Item Q1
5
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
June 15, 2016
Agenda Item Number: Q.1
Agenda Item Summary #1777
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Bob Shillinger (305) 292-3470
None
AGENDA ITEM WORDING:
County Attorney Report.
ITEM BACKGROUND:
N/A
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
N/A
DOCUMENTATION:
County Attorney Report June 2016
SM Code Fine Reductions AS OF JUNE 6 2016
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:
4EGOIX4K
5
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 06/08/2016 2:45 PM
Kathy Peters Pending
Board of County Commissioners Pending 06/15/2016 9:00 AM
4EGOIX4K
5E
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:June 7, 2016
Re:June 2016 County Attorney Report
1.*408YVOI]4SMRXMQTEGXWSR*/%%vW[IPPJMIPHWThe 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
th
emanating from the cooling canals at FPL’s Turkey Point facility.At the May 18
meeting, I advised the Board that the recent engagement of FDEP and US EPA on
the issue limited the County’s options for litigation at least until we can determine if
those agencies will actually be exercising their enforcement jurisdiction in an
adequate manner. We are continuing to monitor the situation closely.
2.(IPERI]
/YPMOS[WO]Z*/%%
z'%/ +VMRHIV
TYQTIEWIQIRXPMXMKEXMSRzTwo 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 unlessthe grinder pump is located in the right
of way. As of today’s date, the complaint had still not been servedon the FKAA or
the County. We have scheduled aclosed session to discuss the suit at the June
th
15meeting.
3.8VEYQE7XEV0ERHMRKWEX7YQQIVPERH%MVTSVXTo follow up on the discussion
regarding Trauma Star landings at the Summerland Airport in response to a
Sounding Board item, which was heard at the May 2016 meeting, the Sheriff’s
Office reports 24 Trauma Star landings since 1/1/11.
YearDayNightTotals
2011303
2012213
2013426
2014202
2015268
2016202
Totals15924
4EGOIX4K
5E
4.'SRWXERGI
'%4On 5/12/16, Judge
Garcia dismissed a false arrest, malicious prosecution, and battery suit against the
County for actions of a MCSO deputy in arresting Ms. Lincul and a loss of
consortium claim of Mr. Lincul. Judge Garcia ruled that the County was not a
property party to the lawsuit, rejecting a recommendation of a special magistrate to
keep the County as a party. Had that recommendation stood, the County could
have faced an exponential increase in the number of suitsto defend.
5.'SHI'SQTPMERGI0MIR'SPPIGXMSRGEWIW
Monroe County v. Nick & Anabel Martinez, CAP 14-92. Judge Garcia entered a
final judgment in favor of the County in the amount of $447,108.00 for unpaid code
fines. Legal staff will explore options for enforcing judgment against the Martinez
including seizing their assets in Miami-Dade County.
As of the beginning of June, code compliance and legal staff have collected
$634,978.96in fines and costs for FY16 (with four months left to go in the fiscal
year). By way of comparison, in prior years the collections were as follows:
FY13-$488,442FY14-$503,372FY15-$642,623
6.'SHI'SQTPMERGI*MRI6IHYGXMSRWzThe Board requested periodic updates on
fine reductions granted by the Special Magistrate. Please see the attached chart
for details.
7.%WWMWXERX'SYRX]%XXSVRI]ZEGERG].Over 50 people applied to fill the vacancy
created by Lisa Granger’sresignation. I am pleased to announce thatRene
Rogers has accepted our offer and will start work in July. Prior to becoming a
lawyer in 2012, Ms. Rogers has over 20 years’experience as a real estate agent
andbroker. Inaddition to her juris doctorate degree, Ms. Rogers earned her
Master’s in law degree in Real Property Development.
8.'PIVO6ITVIWIRXEXMSRDue to the resignation of Ron Saunders as the Clerk’s
general counsel, I have agreed to take over the representation of the Clerk on
some foreclosure cases where the Clerk holds an inferior lien and one other minor
case. Under § 2-179(b) of the County Code, the County Attorney is authorized to
represent constitutional officers to the extent there is no conflict between the
County and the Constitutional Officer on that matter.
4EGOIX4K