39E.
Garden Cove Park means the area described as follows: Tract F, Key
Largo Beach, a subdivision in Section 33, Township 61 South, Range 39 East,
Key Largo Key, Monroe County, Florida, as recorded in Plat Book 2, page 149,
Public Records of Monroe County, Florida.
Harry Harris Park means the area described as follows: Portions of
Government Lot 3 and 4, Section 27, Township 62S, Range 38E, lying in open
waters of Tavernier Harbor and Florida Bay. Government Lot 3, Section 27,
Township 62S, Range 38E, Key Largo, Monroe County, Florida, as per
Government Township Map made in 1873 and approved by the Surveyor -General
in 1874, less the following described portion thereof, that is above the mean high
tide line: Beginning at the SE corner of such Government Lot 3 and run N on the
E line of Government Lot 3, a distance of 27 feet more or less to the mean high
tide line on the shore of Florida Bay; thence SW'ly meandering such mean high
tide line, a distance of 55 feet more or less to the S line of such Government Lot
3; thence E on the S line of such Government Lot 3; a distance of 38 feet more or
less to the point of beginning. Government Lot 4 in Section 27, Township 62S,
Range 38E, Key Largo, Monroe County, Florida, as per Government Township
Map made in 1873 and approved by the Surveyor -General in 1874, less the
following described portion thereof, that is above the high tide line: Beginning at
the SW corner of Government Lot 4 and run E on the S line of such Government
Lot 4, a distance of 220 feet more or less to the shore line on the W side of
Tavernier Harbor; thence NW'ly along such shore line a distance of 400 feet more
or less to the W side of such Government Lot 4, thence S 13 of 30' W along such
W side of Government Lot 4, a distance of 400 feet more or less to the point of
beginning. The above two parcels contain a net acreage of 70.98 acres, more or
less.
Key Largo Community Park means Lots 312 to 384, Port Largo Fourth
Addition, Section 33, Township 61S, Range 39E, Monroe County, Florida. This
parcel contain 615,623 square feet.
2
Little Duck Key Park means the area described as follows: Little Duck
Key, Lot 1, Section 19, Township 66S, Range 31 E, OR: 15-374-376, RE#
00106160-000000; Alternate Key: 1124800.
Old Settlers Park means the area described as follows: A tract in
Government Lot 2, Section 34, Township 62 South, Range 38 East, comprising
portions of Lots 16 & 17, according to the George L. McDonald Plat of the
Albury property, as recorded in Plat Book 1, Page 64, RE# 90020, 90030, 90040-
0001, 90070, 90090, 90100, 90120 and 90130 and that portion of Lot 16 as
identified in Book 397 Page 737 of the Official Records of Monroe County.
Palm Villa Park means the area described as follows: Park -Palm Villa,
Big Pine Key RE# 00285080-00000; Plat Book 1-89, Section 23, Township 66S,
Range 29E (.61 acres).
Ramrod Park means Lot 2, Block 3, Silver Shore Estates, according to the
plat thereof as recorded in Plat Book 4, Page 111 of the public records of Monroe
County, Florida, RE# 00211080-000000.
Sunset Point Park means the area described as follows: Tract A of Sunset
Point, according to the Plat thereof, recorded in Plat Book 2, Page 81 of the Public
Records of Monroe County, Florida, together with all riparian rights thereunto
belonging or in any use appertaining, less the following tracts: Less that part of
Tract 4 above described as platted in Sunset Point Addition, according to the Plat
thereof, recorded in Plat Book 3, Page 41 of the Public Records of Monroe
County, Florida, and thereon referred to as Lot 12 and Sunset Lane; and Less a
tract or strip of land ten feet wide and extending from the "Boat Basin" as shown
on the plat of Sunset Point Addition above referred to and running parallel to the
SW'ly boundary line of such Lot 12 and the SW'ly line of Sunset Lane and as
shown on such plat and such strip ten feet wide extending as above stated from
the "Boat Basin" to the north line of Sunset Road.
Watson Field Park means the area described as follows: Section 23
Township 66 Range 29 Pine Key Acres TRACT U OR801-854 RE # 00111072-
046000 and Section 23 Township 66 Range 29 Pine Key Acres TRACT II
OR801-854, RE # 00111072-045000, Big Pine Key.
Wilhelmina Harvey Park means the area described as follows: Block 2.
Lot 4, 5, 6 and 7, amended Plat of Coppitt Subdivision, Section 22, Township
67S, Range 26E as recorded in Plat Book 4, Page 50 of the Public Records of
Monroe County, Florida. Such amended plat is a resubdivision of that subdivision
originally recorded in Plat Book 3, Page 116.
(b) Posting signs of enhanced penalties under F.S. § 893.13(l)(d). The
director of facilities maintenance shall place signs warning of enhanced penalties
under F.S. § 893.13(1)(d) for persons selling, manufacturing, delivering, or
possessing with the intent to sell, manufacture, or deliver, a controlled substance
3
within 200 feet of the parks listed in subsection (a) of this section. The signs shall
be placed at each park entrance and at other locations near the parks' boundaries
as the director of facilities maintenance shall consider likely avenues of exit and
entry.
(c) Park hours.
(1) The parks and beaches listed above are open to the public, Monday
through Sunday, for 7:30 a.m. until sunset with the following exceptions:
• Bay Point Park, and Bernstein Park is open everyday from 7:30
a.m. until 10:30 p.m.;
• Big Coppitt Volunteer Fire Department is open everyday from
7:30 a.m. until 10:00 p.m.;
• Burr Beach Park is open everyday from sunrise until sunset;
• Friendship Park is open everyday from 7:30 a.m. until 8:30 p.m.;
• Key Largo Community Park is open everyday from 7:00 a.m. to
9:00 p.m.;
• Big Pine Key Park is open everyday from 7:30 a.m. to 8:30 p.m.;
• Watson Field Park is open everyday from 7:30 a.m. to 10:00
p.m.
(2) All persons and their vehicles that enter the parks during the open
hours must leave the parks by closing time, unless prior approval has been
granted by the Monroe County Public Facilities Maintenance Director, or
his/her designee, by way of a use form for a specific event. Any vehicles
in the parks when the parks are closed will be towed away at the vehicle
owner's expense.
(d) Special events and assemblies.
(1) Any person or organization that holds or conducts at any of the
parks listed above, a public assembly that is subject to Ordinance No. 030-
1996 (ch. 10.5, art. II), must obtain approval under the provision of that
ordinance.
(2) Any person or organization who holds or conducts any special
events or assembly not subject to Ordinance No. 030-1996 (ch. 10.5, art.
II) must obtain approval and scheduling through the parks and recreation
coordinator (the coordinator) subject to already scheduled activities. A
complete application and proof of insurance (if required) must be
submitted to the coordinator at least seven days prior to the event or
assembly.
11
(3) Athletic activity organizers who wish to use the recreational
playing field on multiple occasions during a sports season must obtain
approval from and schedule their activities with, the coordinator before the
beginning of the season.
(4) Athletic activity organizers who wish to use the tennis courts for
tournaments, etc., must schedule their activities with the coordinator
before the beginning of any such event.
(5) Events charging admission shall only take place in the area
designated by the county parks and recreation division and the admission
fees shall be collected only at such area as the coordinator designates.
(e) Tennis court, basketball court, and ballfield lights. Tennis court,
basketball court and ballfield lights may be used Monday through Sunday from
ten minutes before sunset until closing time. Only public works employees may
operate the lights. The use of the ballfield lights must be approved by the county
parks and recreation coordinator in advance. Requests for the use of ballfield
lights must be in writing, submitted to the coordinator no later than 48 hours for
weekdays and 72 hours weekend use prior to the intended dates, on an approved
county use form.
(f) Fires permitted only in designated areas. No person shall cook or light or
maintain any cooking fire, campfire, or other fire at any park except in county -
provided permanently installed grill structures or personal barbecue grills in
designated areas.
(g) Signs. The director of facilities maintenance must post each park entrance
with a sign briefly summarizing the park rules established by this chapter.
(h) Admission fees (noncounty residents only). Federal holidays and
weekends. Admission fee for Harry Harris Park is $5.00 per person plus an
additional $10.00 boat ramp fee for watercraft vessels with trailers.
(i) Golf balls. No person may hit or otherwise propel, place or leave golf
balls in any county park.
Q) Commercial activities. There shall be no commercial activity of any type
on any county beach or park, including, but not limited to, those listed in this
section, without a lease or license from the county.
(k) Prohibited domestic animals; exceptions. Except for animals that assist
disabled persons, and except as provided in subsections (1) and (m) of this section,
domestic animals are prohibited from all county parks. No person may cause or
allow any domestic animal (of whatever size), other than an animal that assists a
disabled person, to be brought to, or remain on, any county park other than those
listed in subsection (1) and (m) of this section.
5
(1) Pet regulations.
(1) Pets are allowed at Key Largo Park, Old Settlers Park, Wilhelmina
Harvey Park, Sunset Point Park and in those parts of Harry Harris Park,
and Higgs Beach County Park, and Watson Field Park specified in
subsection (1)(2) of this section, subject to the following regulations:
a. Pets must be leashed on a leash no greater than eight feet
long, unless and while in the water and wet sand area of Sombrero
Beach Park;
b. Owners must clean up after pets and properly dispose of
waste. The county shall provide Mutt Mitts and Doo-Drop In
stations for this purpose; and
C. Pets exhibiting aggressive behavior or creating a nuisance
must be immediately removed from the park.
(2) Pets are allowed at Higgs Beach County Park in Key West on
paved surfaces and on the open spaces lying southerly and easterly of
West Martello Towers, and southerly and easterly of the fence
surrounding the FAA tower parcel. In Harry Harris Park, pets are allowed
in the green area north of the boat ramp with the exception of the ballfield.
In Watson Field Park pets are allowed in the fenced area east of the
softball fields, west of the tennis courts and south of South St
(3) Pets are allowed at Ramrod Park subject to the following
regulations:
a. owners must clean up after pets and properly dispose of
waste;
b. Pets exhibiting aggressive behavior or creating a nuisance
must be immediately removed by the owner;
C. All dogs must have current rabies vaccinations and county
licenses and be wearing their tags while in the park;
d. Dogs in heat, ill and having excessive fleas, ticks, or other
internal or external parasites are not allowed;
e. All dogs must be accompanied at all times by an adult
human owner or handler;
f. There shall be no more than three dogs per owner or
handler per visit;
g. Puppies under four months are not allowed; and
h. If a dog digs, the dog must be stopped immediately and the
owner/handler must fill the hole.
(m) Greenspace. An open greenspace may be enclosed at Higgs Beach County
Park, located as set forth in attachment A to the ordinance from which this section
is derived, provided that the enclosed greenspace shall meet the following
minimum requirements:
(1) There shall be a fence four to six feet high with a minimum access
of a double entry gate and one maintenance gate.
1.1
(2) There shall be an area partitioned off for use by small dogs (under
25 pounds).
(3) There shall be a waste disposal station with plastic bags and a
covered garbage can by each entry gate.
(4) Lighting and water utilities shall be provided.
(5) There shall be signage with rules for enclosed greenspace use.
Such rules shall include, but not be limited to:
a. Owners must clean up after pets and properly dispose of
waste;
b. Pets exhibiting aggressive behavior or creating a nuisance
must be immediately removed from the enclosed greenspace;
C. Children under age six are not allowed. Children under age
16 must be accompanied by an adult;
d. All dogs must have current rabies vaccinations and county
licenses and be wearing their tags while in the enclosed
greenspace;
e. Dogs in heat, ill and having excessive fleas, ticks, or other
internal or external parasites are not allowed;
f. All dogs must be accompanied at all times by an adult
human owner or handler;
g. There shall be no more than three dogs per owner or
handler per visit;
h. Puppies under four months are not allowed;
i. If a dog digs, the dog must be stopped immediately and the
owner/handler must fill the hole;
j. Park gates may not be left open at any time;
k. No rollerblades, skateboards, or bicycles are allowed in the
enclosed greenspace;
1. The hours shall be from 6:00 a.m. to 11:00 p.m. daily; and
M. The board of county commissioners may establish
additional rules governing the enclosed greenspace by further
ordinance.
n. Pets are allowed at Key Largo Park, Old Settlers Park,
Wilhelmina Harvey Park, Sunset Point Park, Big Pine Key Park,
and in those parts of Harry Harris Park, and Higgs Beach County
Park, and Watson Field Park specified in (o), subject to the
following regulations:
1. Pets must be leashed on a leash no greater than
eight feet long.
2. Owners must clean up after pets and properly
dispose of waste. The county shall provide Mutt Mitts and
Doo-Drop In stations for this purpose.
3. Pets exhibiting aggressive behavior or creating a
nuisance must be immediately removed from the park.
(n) Skating, rollerblading and skateboarding. No person shall skate,
rollerblade, skateboard or perform any similar activity in any area of Key Largo
Community Park except where designated by posted signs. Rules regulating the
use of the skate park at Key Largo Community Park shall be established by
resolution of the board of county commissioners or the county's contracted park
operator, shall be provided to users, and shall be posted at the skate park.
(o) No person shall skate, rollerblade, skateboard, play racquetball, handball,
roller hockey, use the multi -purpose courts, fitness stations or perform any similar
activity in any area of Big Pine Key Park except where designated by posted
signs. Rules regulating the use of the skate park at Big Pine Key Park shall be
established by resolution of the board of county commissioners or the county's
contracted park operator, shall be provided to users, and shall be posted at the
skate park.
(Code 1979, § 13.5-5; Ord. No. 1-1997, § 2; Ord. No. 13.5-1998, §§ 3-9; Ord.
No. 36-1998, § 3; Ord. No. 24-1999, § 1; Ord. No. 43-1999, §§ 1, 2; Ord. No.
37-2000, § 1; Ord. No. 40-2000, § 1; Ord. No. 42-2000, § 1; Ord. No. 19-2001,
§ 1; Ord. No. 21-2001, § 1; Ord. No. 30-2001, § 1; Ord. No. 011-2002, §§ 2-
5; Ord. No. 028-2002, § 1; Ord. No. 029-2002, §§ 3, 4; Ord. No. 032-2003, § 1;
Ord. No. 001-2004, § 1; Ord. No. 034-2004, § 1; Ord. No. 020-2006, § 1; Ord.
No. 027-2007, §§ 1-3; Ord. No. 041-2007, § 1; Ord. No. 016-2008, §§ 1-4;
Ord. No. 001-2010, §§ 1, 2)
Section 2. If any section, subsection, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated
in the Code of Ordinances of the County of Monroe, Florida, as an addition or
amendment thereto, and shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 5. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
* - Deleted language is shown with strikethrough's, new language is shown in underline.
PASSED AND
County, Florida, at a
201_.
ADOPTED by the Board of County Commissioners of Monroe
regular meeting of said Board held on the day of
Mayor Heather Carruthers
Mayor Pro Tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
Mayor Heather Carruthers
Mo - OUNTY TTUH tT .
RO ED A F
P
SISTANT COU TY ATTORNEY t
16
Date
E
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2010 Division: County Attorney
Bulls Item: Yes _X_ No _ Staff Contact Person/Phone 4: Lisa Granger/295-3170
AGENDA ITEM WORDING: Approval to accept the donation of seven parcels on Key Largo,
Big Pine Key, Little Torch Key and Summerland Key for conservation and $7500 as settlement
of outstanding code enforcement fines.
ITEM BACKGROUND: In 2007, the Land Authority entered into a contract to purchase the seven
lots for $16,112.65. The transaction did not close because the seven lots were encumbered with liens in
favor of Monroe County due to code violations on three other properties owned by the Seller.
Additionally, the Seller executed a trust and ownership of the lots and the three properties were placed
in the trust. Subsequently the Seller passed away. The County filed a complaint for foreclosure against
the Seller but the Circuit Court dismissed the complaint. The complaint asked for money judgments in
the amounts of $144,200, $547,600 and $68,650. The majority of the code violations arose from failure
to maintain the buildings and the grounds in a safe and sanitary condition. The County believes that the
Seller was experiencing health problems at the time of the code violations. The amounts requested in the
foreclosure complaint were based upon the outstanding code enforcement fines. The County's chance of
collecting full payment of the outstanding fines is very low because the estate is cash poorthe original
offer price was much lower than the original liens, and the foreclosure action was dismissed by the
court. The Land Authority desires the seven lots because they are all tier one parcels, containing
wetlands and hard wood hammocks. As part of a recently negotiated settlement with Monroe County
Code Compliance, the Seller proposes to donate rather than sell the seven lots to the Land Authority
and to pay $7500 as payment in full on the outstanding code enforcement liens. The subject properties
of the code enforcement actions are all in compliance.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Accept the proposed settlement of the donation of the seven
lots to the Land Authority, waive the requirement for a recorded right of access to the
Summerland Key parcel and accept $7500 as payment in full on the outstanding code liens and
agree to provide to the Seller, the release of the liens which will be executed by the Assistant
County Attorney for Code Compliance upon transfer of the ownership of the seven lots and
payment in full of the $7500.
TOTAL COST: INDIRECT COST: BUDGETED:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION:
AGENDA ITEM #
Revised 1/09
DISPOSITION:
AGENDA ITEM #
Revised 1/09
Y+
WMdALCODE ENFORCEMMASTER
J. JEFFERSON OVERBY
MONROE COUNTY, FLORIDA
MONROE COUNTY. FLORIDA
Petitioner.
" s.
ALAIN DEPIERREFEU
Respondenl(s).
CASE NO. NZ-02-192
NOTICE OF ADMINISTRATIVE HEARING
TAKE NOTICE that the Monroe County Code Enforcement Department has requested
the Monroe County Special Master, J Jefferson Overby to conduct an administrative hearing
regarding the violations listed below which are alleged to have been or are being committed on
the premises described as:
LEGAL DESCRIPTION: Lot 1 Block 19, Sands Subdivision
STREET: Avenue B
KEY, Big Pine
RE#: 00302180-000000
NIONROE COUNTY, FLORIDA
MONROE COUNTY CODE SECTION(S):
REPEAT VIOLATOR"
Section 6-4(a) Unsafe buildings.(a) Abatement Requured. All unsafe buildings shall be
abated using the Standard Unsafe Building Abatement Code, 1997
edition, promulgated by the Southern Building Code Congress
International, Inc., subject to all amendments, modifications or
deletions herein ter contained.
The Special Master of Monroe County, pursuant to Chapter 162 Ronda Statutes ,and the Monroe
County Code, has scheduled a Hearing to be held at THE MONROE COUNTY
GOVEItIVMENT REGIONAL CENTER, 2798 OVERSEAS HIGHWAY, '.MARATHON,
FLORIDA at 10 00 A.1vl. ON MAY 20r" 2002.
The purpose of this hearing is to determine if in fact a violation or violations currently exist, the
appropriate action to be taken, if any is required, and any fines orpenalties to be imposed,
If the violation is corrected and then recurs or if the violation is not corrected by the °.ime
specified for correction by the Code Inspector, the case may be presented to the Special Master.
even if the -violation has been corrected prior to the hearing.
YOU ARE REQUESTED TO APPEAR AT THIS HEARING to present evidence
an&or testimony on your behalf.. You may appear in person andor be represented by an
attorney. If you are represented by an attorney, your attorney must file a notice to appear with
this office pnor to the hearing. YOUR FAILURE TO APPEAR MAY RESULT L'% A FINE
OR PENALTY BEING IMPOSED AGAINST YOU AND A LIEN BEING IMPOSED
UPON YOUR PROPERTY
SHOULD YOL SEEK A CONTINUANCE OF YOUR CASE SAID REQUEST MUST
BE 1N WRITTEN FORM AND MUST BE RECEWED BY THIS OFFICE FOR
CONSIDERATION BY THE SPECIAL MASTER NO LESS THAN f1yK_(5J WORKING
DAYS PRIOR TO THE HEARING DATE. SAID REQUEST MUST EXHIBIT JEST
CAUSE OR IT WILL BE DENIED ALL REASONABLE REQUESTS tit'ILL BE
CONSIDERED; HOWEVER A REQUEST FOR A CONTINUANCE DOES NOT
GU-%RANTEE A POSTPONEMENT OF YOUR HEARING!!
IF YOU ARE FOUND IN VIOLATION OF MONROE COUNTY CODE.
ADMINISTRATIVE COSTS .IN THE ANIOUNT OF SI00.00 (ONE HUNDRED DOLLARS,
MAY BE LEVIED FOR ADMLN7STRATIVE RECOVERY FOR PROSECUTION AND
INVESTIGATION IN ADDITION TO THE REQUIRED COkIPI.14ONCE. FAILURE TO PAY
THESE COSTS WILL RESULT IN A LIEN AGAINST THE LAND ON w7i!CH 'rn r
1"'IOLATION EXISTS AND UPON ANY OTHER REAL OR PERSONAI.. PROPS- :R'rY
OWNED BY THE VIOLATOR, AND MAY RESULT IN POSSIBLE FOREi;IOSURE
ACTION
IF THE RESPONDENT FAILS TO ,APPEAR, AND/OR IF A CONTINUANCE IS
GRA'VTED AT THE REQUEST OF�THE RESPONDENT, IT 1S H1SMER
RESPONSIBMITY TO CONTACT THE CODE ENFORCEMENT_FI OFCE AT
305)289.2509 FOR INFORMATION CONCERNING THE SPECIAL 4IASTER S
RUI 1NG N-DIOR ANY CONTINUANCES TBaT MAiY HAY E BEEN GRANTED.
Please be advised that a record is required to appeal any decision made by the Specxao
Master. If you decide to appeal any decision made at the subject hearing. you will need to ensu e
,hat a ,erbaurn record of the proceedings is made, which record includes the testimony and
t�
e% idence upon which the appeal is to be based. r;
YOUR ATTENDENCE IS NOT REQUIRED IF:
YOU WISH TO ADMIT TO THE VIOLATION(S) AND NEED ADDITIONAL
TIME TO COMPLY: HOWEVER, YOU MUST COMPLY WITH THE
FOLLOWING INSTRUCTIONS:
1) YOUR ADMISSION MUST BE IN WRITING AND FAXED
TO (305}289 2596, ATTN, JACKIE IMCLAI-N, OR MAILED
1111111
TO MONROE COUNTY CODE ENFORCEMENT, 2798
OVERSEAS_ HIGHWAY, ,SUITE 330, MARATHON, FL 33050.
2) SAID REQUEST MUST BE RECEIVED AT LEAST FIFE
_ ._ . __.
WORKING DAYS PRIOR TO THE SCHFDUI ED
HEARING.
3) SAID RE UEST MUST INCLUDE ADMISSION TO ALL
VIQLATIONM AS CHARGED.
4) SAID RE- UEST MIST INDICATE THE A1LtOCtiT OF
TIME YOU ARE REQUESTING TO BRING THE
VlOkATINTO FULL COMPLIANCE WITH
MONROE COUNTY CODE. THE DATE_ REQUESTED
DOES NOT GUARANTEE APPROVAL BY THE
SPECIAL MASTER!!!!!!l
" 8n.
Monroe County, FlOrW's
Notice of Violation
Case Number. 00497B (AMENDED)
TO:
Alain Y, Depierrefn
P.O. Box 1026
Summerland Key, FL 3042
Key: Summerland
[RE
n: 36 TWN:66 Range:28
vision:
Bik Trad NN
NHes RoIN
nt Zoning:
umber 0010S 47
ate Key:
The Code Enforcement Department on September 13. 2000 conducted an inspection of the premises described
above. An initial determination has been made that a violation of state law or county code exists. The specific
violation(s) iVare determined to be as follows:
S'I'ATUTEICODE NO.
DESCRIPTION OF VIOLATION
SECTION 19-95
ABANDONED VEHICLE(S)
SECTION 19-%
ABANDONED WATERCRAFT
SECTION 6-16.2
STANDARD UNSAFE BURMING ABATEMENT CODE
lOIA MAINTENANCE ALL BUILDINGS SHALL BE
MAINTAINED IN A SAFE AND SANITARY
CONDITIONS
SECTIONS-30(b)(e)
FAILURE TO MOW PREMISES AND/OR CLEARED
OF DEBRIS NO LESS THAN ONCE EACH THREE (3)
MONTHS AS FOLLOWS: ONCE DURING THE
PERIOD FROM JANUARY FIRST THROUGH MARCH
THIRTY-FI M, ONCE DURING THE PERIOD FROM
APRH. FIRST THROUGH JUNE THIRTIETH; ONCE
DURING 7W PERIOD FROM JULY FIRST
THROUGH SEPTEMBER THIRTIEM AND ONCE
DURING THE PERIOD FROM OCTOBER FIRST
THROUGH DECEMBER THIRTY-FUM.
SECTION 8.86
PROHIBITED ACTS
SECTION 8.72(CCC)
(DEFINITION) -SEE ATTACHED
Monroe County codes arc located at:
y►ww.to.mooroe.Mus, then droose Monroe County Coda
In order to correct the violatiou(s) noticed above, you are requested to tape the fenwring action before
10 DAYS AFTER RECEIPT OF THIS NOTICE
19-95 - 1) Vehicles must be currently operative and currently licensed; or 2) Remove inoperative and/or
unlicensed vehicles from the property; or 3) Store inoperative andfor unlicensed vehicles in a completely enclosed
garaLte.
19-96 - 1) Watercraft must be currently operative and currently licensed•, or 2) Remove inoperative and/or
unlicensed watercraft from the property-, or 3) Store in a completely enclosed garage.
6-16.2 - Please contact the Monroe County Building Department at (305) 292-4490 or (305) 299-2550
and; I) Obtain a building permit to bring up to code; or 2) Obtain a demolition permit and remove
offending structure as directed by the Building Department.
8-30(b)(e) — Mow and/or clear the premises of debris within 10 days of receipt of notice of violation. The record
title owner of said land shall be responsible for compliance with section 8-30,
846 —Bring into compliance.
This notice is intended to seek your cooperation in correcting the vie s) described above without having to
mitiate proceedings before the Code Enforcement Special Master or court system. The Code Enforcement
Department will attempt to help you correct die viohmtion(s).1f you feel you need an extension of time to comply
with the action requested above, please emeat Department. Any extension of time, if
granted, will not exceed ten (10) days. P�gg�}F$
The violation(s) listed herein do not necessarily constitute all the violations, which may exist with regards to this
matter{property. Lack of enforcement proceedings at this tame does not constitute a waiver of the right to future
prosecution.
NOTE: If the violation(s) are corrected then recur, or if the violations) are not corrected by the time specified by
the Code Enforcement Inspector, the case may be presented to J. Jefferson Overby. the Code Enforcement Special
Master. e,.en if the violation has been corrected prior to the Special Master Hearing.
Your cooperation in this matter will be greatly appreciated-
Date: 10/30/00-161
Bass, Code Enforcement Inmpector
I hereby �:ertify that copy hereof has been furnished to the above -named addressees) by Certified mail, Return
Receipt Requested, No. Z 204-346-510, on 10/30/00. /J _
Date: 10.130" 00 'rt 1
Cod afottxment DeInewi
FLORIDA STATUTE 162 AND MONROE COUNTY CODE, SECTION 6.34 AUTHORIZE CODE
ENFORCEMENT PROCEEDINGS.
CODE VIOLATIOINS WHICH ARE NOT CORRECTED WITH94 THE TIME SPECIFIED IN ` 1US
NOTICE MAY BE REFERRED TO THE MONROE COUNTY CODE ENFORCEMENT SPECIAL
MASTER FOR AN AD&WOSTRATIVE, NON -CRIMINAL .HEARING, CONCERNING THE ALLEGED
VIOLATION(S).
YOU MAY APPEAR AT THE HEARING IN PERSON ANWOR BE REPRESENTED BY AN
ATTORNEY. YOU WILL BE RESPONSUILE FOR THE ATTORNEY FEES.
YOU MAY ALSO PRESENT THE SPECIAL. MASTER WITH DOCUMENTS AND OTHER EVIDENCE
ON YOUR. BEHALF.
IF THE SPECIAL MASTER DMRM 4ES THAT A VIOLATION EXISTS, YOU MAY BE ORDERED
TO TAKE CERTAIN ACTIONS TO CORRECT THE VIOLATION(S).
PER FLORMA STATUTE 162J19(2)(a), FAILURE TO CORRECT THE VIOLATIONS) MAY IMPOSE
FINES OF UP TO $250 PER DAY FOR A FIRST VIOLATION AND SHALL NOT EXCEED S500 PER
DAY FOR A REPEAT VIOLATION.
FINES THAT ARE NOT PAID MAY BECOME LIENS UPON YOUR PROPERTY AND BE RECORDED
IN THE PUBLIC RECORDS OF MONROE COUNTY.
A COPY OF THE STATE LAW AND THE MONROE COUNTY CODE IS AVAILABLE FOR YOUR
INSPECTION AT EACH OF THE AREA OFFICES LISTED BELOW.
PLEASE CONTACT THE CODE ENFORCEMENT DEPARTMENT OFFICE UPON CORRECTION OF
THE VIOLATION SO A RE -INSPECTION MAY BE CONDUCTED OF THE PREMISES.
CODE ENFORCEMENT OFFICES:
MiddleKays:
2798 Overseas Highway, Suite No. 330 - Marathon. Florida 33050 - (305) 289-2556
0
Monroe County, Florid:
madam oiviota6on A AllCa
Case Ntamber: 00-�_B
STATE OF FLORIDA
COUNTY OF MO,,N``ROE
Before me tins � day of Iyt, • 20M.
PmanalIY qpemed the mdusipeci.who bemg by me
fort duly sworn, did depose and say'
1. 1 am a Code Enforcement Officer employed by
mowoe County. Flanda.
&.dos: 0�3 TWN. Rmc Qs
Subdivision:
Ba,'. L U CNN
Serest: ti,' ks ,Pd Current zonte 1L
IRE Naamber. WYN4'zQ - Wy6
OR:
Alteroatr Key: //�%
-
On t day of _ .2000 1 paMWIY mspcctcd the above delmled premises and toot
the photogaphs attached below and u mbered t through I I - These pbotoFapbs acstnnteiy pomay she no> s)
on the premises at the time the photogapbs were rural. Based upon my mvesdgrAm I detammed that the
followutg violations) were presm an the
STATUTE CODE NO.
19-95 Abandoned Vehicle(s)
jk�(,16.2
O 8 30(a)(e)
0 8.33
O 9-S-111(s)
O 9.3.126(a)
0 9.5-281
Abandoned Watercraft
Umafe Stroctare
Trask & Debris
Trob & Debris and Mow
U damping
Building w/o Permit
Permit Requirements
Minimum Yards (setbacb)
9.3-242(ax4) Horne
0 9.5-M2(axs) Accessory Ums in IS sub...
0 9.&317(s) Standards for -
0 9.S-317(b)(7) Enclosure below base..»
0 9jv�317(bxl)(dgviii) Below base flood....
0 9.5-M _ General Provisions (signs)
O 12.1-1 Informational
0 12.1 2 Informational
0 M129 Panting of Uselm. tratkn-
J
0 -
SUMMARY DESCR>p now OF VIOLATION
0 -
gpr SUBSCRIBED before the on the COD RC
day PTT
r NOTARY 1C
EMY
D WOO¢B= ,SJATE OF MORIDA AT LARGE
t ___SfA7 CCmJAPLnv
ON rv0. CCa05327
dNEfP,-d
1,
I�
MOOI'Ot3 �ORIItpr F
Nodee of Violadon
Case Numbers 00.4TIB
TO:
Alain Dgrartefeu
PO Box 1026
Summaland Key, FL 33042
A_ Hernandez
601 Duval Street
Key West. FL MM
71tc Code Eft Depsamaw on August X 2000 coated on wispection of the peemiva desaibed dom An mod
dewmmati has been made that a vwlation ofam law or corm y coda a uaL The specific vioiat oa{s) Ware determined to
be as folio
SECTION I" ABANDONED VEHICI .M
SECTION "O(bKe) FREM ISES TO BE CLEANED OF TRASH AND DEBRIS AND FAILURE
TO MOW PREMISES ONCE EVERY THREE (3) MONTH& FOR THE
PURPOSES OF HEALTH, SAFETY AND GRMMAL WELFARE OF THE
RESIDENTS OF PLATTED R L SUBDIVISIONS IN THE
COUNTY. ALL RESIDENTIAL SURDIVISION LOTS. VACANT OR
OCCUP11W, SHALL HE MOWED AND/OR CLEARED OF DEBRIS NO
1.Bffi THAN ONCE BACK THREE M MONTHS AS FO1.I.OWSs ONCE
DURING TUB PERIOD FROM JANUARY FIRST THROUGH MARCH
THRTV-F1R.RT: ONCE DURING THE PERIOD FTMM APRIL FIRST
THROUGH JUNE THE T1 ICTRI ONCE DURING THE PERIOD FROM
JULY FIRST THROUGH SEPTEMBER THIRTIETH; AND ONCE
DURING THE PERIOD FROM OCTOBER FIRST THROUGH
DECEMBRIt THIRTY-FIRST.
Monroe County codes ate located at www.eo.rnoaroedl.aa rhea choose Monroe Canny Code.
to order to correct the s) noticed above, you are requaloil to raise the tollowmg add before
10 DAYS AFTER RECEIPT OF THIS NOTICE
19-95 - 1) Vehicles must be currently opeative and nun ady or 2) Remove ve andier unlicorned vehicles
from rho property: or 3) Store moperstNe and/or unlicensed vehicles in a completely eactosed garage. 8-30(bKe) - Mow the
p"misea within to days of ream of notice of vxhd m. The or title owner of said land shall be responsible for
compliance with suction 9-30.
This notice is intended to seek your 000pmation In correcting the s) described above without having to initiate
proCeedings before the Code Enhircemeal Special Master or court system. The Code Fafor0affxot Deportment wiD attempt to
help you correct the viobbon(s). if you feel you reed an extenian of than to comply with the action requested above, please
contact the Coda Enfomememt Department Any u of thee, if granted, will out voted to (10) days.
The vvistion(s) listed herein do not rteaaseily eonstrtute all the violation, which may exist with regards to this
mattertptopaty. l.aa of a dwe mwA ptooeedings at this time does not amstiate a waiver of the right to fiture prosecution.
NOTE: If mho vioiaptm[s) errs corrected mom recut or if the viohtino(s) ate not corroded by the time specified by the Cade
Enforcement Inspector, the an may be presented b L IeBasan Overby. the Code Enforcement Special Mader, rust if the
violation has beat. aurected prior to the Sp0cW Mesta Hesazfmg.
Your cooperation in this matter will be greatly appreciated. !Acre n* to nrr+�at SW O/Ak xvI+fi
01/03/01
Enforcement
I hereby ratify that copy hereof has been fitnisbed to the _ ems) by Certified mail, Return Ream
Requested. Nor 7099 3400 000D 2656 2357, on 01o03101.
Dom= 0 s 101Ilk
Code !!Pumtnt Department
Maaalm andphom nrrarbaz.
sP 10, HIM
Case Number 00.479B
rin3l
Alain Deiierlefeu
PO Box 1026
Summalwil Key, FL 33042
Notice~ of Violation
Key: Big Pine
2s TWN:66
Subdivision: Salo
Lot: I BQa 19
Strom Avenue 8
Current Zonlog: IS
RE Number, 00302130-OODDOO
OR:989 Page.-1694
Alternate Key: 1374237
Ra 29
The Code Enfnrcanent Depuronent. an Augm 3, 2000 conducted an _inspection of the premism described above. An inand
determination has bmn made that a violatttou of state law or county code exists. The specific vie ions) is/am deftuniud to
be as follows.
tit
SECTION 19-95 ABANDONED VEHICLE(S)
SECTION 8•&30(bxe) PREMISES TO BE CLEANED OF TRASH AND DEBRIS AND FAi witz
TO MOW PREMISES ONCE EVERY THREE (3) MONTHS FOR THE
PURPOSES OF HEALTH. SAFETY AND GENERAL WELFARE OF THE
RESIDENTS OF PLATTED RESIDENTLOLL SUBDIVISIONS IN THE
COUKTY, ALL RESIDENTIAL SUBDIVISION LOTS, VACANT OR
OCCUPIED; SHALL BE MOWED AND/OR CLEARED OF DEBRIS NO
THAN ONCE EACH THREE (3) MONTHS AS FOLLOWS: ONCE
DURING THE PERIOD FROM JANUARY FIRST THROUGH MARCH
THIRTY-FIRST. ONCE DURING THE PERIOD FROM APRIL WOW
6 THROUGH JUNE THIRTIETik ONCE DURING THE PERIOD FROM
JULY FIRST THROUGH SEPTEMBER THIRTIETH; AND ONCE
DURING THE PERIOD FROM OCTOBER FIRST THROUGH
DECEMBER THIRTY-FMW.
Monroe County codes are located at wwrr co monn r fLm than dwm Monroe County Code.
In order to comet the s) noticed above, you are requested to *mica the hilowing action before
10 DAYS AFTER RECEIPT OF THIS NOTICE
19AS • 1) Vehicles must be aormttly operative and etnrrsaly licensed; or 2) Remove eve endfoar unlicensed vrdtides
from the propaw. or 3) Store mopastive andior unlicensed vehicles in n completely enclosed garage. 8-30(bKe) - Mow the
prances within 10 days of rec pt of entice of violation. The record title owner of said land shall be responsible for
compliance with action 8-30.
This notice is Emended to seek your cooperadoa in correcting the violation(s) described above without having m hintm
proceedings before the Cale Enforc=M Special Master or count system. The Code Enforcement Department will -- to
help you correct the viohbon(s). If you feel you need an exl ension of time to comply with the action requested above, please
contact the Code Enforcement Department. Any extension *fume, K granted, will not exceed ten (10) days.
The violation(s) listed herein do not necessarily consulate all the vlabnm% which may exist with regu 1, m this
mauerANW sty. Lack of enforcement proceedings at this time dues not commume a waiver offs right to Rum ploseemim
NOTE: If tie viohmiou(s) are corrected then recur, or if do violation(s) we eel corrected by the time specified by tie Code
Enforcement Gapator, tie case may be presented to J. Jefferson Overby, tie Cade End Special Master, eve= if tie
violation has been corrected prior to the Special Master
Your cooperstlen is this matter wID be Bah' �+ s�4r Jh►
Date•, 09127M0
1 hereby certify that copy hereof has been flunishod to the above -named addtessee(s) by Certified quill, Return Receipt
Requested, No. 7099 3400 0000 2696 3910, on 09a7100.
Date. 09R7/00 6uu_.eat ra
Code E forcement Department
`FtmwJIFERN-4940VAMNIPWwed 111M XKmberrr.
w
Monroe county, Florida
Affidavit of Violation
Case Number: pp.-_B
STATE OF FLORMA
COUNTY OF MONROE
Before me this S � ', day of 2000,
perwaally appmW the umkn* ed. vft being by va
fit duly swam, dcl depose and sW.
1. 1 am a Code Bafomme== Offices employed by
momoe Cutely. Florida
2. On the _ J day of , XM I Penwell' mimed the above dewend - and toot
the phut VVbs saacbed below based I thrmtgh a"": These Owwpqbs W=MIY PMMY the riolatioa(s)
otpariag on the premises at the time the pbowgrqft
were taken Based UPOM MY I darnmm4d Old tC
following -Aob mn(s) was pn see (o dw P
STATUTE CODE NO. SU1Y M"y DESCRipTM OF V10LATi01r1
19-" Abandoned Veltkle(s)
D 19-%
Abandoned W
D &16.2
UaMh Structom
D wwa)(e)
Trash & Debris
SjWb)(e)
Teach & Debris and Maw►
O 3.33
Uniewfid damping
D 9 &111(&)
Building wr/a Permit _
D 9_,.UXa)
Permit Regairemeats
D 95.291
Minimum Yards ( )
D 95242(a)(4) $nose Occupations
D 9 .242(aXs) Accessory Uses in IS sub...
O 9.5-317(a)
Staadui for ` »
D 9.5-317(b)(7) Enclosure below •••
D 95.317(bXIXd)(viii) Below'ban Good....
D 9.3-M _
General Prate (sigm)
D IL14
informosma
D 12.1-2
Worttoadomd
D 19-129
Parking ofttrtsdcs,
0
D
D
7
U
'ORN TO AND SUBSCRIBED before me on the
TERRY LTNW MDERMAN
AHYPUKKSTATEMFLORM
COMMSSION %'O. CC69M
i
SAY CQv%q 5r)N E7(P NM 2
OF FLORIDA AT LARGE
THE SPECIAL MASTER V61LL RULE ON SAID ADMISSION AT THE HEARING AT
WHICH TIbtE HE WILL SET A COriPLIANCE DATE BASED UPON THE
— E,—tDj' �U CE BWffED'jjj tijE ADMISSIONt AS WELL AS EVIDENCE AND
TEST—iM6N,W--1k-1YE—SENTED ATTHE_G. IT IS THE RESPONDEN'S
RESPONSIBILITY ,,--T
—TO CO CODE ENFORCEMENT OFFICE A
-,--,--....-,--I
.
FOR INFORMATION CONCERNING THE SPFCIAL MASTER'S
RULING.
N,ou may call the Monroe County Code Enforcement Department at (305)2S9-2509
you xieed further information regarding this Hearing. Dated this V day of -May, 2002
CODE ENFORCEMENT SPECIAL MASTER
MONROE COUNTY, FLORIDA
4J I L. McLain
ce 1 ormtce!ecn�tLiaison
I HEREBY CERTIFY that a true and correct copy of the aboNe and foregoing notice oF
hearing has been furnished to the Respondent(s) by posting the subject 11ropertv and at the
Monroe County Courthouse and also by first class mail, this day of May,
2002
Jacq ne McLain
Cod ement Liaison
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
04-29D05- 4A-15107-K
CASE NO.44-2203-CA-001507-K
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, A
POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA,
.
Dolt 1734363 03/16l2889 9e5W
Plaintiff, Filed 6 Rem dad in Off icUl Records of
CMM KOUWAKis
V.
w
DOC* 1734353
ALAIN DEPIERREFEU BW 2484 NO 204
N
Defendant
ORDER ON MOTION TO DISMISS PLAINTIFF'S COMM,AIN-f
THIS CAUSE having come on to be heard on Defendant, ALAIN DEPIERREFEU'S
Motion to Dismiss Plaintiffs Complaint. and the Court having heard the arguments of counsel
and being otherwise advised in the premises, it is hereby ORDERED AND ADJUDGED as
follows:
rY
DONE AND ORDERED in Chambers, at Monroe County, Florida this of
2008.
HONORABL M 1C H. JONES�
CIRCUIT CO NDGE
Copies furnished to:
Richard A. Morgan, Esq, now" COUWY
Robert B. Shillinger, Esq. OFFICIAL
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CASE NO: 441KOI-CA-001504-K N
BOARD OF COUNTY COMMISSIONERS
OF ' 4ONROE COUNTY, FLORIDA, A r%3
POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA.
Doss IT34354 63/16/2M 9*WMry
Plaintiff, Filed a Recorded in offleial Records of
ROWM COUNTY ONNY L. KCUWMto
V.
ALAIN DEPIERREFEU Does 1734364
8ks 2494 Pslf 285
Defendant
ORDER ON MOTION TO DISMISS PLA94TIFFIS COMPLAINT
THIS CAUSE having come on to be heard on Defendant, ALAIN DEPIERREFEUS
Motion to Dismiss Plaintiff's Complaint, and the Court having heard the arguments of counsel
and being otherwise advised in the premises, it is hereby ORDERED AND ADJUDGED as
Y
DONE AND ORDERED in Chambers, at Monroe County, Florida this day of
✓, 2008.
HONORABLE H. JONES
CIRCUIT COUR
Copies furnished to:
Richard A. Morgan, Esq."ONKE COUNTY
Robert B. Shillinger, Esq• OFFICtm RECORDS
36
Peters -Katherine
From: Granger -Lisa
Sent: Friday, December 03, 20101:49 PM
To: Peters -Katherine
Cc: Rosch-Mark; Smith, Leslie
Subject: FW: De Pierrefeu/Settlement of Code Enforcement Liens
Attachments: [Untitled].pdf
DePierreu estate. Thank you very much.
s
M.
♦_ c
Suite •;
Key West, FL 33041-1026
Website• r -.
HELP US HELP YOU!
Please take a moment to complete our Customer Satisfaction Survey:
:I ro c fl. i I II. a s o r p
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PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the County regarding
County business are public record, available to the public and media upon request. Your email communication may be subject to
public disclosure.
From: Smith, Leslie [mailto:MLSmith@foley.com]
Sent: Friday, December 03, 2010 9:07 AM
To: Granger -Lisa
Cc: Rosch-Mark
Subject: De Pierrefeu/Settlement of Code Enforcement Liens
Ms. Granger: As you know this firm represents the Estate of Alain Y. De Pierrefeu (the "Estate") and Fiduciary
Trust Company, as Trustee (the "Trustee") for the Alain Y De Pierrefeu Trust Agreement dated January 5, 2004
(the "Trust"). This e-mail confirms our conversation yesterday morning regarding a resolution of the Monroe
County Code Enforcement Liens (the "Liens"), described as:
(a) Order Imposing Penalty/Lien on the real property located in Monroe County, Florida, known as Lot 1, Block
19, Sands Subdivision, Big Pine Key, Monroe County, Florida (RE# 003021800-000000) and recorded in the
Public Records of Monroe County, Florida on November 29, 2001, in Official Records Book 1741, Page 1958-
1959;
(b) Order Imposing Penalty/Lien on the real property located in Monroe County, Florida, known as Lot 8, Tract
NN, Summerland Key, Monroe County, Florida (RE# 00114470-004000) and recorded in the Public Records of
Monroe County, Florida on February 8, 2001, in Official Records Book 1759, Page 1539-1540.
As a result of our discussions, we have reached a settlement that will involve a lump sum payment of $7500 by
the Trust to the County and a donation of seven parcels of real property situated in Monroe County, Floida
(none of which are encumbered by the Liens), to the Monroe County Land Authority. In exchange, at the time
of the tender of the payment and the closing of the transfer of the seven parcels, the County will provide full
releases to the Trust, the Trustee and the Trust's beneficaries, as well as the Estate, the Estate's Personal
Representative and the Estate's beneficiaries. The parcels to be donated are described on the document attached
to this e-mail. Please acknowledge your receipt of this e-mail and advise what information you require from us
complete the settlement.
Best Regards, Leslie Smith.
<<[Untitled].pdf>>
Leslie Smith, Esq.
Foley & Lardner LLP
One Biscayne Tower
Two South Biscayne Blvd.
Suite 1900
Miami, Florida 33131
305-482-8400 (Main)
305-482-8406 (Direct)
305-482-8600 (Fax)
E-mail: Is ft fcle .cc
.fcle .cc
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bttp://monroecotLvirtualtownhalLnet/Pages/MonroeCoFL WebDocs/css Your feedback is important to us!
Please note: Florida has a very broad public records law. Most written communications to or from the County regarding
County business are public record, available to the public and media upon request. Your e-mail communication may be
subject to public disclosure.
F1
Tracts IS, tT, JR, and QG, ur,recorded plat of Pine Key Acres on R,,jq, Pima Key.
A!Iernate Key Numbers 1134104. 1134112, 1134376, 1136140
Block 7, LoOcean Park. Estateg, (PS 4-126) on Key LaMo.
Altemate Key Number 154-0428
Block 3, Lot 5, Wndward Beach Estates (PB 4-131) on Little Torch K
Alternate Key Number 1288977 1
Pan of Lot 29, Surnmerland Estates (PS 2-167) on Summerfand Key more Particularly descr�be.� by
metes are bourds below,
4efrllfa Key Ni,mber 1264024
METES ANT) HOUNDS DESCRIPTION OF PART OF LOT 29 0
StX413RI.A14D IMTATIn I
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2010
Bulk Item: Yes
Division: COUNTY ATTORNEY
Staff Contact Person: Natileene W. Cassel
Telephone # 305-292-3470
AGENDA ITEM WORDING: This Second Amendment to the existing Legal Services
Agreement dated March 15, 2006 with Ira Libanoff, Esq. revises the original agreement to
update time keepers, delete completed cases and add one additional case to his responsibilities.
ITEM BACKGROUND: The attorney has represented the County through various engagement
letters since 1999 in construction matters. This amendment adds consultation on settlement and
litigation, if it becomes necessary, as related to the Key West and Marathon Airports. It updates
the names of the timekeepers, paralegal staff and of an attorney who are presently working for the
attorney. It also deletes the following cases which have been completed:
• Monroe County v. Bender & Associates, CA K 03-915
Monroe County v. Lodge Construction, et al, CA K 00-617
D. L. Porter Constructors, Inc. v Monroe County, CAK 07-155
PREVIOUS RELEVANT BOCC ACTION:
On March 15, 2006 the County and Attorney entered into an Agreement for representation for the
County's dispute with Tropex Construction Services, Inc. over the contract to construct the
Tavernier Fire Station. On March 21, 2007, a First Amendment formalized into one agreement
the ongoing Attorney services for the Tropex Construction Services matter and in the following
matters:
Consultation on General Matters as necessary at discretion of County Attorney,
Monroe County v. Jose Gonzalez, no case number yet
Monroe County v. Bender & Associates, CA K 03-915
CONTRACT/AGREEMENT CHANGES: See above details.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: _hourly
COST TO COUNTY: unk
BUDGETED: YES X NO
SOURCE OF FUNDS: l _ d I
DIFFERENTIAL OF LOCAL PREFERENCE: Not aoulicable
REVENUE PRODUCING: S _ NO X AMOUNT PER MONTH Year
APPROVED BY: ounty Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA Item#
Second Amendment to Agreement Dated March 15, 2006
Between Monroe County and Ira Libanoff, Esq.
On this day of , 201J the Board of County Commissioners of Monroe County,
Florida, as the legislative and governing body of Monroe County, Florida, and in accordance
with the powers enumerated in Section 125.01, Florida Statutes ("County") and Ira Libanoff,
Esq. ("Attorney"), hereby entered into this Second Amendment to their agreement dated
March 15, 2006, which bears a reference number of 2005-06-02.
NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein,
the parties amend their agreement of March 15, 2006, as follows:
PartA. This second amendment is entered into to clarify the existing relationship between the
County and the Attorney. The Attorney has represented the County on several cases which are
now completed and this amendment is intended to update the contract to clarify the cases in
which the Attorney continues to represent the County and to add another case to the
responsibilities of the Attorney.
The Attorney shall represent the County in the following matters:
-Consultation on General Matters as necessary at the discretion of County Attorney
-Monroe County v. Gonzalez Architects and Jose' Gonzalez, Case Number CAK071428
-Consultation on settlement and any subsequent litigation as related to the Key West
Airport and Marathon Airport.
Part B. In order to effectuate the amendment set forth in Part A, the original agreement and
first amendment are amended as follows to reflect new hourly rates and additional time
keepers.
Hourly rates for Attorney and additional Timekeepers will be set at:
Approved Time Keepers
Hourly Rate
Ira Libanoff
$250.00
Janet Ritenbaugh
$250.00
Warren Diener
$195.00
Andrea Garcia
$90.00
Elizabeth Garcia
$90.00
Attorney will charge no more than the stated hourly rate quoted above throughout the
duration of the representation on all cases covered by this Agreement, unless otherwise agree
to in writing and approved by the County in the same manner as in this Second Amendment.
Page 1 of 2
All other provisions of the March 15, 2006, which are not amended herein, shall remain in full
force and effect. This Second Amendment shall become effective when executed by both the
Attorney and the Board of County Commissioners of Monroe County, Florida.
day
of
IN WITNESS WHEREOF, the parties have caused this lease to be executed this
MR
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor Heather Carruthers
Witnes or Ira Libano Esq. By
Ira iba o , Es4.—
(1) Date: /! /
D te: ®`/--J-/10
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2010 Division: COUNTY ATTORNEY
Bulk Item: Yes X No — Staff Contact Person: Natileene W.Cassel
Telephone #: 292-3470
AGENDA ITEM WORDING: Approval to file an interpleader action, allowing the County to
deposit into the registry of the court the remaining sum of money being held by the clerk. An
irreconcilable dispute has arisen between the general contractor and a subcontractor working on the
Freeman Justice Center. By filing an interpleader action is the established manner in which the County
states that it does not claim the money and wishes the issue to be resolved by a court.
ITEM BACKGROUND: The County is holding, as retainage, the sum of $379,221.00. The Clerk's
office has been distributing the retainage as appropriate releases have been received. However, a
dispute has arisen between the general contractor and a subcontractor over the amount of retainage the
subcontractor is entitled to receive. The County has no claim on the funds and wishes to distribute but
is unable to determine who should receive all or part of the funds, an interpleader action will allow the
dispute to be settled in court. The action will be handled by the office of county attorney.
PREVIOUS RELEVANT BOCC ACTION: The County settled its case with the general contractor
with approval of the BOCC and pursuant to the settlement agreement has been distributing funds to
subcontractors and the general contractor as the appropriate documentation has been received.
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS: Approval
TOTAL COST: estimated less than $5.000.00 INDIRECT COST: most in county attorney time.
BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: not applicable
COST TO COUNTY: SOURCE OF FUNDS: #001-22001
APPROVED BY: County Atty X rAAv OMB/Purchasing Risk Management
DOCUMENTATION: Included
DISPOSITION:
Revised 7/09
Not Required
AGENDA ITEM #
BOARD OF COUNTY COAUMSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2010
Bulk Item: Yes XX No
Division: County Attorney
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: Approval of resolution authorizing the Director of Social Services to
execute contracts on behalf of Monroe County under certain limited circumstances.
ITEM BACKGROUND: The County applied for and was awarded a state Weatherization Assistance
Program (WAP) grant in April 2010. The grant funds are allocated for the purposes of weatherizing the
homes of low income families and individuals in order that they may realize an energy cost savings. The
work involves inspecting homes for outdated appliances, leaky windows, etc., and replacing and/or
repairing the energy wasting item. The work is limited in duration and funding as the grant limits the
amount of work that can be performed on any individual home to $5,600. (A limited amount of
additional work in excess of the $5,600 cap can be performed but only by express approval from DCA).
As a result, the nature of the work is such that actual duration of the work itself is rather brief and can
be performed by smaller contractors/contracting companies. The grant also has performance criteria
under which the County has home weatherization production goals. In order to ensure efficiency, given
the monthly production goals and the relatively minor nature of the work, delegating the execution of
the contracts would best serve the interests of the County and maximize productivity.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECONEVIENDATIONS:
Approval
TOTAL COST: $5,600/home BUDGETED: Yes _ No _
COST TO COUNTY: N/A SOURCE OF FUND: WAP Grant
REVENUE PRODUCING: Yes No AMOUNT PER MONTH
14
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
RESOLUTION NO. - 2010
A RESOLUTION AUTHORIZING THE MONROE COUNTY
DIRECTOR OF SOCIAL SERVICES AS THE
WEATHERIZATION ASSISTANCE PROGRAM (WAP)
ADMINISTRATOR TO EXECUTE CONTRACTS ON BEHALF OF
MONROE COUNTY WITH CONTRACTORS UNDER CERTAIN
CONDITIONS
WHEREAS, the Monroe County Social Services Department is the County Department
primarily responsible for assisting lower income families and individuals; and,
WHEREAS, the Monroe County Social Services Department applied for and obtained a
state grant under the Weatherization Assistance Program (WAP); and,
WHEREAS, the WAP program is targeted at lower income families and individuals with
the goal of reducing the cost of utilities for lower income families and individuals through
improvements in home weatherization/insulation; and,
WHEREAS, the Director of Social Services is the County's program administrator for
the State's Weatherization Assistance Program (WAP), with a fiduciary responsibility to act in
the best interest of Monroe County; and,
WHEREAS, the WAP program limits the amount of money that can be spent on
improvements on any single residence to $5,600; and,
WHEREAS, the County, following County bidding procedures, is hiring professional
private contractors to perform the weatherization improvements; and,
WHEREAS, for purposes of clarity and liability it is in the best interest of the County to
enter in to signed contracts, and;
WHEREAS, for purposes of efficiency due to the volume of homes the County hopes to
service, the brief amount of time it takes to service each home and the monetary limit that can be
expended on any one home, it would be in the County's best interest to authorize the Director of
Social Services to execute contracts for Weatherization Assistance Program work
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of
Monroe County Florida that:
The Monroe County Director of Social Services is hereby authorized to execute contracts
between private contractors and Monroe County for work done pursuant to the Weatherization
Assistance Program when the following conditions are present:
(a) An individual or family has applied for and qualified for assistance under the WAP
program.
(b) The Monroe County Social Services department has bid out the WAP work in
accordance with County purchase policy and procedures.
(c) The work is awarded to the lowest qualified bidder
(d) The awardee executes the contract attached hereto as exhibit "A".
Upon completion of the work, all such executed contracts along with proper invoicing shall be
forwarded for payment to the Monroe County Clerk of Court.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida
at a regular meeting of said board on the day of 2010.
Mayor Heather Carruthers
Mayor Pro Tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Heather Carruthers
Signed this day of , 2010
COUNTY TOR EY
VED AS ,
PEDRO J. RCADO
ASSISTA Z f
INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement is made this _ day of ,
by and between Monroe County , a political subdivision of the State of
Florida, (hereafter County) and (hereinafter referred to as the
"Contractor"), for services described in Scope of Work, attachment A. and Contractor's
proposal, attached hereto and made a part hereof. The parties agree as follows:
I. RELATIONSHIP
Nothing contained in this Agreement shall be deemed or construed as creating any other
business relationship, partnership or joint venture between Contractor and Monroe
County Board of County Commissioners/Monroe County Social Services/ Monroe
County Weatherization Assistance Program (hereinafter referred to as the "County").
II. SERVICES TO BE PERFORMED
Contractor agrees to provide the services listed in the Scope of Work (Attachment A) and
in the Contractor's proposal to the satisfaction of the County and in accordance with
federal and state regulations for the Weatherization Assistance Program.
III. MANNER OF PERFORMANCE
Contractor shall properly supervise and direct completion of weatherization measures
on all units assigned under this agreement. Contractor shall be solely responsible for
coordinating all work conducted under the contract. Contractor shall provide and pay for
all labor, materials, equipment, tools, equipment/machinery, transportation, and services
necessary for the proper completion of work. Contractor shall comply with all laws,
ordinances, rules, regulations and orders of any governmental authority bearing on the
performance of the work, including local building codes and permits. Contractor shall be
responsible for the acts and omissions of employees and subcontractors. Contractor at all
times shall keep the premises free from accumulation of waste materials or rubbish
caused by the operation. At completion, Contractor shall remove all waste and surplus
materials and rubbish from and about the premises, and if applicable, shall clean all
glass surfaces and shall leave the work "broom clean."
IV. CONFIDENTIALITY
Contractor agrees to keep confidential all client information provided to Contractor
and/or employees by County, excepting such information as is already known to the
public, and not to release, use, disclose same, directly or indirectly, to any other person
or business, except with prior written permission of County.
V. NON-EXCLUSIVE RELATIONSHIP
1
Neither Contractor nor County has an exclusive relationship with the other. Contractor
is free to perform the above described services for any other person or business, so long
as this does not interfere with Contractor's satisfactory and timely performance of
services for County under this Agreement.
VI. SUBCONTRACTS
Contractor shall not enter into any subcontract with any subcontractor who has been
debarred from performing work by any Agency of the United States Government or by
the State of Florida. Contractor shall be fully responsible for the acts or omissions of
Subcontractors, and of persons either directly or indirectly employed by them. At no
time shall any contract or agreement between Contractor and a subcontractor be
construed as a relationship, formal or informal, between the subcontractor and County.
VII. CONTRACTOR'S GUARANTEE
Contractor guarantees all work performed for a period of one (I) year from the date of final
acceptance of all work required by the bid proposal. Contractor warrants to the owner and
County that all materials and equipment used in the work will be new and free of defects,
unless otherwise specified and approved in advance by an authorized representative of
County. All manufacturers' and suppliers' written guarantees and warranties covering such
materials and equipment shall be furnished to the owner or weatherization household.
Contractor agrees to correct any defects due to faulty workmanship, materials or equipment
and shall pay for or repair any damage to other work resulting there from for a period of one
year from the date of final acceptance of the contract work.
VIII. COMMENCEMENT OF WORK
Contractor warrants good title to all materials, supplies and equipment incorporated in the
work and warrants that it is free from any claims, liens, or charges, and that neither
Contractor nor any other person, firm, or corporation, shall have any right to put a lien upon
the premises or materials, supplies or equipment. Contractor must contact the homeowner
within 7 days of receiving a Notice to Proceed and must complete all work within 30 days of
receiving said Notice. Contractor will contact the Weatherization Coordinator upon notice of
the event giving rise to the need for additional days beyond 30. Additional days may be
granted upon mutual agreement between Contractor and County.
IX. PROTECTION OF WORK AND PROPERTY
Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work and complying with all applicable
laws, ordinances, rules, regulations. Contractor shall take all reasonable precautions for the
safety of, and shall provide all reasonable protection to prevent damage, injury or loss to (1)
all employees on the work site and other affected persons, (2) all work and materials and
equipment at the site, and (3) other property at the site. Any damage or loss to any property
2
caused in whole or in part by Contractor, Subcontractor or employees, shall be remedied by
Contractor and County shall be held harmless.
X. CHANGE ORDERS/WAIVERS
Any change orders must be approved in writing by the Owner and occupant if applicable,
Contractor, Weatherization Inspector, and Weatherization Coordinator with review and sign
off by the Program Director, prior to the commencement of such work. Waivers for any
work, as specified by state and federal Weatherization Assistance Program guidelines, must
be requested by County in advance and approved by the applicable state agency or DCA prior
to commencement of such work. Any change order or work waiver commenced prior to
authorization shall be considered unauthorized work and will not be reimbursed by County.
If final invoice from Contractor exceeds the Bid Proposal amount, and no change order was
approved, the invoice will be approved for only the amount quoted in the Bid Proposal.
XI. COMPENSATION
Upon completion of the work for each home, Contractor shall submit invoice(s) to County.
County's Weatherization Inspector, Contractor, and Owner/Occupant shall inspect, and
approve in writing, the work. If satisfactory, the Weatherization Inspector, Weatherization
Coordinator, and Program Director shall approve invoice(s) for payment. Payment may be
withheld on account of defective work or failure of Contractor to make payments properly
for labor, materials, or equipment. Contractor invoices will be processed for reimbursement
upon verification that all conditions under the agreement have been met. Payments will be
issued in accordance with the Florida Prompt Payment Act upon the satisfactory completion,
post inspection, and verification of all billing data by the County.
XII. INDEMNIFICATION
Contractor agrees to be solely responsible, and shall hold harmless the County, its officers,
directors, and employees for any and all claims brought against either Contractor or County,
or for liabilities incurred by County as a result of actions or omissions by the Contractor,
whether under Workers' Compensation laws, or under any other federal, state, or municipal
laws, rules or regulations which may be applicable, or any other set of circumstances not
specifically addressed herein.
XIII. INSURANCE
By the date of the execution of this addendum, Contractor shall procure and maintain for the
duration of this addendum, insurance against injuries to persons and damages to property which
may arise out of, or in connection with, the performance of the addendum. Contractor shall
furnish evidence of Commercial General Liability and Automobile Liability. Contractor shall
obtain Pollution Occurrence Insurance if required in the Scope of Work. Contractor shall add
County to its policies as an additional insured and shall provide a certificate of insurance and
policy endorsement as evidence of coverage.
XIV. WORKER'S COMPENSATION
3
Contractor will remain in compliance with the Workers' Compensation laws for the State of
Florida through the duration of this Agreement. Contractor shall provide a certificate of
insurance or letter of exemption by the date of execution of this addendum.
XV. EQUAL EMPLOYMENT OPPORTUNITY
Contractor shall not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or nation origin. Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex or national origin. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause. All advertisement will state that all
qualified applicants will receive consideration without regard to their race, color, religion,
sex or national origin.
XVI. DAVIS-BACON ACT
Contractor shall comply with the provisions of the federal Davis -Bacon Act. Contractor shall
pay wages to laborers and mechanics at a rate not less than the minimum wages specified in
the U.S. Department of Labor, Wage and Hour Division website located at
http://dol.gov/esawhd/contracts/dbra.htm. Wage determinations can be found at
http://www.wdol.gov. Contractor shall be required to pay wages not less than once a week and
shall report compliance with the Davis -Bacon Act weekly to County.
XVII. COPELAND "ANTI -KICKBACK" ACT
Contractor shall comply with the provisions of the federal Copeland "Anti -Kickback" Act
and agrees to mandate such compliance by its subcontractors. Contractor or its
subcontractors shall not in any way induce an employee to give up any part of the
compensation to which he/she is entitled under his/her contract for employment.
XVIII. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contractor shall comply with the provisions of the federal Contract Work Hours and Safety
Standards Act. Contractor shall compute wages of every mechanic and laborer on the basis of
a standard 40-hour work week. For work in excess of the standard work week, Contractor
shall compensate worker(s) at a rate of not less than 1 V2 times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. Contractor shall not require any laborer
or mechanic to work in surroundings or under working conditions that are unsanitary,
hazardous, or dangerous.
XIX. CLEAN AIR/WATER ACT AND FEDERAL WATER POLLUTION CONTROL ACT
For contacts of $100,000 or more, Contractor and its subcontractors shall comply with all
applicable standard orders or requirements issued under section 306 of the Clean Air Act,
Section 508 of the Clean Water Act, and the Federal Water Pollution Control Act.
4
XX. BYRD ANTI -LOBBYING AMENDMENT
For contracts of $100,000 or more, Contractor certifies that he/she will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any federal agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant, or any other award covered by 31 U.S.C. 1352.
XXI. DISAGREEMENTS AND DISPUTES
In the event that either Contractor or County commence an action for damages, injunctive
relief, or to enforce the provisions of this Agreement and either party prevails in any such
action, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and all
costs incurred in connection therewith as determined by the court in any such action.
XXII. GOVERNING LAW
This Agreement shall be governed in accordance with the laws of the State of Florida, and
venue for any action enforcing the terms of this Agreement shall be Monroe County, Florida.
XXIII. ASSIGNMENT
This Agreement may not be assigned without prior written consent of both parties. This
Agreement will be binding upon, and will inure to the benefit of, each party's permitted
successors and assigns.
XXIV. SEVERABILITY
The parties agree that the covenants of this Agreement are severable and that if any single
clause or clauses shall be found unenforceable, the entire Agreement shall not fail but shall be
construed and enforced without any severed clauses in accordance with the terms of this
Agreement.
XXV. DURATION AND TERMINATION
If Contractor defaults or neglects to carry out any work in accordance with this Agreement or
fails to perform or comply with any provision of this Agreement, the County may, after
written notice to Contractor, make good such deficiencies and may deduct the cost incurred
from the payment due to Contractor and/or County may terminate the contractor's services and
take possession of the site and of all materials, equipment, tools and construction equipment,
and machinery owned by Contractor, which were purchased with weatherization funds, and
may finish the work. If the expense of finishing the work exceeds the unpaid balance to
Contractor, Contractor shall be liable for payment of the difference to County. Contractor and
County can terminate the services contemplated this Agreement at any time for any reason
upon 7 calendar days notice to either party. Contractor shall be required to satisfactorily finish
all work in progress prior to termination of the services. Failure to do so by Contractor shall
result in forfeiture of payment for any work in progress.
E
XXVII. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS
Contractor shall retain records relating to this contract for four years after final payment is
made this Agreement. If an audit, litigation, or other action involving the records is started
before the end of the four-year period, records must be retained until all issues arising out of the
action are resolved, or until the end of the four-year period, whichever is later. County, or any
of its authorized representatives, shall have access to Contractor records.
XXVIII. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this Agreement; and the County shall have the right to
unilaterally terminate Contractor's services upon violation of this provision by Contractor.
XXIX. HEADINGS
The headings contained in this addendum are for reference purposes only and shall not affect
the meaning or interpretation of this addendum.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
IN WITNESS WHEROF, County and Contractor have executed this Independent Contractor
2
Agreement as of the date first written above.
WITNESSES
MONROE COUNTY
LE
Sheryl Graham
Monroe County WAP Administrator
CONTRACTOR
By:
Signature
Print Name & Title:
STATE OF:
COUNTY OF:
I HEREBY CERTIFY that on this day of 20_, before me, an
officer duly qualified to take acknowledgments, personally appeared,
to me known to be the person described herein and who executed the foregoing instrument
and acknowledged before me that he/she executed the same. Driver License shown as
identification.
SEAL
NOTARY PUBLIC SIGNATURE
Printed Name of Notary:
Commission No.:
My Commission Expires:
ATTACHMENT A: SCOPE OF WORK
7
All weatherization measures to be provided to homes governed by this addendum must be in
accordance with the "Pre -Work Order Agreement", `Bid Proposal/Job # " and the
Weatherization Assistance Program rules and regulations as mandated by the State of Florida,
Department of Community Affairs. The following are the procedures for completing the
Scope of Work per this Agreement:
1. Contractor shall provide such measures as determined by the Pre -Work Order
Agreement and Bid Proposal/Job # provided to Contractor by County.
2. Upon receipt of the Pre -Work Order Agreement, Contractor shall provide County a
quote via a bid proposal per home for the cost of completion of weatherization measures as
indicated in the Pre -Work Order(s).
3. Contractor shall comply with all laws, ordinances, rules, regulations and orders of
any governmental authority bearing on the performance of the work, including local building
codes and permits.
4. County's Weatherization Inspector, Weatherization Coordinator, and Program
Director shall approve the quotes and issue a Notice to Proceed to Contractor. The Notice to
Proceed shall contain the Owner/Occupant name, address and telephone numbers.
5. Contractor shall contact all Owner/Occupants listed in the Notice to Proceed within 7
days of receipt of the Notice and shall complete all work within 30 days of receipt of the
notice. Contractor will contact the Weatherization, Coordinator upon notice of the event
giving rise to the need for additional days beyond 30. Additional days may be granted upon
mutual agreement between Contractor and County.
6. Contractor shall follow the Pre -Work Order as written by County and approved by
Owner/Occupant.
7. If Owner/Occupant refuses a measure, Contractor shall contact Weatherization
Inspector immediately and the Owner/Occupant and the County will document same in the
client's file. If the refusal will cause the County to be in non-compliance, it must be referred
to the Weatherization Coordinator and the Program Director who will advise the client that if
the measure prevents elimination of air infiltrations, County cannot proceed with
weatherizing the home unless the Owner/Occupant approves the measure. To the extent
possible, all measures approved for the unit should be reviewed by staff with Owner/Occupant
in pre -work phase and approval obtained in writing before commencing work. The only
exception would be in the rare case of change orders due to unforeseen conditions as outlined
in Bid Proposal Addendum, X., Change Orders/Waivers.
N.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15.2010 Division: County Attorney
Bulk Item: Yes — No xxx Staff Contact Person/Phone #: Bob Shillinger, x3470
AGENDA ITEM WORDING: Discussion and direction to staff to initiate the process to adopt an
ordinance that requires a 4/5 vote of the Board of County Commissioners to approve any ordinance that
adopts, amends, repeals, or otherwise changes the land development code and the comprehensive plan.
ITEM BACKGROUND: Commissioner Murphy requested that this item be placed on the agenda.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: none
TOTAL COST: n/a
COST TO COUNTY: n/a
INDIRECT COST: n/a BUDGETED: n/a
SOURCE OF FUNDS: n/a
REVENUE PRODUCING: AMOUNT PER MONTH Year
APPROVED BY: County Atty, OMB/Purchasing'—t/L Risk Managementl�
DOCUMENTATION:
DISPOSITION:
Revised 1/09
Included Not Required
AGENDA ITEM #