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Item P01 OK~~rY ~~~~~E (305) 294'~1 Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516 - Fax BOARD OF COUNTY COMMISSIONERS MAYOR Murray E. Nelson, District 5 Mayor Pro Tern, David P. Rice. District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Charles 'Sonny. McCoy, District 3 MEMORANDUM TO: Richard Collins Suzanne A. Hutto$ FROM: DATE: January 5, 2004 SUBJECT: Recap of services provided December 2003 Cont / Le~se / Policies & Department Amend Am,eJ;ld Res Ord Memos Procedures RFP Meetings Airports BOCC 2 I CEB Clerk of Court I Community Svcs. Constr Mgmt. Emergency Comm. I Emergency Mgmt. 1 I Engineering 1 I Facilities Maint Fleet Mgmt. Growth Mgmt. Housing Land Authority Marine Resources Municipalities OMB 37 Parks & Rec. I Public Works Social Services 2 Tech Services TDC 14 VAB I TOTALS 16 2 38 3 1 4 DECEMBER ~)I Memorandum To: Richard Collins, County Attorney From: Bob Shillinger, Asst. County Attorney Date: January 16, 2004 Re: January 2004 CAY litigation report NEW CASES FILED AGAINST THE COUNTY Clay. Robert Lee~ John & Li Chiuna Moyant v. Monroe County CA M 04-05 Circuit Court 16t Judge: Jones Date Filed: 01/05/04 Mandamus Petition to release building permits for 2 properties on Big Pine or alternatively seek damages for inverse condemnation. Mayor served 1/8/04. Status: Assignment to in house or outside counsel pending. Next Activity: Responsive pleading due January 28, 2004. Time: .6 Costs: None Evans. Brian v. Monroe County. et 81 04-CV-23 USDCt. Hawaii Judge: Gilmore/Mag. Koybayashi Date Filed: 1/15/04 Complaint seeking $10million dollars in damages, plus punitives, for Fraud, Deception, and Emotional Distress filed against the State Attorney, Gov. Bush, the State, the Sheriff & his lawyer, MCSO, & the County. Plaintiff claims that the BOCC "failed to protect the interests of the Plaintiff." Status: Suit has been filed but neither the Mayor nor his designee report having been served. Next Activity: Surfing lessons. Scheduling conference 4/12/04. If served, prepare defensive motions and answer. Time: 1.1 Costs: None Hyatt & Saavedra Development Corp. v. Monroe County CA P 03-687 Circuit Court 16th Judge: Garcia Date Filed: 12/31/03 Civil Rights action based on refusal of County to issue building permit for construction of McDonald's restaurant in Key Largo. Mayor served 1/8/04. Status: Assigned to Johnson, Anselmo, Murdoch, Burke & George, P.A.; exploring coverage for damages through insurance policies. Next Activity: Responsive pleading due January 28, 2004. Time: 1.2 Costs: None In re: Florida Petroleum Reprocessors Site Davie, FL CER 04-2004-3751 US EPA Admin. Proceeding Judge: TBA Date Filed: TBA The County received a notice of de minimis settlement offer letter on 12/15/03 for its role in generating and transporting hazardous waste (mostly oil) to a site in Davie, Florida that is being cleaned up under CERCLA. EPA has offered to settle with County for $20,988.40 in exchange for a release from further liability. Status: Assigned to CAY staff. Verifying documentation. Next Activity: until 1/31/04. Counter offer letter being drafted; Settlement period open Time: 7.1 Costs: None GENERAL LITIGATION D&J Industries v. Monroe County CA P 99-543 Circuit Court 16th Judge Garcia Date Filed: 10/12/99 Cert. review of the BOCC's decision to award contract for roofing contract for the Marathon Government Annex to another bidder. Status: Closed. Dismissed for lack of prosecution. Next Activity: Hearing on BOCC's Motion for Attorney Fees tba. Time: $5,160.00 Costs: unknown Hinote Construction v. Monroe County CA P 03-344 Circuit Court (16th) Judge Garcia Date Filed: 6/18/2003 This is a 9 1983 action arising out of a denial by the Planning Commission of a transfer of commercial square footage to the proposed Walgreen's in Key Largo against the advise and recommendation of staff. Current Status: Settled. Next Activity: Defend permit appeals. Time: 24.4 hours Costs: $50.46 Llovd Good v. Monroe County CA K 04 ---- Circuit Court (16th) Judge: Date Filed: On 11/24/03, the County was served with notice of a claim under the Bert J. Harris Act regarding two parcels of property owned by Lloyd Good. Current Status: Statutory Notice provided to Dept. of Legal Affairs on 12/9/3. Next Activity: Nothing scheduled. Reviewing claim. Time: 2.1 hours Costs: $5.56 Loose. Karl et at v. Monroe County Case No.: 03-10019-CIV-Hiahsmith U.S. Dist. S.D.Fla.: Judge: Highsmith Date Filed: March 4, 2003 This federal ADA case, in which a professional Plaintiff complains of deficiencies for handicap access in the Key West Court House complex. The CAY engaged the firm Vernis & Bowling to serve as co-counsel because its an ADA case. Current Status: The discovery period has closed. Next Activity: Mediation deadline 1/23/4. Time: 37.4 hours by CAY Costs: $795.36 V & B has billed for $11,546.14 (Not audited yet.) Monroe County v. Mark Fraleiah CAP 03-647 Circuit Court (16th) Judge: Garcia Date Filed: 12/8/3 This is an action for ejectment against a person who owns structures located on County right-of-way. Case against prior owner dismissed after he sold structures to Fraleigh. Current Status: Complaint filed 12/3/3. DF counsel has agreed to accept service. Next Activity: Discovery & motions. Time: 3.1 Costs: NONE Monroe County v. Ana M. Martinez CA K 03 - TBA Circuit Court (16th or 11th) (no judge assigned yet) Action to foreclose or seek declaration of rights on lien against Cuban biplane. Current Status: County reimbursed for security costs through other means. Next Activity: Draft lien release. Time: 16.5 hours Costs: $200.00 Oasis Travel v. Monroe County SC K 03-445 County Court (16th) Judge: Miller Date Filed: 10/3/03 Small claims collection action filed against the County by a travel agency that contends that it is owed money for plane tickets issued to, but unused by, County employees. Current Status: Case settled. Next Activity: Oasis to dismissal suit. Time: 3.7 Costs: none to date PBP Marina, Inc. v. Monroe County CA K 02-561 Circuit Court (16th) Judge: Payne Date Filed: May 2002 Cert. Petition appeal from denial of rezoning on Geiger Key Marina. This case had been referred to M&H though that firm took no action because of a conflict. No notice of said conflict was provided to this office. Current Status: Special Master recommending to Court that it hold case in abeyance while differences between PBP, County, and others including US Navy are resolved. Next Activity: File Response to Petition Time: 8.7 hour Costs: none to date ARTICLE V APPEALS Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03 Circuit Court (16th) Judge: Date Filed: 8111103 This is an appeal of a County Court decision to deny a bail bondsman's motion to set aside a bond forfeiture. Bond amount is $2500.00. Lower Court case is styled State v. James Thomas Hastings, 2003 MM 1845 K. ' Current Status: Awaiting Appellant's initial brief. Next Activity: File Answer brief 20 days after initial brief is served. Time: .1 hour Costs: none to date Monroe County Bail Bonds v. State ex rei. Monroe County CF K 03 Circuit Court (16th) Judge: Date Filed: 7129/03 This is an appeal of a County Court decision to deny a bail bondsman's motion to set aside a bond forfeiture. Bond amount is $10,000.00. Lower Court case is styled State v. David Paul Saunders, 2002 MM 2083 K. Current Status: Awaiting Appellant's initial brief. Next Activity: File Answer brief 20 days after initial brief is served. Time: .6 hour Costs: none to date CODE ENFORCEMENT APPEALS Decker, Harry v. Monroe County CA K 01-1252 Circuit Court 16th Judge Payne Date Filed: 10/5/01 This is an appeal of a code enforcement OSTDS case. The County's Answer brief has been drafted and is undergoing the revision process. Current Status: County's brief has been drafted, needs revisions Next Activity: File County's brief. Time: 6 hours Costs: none Eads, Barbara v. Monroe County CAP 03-117 Circuit Court 16th Judge Garcia:, Date Filed: 2/27/03 This is a code enforcement appeal of the special master's order finding the Lowe House to be in unsafe condition and setting forth a compliance schedule. Status: record. County prevailed in cert. Case. Code Enforcement clerk completed Next Activity: Appellant's brief is due March 1, 2004. Time: 2.5 hours Costs: none Fuchs, Walburaa v. Monroe County CA K 01-1251 Circuit Court (16th) Judge Vernon Date Filed: 10/5/01 This is a code enforcement appeal of an OSTDS case. Current Status: The County's Answer brief has been drafted and is currently being revised. The Appellant has consented to an extension. Next Activity: File brief. Time: 8 hours Costs: none Stevenson, MK v. Monroe County CA K 02-257 Circuit Court 16th Judge Payne Filed: 2/26/02 Appeal of a finding that Caribbean Village storage sign was an off premises sign. Current Status: All brief have been filed. Oral argument has not been requested. Next Activity: Court decision. Time: 27.6 hours Costs: none CODE ENFORCEMENT FORECLOSURES/COLLECTIONS Monroe County v. Mario Alfonso CA K 03-1458 Circuit Court (16th) Judge: (none yet) Date Filed: 12/08/03 Code enforcement foreclosure action authorized by the soee on 6/18/03. Fine fixed at $91,450.00. Current Status: Suit filed. Next Activity: Serve Defendant w/ summons. Time: 2.5 hour Costs: $91.00 Monroe County v. Robert Brown & Marie Drisse. CA K 03-1036 Circuit Court (16th) Judge: Payne Date Filed: 9/3/3 Action to foreclosure on the "Stairway to Heaven" authorized 4/03. Judgment of $187,100.00 imposed. Current Status: Settlement offer to be considered by soce 1/21/4; auction date pending. Next Activity: Settle or auction. Time: 6.7 hours Costs: $192.00 Monroe County v. Patricia Cambo CA K 04 ------- Circuit Court (16th) Judge: Date Filed: Code enforcement foreclosure action that was authorized by the SOCC 12/17/3. Fine was $18,600.00 as of 12/17/03 and accruing at $150 per day. Current Status: Demand letter sent 12/17/03. Next Activity: File suit if no response in 30 days. Time: .5 hour Costs: $0.00 Monroe County v. Dirk Damrau Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action authorized by the SOCC 6/18/03. Fine was $169,900.00 as of 7/18/03 and accruing at $200.00 per day. CA K 03 (TBA) Current Status: Owner just obtained permits. Final inspection pending. Next Activity: Status review 2/2/4. Time: 1.6 hour Costs: none to date Monroe County v. Daniel & Sylvia Fuller Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the SOCC 6/18/03. Lien fixed at $86.350.00. Property brought into compliance after 115 days. CA P 03 (TBA) Current Status: Negotiating settlement. Next Activity: Owner has until January 31, 2004 to improve offer. Time: 2.2 hour Costs: none to date Monroe County v. Daniel Ganim Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the SOCC 6/18/03. CA P 03 (TBA) Current Status: SOCC agreed to settle case for $750.00 on 12/17/03. Next Activity: Owners need to execute settlement agreement and pay. Time: 1.2 hour Costs: none to date Monroe County v. Dan Gleason. SC P 03 - 165 Count Court (16th) Judge: ptomey Date Filed: 8/5/03 Small claims action for a money judgment to collect $520.00 in unpaid code enforcement fines and costs authorized by the SOCC in April of 2003. Current Status: Default Judgment entered on 9/11/03 for $1335.92 Next Activity: File final judgment with Dept. of State & begin enforcement proceedings. Time: 8.9 hours Costs: $65.92 Monroe County v. Lawrence Graves, CA K (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action authorized by the SOCC in April of 2003. Current Status: Litigation file returned from outside counsel. Property conveyed to daughter prior to code enforcement lien being imposed. Next Activity: Return file to code enforcement for further work. Time: 1.5 hour Costs: $150 Monroe County v. Jack Haaopian. CA P 03-529 Circuit Court (16th) Judge: GARCIA Date Filed: 10/1/03 Code enforcement collection action authorized by SOCC on 8/20/03. Fine was $203,100.00 as of 9/30/03 and accruing at $250.00 per day. Current Status: Owner filed answer and Third Party Complaint against contractor who failed to pull permits for installation of elevator: Next Activity: 2/12/03, Motions scheduled. Time: 2.5 Costs: $20.00. Monroe County v. Dorothv Houah CA P 03 (TBA) Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by SOCC on 9/17/03. As of 9/25/3 lien valued at $25,050.00 and accruing at $50.00 per day. Current Status: Negotiating with owner via her son. Next Activity: Status review 1/5/4. Time: 1.0 Costs: none Monroe County v. Chris Johnson (12 violations) CA K 03-1173 Circuit Court (16th) Judge: Payne Date Filed: 10n/03 Code enforcement foreclosure action that was authorized by the SOCC 7/15/03. $12,000.00 per day since 2/21/03. Current Status: Judgment of $3,744,100.00 entered Defendant on 12/30/03. Next Activity: Auction on Courthouse steps, TSA. Time: 6.4 hours Costs: $170.00 Monroe County v. Chris Johnson (ROW Debris) CA K 04 Circuit Court (16th) Judge: Date Filed: Code enforcement foreclosure action that was authorized by the SOCC 12/17/03. Current Status: Demand letter sent 12/17/03. Next Activity: Amend CA K 03-1173 if no final judgment after 30 days. Time: .5 hour Costs: $0.00 Monroe County v. Key Larao Ocean Resorts CooP. Inc. CA P 96-260 Circuit Court (16th) Judge Garcia Date Filed: 5/20/96 This is an action to foreclose a code enforcement lien. Current Status: Case has been removed from Court's docket due to settlement agreement that the soee approved on 6/18/03. Next Activity: Joint status report to Court due 01/01/04. Time: 31.2 hours Costs: $340.00 Monroe County v. Larao Coin Laundry. Inc. Circuit Court (16th) Judge: (none yet) Date Filed: Action to foreclosure 2 code enforcement liens authorized by the soce 4/2003. Fine was $183,500.00 as of 5/30/03; compliance achieved. CA P 03(TBA) Current Status: Owner has offered to settle for $2000.00. CAY has asked for $5000.00. Next Activity: Present offer to soee at February 2003 meeting. Time: 2.5 hour Costs: none to date Monroe County v. Pedro Liz (Bakery) Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by SOCC on 7/17/03 when fine was $119,900.00 and accruing at $200.00 per day. CA K 03 (TBA) Current Status: Owner working towards compliance. Next Activity: Title search, then file suit if collection efforts unsuccessful. Time: 1.0 Costs: none Monroe County v. Pedro Liz (Trailer) CA K 03 (TBA) Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by soec on 9/17/03. As of 9/25/3 lien valued at $133,300.00 & accruing at $200 per day. Current Status: Owner working towards compliance. Next Activity: Title search, then file suit if collection efforts unsuccessful. Time: .5 Costs: none Monroe County v. lily Marks. (OSTDS) CA K 03-1152 Circuit Court (16th) Judge: Payne Date Filed: 10/2/3 Code enforcement collection action authorized by SOCC on 8/20/03, when fine was $263,850.00 and accruing at $250.00 per day. Current Status: Discovery process. Next Activity: If no compliance, move for summary judgment. Time: 1.0 Costs: $20.00 Monroe County v. lily Marks. (Sheds) CA K 04 - Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by SOCC on 12/17/03 when fine was $99,100.00 and accruing at $500.00 per day. Current Status: Demand letter sent 12/17/03. Next Activity: Amend CA K 03-1152 to include this count. Time: .5 Costs: $0.00 Monroe County v. Arthur Mehr CA K 03 (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the SOCC 6/18/03. Fine had reached $28,380 on 7/18/03 and continues to accrue at $20 per day. Current Status: Owner applied for several permits to help achieve compliance in late December 2003 and early January 2004. Next Activity: Status review 2/1/4. Time: 1.9 hour Costs: $150.00 Monroe County v. Armanda Perez. CA K 03- (TBAl Circuit Court (16th) Judge: (none yet) Date Filed: Code Enforcement collection action authorized by SOCC on 4/18/03. Property is homesteaded which limits enforcement options to money judgment for fines accruing after 10/1/00 and/or petition for writ of execution. Fines had reached $33,700.00 on 5/30/03 and continue to accrue at $25.00 per day. Current Status: Property owner working to achieve compliance. Next Activity: Set for status review on 2/2/4. Time: 1.5 hour Costs: none to date Monroe County v. Safe Harbor Marine Railwav Corp. Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the SDCC 6/18/03. As of 1/114, lien totaled $106,700.00. CA K 03 (TBA) Current Status: Negotiating with owner. Next Activity: January 31. 2004 status date. Time: 1.5 hour Costs: none to date Monroe County v. Eduard Stefani, CA K 03- (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action authorized by the SDCC 4/18/03. Fine became fixed at $23,550.00 when property brought into compliance. Current Status: Property in compliance. Negotiating settlement. Next Activity: January 31, 2004 deadline to settle or file. Time: 1.7 hour Costs: $150.00 Monroe County v. Joseph Sutton CA K 03 (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the SDCC 6/18/03. Fine was approximately $18,000.00 when compliance achieved. Current Status: Property in compliance. Next Activity: January 31,2004 deadline to settle or file. Time: 1.5 hour Costs: none Monroe County v. Gertrude Waters Circuit Court (16th) Judge: Code enforcement collection action authorized 9/25/3 lien valued at $79,300.00. CA M 03 (TBA) Date Filed: by SDCC on 9/17/03. As of Current Status: Negotiating w/ son. Property not in compliance. Next Activity: Status review 2/1/4. Time: .7 Costs: none Monroe County v. Gary Yaworski/Anita Fox CA P 03- (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action authorized by the sacc 4/18/03. Fine was $113,100.00 as of 1114/03 and accruing at $100.00 per day. Current Status: Compliance being verified. Next Activity: Compliance inspection, then negotiate settlement. Time: 1.3 hour Costs: none to date Code Enforcement Collection Cases sent to Vernis & Bowling of the Florida Keys, P.A. for collection Monroe County v. Mary Boza, CA K 03-1508 Circuit Court (16th) Judge: Vernon Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the sacc on 4/18/03. Current Status: Complaint filed. Next Activity: Serve defendant. Time: 1.0 hour Costs: none to date Monroe County v. David Cole (Estate) CA K 03 (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the sacc 6/18/03. Current Status: File sent to outside counsel on 11/3/3 for further work. Next Activity: File complaint. Time: 1.0 hour Costs: $150.00 Monroe County v. Alain Y. Depierrefeu, CA K 03-1504 Circuit Court (16th) Judge: Vernon Date Filed: 12/18/2003 Code enforcement foreclosure action authorized by the sacc on 4/18/03. Current Status: Complaint filed. Next Activity: Serve defendant. Time: 1.0 hour Costs: $150 Monroe County v. Alain Y. Depierrefeu. CA K 03-1507 Circuit Court (16th) Judge: Vernon Date Filed: 12/18/2003 Code enforcement foreclosure action authorized by the sacc on 4/18/03. Current Status: Complaint filed. Next Activity: Serve defendant. Time: 1.0 hour Costs: $150 Monroe County v. Mary Ellen Lloyd. CA M 03-362 Circuit Court (16th) Judge: Jones Date Filed: 12/19/03 Code enforcement foreclosure action authorized by the sacc 4/18/03. Current Status: Complaint Filed. Next Activity: Serve defendant. Time: .5 hour Costs: none to date Monroe County v. James Messera. et al CA K 03-1509 Circuit Court (16th) Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the sacc 4/18/03. Current Status: Complaint filed. Next Activity: Find & serve defendants. Time: 1.7 hour Costs: $165.00 Monroe County v. Joe Posada. III CA K 03-1503 Circuit Court (16th) Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the sacc 4/18/03. Current Status: Suit filed. Next Activity: Find & serve defendant. Time: 1.8 hour Costs: $150.00 Monroe County v. Virainia Sawyer & Tony Welters CA K 03-1505 Circuit Court (16th) Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action that was authorized by the sacc 7/15/03.. Current Status: Suit filed. Next Activity: Serve defendants. Time: 1.1 hour Costs: $150.00. Monroe County v. Virainia Sawyer CA K 03-1506 Circuit Court (16th) Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action that was authorized by the sacc 7/15/03.. Current Status: Suit filed. Next Activity: Serve defendant. Time: 1.1 hour Costs: $150.00. Monroe County v. Louis Welters CA K 04 (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the sacc 7/15/03. Current Status: Mr. Welters is now residing in the Plantation Key Convalescent Center, eliminating concerns that foreclosure would make him homeless. Next Activity: Referred to outside counsel on 1/16/4 to foreclose since that firm is handling neighboring properties with common defendants. Time: 1.1 hour Costs: none Monroe County v. Darrell Wolfe CA P 04 (TBA Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by sacc on 11/19/03. Current Status: Referred to V & S on 1/9/4 to review title and to hold off on decision to foreclose until we have a clear picture how junior county's lien is. Next Activity: File suit. Time: .8 hours Costs: none This list does not include the routine motions for costs, attorney's fees, and bail bond forfeiture motions that the County has an interest in by virtue of Article V of the Florida Constitution.