Agenda 02/28/2012 Item # 6AProposed Agenda Changes
Board of County Commissioners Meeting
February 28, 2012
WITHDRAW ITEM 6A: PUBLIC PETITION REQUEST FROM DAVID
BAKALAR REPRESENTING WELLS FARGO BANK, REQUESTING THE
BOARD REMOVE ALL FINES ASSESSED AGAINST PROPERTY AT 6090
PAINTED LEAF LANE, NAPLES. (PETITIONER'S REQUEST)
Continue Item 9A to the March 13.2012 BCC Meeting: This item requires ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all participants are required to be sworn in.
PUDA- PL20110000047: Sabal Bay MPUD - Amending Ordinance No. 05 -59, the Sabal Bay Mixed Use Planned
Unit Development, amending the PUD Document, Exhibit A, to: change development standards including right
of way widths and sidewalks; add general permitted uses to include outside storage and telecommunication
facilities; remove golf as a permitted use; add car wash, post office, docks and electric boats as allowable uses
in the recreation /village center tract; increase preserve by 45 acres; increase in floor area ratio for adult
living facility and increase height; remove affordable housing and remove the Bald Eagle Management Plan
and Gopher Tortoise Relocation Management Plan on property located south of Thomasson Drive, south and
west of U. S. 41, north and west of the Wentworth PUD, east of the Naples Bay intercoastal waterway in
Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range
26 East, Collier County, consisting of 2,416 +/- acres; and providing an effective date. (Applicant's request)
Move Item 16A13 to Item 11J: Recommendation to approve a Settlement and Release Agreement between
Collier County and American Traffic Solutions, Inc. for provision of Collier County's Traffic Infraction Detector
Program (TID Program) also known as the Red Light Running Camera Enforcement System. (Staff request)
Move Item 1681 to Item 14138: Recommendation to the Board of County Commissioners acting as the
Community Redevelopment Agency (CRA) to approve the attached Site Access Agreement between the CRA in
Immokalee (Owner) and Douglas N. Higgins, Inc. (Contractor) allowing the Contractor to store materials and
equipment in conjunction with the Downtown Immokalee Stormwater Improvement Project at the southwest
corner of South 9th and Main Street in Immokalee (folio 00122840009) (Commissioner Hiller's request)
Move Item 16C3 to Item 11K: Recommendation to approve a work order in the amount of $586,159.60 to DN
Higgins for construction tasks set forth in Request for Quotation 08- 5011 -58, Irrigation Quality Water Sites.
(Commissioner Hiller's request)
Move Item 16D6 to Item 11H: Recommendation to implement the direction of the Board of County
Commissioners by amending the Neighborhood Stabilization Program Action Plans to execute program
changes and authorize submission of the revised Action Plans to the U.S. Department of Housing and Urban
Development. (Commissioner Hiller and Commissioner Fiala's separate requests)
Move Item 16D7 to Item 111: Recommendation to approve a Short Sale Policy for the State Housing Initiatives
Partnership (SHIP) program. (Commissioner Hiller's request)
Note:
Item 16A16 should read: Recommendation to adopt a resolution of necessity superseding amending
Resolution No. 2011 -105 correcting scrivener's errors in legal descriptions and authorizing the
condemnation of those perpetual and temporary easement interests necessary for the construction of
stormwater improvements known as the US -41 Ditch segment of the Lely Area Stormwater Improvement
Project. (Project No. 51101) Estimated fiscal impact: $1,787,000. (Staffs request)
2/28/2012 Item 6.A.
4 Office of the County Manager
Leo E. Ochs, Jr.
3299 Tamiami Trail East, Suite 202 • Naples Florida 34112 -5746 • (239) 252 -8383 FAX: (239) 252 -4010
February 1, 2012
Mr. David Bakalar
2901 Stirling Road
Suite 208
Fort Lauderdale FL 33312
Re: Public Petition request from David Bakalar, representing Wells Fargo. Bank, requesting that the
Board remove all fines assessed against the property at 6090 Painted Leaf Lane, Naples.
Dear Mr. Bakalar,
Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at
the meeting of February 28, 2012, regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised
that the Board will take no action on your petition at this meeting. However, your petition may be
placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently
under litigation or is an on -going Code Enforcement case, the Board will hear the item but will not
discuss the item after it has been presented. Therefore, your petition to the Board should be to advise
them of your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner
Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to
respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
Sincerely,
Mike Sheffield
Business Operations Manager
MJS:mjb
cc: Jeffrey Klatzkow, County Attorney
Nick Casalanguida, Deputy Administrator, Growth Management
Diane Flagg, Director, Code Enforcement
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2/28/2012 Item 6.A.
Reauest to Speak under Public Petition
Please print
Name: DAVID BAKALAR
Address: 2901 Stirling Road, Suite 208, Fort Lauderdale, Fl. 33312 '
Phone: 954 - 965 -9101
Date of the Board Meeting you wish to speak: 2/28/2012
Must circle yes or no:
Is this subject matter under litigation at this time? s ��
7 9
Is this subject matter an ongoing Code Enforcement case? Yes, 1 (yip
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):
The bank took back the property in a mortgage foreclosure action. The prior
owners apparently did not keep the property up to code, and there was an
order imposing fine /lien recorded AFTER the bank's lawsuit had been
started. The bank fixed the property and put it into compliance at its own
expense (Around $3400) after it took back the property. The code dept
started fining the bank the fines incurred by the prior owner the day the title
was issued- with no formal notice as required by your ordinances and no
hearings. Since the "lien" of the county was recorded AFTER the lis
pendens in this matter, it is the position of the bank and its attorneys that if
the county wanted to start fining the bank, then it would have to go through
the normal processes of notices and meetings just like the prior owner, and
not just "start fining" the day the title was issued. However- the first "fine"
to the prior owners was $5,000, and this amount was offered to the county,
and it is my understanding that Dianne Flagg recommended that the county
`reject" the bank's offer. My client and I would like to get this matter
resolved, and thus, the hearing is being requested, as neither the bank nor
C tDocurnents and SettingslSFTUset',Local SetttngstTemporary Internet FileslContent Out1DOk1EZ304YLN1.Pubhc Petn:on
Request Form • 2008 new form doc
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2/28/2012 Item 6.A.
its counsel was advised of when the offer was going to be presented to the
Board the first time
We feel that if the matter were presented to the board (as a similar case was
presented and resolved as ITEM 10A AT THE JANUARY 10 BOCC MEETING),
then hopefully this case will get resolved.
Please explain in detail the action you are asking the Commission to take (attach
additional 1?gge if necessary):
Remove all fines which were not legally assessed against the property
CADocuments and Setttngs%SFTUser%Loced SettingslTemporary Internet Files %Content.Outlook%EZ304YLMPublic Petition
Request Form - 2008 new fonn.doc
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COLLIER COUNTY
Board of County Commissioners
Item Number: 6.A.
2/28/2012 Item 6.A.
Item Summary: Public Petition request from David Bakalar, representing Wells Fargo
Bank, requesting that the Board remove all fines assessed against the property at 6090 Painted
Leaf Lane, Naples.
Meeting Date: 2/28/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
2/3/2012 9:59:32 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
2/3/2012 9:59:34 AM
Approved By
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 2/3/2012 2:23:50 PM
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