Item P054
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
September 21, 2016
Agenda Item Number: P.5
Agenda Item Summary #1999
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Steve Williams (305) 289-2584
N/A
AGENDA ITEM WORDING:
Presentation of a settlement offer in the matter of Carlos Burgos v.
Monroe County, Case No.: AP-P-16-7, a code compliance lien case regarding real property located
at 202 Dexter Court, Key Largo, FL 33037.
ITEM BACKGROUND:
This is an older (2011) code compliance case that was recently brought before the Special Magistrate
for mitigation. The property owner was not pleased with the decision of the Special Magistrate and
e
and below the amount Ordered by the Special Magistrate. Pursuant to the Order Imposing Fine, fines
10% of this amount.
On October 21, 2011, the County initiated Code Enforcement Case CE11100131 regarding
-homesteaded property at 202 Dexter Court in Tavernier. Violations included: failure
to obtain required building permits [110-140 (1)], shoreline accessory structures [118-12(C)],
setbacks (130-186), and unsafe structural elements [6-27(B)(2)A]. Between 2012 and 2014, the
property owner gained compliance on the various charges at various times. The case was heard by
the Special Magistrate in May of 2016. On June 16, 2016 the Special Magistrate entered an Order
reducing the fines to $251,367.98 due to the County in 30 days. The Special Magistrate reduced the
s not paid.
The attorney for the property owners filed his Notice of Appeal and Motion to Stay the Order
Imposing Fine on July 14, 2016. On August 12, 2016 a settlement offer of $40,000.00 was submitted
to settle this matter. is ethically obligated to convey settlement offers
to the Board.
PREVIOUS RELEVANT BOCC ACTION:
N/A
4EGOIX4K
4
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Reject the offer due to the offer being significantly below the
25% settlement figure traditionally sought and it being significantly below the written findings of the
Special Magistrate.
DOCUMENTATION:
proposed settlement offer07292016
FINANCIAL IMPACT:
Effective Date:
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:
Steve Williams Completed 08/22/2016 10:45 AM
Bob Shillinger Completed 08/30/2016 11:56 AM
Kathy Peters Completed 08/30/2016 12:01 PM
Board of County Commissioners Pending 09/21/2016 9:00 AM
4EGOIX4K
4E
4EGOIX4K
4E
4EGOIX4K