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Agenda 02/08/2011 Item #16K5 Agenda Changes Board of County Commissioners Meeting February 8, 2011 Continue Item 8B to February 22. 2011 BCC Meetin2: Recommendation to adopt a Resolution amending the Collier County Water-Sewer District Impact Fee Rates, established by Ordinance No. 2007-57, as amended, by reducing the water impact fee by $285 (-8%) to $3,290 per Equivalent Residential Connection, and the wastewater impact fee by $250 (-7.2%) to $3,245 per Equivalent Residential Connection, for a total reduction of $535 (-7.6%), with an effective date of February 14, 2011. This is a companion to Item 8D. (Staff's request) Continue Item 8D to February 22. 2011 BCC Meetin2: Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance) by amending the Road Impact Fee rate schedule, which is Schedule One of Appendix A, to reflect the Phase II rate schedule set forth in the "Collier County Transportation Impact Fee Cost and Credit Update Study" adopted September 28,2010, which provides for a reduction in rates; and providing for a delayed effective date of February 14, 2011. This is a companion to Item 8B. (Staff's request) Move Item 16D1 to Item 10E: Recommendation to approve selection of firms under RFP 10-5572: Wiggin's Pass Permitting, Modeling & Inlet Management Plan to Coastal Planning & Engineering, Inc. and direct staff to bring a negotiated contract to the Board for subsequent approval (Commissioner Hiller's request) MOVE ITEM 16K5 TO ITEM l1A: RECOMMENDATION TO AUTHORIZE A REPRESENTATIVE OF COUNTY ATTORNEY'S OFFICE TO BID ON BEHALF OF THE COUNTY AT FOURCODEENFORCEMENTLffiN FORECLOSURE SALES SCHEDULED BY THE CLERK IN BOARD OF COUNTY COMMISSIONERS VS. JEAN CLAUDE MARTEL, CIRCUIT COURT CASE NO.I0-720-CA, IN AN AMOUNT NOT TO EXCEED THE VALUE OF THE COUNTY'S FORECLOSED LIEN INTEREST; APPROXIMATELY $409,000 FOR 4 PARCELS. (COMMISSIONER HILLER'S REQUEST) Move Item 1681 to 13A: Recommendation to authorize the CRA Executive Director to negotiate land purchase agreements, subject to approval by the Community Redevelopment Agency, relating to expansion of the Gateway Triangle Stormwater Management Pond and approve an application for a FEMA grant to fund the purchase of the subject properties (Commissioner Hiller's request) Note: Correction to Item 16D2: In the Executive Summary, Fiscal Impact section, third sentence should read "Collier County and partners will be required to provide a match of at least.w 100 percent of the grant award". (Staff's request) Time Certain Items: Item lOB to be heard at 10:30 a.m. 4/12/2011 3:41 PM EXECUTIVE SUMMARY 2/8/2011 Item 16.K.5. Recommendation to authorize a representative of the County Attorney's Offiee to bid on behalf of the County at four code enforcement lien foreclosure sales scheduled by the Clerk in BOARD OF COUNTY COMMISSIONERS v. JEAN CLAUDE MARTEL, Circuit Court Case No. to-nO-CA, in an amount not to exceed the value of the County's foreclosed lien interest (approximately $409,000 for four parcels). OBJECTIVE: To obtain the Board's authorization for a representative of the County Attorney's Office to bid on four properties to be sold at separate foreclosure sales (currently set for February 16, 2011), as a result of a Final Swnmary Judgment of Foreclosure in favor of the County in Collier County v. Jean Claude Martel, Circuit Court Case No.1 0-720-CA. CONSIDERATIONS: The County Attorney's Office filed a foreclosure action on February I, 2010, in relation to a code enforcement lien imposed against real and personal property owned by Mr. Martel. On December 17,2010, the court entered a final summary judgment in the County's favor, reciting a total swn due of $409,405.45 under the lien, and directing the Clerk to sell four of Mr. Martel's properties in unincorporated Collier County to satisfy the lien. A copy of the order is included in the backup materials for this item. The February 16, 20 1 I public sales have been advertised and will be conducted in accordance with Florida law, On February 1, 2011, the Bayshore Gateway Triangle Community Redevelopment Agency Advisory Board approved a motion for CRA staff to work with the County to purchase the three parcels located on Karen Drive, for payment of County hard costs, taxes, and closing costs, in the event the County is the successful bidder on any of these properties. It is expected that the fourth property will be sold to a public bidder. FISCAL IMPACT: Fiscal impacts includc a $70 fee per sale for four sales (total of $280), plus costs related to recording of title. This authorization will allow the County to bid a combined cwnulative amount not exceeding the valuc of tlle County's foreclosed lien intcrest (currently $409,405,45), Recording and related costs are to be paid from the "Code Enforcement Board Fines" Revenue Account, and sufficient budget exists for such costs. This fiscal impact will likely be offset upon acquisition andlor sale of the properties. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Swnmary. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. Approval of this item requires a simple majority vote. -JW - RECOMMENDATION: That the Board of County Commissioners (I) authorize a representative of the County Attorney's Office to bid on the subject property as described herein; (2) accept and authorize recording of title to the properties, upon confirmation of the sale by the Clerk and issuance of a Certificate of Title; (3) authorize staff to pay any fees, assessments, or expenses associated with the sale and recording of the Certificate of Title; and (4) authorize staff to take necessary measures to maintain, surplus, and scll the property in accordance with state and local laws. Prepared by: JeffE. Wright, Assistant County Attorney Packet Page -712- 2/8/2011 Item 16.K.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.5. Item Summary: Recommendation to authorize a representative of the County Attorney's Office to bid on behalf of the County at four code enforcement lien foreclosure sales scheduled by the Clerk in BOARD OF COUNTY COMMISSIONERS v. JEAN CLAUDE MARTEL, Circuit Court Case No. 10-nO-CA, in an amount not to exceed the value of the County's foreclosed lien interest (approximately $409,000 for four parcels). Meeting Date: 2/8/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 1/27/2011 10:26:20 AM Approved By Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 1/27/201112:17:23 PM Name: GreenwaldRandy Title: ManagementlBudget Analyst,Office of Management & B Date: 1/27/2011 I :46:46 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 2/2/2011 2:42:26 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 2/2/201 13:14:43 PM Packet Page -713- i, l' /4- Y)' ! ') '~.'" :;" 2/8/2011 Item 16.K.5. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, A political Subdivision of the State of Florida, Plaintiff, v. es~,,~,~..W1f-CA JEAN CLAUDE MARTEL (a.k.a. CLAUDE MARTEL), and any tenants/persons in possession, and any unknown heirs, successors, assigns, devisees, grantees, creditors, and other unknown persons or unknown spouses claiming by, through and under the above-named Defendant, :'~."j:;. ::":': i~U-- -011 "-f"'{ ....... ,.....,/ -"j ", )-,-,... I,,; ...0-:':::', i._I,..II..I',t', ;.J.;;", L,' ~~_",.PEc. L 7 Y:,,'~r ',.:": .': '~. "' ') GL:::~'U< 7;J#Z" r~'~.... ._,._.,.,~_~,. ,._._~,'_ _o.C ". ~ ~~<t9 FINAL SUMMARY JUDGMENT FOR FORECLOSURE Defendant. / THIS ACTION came before the Court on Dccember 10, 2010, on Plaintiffs MOTION FOR SUMMARY JUDGMENT for foreclosure, and thc Court, having reviewed the plcadings, affidavits, and other evidence of record, and having heard argument of counsel and being otherwise fully advised in the premiscs, finds as follows: A. Servicc of process has becn propcrly secured upon all Defendants and the Court has jurisdiction over the parties and over the subject matter of this action. B. Defendant, JEAN CLAUDE MARTEL, is the record owncr of the Subject Properties (as further described in Paragraph E, below) in this lawsuit. C. The County's interest in the code cnforcementlicns that arc the subject of this action is paramount and superior to any right, title, intercst, claims, liens, encumbrances. and equities of the Defendants, JEAN CLAUDE MARTEL (also known as CLAUDE MARTEL), and all persons claiming any intcrest in the Subjcct Propcrtics (as further dcscribcd in Paragraph E. below) since the filing of the Lis Pendens. D. ^ certified copy of the Order Imposing Fine/Lien ("Orders'') rcndered by the Collicr County Special Magistrate was propcrly recorded in thc Official Public Records of Collier County, florida. at O.R, Rook 4236. Pages 962-963. and this constitutes a valid lien upon thc Subjcct Property. Packet Page -714- ~) (~ 2/8/2011 Item 16.K.5. E. Pursuant to * 162.09(3), Florida Statutes, the Order imposed an enforccable lien against the following property (the "Subject Properties"), described as: PROPERTY #1: Lot 37, Tarpon Mobile Homes, more particularly described as follows: Beginning at the Northeast corner of Lot 100, Naples Groves and Truck Co.'s Little Farm Number 2, according to the Plat in Plat Book 1, page 27, of the Public Records of ColIier County, Florida; thence South 009'50" West 337.8 feet; thence North 89027'0" West 480 feet to the Point of Beginning; thence North 009'10" East 139 feet thence South 89027'0" East 60 feet; thence South 009'0" West 139 feet; thence North 89027'0" West 60 feet to the Point of Beginning, Collier County, Florida Also known as 3152 Karen Drive, Naples, Florida 34112 (Folio No. 61839680009); PROPERTY #2: The North 50 feet of the East 155 feet of the South Yi of Lot 138, Naples Grove and Truck Company's Little Farms #2, as recorded in Plat Book 1, page 27, Public Records of Collier County, Florida. (no known physical address, Folio No. 61843840000) PROPERTY #3: Lot #28 of Tarpon Mobile Homesites more particularly described as: Beginning at the Nortbwest corner of Lot 100, Naples Grove and Truck CO.'s Little Farms No.2, according to Plat Book 1, page 27, of the Public Records of Collier County, Florida: Thence S 0009'00" W 337.9 ft. tbence S 89027'00" E 296.81 ft., to Point of Beginning. Thence S 89027'00" E 60.0 ft., thence N 009'00" E 139.0 ft., tbence E 89026'40" W 60.0 ft., thence S 009'00" W 139.0 ft., to Point of Beginning. Also known as 3000 Karen Drive, Naples, Florida 34112 (Folio No. 61839560006); and PROPERTY #4: Lot 18 Tarpon Mobile Homesites, more particularly described as follows: Beginning at the Nortbeast corner of Lot 100 N.G. & T. Co. Little Farms No.2 Subdivision, according to Plat Book I, page 27, Public Records of Collier County, Florida. Tbence North 89026'40" West 300 feet, to point of beginning, thence South 0009'00" West 139 feet, tbence South 89026'40" East 60.0 feet, thence Nortb 009'00" East 139 feet, thence North 89026'40" West 60.0 feet, to tbe point of beginning. Also known as 3205 Karen Drive, Naples, Florida 34112 (Folio No. 61840280003); and G. There are no other licns recorded against the Subject Properties, which liens are superior to code cnforcement liens. H. Plaintiff, Collier County, has incurred eosts in the prosecution of this action in the amount of $7,204.00 (representing contractor costs plus tiling fees). See the Affidavit of Diane Flagg (Exhibit B to the Motion). In addition, Plaintiff will expend $280 in costs for foreclosure processing ($70 per sale, for four sales). These eosts, combined, equal $7,484. 2 Packet Page -715- ,) c" 2/B/2ollltem 16.K.5. K. Default was entered against Defcndant JEAN CLAUDE MARTEL on May 18,2010. 1. As to each Defcndant, there are no genuine issues of material fact, and Plaintiff, Collier County, is entitled to a judgment in its favor as a matter oflaw; accordingly, it is ORDERED AND ADJUDGED that Plaintitrs Motion for SunIDlary Judgment for foreclosure against Defendant JEAN CLAUDE MARTEL, and any pcrson claiming an interest in the Subject through him, is hereby GRANTED and a Final Summary Judgment for Foreclosure ("The Judgment") is hereby entercd in accordanee with the following tCrms; I. As of Deeember 10, 2010, there is due and owing from Defendant, JEAN CLAUDE MARTEL, to the Plaintiff, the accrued sum of the code enforcement lien which equals $401,921.45, for which let execution issue. 2. Plaintiff, Collier County, is entitled to the costs incurred in this action, pursuant to ~ 162.10, Florida Statutes, in the amount of $7,484. 3. Plaintiff has a code enforcement lien as a seeurity interest to secure the payment of the af.:Jresaid SunlS against the Subject Properties. Plaintiff's liens are prior, paramount, and superior to all nghts, claim, liens, interest, encumbrances, and equities of the Defendants and all persons or entities claiming by, through, or under said Defendants or anyone of them. 4. Unless the Defendants shall, at any time prior to the sale of the properties described herein, pay to Plaintiff the total sum of $409,405.45, with interest at the rate prescribed by law and the aforesaid costs and fees, the Clerk of Court, after publication of notice as required by law, shall sell each of the Subject Properties at four (4) separate public sales on (I) ff t'.RlJllr~ -'-0' I (,., 2011,at 1\:t.l'\Ft~clock; (2)_~f,~liArtl6 ICe ,2011,at 1\'.N'"tR'clock; (3) ltI".RW"~'U ,v, , 2011, at 1I'.t>b'l'" o'clock; and (4) :j.pA,e({A"1 /1.-, , 2011, at I ~ o'clock to the high cst and best bidder(s) for eash, in the First Floor Lobby, Atrium area of the Collier County Courthouse, Naples, Collier County, Florida, in accordance with ~ 45.031, Florida Statutes. The Subject Properties shall be sold free and clear of all right, title, interest, claim, lien, encumbrance, remainder reversion, homestead, dower, or equity of redemption whatsoever of the D~fendants namcd herein, and all persons or entities claiming interest in said properties, as of the date of filing of the Notice of Lis Pendens. 5. Plaintiff is hereby given leave to bid at all four sales and apply against any debt made by it, the amount found to be due Plaintiff in this Judgment. Section 45.031 (2), Florida Statutes, requires that the high bidder post with the Clerk a deposit equal to Five Percent (5%) of the final bid. In the evcnt that a successful bidder fails to plaee the requisite deposit in accordanee with Florida 3 Packet Page .716- Statutes with the Clerk, !.'t (;D W (,: ~u u..LUJ .~ rUS'a.l.l. I bia is ..ai<i ana tal sale ~1.all ge (8 tho !H~Q9Rd Rig1:test hid~kl, nl~v shall 2/8/2011 Item 16.K.5. eitf , alse ~nmply w;,h FI9riaa Stahlles ill relation te !he reEj\lireQ Qllfl6sit. However, if the PlaintifT is the ~"ccessful bidder, it is excluded from the deposit requirement. 6. Out of the proceeds arising from the sale of the property, the Clerk shall retain his fees and shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of the costs as determined herein; second, documentary stamps affixed to the Certificate of Sale; third, the total sum due to PlaintifT as set forth in this final judgment, plus interest at the rate preseribed by law from this date to the date of sale. If the Subject Properties shall sell, individually or collectively, for more than enough to pay the above-mentioned sums with interest, the Clerk shall retain the surplus and report to this Court for the Court to further order. The Clerk of the Court shall hold the surplus in the registry of this Court. Thereafter, upon motion and notice of hearing to all parties, the Court will adjudicate the rights hereto according to law and equity. 7. Upon the sales being held in accordance with Chapter 45 of the Florida Statutes, and upon the Clerk filing Certifieates of Sale and Certifieates of Title, the sales shall stand confirmed and title shall pass fully and eompletely to the purchasers named in the Certifieates of Title free and clear "f any right, title, interest, estate, elaim, or equity of redemption of the Defendants or any person claiming, by, through, or under them, or any person claiming any interest in the Subject Properties, and the purchaser at the sale shall be let into possession of the property. Further, any and all persons whosoever claiming against the Subject Properties, by virtue of any liens or other interest unrecorded as of the date of the filing of Lis Pendens with the Clerk of this Court, shall be forever barred from asserting any such liens or other interest any such liens or other interest shall be discharged forever, in accordance with Florida Statutes. 8. This Court retains jurisdiction of this cause for purposes of making all other orders and judgments as may be necessary and appropriate herein, including, but not limited to, writs of assistance determining claims to any surplus and granting such other relief as may be appropriate. Section 162.09(3), Florida Statutes (2010), does not provide for entry of a deficiency judgment in favor of the Plaintiff in the event that the proceeds of the sale ofthe property are insuftieient to pay the amounts due and owing Plaintiff pursuant to this Judgment. The Clerk is hereby authorized to issue a \l, rit of Possession for the premises after filing of Certificate of Title upon request of Plaintiff and the Sheriff is hereby authorized to serve the Writ of Possession. 4 Packet Page -717- I rt ". 2/8/2ollltern 16.K.5. DONE AND ORDERED at Naples, Florida, this j 7 day of December, 20 I O. Cf)nformed copies to: ~~\C) Mr. Claude Martel \1>" . 3190 Karen Drive \'1.- J Naples, Florida 34112 I Jeff E. Wright Assistant County Attorney 3299 Tamiami Trail, East Harmon Turner Building, 8th Floor Naples, Florida 34112 il: ,"i; J....; ~. .::~ 1'/ '~/ /2 -'/ ~. ..~y~::~ ~ry i~!\ ~ . iJ /.f.! U O.JbflJ Bookkeeping 5 Packet Page -718- "'.~~".;;";~_'~' ~~'~'_~'_~~_'_.~C".~