Recap 04/09/2002 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
April 9, 2002
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
1
April 9, 2002
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
0
INVOCATION AND PLEDGE OF ALLEGIANCE
A. Father Tim Navin, St. Peter the Apostle Catholic Church
AGENDA AND MINUTES
Approved and/or Adopted with changes - 5/0
mo
Approval of today's regular, consent and summary agenda as
amended. (Ex Parte Disclosure provided by Commission members
for summary agenda.)
B. March 12, 2002 - Regular Meeting
PROCLAMATIONS
A0
Proclamation for Collier County Government Days.
by Jean Merritt, Public Information Director.
Adopted - 5/0
To be accepted
Bo
Proclamation for Organ and Transplant Awareness Week. To be
accepted by Ed Morton, CEO of NCH and Jeff McRoberts.
Adopted - 5/0
Proclamation for Water Conservation Month. To be accepted by
Michael Ramsey, Chairman for Collier Soil and Water Conservation.
Adopted - 5/0
Proclamation for Adopt-A-Canal Month. To be accepted by Cher
Compton.
Adopted - 5/0
2
April 9, 2002
J
Added:
E. Proclamation for Adopt-A-Road Program. To be accepted by Ms.
Barbara Lee, Office Assistant II for Transportation Road & Bridge.
Adopted- 5/0
SERVICE AWARDS
Presented
Five-Year Attendees:
1) Scott Corbett, Transportation Operations
2) James Von Rinteln, Emergency Management
Ten-Year Attendees:
3) Michael Sullivan, Emergency Medical Services
Fifteen-Year Attendees:
4) Maura Kraus, Natural Resources
5) Judith Scribner, Social Services
Twenty-Five Year Attendees:
6) Joyce Ernst, Planning Services
PRESENTATIONS
Recommendation to recognize: Lowell Raines, CAAD Operator,
Facilities Management, as Employee of the Month for January 2002,
Barbara Lee, Customer Service Specialist, Transportation Operations,
as Employee of the Month for February 2002, and Amy Gesdorf-
Patterson, Impact Fee Analyst, Office of Financial Management, as
Employee of the Month for March 2002.
Recognized
3
April 9, 2002
J
Introduction of Carole Senne, New Director for the South Florida
Water Management District.
Introduced
PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
A. Public Comments on General Topics
1)
2)
3)
4)
5)
Gil Erlichman re water issues
Margaret Rogers re Immokalee Road Expansion Project
Bob Krasowski re Landfill improvements
Ty Agoston re Concurrency
Victor Nydits re lack of confidence in County Government
Public Petition Request by Mr. Tom Macchia to discuss a change in
definition of "Concurrency" when it is applied to roads, water and
sewers.
Staff to put on future agenda as a regular item - 5/0
Co
Public Petition Request by Mr. Mike Carr regarding Congressional
Redistricting.
County Attorney to represent BCC through Department of
Justice with a budget of $30,000 - 5/0
BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
mo
Approve the Collier County Water Irrigation Ordinance restricting the
hours of irrigation in Unincorporated Collier County.
Ordinance 2002-17; Adopted- 5/0
BOARD OF COUNTY COMMISSIONERS
Ae
Be
Appointment of member to the Contractors Licensing Board.
Res. 2002-185 appointing Leonard Cutler- Adopted 5/0
Appointment of members to the Immokalee Enterprise Zone
Development Agency (EZDA).
4
April 9, 2002
Added:
Res. 2002-186 appointing Lt. Mark Baker, Charlie Esquivel and
Carla Ayala - Adopted 5/0
Appointment of member to the Collier County Planning Commission.
Res. 2002-187 appointing Frank Fry - Adopted 5/0
Do
Board Approval of the FY 01/02 Advertising/Marketing Plan in the
amount of $552,500 as recommended by the Tourist Development
Council.
Approved 5/0
Moved from Item #16(1)1:
E. Collier County Education Foundation's Golden Apple Teacher
Recognition Request from Commissioner Coletta for approval to
attend Program as a valid public purpose.
Approved for Commissioner Coletta (one seat only) -
(Commissioner Henning opposed)
4/1
Moved from Item #16(1)2:
F. Request for approval for Commissioners to attend 4th Annual Country
Jam to represent Collier County as a valid public purpose to interact
with constituents and employees
Denied 5/0
10.
COUNTY MANAGER' S REPORT
A. Staff Report on plan to improve reliability of County water supply and
production. (Tom Wides, Interim Public Utilities Administrator)
Approved - 5/0
11. AIRPORT AUTHORITY
12.
13.
COUNTY ATTORNEY'S REPORT
OTHER CONSTITUTIONAL OFFICERS
A. To present the Certificate of Achievement for Excellence in Financial
Reporting to the Board of County Commissioners for the Fiscal Year
ended September 30, 2000.
5
April 9, 2002
Accepted - 5/0
To formally present to the Board of County Commissioners the
Comprehensive Annual Financial Report (CAFR) for the Fiscal Year
ended September 30, 2001.
Presented
14. FUTURE AGENDAS
15.
STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Uncle Sam Contest Charitable Cans located around the Complex
serve a valid public purpose - 5/0
16.
CONSENT AGENDA - All matters listed under this item are considered
to be routine and action will be taken by one motion without separate
discussion of each item. If discussion is desired by a member of the
Board, that item(s) will be removed from the Consent Agenda and
considered separately.
Approved and/or Adopted with changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES
Be
1)
Code Enforcement Lien Resolution Approvals.
Res. 2002-165 through 2002-177
2) Final acceptance of water utility facilities for Boyne South.
3)
Code Enforcement Lien Resolution Approvals.
Res. 2002-178 through 2002-183
4)
Approve Committee selection of Henderson, Young and
Company for contract negotiations for RFP 02-3317
"Consultant Services for Impact Fee Update Studies - Fire".
TRANSPORTATION SERVICES
6
April 9, 2002
1)
Approve a Resolution requesting that the MPO recommend to
the Florida Commission for the Transportation Disadvantaged
that the Collier County Board of County Commissioners be re-
designated Community Transportation Coordinator for Collier
County.
Res. 2002-184
Ce
2)
Recommendation to approve the purchase of one (1) 15 CY
Dump Truck, Diesel, in accordance with Bid #02-3336, in the
amount of $77,222.00.
Awarded to Wallace International Trucks, Inc.
3)
Approve the Facilities Relocation Agreement with Florida
Power and Light Company in the amount of $98,666 to relocate
power line structures on Livingston Road between Immokalee
Road and the Lee County Line to facilitate the road-widening
project, Project No. 65041.
4)
Award Work Order No. NTI-FT-02-02 in the amount of
$80,000 to Native Technologies Inc., for the Gordon River
Cleanout Project #31005.
PUBLIC UTILITIES
Deleted:
De
1)
Approve Tourism Agreement with the City of Naples for
monitoring of the South Gordon Drive T-Groin, $48,000.
2)
Authorize amendment to Camp Dresser and McKee Inc.,
Golden Gate Wellfield Reliability Improvements Design
Contract in the amount of $40,000.
PUBLIC SERVICES
1)
Award Bid #02-3351 to purchase arts and crafts supplies for
1 recreation programs in the amount of $40,000.
Awarded to Triarco and S&S Worldwide
7
April 9, 2002
2)
3)
Approve a Budget Amendment for Consultant Services for Park
Impact Fee Update Study in the amount of $25,000.
Approve a Budget Amendment to recognize revenue in the
amount of $5810 from insurance proceeds to replace a stolen
tractor.
E. ADMINISTRATIVE SERVICES
Fe
1)
Recommendation to rescind award to Astor Chemical Co., for
potassium permanganate for inability to fulfill contract and
award to Cams Chemical Company on Bid #01-3288 -
"Chemicals for Utilities" in the estimated amount of $107,205.
2)
Request Board approval to appropriate funds in the amount of
$6,500 for a membership in Public Technology, Inc.
EMERGENCY SERVICES
1)
Approve the purchase of one (1) Medium-Duty Advanced Life
Support Ambulance from American LaFrance Medic Master
Corporation for the amount of One Hundred Thirty-Seven
Thousand Thirteen Dollars ($137,013). This vehicle will be
purchased under the Florida Sheriff's Association Bid #00-08-
0905.
G. COUNTY MANAGER
1)
Void Committee Selection of firms for contract negotiations for
RFP #01-3290 "Fixed Term Professional Engineering
Services".
H. AIRPORT AUTHORITY
I. BOARD OF COUNTY COMMISSIONERS
Moved to Item #9E:
i)
Request from Commissioner Coletta for approval to attend
Collier County Education Foundation's Golden Apple Teacher
Recognition Program as a valid public purpose.
8
April 0, 2002
Moved to Item #9F:
2)
Je
Request for approval for Commissioners to attend 4th Annual
Country Jam to represent Collier County as a valid public
purpose to interact with constituents and employees.
MISCELLANEOUS CORRESPONDENCE
Ke
1) Miscellaneous items to file for record with action as directed.
OTHER CONSTITUTIONAL OFFICERS
L. COUNTY ATTORNEY
1)
2)
3)
4)
Recommendation that the Board of County Commissioners
authorize the County Attorney's Retention of Process Servers
for the County in upcoming eminent domain cases for road
projects, exempt the County Attorney from the purchasing
policy if and to the extent the purchasing policy is applicable
and authorize the Chairman to sign any necessary retention
documents.
Ortino Investigations & Process Service and Bill Greenberg
Special Services, Inc. to be retained
Approve the Agreed Order awarding expert fees relative to
easement acquisitions of Parcels 169 and 769 in the Lawsuit
entitled Collier County v. Fred R. Sutherland, Individually and
D/BM Sutherland Paint Horses, et al., Case No. 01-0756-CA
(Livingston Road Project No. 60071).
Recommendation that the Board of County Commissioners
approve the settlement in Gallagher v. Collier County, Case
No. 00-0565-CA-01, now pending in the Twentieth Judicial
Circuit in and for Collier County, Florida, pursuant to which
the County would pay $50,000 and all claims against the
County would be dismissed with prejudice, said $50,000
settlement was arrived at during a mediation of the matter.
Recommendation that the Board of County Commissioners
approve the settlement in Bettencourt v. Collier County, Case
Al~ril 9, 2002
No. 00-0283-CA, now pending in the Twentieth Judicial Court
in and for Collier County, Florida, pursuant to which the
County would pay $150,000 and all claims against the County
would be dismissed with prejudice. Said $150,000 settlement
was arrived at during a mediation of the matter.
s)
Authorize the making of an Offer of Judgment in the amount of
$20,000.00 to Respondents, Joseph Cali and Samuel Montello,
for Parcels 4.3 and 4.4 in the Lawsuit styled Collier County v.
Joseph Cali, et al, Case No. 89-0987-CA. Project No. 73902.
$13,690 to be paid into the Registry of the Court
17.
SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED
PUBLIC HEARINGS AND MUST MEET THE FOLLOWING
CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM
STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL
BY THE COLLIER COUNTY PLANNING COMMISSION OR
OTHER AUTHORIZING AGENCIES OF ALL MEMBERS
PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE
COLLIER COUNTY PLANNING COMMISSION, OTHER
AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE
COMMENCEMENT OF THE BCC MEETING ON WHICH THE
ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO
THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE
MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS
MUST BE SWORN IN.
mo
RZ-2001-AR-1625, Robert L. Duane, AICP, of Hole Montes Inc.,
representing Leo J. Fragiacomo and Annelise C. O'Donnell,
requesting a rezone from RMF-16 to RSF-4 for property located at
227 Cays Drive, further described as Lot 72, Stella Maris, in Port of
the Islands, in Section 9, Township 52 South, Range 28 East, Collier
County, Florida.
Ordinance 2002-16
18. ADJOURN
lO
April 9, 2002
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
11
April 9, 2002