Item R036
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
July 20, 2016
Agenda Item Number: R.3
Agenda Item Summary #1791
BULK ITEM: DEPARTMENT:
Yes County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Cynthia Hall (305) 292-3470
11:00 a.m.
AGENDA ITEM WORDING:
Discussion and possible approval regarding application by
Domestic Abuse Shelter, Inc., for 2016 award from the Sheriff's Shared Asset Forfeiture Fund
account.
ITEM BACKGROUND:
At the May 18, 2016 meeting, the Board of County Commissioners
(BOCC) reviewed the recommendation of the Shared Asset Forfeiture Fund (SAFF) advisory board,
regarding applications from various organizations for use of the funds in the upcoming fiscal year.
One of the applications (application #24) was from Domestic Abuse Shelter, Inc., for funds to be
used as a local match for a Florida Coalition Against Domestic Violence (FCADV) grant awarded
by the Florida Department of Children and Families. Under Monroe County Code section 2-477, the
SAFF advisory board is required to meet no later than May 31st each year and present its list of
recommendations to the BOCC. In this case, the advisory board recommended awarding $7,184.14.
However, subsequent to the meeting of the advisory board, County staff received information
indicating that DCF had temporarily suspended the certification of DAS to operate its shelter,
causing DAS to enter into an management agreement with another corporation, Victim Response,
Inc. Of Miami, to operate the shelter. It is County's staff understanding that the certification is
required in order to apply for or receive the FCADV grant. This information called into question
DAS's need for the local match funds. Based on this information, the BOCC approved the
remainder of the items on the Sheriff's recommendation list, and directed that the question of the
$7,184.14 funds be brought back to the BOCC at a subsequent meeting.
PREVIOUS RELEVANT BOCC ACTION:
5/18/2016 BOCC meeting: item L-1, approval of FY 2016 recommendations of the Monroe County
Shared Asset Forfeiture Fund Advisory Board. All recommendations were approved, with the
exception of $7,184.14 recommended for DAS. The BOCC directed that this item should be brought
back to the BOCC at a future date.
CONTRACT/AGREEMENT CHANGES:
None
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STAFF RECOMMENDATION:
1. Award funds to DAS.
2. Award funds to Victim Response, Inc. If this option is taken, staff recommends that the award
be made contingent on an agreement between the Sheriff and Victim Response to ensure that the
funds are expended on the Monroe County shelter.
3. Do not award the funds to DAS or Victim Response, Inc. Return the funds to the SAFF.
Staff recommendation is not to award the funds to DAS or Victim Response, unless the entities (a)
provide satisfactory proof that the funds can be used for the purpose intended (i.e., to serve as the
local match for the FCADV grant), and (b) clarify whether the recipient will be DAS or Victim
Response, Inc.
DOCUMENTATION:
MCSO 1 Sheriff's 2016 SAFF Recommendations
#24 Domestic Abuse Shelter
Memo, DAS 7.1.2015-signed
Ltr J Powell 6.17.2016
FINANCIAL IMPACT:
Effective Date: Oct. 1, 2016
Expiration Date:
Total Dollar Value of Contract: $7,184.84
Total Cost to County: $7,184.84
Current Year Portion: 0
Budgeted:
yes
Source of Funds: Shared Asset Forfeiture Fund
CPI: No
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match
: No
Insurance Required:
No
Additional Details:
REVIEWED BY:
Cynthia Hall Completed 06/16/2016 11:17 AM
Bob Shillinger Completed 06/16/2016 12:14 PM
Budget and Finance Completed 06/16/2016 3:57 PM
Maria Slavik Completed 06/20/2016 7:14 AM
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Kathy Peters Completed 06/21/2016 11:03 AM
Board of County Commissioners Pending 07/20/2016 9:00 AM
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MEMORANDUM
Office of the Monroe County Attorney
TO: Mayor and County Commissioners
County Administrator Roman Gastesi
Sheriff Rick Ramsey
THROUGH:Bob Shillinger, County Attorney
Patrick McCullah,Monroe County Sheriff’s OfficeGeneral Counsel
',
FROM: Cynthia L. Hall, Assistant County Attorney
DATE: July 1, 2016
SUBJECT: Shared Asset Forfeiture Fund: Action on Application from Domestic Abuse
Shelter, Inc.
st
Section 2-477 of the MonroeCounty Code provides that each year, by no later than May 31, the
Shared Asset Forfeiture Fund (SAFF) advisory board will conduct a public hearing and make a
recommendation to the Board of County Commissioners regarding the expenditure of funds in
the Sheriff’s SAFF account. The amount available to be disbursed annually is the net annual
dividend and interest derived from the principal in the SAFF account. Under Section 2-477(d) of
the Monroe County Code, the BOCC “may approve or disapprove each recommendation as the
[BOCC] determine[s]best serves the public interest and welfare.”
This year, in advance of the May 18, 2016 meeting and in accordance with Section 2-477, the
SAFF advisory board conducted its public hearing. The SAFF advisory board subsequently
forwarded its list of recommendations to the County Administratorfor the May agenda.Item
L-1 on the May 18, 2016 BOCC agenda asked for approval to alist of recommended recipients
for the upcoming fiscal year, from the Shared Asset Forfeiture Fund. Item 24 on the list was a
recommendedaward in the amount of $7,184.14, to Domestic Abuse Shelter, Inc.(DAS).The
application submitted by DAS stated that the funds would be used as part of the $130,000 local
match for a Florida Coalition AgainstDomestic Violence (FCADV) grant in the amount of
1
$701,912awarded annually by the Florida Department of Children and Families (DCF).
Subsequent to the SAFF advisory board meetingbut prior to the May 18, 2016 BOCC meeting,
this office was presented with information regarding DAS. Responding to an inquiry from this
office, Ms. Jennifer Powell, President of the DAS Board of Directors, confirmed that (a) DCF
had temporarily suspended DAS’s certification to operate a shelter, and as a result (b) DAS had
entered into a management agreement with Victim Response, Inc. (also known as “The Lodge”)
to operate DAS’s Marathon shelter.
1
According tothe application submitted by DAS to the SAFF advisory board, DAS was (at the time) the only
certified domestic violence center in Monroe County.
1
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At the meeting, the Board of County Commissionersapproved all items on the list with the
exception of theitem for DAS. The BOCC directed staff to bring this one amount back to the
BOCC forconsideration at a subsequent meeting.
During the week of June 20, 2016, I spoke with Ms. Jennifer Powell, President of the Board of
Directors of DAS. I advised Ms. Powell that the agenda item would be placed in front of the
BOCC on July 20, 2016, andgave Ms. Powell a list of questions that I thought the
Commissioners might want answered. A copy is attached to this agenda item. In a subsequent
e-mail from Ms. Powell to Ms. Laura deLoach-Hartle, Ms. Powell stated that she was planning
on being at theBOCC meeting to answer questions. She also stated that DAS was working to
address the issues identified by the State in its suspension order of May 3, 2016, and that DAS
had every intention of regaining its certification.
The
The purpose of this agenda itemis to place the item in front of the BOCC as requested.
BOCC’s options are:
1.Award funds to DAS.
2.Award funds to Victim Response, Inc. If this is the option used by the Commissioners,
staff would recommend that the award be made contingent on an agreement between the
Sheriff and Victim Response to ensure that the funds are expended on the Monroe
2
County shelter.
3.Do not award the funds to DAS or Victim Response, Inc. Return the funds to the SAFF.
Staff recommendationis not to award the funds to DAS or Victim Responseand to return the
funds to the SAFF account for use in another year, unless the entities (a) provide satisfactory
proof that the funds can be used for the purpose intended (i.e., to serve as the local match for the
FCADV grant), and (b) clarify who the recipient will be.
The application was submitted by DAS; however, the BOCC could conclude that it will award
the funds to Victim Response, Inc., if the BOCC is satisfied that there is a legitimate agreement
between DAS and Victim Response, Inc., to share the award and if the BOCC is satisfied that
there are adequate assurances that the funds will only be used for the Monroe County shelter.
Cc:Ms. Jennifer Powell, President, Board of Directors, Domestic Abuse Shelter, Inc.
2
Monroe County Code section 2-477(f) provides if the item requires an agreement with a third party vendor, the
agreement must be entered into between the vendor and the Sheriff.
2
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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
Derek V. Howard, Assistant County Attorney** (305) 292-3516 –Fax
Steven T. Williams, Assistant County Attorney**
Peter H. Morris, Assistant County Attorney
Chris Ambrosio, Assistant County Attorney
**
Board Certified in City, County & Local Govt. Law
June 17, 2016
By e-mail to jpowell@fldas.organd U.S. Mail:
Ms. Jennifer Powell
President
Domestic Abuse Shelter, Inc.
P.O. Box 522696
Marathon, FL 33050
Re:Shared Asset Forfeiture Fund/ Application by Domestic Abuse Shelter, Inc.
Dear Ms. Powell:
This office represents the Monroe County Board of County Commissioners. Thank you for taking
the time to speak with me earlier today.
Under Section 2-477 of the Monroe County Code, each year the Board of County Commissioners
(BOCC) makes a decision on the use of funds within the Sheriff’s Shared Asset Forfeiture Fund
(SAFF), based on the recommendations of the SAFF advisory board, and based on proposals
submitted by community organizations such as the Domestic Abuse Shelter for SAFF funds for the
upcoming year. At its May 18, 2016 meeting, the Monroe County Board of County
Commissioners (BOCC) elected to defer its vote on the application by Domestic Abuse Shelter,
Inc. (DAS) for funds from the Sheriff’s Shared Asset Forfeiture Fund. The BOCC instead directed
staff to bring DAS’s application back to the BOCC in a subsequent meeting, so that staff would
have more time to get information about DAS’s status. As you probably recall, when you and I
last spoke, you indicated that DAS had recently entered into a management agreement with Victim
Response, Inc. (also known as “The Lodge”), and you indicated that you were literally in the
middle of a meeting with Victim Response and your board to work out the operating details.
July 20, 2016
DAS’s application will be placed back in front of the BOCC onits agenda. The
Marathon Government Building,2798 Overseas Highway,
BOCC meeting will be held at the
nd
2Floor, Marathon, FL 33050
.At that time, the BOCC will decide whether to award the funds
to DAS, or return the funds to the SAFF for use in another year. I have asked for a time
11a.m
approximate (when the item will be heard) of .You are welcome to attend the meeting. It
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Ms. Jennifer Powell
Domestic Abuse Shelter, Inc.
June 17, 2016
Page 2
is likely that the BOCC will have some questions that you or someone else from DAS is in the best
position to answer, includingthe following:
1.It is our understanding that as of May 18, 2016, the State of Florida Department of
Children and Families (DCF) had temporarily suspended DAS’s certification to operate a
domestic violence shelter. What is the status of DAS’s certification?
2.The SAFF application submitted by DAS states that the funds will be used as a portion of a
$130,000 local match for a Florida Coalition Against Domestic Violence (FCADV) grant
issued by DCF. Please clarify whether the grant applicant will be DAS, or Victim
Response, Inc. Please clarify whether DAS can be the grant applicant, if DAS’s
certification as a domestic violence shelter has been suspended.
3.If the entity applying for the FCADV grant will be some entity other than DAS (including
but not limited to Victim Response, Inc.), the BOCC will likely want to understand the
legal relationship between that entity and DAS. Giventhat DAS filled out the SAFF
funding application,the BOCC does not yet have any information onthat entity.
4.If the other entity is not headquartered in MonroeCounty, the BOCC may wish to have a
contractual agreement in place with that entity to ensure that the SAFF funds are spent in
Monroe County. You, or a representative of the other entity, may wish to state whetherthe
other entity is amenable to such an agreement.
No written response to these questions is required, however, I would appreciate it if you would call
me at least a week in advance of the meeting to discuss DAS’s status.
Very truly yours,
Cynthia L. Hall
Assistant County Attorney
Cc:Patrick McCullah,Esq., General Counsel, Monroe County Sheriff’s Office
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