Item O01 County of Monroe
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia Murphy,District 5
The Florida Keys a Mayor Pro TernDanny Kolhage,District 1
Michelle Coldiron,District 2
Heather Carruthers,District 3.
David Rice,District 4
County Commission Meeting
April 17, 2019
Agenda Item Number: 0.1
Agenda Item Summary #5450
REVISED BACKUP: Day of Meeting: County Attorney Report now attached.
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 2019.
ITEM BACKGROUND: See attached.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
•
STAFF RECOMMENDATION: N/A
0.. •
DOCUMENTATION:
County Attorney Report April 2019
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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Pending
Kathy Peters Pending
Board of County Commissioners Pending 04/17/2019 9:00 AM
I
County Of Monroe ' `a BOARD OE COUNTY COMMISSIONERS
1�'Z
tom. .
a +f, Mayor Sylvia J.Murphy District 5
Mayor Pro Tern Danny L.Kolhage,District 1
The Florida Keys ' - t Michelle Coldiron,District 2
t� . Heather Carruthers,District 3
• David Rice,District 4
Robert B.Shillinger,County Attorney** ;
Pedro J.Mercado,Assistant County Attorney** Office of the County Attorney
, .Cynthia L.Hall,Assistant County Attorney** •• 1111 12's Street,Suite 408 -
Christine Limbert-Barrows,Assistant County Attorney** Key West,:FL 33040
•
Derek V.Howard,Assistant County Attorney*.* . . .. . (305)292-3470.—Phone .
Steven T.Williams,Assistant County Attorney** •(305)292-3516-Fax
Peter H.Morris,Assistant County Attorney . -
.. Patricia Eables,Assistant County Attorney .
Chris Ambrosio,'Assistant County Attorney** . . ' -
:Paunece Scull,Assistant County Attorney
**Board Certified in City,County&Local.Govt.Law ..
To: Mayor Murphy & Commissioners
.From: Bob Shillinger, County Attorney_ .
Date: April 15, 2019
Re: -April.2019 County Attorney Report _ -
Newly Filed Cases.
.
1. Burke Construction.Group, Inc. v. Monroe County, CA-M 19-80-On 3/18/19,-Burke
Construction•Group filed a petition against the County for injunctive relief and writ
of .mandamus, seeking to compel. the County to award the contract for the
:Marathon Library and Adult Education-Center to Burke rather than to the first-
placed proposal, Pedro Falcon: The Court::denied •Burke's request for an
- . emergency:hearing on a request for temporary injunction. County has.not yet been
served. . . .
Closed Sessions at 4/17/19 :BOCC Meeting
• 2. KW Resort Utilities: Corp. Rate Litigation (Florida Public Service Commission
• - Docket No. 20170141-SU); appellate case number 1 D18-4212, 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,:thePSC 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. The utility has requested and been granted
an extension of time to file its answer brief, to 5/13/2019. A.closed session will
be held on'4, /17/19.
• 3. •Keith Munt v. Monroe County— CAK 16.-330. In this code lien collectibn case; the
property owner filed a counterclaim seeking :damages and other relief. The
- . ' property owner has.proposed a settlement offer that will be conveyed to the
• Board at closed session held on the 4/17/19.
• . 1 .
Other Pending Trial Court Cases of Interest
4. Maschal et al. v. Monroe County and FKAA, CA K 19-186 — Following the Court's
dismissal of the Delaney lawsuit (see below), on 2/28/19 the same attorney filed a
new lawsuit against Monroe County and FKAA on behalf of Banks Prevatt and 11
other individuals. The complaint seeks essentially the same relief as the Delaney
lawsuit. The County has not yet been served.
5. Monroe County v. Sugarloaf VFD, Inc. & Sugarloaf Wi-Fi, Inc. —3d19-434/CA K 17
—631 —Judge Koenig entered a final judgment voiding the lease contract between
the SVFD and Sugarloaf Wi-Fi on the grounds that SFVD did not approve that
contract in a public meeting. Wi-Fi filed an appeal to the Third DCA on 2/4/19.
6. AshBritt, Inc. v. Monroe County & FDOT, CA-K-17-802. 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. No trial date has been set, but the Circuit Court recently
issued a Scheduling Order with new deadlines. A majority of the AshBritt invoices
in dispute have been resolved and paid. The County is preparing its motion for
summary judgment concerning the three remaining invoices. The County is still waiting for a renewed formal settlement demand that AshBritt insisted it would
provide.
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 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. The County is waiting for entry of final
judgment.
8. 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 asking for temporary injunction prohibiting
occupancy at the park until serious fire and life safety issues have been addressed,
and for appointment of a receiver, 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 was set for 4/1/19 but was taken off calendar
because the case was transferred from County Court to Circuit Court. The
hearing will be re-set.
2
r
9. Keith & Cheri Cohen v. Monroe County, 15-10167-CIV /USCA 17-15552-G — On
9/20/18, the 11th 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 post-
judgment deposition of the daughter was taken on 2/8/19.
10.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 1/9/19 and served on 2/14/19. The parties
have begun to engage in discovery.
11.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.
12.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 that the County's vacation rental
ordinance is preempted by state law due to alleged changes in the County's
enforcement practices. The County filed its answer to the complaint on 1/22/19
and is conducting discovery. Also pending in the Circuit Court is an appeal from
the Special Magistrate's decision finding Sirena Key in violation of the vacation
rental ordinance, Sirena Key, LLC v. Monroe County, 18-AP-3-K. In this case, the
Appellant Sirena Key has filed a motion to stay the appeal pending resolution of
the 16th Judicial Circuit Case. The County has filed an opposition. No hearing has
been set yet on the motion.
13.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.
14.Monroe County v. Magnolia 101, LLC. CA-P 13-945. This case began as the
County's complaint for an injunction and foreclosure of a code compliance lien.
The Court entered a judgment in favor of the County on 5/2/17. The property
owner appealed this decision to the Third District Court of Appeal (Case No. 3D-
17-1312). On 2/27/19, the Third DCA issued a "per curiam" opinion, affirming
the ruling of the lower court(in the County's favor). The case was returned to
the trial court on 3/19/19 to determine the final amount of the fines.
3
15.Coral Hammock Rental v. Monroe County, 17-CA- 588-K. Coral Hammock filed its
declaratory action against Monroe County on 7/25/17, seeking to declare that (1)
state law 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. A hearing on the County's motion has been set
for 6/19/19.
16.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 professional 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 were 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. The parties are in the discovery phase.
17.Kane County Utah v. United States of America, U.S. Court of Fed. Claims, 17-
793C. County joined a class action suit filed by Kane County Utah challenging the
federal government's payment under the Payment In Lieu of Taxes (PILT) program,
which partially compensates local governments for:the loss of property tax
revenues when certain parcels are in ownership under the Department of Interior.
Kane County asserted that the federal government underpaid for the years 2015
through 2017. On 12/5/18, the Court of Federal Claims entered judgment in favor
of the plaintiff class of counties. On 1/11/19, the US filed a notice of appeal but
also stated that the Solicitor General had not decided whether to pursue the appeal
or not. On 3/8/19, the US was granted a 59 days extension of time until 5/17/19
for the Solicitor General to make that determination. The County is estimated to
obtain approximately $40,000 from this suit.
18.Galleon Bay Corp. v. Monroe County and State of Florida — 16th Jud. Circ. Case
No. 02-CA-595-K. 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 (Case No. 3d16-1502). 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. The appellate court issued its mandate on 2/19/19
returning jurisdiction to the trial court. On 3/19/19, Galleon Bay filed a motion to
invalidate the final judgment; the County filed a response. No hearing date
has been set for the motion, which the County deems frivolous.
4
Administrative Cases of Interest
19.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.
Appellate Cases of Interest
20.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 filed a Notice of Appeal on March 7, 2017. Briefing was
complete in April 2018. Oral argument has NOT been scheduled at this writing.
There is no timetable for the Court to release its opinion.
21.Skip Stuart Stanley v. Cynthia McPherson, 3D19-222 &223/CAK 18-1316 & 1364..
On 11/8/18, Mr. Stanley filed a total of 25 cases against various local officials
including the Sheriff, various judges, and various FWC officers. Two of the cases
are against Monroe County Code Compliance Director Cynthia McPherson. On
1/8/19, the trial court dismissed all of the complaints and declared Mr. Stanley to
be a vexatious litigant. Mr. Stanley filed notices of appeal for all of the cases,
including the two involving Ms. McPherson, in the Third District DCA. The County
filed motions to dismiss those appeals. On 2/27/19, the Third DCA ordered Mr.
Stanly to Show Cause within 20 days as to why his appeals should not be
dismissed, and why he should not be declared to be a vexatious litigant in the
appellate court. No response was filed by the deadline.
Other Matters of Interest
22.Code Compliance Lien Collection cases. During the first 5 months.of FY18/19,
- County code and legal staff collected $758,323.72 in fines and costs imposed in
all code cases. See attached spreadsheet.
23.Vacation Rental Prosecutions. I'n February of 2019, the Code Compliance
Department presented 17 vacation rental cases to the Special Magistrate. Of
those, 17 resulted in findings of violation including 6 by stipulation and 3 repeat
• violations. The Special Magistrate imposed fines totaling $104,000.00; 6 additional
cases were continued. See attached spreadsheet.
5
24.Less than Fee Program. Under this program, the. County purchases the
development rights on vacant properties for qualifying properties from willing
sellers. .To date, there have been 166 applications since the program was
launched in October.of.2018. The Board has approved 20 purchases so far and
there will be 5 new proposed agreements on the agenda this month. To qualify, a
property owner must own the vacant lot adjacent to his or her dwelling unit and not
have otherwise retired the development rights to that vacant lot. More information
on the program can be found at: http://www.monroecounty=fLgov/1029/Less-Than-
Fee-Program.
6
0.1
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
April 17, 2019
Agenda Item Number: 0.1
Agenda Item Summary #5450
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 2019.
ITEM BACKGROUND: See attached.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
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: If yes, amount:
Grant:
Packet Pg. 2425
0.1
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Pending
Kathy Peters Pending
Board of County Commissioners Pending 04/17/2019 9:00 AM
Packet Pg. 2426