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Agenda 07/08/2014 Item #16K 4Proposed Agenda Changes Board of County Commissioners Meeting July 8, 2014 Add On Item 10A: Recommendation that the Board direct the County Attorney to work with the County Manager and the Sheriffs Office to prepare and bring back a proposed ordinance that would establish a Collier County Sexual Offender and Sexual Predator Residency Ordinance that is more restrictive than State Statute. (Commissioner Fiala's request) Add On Item IOB: Recommendation to 1) Direct staff to develop and bring forward a Land Development Code Amendment regarding the regulation of automobile service stations, including gas stations, adjacent to residential property which have more than eight (8) fuel pumps or provide for fueling of more than eight (8) cars at any point in time; and 2) Adopt a resolution to stay the receipt of new applications for development orders regarding automobile service stations, including gas stations, adjacent to residential property while the proposed land use regulation is prepared and vetted. (Commissioner Fiala's request) Continue Item I IA to the September 9 2014 BCC Meeting: Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. (Commissioner Nance's request) Withdraw Item 11E: Recommendation to award Bid No. 14 -6269, "Collier County Northeast Recycling Drop -off Center," to Cleveland Construction in the amount of $5,156,769.21; and, authorize a budget amendment of $1,400,000 to move funds from Project No. 59015, "Airspace Recovery," to Project 59009, "Northeast Recycling Drop -off Center." (Staffs request) Continue Indefinitely Item 16K4: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramireza in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, to recover damages for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. (County Attorney's request) Note: Item I IC Executive Summary title should read: Recommendation to approve an Agreement for Sale and Purchase with Asset Recovery XVIII, LLC, for the purchase of property to accommodate the future Wilson /Benefield Benfield alignment and improved access to the Resource Recovery Business Park and approve a budget amendment. Also, in the Objective section, the reference to a "302 + / -" acre parcel should be revised to a "305.59" acre parcel. (Staffs request) Item 16A1 Executive Summary title should read: Recommendation to approve an extension of tw© three years for completion of Site Development Plan (SDP) improvements associated with Tenchitas Convenience Store (SDP AR- 14305) pursuant to Section 10.02.03 I-1 of the Collier County Land Development Code. (Staffs request) Proposed Agenda Changes Board of County Commissioners Meeting July 8, 2014 Page 2 Item 16A17 Executive Summary title should read: Recommendation to approve seven releases of code enforcement liens with a combined accrued value of $138,238.19, for payment of $4,188.19 and a related settlement agreement, in the code enforcement actions entitled Board of County Commissioners v. Judith Harbrecht Hill and William P. Hill, Trustees, in Special Magistrate Case Nos. CEPM20100008282, CEPM20110004402, CEPM20110011182, CEPM20120000872, CEV20120000968, CENA20120009734 AND CEPM20120017192, relating to property located at 451 Torrey Pines Point, Collier County, Florida. Also, the Recommendation section should read: That the Board of County Commissioners waives accrued fines in the amount of $134,050, accept payment of $4,188.19, releases the liens, and authorizes the Chairman to sign the attached lien releases for recording in the Official Public Records, and attached Mutual General Release and Settlement Agreement. (Staffs request) Item 16E10: For purchases estimated to be greater than $50,000 per order and less than $200,000 per order, the department may quote out work among the awarded vendor(s) with Purchasing Department approval. (Staffs request) Items 17B and 17C: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. (Staffs request) Time Certain Requests: Item I ID to be heard at 10:45 a.m. (Commissioner Fiala's request) 7/8/2011 18:10 AM 7/8/2014 16.K.4. EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramireza in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, to recover damages for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file a lawsuit against the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramirez, for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. CONSIDERATIONS: On October 29, 2013 a vehicle owned by the Vineyards Development Corporation and operated by Debra Gogan, an employee of the Vineyards Development Corporation, was in the left hand, west -bound turn lane on Pine Ridge Road at the intersection with Whippoorwill Lane. The traffic signals were green for both westbound and east bound traffic. A vehicle owned by Amelia Sosa, and being operated by Astrid Ramirez, was traveling east bound on Pine Ridge Road in the inside lane. The vehicle operated by Debra Gogan attempted a U -turn in front of the Sosa vehicle. The Sosa vehicle struck the Gogan vehicle, turning it around. The Sosa vehicle then struck and caused significant damage to a County - owned traffic control box on the south east corner of Pine Ridge Road and Whippoorwill Lane. The two drivers, along with the owners of the vehicles, have since filed lawsuits against each other, and no one will address the County's damages. The County has no other recourse for recovery of the costs than to proceed with litigation. FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - KN RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramirez, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. PREPARED BY: Kevin L. Noell, Assistant County Attorney Page 1 of 1 Packet Page -2407- 7/8/2014 16.K.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.4. Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramireza in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, to recover damages for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. Meeting Date: 7/8/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 6/30/2014 11:24:07 AM Approved By Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 6/30/2014 1:17:40 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/30/2014 3:02:48 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/30/2014 3:40:09 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 7/1/2014 3:00:05 PM Packet Page -2408- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY FLORIDA - CIVIL DIVISION BOARD OF COUNTY COMMISSINERS, COLLIER COUNTY, FLORIDA, Plaintiff, V. CASE NO.: VINEYARDS DEVELOPMEMNT CORPORATION, DEBRA LEE GOGAN, AMELIA SOSA, and ASTRID RAMIREZ, Defendants. 7/8/2014 16.K.4. COMPLAINT COMES NOW the Plaintiff BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY ") and sues VINEYARDS DEVELOPMEMNT CORPORATION (hereinafter the "VINEYARDS "), DEBRA LEE GOGAN (hereinafter "GOGAN "), AMELIA SOSA (hereinafter "SOSA "), and ASTRID RAMIREZ (hereinafter "RAMIREZ "), for damages caused it for the repair and replacement of a traffic control box owned and maintained by the County, and states to the Court in support thereof as follows: 1. All events and occurrences set forth hereunder occurred and took place within Collier County, Florida. 2. This Court has jurisdiction over all parties named herein and the subject matter of this action. 3. This is an action for damages that the County incurred for the repair and /or replacement of a traffic control box owned and maintained by the County that was severely 1 Packet Page -2409- 7/8/2014 16.K.4. damaged due to a collision negligently caused by and between the drivers of the vehicles owned by the Vineyards and Sosa. 4. The vehicles involved herein are subject to and are governed by the dangerous instrumentality doctrine in the State of Florida. 5. Gogan was an employee of the Vineyards at the time of the occurrence set forth hereunder, and was engaged upon business at all material times hereto for the Vineyards. 6. The vehicle driven by Gogan was owned by the Vineyards, and was entrusted to Gogan at the time and place of the occurrence by the Vineyards. 7. The vehicle driven by Ramirez was owned by Sosa, and was entrusted to Ramirez at the time and place of the occurrence by Sosa. 8. On October 29, 2013 at approximately 1 1:54 AM, at the intersection of Pine Ridge Road and Whippoorwill Road, Collier County, Florida, Gogan was operating the Vineyards vehicle in a west bound direction and was in the left turn lane that turns onto Whippoorwill Lane to head south. 9. At that time and place, Ramirez was operating the Sosa vehicle on the inside lane. east bound on Pine Ridge Road. 10. The traffic control light was green for both east and west bound traffic on Pine Ridge Road. 11. As Ramirez was entering the intersection, Gogan attempted a U turn to travel back east bound on Pine Ridge Road. 12. Ramirez operating the Sosa vehicle collided with the right front of the Vineyards vehicle operated by Gogan. 2 Packet Page -2410- 7/8/2014 16.K.4. 13. As a result of the collision, the Vineyards vehicle was spun around into the east bound lanes of Pine Ridge road, and the Sosa vehicle operated by Ramirez spun off to the southeast, and struck and caused severe damage to the County's traffic control box located on the south east corner of Pine Ridge Road and Whippoorwill Lane. 14. Both Gogan and Ramirez owed a duty to the public on the roadways, and adjacent to the roadways, including public and private property, the vehicles that they were driving in a safe and proper manner, according to the law. 14. Gogan operated the Vineyards' vehicle in a negligent manner by not yielding the right of way to the Sosa vehicle operated by Ramirez, thereby breaching her duty. 15. Ramirez operated the Sosa vehicle in a negligent manner by entering the intersection at an excessive rate of speed, thereby breaching her duty. 16. As a result of the negligence of both Gogan and Ramirez, and as a result of both the Vineyards and Sosa entrusting a dangerous instrumentality to Gogan and Ramirez respectively, the County suffered damages in the amount of $30,771.56 for the repair and /or replacement of its traffic control box ion the proximity of the location of the collision. 17. Although the County requested payment of its damages on numerous occasions from the Vineyards, Gogan, Sosa and Ramirez, they have refused and continue to refuse to pay the County's damages. 18. The refusal to pay the county's damages by any of the Defendants necessitated the bringing of this action to seek reimbursement of those damages. WHEREFORE, the County respectfully requests the Court: 3 Packet Page -2411- 7/8/2014 16.K.4. A. Enter Judgment in favor of the County for the sum of $30,771.56, plus all costs associated with this litigation expended by the County, plus legal interest from the date of the Judgment until paid, for which let execution issue. B Enter said Judgment apportioning the amount(s) between the parties as the Court deems just according to the evidence presented before it. C. Grant such other and further relief as the Court deems just in the circumstances. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA U- I KEVIN L. NOELL, ESQ. Florida Bar No. 13811 Assistant County Attorney 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 -5749 Telephone: (239) 252 -8400 Facsimile: (239) 252 -6300 E -mail Service to all addresses below: kevinnoellna col, liergov.net thomasbarattakcol li eraov.net nancybradleykcollierizov.net 4 Packet Page -2412-