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Item R1County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting March 21, 2018 Agenda Item Number: R.1 Agenda Item Summary #3958 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 March 2018. ITEM BACKGROUND: See attached. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: N/A DOCUMENTATION: County Attorney Report March 2018 UPDATED Script Request for April 19, 2018 Closed Session (Denenberg v MMC) Script Request for April 19, 2018 Closed Session (KWRU) 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: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Bob Shillinger Completed 03/06/2018 3:29 PM Kathy Peters Completed 03/06/2018 3:31 PM Board of County Commissioners Pending 03/21/2018 9:00 AM County of Monroe nie 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 Fables, 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: March 6, 2018 (Updated 311112018) Re: March 2018 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 1/30/18, the County appealed to the Third DCA an order denying a motion for protective order for the depositions of senior county officials. A closed session is scheduled for the 3/21/18 BOCC meeting. Several motions scheduled for 3/29/18 and 4/25/18. 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; the County and State cross appealed. Briefing is complete. Oral argument held 2/14/18. Opinion expected to be released as early at 3/7/18. 3. Keith & Cheri Cohen v. Monroe County, 15- 10167 -CIV /USCA 17- 15552 -G — 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 12/6/17, the Cohens appealed the decision to the 11 Circuit Court of Appeals and requested a stay of the order compelling sale of the property. The 11 Circuit has denied the Cohen's motion for stay without prejudice, allowing for the District Court to rule on it first. 4. Monroe County & State of Florida v. Donald Davis (Collins) — 3D17 -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. Davis moved to dismiss the appeal. On 2/2/18, the Third DCA denied Davis' motion to dismiss the appeal. Davis filed his brief on 3/7/18. the County's reply brief is due 3/19/18. BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tem Sylvia J. Murphy, District 5 1/ Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 5. Monroe County v. Sugarloaf Volunteer Fire Department, Inc. and Sugarloaf WiFi, Inc. — CA K 17 — 631 — This suits seeks to void a contract between the SVFD and Sugarloaf WiFi on the grounds that SFVD did not approve that contact in a public meeting. WiFi has filed a motion to consolidate its Declaratory Judgment action against SVFD with the case filed the County. The court granted the County's motion to strike WiFi's affirmative defenses and found that the SVFD is subject to F.S. 286.011, the Sunshine Law. 6. 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. On 2/20/18, the Court approved a settlement agreement whereby E3 paid off its principal creditor, a former partner and dismissed the case. 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. 3D17- 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 filed its initial brief on 12/31/17. The County has until 3/23/18 to file its brief. 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. Maverick's insurer is providing insurance defense counsel to the County. Discovery is 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 in a car purchased at auction from MCSO over a decade ago. The County's fleet department maintained that vehicle. County will be filing a motion for summary judgment. 11. Kelaris v. County, et. al., Case # 17 -CA- 561 -P: The plaintiff drove her vehicle into a County vehicle being driven by employee. Discovery is just beginning. 12. McDonough v. County, et. al., Case # 17 -CV- 23227: McDonough recently re -filed this action in Federal court against multiple South Florida governmental agencies and officials and law enforcement officers. The complaint contains 32 counts and alleges multiple violations of his Federally protected rights. The action is still pending and motions to dismiss are filed. 13.Vacation Rental Prosecutions. In January, 17 vacation rental cases appeared on the agenda; 15 resulted in findings of violation including 6 by stipulation and 2 cases were continued. The Special Magistrate imposed fines of $89,050. In February, 23 vacation rental cases appeared on the agenda; 18 resulted in findings of violation, including 3 stipulations. The Special Magistrate imposed fines of $157,800. 14. Code Compliance Lien Collection cases. For the first 3 months of FY17/18, county staff with the assistance of legal has collected $413,654.36 in fines and costs. Request for Closed Session by County Attorney For the record, Bob Shillinger, in my capacity as County Attorney for the Board of County Commissioners of Monroe County. As you are aware, the County is currently in litigation in the matter of In Re: Marine Mammal Conservancy, Inc., Case No. 18- 10594 -LMI, United States Bankruptcy Court, Southern District of Florida, Miami Division. I need your advice concerning the litigation and request that you schedule at least one private meeting. The subject matter of this meeting will be confined to settlement negotiations and strategy sessions related to litigation expenditures. The persons to be in attendance at this closed meeting will be the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger; Assistant County Attorneys Derek Howard, Peter Morris, Steve Williams, special litigation counsel Drew Dillworth, Esq. and a certified court reporter. By law, no other persons are permitted to be present at this meeting. It is estimated this meeting will take approximately thirty (30) minutes. As required by law, the court reporter shall record the times of commencement and termination of the meeting, all discussions and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the meeting will be "off the record ". The court reporter's notes will be fully transcribed, sealed, and then filed with Kevin Madok, as Clerk. The transcript shall be made part of the public record upon conclusion of the litigation. It is requested that you schedule a closed meeting of the Board to be held at the regularly scheduled meeting on April 19, 2018 in Marathon, FL at 1:30 p.m. or as soon thereafter as may be heard. Request for Closed Session by County Attorney For the record, Bob Shillinger, in my capacity as County Attorney for the Board of County Commissioners of Monroe County. As you are aware, the County is currently in litigation in the matter of KW Resort Utilities Rate Application, Florida Public Service Commission Docket No. 20170141 -SU. I need your advice concerning the litigation and request that you schedule a private meeting. The subject matter of this meeting will be confined to settlement negotiations and strategy sessions related to litigation expenditures. The persons to be in attendance at this closed meeting will be the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger; Assistant County Attorney Cynthia Hall, special litigation counsel John T. LaVia and Robert Scheffel Wright of the law firm of Gardner Bist, and a certified court reporter. By law, no other persons are permitted to be present at this meeting. It is estimated this meeting will take approximately thirty (30) minutes. As required by law, the court reporter shall record the times of commencement and termination of the meeting, all discussions and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the meeting will be "off the record" The court reporter's notes will be fully transcribed, sealed, and then filed with Kevin Madok, as Clerk. The transcript shall be made part of the public record upon conclusion of the litigation It is requested that you schedule the closed meeting of the Board to be held at the regularly scheduled meeting on April 19, 2018 in Marathon, FL at 1:30 p.m. or as soon thereafter as may be heard.