Item N1M
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: N.1
Agenda Item Summary #3456
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 October 2017.
ITEM BACKGROUND: See attached.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
County Attorney Report October 2017
E3 Order Granting Relief from Automatic Stay
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:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Bob Shillinger
Kathy Peters
Board of County Commissioners
Completed
Completed
Pending
10/03/2017 2:44 PM
10/03/2017 6:11 PM
10/18/2017 9:00 AM
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: October 3, 2017
Re: October 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. 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. On 9/27/17, the
Court granted the County's motion for relief from stay which will enable the County
to terminate the underlying waste supply agreement irrespective of the automatic
stay. The deadline to file claim for exception to discharge is 10/24/17. A closed
session is scheduled for 10/18/17.
2. 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 10/18/17 to file an answer brief.
3. Donald Davis (Collins) v. Monroe County & State of Florida — 3D17 -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 10/18/17 to discuss property owner's proposal for
settlement. Property owner has been granted an extension to file his brief until
10/11/17 and the County Attorney has consented to a further extension until
November in light of the postponement of the closed session due to hurricane
Irma.
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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
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 but
have not done so within 30 days of entry of the Court's order.
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 10/18/17.
6. 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.
7. Monroe County v. Atlantic Trash & Transfer, LLC /Magnolia 101, LLC. 3D17-
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. Due to
Hurricane Irma, the County Attorney agreed to an extension that will require the
property owner to file its initial brief on or before 11/2/17.
8. 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 need to be rescheduled due to
Hurricane Irma.
9. 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.
10. 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.
11. Code Compliance Lien Collection cases. Due to Hurricane Irma, there is no
update for September.
12. 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.
13. Code Compliance Fine Reductions — Due to Hurricane Irma, there is no update
for September.
Case 17- 18986 -RAM Doc 41 Filed 09/28/17 Page 1 of 2
�
a�hFAN DIS81Cf OF A'O
ORDERED in the Southern District of Florida on September 27, 2017.
Robert A. Mark, Judge
United States Bankruptcy Court
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
In re: )
ENERGY3, LLC, )
Debtor. )
CASE N0. 17- 18986 -BKC -RAM
CHAPTER 11
ORDER GRANTING MONROE COUNTY RELIEF FROM THE AUTOMATIC STAY
The Court conducted a hearing on September 26, 2017 on Monroe
County, Florida's (the "County ") Motion for Relief from the
Automatic Stay Pursuant to 11 U.S.C. § 362 (the "Motion ") [DE #33].
For the reasons stated on the record at the hearing, which are
incorporated here by reference, the Court finds cause to grant the
County relief from the automatic stay to pursue all of its rights
and remedies under the Waste Supply and Processing Agreement
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Case 17- 18986 -RAM Doc 41 Filed 09/28/17 Page 2 of 2
between the County and the Debtor dated March 23, 2016 (the "WSA ") .
Therefore, it is -
ORDERED as follows:
1. The Motion is granted.
2. At the hearing, and by way of this Order, the Court makes
no findings with regards to whether the WSA terminated prior to
the filing of this bankruptcy case.
3. This Order is entered without prejudice to the Debtor
pursuing any and all defenses and /or claims it may have against
the County relating to the WSA.
COPIES TO:
Robert C. Meyer, Esq.
Drew M. Dillworth, Esq.
Eric J. Silver, Esq.
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