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Agenda 02/24/2015 Item #16A14 Proposed Agenda Changes Board of County Commissioners Meeting February 24,2015 Continue Item 5C to the March 10,2015 BCC Meeting: Recognition of Ron Jamro,Director of the Collier County Museum, for being selected as the winner of the 2014"Star in the Arts" award bestowed by the United Arts Council of Collier County. (Staff's request) Withdraw Item 10A: This item continued from the February 10,2015 BCC Meeting. Recommendation that the Board of County Commissioners recreates the Executive Director position for the Bayshore Gateway Triangle Community Redevelopment Agency(CRA)and appoints Jean Jourdan as its Executive Director,making her a direct report to the Collier County Redevelopment Agency,and direct the County Attorney to work with the Chair of the CRA and Ms. Jourdan on an employment agreement.(Commissioner Fiala's request) Continue Item 16A2 to the March 24,2015 BCC Meeting: Recommendation to award Invitation to Bid(ITB) 14-6247 for Purchase and Deliveries of Fungicides, Pesticides and Herbicides to multiple vendors,Aligare LLC, Crop Production Services,Inc., Helena Chemical Company, Red River Specialties, Inc.,John Deere Landscapes,and Univar USA,Inc. (Commissioner Nance's request) MOVE ITEM 16A14 TO ITEM 11F: RECOMMENDATION TO REJECT A REQUEST FOR A REFUND OF $42,050, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. NELL H. EFIRD, SPECIAL MAGISTRATE CASE NO. CEPM20130004506, RELATING TO PROPERTY LOCATED AT 541 100TH AVENUE N., COLLIER COUNTY, FLORIDA. (COMMISSIONER TAYLOR AND COMMISSIONER FIALA'S SEPARATE REQUESTS) Move Item 16F2 to Item 11E: Recommendation to adopt a Resolution to support House Speaker Steve Crisafulli's setting of funding film,television and entertainment incentives as one of his legislative priorities; urging all Florida counties to join in this initiative with no fiscal impact to Collier County. (Commissioner Henning's request) Move Item 16113 to Item IOB: This item continued from the February 10,2015 BCC Meeting. Recommendation to adopt a Resolution petitioning Governor Rick Scott and the Florida Legislature to enact legislation that will restore the local School Boards' control of educational standards,curriculum,and student assessments. (Commissioner Taylor's request) Move Item 17A to Item 9A: 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 an Ordinance amending Ordinance No.2014-21,The Golf Club of the Everglades Residential Planned Unit Development within the Rural Fringe Mixed Use District Receiving Lands Overlay,and amending Ordinance No.2004-41,the Collier County Land Development Code,by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 10±acres of land zoned rural Agricultural(A)to The Golf Club of the Everglades RPUD; by amending the Master Plan; and by providing an effective date. The subject property is located on Vanderbilt Beach Road Extension,just east of Collier Boulevard, in Section 31,Township 48 South,Range 27 East and Sections 25 and 36,Township 48 South,Range 26 East,Collier County, Florida consisting of 845.68±acres [PUDA- PL20140001511]. (Commissioner Henning's request) Move Item 17B to Item 9B: 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 consider a resolution of the Board of Zoning Appeals of Collier County,Florida providing for the establishment of a Conditional Use to allow Conditional Use#3,Private Clubs,and Conditional Use#5,Commercial and Private Parking Lots and Parking Garages,within the community commercial tract of the planned unit development pursuant to Section 6.2.0 of Ordinance No.95-33,the Briarwood Planned Unit Development,for property consisting of 15.97 acres located at the northeast corner of Livingston Road and Radio Road in Section 31,Township 49 South,Range 26 East,Collier County, Florida [Petition CU-PL20130002048]. (Commissioner Taylor's request) Time Certain Items: Item 13A to be heard at 10:00 a.m. 2/24/2015 9;1111 AM 2/24/2015 16.A.14. EXECUTIVE SUMMARY Recommendation to reject a request for a refund of$42,050,in the code enforcement action entitled Board of County Commissioners v. Nell H. Efird, Special Magistrate Case No. CEPM20130004506, relating to property located at 541 100th Avenue N.,Collier County,Florida. OBJECTIVE: OBJECTIVE: That the Board of County Commissioners (Board) reject the request for a refund of$42,050,in relation to Special Magistrate Case No. CEPM20130004506. CONSIDERATIONS: As a result of code violations at 541 100th Avenue N., which consisted of a broken window pane on east side of the home and a failing patio roof on east side of the home, the Special Magistrate ordered the imposition of a lien against Nell H. Efird in Case No. CEPM20130004506. The lien was recorded in the Official Public Records on December 20, 2013, at O.R. Book 4994,Page 1899, and it encumbered all real and personal property owned by Nell H. Efird. The lien amount of$45,346.44 was based on 167 days of accrued fines (July 13, 2013 through December 26, 2013) at $250 per day, plus $112.64 in operational costs, $1,885 in demolition costs and $1,598.80 in boarding costs. The property has been in compliance as of December 26,2013. Attorney George P. Langford made a payoff request to the Code Enforcement department for this property in the beginning of December 2013. The results were provided on December 10, 2013. The lien balance of$45,346.44 was paid in full on December 31, 2013, and the lien was released on January 22,2014. Attorney Timothy Keyser, representing Nell H. Efird, Jr., appeared before the Board, under public petition (Item 6.A), on February 10, 2015. In his petition, he requested that, of the $45,346.44 paid to the County on December 31,2013,the County keep $4,046.26, and requested a refund of $42,050. The Board directed that staff bring the matter back at the next Board meeting(on February 24,2015). Resolution No. 2012-46 authorizes the Director of the Code Enforcement Department, as designee of the County Manager, to recommend settlement of code enforcement liens, using specified criteria. This authorization does not include liens that have been paid in full. A request for a fine reduction or settlement was never made prior to payment in full. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and approved it as to form and legality. Majority support is required for approval. -KN RECOMMENDATION: That the Board of County Commissioners reject the request for a refund of$42,050,in relation to Special Magistrate Case No. CEPM20130004506. Packet Page-278- 2/24/2015 16.A.14. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division Attachment: 1)Public Petition documents 2)Resolution 2012-46 Packet Page-279- 2/24/2015 16.A.14. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.14. Item Summary: Recommendation to reject a request for a refund of$42,050, in the code enforcement action entitled Board of County Commissioners v. Nell H. Efird,Special Magistrate Case No. CEPM20130004506, relating to property located at 541 100th Avenue N., Collier County, Florida. Meeting Date: 2/24/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 2/13/2015 4:22:07 PM Approved By Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 2/17/2015 8:43:38 AM Name: WrightJeff Title: Director-Code Enforcement,Code Enforcement Date: 2/17/2015 10:56:29 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/17/2015 11:00:26 AM Name:NoellKevin Title:Assistant County Attorney, CAO General Services Date: 2/17/2015 2:44:38 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/17/2015 2:58:02 PM Name: IsacksonMark Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget Packet Page-280- 2/24/2015 16.A.14. Date: 2/17/2015 3:08:38 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/17/2015 3:31:54 PM Packet Page-281- 2/24/2015 16.A.14. Request to Speak under Public Petition Please print r-c� Name: ,4i �� l u r/c tt / , Jr. Address: C1/ " �f5c"r- "``ri- G oeitu4.ref , jr) ..-.I -Ierk e!i ei-7 , Phone: 2 6'6 CG/- 4'6, Date of the Board Meeting you wish to speak: Must circle yes or no: Is this subject matter under litigation at this time? Yes lo'' Is this subject matter an ongoing Code Enforcement case? Yes F Note: If either answer is "yes", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason you are requesting to speak (attach additional page if necessary): je e .;...>14e-tChta f C t Please explain in detail the action you are asking the Commission to take(attach additional page if necessary): H:\DATA\FORMS\Public Petition Request Form-2013.doc Packet Page -282- 2/24/2015 16.A.14. Please explain in detail the reason you are requesting to speak: Seeking compromise of a code enforcement lien against 541 100th Avenue North, Naples, Florida; Folio Number 62834000007 Please explain in detail the action you are asking the Commission to take: Petitioner paid $45,346.44 for release of the lien and seeks the county's settlement and refund of$42,050 as of the fine portion of the total amount paid. Petitioner proposes that the county retain: $ 112.46 for hearing costs $1,598.80 for lot cleaning $1,885.00 for demolition costs $ 450.00 for a fine $4,046.26 Total As explanation, petitioner states that years before the lien proceedings were started, the owner, Nell Hurley Efird, Sr., moved from Collier County for health reasons to live with her daughter, Nell Hurley Efird, Jr. in Putnam County, Florida. Ms. Efird, Sr. died on 12 October 2008. The property was devised in her will to a trust with many beneficiaries. The property was offered for sale soon after her death but did not sell because of economic conditions. The condition of the home deteriorated because the trust had insufficient assets to make the repairs required by code enforcement. Finally in November 2013, the trust sold the property at a distress price. The entire fine was paid to secure a release from the liability within the sale deadline. All trust assets have been liquidated and all distributions made to the many beneficiaries. Ms. Efird, Jr., who is in poor health and of modest means, is the sole remaining beneficiary. The fine is a substantial portion of her share of the trust. If not refunded she will experience serious financial hardship. Packet Page -283- 2/24/2015 16.A.14. RESOLUTION NO. 2012 -46 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPLACING AND SUPERSEDING RESOLUTION NO. 2010-101, AUTHORIZING THE DIRECTOR OF THE CODE ENFORCEMENT DEPARTMENT, AS DESIGNEE OF THE COUNTY MANAGER, TO UTILIZE A COLLECTION AGENCY FOR THE COLLECTION OF CODE ENFORCEMENT LIENS; TO RECOMMEND SETTLEMENT OF CODE ENFORCEMENT LIENS, USING SPECIFIED CRITERIA; TO EXECUTE AND RECORD SATISFACTIONS OF LIEN AND SATISFACTIONS OF JUDGMENT IN CERTAIN CIRCUMSTANCES; AND TO PERFORM SUCH ACTS NECESSARY TO THE SETTLEMENT OF CODE ENFORCEMENT LIENS. WHEREAS, Article VIII, Section 1, Fla. Const., provides the Board of County Commissioners (hereinafter `Board") as the governing body of Collier County, with powers of self-government as provided for by general or special law; and WHEREAS, certain of these powers have been enumerated in Section 125.01(1), FIa. Stat., to include: (1) the power to adopt resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law, and (2) the power to perform any other acts not inconsistent with law; and WHEREAS, Section 125.01(3), Fla. Stat., provides all implied powers necessary or incident to the carrying out of the powers in Section 125.01, and states that Section 125.01 shall be liberally construed in order to effectively carry out the purposes of this section and to secure for the counties the broad exercise of home rule powers; and WHEREAS, the County Manager is responsible for the administration of all departments of the county government which the Board has authority to control pursuant to Chapter 125, Part III, the general laws of Florida and other applicable legislation;and WHEREAS, the Director of Code Enforcement is charged with the responsibility of enforcing the Code of Laws and Ordinances of Collier County and the Land Development Code of Collier County; WHEREAS, pursuant to Chapter 162, Fla. Stat., the Collier County Code Enforcement Board and Special Magistrate may, upon factual findings of a violation and the violator's failure to correct or abate the violation pursuant to a previous Order by the Code Enforcement Board or Special Magistrate, impose fines, and costs to repair, by virtue of an Order Imposing Fine/Lien; and WHEREAS, Section 162.09, Fla. Stat., provides that the Code Enforcement Board or Special Magistrate may authorize the Office of the County Attorney to foreclose the lien or to sue to recover a money judgment for the amount of the lien in the event the fine/lien remains unpaid three months after recording of the Order Imposing Fine/Lien; and Packet Page-284- 2/24/2015 16.A.14. WHEREAS, Section 162.09, Fla. Stat., also authorizes the County to petition the court for enforcement of the order imposing fine and further provides for execution and levy to the same extent as a civil judgment; and WHEREAS, foreclosure, execution and levy, or suits for money judgments, are often not effective methods for the recovery of code enforcement liens; and WHEREAS, the use of a collection service has proven effective for recovering other types of fines and/or assessments, and often presents the only cost-effective means of obtaining partial or total recovery of liens; and WHEREAS, a collection agency will typically require thirty percent (30%) of all amounts collected as compensation for its efforts; and WHEREAS, the use of a collection agency for the collection of code enforcement liens is a proper and lawful manner of enforcement by the County and in the best interest of the public; and WHEREAS, the County is required to prepare and record a satisfaction or release of code enforcement liens as well as a satisfaction of judgments for civil code infractions in every instance where a lien or civil judgment has been paid; and WHEREAS, the County wishes to establish criteria for the compromise, settlement and satisfaction of code enforcement liens and has determined that the policy set forth in this Resolution is in the best interest of the County. n WHEREAS, the Board finds that the collection of code enforcement liens by the Director of Code Enforcement under the criteria set forth herein is reasonable and in the best interest of the public. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. Utilizing the most cost-effective means of enforcing and collecting code enforcement fines and liens imposed by the Collier County Code Enforcement Board or Special Magistrate is in the best interest of the County. It is the intent and purpose of the County in adopting this Resolution to set forth a policy dictating a means of enforcement and collection under circumstances where it is neither feasible nor cost-effective to pursue foreclosure or other legal proceedings for the collection of these fines or liens. 2, To this end, the Director of Code Enforcement Department is hereby authorized to collect code enforcement liens through the services of an independent debt collection company. This authority may only be exercised when all of the following conditions have occurred. A. A certified copy of the Order Imposing Fine/Lien has been recorded in the public records of Collier County; and B. Three months have passed since the recording of the Order Imposing Fine/Lien and the lien remains unpaid. 2 Packet Page-285- 2/24/2015 16.A.14. 3. The Director of the Code Enforcement Department shall have the authority to procure the services of an independent collection service company (hereinafter "Collection Agent") whose services provide for payment to the Collection Agent based on a percentage of the amount recovered. This percentage shall not exceed thirty percent of the recovery. Under no circumstances may the Collection Agent negotiate the lien amount to be paid. 4. The Director of the Code Enforcement Department may recommend settlement of those code enforcement liens, upon consideration of specific criteria set forth herein, and may prepare certain documents necessary in the execution of this authority, subject to Board approval. 4.1 Before a code enforcement lien settlement recommendation is made to the Board, the following conditions must be taken into consideration: A. Fine/lien amount is fixed and no longer accruing on a periodic basis. B. Underlying violation(s)resulting in the fine/lien has been abated or corrected. C. History of violations involving the offering party. D. For code enforcement liens and fines on a property that has new ownership, fines that accrued prior to transfer of title and thirty days following transfer of title would be considered for waiver so long as the new owner has diligently pursued abatement and compliance has been achieved. E. Extent to which payment of the full lien amount would impose a severe financial hardship on the property owner; fines accrued by an existing owner would be considered for a waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved. F. The amount recovered will equal or exceed the costs and expenses incurred by the County in prosecuting the violation and obtaining, recording, and enforcing the fine/lien. 4.2 All liens, excluding any that have been fully paid, must be formally released with the approval of the Board of County Commissioners. 4.3 Once a code enforcement lien has been compromised by Board approval and full payment of the compromised amount has been received by the County, as verified by the Director, or his/her designee, a Satisfaction and/or Release of Lien shall be prepared for the Board Chairman's signature. Within thirty (30) days of Board approval, the Director, or his/her designee, shall effectuate recording of the releasing instrument. 4.4 To the extent that other documents are needed to effectuate any action taken by the Director pursuant to this Section. the Director is authorized to prepare and execute such documents. This provision shall not be construed as permitting or authorizing the Director to exercise any authority in violation of Florida law or County policy and law, but rather is intended to encompass ministerial acts necessary to effectuate, memorialize, or implement a lien compromise contemplated by this Section. 3 Packet Page-286- 2/24/2015 16.A.14. 5. The Director is further authorized to prepare and execute on behalf of the County Satisfactions of Judgment for Final Judgments rendered by the Court for code citations issued pursuant to part II, Chapter 162, Florida Statutes. Director, or her/his staff, shall verify that full payment has been received by the Clerk's Office or other County agency. The Office of County Attorney shall approve the executed Satisfaction of Judgment as to form and legal sufficiency prior to recording. After approval by the Office of County Attorney, the Director, or her/his designee, shall effectuate recording of the instrument. 6. The Director may perform all such acts as may be necessary or appropriate in connection with the exercise of the authority granted herein. 7. Nothing contained herein is intended or shall be construed to create any rights, entitlements or remedies to the enforcement and collection of a code enforcement lien in a particular manner by any person or entity. It is the intent of the Board to merely articulate a means of compromise and collection when doing so is in the best interest of the County and a more cost effective means of collecting a code enforcement lien. The recommendation of whether a lien should be compromised or subjected to collection through a collection agency is made at the discretion of the Director of Code Enforcement. 8. The Director of the Code Enforcement Department, or his/her designee, may record the Release and Satisfaction of Lien for those code enforcement liens which have been fully paid. BE IT FURTHER RESOLVED THAT if one or more of the provisions of this policy should be held contrary to any provisions of law or contrary to public policy, or shall for .-. whatever reason be held invalid, then such provision shall be null and void and shall be deemed severable from the remaining provisions of this Policy and in no way shall affect the validity of all other provisions of this policy. BE IT FURTHER RESOLVED THAT this policy shall become effective immediately upon the adoption of this Resolution, and it shall replace and supersede Resolution 2010-101. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this the J3441 day of Mprth ,2012. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Ik By at te ( i4y Clerk FRED W. COYLE, CHAI AN ft Apprilmj,ro�l �`y � and legal saf cieepcy?? Je f/Wright Ass'stant County Attorney 4 Packet Page-287-