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Item Q11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 19,2006 Division: County Attorney Bulk Item' Yes 1\0 X Department: County Attorney Staff Contact Person Bob ShillingeLx347~ AGENDA ITEM WORDING: Presentation of settlement offer tram Mary Ellen Lloyd in matter of Jvfo/1roe COUflZV 1'. A1ary 1':llel1 L!(~nl. nom/h.\' !lough, eI aI, CA M 03-362 ITEM BACKGROUND: The County holds a code enforcement lien against a Conch Key property owned by Ms. Mary Ellen Lloyd, The $150 daily' tine began to run on January 18, 2002, The property was brought into compliance after the stmcture was demolished on August 3 L 2004, At that point, the fine totaled $143,500,00. Due to her poor health condition as detailed in the attached letter, r-.1s. Lloyd was unable to achieve timely compliance though she did make repeated contacts with the building and code enforcement departments since she became aware or the violations. Her situation was complicated because she lives in Michigan and thus was not able to cure the violations in a timely manner '\1 s. Lloyd is requesting a complete torgiveness of Lhe line and costs. The County Attorney's oilice has spent 5 5 hours ($1100) on this matter. In addition, the County had retained Vernis & Bowling to collect this debt That firm is claming fees of $4100 and costs of $402.44, ]1' this matter is not resolved before August ] 5, 2006, the Court had ordered the parties to mediation, Trial would be held in November 2006, Including mediation, completing the foreclosure process would involve an estimated 15 hours of stafl'time. PREVIOUS RELEVANT BOCC ACTION: On 4/16/03, the ROCC authorized collection action CONTRACTIAGRI<:EMENT CHANGES: N/A STAFF RECO.\l.\lENDA TIONS: Rejection of Defendants' after and authorization for staff to negotiate settlement thaL at a minimum, covers the County's costs plus a portion of the fine. TOTAL COST: N/A BUDGETED: Yes No COST TO COC,,"TY: N/A SOURCE OF FVNDS: N/A REVENUE PRODlICING: Yes ~ No AMOUNT PER MONTH..J11L Year N/A APPROVED BY: County Atty ~ OMB/Purchasing_ Risk Management _ DIVISION DIRECTOR APPROVAL: DOClJMENT A TION: Included X DJSPOSITIO~: Not Required_ AGENDA ITE~l # Revised 2/0:> \: :":" :-"~ I"F ~; )vJmy Ellen Lloyd 2112 Thaler Ave:. Ann Arbor, M! 48103 (734) 168M 1572 June 1 I, 2006 Dear [v1r 511 i II i ngeL I am wri'jng in regard to my case that will be coming before JudgB Payne on June 13,2006 and is reference: lo my property at 51 S. Conch AVt'L, on Conch Key. As J mentioned to YOll on the phOl1t, in March of 2005 I had a stem cell lransplam (same as a bone marrow tral1.s.pl~ln') for a disease called Lupus A fief 18 years of fighting this tnCllmb 1c immune sy5lem diSe3.'ie I exhausted all other forms of treatment a11d was emolled 111 an experimental study all\.jo-nlnycstern Memorial Hos.pital in Chicago as my last hope. I am very pleased to say that il appears I am among those who have been fortunate enough 10 be helped by 1hi5 rroce:clme and my prognosis is now very positive, I am however, stil1 unable to return to work until! have several surgc:ri~g tCl repair joints damaged by the medication r was on for all those years for tIle lupus, I was hospitalized 13 times from the time 1 received the code vlolationunti11 had lhe ~:tem cell transplant 1 <1.st year. Because oftl1e severity of my tiledl eal problems I was unable to deal with the code violation quickly, ahhougn all activity on my home on Conch Key was stopped from the lime I received the vio latioll.'vfy property wus final 1)' brought to code- in August of 2004 after I had a contractor (I- indbach COllstructioli) level the home and remove it from the 5i te. The fcc for 111i5 was ovel' $9,000. At this lime J am asking thaI the COlm forgivi;': my fine due to the fact that! cilrl Mill Lnable to work for medical rem~ons and the cost of bri11ging the property to code \vas already :';0 high, 1 am unable 1.0 appear in person for tht ht:a,ring on Tuesday, but will be pal1icipating by phol'c. I want to thank you rOl' YOLlr time and consideratiOl1 hi this matter_ Sincere ly, ~~~QQ~~ f\1ary Ellen i-;:yd . TN 'll.JE C!RCUnCOURT OF THE SIXTEEl"HH JUD1CU\L CIRCUiT 1I'>J AND FOR MONROE COUNTY, FLORll)A RO.C.C. MONROE COUNTY, FLORiDA A political subd (vision of the State of Florida, Plaintiff, CASE NO.2004-CA-161-M 2003-CA-362-1\1 v MARY ELLEN LLOYD, Defendant. I ORDER SETTING MATTER FOR TRIAL This matter>..-having come before the Court for a case management conference on June 13,2006, and the Plaintiff Monroe County having appeared by counsel and the Defendant pro se Mary Ellen Lloyd having appeared by telephone, the Court hereby: ORDERS and ADJUDGES as follows: 1 If this matter is not resolved prior to July 31, 2006, this matter shall be referred to mediation by August 15,2006; 2. If not resolved, this matter shall be tried on the Court's November trial calendar; and 3. There shall be no further continuances granted in this matter. v I _~)I d-- DONE and ORDERED in"'UfLcr"S1,f'lorida, this~day ofJune 2006, nunc pro tunc to June 13,2006. -~- >:~- t.~H.A"RD G:, .F~YNE RICHARD G PAYNE CIRCUIT JUDGE Copies furnished to: Robert B. Shillinger, Jr., Esq. Mary Ellen Lloyd Defendant, pro se 2122 Thaler Ave. Ann Arbor, MI 48103