Item N4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16, 2011 (Key Largo) Division:
Bulk Item: Yes X_ No _ Department: County Attorney
Staff Contact Person/Phone # Suzanne Hutton 292 -3470
AGENDA ITEM WORDING: Approval of amendment to contract with County Attorney to extend
term of contract one year to October 31, 2012.
ITEM BACKGROUND: The current contract with the County Attorney expires October 31, 2011.
The attorney is seeking an additional year extension. The matter is placed on the agenda now to
provide time to conduct a process to replace the attorney if that is the BOCC's desire.
PREVIOUS RELEVANT BOCC ACTION: Approval of contracts 4/19/2006; extension of contract
with County Attorney 10/21/2009; June 29, 2010 amendment to incorporate auto allowance into form
of compensation used for retirement purposes consistent with contributions made to FRS since
inception of contract to conform to FRS interpretation.
CONTRACT /AGREEMENT CHANGES: Extension to October 31, 2012, and a date correction of
the first paragraph of Amendment No. 2, which stated the amendment was entered July 21, 2010 when
the BOCC actually approved it at a special meeting on June 29, 2010.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: -O- (no change) INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: -0- SOURCE OF FUNDS: ad valorem
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
AMENDMENT No. 3 TO EMPLOYMENT AGREEMENT
COUNTY ATTORNEY
THIS AMENDMENT TO AGREEMENT is made and entered into this 16th day of February, 2011,
between the Board of County Commissioners of Monroe County and Suzanne A. Hutton.
WHEREAS, the parties entered into a contract on April 19, 2006, for employment of
Attorney as the County Attorney; and
WHEREAS, the parties extended the contract amendment on October 21, 2009; and
WHEREAS, on June 29, 2010, the contract was amended to conform compensation to the
retirement base, although the text of Amendment No. 2 states it was approved on July 21, 2010; and
WHEREAS, the parties desire to exercise one additional year extension; now therefore,
IN CONSIDERATION OF the mutual covenants contained herein, The Parties agree as follows:
1. The contract entered into between the parties on April 19, 2006, as amended on October 21,
2009, and on June 29, 2010, shall be amended as follows:
(a) The initial paragraph of Amendment No. 2 shall be revised to read:
"THIS AMENDMENT is made and entered into this 29 day of June, 2010, between the Board
of County Commissioners of Monroe County, Florida, hereinafter "County," and Suzanne A.
Hutton, hereinafter "Attorney."
(b) According to Paragraph 5B a second extension of the contract dated April 19, 2006, as
amended October 19, 2009 and June 29, 2010, is hereby exercised to extend the contract to October
31, 2012 at 5:00 P.M.
2. All other provisions of the Agreement entered April 19, 2006, as amended October 21, 2009,
and June 29, 2010, not inconsistent herewith shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
respective names on the date first set above.
Mayor Heather Carruthers
Mayor Pro Tem David Rice
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By.
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor
MONROE COUNTY ATTORNEY
APP OWED AS TO FORM,
S AN M. GRIM LEY
EMPLOYMENT AGREEMENT
THIS AGREEMENT is entered into the 19th day of April, 2006, by and between the Board
of County Commissioners of Monroe County ('Board), Florida, a political subdivision of the State
of Florida, whose address is 500 Whitehead Street, Key West, Florida 33040, and Suzanne A.
Hutton, an attorney licensed to practice law in the State of Florida, ( "Attorney "), whose residential
address is 551 Pine Lane, Big Pine Key, Florida 33043.
WHEREAS, Attorney is presently filling the position of Interim County Attorney; and
WHEREAS, Board desires to hire Attorney as its County Attorney; and
WHEREAS, the parties have determined that the terms and conditions of this Agreement are
to the equitable benefit of both parties;
NOW, THEREFORE, the Board and Attorney hereby agree as follows:
1. Employment. Attorney is hereby employed by Board as County Attorney, which position shall
be a full -time position. Work hours performed, annual leave, personal leave, and sick leave hours
taken will be documented on a form or forms to be provided by Board. Board agrees that any
period of probationary service that may be applicable to the position of County Attorney under the
provisions of the Monroe County Personnel Policies and Procedures Manual is hereby waived.
2. Sole Client. Attorney agrees that she will not provide legal services, whether for a fee or pro
bono, for any other person or entity without the express written approval of the Board. It is the
intent of this section that Attorney will have no other private or public clients.
3. Post - Employment Restrictions. Attorney agrees that, for a period of twenty -four (24) calendar
months from the effective date of termination of this Agreement, Attorney shall conform to the
requirements of Chapter 2, Article XXI, Monroe County Code, governing lobbying and
procurement ethics for former officers and employees, and shall not represent clients before the
Board or any of its advisory bodies.
4. Disclosure of Financial Interests. Section 112.3145, Florida Statutes, requires financial disclosure
by a "local officer," and subsection (1)(a) defines local officer to include "any person holding one or
more of the following positions: ... county or municipal attorney." Attorney agrees to make such
disclosures on such forms and at such times as may be required by state law.
5. Term of Agreement; Termination.
A. Normal Term. The normal term of this Agreement will be for a period of forty -eight (48)
calendar months, commencing at 9:00 A.M. on the 1st day of May, 2006, and ending at 5:00 P.M.
on the 30th day of April, 2010.
B. Extension of Term. The parties shall have the following options for extension of term of
agreement, to be mutually exercised by written addendum to this agreement. The first renewal
option shall be for a term of eighteen months, and any further renewals shall each be for a term of
twelve months.
C. Termination of Agreement.
Hutton/Co.Atty. 1
1. By Board for Cause. This Agreement may be terminated by Board for cause by a majority
vote of the Board of County Commissioners at a duly noticed public meeting. At least fifteen (15)
days prior to the date on which the agenda for the Board of County Commissioners is prepared that
contains the item of termination to be acted upon, Board will provide to Attorney a detailed written
statement of the reason or reasons for which termination is being sought. The statement will
include, but not be limited to, the act or acts, omission or omissions, or default or defaults which
form the basis for which termination is sought, along with the relevant date or dates, time or times,
and location or locations. As used in this paragraph, "for cause" means (a) dishonesty with respect
to the business and operation of the Board; (b) confirmed violation of the Board's drug policy; (c)
refusal to cooperate in an investigation regarding any aspect of the business or operation of the
Board, which investigation is conducted by or at the express direction of the Board; (d) conviction
of a crime which is classified as a felony or a crime involving moral turpitude; and (e) gross neglect
or willful or intentional misconduct.
2. By Attorney for Breach. This Agreement may be terminated by Attorney upon a breach of
this Agreement by Board, provided the Board has not cured the breach within thirty (30) days
following receipt of the notice of the breach. If the breach has not been cured, termination will be
effective on the thirty -first day following receipt of written notice from Attorney by the Board.
Notice shall be deemed to be received by the Board if sent to the Mayor.
3. By Normal Expiration. This Agreement is terminated upon its normal expiration date as
stated in Section S.A. Upon normal expiration without a renewal, Attorney will be entitled only to
payment for salary through the effective date of resignation, plus the full amount attributable to
accrued annual leave and one -half the amount attributable to accrued sick leave, as is provided to all
County employees of the length of service Attorney has with the County.
4. By Board Without Cause. Board may terminate this Agreement without cause, effective
thirty (30) days after giving written notice to Attorney by hand delivery or US mail, sent certified,
return receipt requested, deemed effective notice upon receipt or attempted delivery. Such
termination will be by majority vote of the Board at a duly noticed public meeting. Upon the vote of
termination, Board and Attorney may agree that Attorney remain within the Office of the County
Attorney, accepting an Assistant County Attorney position, retaining Senior Management status,
and to be paid at an annual salary which shall be computed by adjusting the Attorney's annual
salary as of March 15, 2006, for all merit and cost -of- living raises which Attorney would have
received during the time of this contract had Attorney remained in her position as an Assistant
County Attorney, and to transfer all accrued sick and annual leave to said position. In the event that
the parties do not agree to Attorney remaining in the Office of the County Attorney, within thirty
(30) days after the effective date of termination, County shall pay to Attorney a sum equal to one-
half of the per annum salary which Attorney is receiving as of the date of the vote of termination
plus payment for all unused annual leave and all unused sick leave. Upon payment in full or
reappointment to an Assistant County Attorney position, Attorney shall execute a general release in
favor of all officers, members, and employees of Board relating to any cause or causes of action
Attorney has, had, or may have related to the Agreement and the termination thereof. The general
release shall encompass all applicable federal, state, and local laws and ordinances relating to
claims of illegal discrimination, intentional and unintentional torts, whistle blower rights, and all
other types of claims whether known or unknown through the date of cancellation. To the extent
that it is prohibited by applicable federal, state or local law, this provision shall be deemed void and
of no effect.
Hutton/Co.Atty.
D. Resignation. In the event that Attorney resigns from the position of County Attorney prior to the
normal expiration date of this Agreement, she shall be entitled only to payment for salary through
the effective date of resignation, plus the full amount attributable to accrued annual leave and one-
half the amount attributable to accrued sick leave, as provided to all County employees of the length
of service Attorney has with the County. At least thirty days prior to the effective date of
resignation, written notice of resignation shall be delivered to the Mayor by hand delivery or US
mail, sent certified, return receipt requested, deemed effective notice upon receipt or attempted
delivery.
6. Compensation.
A. Amount. The Board will pay to Attorney, as and for a base salary, the sum of ONE
HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) per annum for the first year of
employment. The base salary shall be increased thereafter according to the County policy of cost -
of- living and merit increases provided to other County employees.
B. Payment. Base salary payments will be paid in equal biweekly installments (26 pay
periods per annum), or as otherwise may be mutually agreed to in writing.
C. Professional Certification. Attorney is certified by the Florida Bar as a specialist in City,
County, and Local Government Law. Pursuant to Sec. 2- 360(c), Monroe County Code, Attorney
shall be paid $250.00 monthly in addition to the base salary.
D. Attorney shall be entitled to health, accidental death & dismemberment and life insurance
coverage under County group policies, and shall retain the right to the health insurance coverage
available to retirees who were hired prior to October 1, 2001, pursuant to Resolution No. 119 -2001,
as modified by Resolutions No. 154 -2003 and 354 -2003. Nothing in this agreement shall set aside
Attorney's rights under the "Rule of 70."
7. Transportation Allowance. Attorney agrees that she will be responsible for providing her own
motor vehicle for transportation within the limits of Monroe County that may be necessary,
required, or appropriate in fulfilling her responsibilities and duties under this Agreement. In lieu of
the preparation, maintenance, submission, review, approval, and auditing of detail travel expense
reimbursements, and as partial consideration for Attorney's entering into this Agreement, Board
agrees to pay to Attorney the sum of FIVE HUNDRED FIFTY DOLLARS ($550.00) per month as
and for a transportation allowance. For travel out of Monroe County by motor vehicle, Attorney will
be reimbursed by Board on a per trip basis at the rate allowed for under Chapter 112, Florida
Statutes, with mileage calculated as if departure commenced at the Monroe County -Dade County
line and return ended at the Monroe County -Dade County line. At its sole discretion, and upon
request by Attorney, Board may authorize the reimbursement of Attorney's actual expenditures
where documented evidence is provided detailing the actual expenses incurred.
8. Travel Reimbursement. Board agrees to pay to or reimburse Attorney for the costs of meals, other
expenses and lodging incurred by Attorney that may be necessary, required, or appropriate in
fulfilling Attorneys duties and responsibilities under this Agreement. Meals, other expenses and
lodging will be paid for or reimbursed at the rates specified in Section 112.061, Florida Statutes. At
its sole discretion, and upon request by Attorney, Board may authorize the reimbursement of
Attorney's actual expenditures where documented evidence is provided detailing the actual expenses
incurred.
Hutton/Co.Atty.
9. Florida Retirement System. Board agrees that the position of County Attorney will be a position
classified as, and eligible for the benefits provided under, the Senior Management Service Class, in
accordance with Section 112.055, Florida Statutes. Board will contribute such amounts at such
times as is required by Section 112.055, Florida Statutes, and any other applicable law or statute.
10. Duties and Responsibilities.
A. General. Attorney will have those responsibilities and perform those duties which are listed in
the attached Position Description (Attachment A), incorporated herein by reference. If a duty or
responsibility contained in the Position Description is in conflict with a duty or responsibility
contained in this Agreement, the duty or responsibility specified in this Agreement will prevail.
B. Exemptions. Nothing in this Agreement or in the Board's policies, rules, and procedures will
limit Attorney's right to make passive financial investments; to participate in charitable service or
work with charitable organizations and other community activities, including trade and professional
organizations; or to undertake other activities which do not interfere with the performance of
Attorney's duties under this Agreement, it being mutually agreed that Attorney's participation in
such activities is of benefit to the Board.
C. Availability. Attorney will be reasonably available to Board members and key Board staff
twenty -four (24) hours per day. Such availability will be by telephone or electronic messaging, or in
person. Board shall maintain for Attorney cellular telephone service.
D. Ethical Considerations. Board and Attorney agree that, in general, it is the Board as a whole that
is the client entity of the Attorney. However, as recognized by the Rules of Professional Conduct of
The Florida Bar, the attorney- client relationship for organizational and governmental agencies is not
the same as the attorney - client relationship for private individuals, and Attorney's professional
relationship with the Board will be consistent with the requirements of Rule 4 -1.13 of the Rules of
Professional Conduct.
E. Legal Opinions. Board and Attorney agree that from time to time Attorney will be requested to
render a legal opinion on matters of significance to the Board, the County Administrator, or the
County Clerk. Board and Attorney agree that, consistent with the ethical obligations of the Attorney
to the Board, (1) all requests for an opinion will be in writing; (2) all requests will be communicated
to Attorney directly by or through a County Commissioner, the County Administrator, or the
County Clerk; and (3) all opinions rendered will be in writing, addressed to the Board of County
Commissioners, and will be over the signature of the Attorney. It is expressly agreed the Attorney
will not entertain requests for, nor will render a written opinion to, individuals or entities who are
members of the general public or special interest groups, or who are representatives of
governmental agencies unless specifically directed to do so by a majority vote of the Board in a
duly noticed public meeting.
11. Professional Memberships. Attorney will maintain her membership in good standing with The
Florida Bar and the City, County & Government Law Section of The Florida Bar; and may become
a member of, and maintain membership status in divisions or sections of The Florida Bar which are
pertinent to the issues addressed by the County Attorney's office. Additionally, Attorney may
become a member of the American Bar Association and a member of the pertinent sections or
divisions. All dues and costs for obtaining and maintaining the memberships delineated above will
be paid for by Board.
Hutton/Co.Atty.
12. Local Liaisons. Attorney will maintain liaisons with the legal representatives of local
governmental and public agencies located within the geographical limits of Monroe County, to
include but not be limited to Islamorada, Village of Islands; City of Layton; City of Key Colony
Beach; City of Marathon; City of Key West; Florida Keys Mosquito Control District; Florida Keys
Aqueduct Authority; Monroe County Housing Authority; and the School Board of Monroe County.
13. Office Space, Staff and Supporting Services.
A. Office Space. Board will provide office space for Attorney.
B. Staff. Board will provide sufficient qualified staff to the office of County Attorney to assist
Attorney in efficiently, productively, and professionally meeting the mission, goals, and objectives
of the County Attorney's office and the duties of the Attorney. Staff will include, but not be limited
to, attorneys licensed to practice law in the State of Florida, paralegals and/or legal assistants, and
administrative support.
C. Supporting Services. Board will provide suitable utilities, telephone service, computer hardware
and software, electronic research and e-mail services, world wide web and internet access, books
and subscriptions, periodicals, office supplies, photocopy equipment, county web -page presence
and server access and storage space, postage, office equipment and furniture, and other similar
materials, equipment and services as may be necessary for the proper, productive, and efficient
operation of the office of County Attorney.
14. Annual Leave and Sick Leave; Transfer. Beginning with the first month of employment under
this Agreement, Attorney will earn and be credited with sick leave hours and annual leave hours at a
rate per month equal to the highest rate earned by any other employee or officer of Board. Attorney
shall retain all annual and sick leave accumulated as an assistant county attorney and as interim
county attorney. Attorney may accumulate unused annual leave without limit and no unused annual
leave shall be forfeited due to nonuse, any provisions of the Monroe County Personnel Policies and
Procedures Manual to the contrary notwithstanding.
15. On Call. Due to the nature of Attorney's duties and the requirements of the position of County
Attorney, interference with Attorney's private life is to be expected and it is recognized that
Attorney may from to time absent herself during normal business hours for personal reasons;
however, Attorney shall remain reasonably available to Board members and key Board staff by
telephone or other electronic means.
16. Participation in Educational and Board - Related Events. Board agrees to budget for and to pay
the costs incurred by Attorney in attending seminars, continuing legal education courses, Board -
related events and out -of- county meetings as may be necessary or appropriate to Attorney's duties
and responsibilities under this Agreement.
17. Indemnification and Cooperation
A. Indemnification. The Board will defend, hold harmless, and indemnify Attorney against any tort,
professional liability, or other legal demand, claim, or action which is related directly or indirectly
to Attorney's actions in her capacity as County Attorney.
Hutton/Co.Atty. 5
B. Cooperation. In the event of actual or threatened litigation and/or administrative proceedings
involving the Board which arise out of an action or actions which occurred or are alleged to have
occurred while Attorney was acting in her capacity as County Attorney, Attorney will cooperate
with the Board and its counsel in defending and resolving the litigation or proceeding. In such
regard, Board agrees to pay Attorney's reasonable travel and subsistence expenses incurred in
cooperating with the Board and its counsel, including preparation for and actual discovery,
settlement, and trial and hearing or other resolution of such matters.
1. Attorney agrees that, unless required by law, she will not cooperate with or assist any
party, person, or entity who has, had, or may have, or asserts that he, she, or it has or may have any
claim of any nature against the Board, its agents, officers, or employees, unless the Board or its
authorized agent expressly consents in writing to waive this provision of this Agreement.
2. Attorney shall not disclose to any person, party, or entity any confidential, proprietary,
time - sensitive, or non - public information relating to the Board or its operations unless required by
law to do so.
18. Governing Law; Attorney's Fees and Costs; Venue. This agreement is made in the State of
Florida and shall be governed by Florida law. Venue for any action arising out of this agreement
shall be in Monroe County.
19. Form and Amendment of Agreement. This is the entire agreement between the parties and may
not be modified or amended except by a written document signed by the party against whom
enforcement is sought. This agreement may be signed in more than one counterpart, in which case
each counterpart will constitute an original of this agreement. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or substance of the provisions
of this agreement. Wherever used herein, the singular will include the plural, the plural will include
the singular, and pronouns will be read as masculine, feminine or neuter as the context requires. The
prevailing party in any litigation, arbitration or mediation relating to this agreement shall be entitled
to recover its reasonable attorneys' fees from the other party for all matters, including, but not
limited to, appeals.
•REFORE, the parties hereto have signed and sealed this agreement on the date first
abo written.
(SEAL)
Attest: DANNY L. COLHAGE, Clerk
puty Clerk
BOARD OF OUNTY COMISSIONERS OF
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SUZANNE SUZANNE A. HUTTON,
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
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SUSAN M. GRI EY
ASSISTANT COUNT ATTORNEY
AMENDMENT NO.1 TO EMPLOYMENT AGREEMENT
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� f- THIS AMENDMENT NO. 1 to EMPLOYMENT AGREEMENT is entered into the
d " day of ff 2009, by and between the Board of County Commissioners of Monroe County
( "Board), Florida, a political subdivision of the State of Florida, and Suzanne A. Hutton, an
attorney licensed to practice law in the State of Florida, ( "Attorney ").
WHEREAS, Board and Attorney entered into a contract on April 19, 2006, for the Attorney to
serve for a period of four years as the County Attorney; and
WHEREAS, said agreement provided for the parties to extend the contract under the same
terms, the first extension being for a period of eighteen (18) months, and each extension
thereafter being for a term of twelve (12) months; and
WHEREAS, the parties desire to exercise the first extension of contract; now therefore
The Parties Agree as follows:
1. The first extension described in paragraph 5.B. of the contract entered into April 19, 2006,
shall be exercised.
2. Paragraph 5B of the contract dated April 19, 2006, shall be revised to add the following:
"The first extension of the contract is hereby exercised, the term of the contract is
extended for eighteen (18) months and will end on October 31, 2011 at 5:00 P.M."
3. All other provisions of the contract dated April 19, 2006, not inconsistent herewith shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
rwper.tiye names.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Attest;'
'DONY 4: KOLHAGE, CLERK
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SUZANNE A. HUTTON
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WIONROE COUNTY ATTORNEY
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AMENDMENT No. 2 TO EMPLOYMENT AGREEMENT
COUNTY ATTORNEY
THIS AMENDMENT is made and entered into this 21st day of July, 2010, between the
Board of County Commissioners of Monroe County, Florida, hereinafter "County ", and Suzanne
A. Hutton, hereinafter "Attorney."
WHEREAS, on April 19, 2006, the parties entered into a 4 -year agreement for
employment of Attorney as the County Attorney, commencing on May 1, 2006; and
WHEREAS, on October 21, 2009, the parties extended that agreement for a period of 18
months from May 1, 2010, through October 31, 2011; and
WHEREAS, the contract has been interpreted by the County's auditors and the Florida
Retirement System (FRS) to preclude the inclusion in regular compensation, subject to state
retirement calculations, of the automobile allowance; and
WHEREAS, all prior and current Monroe County Administrators and prior Monroe
County Attorneys, the employees of Monroe County normally under contract, have received
automobile allowance as regular compensation, subject to FRS contributions and included in
retirement calculations; and
WHEREAS, both parties to this agreement contemplated that the compensation package,
other than employee insurance benefits, would be subject to County contributions to the FRS and
included in the final average compensation computation for calculating retirement benefits;
WHEREAS, the County has been making the contributions into the FRS for the
compensation heretofore described as salary and automobile allowance; and
WHEREAS, the parties find it in the best interests of both to amend the agreement to
render the existing contract consistent with expectations of the parties; now therefore,
IN CONSIDERATION OF the mutual covenants contained herein, The Parties agree as
follows:
1. The contract entered between the parties on April 19, 2006, as amended on October 21,
2009, shall be amended to revise paragraphs 6, and 7 to read, effective May 1, 2006, as follows:
6. Compensation.
A. Amount. The Board will pay to Attorney, as and for a base salary, the sum of ONE
HUNDRED FIFTY- SIX_THOUSAND DOLLARS SIX HUNDRED ($ 156.600.001 per annum
for the first year of employment. The base salary shall be increased after one year, on May 1,
2007, by SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500), and, thereafter
according to the County policy of cost -of -living and merit increases provided to other County
employees.
B. Payment. Base salary payments will be paid in equal biweekly installments (26 pay
periods per annum), or as otherwise may be mutually agreed to in writing.
C. Professional Certification. Attorney is certified by the Florida Bar as a specialist in City,
County, and Local Government Law. Pursuant to Sec. 2- 360(c), Monroe County Code, Attorney
shall be paid $250.00 monthly in addition to the base salary, as adjusted for cost -of- living and
merit increases.
D. Attorney shall be entitled to health, accidental death & dismemberment and life insurance
coverage under County group policies, and shall retain the right to the health insurance coverage
available to retirees who were hired prior to October 1, 2001, pursuant to Resolution No. 119-
2001, as modified by Resolutions No. 154 -2003 and 354 -2003. Nothing in this agreement shall
set aside Attorney's rights under the "Rule of 70."
7. Transportation. Attorney agrees that she will be responsible for providing her own
motor vehicle for transportation within the limits of Monroe County that may be necessary,
required, or appropriate in fulfilling his responsibilities and duties under this Agreement. For
travel out of Monroe County by motor vehicle, Attorney will be reimbursed by Board on a per
trip basis at the rate allowed for under Chapter 112, Florida Statutes, with mileage calculated as
if departure commenced at the Monroe County -Miami -Dade County line and return ended at the
Monroe County -Miami -Dade County line. At its sole discretion, and upon request by Attorney,
Board may authorize the reimbursement of Attorney's actual expenditures where documented
evidence is provided detailing the actual expenses incurred.
2. In all other respects, the Agreement entered April 19, 2006, as amended October 21,
2009, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
respective names on the date first set above.
Mayor Sylvia Murphy
Yes
Mayor Pro Tern Heather Carruthers
Yes
Commissioner George Neugent
Abse
Commissioner Mario Di Gennaro
Abse
.
Commissioner Kim Wigington
Yes
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
Amend Ag Co Atty re Comp. -2-
BOARD OF COUNTY COMMISSIOARSw
OF MONROE COUNTY, FLORIDA Q1
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121
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Tuesday, June 29, 2010
Marathon, Florida
A Special Meeting of the Monroe County Board of County Commissioners convened at
10:00 A.M., at the Marathon Government Center followed by a Closed Session convening at
11:00 A.M. Present and answering to roll call were Commissioner Heather Carruthers,
Commissioner Kim Wigington, and Mayor Sylvia Murphy. Commissioner George Neugent and
Commissioner Mario DiGennaro were absent. Also present at the meeting were Roman Gastesi,
County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton,
County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff,
members of the press and radio; and the general public.
GROWTH MANAGEMENT/PUBLIC HEARINGS
A Public Hearing was held to consider an Ordinance of the Board of County
Commissioners of Monroe County, Florida, adopting a Future Land Use Map designation for
MDJ Investments, LLC, from Residential Low (RL) To Mixed Use /Commercial (MC) and a Key
Largo Mixed Use Area # 1 sub area policy for property legally described as Lots 13, 14, 15,
16, 17, and 18, Thompsons Subdivision, Section "A ", according to the Plat thereof, as Recorded
In Plat Book 1, Page 147, of the public records of Monroe County, Florida, having Real Estate
Number 00440100.000000 located at 99101 Overseas Highway, Key Largo, approximate Mile
Marker 99. 1. There was no public input. Christine Hurley, Growth Management Director
discussed the matter. Motion was made by Commissioner Carruthers and seconded by
Commissioner Wigington to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 021-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance by the Monroe County Board of
County Commissioners approving a request by the Monroe County Land Steward office, to
amend the Future Land Use Map (FLUM) for 127 county -owned vacant parcels throughout
Monroe County from various FLUM designations to Conservation (C). The amendments are
being requested by the Monroe County Land Steward to create conformity between the FLUM
and the current use, as required by the Grant Agreement with the Florida Communities Trust
(FCT). There was no public input. Motion was made by Commissioner Wigington and
seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 022-2010
Said Ordinance is incorporated herein by reference.
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A Public Hearing was held to consider an Ordinance by the Monroe County Board of
County Commissioners amending Monroe County Code Sec. 138 -23, Moratorium on New
Transient Units, to revise the date on which the moratorium shall expire to December 31, 2011.
There was no public input. Motion was made by Commissioner Wigington and seconded by
Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 023-2010
Said Ordinance is incorporated herein by reference.
The Board discussed the following three (3) Public Hearing items:
Approval of a Resolution to transmit to the Florida Department of Community Affairs
(DCA), an amendment to the Monroe County Year 2010 Comprehensive Plan, creating Goal
107, Objective 107. 1, and Policy 107. 1.1 that establishes a Sub Area Policy for Wisteria Island.
Approval of a Resolution to transmit to the Florida Department of Community Affairs
(DCA), an amendment to the Monroe County Year 2010 Comprehensive Plan Future Land Use
Map (FLUM), amending the FLUM designation from undesignated to Mixed Use Commercial
(MC) for Wisteria Island.
Approval of a Resolution to transmit to the Florida Department of Community Affairs
(DCA) an amendment to Policy 101.2.6 of the Monroe County Year 2010 Comprehensive Plan
Future Land Use Element to extend the moratorium for the allocation of new transient residential
units until December 31, 2011.
The Board accepted public input on the above three (3) items with the following
individuals addressing the Board: Sloan Bashinsky, Christine Russell, and Nils Muench. Susan
Grimsley, Assistant County Attorney; Suzanne Hutton, County Attorney; and Christine Hurley,
Growth Management Director also discussed the items. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner Wigington to continue the above three
(3) Agenda items to Wednesday, July 21, 2010, at 6:00 P.M. at the Harvey Government Center
in Key West. Motion carried unanimously.
Suzanne Hutton, County Attorney discussed Amendment 4 - Florida Hometown
Democracy.
Attorney Nick Mulick, representing the applicant - Wisteria Island, addressed the Board.
Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington to adopt the following Resolution requesting that the City of Key West Commission
provide input in regards to the development of Wisteria Island. Roll call vote was unanimous.
RESOLUTION NO. 193 -2010
Said Resolution is incorporated herein by reference.
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ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington granting approval of Additions, Corrections, and Deletions to the Agenda. Motion
carried unanimously.
COUNTY ATTORNEY
Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers Approval granting approval and authorizing execution of Amendments to the
Contracts of the County Administrator and the County Attorney to change the language in the
Compensation and Transportation paragraphs to meet the intent of the parties that the
compensation be deemed general compensation, and comply with FRS. Motion carried
unanimously.
BUDGET & FINANCE
Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers to adopt the following Resolution for the Receipt of Unanticipated Revenue and
granted approval and authorized execution of a Memorandum of Understanding between Monroe
County and the Florida Department of Emergency Management (which may be executed by
Harold Wheeler, Executive Director of the Monroe County Tourist Development Council) to
accept an advance of $400,000 to purchase, contract, manage, oversee and/or arrange for a
Florida tourism and advertising campaign relating to the Deepwater Horizon Spill. Motion
carried unanimously.
RESOLUTION NO. 194-2010
Said Resolution is incorporated herein by reference.
CLOSED SESSION
A Closed Session was held in the matter of Monroe County v. Priceline.com, et al, 09-
10004CV. Suzanne Hutton, County Attorney read the required information into the record.
COUNTY ATTORNEY
Bob Shillinger, Chief Assistant County Attorney discussed a Settlement Agreement(s) in
the matter of County of Monroe v. Priceline.com, et al. 09- 10004 -CIV. After discussion, motion
was made by Commissioner Wigington and seconded by Commissioner Carruthers authorizing
the County Attorney's Office to settle the case with respect to Expedia, Travelocity and Priceline
for the total sum of $6,175,000 for the entire class. Roll call vote was unanimous.
There being no further business, the meeting of the Board of County Commissioners
adjourned.
Danny L. Kolhage, Clerk
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and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
Isabel C. DeSantis, Deputy Clerk