Item Q3BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date October 20, 2004 Division County Attorney
AGENDA ITEM WORDING
Presentation of Defendant's Mario Alfonso's settlement offer in Monroe County v. Mario
Alfonso, CA K 03-1458.
ITEM BACKGROUND
The County has filed suit against Mario Alfonso to collect a $91,450.00 code enforcement
fine that is secured by a lien against his trap yard on Big Pine Key, which is not protected
by homestead. The Special Master imposed the $150 daily fine in March 21, 2002 which
continued to run until compliance was achieved on November 20, 2003. Efforts to collect
the fine commenced in June 2003. When those efforts proved unsuccessful, the County
filed suit to collect the fine and/or foreclose on the property in December 2003. At the time
the suit was filed, County staff had offered to recommend that the Board settle the case for
$9,145.00 or 10% of the fine. That offer was open for 30 days and not acted upon. That
deadline was extended for an additional 30 days when Mr. Alfonso was incarcerated in
January of 2004. That deadline expired without action by the Defendant or his family who
were negotiating on his behalf. Since that offer was withdrawn, legal staff has expended
additional time litigating this case.
On October 11 2004, the Defendant offered $11,095.00 to settle this case contingent on
either his sale of the property. While legal staff is obligated to present settlement offers to
you, this one is presented with a strong recommendation that it be rejected.
PREVIOUS RELEVANT SOCC ACTION. BOCC authorized collection proceedings on June
18, 2003.
CONTRACT/AGREEMENT CHANGES n/a
STAFF RECOMMENDATIONS -- Reject settlement offer.
TOTAL COST BUDGETED Yes No
COST TO COUNTY SOURCE OF FUNDS
APPROVED BY: County Attorney ■ OMB/Purchasing ! Risk Management!
DIVISION DIRECTOR APPROVA
OHN R. COLLINS
DOCUMENTATION: Included ! To Follow! Not Required xxx
AGENDA ITEM #