Item R4 R.4
G 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
November 20, 2019
Agenda Item Number: R.4
Agenda Item Summary #6247
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval of request for conflict waiver from John J. Wolfe, the
law firm of Wolfe/Stevens, for a potential conflict of interest related to a real estate transaction
involving the County and Fisherman's Health, Inc.; and authority for the County Attorney or his
designee to sign the conflict waiver letter.
ITEM BACKGROUND: Fisherman's Health, Inc. has been discussing and negotiating with the
County to enter into a real estate transaction through which Fisherman's would swap the property
they own at 2855 Overseas Highway in Marathon to the County in exchange for the current library
property located 3251 Overseas Highway in Marathon. Fisherman's Health has requested that Mr.
Wolfe represent them in a limited capacity in connection with this transaction; specifically, to handle
any City of Marathon land use and related real estate issues arising from the transaction but advised
he would not be involved in any contract preparation or negotiation.
Florida Bar rules prevent an attorney from representing one client in a matter adverse to another
client. However, the attorney may represent both clients if the attorney believes that representation
of one client will not adversely represent the responsibilities to the other client, and if both clients
consent in writing.
John Wolfe is currently counsel to the Monroe County Planning Commission and back up counsel to
the County's Contractor's Examining Board. Due to the limited role which Mr. Wolfe would play in
the transaction and since the Monroe County Planning Commission is not involved, Mr. Wolfe
advised he does not believe there is an actual conflict; however, he is requesting a conflict waiver
due to any potential conflict.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
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R.4
DOCUMENTATION:
County Conflict Waiver Letter - John J. Wolfe, Wolfe/Stevens PLLC (Fisherman's Health, Inc.)
FINANCIAL IMPACT:
Effective Date:
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:
None
REVIEWED BY:
Bob Shillinger Completed 11/03/2019 2:45 PM
Kathy Peters Completed 11/04/2019 1:47 PM
Board of County Commissioners Pending 11/20/2019 9:00 AM
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'Wol. e , tevens
Attorneys at Law
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VIA E-MAIL
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October 11, 2019 2
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Robert B. Shillinger
Monroe County Attorney 0
1111 12'h Street
Suite 408
Key West, FL 33040
Re: Conflict Waiver
Dear Bob, ,U)
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As you are probably aware Fisherman's Health, Inc. (Fisherman's) has been discussing and I E
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believe negotiating with the County to enter into a real estate transaction pursuant to which
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Fisherman's would sell/exchange to the County the property they own located at 2855 Overseas
Highway in Marathon, and the County would sell/exchange to Fisherman's the current library
property located at 3251 Overseas Highway in Marathon. The library property is currently part of a.
a larger parcel including the courthouse complex so as part of the transaction it would need to be U)
split. >
Fisherman's, through their outside counsel, Saxon& Fink has requested that I represent them in a
limited capacity in connection with this transaction. Specifically, my engagement would be to 0
handle any City of Marathon land use and related real estate issues arising from the transaction. I
would not be involved in any contract preparation or negotiation. Given this limited role, I am not 0
sure that there is an actual conflict,particularly since the Monroe County Planning Commission is
not involved, but I am requesting a conflict waiver in the event that you believe there is one.
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We are very excited about Baptist rebuilding our hospital and providing first class health care in
the Middle Keys. I believe this transaction, if it works out for the parties, could further that cause.
Please advise if the county will waive the potential conflict.
Very truly yours,
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John olfe
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Pn,' athonlaw.com
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cc: Patrick Stevens
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2955 Overseas Highway, Marathon, FL 33050 (305) 743m9858
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