Agenda 02/08/2011 Item #16K5
Agenda Changes
Board of County Commissioners Meeting
February 8, 2011
Continue Item 8B to February 22. 2011 BCC Meetin2: Recommendation to adopt a Resolution
amending the Collier County Water-Sewer District Impact Fee Rates, established by Ordinance No.
2007-57, as amended, by reducing the water impact fee by $285 (-8%) to $3,290 per Equivalent
Residential Connection, and the wastewater impact fee by $250 (-7.2%) to $3,245 per Equivalent
Residential Connection, for a total reduction of $535 (-7.6%), with an effective date of February 14,
2011. This is a companion to Item 8D. (Staff's request)
Continue Item 8D to February 22. 2011 BCC Meetin2: Recommendation to adopt an Ordinance
amending Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County
Consolidated Impact Fee Ordinance) by amending the Road Impact Fee rate schedule, which is
Schedule One of Appendix A, to reflect the Phase II rate schedule set forth in the "Collier County
Transportation Impact Fee Cost and Credit Update Study" adopted September 28,2010, which
provides for a reduction in rates; and providing for a delayed effective date of February 14, 2011.
This is a companion to Item 8B. (Staff's request)
Move Item 16D1 to Item 10E: Recommendation to approve selection of firms under RFP 10-5572:
Wiggin's Pass Permitting, Modeling & Inlet Management Plan to Coastal Planning & Engineering,
Inc. and direct staff to bring a negotiated contract to the Board for subsequent approval
(Commissioner Hiller's request)
MOVE ITEM 16K5 TO ITEM l1A:
RECOMMENDATION TO AUTHORIZE A
REPRESENTATIVE OF COUNTY ATTORNEY'S
OFFICE TO BID ON BEHALF OF THE COUNTY AT
FOURCODEENFORCEMENTLffiN
FORECLOSURE SALES SCHEDULED BY THE
CLERK IN BOARD OF COUNTY COMMISSIONERS
VS. JEAN CLAUDE MARTEL, CIRCUIT COURT
CASE NO.I0-720-CA, IN AN AMOUNT NOT TO
EXCEED THE VALUE OF THE COUNTY'S
FORECLOSED LIEN INTEREST;
APPROXIMATELY $409,000 FOR 4 PARCELS.
(COMMISSIONER HILLER'S REQUEST)
Move Item 1681 to 13A: Recommendation to authorize the CRA Executive Director to negotiate
land purchase agreements, subject to approval by the Community Redevelopment Agency, relating
to expansion of the Gateway Triangle Stormwater Management Pond and approve an application for
a FEMA grant to fund the purchase of the subject properties (Commissioner Hiller's request)
Note:
Correction to Item 16D2: In the Executive Summary, Fiscal Impact section, third sentence should read
"Collier County and partners will be required to provide a match of at least.w 100 percent of the grant
award". (Staff's request)
Time Certain Items:
Item lOB to be heard at 10:30 a.m.
4/12/2011 3:41 PM
EXECUTIVE SUMMARY
2/8/2011 Item 16.K.5.
Recommendation to authorize a representative of the County Attorney's Offiee to bid on
behalf of the County at four code enforcement lien foreclosure sales scheduled by the Clerk
in BOARD OF COUNTY COMMISSIONERS v. JEAN CLAUDE MARTEL, Circuit Court
Case No. to-nO-CA, in an amount not to exceed the value of the County's foreclosed lien
interest (approximately $409,000 for four parcels).
OBJECTIVE: To obtain the Board's authorization for a representative of the County Attorney's
Office to bid on four properties to be sold at separate foreclosure sales (currently set for February
16, 2011), as a result of a Final Swnmary Judgment of Foreclosure in favor of the County in
Collier County v. Jean Claude Martel, Circuit Court Case No.1 0-720-CA.
CONSIDERATIONS: The County Attorney's Office filed a foreclosure action on February I,
2010, in relation to a code enforcement lien imposed against real and personal property owned by
Mr. Martel.
On December 17,2010, the court entered a final summary judgment in the County's favor, reciting
a total swn due of $409,405.45 under the lien, and directing the Clerk to sell four of Mr. Martel's
properties in unincorporated Collier County to satisfy the lien. A copy of the order is included in
the backup materials for this item. The February 16, 20 1 I public sales have been advertised and
will be conducted in accordance with Florida law,
On February 1, 2011, the Bayshore Gateway Triangle Community Redevelopment Agency
Advisory Board approved a motion for CRA staff to work with the County to purchase the three
parcels located on Karen Drive, for payment of County hard costs, taxes, and closing costs, in the
event the County is the successful bidder on any of these properties. It is expected that the fourth
property will be sold to a public bidder.
FISCAL IMPACT: Fiscal impacts includc a $70 fee per sale for four sales (total of $280), plus
costs related to recording of title. This authorization will allow the County to bid a combined
cwnulative amount not exceeding the valuc of tlle County's foreclosed lien intcrest (currently
$409,405,45), Recording and related costs are to be paid from the "Code Enforcement Board
Fines" Revenue Account, and sufficient budget exists for such costs. This fiscal impact will likely
be offset upon acquisition andlor sale of the properties.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this Executive Swnmary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. Approval of this
item requires a simple majority vote. -JW
-
RECOMMENDATION: That the Board of County Commissioners (I) authorize a
representative of the County Attorney's Office to bid on the subject property as described herein;
(2) accept and authorize recording of title to the properties, upon confirmation of the sale by the
Clerk and issuance of a Certificate of Title; (3) authorize staff to pay any fees, assessments, or
expenses associated with the sale and recording of the Certificate of Title; and (4) authorize staff to
take necessary measures to maintain, surplus, and scll the property in accordance with state and
local laws.
Prepared by: JeffE. Wright, Assistant County Attorney
Packet Page -712-
2/8/2011 Item 16.K.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5.
Item Summary: Recommendation to authorize a representative of the County Attorney's
Office to bid on behalf of the County at four code enforcement lien foreclosure sales scheduled
by the Clerk in BOARD OF COUNTY COMMISSIONERS v. JEAN CLAUDE MARTEL, Circuit Court
Case No. 10-nO-CA, in an amount not to exceed the value of the County's foreclosed lien
interest (approximately $409,000 for four parcels).
Meeting Date: 2/8/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/27/2011 10:26:20 AM
Approved By
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/27/201112:17:23 PM
Name: GreenwaldRandy
Title: ManagementlBudget Analyst,Office of Management & B
Date: 1/27/2011 I :46:46 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 2/2/2011 2:42:26 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 2/2/201 13:14:43 PM
Packet Page -713-
i,
l' /4-
Y)'
!
')
'~.'"
:;"
2/8/2011 Item 16.K.5.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
COLLIER COUNTY, FLORIDA,
A political Subdivision of the State of Florida,
Plaintiff,
v.
es~,,~,~..W1f-CA
JEAN CLAUDE MARTEL (a.k.a. CLAUDE
MARTEL), and any tenants/persons in
possession, and any unknown heirs, successors,
assigns, devisees, grantees, creditors, and other
unknown persons or unknown spouses claiming by,
through and under the above-named Defendant,
:'~."j:;. ::":': i~U--
-011 "-f"'{ ....... ,.....,/ -"j ", )-,-,...
I,,; ...0-:':::', i._I,..II..I',t', ;.J.;;", L,'
~~_",.PEc. L 7
Y:,,'~r ',.:": .': '~. "' ')
GL:::~'U< 7;J#Z"
r~'~.... ._,._.,.,~_~,. ,._._~,'_ _o.C
". ~
~~<t9
FINAL SUMMARY JUDGMENT FOR FORECLOSURE
Defendant.
/
THIS ACTION came before the Court on Dccember 10, 2010, on Plaintiffs MOTION FOR
SUMMARY JUDGMENT for foreclosure, and thc Court, having reviewed the plcadings, affidavits,
and other evidence of record, and having heard argument of counsel and being otherwise fully advised
in the premiscs, finds as follows:
A. Servicc of process has becn propcrly secured upon all Defendants and the Court has
jurisdiction over the parties and over the subject matter of this action.
B. Defendant, JEAN CLAUDE MARTEL, is the record owncr of the Subject Properties
(as further described in Paragraph E, below) in this lawsuit.
C. The County's interest in the code cnforcementlicns that arc the subject of this action is
paramount and superior to any right, title, intercst, claims, liens, encumbrances. and equities of the
Defendants, JEAN CLAUDE MARTEL (also known as CLAUDE MARTEL), and all persons
claiming any intcrest in the Subjcct Propcrtics (as further dcscribcd in Paragraph E. below) since the
filing of the Lis Pendens.
D. ^ certified copy of the Order Imposing Fine/Lien ("Orders'') rcndered by the Collicr
County Special Magistrate was propcrly recorded in thc Official Public Records of Collier County,
florida. at O.R, Rook 4236. Pages 962-963. and this constitutes a valid lien upon thc Subjcct Property.
Packet Page -714-
~)
(~
2/8/2011 Item 16.K.5.
E. Pursuant to * 162.09(3), Florida Statutes, the Order imposed an enforccable lien against
the following property (the "Subject Properties"), described as:
PROPERTY #1: Lot 37, Tarpon Mobile Homes, more particularly described as follows:
Beginning at the Northeast corner of Lot 100, Naples Groves and Truck Co.'s Little
Farm Number 2, according to the Plat in Plat Book 1, page 27, of the Public Records of
ColIier County, Florida; thence South 009'50" West 337.8 feet; thence North 89027'0"
West 480 feet to the Point of Beginning; thence North 009'10" East 139 feet thence South
89027'0" East 60 feet; thence South 009'0" West 139 feet; thence North 89027'0" West 60
feet to the Point of Beginning, Collier County, Florida
Also known as 3152 Karen Drive, Naples, Florida 34112 (Folio No. 61839680009);
PROPERTY #2:
The North 50 feet of the East 155 feet of the South Yi of Lot 138, Naples Grove and Truck
Company's Little Farms #2, as recorded in Plat Book 1, page 27, Public Records of
Collier County, Florida. (no known physical address, Folio No. 61843840000)
PROPERTY #3:
Lot #28 of Tarpon Mobile Homesites more particularly described as: Beginning at the
Nortbwest corner of Lot 100, Naples Grove and Truck CO.'s Little Farms No.2,
according to Plat Book 1, page 27, of the Public Records of Collier County, Florida:
Thence S 0009'00" W 337.9 ft. tbence S 89027'00" E 296.81 ft., to Point of Beginning.
Thence S 89027'00" E 60.0 ft., thence N 009'00" E 139.0 ft., tbence E 89026'40" W 60.0 ft.,
thence S 009'00" W 139.0 ft., to Point of Beginning.
Also known as 3000 Karen Drive, Naples, Florida 34112 (Folio No. 61839560006); and
PROPERTY #4:
Lot 18 Tarpon Mobile Homesites, more particularly described as follows: Beginning at
the Nortbeast corner of Lot 100 N.G. & T. Co. Little Farms No.2 Subdivision, according
to Plat Book I, page 27, Public Records of Collier County, Florida. Tbence North
89026'40" West 300 feet, to point of beginning, thence South 0009'00" West 139 feet,
tbence South 89026'40" East 60.0 feet, thence Nortb 009'00" East 139 feet, thence North
89026'40" West 60.0 feet, to tbe point of beginning.
Also known as 3205 Karen Drive, Naples, Florida 34112 (Folio No. 61840280003); and
G. There are no other licns recorded against the Subject Properties, which liens are
superior to code cnforcement liens.
H. Plaintiff, Collier County, has incurred eosts in the prosecution of this action in the
amount of $7,204.00 (representing contractor costs plus tiling fees). See the Affidavit of Diane Flagg
(Exhibit B to the Motion). In addition, Plaintiff will expend $280 in costs for foreclosure processing
($70 per sale, for four sales). These eosts, combined, equal $7,484.
2
Packet Page -715-
,)
c" 2/B/2ollltem 16.K.5.
K. Default was entered against Defcndant JEAN CLAUDE MARTEL on May 18,2010.
1. As to each Defcndant, there are no genuine issues of material fact, and Plaintiff, Collier
County, is entitled to a judgment in its favor as a matter oflaw; accordingly, it is
ORDERED AND ADJUDGED that Plaintitrs Motion for SunIDlary Judgment for foreclosure
against Defendant JEAN CLAUDE MARTEL, and any pcrson claiming an interest in the Subject
through him, is hereby GRANTED and a Final Summary Judgment for Foreclosure ("The Judgment")
is hereby entercd in accordanee with the following tCrms;
I. As of Deeember 10, 2010, there is due and owing from Defendant, JEAN CLAUDE
MARTEL, to the Plaintiff, the accrued sum of the code enforcement lien which equals $401,921.45,
for which let execution issue.
2. Plaintiff, Collier County, is entitled to the costs incurred in this action, pursuant to
~ 162.10, Florida Statutes, in the amount of $7,484.
3. Plaintiff has a code enforcement lien as a seeurity interest to secure the payment of the
af.:Jresaid SunlS against the Subject Properties. Plaintiff's liens are prior, paramount, and superior to all
nghts, claim, liens, interest, encumbrances, and equities of the Defendants and all persons or entities
claiming by, through, or under said Defendants or anyone of them.
4. Unless the Defendants shall, at any time prior to the sale of the properties described
herein, pay to Plaintiff the total sum of $409,405.45, with interest at the rate prescribed by law and the
aforesaid costs and fees, the Clerk of Court, after publication of notice as required by law, shall sell
each of the Subject Properties at four (4) separate public sales on (I) ff t'.RlJllr~ -'-0' I (,.,
2011,at 1\:t.l'\Ft~clock; (2)_~f,~liArtl6 ICe ,2011,at 1\'.N'"tR'clock;
(3) ltI".RW"~'U ,v, , 2011, at 1I'.t>b'l'" o'clock; and (4) :j.pA,e({A"1 /1.-, , 2011, at
I ~ o'clock to the high cst and best bidder(s) for eash, in the First Floor Lobby, Atrium area of the
Collier County Courthouse, Naples, Collier County, Florida, in accordance with ~ 45.031, Florida
Statutes. The Subject Properties shall be sold free and clear of all right, title, interest, claim, lien,
encumbrance, remainder reversion, homestead, dower, or equity of redemption whatsoever of the
D~fendants namcd herein, and all persons or entities claiming interest in said properties, as of the date
of filing of the Notice of Lis Pendens.
5. Plaintiff is hereby given leave to bid at all four sales and apply against any debt made
by it, the amount found to be due Plaintiff in this Judgment. Section 45.031 (2), Florida Statutes,
requires that the high bidder post with the Clerk a deposit equal to Five Percent (5%) of the final bid.
In the evcnt that a successful bidder fails to plaee the requisite deposit in accordanee with Florida
3
Packet Page .716-
Statutes with the Clerk,
!.'t (;D
W (,: ~u u..LUJ .~ rUS'a.l.l.
I bia is ..ai<i ana tal sale ~1.all ge (8 tho !H~Q9Rd Rig1:test hid~kl, nl~v shall
2/8/2011 Item 16.K.5.
eitf
,
alse ~nmply w;,h FI9riaa Stahlles ill relation te !he reEj\lireQ Qllfl6sit. However, if the PlaintifT is the
~"ccessful bidder, it is excluded from the deposit requirement.
6. Out of the proceeds arising from the sale of the property, the Clerk shall retain his fees
and shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of the
costs as determined herein; second, documentary stamps affixed to the Certificate of Sale; third, the
total sum due to PlaintifT as set forth in this final judgment, plus interest at the rate preseribed by law
from this date to the date of sale. If the Subject Properties shall sell, individually or collectively, for
more than enough to pay the above-mentioned sums with interest, the Clerk shall retain the surplus
and report to this Court for the Court to further order. The Clerk of the Court shall hold the surplus in
the registry of this Court. Thereafter, upon motion and notice of hearing to all parties, the Court will
adjudicate the rights hereto according to law and equity.
7. Upon the sales being held in accordance with Chapter 45 of the Florida Statutes, and
upon the Clerk filing Certifieates of Sale and Certifieates of Title, the sales shall stand confirmed and
title shall pass fully and eompletely to the purchasers named in the Certifieates of Title free and clear
"f any right, title, interest, estate, elaim, or equity of redemption of the Defendants or any person
claiming, by, through, or under them, or any person claiming any interest in the Subject Properties,
and the purchaser at the sale shall be let into possession of the property. Further, any and all persons
whosoever claiming against the Subject Properties, by virtue of any liens or other interest unrecorded
as of the date of the filing of Lis Pendens with the Clerk of this Court, shall be forever barred from
asserting any such liens or other interest any such liens or other interest shall be discharged forever, in
accordance with Florida Statutes.
8. This Court retains jurisdiction of this cause for purposes of making all other orders and
judgments as may be necessary and appropriate herein, including, but not limited to, writs of
assistance determining claims to any surplus and granting such other relief as may be appropriate.
Section 162.09(3), Florida Statutes (2010), does not provide for entry of a deficiency judgment in
favor of the Plaintiff in the event that the proceeds of the sale ofthe property are insuftieient to pay the
amounts due and owing Plaintiff pursuant to this Judgment. The Clerk is hereby authorized to issue a
\l, rit of Possession for the premises after filing of Certificate of Title upon request of Plaintiff and the
Sheriff is hereby authorized to serve the Writ of Possession.
4
Packet Page -717-
I
rt
". 2/8/2ollltern 16.K.5.
DONE AND ORDERED at Naples, Florida, this j 7 day of December, 20 I O.
Cf)nformed copies to:
~~\C) Mr. Claude Martel
\1>" . 3190 Karen Drive
\'1.- J Naples, Florida 34112
I
Jeff E. Wright
Assistant County Attorney
3299 Tamiami Trail, East
Harmon Turner Building, 8th Floor
Naples, Florida 34112
il: ,"i; J....; ~. .::~
1'/ '~/ /2 -'/
~.
..~y~::~
~ry i~!\ ~
. iJ /.f.! U
O.JbflJ
Bookkeeping
5
Packet Page -718-
"'.~~".;;";~_'~' ~~'~'_~'_~~_'_.~C".~