Recap 04/23/2002 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
April 23, 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
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April 23, 2002
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
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.
INVOCATION AND PLEDGE OF ALLEGIANCE
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A. Reverend Meredith McMillan, Golden Gate United Methodist Church
AGENDA AND MINUTES
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Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or adopted with changes - 4/0 (Commissioner Carter
out as reflected by 4/0 vote)
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March 26, 2002 - Regular Meeting
April 2, 2002 - Town Hall Meeting
Approved as presented - 4/0
PROCLAMATIONS
Proclamation for the Great Dock Canoe Race.
DePasquale, President.
Adopted - 4/0
To be accepted by Vin
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Proclamation for Crime Victim's Rights Week.
Arlene and Dan Klien.
Adopted - 4/0
To be accepted by Al,
Proclamation for National Fair Housing Month.
Candace M. Tapscott.
Adopted - 4/0
To be accepted by Ms.
Proclamation for Child Abuse and Neglect Prevention Month. To be
accepted by Hallie Devlin.
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April 23, 2002
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Adopted - 4/0
E. Proclamation honoring John H. Boldt, P.E., P.S.M., Collier County
Stormwater Management Director.
Adopted - 4/0
SERVICE AWARDS
Presented
Five-Year Attendees:
1) Dennis Snyder, Parks and Recreation
2) Tabatha Butcher, Emergency Medical Services
Ten-Year Attendees:
3) Christine Crato, Emergency Medical Services
Fifteen-Year Attendees:
4) Robert Thurston, Planning Services
5) Cheryl Soter, Planning Services
Twenty-Year Attendees:
6) Marilyn Matthes, Library
PRESENTATIONS
A. Presentation of the Phoenix Award to recognize EMS Department
Paramedics and EMS Paramedic/Firefighters.
Presented
PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
A. Public Comments on General Topics
1) Edward Ostalaza re Tall Pines Development
2) Frank Leife re Naples Manor property with existing liens
3) Beverly Brumquest re the over development of Naples with
inadequate infrastructure
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April 23, 2002
4)
5)
6)
Bob Krasowski re Solid/Zero Waste
Ty Agoston re Immokalee Road construction
Phil McGrath re Roads, Affordable Housing, CAT System Signs &
Cable Companies
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
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Approve a Resolution adopting the County's consolidated plan one-year
Action Plan FY 2002-2003 as required by the U.S. Department of Housing
and Urban Development (HUD) for the Community Development Block
Grant (CDBG) Program, authorize the HUI Department to hire one
additional staff member to implement and administer the CDBG Program,
and approve the FY 02-03 CDBG Program Administrative Budget.
Res. 2002-214 Adopted w/changes - 4/0
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To obtain Board authorization and approval of an Ordinance to increase the
Isle of Capri Municipal Rescue and Fire Services Taxing District Millage
Rate to up to two mills.
Ord. 2002-19 Adopted w/changes - 4/0
BOARD OF COUNTY COMMISSIONERS
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Recommendation to declare vacancies on the Black Affairs Advisory Board.
Res. 2002-215 Adopted 3/0 (Commissioners Carter & Fiala out)
Appointment of members to the Environmental Advisory Council.
Res. 2002-216 appointing Kenneth Hnmiston & Erica Lynne - Adopted
3/0 (Commissioners Carter & Fiala out)
Appointment of members to the County Government Productivity
Committee.
Res. 2002-218 Appointing Joseph Swaja, P.K. Misra & Joseph Mumaw
- Adopted 4/0
Update on Clam Farming efforts in Collier County and a request for the
Board to authorize a letter supporting the effort and requesting assistance
from the Commissioner of Agriculture. (Commissioner Coletta)
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April 23, 2002
Approved 4/O
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Added:
H.
Added:
I.
Appointment of member to the Health and Human Services Advisory
Committee.
Res. 2002-217 Appointing Dr. Carl J. Sheusi- Adopted 4/0
Ethics audit for Collier County Government:
(Commissioner Coletta)
Approved w/costs not to exceed $500 - 4/0
Proposal for Scope of Work.
Request to have Board of County Commissioners reconsider the budgetary
limits for redistricting protests. (Commissioner Coyle)
Cost not to exceed $15,000.00 and County Attorney to come back to the
BCC if additional funding is needed - 4/0
Recommendation to have the BCC direct the County Manager to amend the
irrigation ordinance to provide additional opportunities for people to hand
water and to authorize the Chairman to write a letter requesting Marco
Island, Golden Gate City, OrangeTree, Immokalee and Port of the Islands to
voluntarily impose the same restrictions on their communities.
Approved with changes - 4/0
Request that the Board of County Commissioneres authorize the Chair to
sign and send a letter to the ACOE and the Collier County Congressional
delegation regarding the funding for the Everglades restoration project.
(Commissioner Coletta)
Approved - 4/0
Added:
J.
10.
A request to authorize the sale of alcohol at the Immokalee Airport as
requested by the Cinco de Mayo organizing committee and to waive the
sixty day waiting period. (Commissioner Coletta).
Approved - 4/0
COUNTY MANAGER'S REPORT
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Board consideration of Tourist Development Council recommendation for
Board approval of additional FY01/02 funding of $250,026.00 for tourism
April 23, 2002
advertising from FY01/02 Reserves.
Community Development)
Approved - 4/0
(Joseph K. Schmitt, Administrator,
Bo
Authorization for implementation of a modification to the 2001 Wastewater
Master Plan Update in the amount of $3,300,000. (Tom Wides, Interim
Public Utilities Administrator)
Approved - 4/0
Moved from Item #16Al
C. Award a Professional Services Contract for consultant services under RFP
02-3293 in the amount of $73,350.00 to the Gail Easley Company for update
of the Collier County Land Development Code.
Approved subject to receiving Disclosure Statement - 4/0
Moved from Item #16A6
D. Authorize the Community Development Administrator to begin the RFP
process to select firms for "Fixed Term Professional Planning Services"
contracts for upcoming Planning Services as needed.
Approved with changes - 4/0
11. AIRPORT AUTHORITY
12.
13.
14.
COUNTY ATTORNEY'S REPORT
OTHER CONSTITUTIONAL OFFICERS
FUTURE AGENDAS
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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 - 4/0 (Commissioner Carter out)
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April 23, 2002
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Moved to Item #10C
1) Award a Professional Services Contract for consultant services under
RFP 02-3293 in the amount of $73,350.00 to the Gail Easley
Company for update of the Collier County Land Development Code.
2) This item has been deleted.
3)
4)
5)
Code Enforcement Lien Resolution Approvals.
Resolutions 2002-188 through 2002-202
Approve a Budget Amendment recognizing additional carry forward
in the amount of $490,600 in the Affordable Housing Trust Fund.
Board approval of two permanent positions within the Community
Development and Environment Services Division to meet increased
workload demands.
Moved to Item #10D
6) Authorize the Community Development Administrator to begin the
RFP process to select firms for "Fixed Term Professional Planning
Services" contracts for upcoming Planning Services as needed.
B. TRANSPORTATION SERVICES
1)
Adopt a Resolution authorizing the acquisition by gift or purchase of
right-of-way in fee simple title, as well as perpetual, non-exclusive
drainage and utility easements and temporary driveway restoration
easements and temporary construction easements which will be
required for the construction of roadway, drainage, and utility
improvements required for the six-laning of Golden Gate Parkway
between Airport Road and Santa Barbara Boulevard, C.I.E. No. 73
(Project No. 60027). Fiscal Impact: $3,636,000.
Resolution 2002-203
2)
Approve an Easement Agreement and accept a Drainage Easement for
the Lely Stormwater Improvement Project, not to exceed $1,200.00.
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April 23, 2002
3)
Establishment of a "No Fishing" restriction on Bridge Number
030210, Plantation Parkway over the Everglades Drainage Canal.
Two signs will be required and will cost approximately $200.
Resolution 2002-204
Deleted:
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4)
Approve a Budget Amendment for the Radio Road at Davis
Boulevard intersection improvements, Project No. 65031.
Request that the Board accept a donation of six (6) benches and
memorial plaques on behalf of the Vanderbilt Beach Municipal
Services Taxing Unit (MSTU) Beautification Advisory Committee
and authorize the installation and placement at the location
determined by the MSTU Advisory Committee.
6)
Approve a Budget Amendment for the Tropicana Boulevard Project in
the amount of $29,000 from operating in the Golden Gate Municipal
Services Taxing Unit (MSTU) Fund 136.
7)
Approve an amendment to a Developer Contribution Agreement with
WCI Communities to permit an extension of time for construction of
golf cart underpass and provide for liquidated damages.
8)
Approve an Easement Agreement and acquire drainage easements at a
cost of $27,304.00 for Stormwater Facility Improvements and
Maintenance to the Lake Kelly Outfall Ditch (Project No. 31801).
9)
Board authorization to prepare and advertise an Ordinance to permit
the expenditure of road impact fees between and among adjacent
Collier County Road Impact Fee Districts.
10)
Award RFP 02-3346 - Standardization of decorative county street
lights to architectural area lighting where MSTU or other funding is
available from other standard street lights.
PUBLIC UTILITIES
1)
Approve the Satisfaction of Lien documents filed against Real
Property for Abatement of Nuisance and direct the Clerk of Courts to
record same in the Public Records of Collier County, Florida. Fiscal
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Impact is $69.00 to record the Liens.
2)
Adopt the Resolution approving the Satisfaction of Liens for Solid
Waste Residential Accounts wherein the County has received
payment and said liens are satisfied in full for the 1991 Solid Waste
Collection and Disposal Services Special Assessments. Fiscal Impact
is $28.50 to record the liens.
Resolution 2002-205
3)
Adopt a Resolution approving the Satisfaction of Liens for Solid
Waste Residential Accounts wherein the County has received
payment and said liens are satisfied in full for the 1992 Solid Waste
Collection and Disposal Services Special Assessments. Fiscal Impact
is $24.00 to record the liens.
Resolution 2002-206
4)
Adopt a Resolution approving the Satisfaction of Liens for Solid
Waste Residential Accounts wherein the County has received
payment and said liens are satisfied in full for the 1993 Solid Waste
Collection and Disposal Services Special Assessments. Fiscal Impact
is $24.00 to record the liens.
Resolution 2002-207
5)
Adopt a Resolution approving the Satisfaction of Liens for Solid
Waste Residential Accounts wherein the County has received
payment and said liens are satisfied in full for the 1994 Solid Waste
Collection and Disposal Services Special Assessments. Fiscal Impact
is $30.00 to record the liens.
Resolution 2002-208
6)
Adopt a Resolution approving the Satisfaction of Liens for Solid
Waste Residential Accounts wherein the County has received
payment and said liens are satisfied in full for the 1995 Solid Waste
Collection and Disposal Services Special Assessments. Fiscal Impact
is $58.50 to record the liens.
Resolution 2002-209
7)
Adopt a Resolution approving the Satisfaction of Liens for Solid
Waste Residential Accounts wherein the County has received
payment and said liens are satisfied in full for the 1996 Solid Waste
April 23, 2002
Collection and Disposal Services Special Assessments.
is $76.50 to record the liens.
Resolution 2002-210
Fiscal Impact
8)
9)
Approval of an Assignment of Lease between NTC Development,
Ltd., and Carlton Lakes, LLC, with no fiscal impact to the County.
This item has been deleted.
10)
11)
Award Contract #02-3313 "Fixed Term Professional Geographic
Information Services (GIS)" to the following firms: 3001 Inc.,
Johnson Engineering Inc., and Wilson Miller, Inc., the total FY02
Award for these contracts total $747,267.
Ratify Deputy County Manager's approval of emergency purchase
order to Trisep Corporation and appropriate funds in the amount of
$56,600 for the purchase of reverse osmosis membranes at the North
County Regional Water Treatment Plant.
12)
Approve remediation tasks for Naples Landfill Gun Range, restoration
of Cells 1 and 2, and provide Geo-Technical/Environmental Support
and execute the tasks by piggybacking Tampa Port Authority Contract
#01-1401-01 with Professional Service Industries Inc., in the amount
of $468,936.
D. PUBLIC SERVICES
1)
Adopt a Resolution appointing officers to the Collier County
Agricultural Fair and Exposition, Inc., Board of Directors for 2002-
2003.
Resolution 2002-211
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2)
Approve Change Order #1 with Bradanna, Inc., in the amount of
$63,589.47 and approve Budget Amendment in amount of $70,000 for
Tigertail Beach Concession Project.
ADMINISTRATIVE SERVICES
1)
Report to the Board of County Commissioners concerning the sale
and transfer of items associated with the County Surplus Auction of
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April 23, 2002
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March 16, 2002, resulting in $335,419.20 in net revenues.
2)
Award Contracts #02-3324 "Fixed Term Professional Surveying and
Photogrametric Services" to the following firms: Wilson Miller,
Wilkison and Associates, Southern Mapping, Johnson Engineering, Q.
Grady Minor and Associates (estimated annual amount $225,000).
3)
Approval of a First Amendment to Lease Agreement between Sprint-
Florida, Incorporated, and Collier County to reduce the leased area
and FY01/02 rental income by $715 annually.
4)
Authorize the Collier County Purchasing Department to issue a
Purchase Order under State Contract #250-04 0-99-1 in the amount of
$49,985.21 to Avaya Communications for the new Immokalee Jail
Center Phone System.
EMERGENCY SERVICES
1)
Approval of a Lease Agreement between North Naples Fire Control
and Rescue District and Collier County for shared use of Station #46
at an annual rent of $15,910.00 and a $22,539.17 total budget impact
during FY01/02.
2)
Approve proposed revisions to the by-laws of the Emergency Medical
Services Advisory Council and authorize the County Attorney to
prepare the required resolution.
Resolution 2002-212
G. COUNTY MANAGER
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1)
Approval of Budget Amendment Report - Budget Amendment #02-
279 (General Fund 001, Health Care Responsibility Act, $20,000).
AIRPORT AUTHORITY
1)
Approve acceptance of an Aviation Grant and transfer of matching
amount from Reserves.
Added:
BOARD OF COUNTY COMMISSIONERS
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April 23, 2002
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1) Confirmation of member to the Coastal Advisory Committee. (Staff
request.)
Res. 2002-213 appointing Ron Pennington
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
OTHER CONSTITUTIONAL OFFICERS
1) That the Board of County Commissioners authorize the addition of a
full time pretrial officer in the Courts' Probation and Parole
Department at a cost of $32,478.
2) Request for funds in the amount of $377,600 for structures to
temporarily house the overflow of inmate population at the Naples Jail
Center.
3)
4)
The Finance and Accounting Department seeks authorization from the
Board of County Commissioners to file the State of Florida Annual
Local Government Financial Report for the Fiscal Year 2000-2001 as
required by Florida Statute 218.32.
Recommendation that the Board of County Commissioners re-
appropriate investigation funding in the amount of $63,808.36 from
the Florida Violent Crime and Drug Control Council to the Sheriff's
Office.
s)
Authorization to renovate the Reverend Dr. Martin Luther King
Jr./Supervisor of Elections Building in the amount of $103,000.
COUNTY ATTORNEY
1)
2)
Recommendation that the Board of County Commissioners approve
the release of three (3) units for occupancy as a partial settlement of
Shader-Lombardo Investments, LLC v. Collier County, Case No. 01-
4135-CA-HDH (i.e. Vanderbilt Villas Lawsuit).
Recommendation that the Board ratify and authorize the County
Attorney's Retention of Expert Witnesses/Consultants for the County
April 23, 2002
17.
in Aquaport, LC v. Collier County, Case No. 2:01-CV-341-FTM-
29DNF in the United States District Court for the Middle District of
Florida, exempt the County Attorney from the purchasing policy and
waive the requirements of the Consultants' Competitive Negotiation
Act due to an emergency if and to the extent the purchasing policy or
the Consultants' Competitive Negotiation Act are applicable, and
authorize the Chairman to sign any necessary retention documents.
3)
Approve the Stipulated Final Judgment relative to the Easement
Acquisition of Parcel 315 in the Lawsuit entitled Collier County v.
Wilfredo Maribona, et al, (Golden Gate Boulevard, Project No.
63041).
Staff to deposit the sum of $180.00 into the Registry of the Court.
4)
Authorize the making of an Offer of Judgrnent to Respondents, Robert
B. and Ruth E. Stirling, for Parcels 179 and 179T in the amount of
$11,400.00 in the Lawsuit styled Collier County v. Dr. Francisco O.
Corrina, et al, Case No. 00-0936-CA, Golden Gate Boulevard Project
63041.
$4,900 to be paid into the Registry of the Court
5)
Authorize the making of an Offer of Judgment to Respondents,
Douglas Terry, Individually and as Personal Representative of the
Estate of David Terry, and Duane Terry, for Parcel 203 in the amount
of $1,000.00 in the Lawsuit Styled Collier County v. Douglas Terry,
et al, Case No. 00-1297-CA. Project No. 63041.
$400.00 to be paid into the Registry of the Court.
6)
Recommendation that the Board of County Commissioners approve a
Budget Amendment to pay for minor security recommended
alterations of the office space allocated to the Office of the County
Attorney.
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
April 2:3, 2002
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.
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Adoption of an Ordinance establishing the Lake Trafford Restoration Task
Force; providing for creation and intent; providing functions, powers and
duties; providing for appointment and composition, terms of office,
attendance and filling of vacancies; providing for removal from office for
failure to attend meetings; providing for officers, quorum and rules of
procedure; providing for review process; providing for conflict and
severability; providing for inclusion in Code of Laws and Ordinances; and
providing for an effective date.
Ordinance 2002-18
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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April 23, 2002