Agenda 12/13/2011 Item #16A16Proposed Agenda Changes
Board of County Commissioners Meeting
December 13, 2011
MOVE ITEM #16A16 TO ITEM #100: RECOMMENDATION TO
APPROVE A RELEASE OF LIEN IN CODE ENFORCEMENT ACTION
ENTITLED BOARD OF COUNTY COMMISSIONERS VS. JACK AND EMMA
MAE BARBS, CODE ENFORCEMENT BOARD CASE NO. 2002-008p
RELATING TO PROPERTY AT 2990 SUNSET BOULEVARD, COLLIER
COUNTY, FLORIDA. (COMMISSIONER HILLER'S REQUEST)
Continue Item 9 to the Ian uary lO.2012B CMeetinz This item continued from the November 8, 2011 BCC
Meeting. Recommendation to approve a Resolution acknowledging the Board of County Commissioners
support of Senate Bill 192 pertaining to amending the procedures for merger and dissolution of two or more
independent special districts. (Commissioner Henning's request)
Move Item 16A4 to item 10P• 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 for recording the final plat of Arthrex Commerce Park, approval of the standard
form Construction and Maintenance Agreement and approval' of the amount of the performance security.
(Commissioner Hiller's request)
Move Item 16A.19 to Item 10L: 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 for the Board of County Commissioners (Board) to accept a process to review past Staff
Clarifications and Official Interpretations of the Land Development and Building Codes and to accept specific
Staff Clarifications and Official Interpretations attached to this Executive Summary. (Official Interpretations
are quasi- judicial.) (Commissioner Henning's request)
Move Item 16A21 to Item ION: to approve the issuance of a building permit prior to the
approval of a Planned Unit Development Rezone and Site Development Plan Amendment, for a twenty five
thousand square -foot classroom and office addition to the existing Community School of Naples, not to exceed
the same existing upper school building height of thirty two feet. (Commissioner Hiller's request)
Move Item 16A24 to Item 10M• Recommendation to direct the County Manager, or his designee, to suspend
the collection of Affordable Housing Contributions, pending the Board's decision on a Land Development Code
Amendment to remove Affordable Housing Contribution commitments. (Commissioner Hiller's request)
Continue Item 16A26 to the January 24 2012 BCC Meeting: Recommendation to approve the third
amendment to the cooperative agreement with the South Florida Water Management District, Agreement
No. C- 11759, regarding operation and maintenance of designated primary watercourses in Collier County,
modifying the agreement terms and extending the term until September 30, 2024. (Sta)rs request to address
concerns with property owners along affected canals that are subjects of the agreement.)
Move IteM 16132 to item 1313 Recommendation to approve a Resolution certifying the statutory dedication
and acceptance of portions of South First Street through South Ninth Street, South Sixth Court, Boston,
Colorado, Delaware and West Eustis Avenues, all located in Immokalee, Florida, also being a part of Section4,
Township 47 South, Range 29 East, of the Public Records of Collier County, Florida, by virtue of the County's
continuous and uninterrupted maintenance of the roadway in excess of seven years and authorize the filing of
a Right -of -Way map being more specifically shown in Exhibit "A" (Fiscal Impact: $53.50). (Commissioner
Hiller's request)
Delete Item 16C13: Recommendation to approve an Agreement with Adam J. Piskadlo and Barbara K.
Piskadlo for the purchase of property for the relocation of sub - master pumping station 300.06 at a cost not to
exceed $78,000, Project Number 70046. (Staffs request due to reconsideration of sale by property owner)
Cont'llUe Indefinitely Item 16D12• Recommendation to approve and authorize the Chairman to sign the
"Certification for Implementation of Regulatory Reform Activities Required by S.H.I.P" and reports for fiscal
years 2006/07, 2007 /08, and 2008/09 and authorize submission to Florida Housing Finance Corporation to
ensure compliance with program requirements. (Staffs request. Allow additional time to collaborate with the
Florida Housing Coalition (FHC), the County's SHIP technical advisor, on report contents.)
,Move Items 16G2 to Item 13A3: Recommendation to approve and ratify Staffs authorization unauthorized
approval of Change Order #1 for a time extension to Q. Grady Minor and Associates, PA (Work Order
#4500116917 ) and make a finding of quantum me sir in order to process invoices for Phase 2 permitting
work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language revised at
County Attorney's request)
Move Item 16G3 to Item 13A4: Recommendation to approve and ratify Staffs al"OFiZzatIOR unauthorized
aunroyal of Change Order #2 to Passarella and Associates, Inc. (Work Order #4500116918) for a time
extension and make a finding of quantum meruit in order to process invoices for Phase II environmental
permitting work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language
revised at County Attorney's request)
Move Item 17A to Item 8C: Recommendation to approve a resolution allowing the Collier County Water -
Sewer District to expand the water and wastewater service district boundaries to include portions of the
development known as Hacienda lakes, and surrounding areas, that are currently outside the existing
boundaries. (Commissioner Hiller's request)
Note:
Items 13A3 and 13A4: Requested to be heard prior to Item 13A1. (Commissioner Hiller's request)
Item 16A6 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. (County Attorney's request)
Time Certain Items:
Item 9M to be heard at 5:00 p.m.
Item 9l to be heard at 5:15 p.m.
Item 10B to be heard at 10:45 a.m.
Item 10H to be heard at 1:00 p.m., followed by Items 101,10I and 8A
Item 11A to be heard at 4:30 p.m.
Item 12A to be heard at 4:00 p.m.
12/13/2011 Item 16.A.16.
_" ors
Recommendation to approve ft release of lien in the Code Enforcement Action entitled
Board of County Commissioners vs. Jack and Emma Mae Barra, Code Enforcement
Board Case No. 2002-008, relating to property located at 2990 Sunset Boulevard, Collier
County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve the release of a code
enforcement lien for payment of $40,901.66; representing post-acquisition penalties, in relation
to the Code Enforcement Board action entitled Board of County Commissioners vs. Jack &
Emma Mae Bans (Respondents), CEB Case No. 2002-006.
CONSIDERATIONS: On May 1, 2002, the Code Enforcement Board, found respondents in
violation of the Collier County Code of Laws and Ordinances relating to property located at 2990
Sunset Blvd. for titter, weeds, exotics and - hazardous materials. A written order was recorded
on May 21, 2002 at O.R. Book 3040, Page 2158.
Based on the above order, the Code Enforcement Board entered a lien order, which was
recorded on August 15, 2002, at O.R. Book 3099, Page 3483, of the Official Public Records of
Collier County. The lien encumbers all real and personal property owned by Jack & Emma Mae
Barrs, including 2990 Sunset Blvd.
Bank of America, N.A. took possession of the subject property with a Certificate of Title
recorded on July 31, 2009 due to foreclosure. There are currently no code violations on this
property. Of the total accrued lien amount of $186,401.68, Bank of America is requesting a
waiver of $145,950, since the violation occurred prior to their ownership of the property. Under
Section 4.1(D) of Resolution No. 2010 -101, pre - acquisition fines can be considered for a
recommended waiver. Bank of America has submitted payment in the amount of $40,901.66
which includes operational costs of $951.66, County abatement costs of $39,500, and
administrative costs of $450.00 as a good faith settlement payment. In exchange for this
payment, they are requesting a waiver of $145,950 in accrued fines and release of the lien.
FIS, CAL�iitIPPACT: This proposed settlement recoups all County hard costs. if approved by the
Board, accrued fines in the amount of $145,950 will be waived, which accrued prior to Bank of
America taking titre to the property.
GR0WrHJMHMIWENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a.
majority vote for approval. -JW
RE%M A O�N: That the Board waives the fines in the amount of $145,950 and release
the Lien based on the settlement amount of $40,901.66, as described herein, and by approval
of this item, authorizes the Chairman to sign the attached release of lien.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department,
Growth Management Division, Planning and Regulation.
n ATTACMIIIENT: Release of lien
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16.
12/13/2011 Item 16.A.16.
Item Summary: Recommendation to approve the release of lien in the Code Enforcement
Action entitled Board of County Commissioners vs. Jack & Emma Mae Barrs, Code Enforcement
Board Case No. 2002 -008, relating to property located at 2990 Sunset Blvd., Collier County,
Florida.
Meeting Date: 12/13/2011
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
11/15/20112:27:48 PM
Submitted by
Title: Manager - Code Enforcement Operations,Code Enforce
Name: SerranoMarlene
11/15/20112:27:50 PM
Approved By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
Date: 11/21/2011 11:41:36 AM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 11/21/2011 12:57:19 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 11/21/2011 1:39:13 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 11/21/20113:04:20 PM
Packet Page -1238-
12/13/2011 Item 16.A.16.
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 11/21/20114:16:41 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/23/20112:12:51 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/23/20112:43:37 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/23/20113:29:17 PM
Packet Page -1239-
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That
COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s
certain lien against all real and personal property owned by
12/13/2011 Item 16.A.16.
the BOARD OF COUNTY
the owner and holder of a
Jack & Emma Mae Bans, Owners
The lien was recorded on August 29, 2002 in O.R. Book 3099, Page 3483, of the
Official Public Records of Collier County, Florida. The lien secures the principal sum of
One Hundred Eighty Five Thousand, Four Hundred and Fifty dollars, plus operational
costs of Nine Hundred and Fifty One Dollars and Sixty Six Cents.
Collier County, a political subdivision of the State of Florida, by execution of this Release
of Lien, acknowledges receipt of payment and hereby cancels and releases the lien.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release of
Lien, by action of the Board on this day of , 2011.
ATTEST
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legal sufficiency
Jeff. E. Wright
Assikant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
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