Agenda 01/25/2011 Item #16K6
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 10N: 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 the release of order recorded in Code Enforcement
action entitled Board of County Commissioners vs. Dale and Keri Ann Ochs, CEB Case No. 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
Cate2:orv: REGULAR - Construction Industrv
Mr. Kenneth Kellv 435-0014 02/14/06
4260 16th Street. N.E. 354-2021 01112/10
Naples FL 34120
E-Mail: ken<mkellvroofin2:.com
District: 5
Cate2:orv: 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 ofthe 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 lS.K.S.
EXECUTIVE SUMMARY
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.
OBJECTIVE: To assure sufficient legal review of non-routine matters.
CONSIDERATIONS: The large majority of the Board's agenda items are routine in nature.
These items, which are generally on the consent portion of the agenda, include plat recordings,
roadway and drainage approvals, releases of various liens, grant requests and awards, and bid
awards. Legal review of such items generally can be accomplished within a two-day period.
Non-routine matters can take a significantly greater time to properly analyze, and may require
significant discussions with both staff and outside entities. As a general rule, staff has been
outstanding in getting these items to this Office for adequate review. From time-to-time,
however, this Office is given difficult or complicated matters to review, with a deadline of a day
or two to make the following agenda Although we understand that issues can surface rather
quickly, there are times when staffhas been working on a non-routine item for quite some time,
is faced with a deadline, then provides this Office with the item for legal review at the very last
minute. This Office is then faced with either conducting a hasty review or having to request that
the matter be continued. It is to these items that this Executive Summary is addressed.
Accordingly, the County Attorney is asking the Board to approve a schedule for staff to follow
on non-routine items to be submitted to the County Attorney for legal review. The County
Attorney recommends the following schedule:
Zoning Petitions
· Submit complete application to County Attorney's Office upon receipt from the
applicant.
· Submit all items requiring legal review at least 5 business days prior to when
needed.
Growth Management Plan amendments and Land Development Code amendments
· Submit complete application to County Attorney's Office upon receipt from the
applicant.
· Submit draft amendment language to County Attorney's Office upon receipt from
applicant, or upon drafting by staff for staff-initiated amendments, no later than
30 days before the first advisory board hearing.
· Submit :final language for review at least 5 business days prior to BCC deadline.
Contracts and all other Non-Routine Matters
· Notify County Attorney's Office upon initiation of work by staff on a matter that
will require an agreement or is otherwise not routine.
· Submit proposed agreement or item for review at least 5 business days prior to
when needed,
Packet Page -987-
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1/25/2011 Item 16.K.6.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This Executive Summary has been reviewed for legal
sufficiency, This item requires a simple majority vote. (JAK)
RECOMMENDATION: That the Board of County Commissioners approves the schedule for
submission of documents as stated above.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
Packet Page ~988-
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1/25/2011 Item 16.K.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6,
Item Summary: Recommendation to approve a schedule for submissio"n of non-routine
documents by staff to the County Attorney for legal review prior to submittal for Board action.
Meeting Date: 1/25/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, County Attorney
1/14/2011 3:47:52 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/14/2011 4:20:14 PM
Name: GreenwaldRandy
Title: ManagementIBudget Analyst,Office of Management & B
Date: 1/14/2011 4:50:58 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/18/201111:20:53 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/18/2011 2:45:19 PM
Packet Page -989-