Agenda 01/23/2018 Item #12A01/23/2018
EXECUTIVE SUMMARY
For the Board of County Commissioners to conduct a Shade Session at 1:00 p.m. time certain to
discuss the potential settlement of, and litigation expenditures in, the case of Par One Homeowners
Association, Inc. v. Robert Vocisano, et. al., Case No. 16-CA-0710, now pending in the Circuit Court
of the Twentieth Judicial Circuit in and for Collier County, Florida.
____________________________________________________________________________________
OBJECTIVE: To hold a Shade Session where the County Attorney and the County Manager can
privately discuss with the Board potential settlement of, and expected litigation expenditures in, the case
of Par One Homeowners Association, Inc. v. Robert Vocisano, et. al., Case No. 16-CA-0710, now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
CONSIDERATIONS: On December 21, 2017, the County received a proposed Settlement Agreement
from the Vocisanos, which initiated this request, and which is included as part of the back-up to this item.
This matter involves the Vocisanos’, the owners of the Golden Gate Golf Course (which is located at the
intersection of Golden Gate Parkway and Collier Blvd.), desire to convert their golf course to a residential
community. The golf course appears as follows:
The litigation was originally commenced by the Par One Homeowners Association, who represent the
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residential community which is entirely surrounded by the golf course. The litigation sought to stop the
rezone based on a restrictive covenant set forth in a Warranty Deed dated September 30, 1974, and
reiterated in a Quit Claim Deed dated April 12, 1983. The restrictive covenant states as follows:
AND FURTHER SUBJECT TO the following restrictive covenant which shall run with
the land:
The existing recreational facilities, i.e. the golf course, the tennis courts, the golf
clubhouse, and the swimming pool, shall continue to be used as recreational facilities for
the reasonable use by the residents of all of Golden Gate platted subdivisions, North
Golden Gate and Golden Gates Estates, and by the public generally, PROVIDED,
however that the Grantee and its heirs and assigns shall have the right to adopt reasonable
rules, regulations and fees for such use.
Briefly stated, the relevant chronology is as follows:
March 25, 2015. The County met with the owners’ representatives at a pre-application meeting
to discuss the contemplated rezone.
December 17, 2015. The rezone application was filed.
January 27, 2016. Staff sends an insufficiency letter to the applicant setting forth the
application’s deficiencies. Under LDC Section 10.02.13.J, the applicant had 6 months to respond to the
insufficiency letter, failing which the application would be considered closed.
April 12, 2016. The Board directs staff to begin preparing a golf course conversion amendment
and approves a 6 month moratorium on golf club conversions.
May 4, 2016. Par One Homeowners Association, Inc., filed a complaint against Robert Vocisano
and Mario Vocisano (property owners) and Collier County in the Circuit Court in Collier County (Case
No.: 16-0710-CA). Par One asked the Court to find that the restrictive covenants are enforceable and that
as a result the Vocisanos should not be allowed to convert the existing golf course to a residential
community.
May 10, 2016. The Board directs the County Manager to cease processing the PUD amendment
for the Golden Gate Golf and Country Club. It is the County Attorney’s opinion that this action tolled the
applicants’ requirement to respond to the Letter of Insufficiency, which was due no later than June 27,
2016. The Board also directed the County Attorney to take any action necessary to enforce the restrictive
covenant set forth in the property’s 1974 Warranty Deed.
May 11, 2016. The County files a Notice of Appearance in the litigation, and on May 26 th files
its Answer to the complaint.
September 27, 2016. The Board extends the moratorium to April 11, 2017.
March 28, 2017. The Board adopts new LDC and Administrative Code provisions regarding golf
course conversions.
The new LDC and Administrative Code requirements were intended to supplement existing LDC
regulations. The provisions include:
1. Requiring outreach programs with property owners within 1,00 feet of the golf course,
designed to encourage consensus building.
2. Requiring the developer to provide a statement setting forth three alternatives, which are (1)
whether the existing property owners can purchase the golf course; (2) whether the County
wishes to acquire the golf course through gift or purchase; (3) a conceptual plan for the
redevelopment.
3. Review by the Planning Commission to review the conceptual plan for compatibility with the
existing surrounding uses.
4. A required greenway contiguous to the adjacent residential use at an average width of 100
feet and no less than 75 feet at any one location.
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5. Enhanced soil and groundwater sampling.
The Vocisanos filed a Motion for Summary Judgment asking the Court to find that the restrictive
covenants were void and unenforceable based on the Florida Marketable Record Title Act (MRTA) which
generally provides that the restrictive covenant may be extinguished after 30 years absent a specific
statutory exemption that may apply. On December 18, 2017, the Court granted the Vocisano’s Motion
for Summary Judgment, and as a result the restrictive covenants are no longer enforceable, which allows
the property owners to move forward with their rezoning application.
There is one issue remaining between the Vocisanos and Collier County. The Vocisanos have
asked the Court to find that the County’s Golf Course Conversion guidelines, adopted after the Vocisanos
filed their PUD rezone application dated December 16, 2015, do not apply to their PUD rezone
application. The Vocisanos took the deposition of Collier County’s Division Director of Planning &
Zoning, Mike Bosi, and Mr. Bosi testified that in his opinion the guidelines adopted on March 28, 2017
do not apply to Vocisanos, as their application predated the Board’s action.
At the Parties’ request, the Court granted a three-month extension of the deadlines in this case on
January 4, 2018. Counsel for the Vocisanos has indicated that he will file a Motion for Summary
Judgment on this remaining issue. The County Attorney replied that he intends to oppose the Motion for
Summary Judgment, and shortly thereafter on December 21, 2017, the County received a proposed
Settlement Agreement, which initiated this request to hold a Shade Session. In the Settlement Agreement
the Vocisanos would agree to conduct two Neighborhood Information Meetings (in the same manner as
any other rezone), would provide a 50 foot buffer along the perimeter of the PUD, and the County would
agree that the Vocisanos would not need to comply with the new LDC and Administrative Code
provisions regarding golf course conversions. The County Attorney has not responded to this proposal,
and is seeking Board direction before doing so.
Shade Session Procedure
This Executive Summary requests that the Board engage in a “Shade Session” to discuss the
proposed Settlement Agreement as well as expected litigation expenses. The conduct of a Shade Session,
which is a closed meeting between the Board and its counsel and chief administrator, conducted outside
of the Sunshine, is set forth in Florida Statutes Sec. 286.011(8), which provides:
“Notwithstanding the provisions of subsection (1), any board or commission of any state
agency or authority or any agency or authority of any county, municipal corporation, or
political subdivision, and the chief administrative or executive officer of the
governmental entity, may meet in private with the entity’s attorney to discuss pending
litigation to which the entity is presently a party before a court or administrative agency,
provided that the following conditions are met:
(a) The entity’s attorney shall advise the entity at a public meeting that he or she desires
advice concerning the litigation.
(b) The subject matter of the meeting shall be confined to settlement negotiations or strategy
sessions related to litigation expenditures.
(c) The entire session shall be recorded by a certified court reporter. The reporter shall record
the times of commencement and termination of the session, all discussion and
proceedings, the names of all persons present at any time, and the names of all persons
speaking. No portion of the session shall be off the record. The court reporter’s notes
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shall be fully transcribed and filed with the entity’s clerk within a reasonable t ime after
the meeting.
(d) The entity shall give reasonable public notice of the time and date of the attorney-client
session and the names of persons who will be attending the session. The session shall
commence at an open meeting at which the persons chairing the meeting shall announce
the commencement and estimated length of the attorney-client session and the names of
the persons attending. At the conclusion of the attorney-client session, the meeting shall
be reopened, and the person chairing the meeting shall announce the termination of the
session.
(e) The transcript shall be made part of the public record upon conclusion of the litigation.”
FISCAL IMPACT: None at this time.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: For the Board of County Commissioners to hold a Shade Session at 1:00 p.m.
time certain to discuss settlement negotiations and litigation expenditures in the case of Par One
Homeowners Association, Inc. v. Robert Vocisano, et. al., Case No. 16-CA-0710, now pending in the
Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Proposed Settlement Agreement (PDF)
2. Notice of Closed-Attorney Client Session (PDF)
3. The LDC and Administrative Code Provisions on Golf Course Conversions (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 12.A
Doc ID: 4603
Item Summary: For the Board of County Commissioners to conduct a Shade Session at 1:00 p.m.
time certain to discuss the potential settlement of, and litigation expenditures in, the case of Par One
Homeowners Association, Inc. v. Robert Vocisano, et. al., Case No. 16-CA-0710, now pending in the
Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
Meeting Date: 01/23/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
01/17/2018 10:56 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/17/2018 10:56 AM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/17/2018 11:00 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/17/2018 11:08 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/17/2018 11:12 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/17/2018 11:20 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM
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Packet Pg. 151 Attachment: Proposed Settlement Agreement (4603 : Shade Session - Par One)
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Packet Pg. 152 Attachment: Proposed Settlement Agreement (4603 : Shade Session - Par One)
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Packet Pg. 153 Attachment: Proposed Settlement Agreement (4603 : Shade Session - Par One)
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Packet Pg. 154 Attachment: Proposed Settlement Agreement (4603 : Shade Session - Par One)
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Packet Pg. 155 Attachment: Proposed Settlement Agreement (4603 : Shade Session - Par One)
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Packet Pg. 156 Attachment: Proposed Settlement Agreement (4603 : Shade Session - Par One)
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Packet Pg. 157 Attachment: Notice of Closed-Attorney Client Session (4603 : Shade Session - Par One)
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Packet Pg. 158 Attachment: The LDC and Administrative Code Provisions on Golf Course Conversions (4603 : Shade Session - Par One)
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Packet Pg. 159 Attachment: The LDC and Administrative Code Provisions on Golf Course Conversions (4603 : Shade Session - Par One)
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Packet Pg. 171 Attachment: The LDC and Administrative Code Provisions on Golf Course Conversions (4603 : Shade Session - Par One)
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Packet Pg. 172 Attachment: The LDC and Administrative Code Provisions on Golf Course Conversions (4603 : Shade Session - Par One)
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Packet Pg. 173 Attachment: The LDC and Administrative Code Provisions on Golf Course Conversions (4603 : Shade Session - Par One)
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Packet Pg. 174 Attachment: The LDC and Administrative Code Provisions on Golf Course Conversions (4603 : Shade Session - Par One)
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Packet Pg. 175 Attachment: The LDC and Administrative Code Provisions on Golf Course Conversions (4603 : Shade Session - Par One)
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Packet Pg. 176 Attachment: The LDC and Administrative Code Provisions on Golf Course Conversions (4603 : Shade Session - Par One)