Agenda 09/14/2010 Item #16A16
Agenda Item No. 16A 16
September 14, 2010
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Orders in the Code
Enforcement Actions entitled Board of County Commissioners (BCC) vs. T & A
Docksid~, Inc., and Release of Civil Judgment in the action entitled BCC vs.
Charles Alderman, relating to property located at 2891 Bayview Drive, Collier
County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve the release of
two orders entered against T & A Dockside, Inc., and a Civil Judgment entered against
Charles Alderman, and waive the $1,660 balance due under the orders, in relation to
the Code Enforcement Board (CEB) actions entitled Board of County Commissioners
(BCC) VS. T & A Dockside, Inc., CEB Case No. 99-064, and BCC v. Charles Alderman,
Circuit Court Case No. 99-01905-MMA.
CONSIDERATIONS: On November 29, 1999, the CEB found T & A Dockside, Inc. in
violation of the Collier County Code of Laws and Ordinances for causing amplified
music to emanate from the property in excess of the sound level limits on several dates
in the summer and fall of 1999. A written order was recorded on January 7, 2000, at
O.R. Book 2629, Pages 0168-0170, of the Official Public Records.
Respondent was ordered to correct the violations by "ceasing and desisting from
causing amplified music to emanate" from the property in excess of applicable sound
level limits, and was fined $500. A subsequent order was recorded at O.R. Book 2704,
Pages 856-858, and was indexed in the public record as a "Lien".
Also, a Civil Judgment in the amount of $500 (plus annual interest at 12%) was entered
against Charles Alderman on July 26, 1999, and recorded on August 24, 1999, at O.R.
Book 2584, Page 2082, for similar noise violations at the property, in Circuit Court Case
No. 99-01905-MMA. The total amount due under this judgment is $1,160, representing
the judgment amount of $500 plus interest calculated through July 2010 ($660).
The property has been brought into compliance on these issues. Haldeman Creek
Enterprises, LLC, previously paid a total of $8,287; $1,787.85 in operational costs and
$6499.15 in fines to mitigate these fines and civil judgment.
This property was purchased by a new owner, Maddox & Partners LLC., in July 2010.
As part of the transaction, a code enforcement lien search was performed and the
parties to the transaction are requesting releases to the aforementioned civil judgment
and Code Enforcement Board fine.
FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $1,660 will
be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
Agenda Item No, 16A 16
September 14, 2010
Page 2 of 5
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
RECOMMENDATION: That the Board waive the fines and release the instruments
recorded at OR. Book 2629, Pages 0168-0170, O.R. Book 2704, Pages 0856-0858,
and at O.R. Book 2584, Page 2082, of the Official Public Records of Collier County, as
detailed herein, and by approval of this item, authorize the Chairman to sign the
attached releases.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement
Department, Growth Management Division, Planning and Regulation.
ATTACHMENTS: 1) Release and Satisfaction of Lien
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A 16
September 14, 2010
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A16
Recommendation to approve the Release and Satisfaction of Orders in the Code Enforcement
Actions entitled Board of County Commissioners (BCG) vs. T & A Dockside, Inc" and Release of
Civil Judgment in the action entitled BCC vs, Charles Alderman, relating to property located at
2891 Bayview Drive, Collier County, Florida,
9/14/20109:00:00 AM
Prepared By
Sharon Dantini
Community Development &
Environmental Services
Training Coordinator
Date
Code Enforcement
8/26/20104:16:19 PM
Approved By
Judy Pulg
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services
8/27/20109:09 AM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Date
Transportation Administration
8/30/20109:40 AM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Date
Code Enforcement
8/30/2010 10:03 AM
Approved By
Nick Casaiangulda
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
8/31/20109:43 AM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
8/31/2010 10:27 AM
OMB Coordinator
County Manager's Office
Date
Office of Management & Budget
9/1/2010 1 :24 PM
Approved By
Therese Stanley
Office of Management &
Budget
Manager - Operations Support - Trans
Date
Office of Management & Budget
9/1/20104:30 PM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
9/2/201010:50 AM
Agenda Item No, 16A 16
September 14, 2010
Page 4 of 5
This Instrument Prepared By:
Jeff E. Wright, Assistant County Attomey
Collier County Attorney's Office
3001 E. Tamiami Trail
Naples, Florida 34112
(239) 252-8400
RELEASE AND SATISFACTION OF CIVIL JUDGMENT
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain Civil Judgment against:
Charles Alderman, Defendant
The Civil Judgment was recorded on August 24, 1999, in Official Records Book 2584,
Page 2082. The judgment secures the principal sum of five hundred dollars and zero
cents, plus interest at the rate of 12% per year.
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Civil Judgment, acknowledges full satisfaction of the judgment and
hereby cancels and releases said judgment
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of
Civil Judgment in the Official Records of Collier County, Florida, to acknowledge that the
judgment and any lien created thereby ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida,
acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this day of
,2010.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Fred W. Coyle, Chairman
Approved as to form and legal sufficiency
~
Assistant County Attorney
Agenda Item No, 16A 16
September 14, 2010
Page 5 of 5
This Instrument Prepared By:
Jeff E. Wright, Assistant County Attorney
Collier County Attomey's Office
3001 E. Tamiami Trail
Naples, Florida 34112
(239) 252-8400
RELEASE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of certain
code enforcement orders entered against:
T & A Dockside, Inc., Respondent
The order was first recorded on January 7, 2000, in Official Records Book 2629, Pages
0168, et seq., and was re-recorded on January 28, 2000, in Official Records Book 2704,
Pages 0856, et seq. These orders secure the principal sum of five hundred dollars and
zero cents against the Respondent. .
Collier County, a political subdivision of the State of Florida, by execution of this Release,
acknowledges full satisfaction of the orders and hereby cancels and releases said orders.
The Clerk of the Circuit Court is hereby directed to record this Release in the Official
Records of Collier County, Florida, to acknowledge that the orders and any lien created
thereby ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida,
acting through its Chairman directs execution and recording of this Release, by action of
the Board on this day of , 2010.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Fred W. Coyle, Chairman
Approved as to form and legal sufficiency