Agenda 05/10/2011 Item #17C
Agenda Changes
Board of County Commissioners Meeting
May 10, 2011
Withdraw Item lOB: Recommendation to award a construction contract in the amount of
$25,935,470.53 to Mitchell & Stark Construction Corporation and reserve $3,315,000 on the
purchase order for funding allowances, for a total of $29,250,470.53 for ITB No. 10-5342 _ "SR 84
(Davis Blvd) Radio Road to Collier Blvd; SR/CR 951 Intersection improvements; Collier Blvd
(SR/CR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the E Golden Gate
Canal", Project No. 60073 and Project No. 60092. (Unsucces,'iful bidder has filed intent to protest the
award)
Move Item 16A7 to Item lOG: Recommendation to approve a Resolntion to petition Governor
Scott to extend the "Rural Area of Critical Economic Concern" designation awarded to Florida's
Heartland Regional Economic Development Initiative, Inc. Region another 5-years and to keep the
Community of Immokalee within the South Central Rural Area of Critical Economic Concern
designation. This item is being placed on the agenda at the request of the Economic Development
Council of Collier County. (Commissioner Hiller's request)
Withdraw Item 16A9: Recommendation to approve a Work Order uuder Contract #09-5262 with
Agnoli, Barber and Brundage Inc. (" ABB, Inc. "), to provide professional engineering services
related to design, bidding assistance, and constructiou services of the Wing South Airpark
Channels portion of the Lely Area Stormwater Improvement Project (LASIP) in the amonnt of
$199,922, Project #51101. (After the agenda package went to print, the Clerk of Courts Finance
Director presented concerns related to the CCNA process for this item. Therefore, staflis requesting
that this item be pulledfrom the May 10, 2011 Agenda so staffmay work with the Clerk's office to
address and resolve their concerns. The project construction schedule should not be adversely affected
by this delay.)
Move Item 16E3 to Item IOF: Recommendation to accept a bronze bust of former County
Manager James V. Mudd from Abbas Asli (landlord of the former Property Appraiser's oftice
building) for placement in the James V. Mudd Emergency Services Center. (Commissioner Hiller's
request)
Move Item 17C to Item 8A:
Recommendation to adopt an Ordinance
amending Ordinance No. 1975-16, as
amended, relating to the placement and
presentation of matters on the official
agenda. (Commissioner Hiller's request)
Time Certain Items:
Item IOC to be heard at 11 :00 a.m.
5/10/20113:42 PM
5/10/2011 Item 17.C.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 1975-16, as amended,
relating to the placement and presentation of matters on the official agenda.
OBJECTIVE: To obtain the Board of County Commissioners' (Board's) approval of an
amendment to Ordinance No. 1975-] 6, as amended, whieh will establish standards for placing and
presenting matters on the offieial agenda.
CONSIDERA nONS: On April 22, ] 975, the Board adopted Ordinance No. 1975-16 to establish
the time, plaee, and eonduet of Board of County Commissioners' meetings. Subsequent
amendments to Ordinanee No. ] 975- 16 refleet existing procedures as they evolved over time.
At its April 12, 2011 regular meeting, the Board discussed the eurrent agenda process
(Regular, Consent and Summary). The Com1l1issioners expressed concerns about baek-up
documentation being introduced while an item is being diseussed, vague or unclear executive
summaries, and in some instanees a lack of sufficient baek-up infonmation to properly deliberate
the agenda item. The Board suggested revisions to Ordinanee No. 1975-16, as amended, to ensure
that items are placed on the agenda in a timely manner and are properly assembled with as much
supporting documents/infol111ation as is practicable for the benefit of the Board, County staff and
the publie. The Board also asked for the ability to waive the new standards (e.g. allow new
infol111ation or doeuments to be considered) if the item is time sensitive or signifieantly important.
The proposed amending ordinanee adds the following provisions to Seetion One of
Ordinanee No. 1975-16:
1. Meetings of the Board of County Commissioners:
******
(c) Agenda. There shall be an offieial agenda for eaeh meeting of the Board, whieh
shall deten11ine the order of business eondueted at the meeting.
(I) The Board shall not take aetion upon any matter, proposal, report or item of
business not listed upon the official agenda, unless a majority of the Board
prescnt eonsents.
(2) The County Manager shall prepare eaeh agenda in appropriate f0I111 approved
by the Board. Matters may be plaeed on thc agenda by the County Manager,
any County Commissioner, the Clerk. the County Attorney, and the
constitutional officers. The agenda shall be prepared and distributed not latcr
than four days preeeding the regular meeting.
(3)
Prior to the publishing of the agenda. matters plaeed on the aQenda should
inelude as mueh supportinl! doeuments. information. and materials as is needed
to aid the Board in its preparation and deliberation of the agenda item.
Doeuments, information and materials will not be aeeepted bv the Board
~ ,,""
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5/10/2011 Item 17.C.
following publieation of the agenda. Should additional doeuments. information
and materials be presented to the Board following publieation, the Board mav.
bv a maioritv vote of those present, elect to either continue the agenda item to a
future Board meeting. or waive this requirement and hear the matter if it
determines that the agenda item is of significant publie importanee and should
not be postPoned.
~ lil All requests for a eontinuanee of an agenda item, ineluding matters advertised
for a publie hearing, require Board of County Commission approval. No person
shall be entitled to rely for any reason upon any assurances that an agenda item
or publie hearing will be continued. A eontinuance shall only be granted by an
affirmative vote of the majority of the Board Members present.
At its April 26th meeting, the Board authorized the County Attorney to advertise the
proposed Ordinance for future eonsideration.
LEGAL CONSIDERATIONS: The proposed amendment is legally sufficient for Board aetion.
-JAK
FISCAL IMPACT: The cost of advertising the amending ordinanee is estimated at $400.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners adopts the proposed
Ordinance amending Ordinance No. 1975- 16, as amended, relating to the presentation of matters
plaeed on the offieial agenda.
Prepared Bv: Jeffrey A. Klatzkow, County Attorney
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5/10/2011 Item 17.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C.
Item Summary: Recommendation to adopt an Ordinance amending Ordinance No. 1975-
16, as amended, relating to the placement and presentation of matters on the official agenda.
Meeting Date: 5/10/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
4/26/2011 4:23:02 PM
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 4/27/201 19:51:09 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/2812011 9:55:34 AM
Name: OchsLeo
Title: County Manager
Date: 5/1/2011 ] 1 :03:23 AM
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5/10/2011 Item 17.C.
.
ORDINANCE NO. 2011-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF
ORDINA1~CE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD
OF COUNTY COMMISSIONERS," BY ADDING PROVISIONS
RELATING TO THE PRESENTATION OF MATTERS PLACED ON THE
OFFICIAL AGENDA; PROVIDING . FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on April 22, ] 975, the Board of County Commissioners (Board) adopted
Ordinance No. 75-] 6 which established the time, place and conduct of its meetings; and
WHEREAS, subsequent amendments to Ordinance No. 75-16 reflect the evolving
practices and procedures relating to the meetings of the Board of County Commissioners; and
WHEREAS, the Board desires to amend Ordinance No. 75-16, as amended, in order to
establish minimum requirements relating to the placement of back-up material to items on the
official agenda; and
. WHEREAS, the intent of this change to ensure that the Board's deliberation of any
matter is based on the most accurate and comprehensive information available and to aid the
public in understanding the issues presented; and
WHEREAS, so as not to impede the progress of an agenda item that is time sensitive or
of significant public importance, the Board also desires a process whereby these requirements
may be waived by a majority vote.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Al\1ENDMENT TO SECTION ONE OF ORDINANCE NO. 75-16, AS
AMENDED.
Section One is hereby amended as follows:
1. Meetings of the Board of County Commissioners:
* '" * * * '"
.
Words Underlined are 1l1'f1'ft>1f' Wflrrl~ "t>-.urlr Thrcmgh are deleted.
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Page 1 of3
5/10/2011 Item 17.C.
(c) Agenda. There shall be an official agenda for each meeting of the Board,
which shall determine the order of business conducted at the meeting.
(l) The Board shall not take action upon any matter, proposal, report or item of
business not listed upon the official agenda, unless a majority of the Board
present consents.
(2) The County Manager shall prepare each agenda in appropriate form approved
by the Board. Matters may be placed on the agenda by the County Manager,
any County Commissioner, the Clerk, the County Attorney, and the
constitutional officers. The agenda shall be prepared and distributed not later
than four days preceding the regular meeting.
(3) Prior to the publishing of the agenda. matters placed on the agenda should
include as much supporting documents. information. and materials as is
needed to aid the Board in its preparation and deliberation of the agenda item.
Documents. information and materials will not be accepted by the Board
followine: publication of the agenda. Should additional documents.
information and materials be presented to the Board followim!: publication. the
Board may. bv a maiority vote of those present. elect to either continue the
82enda item to a future Board meeting. or waive this requirement and hear the
matter if it determines that the agenda item is of significant public importance
and should not be postponed.
~ ill All requests for a continuance of an agenda item, including matters advertised
for a public hearing, require Board of County Commission approval. No
person shall be entitled to rely for any reason upon any assurances that an
agenda item or public hearing will be continued. A continuance shall only be
granted by an affirmative vote of the majority of the Board Members present
* '" * * '" *
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
.
.
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held .
Words Underlined are ..~~. WM~" t"t_.~I, 'T'1..:eugh are deleted.
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5/10/2011 Item 17.C.
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED .A.ND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of
, 20 I 1.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, CHAIRMAN
, Deputy Clerk
Words Underlined are ~AA.A' UT__Aft "._."1, ~ are deleted.
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5/10/2011 Item 17.C.
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NOTla OF INTENTTO"CoN$IDER ORDINANCU . .. ~ .~ ~ :..
NotIce Is herebY glwn 1hat on T~, ~ 10, 2011, 'In the 8oIn1rooin, 3nI Floor, .
Administration BuildInG. Coller ~ GiMmrntnt Center!.:32tt East Tam'"
Trail, . ~1tI, Florida. the ao.d of County Commillionen Will consider the e:nIICt~ .
ment of sever.1 ~ OrdiMncts. The meeting will commence . ~ A.M..lht
· tItlesofthe~onIi""'ces...~ ... " .. .. f.:. ,""
AN ORDINANCE Of THE 10ARD OF COUNTY COMMISSIONERS OF COlliER COuN- .
TV, F.lORIDAo. AMENDING OROiNANa NO. 2003-53, AS AMENDED, 1(N()WN. AS THE .
COWER COUNTY ETHICS ORDINANCE, BY ADDING SUBSEcnON FIVJ (2)(j) TO AL-
LOW COMMISSIONERS. ATTENDING AN MNTSERVlNGA VALJD:JIU8UC PUIUI05E.
AND IIlIHIOt RATE FOR THE MNT .INCLUDES ~ owaTAU. CONTRI8UTION to
SEEIC TtIE RATE REPRESENTING :THE ACTUAL COST OF THE MItr..(SUCH AS FOO6, .
BEVERAGE, AND . ENTERTAINMENT) WHIOt IS LESS THANTHATOFFBEt) THE GEN-
ERAL PUlUC;. PItOVIDING FOR.CONFUCT AND SEVERAlHJTY; PRQV1DING FOR. IN-
CL~DIN..J'H' ~'~.":"Of;LAWS ~ ~.. . .AHD;~ FC?R..~ Ef.
FE....."" A,,,. ....... ..... "". .." ...~ ..,.-1........ ",
'. '. '"., ." ". ,.. : . . " j.~:. . ", '. ..' .". ....' ..~...,.. ~ ..... ;:,', .
tAM ORDINANCE Of THE io,w,'OF coOtmcouMI5sibNEIis'.:oi:: COWER~. :
!'fl. FLOItlOA. AMENDING SECTION ONE. OF .ORDINANCE NO; 75-16. AS AMEN. OED,
""MEETINGS OF THE IIOMD OF COUNTY COMMl5SIONERS,- BY ADDING PR0VI-
SIONS RELATING TO THE PRESENTATION OF MATTERS PLACED 'ON. THE OFFICIAl:.
AGENDA; PROVIDING FORCONFUCT AND SEVEIlAIIUTY; PROVIDING FOR .INCLU-
SlON IN THE CODE OF LAWS AND OROINANCES; AND PIlOVIDING FOR AN EFFiC-
TIVE DATE. .. '. .'. ... .,. '.. .. .'.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS of COWERCOUN-
TV. FLORIDA,. AMENDING. ORDINANCE NO. 764, AS AMENDED,. 'WHICH REGU"
LATES THE USE. OF COUNTY PARKS. PRESCRIBES HOURS Of OPENING AND CLOSING
ANDPROHIlrT'S CERTAIN ACTS THEREIN. IIV EUMINATlNG: :THE:PROHI8ITION
::'um.~~~irf:'RE=ffi ~~~ ~~.~~.
FUCT AND. SEVERABILITY; PItOVIDING FOR INCLUSION. IN THE-CODE OF LAWS AJ<<j
ORDINANCES; ~p PROVIDING FOR AN EFFEqM OA~. ,. : ..... . ,..';.. :
CopIes'of'th.,.P:Opo.d Ordinwes.~ on.fli. wtththe ~"~.~::ik*d ~.-
If. .".1I1b1. for inspection. All inttr~ ~ ere ;lrivIted to .uena, _.. be.
helIrd. ... . . ,
NOTE: AU persons wishing to $peek on any ~a Item must:reVist.... with the.
County Hmlnlstrator prior to pmentMion of the IIgtnda Item to .be HdresMd.
Indlvidu.1 spHken w11f be Ilmltlcl to 3 'minutes on any Item. .1ht stItctIon of .n In-'
diviMI to &peek on btMIf. of .n organization ot group Is encour.ged. If ~
natd by the Chairm.n, a spokesperson for a group or ~nlutIcin 1M)' be .1Iotted
10 minutes to ipNIton." Item. : .. ..:.. ':..: :. :"
. . ; ... .,,'
PersonS wishing to.Mvt written.ot graphiC IMteriaIs Ind~ In tt*..Bo.rd. agen..
!*klt$ must .SUbrriIt s.1~' material a minimum of 3: weeIcS:,~. . .tothe r~ .
iNbAc' he8ring. In 11Ift case, written. mateMls Intttidtd - to-, be conslcleracf by the
lOllrdstWl be Submittjd to the appto~ County suffa milJimumof. sevin d. .
priot to the public boring. AI 1Mt....., ~ In pr~~';behn th.lk*d.
wlUbecomuperma~l*toftherecord:; ., . . .': . ..' : '... . .:..
. - .' . . ~ . '..... . . 0.' .... . .
Any :~ .~ ~des ti:.~.".: cl8cisk:iri:Iit ttIe bid. wii n~ i .f.ecoid"" ~:.
proceedll9 pertaining ~ n ~.mey need to ensure thIt . verbatim
record of the proceeCllngs'ls 1Mde. 'Whlm ~ 1nchIdes. ~.~ MCI ey\.., :
dence upon which the appe.11s based.. .. . .. '. . ,.
11 ~ ... penon with.. dlAbllity who needs any KCOmmod.tion In.onIer to .,."
tid~ In ttlIs procetdlng.you .. entitled, at no cost to ~ to.tht provision of..
. CtlUin assisUnce. PIt. contaCt the Collier Countv Fadlltils ~ ~- .
ment, located.at 3335 Tamiaml Trail Em, Suit. "01, ,8ullcfti19 W, ~ FlOrida. .
:~~ ~~~~m~~~~ ~.for ~.~.mp.~~ .rt:~.II-.
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY, FLORIDA
I
FRED COYLE, CHAIRMAN
DWIGHT E..BROCK, CLERK .
By. Martha V.rgM', Deputy Oerk .
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