Item R11
BOARD OF COUNTY COMMISSIONERS
AGENDAITE~1SU~ARY
Meeting Date: August 20,2008
Division: County Attorney
Bulk Item: Yes XX No
Staff Contact Person: Cynthia L. Hall x 3174
AGENDA ITEM WORDING: Approval of the Settlement Agreement with Martha Hardin, Code
Enforcement Case CE05080 141.
ITEM BACKGROUND:
In 2005, Ms. Hardin was cited for building without a permit in violation of Section 9.5-111(1), MCC,
and working tiu'ough a stop work order in violation of Section 6-38, MCC (adding siding, replacing
windows, adding Fr~nch doors). Fines accumulated to $36,100 plus costs of $100 and recordation fee of
$18.50. In January 2007 tile Special Magistrate mitigated the fInes to 10% of accumulated amount
provided the fInes were paid within 30 days, but Ms. Hardin was unable to pay and the fines revelted to
the original amount. Since then Ms. Hardin has had serious medical problems and has been unable to
pay the fines. Ms. Hardin proposed, and Growth Management agreed, to allow her to do 300 hours of
volunteer work for Code Enforcement in lieu of payment, subject to approval by the BOCe. The
volunteer hours are the equivalent of25% of the accmnulated fInes and costs, or $36,200 x .25= $9150
at the rate of$30.50 per hour. Ms. Hardin and her husband completed the volunteer hours on 7/25/08.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A '
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
-'aJ!
REVENUE PRODUCING: Yes x No AMOUNT PER MONTH Year
APPROVED BY: County Atty ~ OMB/Purchasing_ RiskManagement_
DOCUMENTATION:
DISPOSITION:
Included x
Not Required_
AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
THE HONORABLE LARRY SARTIN, PRESIDING
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: CE05080141
Martha Hardin,
Respondent(s).
I
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County and Martha Hardin, Respondent, hereby
agree to settle the code enforcement lien imposed in the above-referenced case by the Special Master
against property owned by the Respondent(s) in return for three hundred (300) hours volunteer time.
The property in question has a street address of 19560 Tequesta, Sugarloaf Key, FL, Monroe
County, Florida (RE# 00171110000000).
Respondent and the Board of County Commissioners agree to the following terms:
The full amount owed was $36,100 plus administrative costs ($100) and costs of recording lien
($18.50): The partles have agreed to settle for $9,000 or the equivalent in volunteer hours, as follows:
1. Ms. Hardin and her husband Tim Thompson have volunteered for a total of 300 hours (300
, hours x $30/hour = $9,000.00).
The volunteer time was completed on or about July 25, 2008.
The volunteer time consisted of 300 hours of service to Monroe County Code Enforcement at the
Marathon office.
2.
,
3.
'.iiJiI
4. Ms. Hardin understood that settlement was contingent upon approval by the Board of County
Commissioners, and that upon approval, the County would issue a Satisfaction of Lien to her.
5. In addition to the foregoing, Ms. Hardin must pay the County for the recordation fee ($18.50).
6. The terms of the agreement are as set forth in Exhibit A, attached.
By entering into this agreement, any and all claims arising out of the above-captioned code
enforcement case shall be satisfied and concluded. Each party shall bear its own costs and attorney's
fees other than as specified in this agreement.
1
IT IS SO AGREED AS OF THE LAST DATE SET FORTH BELOW.
(SEAL)
COMMISSIONERS
Attest: DANNY L.KOLHAGE, Clerk
BOARD
OF
COUNTY
Deputy Clerk
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
By
Dated
RESPONDENT "" A 12.:11+-A /.l-A1V)t J
'-
By
Notary Public
(date)
...diiI
2
SlIzmmc A. HuHo-n. Co-unty AUonH~Y*"'.
Robcn fi. ShillingL.'T, ChlCr Assi:;ti\l1t ("mn~y Allum.:}' .. '"
P..:drlJ J, MCicndn, ^~shaant County AUQfIlcy
Su:,;;an M, Gnnlsh:y, As~isti:!1I1 C1.lUIl~}' AUomcy n
NatilC\:llc- \V Onsel. A"Sl':)t,1li! Cuunt)' Auomcy
CYlIlhi;:s L Hall, ^s~i~t~lIIL County AUumcy
ChrisliltC Umbcrt.Harrows. Assi~liHlI n}Uuly AUonu:y
BOARO OF COUNTY COMMISSIONERS
Hayor, Cllades "'Sooni''' NcCoYI rJI51nct J
Ma~'or Pro Tern Hana DI Germ1lrD, DIstncl4
DIxie t-1. Sp!;:l"1i1r, District 1
George: Neugen~ District 2-
Sylvia J. MllTPhy, DlSlnct S
OKYv~,IrY ~o~,~~?oE
t"3o.S~2~N ,16011
Orficc or the CIIUlLly J\ttoru(;'y
III i lie. SU-r..'1.':L. Suilc 40~
Key \Vc:sl, FL 3)().10
(05) 292-.147U - l'hullC
(305) 292.J516 - fo>
.... Ij.o;~:rd CL"ltllic..-d Il'I Clty. Ci1lmly /i:. l~"t,::~l (Iewl 1.'11\
March 24, 2008
Via U.S. M~i1
Ms. Mar(ha Hardin
19560 Tequista Dr.
SugarloafKey, FL 33042
Re: Monroe County FL Code Enforcement Case CEOS080141
Dear Ms, Hardin:
You have asked that we propose an alternative to the accumulated [j nes and costs in this Code Enforcement
case. After talking the matter over with you and with the Code Enforcement Department, I am writing to
propose a settlement to you on the terms and conditions sct forth below.
As you know, the total amount owed at present is $36,100 plus adminislrative costs ($100) and costs of
recording Iicn (SI8.50). The proposal is:
L You will volunteer for a total of300 hours.
2. You must submit a Volunteer Application (attached). The rest of the agreement is subject
to approval of the Volunteer Application by the County, and the agreement is rescinded if the
application is not approved. Volunteer time must begin within one (1) week after the application is
approved.
3. The volunteer time must be finished within 100 days after settlement agreement is signed
4. You will report to the Code Enforcement Departmcnt in Marathon and Ms. Ronda Norman
or her del egate will assign your tasks.
6, You and Ms. Norman will agree on a mutually acceptable schedule, week by week, in
advance of the week to come.
6. lfno.work is available in Code Enforcement Marathon, then you will go to Code
Enforcement Plantation Key, or to Growth Management in Marathon. All travel will be at your own
expense.
~ .if;
Exhibit A
Ms. Martha Hardin
February 13,2008
Puge 2
7. You will repoli to Ms. NOnllan. Each day that you volunteer, you must keep a lug orthe
number of hours volunteered. Ms. Normnn will sign to indicate that we agree that YOll have worked
those hours.
8.
9.
(S 18.50).
10. If for any reason you do not complete the 300 hours within the 100 day time period, the
settlement agreement is rescinded. You will be given eredit for the time that YOll have performed to
tha( point, bulthe balance of the fllll a1nounl of the lien (S36,100 + $100 + 18.50) is due and OWillg.
Once the volunteer time is complete, the seHlement agreement will he presented to the Board of County
Commissioners for signature and a Satisfaction of Lien will be issued to you, which you can record.
You must provide your own tfansportation.
Separate and apart from the foregoing, you must pay the County for the recordation fce
If you are in agreement with the foregoing please sign below and retum the original of the completed
Volunteer Application to me as soon as possible. llmnk you.
't.W
ec: Bob Shillinger
1 AM IN AGREEMENT.
""
. rm)i;;!l$~ Str'-- ~h lo~
I Martha Hardin (Date)
Ow