Item P01
4
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
May 18, 2016
Agenda Item Number: P.1
Agenda Item Summary #1690
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Bob Shillinger (305) 292-3470
n/a
AGENDA ITEM WORDING:
REVISED (WRITTEN REPORT ADDED). County Attorney
Report for May 2016 BOCC meeting
ITEM BACKGROUND:
See attached report.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
n/a
DOCUMENTATION:
County Attorney Report
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date: n/a
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:
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Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
n/a
REVIEWED BY:
Bob Shillinger Completed 05/11/2016 11:13 AM
Bob Shillinger Completed 05/11/2016 11:14 AM
Budget and Finance Skipped 05/10/2016 6:51 PM
Maria Slavik Skipped 05/10/2016 6:51 PM
Kathy Peters Completed 05/11/2016 11:16 AM
Board of County Commissioners Pending 05/18/2016 9:00 AM
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BOARD OF COUNTY COMMISSIONERS
CM
ounty of onroe
Mayor Heather Carruthers, District 3
Mayor Pro TemGeorge Neugent, District 2
Danny L. Kolhage, District 1
The Florida Keys
David Rice, District 4
Sylvia J. Murphy, District 5
Robert B. ShillingerCounty Attorney** Office of the County Attorney
,
th
Street, Suite 408
Pedro J. Mercado, Assistant County Attorney ** 1111 12
Cynthia L. Hall, Assistant County Attorney **Key West, FL 33040
Christine Limbert-Barrows, Assistant County Attorney **(305) 292-3470 –Phone
DerekV. Howard, Assistant County Attorney** (305) 292-3516 –Fax
Steven T. Williams, Assistant County Attorney**
Peter H. Morris, AssistantCounty Attorney
Chris Ambrosio, Assistant County Attorney
**
Board Certified in City, County & Local Govt. Law
To:Mayor Carruthers & Commissioners
From:Bob Shillinger, County Attorney
Date:May 10, 2016
Re:May 2016 County Attorney Report
1.*408YVOI]4SMRXMQTEGXWSR*/%%vW[IPPJMIPHW8he Board directed legal to
research options for taking legal action against FPLand othersentities due to the
threatto FKAA’s wellfields in Florida Cityposed by the hypersaline plume
emanating from the cooling canals at FPL’s Turkey Point facility. One option
included joining acitizen suit being contemplated byenvironmental advocates
against FPL as well as federal and state regulatory agenciesfor alleged violations
of the Clean Water Act, the Florida Environmental Protection Act, and other
statutes. In the interim, Florida DEP and US EPA have taken steps to engage on
the issue. It is too early to tell whether this engagement by the agencies will lead
to meaningful results or not. Regardless, the County’s options under the
applicable statutes depend in part on “inaction” by these agencies. Accordingly, I
recommend that we continue to monitor the situation closely but take no action at
this time. I reserve the right to change this recommendation in the future as the
situation develops.
2.+VMRHIVTYQTIEWIQIRXPMXMKEXMSRzTwo property owners in the Cudjoe Regional
Wastewater System service area filed suit against the County and FKAA seeking a
judicial declaration that they are not obligated under state law and county
ordinance to connect to the CRWS unless the grinder pump is located in the right
th
of way. At the May 18meeting, I will ask to schedule a closed session to discuss
th
the suit at the June 15meeting.
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3.*/74'%1SRVSI'SYRX]4YFPMG4VMZEXI4EVXRIVWLMTXSFYMPHERI[ERMQEP
WLIPXIVJSV/I];IWXERHXLI0S[IV/I]WThe FKSPCA’s solicitation to build
the new animal shelter on 5711 College Road is underway. Sealed responses will
be received and opened onMay 25, 2016 at 3:00 p.m.. This project is part of the
long-term agreement between the County and the FKSPCA wherebythe FKSPCA
will build a new, much needed facility to serve the citizens and animals of Monroe
County.For more information,visit www.fkspca.org
4.'SHI'SQTPMERGI0MIR'SPPIGXMSRGEWIWDuring the month of April 2016,
County legal staff filed five new code compliance lien collection cases in the Circuit
court. As of the beginning of May, code compliance and legal staff have collected
$534,743 in fines for FY16 (with five months left to go in the fiscal year). By wayof
comparison, in prior years the collections were as follows:
FY13-$488,442FY14-$503,372FY15-$642,623
5.4VSJIWWMSREP(IZIPSTQIRX. Assistant County Attorney Derek Howard has been
selected to present on the issue of legal issues associated with sea level rise at the
2016 American Planning Association’s Florida Conference in September. Derek
will be joined on the panel by Erin Deady, Esq. and Tom Ruppert, Esq. from UF’s
SeaGrant program.
6.%WWMWXERX'SYRX]%XXSVRI]ZEGERG].Assistant County Attorney Lisa Granger
has submitted her resignation. In the advertisement to fill the vacancy, we seek
candidates with real estate transactional experience, an area in which current staff
lacks extensive experience. At this writing, over 30 applicants have been received.
We hope to be in a position to announce the new hire by the June meeting.
7..SLR6MGLEVH'SPPMRW0IKEP7GLSPEVW4VSKVEQ. As summer draws near, we are
supplementing our staff with four interns/law clerks under the John Richard Collins
Legal Scholar Program. This year, the Florida Bar increased its grant awardto the
office to $3,000.00 to help offset costs associated with the program. This year’s
class includes:
1EVMI,E][SSH, a US Coast Guard reservist who graduated from law
school in 2015. Previously, Ms. Haywood served on active duty with the
Coast Guard. She will sit for the Florida Bar in July.
4EYP;MXOMI[MX^, who just finished his second year of law school at the
University of Miami. Prior to attending law school, Mr. Witkiewitzwas a
submarine officer in the US Navy and worked at JIATE in Key West. Last
summer, he clerked for the 16th Judicial Circuit. He resides in Key West.
2MGLSPEW'EWXMIPPS, an undergraduate at Florida State who aspires to go to
law school. Mr. Castiello’s family has a place on Cudjoe Key.
.IRM0II1EG0EYKLPMR, an undergraduate at Mary Baldwin College in
Virginia. Ms. MacLaughlin previously worked in her family’s real estate
appraisal business and lives on Big Coppitt.
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