Agenda 02/24/2015 Item #16A14 Proposed Agenda Changes
Board of County Commissioners Meeting
February 24,2015
Continue Item 5C to the March 10,2015 BCC Meeting: Recognition of Ron Jamro,Director of the Collier County
Museum, for being selected as the winner of the 2014"Star in the Arts" award bestowed by the United Arts Council of
Collier County. (Staff's request)
Withdraw Item 10A: This item continued from the February 10,2015 BCC Meeting. Recommendation that the Board of
County Commissioners recreates the Executive Director position for the Bayshore Gateway Triangle Community
Redevelopment Agency(CRA)and appoints Jean Jourdan as its Executive Director,making her a direct report to the
Collier County Redevelopment Agency,and direct the County Attorney to work with the Chair of the CRA and Ms.
Jourdan on an employment agreement.(Commissioner Fiala's request)
Continue Item 16A2 to the March 24,2015 BCC Meeting: Recommendation to award Invitation to Bid(ITB) 14-6247
for Purchase and Deliveries of Fungicides, Pesticides and Herbicides to multiple vendors,Aligare LLC, Crop
Production Services,Inc., Helena Chemical Company, Red River Specialties, Inc.,John Deere Landscapes,and Univar
USA,Inc. (Commissioner Nance's request)
MOVE ITEM 16A14 TO ITEM 11F: RECOMMENDATION TO REJECT A REQUEST FOR A
REFUND OF $42,050, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. NELL H. EFIRD, SPECIAL MAGISTRATE CASE NO.
CEPM20130004506, RELATING TO PROPERTY LOCATED AT 541 100TH AVENUE N.,
COLLIER COUNTY, FLORIDA. (COMMISSIONER TAYLOR AND COMMISSIONER
FIALA'S SEPARATE REQUESTS)
Move Item 16F2 to Item 11E: Recommendation to adopt a Resolution to support House Speaker Steve Crisafulli's
setting of funding film,television and entertainment incentives as one of his legislative priorities; urging all Florida
counties to join in this initiative with no fiscal impact to Collier County. (Commissioner Henning's request)
Move Item 16113 to Item IOB: This item continued from the February 10,2015 BCC Meeting. Recommendation to adopt
a Resolution petitioning Governor Rick Scott and the Florida Legislature to enact legislation that will restore the local
School Boards' control of educational standards,curriculum,and student assessments. (Commissioner Taylor's request)
Move Item 17A to Item 9A: This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance No.2014-21,The Golf Club of the Everglades Residential Planned Unit Development
within the Rural Fringe Mixed Use District Receiving Lands Overlay,and amending Ordinance No.2004-41,the
Collier County Land Development Code,by amending the appropriate zoning atlas map or maps by changing the
zoning classification of an additional 10±acres of land zoned rural Agricultural(A)to The Golf Club of the Everglades
RPUD; by amending the Master Plan; and by providing an effective date. The subject property is located on
Vanderbilt Beach Road Extension,just east of Collier Boulevard, in Section 31,Township 48 South,Range 27 East and
Sections 25 and 36,Township 48 South,Range 26 East,Collier County, Florida consisting of 845.68±acres [PUDA-
PL20140001511]. (Commissioner Henning's request)
Move Item 17B to Item 9B: This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to consider a
resolution of the Board of Zoning Appeals of Collier County,Florida providing for the establishment of a Conditional
Use to allow Conditional Use#3,Private Clubs,and Conditional Use#5,Commercial and Private Parking Lots and
Parking Garages,within the community commercial tract of the planned unit development pursuant to Section 6.2.0 of
Ordinance No.95-33,the Briarwood Planned Unit Development,for property consisting of 15.97 acres located at the
northeast corner of Livingston Road and Radio Road in Section 31,Township 49 South,Range 26 East,Collier County,
Florida [Petition CU-PL20130002048]. (Commissioner Taylor's request)
Time Certain Items:
Item 13A to be heard at 10:00 a.m.
2/24/2015 9;1111 AM
2/24/2015 16.A.14.
EXECUTIVE SUMMARY
Recommendation to reject a request for a refund of$42,050,in the code enforcement action entitled
Board of County Commissioners v. Nell H. Efird, Special Magistrate Case No. CEPM20130004506,
relating to property located at 541 100th Avenue N.,Collier County,Florida.
OBJECTIVE: OBJECTIVE: That the Board of County Commissioners (Board) reject the
request for a refund of$42,050,in relation to Special Magistrate Case No. CEPM20130004506.
CONSIDERATIONS: As a result of code violations at 541 100th Avenue N., which consisted
of a broken window pane on east side of the home and a failing patio roof on east side of the
home, the Special Magistrate ordered the imposition of a lien against Nell H. Efird in Case No.
CEPM20130004506. The lien was recorded in the Official Public Records on December 20,
2013, at O.R. Book 4994,Page 1899, and it encumbered all real and personal property owned by
Nell H. Efird. The lien amount of$45,346.44 was based on 167 days of accrued fines (July 13,
2013 through December 26, 2013) at $250 per day, plus $112.64 in operational costs, $1,885 in
demolition costs and $1,598.80 in boarding costs. The property has been in compliance as of
December 26,2013.
Attorney George P. Langford made a payoff request to the Code Enforcement department for
this property in the beginning of December 2013. The results were provided on December 10,
2013. The lien balance of$45,346.44 was paid in full on December 31, 2013, and the lien was
released on January 22,2014.
Attorney Timothy Keyser, representing Nell H. Efird, Jr., appeared before the Board, under
public petition (Item 6.A), on February 10, 2015. In his petition, he requested that, of the
$45,346.44 paid to the County on December 31,2013,the County keep $4,046.26, and requested
a refund of $42,050. The Board directed that staff bring the matter back at the next Board
meeting(on February 24,2015).
Resolution No. 2012-46 authorizes the Director of the Code Enforcement Department, as
designee of the County Manager, to recommend settlement of code enforcement liens, using
specified criteria. This authorization does not include liens that have been paid in full. A request
for a fine reduction or settlement was never made prior to payment in full.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and
approved it as to form and legality. Majority support is required for approval. -KN
RECOMMENDATION: That the Board of County Commissioners reject the request for a
refund of$42,050,in relation to Special Magistrate Case No. CEPM20130004506.
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Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division
Attachment: 1)Public Petition documents
2)Resolution 2012-46
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to reject a request for a refund of$42,050, in the code
enforcement action entitled Board of County Commissioners v. Nell H. Efird,Special Magistrate
Case No. CEPM20130004506, relating to property located at 541 100th Avenue N., Collier
County, Florida.
Meeting Date: 2/24/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
2/13/2015 4:22:07 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 2/17/2015 8:43:38 AM
Name: WrightJeff
Title: Director-Code Enforcement,Code Enforcement
Date: 2/17/2015 10:56:29 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/17/2015 11:00:26 AM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 2/17/2015 2:44:38 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/17/2015 2:58:02 PM
Name: IsacksonMark
Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget
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Date: 2/17/2015 3:08:38 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/17/2015 3:31:54 PM
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Request to Speak under Public Petition
Please print
r-c�
Name: ,4i �� l u r/c tt / , Jr.
Address: C1/ " �f5c"r- "``ri- G oeitu4.ref , jr)
..-.I -Ierk e!i ei-7 ,
Phone: 2 6'6 CG/- 4'6,
Date of the Board Meeting you wish to speak:
Must circle yes or no:
Is this subject matter under litigation at this time? Yes lo''
Is this subject matter an ongoing Code Enforcement case? Yes F
Note: If either answer is "yes", the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please explain in detail the reason you are requesting to speak (attach additional
page if necessary):
je e .;...>14e-tChta f C t
Please explain in detail the action you are asking the Commission to take(attach
additional page if necessary):
H:\DATA\FORMS\Public Petition Request Form-2013.doc
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Please explain in detail the reason you are requesting to speak:
Seeking compromise of a code enforcement lien against 541 100th Avenue North,
Naples, Florida; Folio Number 62834000007
Please explain in detail the action you are asking the Commission to take:
Petitioner paid $45,346.44 for release of the lien and seeks the county's settlement and
refund of$42,050 as of the fine portion of the total amount paid.
Petitioner proposes that the county retain:
$ 112.46 for hearing costs
$1,598.80 for lot cleaning
$1,885.00 for demolition costs
$ 450.00 for a fine
$4,046.26 Total
As explanation, petitioner states that years before the lien proceedings were started,
the owner, Nell Hurley Efird, Sr., moved from Collier County for health reasons to live with
her daughter, Nell Hurley Efird, Jr. in Putnam County, Florida. Ms. Efird, Sr. died on 12
October 2008. The property was devised in her will to a trust with many beneficiaries.
The property was offered for sale soon after her death but did not sell because of
economic conditions. The condition of the home deteriorated because the trust had
insufficient assets to make the repairs required by code enforcement. Finally in
November 2013, the trust sold the property at a distress price. The entire fine was paid to
secure a release from the liability within the sale deadline.
All trust assets have been liquidated and all distributions made to the many
beneficiaries. Ms. Efird, Jr., who is in poor health and of modest means, is the sole
remaining beneficiary. The fine is a substantial portion of her share of the trust. If not
refunded she will experience serious financial hardship.
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RESOLUTION NO. 2012 -46
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPLACING AND SUPERSEDING
RESOLUTION NO. 2010-101, AUTHORIZING THE DIRECTOR OF THE
CODE ENFORCEMENT DEPARTMENT, AS DESIGNEE OF THE
COUNTY MANAGER, TO UTILIZE A COLLECTION AGENCY FOR
THE COLLECTION OF CODE ENFORCEMENT LIENS; TO
RECOMMEND SETTLEMENT OF CODE ENFORCEMENT LIENS,
USING SPECIFIED CRITERIA; TO EXECUTE AND RECORD
SATISFACTIONS OF LIEN AND SATISFACTIONS OF JUDGMENT IN
CERTAIN CIRCUMSTANCES; AND TO PERFORM SUCH ACTS
NECESSARY TO THE SETTLEMENT OF CODE ENFORCEMENT
LIENS.
WHEREAS, Article VIII, Section 1, Fla. Const., provides the Board of County
Commissioners (hereinafter `Board") as the governing body of Collier County, with powers of
self-government as provided for by general or special law; and
WHEREAS, certain of these powers have been enumerated in Section 125.01(1), FIa.
Stat., to include: (1) the power to adopt resolutions necessary for the exercise of its powers and
prescribe fines and penalties for the violation of ordinances in accordance with law, and (2) the
power to perform any other acts not inconsistent with law; and
WHEREAS, Section 125.01(3), Fla. Stat., provides all implied powers necessary or
incident to the carrying out of the powers in Section 125.01, and states that Section 125.01 shall
be liberally construed in order to effectively carry out the purposes of this section and to secure
for the counties the broad exercise of home rule powers; and
WHEREAS, the County Manager is responsible for the administration of all departments
of the county government which the Board has authority to control pursuant to Chapter 125, Part
III, the general laws of Florida and other applicable legislation;and
WHEREAS, the Director of Code Enforcement is charged with the responsibility of
enforcing the Code of Laws and Ordinances of Collier County and the Land Development Code
of Collier County;
WHEREAS, pursuant to Chapter 162, Fla. Stat., the Collier County Code Enforcement
Board and Special Magistrate may, upon factual findings of a violation and the violator's failure
to correct or abate the violation pursuant to a previous Order by the Code Enforcement Board or
Special Magistrate, impose fines, and costs to repair, by virtue of an Order Imposing Fine/Lien;
and
WHEREAS, Section 162.09, Fla. Stat., provides that the Code Enforcement Board or
Special Magistrate may authorize the Office of the County Attorney to foreclose the lien or to
sue to recover a money judgment for the amount of the lien in the event the fine/lien remains
unpaid three months after recording of the Order Imposing Fine/Lien; and
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WHEREAS, Section 162.09, Fla. Stat., also authorizes the County to petition the court
for enforcement of the order imposing fine and further provides for execution and levy to the
same extent as a civil judgment; and
WHEREAS, foreclosure, execution and levy, or suits for money judgments, are often not
effective methods for the recovery of code enforcement liens; and
WHEREAS, the use of a collection service has proven effective for recovering other
types of fines and/or assessments, and often presents the only cost-effective means of obtaining
partial or total recovery of liens; and
WHEREAS, a collection agency will typically require thirty percent (30%) of all
amounts collected as compensation for its efforts; and
WHEREAS, the use of a collection agency for the collection of code enforcement liens
is a proper and lawful manner of enforcement by the County and in the best interest of the
public; and
WHEREAS, the County is required to prepare and record a satisfaction or release of
code enforcement liens as well as a satisfaction of judgments for civil code infractions in every
instance where a lien or civil judgment has been paid; and
WHEREAS, the County wishes to establish criteria for the compromise, settlement and
satisfaction of code enforcement liens and has determined that the policy set forth in this
Resolution is in the best interest of the County. n
WHEREAS, the Board finds that the collection of code enforcement liens by the
Director of Code Enforcement under the criteria set forth herein is reasonable and in the best
interest of the public.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
1. Utilizing the most cost-effective means of enforcing and collecting code
enforcement fines and liens imposed by the Collier County Code Enforcement Board or Special
Magistrate is in the best interest of the County. It is the intent and purpose of the County in
adopting this Resolution to set forth a policy dictating a means of enforcement and collection
under circumstances where it is neither feasible nor cost-effective to pursue foreclosure or other
legal proceedings for the collection of these fines or liens.
2, To this end, the Director of Code Enforcement Department is hereby authorized
to collect code enforcement liens through the services of an independent debt collection
company. This authority may only be exercised when all of the following conditions have
occurred.
A. A certified copy of the Order Imposing Fine/Lien has been recorded in the public
records of Collier County; and
B. Three months have passed since the recording of the Order Imposing Fine/Lien
and the lien remains unpaid.
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3. The Director of the Code Enforcement Department shall have the authority to
procure the services of an independent collection service company (hereinafter "Collection
Agent") whose services provide for payment to the Collection Agent based on a percentage of
the amount recovered. This percentage shall not exceed thirty percent of the recovery. Under no
circumstances may the Collection Agent negotiate the lien amount to be paid.
4. The Director of the Code Enforcement Department may recommend settlement of
those code enforcement liens, upon consideration of specific criteria set forth herein, and may
prepare certain documents necessary in the execution of this authority, subject to Board
approval.
4.1 Before a code enforcement lien settlement recommendation is made to the Board,
the following conditions must be taken into consideration:
A. Fine/lien amount is fixed and no longer accruing on a periodic basis.
B. Underlying violation(s)resulting in the fine/lien has been abated or corrected.
C. History of violations involving the offering party.
D. For code enforcement liens and fines on a property that has new ownership, fines
that accrued prior to transfer of title and thirty days following transfer of title
would be considered for waiver so long as the new owner has diligently pursued
abatement and compliance has been achieved.
E. Extent to which payment of the full lien amount would impose a severe financial
hardship on the property owner; fines accrued by an existing owner would be
considered for a waiver as long as the existing owner has diligently pursued
abatement and compliance has been achieved.
F. The amount recovered will equal or exceed the costs and expenses incurred by the
County in prosecuting the violation and obtaining, recording, and enforcing the
fine/lien.
4.2 All liens, excluding any that have been fully paid, must be formally released with
the approval of the Board of County Commissioners.
4.3 Once a code enforcement lien has been compromised by Board approval and full
payment of the compromised amount has been received by the County, as verified by the
Director, or his/her designee, a Satisfaction and/or Release of Lien shall be prepared for the
Board Chairman's signature. Within thirty (30) days of Board approval, the Director, or his/her
designee, shall effectuate recording of the releasing instrument.
4.4 To the extent that other documents are needed to effectuate any action taken by
the Director pursuant to this Section. the Director is authorized to prepare and execute such
documents. This provision shall not be construed as permitting or authorizing the Director to
exercise any authority in violation of Florida law or County policy and law, but rather is intended
to encompass ministerial acts necessary to effectuate, memorialize, or implement a lien
compromise contemplated by this Section.
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5. The Director is further authorized to prepare and execute on behalf of the County
Satisfactions of Judgment for Final Judgments rendered by the Court for code citations issued
pursuant to part II, Chapter 162, Florida Statutes. Director, or her/his staff, shall verify that full
payment has been received by the Clerk's Office or other County agency. The Office of County
Attorney shall approve the executed Satisfaction of Judgment as to form and legal sufficiency
prior to recording. After approval by the Office of County Attorney, the Director, or her/his
designee, shall effectuate recording of the instrument.
6. The Director may perform all such acts as may be necessary or appropriate in
connection with the exercise of the authority granted herein.
7. Nothing contained herein is intended or shall be construed to create any rights,
entitlements or remedies to the enforcement and collection of a code enforcement lien in a
particular manner by any person or entity. It is the intent of the Board to merely articulate a
means of compromise and collection when doing so is in the best interest of the County and a
more cost effective means of collecting a code enforcement lien. The recommendation of
whether a lien should be compromised or subjected to collection through a collection agency is
made at the discretion of the Director of Code Enforcement.
8. The Director of the Code Enforcement Department, or his/her designee, may
record the Release and Satisfaction of Lien for those code enforcement liens which have been
fully paid.
BE IT FURTHER RESOLVED THAT if one or more of the provisions of this policy
should be held contrary to any provisions of law or contrary to public policy, or shall for .-.
whatever reason be held invalid, then such provision shall be null and void and shall be deemed
severable from the remaining provisions of this Policy and in no way shall affect the validity of
all other provisions of this policy.
BE IT FURTHER RESOLVED THAT this policy shall become effective immediately
upon the adoption of this Resolution, and it shall replace and supersede Resolution 2010-101.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same this the J3441 day of Mprth ,2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Ik By
at te ( i4y Clerk FRED W. COYLE, CHAI AN
ft
Apprilmj,ro�l �`y �
and legal saf cieepcy??
Je f/Wright
Ass'stant County Attorney
4
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