Item I1M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: I.1
Agenda Item Summary #3385
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
N/A
AGENDA ITEM WORDING: County Attorney Report for September 2017.
ITEM BACKGROUND: See attached.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
County Attorney Report September 2017
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger
Kathy Peters
Board of County Commissioners
Board of County Commissioners
Completed
Completed
Completed
Pending
09/05/2017 1:03 PM
09/05/2017 1:49 PM
09/20/2017 9:00 AM
09/27/2017 4:00 PM
County of Monroe
"lie Florida Keys
Robert B. Shillinger, County Attorney"
Pedro J. Mercado, Assistant County Attorney **
Cynthia L. Hall, Assistant County Attorney **
Christine Limbert- Barrows, Assistant County Attorney **
Derek V. Howard, Assistant County Attorney **
Steven T. Williams, Assistant County Attorney **
Peter H. Morris, Assistant County Attorney
Patricia Fables, Assistant County Attorney
Chris Ambrosio, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
To: Mayor Neugent & Commissioners
From: Bob Shillinger, County Attorney
Date: September 5, 2017
Re: September 2017 County Attorney Report
Office of the County Attorney
1111 12 Street, Suite 408
Key West, FL 33040
(305) 292 -3470 —Phone
(305) 292 -3516 — Fax
1. Galleon Bay Corp. v. Monroe County and State of Florida — 3d16 -1502. The
developer /property owner appealed a final judgment in the amount of $480,511 in
her favor to the Third DCA. Her counsel filed his initial brief on 2/23/17. The
County and the State's filed their joint brief on 7/28/17. The property owner has
until 9/18/17 to file an answer brief.
2. Donald Davis (Collins) v. Monroe County & State of Florida — 31317 -500. On
2/15/17, Judge Jones entered a final judgment in favor of Mr. Davis in the amount
of $347,475. The County and State filed their initial joint brief on 7/17/17. A closed
session is scheduled for 9/20/17 to discuss property owner's proposal for
settlement. Property owner has been granted an extension to file his brief until
10/11/17.
3. In re: Energy3, LLC, 17- 18986, (Bankruptcy S.D. Florida). County's yard waste
vendor filed for Chapter 11 protections after judgment in the amount of $377,873
was entered against them on 7/11/17 as a result of a breach of contract suit filed
by a former partner in the Circuit Court for Miami -Dade County. The meeting of
creditors was held on 8/25/17. The County filed its motion for relief from stay on
8/29/17. The deadline to file claim for exception to discharge is 10/24/17. A closed
session is scheduled for 9/20/17.
4. Keith & Cheri Cohen v. Monroe County, 15- 10167 -CIV — On 7/28/17, U.S.
District Judge Jose Martinez entered summary judgment in favor of the County,
ruling that the County's workforce housing requirement that income must be
earned in the County did not discriminate against the Cohens due to their asserted
disabilities. The Court ordered the Cohens to sell their property to a qualified
buyer within 6 months and vacant the premises. The Court awarded the County's
claim for costs of @$1,900. Property owners indicated that they will appeal
Packet Pg. 1304
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
5. Monroe County v. Sugarloaf Volunteer Fire Department, Inc. and Sugarloaf
WiFi, Inc. — CA K 17 — 631 — This is a claim under the Government in the
Sunshine Act which would seek to void a contract between the SVFD and
Sugarloaf WiFi on the grounds that SFVD did not approve that contact in a public
meeting. As of the date of the report, the complaint has been drafted and is ready
to be filed. The parties are attempting to schedule a meet and confer session to
see if litigation can be avoided. A closed session is scheduled for 9/20/17.
6. Sheila Walter v. Gianetti Contracting Corp, FKAA, and Monroe County, CA K
13 -801. This a personal injury suit filed by a motorcyclist who claims to have
injured herself when she hit a manhole for a sewer project being conducted by the
FKAA on the county's behalf. The case settled a week before trial with no
contribution from the County or the FKAA.
7. Delaney v. FKAA & Monroe County — CAK 16 -439 - Grinder pump easement
litigation — A property owner in the CRWS service area sued the County and
FKAA seeking a judicial declaration that she is not obligated under to connect to
the system unless the grinder pump is located in the public right of way. The
parties are now starting to engage in discovery. A bench trial is currently
scheduled for 11 /1 /17.
8. Monroe County v. Atlantic Trash & Transfer, LLC /Magnolia 101, LLC. 31317-
1312. (LT number CAP 13 -945). This code lien is a collection and injunction case
that the Court entered a judgment in favor of the County on 5/2/17. The property
owner has appealed this decision to the Third District Court of Appeal and has until
10/3/17 to file its initial brief.
9. Conover v. Monroe County and Maverick United Elevator, LLC. Case no. CA P
15 -425. The Conovers claim they were injured when the PK Courthouse elevator
malfunctioned and suddenly dropped while they were in the elevator on 11/18/14.
The County's motion for leave to file cross claims against Maverick for
indemnification and breach of contract will be heard 9/12/17.
10. Jonathan Sattele v. AAA Auto Club, Monroe County, MCSO, et. al. CA K 17-
457. The Plaintiff was injured in an auto accident while a car purchased at auction
from MCSO over a decade ago. The County's fleet department maintained that
vehicle. In June 2017, Plaintiff finally perfected the transfer of the action from
DeSoto County to Monroe following our motion to transfer venue. Discovery is
ongoing.
11. Emmett Caldwell v. Monroe County and MCSO, CAK 17 -220. Pro se Plaintiff
asserts injuries as a result of being improperly transported and handled by MCSO.
MCSO's insurance provider is providing the County with a defense. On 8/1/17,
Judge Garcia enter order granting the County's motion to dismiss with prejudice.
12. Code Compliance Lien Collection cases. Due to the approach to Hurricane
Irma, there's update for September.
13. Vacation Rental Prosecutions. The Code Compliance Department presented 15
vacation rental cases to the Special Magistrate in August 2017. Of those 15 cases,
9 were found in violation (including 4 stipulated agreement), and 6 cases were
continued. The Special Magistrate imposed fines of $62,355.00 for vacation rental
cases.
14. Code Compliance Fine Reductions — Due to the approach of Hurricane Irma,
there is no update for September.