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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
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Mayor Pro Tern Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: 0.1
Agenda Item Summary #3653
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 December 2017.
ITEM BACKGROUND: See attached.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
County Attorney Report December 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
Completed
Completed
Pending
12/05/2017 4:41 PM
12/05/2017 4:49 PM
12/13/2017 9:00 AM
County of Monroe
The 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 Eables, 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: December 5, 2017
Re: December 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. AshBritt, Inc. v Monroe County & FDOT, CAK17 -802. County's hurricane debris
contractor filed suit against the County and FDOT for breach of contract and
declaratory relief. On 12/1/17, AshBritt filed an Amended Complaint. The County
had already filed a motion to dismiss the original complaint and will amend that filing.
That motion has not been scheduled for a hearing as of this date. The Board will
meet in closed session on 12/13/17 to discuss this matter.
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 filed its answer
brief on 11/27/17. Oral argument has been scheduled for 2/14/17.
3. 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. On 11/15/17, the Court entered a final judgment in favor of the County.
The property owners have until 12/15/17 to file an appeal with the 11 th Circuit.
4. 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 enabled the County to
terminate the underlying waste supply agreement irrespective of the automatic stay.
The County sent E3 a termination letter on 10/20/17.
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
5. 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 10/18/17 to discuss property owner's proposal for
settlement. Property owner has filed a motion to dismiss the appeal which has not
been ruled upon.
6. 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 12/13/17.
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.
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. The property
owner has sought an extension to 1/2/18 to file its brief; the Court has yet to rule
upon that request.
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.
Maverick's insurer recently accepted tender though the final details are still being
negotiated. Discovery ongoing.
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 ongoing. The County's
motion to dismiss is scheduled for 1/31/18.
11. Code Compliance Lien Collection cases. Due to the responsibilities of the Code
Compliance Department in the recovery effort from Hurricane Irma, the is no report
on lien collection activity for the month of November.
12. Vacation Rental Prosecutions. Due to the responsibilities of the Code Compliance
Department in the recovery effort from Hurricane Irma, there were no Special
Magistrate hearings in November.
13. Code Compliance Fine Reductions. Due to the responsibilities of the Code
Compliance Department in the recovery effort from Hurricane Irma, there are no fine
reductions to report for the month of November.
14. Professional Development, Scholarly Work, and Peer Review.
a. Assistant County Attorney Derek Howard authored an article regarding the
effects of Federal and State regulations have on the defense of inverse
condemnation proceedings. Publication is anticipated in the next edition of
the Florida Bar's Environmental & Land Use Section Reporter.
b. Several members of the County Attorney's office to provided edits to and
comment on a scholarly article authored by OF Sea Grant's program attorney
on the effect that sea level rise will have on the liability of local governments
with respect to constructing and maintaining roadways.
c. The County Attorney also provided edits to and comments on a trial memo
that is being filed in a bond validation proceeding brought by Lake County.
The County Attorney's comments were directed to the effect that the Florida
Keys Stewardship Act had on the infrastructure sales surtax statute.