Agenda 04/09/2013 Item #16K3 Proposed Agenda Changes
Board of County Commissioners Meeting
April 9,2013
Continue Item 16C1 to the April 23,2013 BCC Meeting: Recommendation to direct the County
Manager or his designee to advertise an ordinance repealing and replacing the Collier County Reclaimed
Water System Ordinance,Ordinance No.98-37,as amended. (Staff's request)
Continue Item 16C2 to the April 23,2013 BCC Meeting: Recommendation to direct the County Manager or
his designee to advertise an ordinance amending Ordinance No.2001-73,the Collier County Water-Sewer
District Uniform Billing,Operating,and Regulatory Standards Ordinance. (Staffs request)
Move Item 16K3 to Item 12A: Recommendation
to approve and authorize the Chairwoman to
execute a Settlement Agreement and Release in
the lawsuit entitled Joel E. Chandler v. Collier
County, filed in the Twentieth Judicial Circuit in
and for Collier County, Florida (Case No. 13-644-
CA) for the sum of $1,474.50. (Commissioner
Coyle's request)
Note:
Items 16A3 and 16A4 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. (Staff's request)
Time Certain Items:
Item 13A to be heard at 11:30 a.m.
4/9/2013 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairwoman to execute a Settlement
Agreement and Release in the lawsuit entitled Joel E. Chandler v. Collier County, filed in
the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 13-644-CA) for
the sum of$1,474.50.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Joel E.
Chandler, against Collier County, for the sum of$1,474.50 and authorize the Chairwoman to
execute the Settlement Agreement and Release.
CONSIDERATIONS: The Plaintiff filed a lawsuit against County alleging that the Domestic
Animal Services ("DAS") Department violated his civil rights and the Public Records Act by
requiring him to complete a form as a condition of access to requested records. The County filed
its Answer and Affirmative Defenses denying the claim. In fact, there was communication
between the employee and the Plaintiff which led the Plaintiff to believe that completing the
form was a condition of release. This is not permitted under the Public Records Act. DAS
employees have been previously counseled on this issue, and additional training is scheduled
with DAS later this month.
The County, through the County Attorney's Office and the Domestic Animal Services
Department, negotiated a settlement in this case for a total sum of $1,474.50, which includes
Plaintiff's cost associated with filing the Complaint, subject to approval by the Board of County
Commissioners.
FISCAL IMPACT: Funds are budgeted and available in DAS Fund 001-155410-631994 and
the total impact will be $1,474.50.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: Mr. Chandler has a cottage business wherein he goes from
county to county, and from government agency to government agency, requesting records in an
attempt to get a staff person to err in the administration of the public records act. He then files a
complaint, demanding "attorney's fees." Once a complaint is filed, attorney's fees are mandated
by the statute. It is the opinion of the County Attorney that defending against this suit is futile,
and as personally distasteful as this is, the County Attorney recommends this payment as
constituting reasonable "nuisance value."-JAK
RECOMMENDATION: For the Board of County Commissioners to accept the settlement in
the lawsuit filed against Collier County by Joel E. Chandler in the Twentieth Judicial Circuit
Court for the total sum of $1,474.50 and authorize the Chairwoman to execute the Settlement
Agreement and Release.
Prepared by: Colleen M. Greene, Assistant County Attorney and
Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to approve and authorize the Chairwoman to execute a
Settlement Agreement and Release in the lawsuit entitled John E. Chandler v. Collier County,
filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 13-644-CA)for
the sum of$1,474.50.
Meeting Date: 4/9/2013
Prepared By
Name:NeetVirginia
Title:Legal Assistant/Paralegal,County Attorney
3/29/2013 2:48:53 PM
Submitted by
Title:Assistant County Attorney,County Attorney
Name: GreeneColleen
3/29/2013 2:48:55 PM
Approved By
Name: TownsendAmanda
Title:Director-Domestic Animal Services,Domestic Anima
Date:4/2/2013 10:02:48 AM
Name: GreeneColleen
Title:Assistant County Attorney,County Attorney
Date:4/2/2013 10:29:06 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 4/2/2013 3:33:08 PM
Name:KlatzkowJeff
Title: County Attorney
Date: 4/3/2013 9:24:20 AM
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Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/3/2013 10:28:07 AM
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SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE
(hereinafter referred to as the "Agreement and Release") is entered into and made on
this day of , 2013 by and between JOEL EDWARD
CHANDLER, (hereinafter referred to as "Plaintiff') and COLLIER COUNTY, a political
subdivision of this State (hereinafter referred to as the "County").
WITNESSETH:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled Joel Edward
Chandler v. Collier County, a political subdivision of this State, Case No. 13-644-CA
(hereinafter referred to as the "Lawsuit"); and
WHEREAS, Plaintiff and the County, without either party admitting any liability
or fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or
refer in any way, whether directly or indirectly, known or unknown, to the incident
described or allegations made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce his settlement to a writing
so that it shall be binding upon him as well as his respective owners, principals, elected
officials, officers, employees, ex-employees, agents, attorneys, representatives,
insurers, spouses, successors, assigns, heirs and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and Release, and with the intent to be legally
bound, Plaintiff and the County agree as follows:
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1. Plaintiff and the County adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses", by reference into this Agreement and
Release.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of One Thousand Four Hundred Seventy-Four 50/100
Dollars and 00/100 ($1,474.50) and other valuable consideration, the receipt and
adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the
Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Plaintiff, on behalf of himself, his attorneys, agents, representatives, insurers, heirs,
successors and assigns, hereby expressly releases and forever discharges the County,
as well as its elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, successors, assigns, insurers and affiliates from any and all claims,
demands, causes of actions, damages, costs, attorney's fees, expenses and obligations
of any kind or nature whatsoever that he has asserted or could have asserted in the
Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to
the Lawsuit or any incident, event or allegations referred to or made in the Complaint in
the Lawsuit.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of
this Agreement and Release, Plaintiff and the County agree that either of them (as well
as any other persons or entities intended to be bound) shall, in the event of any breach,
retain the right to enforce the terms and conditions of this Agreement and Release.
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5. Plaintiff and the County acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective owners, principals,
officials, officers, employees, ex-employees, agents, attorneys, representatives,
insurers, successors, assigns, spouses, heirs, and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement
and Release memorializes and states a settlement of disputed claims and nothing in
this Agreement and Release shall be construed to be an admission of any kind, whether
of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the
County.
7. Plaintiff and the County acknowledge and agree that this Agreement and
Release is the product of mutual negotiation and no doubtful or ambiguous language or
provision in this Agreement and Release is to be construed against any party based
upon a claim that the party drafted the ambiguous provision or language or that the
party was intended to be benefited by the ambiguous provision or language.
8. This Agreement and Release may be amended only by a written
instrument specifically referring to this Agreement and Release and executed with the
same formalities as this Agreement and Release.
9. In the event of an alleged breach of this Agreement and Release, Plaintiff
and the County agree that all underlying causes of action or claims of Plaintiff have
been extinguished by this Agreement and Release and that the sole remedy for breach
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, Plaintiff and the
County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
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10. This Agreement and Release shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed
this Agreement and Release as set forth below.
Date:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk GEORGIA A. HILLER, ESQ., Chairwoman
Approved as to form and By:
legal sufficiency: JOEL EDWARD CHANDLER, Plaintiff
Pro Se
Colleen M. Greene omok
Assistant County Attorney
STATE OF
COUNTY OF
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by JOEL EDWARD
CHANDLER, before me on this day of , 2013.
Personally Known
Signature of Notary Public or
Produced Identification
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires:
11-2962-CA/5365
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