Recap 04/11/2006 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
April 11, 2006
9:00 AM
Frank Halas, Chairman, District 2
Jim Coletta, Vice-Chairman, District 5
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Fred W. Coyle, Commissioner, District 4
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. 2004-05, 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
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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April 11, 2006
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 IMP AIRED 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
A. 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 - 5/0
B. November 1,2005 - Closed Session County Attorney Item l2A
Approved as presented - 5/0
C. March 7, 2006 - BCC/City of Naples Workshop
Approved as presented - 5/0
D. March 8, 2006 - BCC/District 1 Town Hall Meeting
Approved as presented - 5/0
E. March 14, 2006 - BCC/Regular Meeting
Approved as presented - 5/0
F. March 20,2006 - BCC/Flood Plain Management Workshop
Approved as presented - 5/0
G. March 29,2006 - BCC/EDC and Airport Authority Workshop
Approved as presented - 5/0
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April 11, 2006
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5-vear Award
1) Chuck Mohlke for services on the Health Facilities Authority.
Presented
4. PROCLAMATIONS
A. Proclamation designating April as Child Abuse Prevention Month. To be
accepted by Patrick Neale, President, Youth Haven Board of Trustees
Adopted - 5/0
B. Proclamation designating May 6th as Day of Grace. To be accepted by Matt
Raulerson.
Adopted - 5/0
C. Proclamation designating May 13 - 21, 2006 as Tourism Week in Collier
County. To be accepted by Jack Wert.
Adopted - 5/0
5. PRESENTATIONS
A. Presentation to the Board of County Commissioners Mr. Grover Whidden,
Florida Power and Light Company, concerning its system hardening
program.
Presented
6. PUBLIC PETITIONS
A. Public Petition request by Robert Felt to discuss replanting the Wilderness
entrance to repair Hurricane Wilma damage.
To be brought back at the April 25, 2006 BCC Meeting - Approved 5/0
B. Public Petition request by Connie Fullmer to discuss golf cart use on public
roads in the Community of Good1and, FL.
To be brought back at the May 9, 2006 BCC Meeting - Approved 5/0
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April 11, 2006
Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation to consider Adoption of an Ordinance Establishing the
Copper Cove Community Development District (CDD) pursuant to Section
190.005, Florida Statutes.
Motion to Continue to April 25, 2006 BCC Meeting - Approved 5/0
Moved from Item #17C
B. Request that the Board of County Commissioners adopt an ordinance to
amend Ordinance No. 75-11 regulating commercial carnivals and
exhibitions.
Ordinance 2006-16: Adopted w/changes (specifications) - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Forest Lakes Roadway and Drainage
Advisory Committee.
Resolution 2006-87: Re-appointing Robert H. Jones and Virginia M.
Donovan w/waiver of term limits - Adopted 5/0
B. Appointment of member to the Collier County Coastal Advisory Committee.
Resolution 2006-88: Appointing E. Glenn Tucker - Adopted 5/0
C. Appointment of member to the Radio Road Beautification Advisory
Committee.
Resolution 2006-89: Re-appointing Helen Carella - Adopted 5/0
D. Appointment of member to the Animal Services Advisory Board.
Motion to re-advertise - Failed 2/3 (Commissioner Henning,
Commissioner Fiala and Commissioner Coletta opposed);
Resolution 2006-90: Appointing Larry Greenberg - Adopted 4/1
(Commissioner Halas opposed)
E. Appointment of members to the Tourist Development Council.
Resolution 2006-91: Appointing Edward R. Olesky (w/waiver of Section
5 (D) of Ordinance No. 2001-55) and Rick Medwedeff - Adopted 5/0
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April 11, 2006
F.
Recommendation that the Board of County Commissioners consider and
provide any necessary direction regarding the method of Organization of
Board Office Staff. (Commissioner Coletta)
County Attorney to prepare a contract for the Office Manager of the
BCC, which also includes an annual evaluation to be done by the Board
of County Commissioners - Approved 4/1 (Commissioner Halas
opposed)
Added
G.
Request that the Board consider proclaiming April 25 and 26, 2006 as
Payment in Lieu of Taxes 30th Anniversary Recognition Days and authorize
the Chairman to sign the Proclamation
Proclamation Adopted - 5/0
10. COUNTY MANAGER'S REPORT
A. Recommendation to seek Board approval of an Amended and Restated
Developer Contribution Agreement with G.L. Homes of Naples for the
design and construction of Logan Boulevard between Vanderbilt Beach
Road and Immokalee Road in exchange for vesting and impact fee credits.
(Norman Feder, Administrator, Transportation Services)
Motion to accept agreement, but to remove paragraphs 3 & 4 of Exhibit
D - Approved 5/0
B. Recommendation to approve Professional Service Agreement No. 06-3931
for engineering and permitting services to be provided by Stanley
Consultants, Inc., for the four-laning of Golden Gate Boulevard from Wilson
Boulevard to Desoto Boulevard, Project No. 60040, in the amount of
$3,300,000.00. (Norman Feder, Administrator, Transportation Services)
Approved - 5/0
C. Recommendation to award Contract 06-3908 to Bradanna, Inc. in the
amount of $2,091 ,222.00 for construction of the upgrade of the scalehouse
facility and scales at the Naples Landfill and to approve the necessary
budget amendment, Project 59005. (Jim DeLony, Administrator, Public
Utilities)
Approved - 5/0
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April 11, 2006
Moved from Item #16B2
D. Recommendation for the final maintenance acceptance of plats generally
within Riviera Golf Estates that have received previous preliminary
acceptance from the Board of County Commissioners.
Approved - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Ken Thompson - EMS Trucks
B. Keith Tompkins - Property Manager of Eagle Creek Golf & Country
Club regarding road widening of 951 & FDOT deadlines
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 10:30 a.m. Status Report on F.S. Chapter 164
Proceedings in Reference to the Inverse Condemnation Lawsuit of Bernard
J. and Helen R. Nobel, and Vincent D. Doerr vs. Collier County, in Case No.
05-0064-CA and for further attempts by the Staffs of the South Florida
Water Management District, The State of Florida Division of Lands, and the
County to reach an Agreement in the Matter.
Motion to proceed with settlement agreement - eliminate the extensions-
give the people the land now to recreate on land while looking for 640
acres within 60 day grace period - Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mudd: Joint workshop with Collier County School Board
B. Pettit: Declare SPECIAL meeting of the BCC for the 4/17/06
Vanderbilt Beach Road Extension meeting
C. Pettit: Benefits package to extend to the County Attorney and the BCC
Offices (retroactive to 4/1/06) - Approved 4/0 (Commissioner Henning
out)
D. Fiala: Hearing Examiner - can it be done by Planning Commission?
E. Fiala: Riviera Golf Estates - could be for sale in the future
F. Henning: Would like an update on road projects and any delays due
from hurricanes
G. Mudd: Update coming on the County audit
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April 11, 2006
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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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Approved and/or adopted with changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation that the Collier County Board of County
Commissioners approve a resolution delegating authority to the
County Manager or his designee for the purpose of signing, for Collier
County as grantee, Transfer of Development Rights (TDR)
Conservation Easements.
Resolution 2006-84
2) Recommendation to approve an Interim Management Plan for the
School Board-Section 24 property under the Conservation Collier
Land Acquisition Program.
Located east of Golden Gate City, north of Brantley Blvd. and
east of Blue Sage Drive for a total acreage of 65 acres
3) Recommendation to approve for recording the final plat of Saba1 Bay
Commercial Plat Phase Three, approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
4) Recommendation to approve for recording the final plat of Heritage
Bay Phase Two-A, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
5) Recommendation to approve for recording the final plat of Golden
Gate Estates Unit 48 Tract 77 Replat.
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April 11, 2006
6) Recommendation to approve for recording the final plat of Reflection
Lakes at Naples Phase 2C, approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
7) Recommendation to approve for recording the final plat of Reflection
Lakes at Naples Phase 2D, approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
8) Recommendation to approve for recording the final plat of Reflection
Lakes at Naples Phase 3E, approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
9) Recommendation to award RFP #06-3906, Records Management
Services to Vital Records Control, LLC for an estimated annual
budget of $50,000.
For the storage and retrieval of the Community Development and
Environmental Services Division building permit files
B. TRANSPORTATION SERVICES
1) Recommendation that the Board of County Commissioners approve
the Landscape, Sidewalk, and Swale Maintenance Agreement
between II Rega10 Development and Collier County for the
improvements on Orange Blossom and Yarberry Lane.
For landscape installation and future maintenance improvements
Moved to Item #10D
2) Recommendation for the final maintenance acceptance of plats
generally within Riviera Golf Estates that have received previous
preliminary acceptance from the Board of County Commissioners.
3) Recommendation to approve the purchase of one (1) seventy-one (71)
passenger bus from Rivers Bus Sales, Inc. in the amount of $63,793 in
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April 11, 2006
accordance with the Florida Department of Education Contract #2005-
15.
To transport the inmate work force to/from the Correctional
Facility
4) Recommendation to approve the piggybacking of the City of West
Palm Bid #05/06-13 for the purchase of a Truck Mounted
Storm/Sewer Cleaning Machine from Environmental Products of
Florida in the Amount of $249,726.
To enhance daily repair and maintenance on County roadways
5) Recommendation to approve a Declaration setting aside county-
owned lands for road right-of-way, drainage and utility facilities.
(Fiscal impact: $18.50)
For a 40 ft. wide strip of land owned by Collier County located
across the entrance to the Calusa Park Elementary school
C. PUBLIC UTILITIES
1) Recommendation to Approve Removing Certain Accounts Receivable
in the Amount of $259,623.01 from the Public Utilities Division,
Utility Billing Sub-Ledger and to Write Off$137,762.05 of Public
Utilities Division Miscellaneous Accounts Receivable.
For bad debt write offs accumulated from 1978 to 2003
2) Recommendation to award Annual Contract for Well Drilling,
Testing, and Maintenance Contracting Services, pursuant to RFP 06-
3887, for (10) firms. (Estimated annual amount $6,000,000)
As detailed in the Executive Summary
3) Approve a Resolution authorizing the submission of a State Revolving
Fund low interest Construction Loan Application and authorizing the
Loan Agreement to the Florida Department of Environmental
Protection, and approve a change order to Purchase Order
4500045416 in the amount of $86,240.00 to Angie Brewer &
Associates, L.C. for the Reclaimed Water Aquifer Storage and
Recovery System Project, 74030.
Resolution 2006-85
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April 11, 2006
4) Recommendation to approve a budget amendment to transfer funds in
the amount of$275,000 from the Collier County Water-Sewer District
Operating Fund (408) Reserve for Contingencies to cover
unanticipated operating expenses in the Irrigation Quality (Reuse)
Cost Center.
Due to a series of unanticipated system failures within the water
distribution grid
D. PUBLIC SERVICES
1) Recommendation to approve a Tourist Development Council
Category A Grant Application in the amount of$79,848 and a Work
Order to The Chris-Tel Company for $57,848 for boardwalk repairs at
Tigertai1 Beach.
To keep public beach parks safe and attractive
2) Recommendation to approve an extension to the grace period for the
residency requirement for the Community Center Supervisor at
Golden Gate Community Center.
Extended through August 1, 2006
3) Recommendation to recognize additional revenue in the amount of
$1,500 and approve a budget amendment to increase the Client
Assistance budget.
Due to a reimbursement from a legal settlement from a former
Social Services client
4) Recommendation to accept donated funds in the amount of $2,000.00
and approve a budget amendment recognizing revenue and
appropriating funds for Golden Gate Community Center.
For funds donated by The Cool Cruisers of Southwest Florida
E. ADMINISTRATIVE SERVICES
1) Report to the Board of County Commissioners concerning the sale
and transfer of items associated with the County surplus auction of
March 11, 2006, resulting in $561,707.50 in gross revenues.
As detailed in the Executive Summary
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April 11, 2006
2) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of February 17, 2006 through March 16, 2006
3) Recommendation to confirm and consent to the re-assignment of
Contract No. 01-3276, Records Management Services from Document
Management Services, d/b/a Fi1estor, Inc. to Vital Records Control of
Florida, Inc.
Release of the original party from liability after effective date of
consent
4) Award Contract(s) #06-3929 Annual Contract for Architectural
Services to the following firms: Schenkel & Shultz, Inc., Victor J.
Latavish Architect, P A, BSSW Architects, Inc., CH2M Hill, Inc.,
Disney & Associates, P A and Harper Aiken Partners, Inc. Estimated
annual amount $1,000,000.
5) Recommendation to approve expenditures relating to travel associated
with educational advisory boards.
For networking opportunities, possible recruitment and
internships
F. COUNTY MANAGER
1) Recommendation to approve a Budget Amendment to replace a
damaged ambulance for the Emergency Medical Services Department
in the amount of $177,000, recognize and appropriate insurance
proceeds of$77,500, and appropriate $99,500 of Fund 490 reserves.
Due to a 2005 motor vehicle accident
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation to approve the creation of one 0.5 full time
equivalent (FTE) employee for the Marco Island Executive Airport.
Due to increased jet traffic
H. BOARD OF COUNTY COMMISSIONERS
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April 11, 2006
1) Commissioner Halas requests Board approval for payment to attend
function serving a valid public purpose to attend the Economic
Development Council of Collier County Exclusive Member Breakfast
on Wednesday, April 12, 2006; $21.52 to be paid from Commissioner
Halas' travel budget.
Held at the Hilton Naples from 7:30-9:00 a.m.
2) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the 3rd
Annual Florida Tradeport Briefing and Barbecue on March 31, 2006
at the Immoka1ee Regional Airport; $40.00 to be paid from
Commissioner Halas' travel budget.
For focus on the workforce and labor market in Immokalee and
Eastern Collier County; briefing 10:00-12:00 p.m. and barbeque
from 12:00 to 2:00 p.m.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence to file for record with action as
directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Board of County Commissioners Approve
an Agreement Authorizing the Collier County Sheriffs Office to have
Traffic Control Jurisdiction over Private Roads within the Satumia
Lakes Subdivision.
2) Recommend that the Board of County Commissioners serve as the
Local Coordinating Unit of Government in the Florida Department of
Law Enforcement's Fiscal Year 2007 Edward Byrne Memorial,
Justice Assistance Grant (JAG) Program and designate the Sheriff as
the Official Applicant, Sheriffs office staff as Grant Financial and
Program Managers, approve the Grant Application when completed,
and authorize acceptance of awards and associated budget
amendments.
Used for expenses associated with the Child Abuse/Sexual
Predator Program
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April 11 , 2006
3) Recommend that the Board of County Commissioners designate the
Sheriff as the Official Applicant and Program Point-of-Contact for the
United States Department of Justice, Office of Justice Programs,
Office of Juvenile Justice and Delinquency Prevention (OJJDP),
Field-Initiated Demonstration Program Grant, for the Sheriff to
electronically submit the application through the Federal Grants.Gov
web site, and for the Board to accept the Grant when awarded and
approve budget amendments.
To support the costs of a new juvenile delinquency program for
two years
K. COUNTY ATTORNEY
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 NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. Recommendation that the Board of County Commissioners of Collier
County, Florida, adopt an Ordinance amending Section 74-308 (g) of
Chapter 74 of the Collier County Code of Laws and Ordinances, as
amended, which is the Collier County Consolidated Impact Fee Ordinance,
No. 2001-13, providing for a change in the implementation date for the
annual indexing adjustments to the Correctional Impact Fee rates in order to
meet the implementation deadline of July 1, 2006 set forth by proposed
legislation.
Ordinance 2006-15
B. This item requires that all participants are sworn in and ex-parte
disclosure be provided bv Commission members. Petition A VPLA T2005-
AR8683 to disclaim, renounce and vacate the County's and the Public's
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April 11, 2006
interest in the 7.5 foot wide utility easement located along the east line of
Lot 50 and the east line of the north 55 feet of Lot 11 and in the 5 foot wide
utility easement located along the north 5 feet of Lots 11 and 12 and along
the south 5 feet of Lots 49 and 50, all in Block 61, according to the plat of
"Naples Park Unit No.5" as recorded in Plat Book 3, Page 14, Public
Records of Collier County, Florida, located in Section 28, Township 48
South, Range 25 East.
Resolution 2006-86
Moved to item #8B
C. Request that the Board of County Commissioners adopt an ordinance to
amend Ordinance No. 75-11 regulating commercial carnivals and
exhibitions.
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 11, 2006