Item Q1Q.1
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy, District 5
The Florida. Keys Mayor Pro Tern Danny Kolhage, District 1
�pw° Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
February 20, 2019
Agenda Item Number: Q.1
Agenda Item Summary #5244
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 February 2019.
ITEM BACKGROUND: See attached.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
County Attorney Report February 2019
Copy of VR MONTHLY REPORT 2018-2019 (00000002) (.pdf)
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:
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Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger
Kathy Peters
Board of County Commissioners
If yes, amount:
Completed
Completed
Pending
02/12/2019 4:31 PM
02/12/2019 4:50 PM
02/20/2019 9:00 AM
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County of Monroe
-Me 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*
Paul Witkiewitz, Assistant County Attorney
Paunece Scull, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
q+„ 4
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern Danny L. Kolhage, District 1
Michelle Coldiron, District 2
Heather Carruthers, District 3
^"
David Rice, District 4
Office of the County Attorney
1111 12' Street, Suite 408
Key West, FL 33040
(305) 292-3470 —Phone
(305) 292-3516 — Fax
To: Mayor Murphy & Commissioners
From: Bob Shillinger, County Attorney
Date: February 12, 2019
Re: February 2019 County Attorney Report
Upcoming Closed Sessions on 2/20/19
Monroe Countv v. Suaarloaf Volunteer Fire Deaartment. Inc. & Suaarloaf WiFi. Inc.
— CA K 17 — 631 — After finding that the County's claim under the Sunshine Law
was valid, Judge Koenig entered a final judgment voiding the lease contract
between the SVFD and Sugarloaf WiFi on the grounds that SFVD did not approve
that contact in a public meeting. The WiFi company has filed an appeal to the
Third DCA. A closed session is scheduled for the February BOCC meeting.
2. 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. The County filed filing its answer and affirmative defenses.
Discovery is ongoing. On 12/21/18, the parties engaged in settlement
negotiations. AshBritt provided additional information on 1/22/19. A closed
session is scheduled for the February BOCC meeting.
Pending Trial Court Cases of Interest
3. 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 to connect to the system
unless the grinder pump is located in the public right of way. On 10/4/18, the Court
granted the plaintiff's motion for summary judgment in part and denied it in part;
the Court also denied the County's motion for summary judgment but narrowed
the issues for trial. On 2/7/19, Judge Koenig granted the County and FKAA's
motion to dismiss based upon the lack of standing since the sole remaining
property owner sold her property.
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4. Roy's Trailer Park v. Noel & Monroe County, CC-K-18-112. Declaratory Judgment
action filed by trailer park against County as part of its eviction suit against its
tenant. County filed counterclaim on 10/4/18. A status conference was held on
2/12/19. An evidentiary hearing on the County's request for temporary
injunction to close the park has been set for 4/1/19.
5. Keith & Cheri Cohen v. Monroe County, 15-10167-CIV /USCA 17-15552-G — On
9/20/18, the 11t" Circuit Court of Appeals affirmed a 2017 ruling by U.S. District
Judge Jose Martinez, when he found in favor of the County by 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 vacate the premises. The Cohens have indicated that they have recently sold
the property to their daughter, a recent college graduate. The Court ordered
deposition of the daughter was taken on 2/8/19.
6. 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 accepted tender and resolved the matter without
contribution from the County. The case was dismissed on 1/23/19.
7. Disaster Solutions, LLC v. Monroe County, CAK19-32. An action for breach of
contract and other claims arising from a firm that had a purchase order to provide
services which were capped at $49,999 but who submitted invoices in excess of
$700,000. The complaint was filed on January 9, 2019 but has not been served
yet.
8. Juan Carlos Gil v. Monroe County, 18-CV-1 011 9-JLK. Serial ADA plaintiff filed suit
on 7/24/18 alleging that certain portions of the County's website are inaccessible
to the visually impaired. Discovery is ongoing. Plaintiff and the County are in
settlement discussions.
9. Gomez v. Monroe County, 18-cv-23740-G — A second serial ADA plaintiff filed suit
on 9/12/18 alleging that certain portions of the County's website are inaccessible
to the visually impaired. The County filed an answer on 10/31/18. Discovery
should begin shortly.
10. Sirena Key, LLC v. Monroe County, 18-CA-704-P. On 9/21 /18, Sirena Key filed an
action for declaratory relief seeking to declare the County's vacation rental
ordinance is preempted by state law due to alleged changes in the County's
enforcement practices. The County filed a motion to dismiss on 10/16/18, which
was heard and denied on 12/14/18. The County's answer to the complaint is due
on January 22, 2019. There is also a pending appeal from the Special Magistrate's
decision finding Sirena Key in violation of the vacation rental ordinance.
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11. Kresser v. Monroe County, 18-CA-521-P. Mr. Kresser filed his action for
declaratory relief and to quiet title on 7/24/18. The property at issue is located
along Card Sound Road. In 1967, the County obtained from Mr. Kresser's
predecessor in title a right-of-way easement for the construction and maintenance
of Card Sound Road. Mr. Kresser is seeking to invalidate the easement based on
an allegation of abandonment. The case is proceeding with discovery, and the
County expects to file a motion for summary judgment within the next couple of
months.
12. Coral Hammock Rental v. Monroe County, CA-K-17-588. Coral Hammock filed it
declaratory action against Monroe County on July 25, 2017, seeking to declare
that (1) Fla. Stat. 509.032(7) preempts the alleged reinterpretation of existing law
by the County prohibit vacation rentals of attached dwelling units in Mixed Use
Districts; (2) properties within the definition of Monroe County Code Section 134-
1(b)(1) are not required to have an exemption from the Planning Department prior
to use as a vacation rental; (3) the doctrine of nonconforming use protects Coral
Hammock's use of its dwellings in the Coral Hammock Community for vacation
rentals; and (4) the doctrine of equitable estoppel protects the vacation rental use.
Monroe County filed a counterclaim seeking injunctive relief to prohibit the
continued vacation rental of the subject property. On 1/15/19 Monroe County filed
a motion for summary judgment on Count II, which remains pending.
13. Halley Engineering Contractors, Inc. v. Monroe County, CA-P-18-768. Contractor
who failed to design the automatic toll facility on Card South Road to comply with
code filed suit for breach of contract against the County because the County has
refused to pay for remedial work made necessary by the errors of the contractor's
design profession in a design -build contract. Suit was filed moments after the meet
and confer session on 10/24/18 ended. The County was served on 11 /27/18 and
the County's Answer, Affirmative Defenses and Counterclaim was filed on
12/27/18. The County filed a counterclaim for breach of contract against the
Contractor and a claim for breach of the bond against the Surety, Travelers
Casualty and Surety Company of America.
14. 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.
Administrative Cases of Interest
15. Nuclear Regulatory Commission Docket Nos. 50-250/251-SLR. Florida Power
and Light is seeking approval of a second twenty-year license renewal term for
Units 3 and 4 at the Turkey Point facility. Environmental groups, including Southern
Alliance for Clean Energy (SACE), are seeking to attach conditions to the license
renewal, including the replacement of the cooling canals with mechanical draft
cooling towers. Monroe County is participating in the administrative hearing as an
Interested Governmental Party (IGP) in support of SACE. Ascheduling conference
was held on October 4, 2018. Oral argument on what contentions the Commission
will accept for adjudication was held on 12/4/18. The parties are awaiting an order
from the Commission on the admitted contentions.
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Appellate Cases of Interest
16. 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. On 9/12/18, the
Third DCA affirmed the trial court's decision in a per curiam decision, denying the
property owner's claims of error below and the issues raised by the State and
County on our cross appeal. The property owner's motions for rehearing,
written opinion, and for rehearing en banc were denied on 2/1/19.
17. KW Resort Utilities Corp. Rate Litigation (Florida Public Service Commission
Docket No. 20170141-SU); appellate case number 1D18-4212. In June 2017,
KWRU sought approval of a second rate increase from the Public Service
Commission (PSC) following a prior increase in March of 2017. After a public
hearing was held, the PSC partially granted KWRU requested increase in an order
dated 9/4/18. The County filed an appeal of the PSC's decision on 10/3/18. The
appeal was consolidated with an appeal filed by the Office of Public Counsel. The
County's initial brief was filed 2/11/19.
18. 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. Briefing has been completed. Oral argument has NOT been
scheduled at this writing. There is no time table for the Court to release its opinion.
19. 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. Briefing is
complete. Oral argument has not been scheduled. There is no timetable for the
Court to release its opinion.
Other Matters of Interest
20. Code Compliance Lien Collection cases. During the first 3 months of FY18/19,
County code and legal staff collected $505,170.45 in fines and costs imposed in
all code cases. Code has not provided an updated sheet for collections through
January 2019.
21.Vacation Rental Prosecutions. In January of 2018, the Code Compliance
Department presented 28 vacation rental cases to the Special Magistrate. Of
those, 25 resulted in findings of violation including 11 by stipulation and 3 repeat
violations. The Special Magistrate imposed fines totaling $153,050.00; 3 cases
were continued and 2 related cases were dismissed. See attached.
22. Less than Fee Program. The Less than Fee program was launched in October of
2018. Under this program, the County purchases the development rights on
vacant properties for qualifying properties from willing sellers. To date, there have
been 129 applications. To qualify, a property owner must own the vacant lot
adjacent to his or her dwelling unit. More information on the program can be found
at: http://www monroecounty-fl.gov/1 / ess- an- ee- rogram.
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