Agenda 01/25/2011 Item #16K7
Agenda Changes
Board of County Commissioners Meeting
January 25, 2011
Add Item 9H: Economic Health and Viability of Collier County. (Commissioner Coletta's request)
Add Item 91: Motion that the County stop all further action with respect to Jackson Labs. (Commissioner
Hiller's request)
Move Item 16C4 to lOP: Recommendation to award Contract #11-5625 to Vaccaro Consulting, Inc. for
consulting services and planning assistance. (Commissioner Henning's request)
Move Item 16D8 to ION: Recommendation to approve renewal of the Interlocal Mutual Aid Agreement
between the Independent, Municipal and Dependent Fire Districts. (Commissioner Hiller's request)
Move Item #16F2 to #100: Recommendation to approve the annual 5% increase in Consultant Fees for the
Medical Director of EMS as described in the Emergency Medical Services Medical Consultant Contract for a
total of $110,775 for FY11. (Commissioner Hiller's request)
Continue Item 16K6: Recommendation to approve a schedule for submission of non-routine documents by
staff to the County Attorney for legal review prior to submittal for Board action (County Attorney's request)
WITHDRAW ITEM #16K7: RECOMMENDATION TO
APPROVE RELEASE OF ORDER RECORDED IN
CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS VS. DALE & KERI ANN
OCHS, CEB CASE CEVB20090000974, RELATING TO
PROPERTY LOCATED IN BIG CYPRESS NATIONAL
PRESERVE, COLLIER COUNTY, FL. (STAFF'S
REQUEST)
Note: A conversion error occurred at time of printing on Item 9D, Packet Page 244 and Item 13A1, Packet
Page 506. The missing information is as follows:
Item 9D:
Mr. Herminio Ortega
District 5
Cate20rv: REGULAR - Construction Industry
Mr. Kenneth Kelly 435-0014 02/14/06
4260 16th Street. N.E. 354-2021 01112/10
Naples FL 34120
E-Mail: ken~kellyroofin2.com
District: 5
Cate20rv: REGULAR - Roofin2 Contractor
02/14/07
02/14/13
1 Year
3 Years
Item 13A1: Hopefully, when homes are built they will address the needfor middle income homes
in this area. as it is now oredominantlv low and verv low income.- Commissioner Fiala.
Item 10J - The Recommendation portion of the executive summary reads: Recommendation to
endorse the recommendation of the Coastal Advisory Committee on how to proceed with the
permitting and Installation of the proposed Clam Bay navigational markers based on recent
regulatory findings and Agency Requirements.
Recommendation to change as follows:
Recommendation to endorse the recommendations of the Coastal Advisory Committee
(CAe) from 1/13/2011 not to move forward with the permit application or installation of
navigational markers in Clam Bay. Additionally, the CAC recommends that the County,
Pelican Bay and the Seagate community jointly meet and resolve the markings of Clam Bay
to facilitate safety, channel location, maintenance and overall community acceptance. After
resolution of the marking plan; a recommendation by the CAC; and approval by the BCC;
the County would petition the USACE to close out the permit.
Item 16D6 - The Recommendation portion of the executive summary reads: Recommendation to
approve award of Bid No.11-5637 for Naples Berm restoration to Eastman Aggregate Enterprises,
LLC for $946,167.20 and authorize the Chairman to execute the standard contract after County
Attorney review and approval.
Recommendation to change as follows:
Recommendation to approve award of Bid No. 11-5637 for the Naples Berm restoration for
a total unit price, not to exceed sum of $882,264. This will include a not to exceed unit price
of $564,864 to Eastman Aggregate Enterprises, LLC for sand transport and placement and
a not to exceed, unit price of $317,400 to Stewart Mining for sand supply. Also
recommended is authorization for the Chairman to execute the standard contract after
County Attorney review and approval. This reflects the County's intent to direct purchase
the sand from the sand supplier saving the contractors markup and sales tax. All other
items remain the same.
Item lOG is quasi-judicial and ex parte disclosure is required, all participants will be required to be
sworn in.
Item 16A8 is not an ex parte item as originally stated in the agenda.
Time Certain Items:
Item lOG to be heard at 10:00 a.m.
Item 10K to be heard at 11:00 a.m.
.
.
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1/25/2011 Item 16.1<.1.
EXECUTIVE SUMMARY
Recommendation to approve release of the order recorded in the code
enforcement action entitled Board of County Commissioners vs. Ochs, Code
Enforcement Board Case No. CEVR20090000974, relating to property located
within the Big Cypress National Preserve, Collier County, Florida,
OBJECTIVE: That the Board of County Commissioners ("BCC") release a code
enforcement order encumbering a parcel within the Big Cypress National Preserve.
CONSIDERATIONS: On December 1, 2009, the Code Enforcement Board eCEB")
entered a violation order against the owners (Ochs and Norton) of a private inholding
within the Big Cypress National Preserve. The order was for illegal clearing, and was
recorded at O,R. Book 4516, Page 8-9. No lien has been entered.
In late 2010, the National Park Service entered into discussions with the owners to
obtain title to the parcel. On December 6,2010, the property was conveyed (by Ochs
and Norton) to the United States of America via warranty deed (see O.R. Book 4630,
Pages 206-208).
The National Park Service has requested release of the order. Under the doctrine of
preemption, the County cannot enforce a code enforcement order against the federal
government without the latter's consent.
FISCAL IMPACT: Operational costs ($79.72) have been paid; however, accrued fines
in the amount of $5,900 secured by the order will be relinquished upon release.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. Approval
requires a simple majority vote, -JW
RECOMMENDATION: That the Board of County Commissioners release the order, as
described herein, and authorize the Chairman to sign the attached Release.
PREPARED BY: Jeff E. Wright, Assistant County Attorney
ATTACHMENT: Release
Packet Page -991-
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1/25/2011 Item 16.K.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7.
Item Summary: Recommendation to approve release of the order recorded in the code
enforcement action entitled Board of County Commissioners vs. Ochs, Code Enforcement Board
Case No. CEVR20090000974, relating to property located within the Big Cypress National
Preserve, Collier County, Florida.
Meeting Date: 1/25/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, County Attorney
1/18/201112:00:01 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/19/2011 8:29:59 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/19/2011 8:33:35 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/19/2011 12:37:23 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/19/201112:47:16 PM
Packet Page -992-
1/25/2011 Item 16.K.7.
This Instrument Prepared By:
Jeff E. Wright, Assistant County Attorney
Collier County Attorney's Office
3299 E. Tamiami Trail
Naples, Florida 34112
(239) 252-8400
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RELEASE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain order against real property owned by:
Dale and Keri Ann Ochs and Richard and Jeaneen Norton, Respondents
The order was recorded on December 7, 2009, in Official Records Book 4516, Page 8,
in the Official Records of Collier Gounty, State of Florida. The order finds a code
violation and imposes certain obligations against real property situated in Collier County,
Florida, which property is described as follows:
West ~ of the North ~ of the Northeast X of the Southwest X,
Section 5, Township 52 (misstated as "62" in the order) South, Range 30 East
Collier County, Florida
Folio No. 01138800003
Collier County, a political subdivision of the State of Florida, by execution of this
Release, acknowledges full satisfaction of the order and hereby cancels said order.
.
The Clerk of the Circuit Court is hereby directed to record this Release in the Official
Records of Collier County, Florida, to acknowledge that the order ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release, by
action of the Board on this day of . , 2011.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
Approved as to form and legal sufficiency
Wright
ant County Attorney
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Packet Page -993-
No p~ 4-c(9~