Item O08 08
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: 08
2023-1469
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
N/A
AGENDA ITEM WORDING: Presentation of settlement offer in the matter of Monroe County,
Florida v. Elizabeth Delgado, Case No. 22-CA-203-P.
ITEM BACKGROUND:
This is a lien foreclosure case. The Code Case was compliant as of 7/1/22, with fines of$78,200 and
costs of$2,360.94.
The purpose of this agenda item is to discuss a settlement offer presented by Elizabeth Delgado. Ms.
Delgado proposes to settle this case with a total offer of$15,000.00, including all fees. The County
Attorney is ethically obligated to convey this offer to the Board. Her proposed amount is less than 25%
percent of the total fines plus all of the costs, which the Board has established is the minimum amount
the County Attorney is authorized to accept without Board approval.
The County Attorney recommends that the Board authorize the County Attorney to make a counter
offer of $23,110.94 which would be 25% of the fines ($19,550.00) +hard costs ($2,360.94) +
reimbursement for legal staff time spent on this case to date ($1200)per the Board approved billing
rates for legal staff.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved litigation in this matter at the 04/02/2022 Board of County Commissioners
meeting. The first of two closed sessions as held December 7, 2022; the second closed session was held
April 19, 2023. The Board rejected Ms. Delgado's previous offers that were even lower.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
3890
FINANCIAL IMPACT:
3891