Agenda 08/10/2004 Absentia
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
(ABSENTIA)
August 1 0, 2004
9:00 AM
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chairman, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
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. 2003-53, AS AMENDED 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
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August 10, 2004
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 RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED 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
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
3. SERVICE AWARDS
4. PROCLAMATIONS
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
10. COUNTY MANAGER'S REPORT
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
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August 10, 2004
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to increase a grant agreement with the U.S. Fish and
Wildlife Service for the treatment of invasive exotic plants by
$50,000. The new total amount will now be $100,000.
2) Recommendation to establish the FY04 budget for the Conservation
Collier Land Management Trust Fund by transferring $1,644,100
from the Conservation Collier Land Acquisition Trust Fund consistent
with the requirements of the Ordinance 2002-63 that implements the
Conservation Collier Program.
B. TRANSPORTATION SERVICES
C. PUBLIC UTILITIES
1) Recommendation to approve the budget amendment associated with
Florida Department of Environmental Protection (FDEP) Contract No.
GC623 for contract administration and remediation services for the
clean up of petroleum-contaminated sites throughout Collier County
in the amount of$99,600.
2) Recommendation to approve the Memorandum of Understanding with
Waste Management Inc. of Florida to load, transport and dispose of
municipal solid waste from the Immokalee Landfill to the
Okeechobee Landfill.
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August 10, 2004
D. PUBLIC SERVICES
E. ADMINISTRATIVE SERVICES
1) Request Board approval of a correction to a previous Executive
Summary misstating the contribution from the Collier County
Sheriff s Office for a project to enhance the coverage of the public
safety radio system inside school buildings.
2) Recommendation to approve additions to and deletions from the 2004
Fiscal Year Pay and Classification Plan made from July 12, 2004
through July 30, 2004.
F. COUNTY MANAGER
1) Recommendation to approve Supplemental Work Order # 1 for the
Forest Lakes Roadway and Drainage MSTU to Quality Enterprises
USA, Inc., in the amount of$8,125.00.
2) Recommendation to award Bid #04-3699- "Copying the Agenda for
the Collier County Board of County Commissioners" in the estimated
annual amount of$45,000.
3) Recommendation to accept the Ford Fleet Test Bailment Contract
which provides for the use of a vehicle to transport Veterans to VA
medical appointments.
4) Recommendation to approve a budget amendment establishing a new
operating fund for the Law Library.
G. AIRPORT AUTHORITY AND/ORBAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
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August 10, 2004
1) Authorize the making of an Offer of Judgment to Respondent, Nellie
Whitehurst, for Parcel No. 15 in the amount of$37,000.00 in the
lawsuit styled Collier County v. John Frank Sudal, et aI., Case No.
5168-CA (Immokalee Road Project No. 60018)
2) Recommendation that the Board of County Commissioners approve
an addendum to contract with Municipal Code Corporation for
additional services for the Code of Laws and Ordinances and
publication of the County's Land Development Code and approve the
necessary budget amendments.
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
RECOMMENDA TION 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. FOR THOSE ITEMS, WHICH ARE
QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN
IN.
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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August 10, 2004
EXECUTIVE SUMMARY
Recommendation to authorize the chairman to sign a modification to an
agreement with the U.S. Fish and Wildlife Service increasing funding by
$50,000.
OBJECTIVE: To have the Board of County Commissioners authorize the Chairman to sign the
grant modification with the U.S. Fish and Wildlife Service (USFWS) to provide an additional
$50,000 in grd11t funds for the removal of invasive exotic vegetation from County Road 92 and
US 41.
CONSIDERATION: The USFWS has offered Collier County an additional $50,000 through the
Partners for Wildlife Program. The funds will be used to remove invasive exotic vegetation from
County lands bordering preserve areas of the 10,000 Islands National Wildlife Refuge, Picayune
Strand State Forest, and Collier Seminole State Park. Removal of the exotic vegetation will
benefit threatened and endangered wildlife residing in the preserve areas as well as aiding in the
exotic vegetation removal efforts of the cooperating agencies.
FISCAL IMPACT: Collier County will receive an additional $50,000 in reimbursable USFWS
funds. This will increase the total grant amount to $100,000. This is a 100% reimbursement grant
and no matching funds are required. This modification was not incorporated into current FY04
budget. A budget amendment will be processed to reflect the increased revenues and expenses
within the Natural Resources Granls Fund 117.
GROWTH MANAGEMENT IMPACT: The project will support Objective 7.3 of the
Conservation and Coastal Management Element which requires the County to continue to
implement programs that conserve and protect endangered and threatened wildlife species.
RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to
sign the U.S. Fish and Wildlife Service Partners grant modification increasing the agreement by
$50,000 to a total of $100,000 and to approve the necessary budget amendments.
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EXECUTIVE SUMMARY
Recommendation to establish the FY04 budget for the Conservation Collier Land
Management Trust Fund by transferring $1,644,100 from the Conservation Collier Land
Acquisition Trust Fund consistent with the requirements of the Ordinance 2002-63 that
implements the Conservation Collier Program.
OBJECTIVE: To establish the FY04 budget for the Conservation Co11ier Land Management
Trust Fund.
CONSIDERATION: In November 2002, the voters approved a referendum that authorized the
County to issue bonds up to $75,000,000 to acquire, preserve and manage environmenta11y
sensitive lands for the protection of water resources, wildlife habitat and public open space.
Subsequent to the referendum the Board of County Commissioners adopted Ordinance 2002-63
to implement the program.
Ordinance 2002-63 created the Conservation Collier Land Management Trust Fund for the
preservation, enhancement, restoration, conservation and maintenance of environmental1y
sensitive lands that either have been purchased with monies from the Lands Acquisition Trust
Fund, or have otherwise been approved for management. The Conservation Collier Land
Management Trust Fund shall receive monies from the fol1owing sources:
a. Ad-valorem taxes col1ected for Conservation Co11ier in an amount not to exceed 15% of the
total collected in anyone year.
b. All monies accepted by Collier County in the form of federal, State, or other governmental
grants, allocations, or appropriations, as well as foundation or private grants and donations,
for management of lands acquired with the Conservation Collier Acquisition Trust Fund or
otherwise approved for management.
c. Additional allocations as may be made by the Board of County Commissioners as necessary
from time to time for purposes strictly consistent with the goals and purposes of
Conservation Collier.
d. All interest generated from the sources identified herein, except where monies received have
been otherwise designated or resu1cted.
Disbursements from the Conservation Collier Land Management Trust Fund shall be made by
the County Manager or his or her designee only in accordance for the authorized purposes set
forth in Ordinance 2002-63.
Now that the County has purchased properties and is in the process of creating the required land
management plans, the Land Management Trust Fund and budget needs to be established.
FISCAL IMPACT: Fifteen percent (15%) of the ad-valorem taxes collected for the
Conservation Collier program for FY04 amounted to $1,644,100 and will be transferred from the
Lands Acquisition Trust Fund to the Land Management Trust Fund. Because the County has
already acquired properties, an expense budget for FY04 is also needed. Accordingly, staff
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recommends that $10,000 be budgeted for Contractual Services within the FY04 Land
Management Trust Fund budget.
GROWTH MANAGEMENT IMPACT:
Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in
the Conservation and Coastal Management Element of the Collier County Growth Management
Plan.
RECOMMENDATION: That the Board of County Commissioners establish the Conservation
Collier Management Trust Fund by transferring $1,644,100 from the Conservation Collier Land
Acquisition Trust Fund, establishing a $10,000 Operating Budget in the Land Management Trust
Fund for FY04, and approve the necessary budget amendments.
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EXECUTIVE SUMMARY
Recommendation to approve the budget amendment associated with Florida Department
of Environmental Protection (FDEP) Contract No. GC623 for contract administration and
remediation services for the clean up of petroleum-contaminated sites throughout Collier
County in the amount of $99,600
OBJECTIVE: To have the Board of County Commissioners (BCC) approve the budget
amendment for Contract No. GC623 between the County and the Florida Department of
Environmental Protection (FDEP). Contract GC623 was approved by the BCC on July 1,2001
and remains in effect until June 30, 2005, to clean petroleum contaminated sites in Collier
County.
CONSIDERATION: Since 1990 the Pollution Control & Prevention Department has been
providing contract administration and remediation services for the clean up of petroleum-
contaminated sites throughout Collier County under a contract with the FDEP. Annually, the
contract between the FDEP and the County has been revised, amended or re-negotiated to reflect
the changing fiscal, legal or legislative conditions and requirements. The budget amendment
reflects the services anticipated for the State fiscal year July 1,2004 through June 30, 2005.
Approval of this agreement by the County Manager is subject to formal ratification by the Board
of County Commissioners. If the Board does not ratify the decision by the County Manager, this
agreement shall be enforceable against Collier County only to the extent authorized by law in the
absence of such ratification by the Board.
FISCAL IMPACT: FDEP will reimburse the County for work based on the same fixed fee for
each site. This contract will cover the cost of 42 site inspections. The budget amendment is
needed in order to continue operations associated with Contract GC623. Task Assignment No.4
for GC623 was received in June 2004 for the State fiscal year July 1,2004 through June 30, 2005
in the amount of $99,600. This program is included in Miscellaneous Grants Fund (116).
GROWTH MANAGEMENT IMPACT: Clean-up of petroleum contaminated sites are
consistent with Objective 1.5 of the Natural Groundwater Aquifer Recharge sub-element of the
Public Facilities Element of the County's Growth Management Plan. It also satisfies the
objectives of the Ground Water Protection Ordinance.
RECOMMENDATION: Authorize staff to process the necessary budget amendment to
implement the FDEP Contract No. GC623 in the amount of $99,600.
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EXECUTIVESU~ARY
Recommendation to approve the Memorandum of Understanding with Waste
Management Inc. of Florida to load, transport and dispose of municipal solid waste
from the Immokalee Landfill to the Okeechobee Landfill.
OBJECTIVE: That the Board of County Commissioners (Board) approve the attached
Memorandum of Understanding (MOU) pursuant to Landfill Operation Agreement as
amended with Waste Management Inc. of Florida (WMIF) to set the rate to load,
transport and dispose of municipal solid waste (MSW) from the Immokalee Landfill to
the Okeechobee Landfill, and direct the County Manager to execute the agreement.
CONSIDERATIONS: The Immokalee Landfill has reached its capacity. The Landfill
Operation Agreement dated February 7, 1995 ("LOA") requires WMIF to construct a
transfer station to receive and then transport the MSW to the Naples Landfill for disposal
at no additional cost to the County.
In addition, the Second Amendment to Landfill Operation Agreement dated June 12,
2001 ("LOA 2nd,,) with WMIF allows for the loading and transportation of MSW from
the Naples Landfill for disposal at the Okeechobee Landfill for $54.00 per ton.
WMIF has agreed to a reduced and adjusted cost option to the County. WMIF will load,
transport and dispose of MSW from the Immokalee Landfill to the Okeechobee Landfill
at a rate of $ 42.48 per ton with terms and conditions identified in LOA and LOA 2nd.
The total adjusted fee of $ 42.48 per ton is calculated in accordance with and pursuant to
the Board approved contracts as amended. The total fee is adjusted to reflect the
difference in distance in miles between the Immokalee and Naples landfills.
The diversion of MSW from the Immokalee Landfill to the Okeechobee Landfill is
consistent with the Integrated Solid Waste Management Strategy, and will preserve air
space in the Naples Landfill.
Approval of this agreement by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the Board does not ratify the decision by the County
Manager, this agreement shall be enforceable against Collier County only to the extent
authorized by law in the absence of such ratification by the Board.
FISCAL IMPACT: Funds are available in Solid Waste Disposal Fund 470. The
additional cost associated with transferring MSW from the Immokalee landfill to the
Naples Landfill is $4.6 million for the life of the Landfill. The net present value of the
preserved airspace (disposal) capacity is approximately $6.2 million. Therefore, the
overall positive cash now under this option is approximately $1.6 million to the County
and two years of extended Landfill Life.
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GROWTH MANAGEMENT IMPACT: This action is consistent with the Solid Waste
Sub-Element of the Growth Management Plan as presented in the Annual Update and
Inventory Report (AUIR). The diversion of MSW from the Immokalee Landfill to the
Okeechobce Landfill is anticipated to prcscrve approximately 10% of the disposal
(airspace) capacity at the Naples Landfill which extends available airspace (disposal)
capacity to 2026 (See Exhibit I). Furthermore, diversion of the MSW to the Okeechobee
Landfill will avoid adding traffic from the current heavy truck traffic load on Immokalee
Road.
RECOMMENDATION: That the Board of County Commissioners
(1) approve the Memorandum of Understanding, and (2) authorize the County Manager
to execute same which will authorize the diversion of MSW from the Immokalee Landfill
to thc Okecchobcc Landfill.
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EXECUTIVE SUMMARY
Recommend approval of a correction to a previous executive summary that incorrectly stated
the contribution from the Collier County Sheriff's Office for enhancing the coverage of the
public safety radio system inside school building.
OBJECTIVE: To correct the record regarding the contribution from the Collier County Sheriff s
Office (CCSO) to a cooperative project between the Board of Commissioners, the School Board,
and the CCSO which was incorrectly stated due to a clerical error on a previous executive summary.
The project involves enhancing the 8m MHz public safety radio system for better radio coverage
inside several schools.
CONSIDERATIONS: The executive summary of the June 22, 2004 board meeting, item 16 E 1
incorrectly stated the CCSO's contribution toward the project as $78,000. The actual contribution
form the CCSO is $87,000.
FISCAL IMPACT: No impact. This purpose of this executive summary is to correct the record.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve this executive
summary to correct the record.
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EXECUTIVE SUMMARY
Recommendation That The Board of County Commissioners Approve An
Addendum To Contract With Municipal Code Corporation For Additional Services
For The Code Of Laws And Ordinances And Publication Of The County's Land
Development Code And Approve The Necessary Budget Amendments
OBJECTIVE: That the Board of County Commissioners approve an Addendum to
Contract with Municipal Code Corporation for additional services for the Code of Laws
and Ordinances and publication of the County's Land Development Code and approve
the necessary budget amendments.
CONSIDERATIONS: On September 22, 1992, the Board of County Commissioners
entered into a Professional Services Agreement with Municipal Code Corporation to
"codify the County's material in accord with the terms and conditions of the County's
Request for Proposal #92-1313." With the changes in technology over the years, it is
prudent to make changes to the contract that will allow the County to utilize the most
effective methods and tools available.
Some of the additional services provided to the county will include: a sample ordinance
service; reprint pamphlets that will keep the printed code volumes current; update of
state law references; the Code of Laws and Ordinances (Code) and the Land
Development Code (LDC) will be furnished electronically; electronic supplementation
will be provided for both the Code of Laws and Ordinances and the Land Development
Code; and both the Code of Laws and Ordinance and the Lade Development Code, as
well as newly enacted ordinances intended for either of those publications will be almost
immediately be posted on the Municipal Code Corporation website.
Presented below are comparisons' of the Code and LDC supplement expenses,
distribution costs, and revenues received for 2002 and 2003 (as provided by Municipal
Code Corporation).
Supplements to Code - 2002
Revenue credited to County from Subscriber sales ............... $5,600.00
Supplement Cost......... ..................... ................ ......... .... ...... ($7,038.46)
Distribution Cost. ........... .... ....... ..... ......... ........... .... ..... ............. ($396.20)
Revenue in excess of Costs.................................................. ($1 ,834.66)
Supplements delivered: Supp No. 13
Supplements to Code - 2003
Revenue credited to County from Subscriber sales ............... $4,250.00
Supplement Cost.. ........... .... ............. .................. ................. ($10,385.56)
Distribution Cost....................................................................... ($582.06)
Costs in excess of Revenues................................................ ($6,717.62)
Supplements delivered: Supp Nos. 14 and 15
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Supplements to LDC - 2002
Revenue credited to County from Subscriber sales ............. $12,000.00
Supplement Cost........... ...... ......... ..... .... ..... ..... ...... ... ...... .... ($11 ,847.66)
Distribution Cost....................................................... ............. ($2,474.41)
Revenue in excess of Costs...................................... ............ ($2,322.07)
Supplements delivered: Supp Nos. 12, 13, and 14.
Supplements to LDC - 2003
Revenue credited to County from Subscriber sales..............$12,300.00
Supplement Cost......................................... .............. .......... ($14,379.06)
Distribution Cost........................................................ ............ ($1 ,774.23)
Costs in excess of Revenues.................................... ........... ($3,853.29)
Supplements delivered: Supp Nos. 15 and 16.
MCC will retain revenue when a subscriber buys a new Code and/or new LDC. The
County will retain the revenue for subscriber supplement services for the Code and/or
LDC. This program will eliminate the County from having the expense of maintaining an
inventory of Codes and LDC in the future, but at the same time be able to supplement
the expense of the supplement services to the Code and LDC in the future.
FISCAL IMPACT: There is no annual fee for supplements in either the Code of Laws
and Ordinances or the Land Development Code. Supplementing is done on a per page
cost based on the number of pages being supplemented.
The publication cost for the Land Development Code is $16,200 which is available from
General Fund Reserves. The 2004 impact will be the initial payment of $6,840. The
remainder of $9,360 will be in the 2005 budget. The additional (annual) supplemental
costs for the Code (less subscriber revenue) are expected to be approximately $7,000
and for the LDC the supplemental costs (less subscriber revenue) is expected to be
approximately $4,000.
There are minimal additional charges associated with the Addendum relating to
Electronic Supplementation and placement of the data on the web. The attached
quotation sheet (pages 11 thru 15 of the Addendum) from Municipal Code
Corporation details the costs associated with the Addendum to the Contract.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve an
Addendum to Contract with Municipal Code Corporation for additional services for the
Code of Laws and Ordinances and publication of the County's Land Development Code
and approve a budget amendment in the amount of $20,260 (see above).
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EXECUTIVE SUMMARY
Recommendation to approve additions to and deletions from the 2004 Fiscal Year Pay and
Classification Plan made from July 12, 2004 through July 30, 2004.
OBJECTIVE: For the Board of County Commissioners to approve additions to and deletions
from the 2004 Fiscal Year Pay and Classification Plan.
CONSIDERATION: Attached, as Exhibit 1, are proposed additions to and deletions from the
County's 2004 Fiscal Year Pay and Classification Plan that were made between July 12, 2004
and July 30, 2004. The additions result from organizational realignments, a resignation and the
addition of new job responsibilities that have occurred since the Pay and Classification Plan was
approved in September 2003. The deletions result from certain classifications becoming
obsolete.
FISCAL IMPACT: The results of this action will have a fiscal impact to the County for
minimal salary adjustments which are absorbed by individual departments.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve additions to and
deletions from the 2004 Fiscal Year Pay and Classification Plan.
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EXECUTIVE SUMMARY
Recommendation to award Bid #04-3699 - "Copying the Agenda for Collier
County Board of County Commissioners" in the estimated annual amount
of $45,000
OBJECTIVE: Obtain Board's approval to award Bid # 04-3699 for furnishing and
delivering copying services for the Collier County Board of County
Commissioners agenda.
CONSIDERATION: A request for bid was sent out on July 6, 2004 seventeen
(17) prospective bidders or the copying of the Board's agenda. Four (4) vendors
responded to the Request and Cecil's Copy Express was the lowest, qualified,
and responsive bidder.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this item.
FISCAL IMPACT: The fiscal impact of awarding this bid is in the estimated
amount of $45,000. Funds are budgeted and approved in Fund 111, Cost
Center 100130.
RECOMMENDATION: That the Board of County Commissioners award Bid #04-
3699 - "Copying the Agenda for the Collier County Board of County
Commissioners" to Cecil's Copy Express.
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EXECUTIVE SUMMARY
RECOMMENDATION TO ACCEPT THE FORD FLEET TEST BAILMENT
CONTRACT WHICH PROVIDES FOR THE USE OF A VEHICLE TO
TRANSPORT VETERANS TO V A MEDICAL APPOINTMENTS
OBJECTIVE: To accept a Ford Fleet Test Vehicle for the Veterans Transportation
Program.
CONSIDERATIONS: Ford Fleet Test is providing a 2004 Freestar test vehicle to assist
with the tmnsportation of veterans to V A medical appointments. The Collier County
Veteran's Transportation program is a cooperative program between the County and the
Veterans CounciL So far this fiscal year, the program has provided transportation to over
400 veterans to V A medical appointments at the Ft Myers Clinic and the Bay Pines VA
Medical Center. Many of our World War II and Korean War veterans rely on our service
because of distance and travel time to the Medical Center. The Freestar will give us the
flexibility to provide better servicc to the veterans in our community.
FISCAL IMPACT: Collier County will provide insurance and regular maintenance per
the Ford Fleet Test contract. Maintenance and insurance costs will amount to $10,100
per fiscal year (money not spent will revert to the General Fund). The duration of the
contract is for two years. There is no other cost for the vehicle.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this item.
RECOMMENDATION: That the Board authorize its Chairman to execute the Ford
Fleet Test Bailment Contract for a 2004 Freestar, said contract being in effect for a two
year peliod ending in 2006.
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EXECUTIVE SUMMARY
Recommendation to approve a budget amendment establishing a new operating fund for the
Law Library
OBJECTIVE:
To establish a new operating fund for thc Law Library consistcnt with changes resulting from
implementation of Article V court funding.
CONSIDERATION:
The Law Library operating fund was previously administered through the Clerk of Courts'
Bookkeeping Department and was funded by a surcharge on civil filing fees. The Article V court
funding legislation eliminated surcharges on civil filing fees. As a compromise, the legislation
provided for the imposition of $65 in additional court costs when a person pleads guilty or no contest
to, or found guilty of any felony, misdemeanor, or criminal traffic offensc undcr thc laws of this statc.
The additional funding must be allocated, in equal parts, for: (1) funding innovations court fee to fund
special programs of the court system; (2) legal aid programs; (3) local law libraries; and (4) alternative
juvenile programs. The Board adopted Ordinance 04-42 on June 22, 2004 imposing the $65
additional court costs.
As of June 30, 2004 the Clerk will no longer administer this fund. Therefore, a new Law Library
Fund (640) must be established in the Board Agency to provide budget appropriations for expenses
associated with law library operations for the remaining three months of FY 04.
FISCAL IMPACT:
There is residual cash amounting to $39,736.90 in Law Library Fund (641) that was administered by
the Clerk of Courts. In addition, $5,588.43 in court costs was collectcd during the month of July for
law library operations. A budget amendment is required to appropriate $39,737 in residual equity
plus an additional $15,588 in estimated court costs for the period from July through September 2004.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management impact associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners:
1. Approves the budget amendment establishing a new operating budget for the Law Library
Fund (640); and,
2. Authorizes staff to close the old Law Library Fund (641) that was administered by the Clerk
of Courts.
Prepared by: Michael Smykowski, OMB Director
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EXECUTIVE SUMMARY
Recommendation to authorize the making of an Offer of Judgment to
Respondent, Nellie Whitehurst, for Parcel No. 153 in the amount of
$38,500.00 in the lawsuit styled Collier County v. John Frank Sudai, et ai.,
Case No. 02-5168-CA (Immokalee Road Project No. 60018).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to Respondent, Nellie Whitehurst ("Respondent"), in the amount of
$38,500.00, as full compensation, excepting attorney's fees and costs, for the fee simple
acquisition arising out of the condemnation of Parcel No. 153 in Collier County v. John Frank
Sudai, et ai., Case No. 02-5168-CA.
CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County
Circuit Court regarding the acquisition of Parcel 153 for the Immokalee Road Project (Project
No. 60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum
of $26,100.00 for Parcel 153 in accordance with the Order of Taking.
The Offer of Judgment, a copy of which is attached, offers the property owner the sum of
$38,500.00 as full compensation for the property taken, including interest, any severance
damages, business damages, damages to the remainder and costs to cure, but does not include
attorney's fees and other such costs. The making of the Offer of Judgment will require the
Respondent to carefully assess her claims for compensation. Respondent will have thirty days
from the date of mailing the offer to accept. If Respondent accepts, the County will be required
to deposit $12,400.00 into the registry of the Court, which will be paid to Respondent by
Stipulated Final Judgment of the court.
$38,500 represents an offer $2,500.00 above the final offer extended to the property owner at
mediation held on July 26, 2004. An impasse was reached at mediation and the case is
scheduled for trial in early November. On August 3,2004, the Court entered an Order for Non-
binding Arbitration, which requires the Petitioner to arbitrate before trial and will result in the
County incurring significant additional costs. If Respondent rejects this offer, and fails to
recover more than $38,500.00 for Parcel 153, either through settlement or jury verdict, the
County will not be required to pay any costs incurred by Respondent after the date of the offer's
rejection. This would include any expert witness fees, such as appraisal fees.
The County Attorney's Office has reviewed all considerations in making an Offer of Judgment
and has calculated in good faith this offer of full compensation for the property interests taken.
This office considers the terms of the Offer of Judgment to be reasonable.
FISCAL IMPACT: Funds in the amount of $12,400.00 are available in the FY 04 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
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RECOMMENDATION: That the Board of County Commissioners:
1. Approve the terms of the Offer of Judgment and authorize its service on Respondent;
2. Approve the expenditure of funds as stated, if the offer is accepted;
3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and
authorize payment accordingly.
2
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Hujust ID, 0-004
EXECUTIVE SUMMARY
Recommendation That The Board Of County Commissioners Approve An
Addendum To Contract With Municipal Code Corporation For Additional Services
For The Code Of Laws And Ordinances And Publication Of The County's Land
Development Code And Approve The Necessary Budget Amendments
OBJECTIVE: That the Board of County Commissioners approve an Addendum to
Contract with Municipal Code Corporation for additional services for the Code of Laws
and Ordinances and publication of the County's Land Development Code and approve
the necessary budget amendments.
CONSIDERATIONS: On September 22, 1992, the Board of County Commissioners
entered into a Professional Services Agreement with Municipal Code Corporation to
"codify the County's material in accord with the terms and conditions of the County's
Request for Proposal #92-1313." With the changes in technology over the years, it is
prudent to make changes to the contract that will allow the County to utilize the most
effective methods and tools available.
Some of the additional services provided to the County will include: a sample ordinance
service; reprint pamphlets that will keep the printed code volumes current; update of
state law references; the Code of Laws and Ordinances (Code) and the Land
Development Code (LDC) will be furnished electronically; electronic supplementation
will be provided for both the Code of Laws and Ordinances and the Land Development
Code; and both the Code of Laws and Ordinances and the Land Development Code, as
well as newly enacted ordinances intended for either of those publications will be almost
immediately be posted on the Municipal Code Corporation website.
Presented below are comparisons of the Code and LDC supplement expenses,
distribution costs, and revenues received for 2002 and 2003 (as provided by Municipal
Code Corporation).
Supplements to Code - 2002
Revenue credited to County from Subscriber sales ............... $5,600.00
Supplement Cost ................................................................. ($7,038.46)
Distribution Cost. ... .... ........ ..... .... ........ ...................... ......... ...... ($396.20)
Revenue in excess of Costs.................................................. ($1 ,834.66)
Supplements delivered: Supp No. 13
Supplements to Code - 2003
Revenue credited to County from Subscriber sales ............... $4,250.00
Supplement Cost................................................................. ($10,385.56)
Distribution Cost.... ... .... ........ ......... ........ ..... .... ........ ......... .... ..... ($582.06)
Costs in excess of Revenues ................................................ ($6,717.62)
Supplements delivered: Supp Nos. 14 and 15
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Supplements to LDC - 2002
Revenue credited to County from Subscriber sales ............. $12,000.00
Supplement Cost.......... ...................................................... ($11 ,847.66)
Distribution Cost....................................................... ............. ($2,474.41)
Revenue in excess of Costs...................................... ............ ($2,322.07)
Supplements delivered: Supp Nos. 12, 13, and 14.
Supplements to LDC - 2003
Revenue credited to County from Subscriber sales..............$12,300.00
Supplement Cost................................................................. ($14,379.06)
Distribution Cost........................................................ ............ ($1 ,774.23)
Costs in excess of Revenues.................................... ........... ($3,853.29)
Supplements delivered: Supp Nos. 15 and 16.
Pursuant to our meeting today MCC will retain revenue when a subscriber buys a new
Code and/or new LDC. The County will retain the revenue for subscriber supplement
services for the Code and/or LDC. This program will eliminate the County from having
the expense of maintaining an inventory of Codes and LDC in the future, but at the
same time be able to supplement the expense of the supplement services to the Code
and LDC in the future.
FISCAL IMPACT: There is no annual fee for supplements in either the Code of Laws
and Ordinances or the Land Development Code. Supplementing is done on a per page
cost based on the number of pages being supplemented.
The publication cost for the Land Development Code is $16,200 which is available from
General Fund Reserves. The 2004 impact will be the initial payment of $6,840. The
remainder of $9,360 will be in the 2005 budget. The additional (annual) supplemental
costs for the Code (less subscriber revenue) are expected to be approximately $7,000
and for the LDC the supplemental costs (less subscriber revenue) is expected to be
approxi mately $4,000.
There are minimal additional charges associated with the Addendum relating to
Electronic Supplementation and placement of the data on the web. The attached
quotation sheet (pages 11 thru 15 of the Addendum) from Municipal Code
Corporation details the costs associated with the Addendum to the Contract.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve an
Addendum to Contract with Municipal Code Corporation for additional services for the
Code of Laws and Ordinances and publication of the County's Land Development Code
and approve a budget amendment in the amount of $20,360 (see above).
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