Item P1County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
April 19, 2018
Agenda Item Number: P.1
Agenda Item Summary #4052
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 April 2018.
ITEM BACKGROUND: See attached.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
County Attorney Report April 2018
Copy of Copy of VR MONTHLY REPORT 2018 (00000002)
Copy of TOTAL FINES COLLECTED PER MONTH AS OF FEBRUARY 2018 TRANSPOSED
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 04/05/2018 3:04 PM
Kathy Peters Completed 04/06/2018 8:57 AM
Board of County Commissioners Pending 04/19/2018 9:00 AM
County of Monroe
Tie Florida Keys
Robert B. Shillinger, County Attorney"
Pedro J. Mercado, Assistant County Attorney **
Cynthia L. Hall, Assistant County Attorney **
Christine Limbed- 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 Rice & Commissioners
From: Bob Shillinger, County Attorney
Date: April 4, 2018
Re: April 2018 County Attorney Report
Office of the County Attorney
1111 12th Street, Suite 408
Key West, FL 33040
(305) 292 -3470 — Phone
(305) 292 -3516 — Fax
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.
That appeals as well as the motions scheduled for 3/29/18 have been resolved
without a hearing. The County is filing its answer and affirmative defenses.
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 was held 2/14/18. The Court issues opinions every
Wednesday @ 10:45 a.m.
3. KW Resort Utilities Corp. Rate Litigation (Florida Public Service Commission
Docket No. 20170141 -SU). In June 2017, KWRU sent notification to the Public
Service Commission (PSC) of the utility's intent to seek another rate increase.
KWRU filed its application and supporting documents in November 2017. On
average, it requests a rate increase of 59 %, beyond the rates that were approved
last year. The County and the Office of Public Counsel (representing all ratepaying
customers) filed testimony in opposition to the rate increase with the PSC in mid -
March. A public hearing is set for May 15 -17, 2018, 9 am — 5 pm each day, at the
Doubletree Grand Resort on 3990 S. Roosevelt Blvd. In addition, the PSC will
hold a "customer service input" hearing on the evening of Tuesday, May 15, 2018,
6 -8 pm, also at the Doubletree. Any customer who wishes to be heard can show
up and speak at that portion of the hearing.
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Mayor Pro Tern Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
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George Neugent, District 2
Heather Carruthers, District 3
4. Keith & Cheri Cohen v. Monroe County, 15- 10167 -CIV /USCA 17- 15552 -G — On
7/28/17, U.S. District Judge Jose Martinez found 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. On 12/6/17, the Cohens appealed the decision
to the 11th Circuit Court of Appeals and requested a stay of the order compelling
sale of the property. The Court denied the motion for stay in order to let the District
Court rule first on that issue. Briefing is complete. Appellate mediation was held
3/29/18 but was unsuccessful.
5. 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. The County's brief is due 4/24/18.
6. Monroe County v. Sugarloaf Volunteer Fire Department, Inc. and Sugarloaf
WiFi, Inc. — CA K 17 — 631 — This is a claim under the Government in the
Sunshine Act which would seek to void a contract between the SVFD and
Sugarloaf WiFi on the grounds that SFVD did not approve that contact in a public
meeting. The County's motion for summary judgment is scheduled for 5/2/18.
7. In re: Marine Mammal Conservancy, Inc., 18- 10594 -LMI — On the eve of a
clerk's auction, the debtor filed for chapter 11 protections. On 3/29/18, the County
filed a motion to dismiss and /or relief from stay. A closed session is scheduled for
4/19/18.
8. 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 Court
will hear the parties' cross motions for summary judgment on 7/25/18.
9. 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 County
filed its brief on 3/23/18. The property owner's reply brief is due @ 5/3/18.
10. 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. Discovery ongoing.
11. Jonathan Sattele v. AAA Auto Club, Monroe County, MCSO, et. al. CA K 17-
457. The Plaintiff was injured in an auto accident while 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.
12. Code Compliance Lien Collection cases. Attached please find the latest report
detailing the collection efforts for fines. For the first 5 months of FY17/18, county
staff with the assistance of legal have collected $506,246 in fines.
13.Vacation Rental Prosecutions. In March, 28 vacation rental cases appeared on
the agenda; 25 resulted in findings of violation including 10 by stipulation. Three
cases were continued. The Special Magistrate imposed fines of $177,780.00. The
year to date report is attached as additional back up to the agenda item.
14. Professional Development. Due to Assistant County Attorney Derek Howard's
expertise in defending the County in inverse condemnation cases, the International
Municipal Lawyers Association (IMLA) invited him to participate in a panel
discussion on last year's U.S. Supreme Court decision Murr v. Wisconsin at IMLA's
Mid -Year Seminar in Washington, DC on 4/21/18.
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# VR CASES SCHEDULED
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KAWAMA CASES W/NO PENALTY
NO CASES SCHEDULED DUE TO HURRICANE IRMA
NO CASES SCHEDULED DUE TO HURRICANE IRMA
NO CASES SCHEDULED DUE TO HURRICANE IRMA
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TOTAL FINES COLLECTED PER MONTH AS OF FEBRUARY 2018 TRANSPOSED Packet Pg. 2413
2017 -2018 FISCAL YEAR
OCT
NOV
DEC
JAN
FEB
MARCH
APRIL
MAY
JUNE
JULY
AUG
SEPT
TOTAL
VR
31,201
26,455
27,100
9,908
59,950
154,614
COLLECTIONS
54,342
58,996
188,866
1,650
47,778
351,632
506,
CUMULATIVE
85,543.00
170,994.00
386,959.50
398,518
506,246
2016 -2017 FISCAL YR
OCT
NOV
DEC
JAN
FEB
MARCH
APRIL
MAY
JUNE
JULY
AUGUST
SEPT
TOTAL
VR
73,611
108,012
50,148
3,300
20,988
43,116
10,136
53,001
36,326
19,116
105,236
0
522,990
COLLECTIONS1
143,539
120,192
224,790
16,510
50,379
107,464
36,693
63,069
45,064
72,342
123,578
0
1,003,620
1,526,
CUMULATIVE
217,150.00
445,354.00
720,292.00
740,102
811,469
962,049
1,008,878
1,124,948
1,206,338
1,297,796
1,526,610
1,526,610
2015 -2016 FISCAL YEAR
OCT
NOV
DEC
JAN
FEB
MARCH
APRIL
MAY
JUNE
JULY
AUG
SEPT
TOTAL
VR
6,600
5,500
17,000
2,220
12,193
13,506
5,830
28,400
13,350
20,745
14,600
2,4181
142,362
COLLECTIONS1
45,238
37,517
46,248
102,969
33,057
71,204
186,837
88,368
57,995
32,309
40,781
68,0961
810,6191
952,
CUMULATIVEI
51,838.00
94,855.00
158,102.50
263,292
308,542
393,252
585,919
702,687
774,032
827,086
882,467
952,981
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TOTAL FINES COLLECTED PER MONTH AS OF FEBRUARY 2018 TRANSPOSED Packet Pg. 2413