Loading...
Backup Documents 01/13/2009 Item #16K 1 TD ~~(otdr~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP -"IC1/ oq J TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE I:t;up",-< Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Olliee. The completed routing slip lUld original documems are to be forwarded to the Board Ollie, only after the BO~~~~;N~oS~;~ item) 1 6 K 1 Complete routing lines # I through #4 as appropriate tor additIOnal signatures, dates, and/or intiJrmation needed. If the document is already co"ete with the exec tion of the Chairman's si nature, draw a line lhrou'h routin lines #1 thrau h #4, com lete the checklist, and"' ard to Sue Filson line#5 . Route to Addressee(s) (List in routin order) 1. Diane Flagg Office Code Enforcement Date , ie' 3D f , ' 2. Joe Schmitt CDES .;tIlt/ D~ PRIMARY CONTACT INFORMATION (The primary conloct is the holder of the original document pending BCe approval. Nonnally the primary contact is the person who created'prepared the executive summary. Primary contact information is needed in the event one oflhe addressees above, including Sue Filson, need to cmtact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee ollice only after the sec has acted to approve the item.) IS 5 t\dm,l\( \Yah.~ Name of Primm)' Staff Marlene Serrano Phone Number 252-2487 Contact Agenda Date Item was ""'"- dOO~ Agenda Item Number \-(1 Aooroved by the BCC 0~"\A"''I \\ Type of Document Executive Summary - Release and Number of Original 1 Attached Satisfaction of Lien Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners Yes (Initial) N/A (Not A licable) 6. Minutes and Records Clerk of Court's Office ~ N/A fJ ) 14- w I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most lettefs, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne Jotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on_ \ II~ ID<f~(enter date) and all changes made during the meeting have been incorporat~ttached document. The Count Attorne 's Office has reviewed the chao es, if a licable. I: Fonns/ County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 16K 1 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign a release of lien as part of Board-approved settlement in the matter of Collier County v. Donald E. Gray, CEB Case No. 2004-005. OBJECTIVE: To have the Board of County Commissioners authorize the Chairman to sign a release of lien (a copy of which is attached hereto as Exhibit "A"), as part of a Board-approved settlement of a code enforcement case brought against Donald E. Gray. CONSIDERATIONS: On October 28, 2008, under Consent Agenda Item 16.A.2, the Board of County Commissioners accepted a proposed settlement offer from Mr. Gray, which provided for compromise and release of a code enforcement lien, and dismissal of a pending appeal, relating to Code Enforcement Case No. 2004-005. The underlying code enforcement case involved an unpermitted (since demolished) boathouse roof on property in Little Hickory Shores in Collier County. A copy of the October 28th Executive Swnmary relating to this item is attached as Exhibit '"B". Mr. Gray had appealed the decision of the Code Enforcement Board, first to the Circuit Court, where his appeal was denied, then to the Second District Court of Appeal (DCA). As part of the Board- approved settlement, Mr. Gray paid $6,000 to the Code Enforcement Department, and agreed to dismiss the pending appeal before the DCA. A copy of the DCA Order dismissing the case with prejudice, is attached as Exhibit "C". Because Mr. Gray has performed his obligations under the Board-approved settlement (by bringing the property into compliance, paying $6,000, and dismissing his pending appeal), the only remaining action is for the Board of County Commissioners is to authorize its Chairman to sign a release of lien. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. This item is not quasi-judicial, and as such ex parte disclosure is not required. This item requires a majority vote only. JW RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign a release oflien, consistent with the settlement offer accepted by the Board on October 28, 2008. PREPARED BY: JeffE. Wright Assistant County Attorney 1 ILg1/ 0; Agendw~1\16 October 28, 20 Page 3 of 4 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Item Number: 16A2 Item Summary: RecommendaLon tD m~Ge!Jt a settlement ()ffr:~r, providing fOf re!eaSf~ of a code enforCHtnent lien and dismissal of;) pendinG appeal, in relation to the code enforcement case, ColLer County v [Jul'did E G ai', CEB Nu 20D4~005, on property lo[~'ated at 267 3rd Street West Coi:i(n CUur1ty, Florida Meeting Date: 10i::B/200B 9:00:00 !\f'v1 Prepared By Marlene Serrano Investigative Supervisor Date COES Code Enforcement 10f2i20084;07:21 PM Approved By Diane 8. Flagg Code Enforcement Director O~te Community Dovelopment & Environmental Services Code Enforcement 10/2120086:56 PM Approved By Judy Puig Community Development & Environmental Services Operations Annlyst D-ilte Community Development & Environmental Services Admin, 10/312008 4:01 PM Approved By Joseph K. Schmitt Community Development & Environrnenta! Services Adminstrator Di'lte Community Development & Environmental Services Community Development & Environmental Services Admin. 10!7/2008 1 :48 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 1018120087,33 AM Approved By MarK Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10116120089:21 AM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 10/20/20088:17 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/20/200810:54 AM file://C:\AgendaTestlExport\ 115 -October%2028, %202008\ 16. %20CONS ENT%20AGEN... 10/22/2008 16K 1 EXECUTIVE SUMMARY Recommendation to accept a settlement offer, providing for release of a code enforcement lien and dismissal of a pending appeal, in relation to the code enforcement case, Collier County v. Donald E. Gray, CEB No. 2004-005, on property located at 267 3rd Street West Collier County, Florida OBJECTIVE: That the Board of County Commissioners accept the proposed settlement offer made by Donald E. Gray, providing for compromise and release of a code enforcement lien, and dismissal of a pending appeal, relating to the Code Enforcement Board action entitled Collier County v. Donald E. Gray, CEB No. 2004- 005. CONSIDERATIONS: On March 25, 2004, the Code Enforcement Board (CEB) found Mr. Gray in violation of the Collier County Land Development Code, and the Florida Building Code, for an unpermitted wooden roof over his boat dock. The CEB ordered the Respondent to remove the roof or complete the variance application process, including obtaining any applicable County building permits, within 60 days (by May 27, 2004), or a fine of $75 per day would be imposed for each day the violation continued past that date. Mr. Gray filed an appeal of the CEB's decision with the circuit court on May 24, 2004. On June 24, 2004, the CEB entered a lien order. The circuit court denied Gray's appeal on October 23, 2007 (over three years after it was filed). Since that time, Mr. Gray has filed an appeal to Florida's Second District Court of Appeal, which is ongoing. Mr. Gray demolished the roof over the boat dock and the property came into compliance with the CEB's order on March 26, 2008. During the nearly 4-year period of non- compliance, fines continued to accrue at a rate of $75 per day. By the date of compliance, the lien had grown to $106,142.56. On May 27, 2008, a settlement offer of $1,367.56 was brought to the BCC on the consent agenda. In approving the matter on the consent agenda, the BCC rejected the settlement offer, and directed staff to continue negotiations. FISCAL IMPACT: Mr. Gray has submitted a $6,000 check to the Code Enforcement Department, representing a good faith attempt to settle this matter. If the Board accepts the proposed settlement offer of $6,000, the amount paid be deposited into "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. 16K 1 LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners accept the proposed settlement offer from Mr. Gray. PREPARED BY: Diane Flagg Director, Code Enforcement Department 16K 1 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 341 04 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Code Enforcement Board dated June 29, 2004, a certified copy of which was recorded on July 1,2004, in O.R. Book 3598, Pages 0398, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Donald E. Gray, has been discharged in full: Donald E. Gray 267 3rd Street W. Bonita Springs (Collier County), Florida Folio No.: Payment: Reference: 56000880009 $6,000 (by negotiated settlement) CEB Case No. 2004-005 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Donald E. Gray, and consents to this lien being discharged of record. Dated this __ day of ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: ~ JeffE. Wright Assistant County Attorney EXHIBIT I-A- Ag8t1~aci;j~ R~~l EXECUTIVE SUMMARY Recommendation to accept a settlement offer, providing for release of a code enforcement lien and dismissal of a pending appeal, in relation to the code enforcement case, Collier County v. Donald E. Gray, CEB No. 2004-005, on property located at 267 3rd Street West Collier County, Florida OBJECTIVE: That the Board of County Commissioners (BCC) accept the proposed settlement offer made by Donald E. Gray, providing for compromise and felease of a code enforcement lien, and dismissal of a pending appeal, relating to the Code Enforcement Board action entitled Collier County v. Donald E. Gray, CEB No. 2004- 005, CONSIDERATIONS: On March 25, 2004, the Code Enforcement Board (CEB) found Mr. Gray in violation of the Collier County Land Development Code, and the Florida Building Code, for an unpermitted wooden roof over his boat dock. The CEB ordered the Respondent to remove the roof or complete the variance application process, including obtaining any applicable County building permits, within 60 days (by May 27, 2004), or a fine of $75 per day would be imposed for each day the violation continued past that date. Mr. Gray filed an appeal of the CEB's decision with the circuit court on May 24, 2004. On June 24, 2004, the CEB entered a lien order. The circuit court denied Gray's appeal on October 23, 2007 (over three years after it was filed). Since that time, Mr. Gray has filed an appeal to Florida's Second District Court of Appeal, which is ongoing. Mr. Gray demolished the roof over the boat dock and the property came into compliance with the CEB's ordef on March 26, 2008. During the neafly 4-year period of non- compliance, fines continued to accrue at a rate of $75 per day. By the date of compliance, the lien had gfown to $106,142.56. On May 27, 2008, a settlement offer of $1,367.56 was brought to the BCC on the consent agenda. In approving the matter on the consent agenda, the BCC fejected the settlement offef, and directed staff to continue negotiations. FISCAL IMPACT: Mr. Gray has submitted a $6,000 good faith check to the Code Enforcement Department, representing potential settlement in this matter. If the Boafd accepts the proposed settlement offer of $6,000, the proceeds will be deposited into "Code Enforcement Board Fines" revenue account within MSTD General Fund (111). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. EXHIBIT '-8- " '''''lL'j'', Ih'i'ti~.) 1 r<_}<" c ..t:" 'I '- Octob 2 8 Page 2 of 4 LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and is legally sufficient for Boafd action. -JW RECOMMENDATION: That the Board of County Commissioners accept the proposed settlement offef from Mr. Gray, PREPARED BY: Diane Flagg Director, Code Enforcement Department t,.t<l.fff ~ 16 K 1 fN.',,:," riO!ltN~ IN THE DISTRICT COURT OF APPEAL OF THE s~bl= ~LORIDA SECOND DISTRICT, POST OFFICE BOX 327, LAKEL't1~(f.L83:Ni>~~ijl~7 December 2, 2008 CASE NO.: 2008-893 LT No. : 04-2074-CA Donald E. Gray v. Code Enforcement Board, Collier County Appellant I Petitioner(s), Appellee I Respondent(s). BY ORDER OF THE COURT: The notice of joint stipulation for dismissal with prejudice is accepted, and this petition is dismissed. I HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Donald E. Gray Jeffrey E. Wright, Esq. Dwight E. Brock, Clerk td 'r ~ James Birkhold Clerk EXHIBIT J-C- This instrument prepared by: Jeff E. Wnght Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213,2939 *** 4263230 OR: 4428 PG: 4080 **~ RBCORDED In OFFiCIAL RECORDS or COLLIBR COUNTY, F1 02/19/2009 at 01:09FM DIIGHT E. BROCK, CLBRK RBC lEE 10,00 COPIBS 1,00 RHn: CLBRK TO THB BOARD INTEROFFICE 4TH FLOuR H!BI06 16K 1 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Code Enforcement Board dated June 29, 2004, a certified copy of which was recorded on July 1,2004, in O.R. Book 3598, Pages 0398, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Donald E. Gray, has been discharged in full: Donald E. Gray 267 3cd Street W. Bonita Springs (Collier County), Florida Folio No.: Payment: Reference: 56000880009 $6,000 (by negotiated settlement) CEB Case No. 2004-005 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Donald E. Gray, and consents to this lien being discharged of record. Dated this Jl1E day of _JO:YI {) Vvry ,2009. ATTEST: DWIGHT E.I3~9.~K, Clerk .~\ -;" ",,' .,.~; BOARD OF COUNTY COMMISSIONERS COLLIER C :NTY, LORIDA By: I By: .~....to ~, .t...... .01. . Approved as to form 'and legal sufficiency: :JC ";';. IRMAl"