Resolution 095A-2014RESOLUTION NO 095A -2014
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AUTHORIZING THE WRITE -OFF OF
RESIDENTIAL SOLID WASTE LIENS AND RECEIVABLES ISSUED
PRIOR TO 1994.
WHEREAS, Monroe County Solid Waste Management provides residential solid waste and
recycling collection and disposal services; and
WHEREAS, in 1991, the annual special assessment for residential solid waste and recycling
was added to the tax roll; and
WHEREAS, prior to 1991, the Monroe County Solid Waste Management Department directly
billed residents and recorded liens for unpaid accounts; and
WHEREAS, pursuant to Florida Statutes 55.081 and 55. 10, outstanding liens and receivables
issued prior to 1994 are uncollectible; and
WHEREAS, it is desired that uncollectible residential solid waste liens and receivables issued
prior to 1994 be written off at this time;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that residential solid waste liens and
receivables issued prior to 1994 in the amount of $536,090.90, as shown on attached Exhibit A, are
hereby deleted from Solid Waste Fund 414.
PASSED AND ADOPTED by the Board
of County
Commissioners of Monroe ;gounsy,
Florida, at a regular meeting held on the 21s day of May 2014.
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Mayor Sylvia Murphy
Yes
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Mayor Pro Tem Danny L. Kolhage
Yse
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Commissioner Heather Carruthers
yes
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Commissioner George Neugent
yes
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Commissioner David Rice
yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
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Mayor /Chairman
MONROE COUNTY .ATTORNEY
APPF OYED AS TO FORM:
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CHRISTINE M. LIMIERT- BARROWS
Da e SSIST N[ ffl T Y ATTORNEY
EXHIBIT "A"
RECEIVABLES AS OF 4/15/13
1978
1,493.78
1979
1,072.00
1980
1,868.18
1981
1,885.28
1982
1,326.00
1983
1984
ig8sl
5,506.82
281,738.54
11,725.44
19861
13,590.56
1987
16,328.78
1988
38,949.71
1989
56,335.84
1990
75,992.67
1991
18,522.87
1992
7,424.20
1993
1,807.03
536,090.90
1994
523.20
1995
325.09
1996
2,040.33
1997
616.08
1998
833.00
1999
541.01
2000
4,988.29
2001
1,216.67
2002
705.66
2003
194.66
2004
8,979.00
2005
2,920.00
2006
2,628.00
2007
1,460.00
2008
292.00
2009
1,046.33
2010
2,772.00
2011
66.00
2012
0.00
2013
0.00
31,624.12
TOTAL
567,715.02
IN THE CIRCUIT COURT OF THE i O JUDICIAL CIRCUIT IN AND FOR MONROE
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
JAMES M. NOEL and ISABELLA NOEL; Case No.: 84- 52 -CA -17
ALAN BEATTIE and JAYNE LAWRENCE Key West Division RECEIVED
BEATTIE, individually and as Members of a
Class pursuant to F.R.C.P.1.220, together with APR 2014
all persons similarly situated in such Class,
Plaintiffs,
r.
WIL.HELMWA HARVEY, Mayor /Chairman;
KEN SORENSON. Mayor Pro- Tem/Vice Chairman;
JERRY HERNANDEZ, JR.; ALMON FAHRER
and ED SWIFT, as the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
and as the Governing Board of the Municipal Service
District of Monroe County, Florida; HARRY F. KNIGHT,
as Tax Collector of Monroe County, Florida; and,
MONROE COUNTY, FLORIDA, a Political
Subdivision of the State of Florida,
Defendants.
MONROE COUJTY ATTORNEY
REVISED ORDER ON DECEMBER 4, 2013, HEARING
ON MONROE COUNTY'S MOTION FOR RELIEF FROM JUDGMENT
THIS CAUSE came before the Court on Defendant, MONROE COUNTY,
FLORIDA's ("the Count)r) Motion for Relief from Judgment. The motion was heard by
Special Master, who heard argument from counsel for the County. Joseph Murphy,
former counsel for Plaintiffs, submitted a letter to the Court and claimed an inability to
attend the December 4 hearing, whether in person or telephonically.
The Court finds as follows:
1. The obligation of Defendant, MONROE COUNTY, FLORIDA, under the
final judgment to remit amounts collected from persons requesting lien releases is no
longer necessary because the liens have been terminated by operation of law;
2. There appears to be a dispute as to amounts paid to date.
s Order on MC Min forNeW from ludgm %81- 52 -M-17
The Court being otherwise fully advised In the premises, it is thereupon
ORDERED AND ADJUDGED:
The County's Motion for Relief from Judgment is GRANTED as to the
obligation of collection and remitting of future payments for lien releases, and DENIED
as to payments and accounting made to date.
DO E ANT ORDERED in Chambers at Key West, Florida, this day
of 2014, nunc pro tunc February 12, 2014.
CIRCUIT JLME
Conies to
Christine Limbert- Barrows, Esq.
Joseph Murphy
3 Order on MC Mtn for RaW from ludpnt, 84M- CAA-17