Agenda 03/11/2008 Item #10G
Agenda Item No, 10G
March 11, 2008
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation that the Board of Connty Commissioners (BCC) consider input provided by
the Code Enforcement Board during their February 12, 2008 meeting, in response to the BCC's
request for guidance concerning a fair settlement amount relating to the release of the code
enforcement lien imposed against Robert Lockhart, in Case No. 2004-26, relating to property
located 1361 Lake Shore Drive in Collier County, Florida and provide direction related to the
collection of impact fees for the subject property
OBJECTIVE: That the Board of County Commissioners consider an appropriate settlement agreement
with Robert Lockhart which provides for a compromise and settlement of the code enforcement lien
amounts, in the Code Enforcement Board action entitled Collier County v. Robert Lockhart, CEB Case No.
2004-26, and provide direction relatcd to the collection of impact fees for the subject property,
CONSIDERATIONS: The original case was heard by the Code Enforcement Board (CEB) on June 29,
2004 with a finding of violation for the construction of multiple additions to his residence without fIrst
obtaining the necessary permits, An outline of the actions taken towards compliance is provided in the
attached executive summary (Exhibit I) that was presented to the Board of County Commissioners at the
December 11, 2007 meeting, The BCC did not accept the settlement proposed in the attached executive
summary,
During Commissioners' comments at the February 12, 2008 mecting, tile Board directed staff to request a
recommendation from the CEB on a just settlement for this case, The item was considered by the CEB at
their February 28, 2008 meeting and after much deliberation, no fmal recommendation was reached, A
motion to recommend a reduction to 25% of the outstanding fmes failed 3 - 3, The Board members were
polled and the three dissenting votes recommended thc following reductions: two members recommended
a 50% reduction, and the otller recommended that tile fine stay as is, with no reduction at all,
Additionally, impact fees are owed on the subject property in the amount of $3,970.54 for the increase in
square footage to the home, Impact fees were paid on Building Permit #2007100081 for a family room
addition, however the calculation was bascd on 1,990 square feet of living area and the original building
permit for the home (#72-1840) reflected 1,482 square feet. There is no record ofa building permit or
payment of impact fees for the 508 square foot difference in living area, Therefore the calculation of
impact fees for the 2007 permit should have been based on the original 1,482 square feet, for a total of
$3,970.54. A Notice of Impact Fee Statement (attached) was sent to Mr, Lockhart on Janumy 16,2008.
On February 25, 2008 staff received correspondence from Mr. Lockhart (attached) asserting that the square
footage reflected on the 1972 permit was incorrect based on a review of the field notes from the original
construction survey and that the actual living square footage totaled 1,505 square feet. If the impact fees
were calculated using tile information provided by Mr. Lockhart, no additional impact fces would be due,
above those already paid for Building Permit #20071 00081,
Staff is seeking direction from the Board related to the acceptance of the infomlation provided by Mr.
Lockhart related to the living square footage of the home and therefore the amount of impact fees due for
the subject property.
GROWTH MANAGEMENT IMP ACT: Impact fees provide financial resources for the
construction and/or expansion of the County's capital infrastructure, as necessary to accommodate
growth. Development is required to contribute its fair share of the cost of providing public facilities
necessitated by growth.
Agenda Item No, 10G
March 11, 2008
Page 2 of 10
FISCAL IMPACT: The Respondent has paid $1,209,75 for the operational cost incurred for the
prosecution of the case but no portion of the outstanding $59,150 in fines has been paid. A 25% reduction
would equate to $14,787.50 which would be deposited into the "Code Enforcement Board Fines" Revenue
Account MSTD General Fund III with $44,362.50 of the fines forgiven, A 50% reduction would equate
to $29,575.00 deposited in the "Code Enforcement Board Fines" Revenue Account MSTD General Fund
II 1 and another $29,575.00 forgiven,
The following is a breakdown of the impact fees due for the subject property, based on the increase in
living square footage for a home less than 1,500 square feet to a home b'Teater than 1,500 square feet:
Impact Fee Assessment for Home Assessment for Home Impact Fees Due
1,500-2,499 square feet < 1,500 square feet
(Credit)
Road $8,884.00 $6,359.00 $2,525,00
School $9,206,00 $8,228.00 $978,00
EMS $112,04 $ 1 00.59 $11.45
Government Buildings $807,00 $725,00 $82,00
Law Enforcement $317,55 $285.48 $32,07
Cornmunity Parks $ 1 ,027.00 $935,00 $92,00
Regional Parks $2,272,00 $2,068.00 $204,00
Library $506.25 $460,23 $46.02
Total $23,131.84 $l9,l61.30 $3,970,54
Upon payment, the subject impact fees will be deposited into the respective Impact Fee Trust Funds for
future expenditure on gro\Vth related capital improvements,
LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no
outstanding legal considerations.
RECOMMENDATION: That the Board of County Conunissioners determincs an appropriate
settlement agreement and authorize the Chairman to sign the attached Release and Satisfaction of Lien
after payment made by Mr. Lockhart within 30 days of BCC approval and provide direction related to
the collection of impact fees for the subject property,
PREPARED BY: Michelle Edwards Arnold
Code Enforcement Director
2
Item Number:
Item Summary:
Meeting Date:
Page I of2
Agenda Item No. 10G
March 11, 2008
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10G
Recommendation that the Board of County Commissioners (BCC) consider input provided by
the' Code Enforcement Board during their February 12. 2008 meeting, in response to the
BCC's request for guidance concerning a faIr settlement amount relating to the release of the
code enforcement lien imposed against Robert Lockhart, in Case No. 2004M26, relating to
property located 1361 Lake Shore Drive in Collier County, Florida, (Michelle Arnold, Director,
Code Enforcement. COES)
3/11/20089:00:00 AM
Prepared By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
2/28/20084:04:12 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
2/29/200812:08 PM
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
2/29/200812:09 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney Office
2129/20081:41 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin,
3/3/20082:02 PM
Approved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Approved By
Information Technology
3/3120082:39 PM
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3/4/20088:14 AM
Approved By
James V. Mudd
County Manager
Date
file://C:\AgendaTest\Export\ I 02-March%20 11,%202008\ 10, %20COUNTY%20MANAGER... 3/5/2008
Page 2 of2
Agenda Item No, 10G
March 11, 2008
Page 4 of 10
Board of County
Commissioners
County Manager's Office
3/4/2008 4:33 PM
file://C:\AgendaT est\Export\ I 02-March%20 11,%202008\ 10. %20COUNTY%20MANAGER... 3/5/2008
Agenda Item No, 10G
March 11, 2008
Page 5 of 10
Exhibit I
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners accepts payment in the amount
of $2,907.50 in exchange for a Release and Satisfaction of Lien in the Code Enforcement
action entitled Collier County v. Robert T. Lockhart, Case No. CEB 2004-026.
OBJECTIVE: That the Board of County Commissioners (BCC) accepts payment in the amount
of $2,907.50 as a compromise and a full settlement and release of the Code Enforcement lien
accrued in the Code Enforcement action entitled Collier County v, Robert T. Lockhart, Case No.
CEB 2004-026.
CONSIDERATIONS: On June 29, 2004, the Code Enforcement Board (CEB) issued its
Findings of Fact, Conclusions of Law and Order of the Board finding Respondent, Robert T,
Lockhart, to have violated portions of Collier County Ordinance 91-102 by constructing multiple
additions to his residence at 1361 Lake Shore Drive without first obtaining the necessary
permits, This finding was based on a stipulation in which Mr. Lockhart admitted the violations
and agreed to obtain appropriate permits and certificates of occupancy for the unpermitted
structures within 45 days or pay $50 per day for each day the violation continued after that
period,
On August 30, 2004, following the Code Enforcement Department's submittal of an Affidavit of
Non-Compliance, the CEB issued its Order Imposing Fines/Costs/Lien, hereinafter "Order,"
imposing a fine of $50,00 per day, commencing August 10,2004, plus $1,209.75 in operational
costs, The CEB further ordered that the fines and operational costs continue to accrue until the
Respondent brought the property into compliance, This fall, the Respondent engaged in
communications with the County Attorney Office, Code Enforcement Department and the
Building Department and the Respondent eventually obtained the required permit and Certificate
of Occupancy, and paid the operational costs of $1,209,75, The property was brought into
compliance as of November 6, 2007; however, the lien remained outstanding. Based on the
accrued code enforcement fines of $50 per day from August lO, 2004 through November 5, 2007
(1183 days), the current lien amount is $59,150,00,
The Respondent appeared before the BCC on November 27, 2007, under Agenda Item 6E, and
conveyed an offer to settle the outstanding lien for $10 plus 59 hours of service to the County as
a professional engineer. Although the BCC considered the proposal, they ultimately directed the
County Attorney Office to work with the Respondent on a negotiated settlement. Some
Commissioners indicated a willingness to consider a reasonable settlement offer in the range of
5% to 25% (opinions varied within this range) of the lien value. Following the meeting, Mr.
Lockhart offered to pay $2,907.50 in exchange for a Release and Satisfaction of Lien, which is
equivalent to 5% of the lien value, Mr. Lockhart delivered a cashier's check to the County
Attorneys Office in this sum, which is being held by the undersigned in escrow pending the
BCC's decision on whether to accept the offer,
It should be noted that Mr. Lockhart's violations were not public safety or health related, and if
Mr, Lockhart's 5% settlement offer is accepted for payment, Mr, Lockhart would have paid a
total of $4,172.25 for this code transgression, It should also be noted, however, that Mr.
I
Agenda Item No, 10G
March 11, 2008
Page 6 of 10
Lockhart, as a professional engineer and former member of the Collier County Code
Enforcement Board, should have been fully aware of the repercussions of his delay in curing the
vio lations, This item has been brought forward by the County Attorney Office for consideration
by the BCC; such item is within the parameters of the BCC's direction,
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: The County would realize the sum of $2,907.50 for release of this lien.
LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and there
are no outstanding legal considerations
RECOMMENDATION: That the Board of County Commissioners accepts payment in the
amount of $2,907.50 in exchange for the release and satisfaction of the lien recorded at O.R.
Book 3637, Pages 3682-3689, of the Official Public Records ofCollief County, in felation to the
Code Enforcement action entitled Collier County v, Robert T. Lockhart, Case No. CEB 2004-
026.
PREPARED BY: .Jeffrey A, Klatzkow, Chief Assistant County Attorney
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da Item NO.1 OG
March 11. 2008
Page 7 of 10
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Agenda Item No. 10G
March 11, 2008
Page 8 of 10
COLLIER COUNTY
BUSINESS MANAGEMENT AND BUDGET OFFICE
IMPACT FEE SECTION
2800 N. Horseshoe Drive. Naples, Florida 34104 . (239) 403,2369 . Fax (239) 403,2405
NOTICE OF IMPACT FEE STATEMENT
CERTIFIED MAIL #7007 2560 00011485 3182
RETURN RECEIPT REQUESTED
January 16,2008
Mr. Robert K. Lockhart
13 61 Lake Shore Drive
Naples, FL 34103-8939
Dear M.r. Lockhart
Impact fees were assessed and paid October 17, 2007 on building pennit #2007100081 for a family room
addition at 1361 Lake Shore Drive, The calculation was based on 1,990 square footage of existing legally
pennitted living area; however, the original building pennit for the home, pennit #72-1840, was issued
for only 1,482 square feet. We have no record of impact fees being paid or a building pennit being issued
for 508 square feet difference in living area. The calculation, therefore, should have been based on 1,482
square feet, and the amount due for a home changing from less than 1500 square feet to 1500-2499 square
feet living area is as follows:
. Impact Fees Impact Fees
IMPACT FEE 1,500-2,499 <1,500 Impact Fees
Sa. Ft. Home Sa. Ft. Home Due
ROAD $8,884.00 $6,359.00 $2,525,00
SCHOOL $9,206.00 $8,228.00 $978.00
EMS $112.04 $100,59 $11.45
GOVERNMENT BUILOINGS $807.001 $725, DO $82, DO
LAW ENFORCEMENT $31755 $285.48 $32,07
COMMUNITY PARKS $1,027.00 $935,00 $92,00
REGIONAL PARKS $2,272.00 $2,068,00 $204,00
LIBRARIES $506.25 $460,23 $46.02
TOTAL $23,131.84 $19,161,30 $3,970.54
The total impact fees due at this time are $3,970.54. We respectfully request that payment of the sums
due, as outlined above, be made promptly to Collier County, Payment should be made to Board of
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Agenda Item No, 10G
March 11, 2008
Page 9 of 10
County Commissioners and mailed or delivered to:
Community Development and Environmental Services Division
Attn: Impact Fee Administration
2800 North Horseshoe Drive
Naples, Florida 34104
Please contact me at 252-2924 should you have any questions,
~';Z~
Paula Fleishman
Impact Fee Coordinator
LocKHART ENGINEER lNG, INC.
Agenda Item No.
March 11, 2008
ROBERTR.~P.E.
Pralclc:n,
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CIVIL I1Iil SITE PLANNING III ZONING
February 25; 2008
Collier County Government
Building Review and Permitting Department
Impact Fee Section
2800 Horseshoe Drive
Naples, Fl. 34104
Subject: Permit # RES2007-100081
Owner: LOCKHART RESIDENCE ADDITIONS
1361 Lake Shore Drive
Contractor: OWNER/BUILDER
In response to your letter of January 16, 2008 regarding the
abo~e refere~ced Permit, please be advised of the following to help
aSslst YO'l' ----~-'~ ---,------.'-~--~----'--
1. based on the actual field notes from the firm that performed the
original construction survey back when the house was built in
1973, the area of the original house was a total of 2,019 square
feet including the garage; the garage measures 514 square feet and
the net area under air originally was therefore 1,505 square feet.
2. based on the current survey dated 2001 which now reflects a total
building envelope area of 2,539 square feet and deducting the same
514 sguare feet for the garage, the resulting additional area of :
build~ng construction is 520 square feet.
3. based on the factual data from surveys, there is no change in
impact fee categories as the original building was always greater
than 1,500 square feet.
Upon receipt and review, please call at 239-262-5986 should there
be further questions or comments.
Sincerely,
Lockhart Engineering Inc.,
eck~.
Robert K.. Lockhart, P.E, / Fla. P.E. #34300
1361 Lakeshore Drive · Naples, Florida 34103
Phone{Fax: (239) 262-5986