Item T04 T.4
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
Mayor Pro Tem Craig Cates,District 1
The Florida Keys '
Y � ��F' Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: T.4
Agenda Item Summary #10275
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
None
AGENDA ITEM WORDING: Approval of Settlement Agreement in Monroe County v. Jerome
and Eleanor Knight, Case No. 20-CA-659-K and authorization for the County Attorney's Office to
execute the Settlement Agreement documents.
ITEM BACKGROUND: ITEM BACKGROUND: This property is the subject of a code
compliance case (CE18030007) for failure to obtain a required building permit prior to
commencement of construction and for failure to comply with floodplain standards, after a post-
Hurricane Irma damage assessment.
The case was heard on August 30, 2018 and the property owners were present at hearing. The
Special Magistrate found the property in violation, imposed a fine of $50.00 per day, per charge, if
not compliant by November 30, 2018, and imposed costs. The County's lien was recorded on
November 30, 2018. On July 15, 2020, the BOCC authorized the County Attorney's Office to
initiate litigation against the Defendants for the ongoing violations. The County Attorney's Office
filed suit on October 15, 2020. The property was in compliance on January 7, 2021. Accumulated
fines total $76,800 and there are costs of$1,920.59.
Pursuant to Resolution No. 148-2008 staff is authorized to negotiate a reduction in fines and costs
down to 25% of accrued fines and costs but must seek BOCC approval for a further reduction.
There are several significant mitigating factors that warrant a greater reduction in the assessed fines
in this case. They are as follows:
• The contractor who initially performed the work stipulated that he did work without pulling a
permit; this unpermitted work is what led to the code case.
• The property is the homesteaded property of the Defendants, a 92-year-old Navy Veteran and
his wife.
• The Big Pine Key property was severely damaged by Hurricane Irma. The property owners
were able to bring the property into compliance. They did so after recruiting the help of their
daughter, a new contractor, and the Veteran's Crisis Hotline.
Under the circumstances, the County Attorney's Office recommends approval of a settlement
whereby the property owners will pay costs only ($1,920.59) and the fines will be waived. The
Packet Pg. 3579
T.4
property owners have agreed to the settlement. A copy of the Settlement Agreement is attached as
backup. The proposed Settlement Agreement resolves all litigation between the parties. The item
also seeks authority for the County Attorney's Office to execute all settlement documents.
A closed session is scheduled for the 3/16/22 meeting. Bulk approval of this item would eliminate
the need for a closed session in this matter.
PREVIOUS RELEVANT BOCC ACTION:
07/15/20: Bulk Item Approved: Authority to initiate litigation regarding CE18030007.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of Settlement Agreement and authorize the County
Attorney's Office to execute the settlement documents.
DOCUMENTATION:
Proposed Settlement Agreement
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI:
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: If yes, amount:
Grant: n/a
County Match: n/a
Insurance Required: n/a
Additional Details:
REVIEWED BY:
Paunece Scull Completed 02/07/2022 3:50 PM
Bob Shillinger Completed 02/07/2022 3:53 PM
Purchasing Completed 02/07/2022 4:05 PM
Packet Pg. 3580
T.4
Budget and Finance Completed 02/08/2022 9:12 AM
Brian Bradley Completed 02/08/2022 9:18 AM
Liz Yongue Completed 02/08/2022 9:40 AM
Board of County Commissioners Pending 02/16/2022 9:00 AM
Packet Pg. 3581
L4.a
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, Case No.: 2020-CA-659-K
a political subdivision of the State of Florida,
Plaintiff,
v CV
KNIGHT, JEROME F. and KNIGHT, ELEANOR M.
Defendants.
SETTLEMENT AGREEMENT
The Plaintiff, Board of County Commissioners of Monroe County ("County") and E
Defendants, Jerome and Eleanor Knight("Defendants") (collectively, the "Parties") agree to 2
settle the above-styled matter as follows:
1. The County brought this action to gain compliance and enforce an unpaid code E
enforcement lien against Jerome and Eleanor Knight, and their property located at 1792 Sunrise
Drive, Big Pine Key, Florida(RE400312870-000000) ("Property") as a result of violations found U)
in Code Enforcement Case Number CE18030007. 0
2. The Defendants own the Property. All violations noted in Code Enforcement 2
Case Number CE 1803007 have been cured.
e(
3. The County holds valid code enforcement liens against the property due to fines
imposed by the Code Enforcement Special Magistrate against Defendant on August 31, 2018, as E
a result of violations of the Monroe County Code. 2
4. The County agrees to waive all fines that have accrued, in the amount of seventy-
six thousand eight hundred dollars and no cents ($76,800.00). E
5. The Parties agree that Defendants shall pay the costs associated with this matter in
the amount of one thousand nine hundred and twenty dollars and fifty-nine cents ($1,920.59)
("Settlement Amount"). Within thirty (30) days following execution of this Settlement 0.
Agreement by both Parties, Defendants shall deliver payment to: Monroe County Code
0
CL
Compliance, Attn: Nicole Petrick, 2798 Overseas Highway, Marathon, Florida 33050.
6. Within ten (10) days following delivery of the Settlement Amount by Defendants
to the County, the County will
a. File a Notice of Voluntary Dismissal in this matter;
1
Packet Pg. 3582
L4.a
b. Record a Release of Lis Pendens in the Official Records of Monroe County;
and
c. Record a Release and Satisfaction of the underlying code enforcement lien in
the Official Records of Monroe County.
w
7. Each of the Parties shall bear its own attorneys' fees and costs. By entering into
this Agreement, each party agrees to waive and release any and all claims against the other that
could have been raised, either in the Code Enforcement Case No. CE 18030007 or in this
z
lawsuit.
Jerome Knight Paunece Scull E
Assistant County Attorney 2
Monroe County Attorney's Office
Date
Date
4-
0
Eleanor Knight >
2
Date
0
0.
0
CL
Packet Pg. 3583