Agenda 12/10/2013 Item #12A Proposed Agenda Changes
Board of County Commissioners Meeting
December 10,2013
Move Item 16A25 to Item 11I: Recommendation for the Board to consider a Memorandum of
Understanding(MOU)with the Community Foundation of Collier County(CFCC) to clarify
CFCC and County roles regarding acceptance of donations from the CFCC for the construction of
artificial reefs. (Staff's request)
Add On Item 12A:Recommendation that the Board of
County Commissioners authorizes the County Attorney to
enter into the attached Retainer Agreement with Nabors
Giblin & Nickerson to represent Collier County in an $1.9
million overpayment to the Florida Department of Juvenile
Justice. (County Attorney's request)
Add On Item 16A26: Recommendation to approve a release of lien in the amount of $31,330.86, for
payment of $23,976.96, in the Code Enforcement Action entitled Board of County Commissioners v. J.P.
Morgan Chase Bank, Code Enforcement Board Case No. CESD20130000542, relating to property located at
321 7`h St.NW,Collier County,Florida. (Staff's request)
Withdraw Item 16G4: Recommendation that the Board of County Commissioners,acting as the Airport
Authority,award Invitation to Bid(ITB) 13-6171 Sod Harvesting at Immokalee Airport for a minimum
license fee of Twenty Thousand Dollars($20,000)per year to Florida Sod,Inc.,and authorize the
Chairwoman to sign the attached Sod Harvesting License Agreement,pending FAA approval. (Staff's
request)
Note:
Item 16H5: Packet Page 2191 Memo refers to Mr.Weber's prior service on the Radio Road East MSTU
Board when in fact his prior service was on the Vanderbilt Beach MSTU Board(Commissioner Fiala)
Time Certain Items:
Item 5C to be heard at 10:00 a.m.,followed immediately by Items 10A, 10B, IOC, 10D, 10F and 10G
Item 11G to be heard at 3:00 p.m.
Item 10E to be heard at 3:30 p.m.
Item 11B to be heard at 9:30 a.m.,Wednesday,December 11,2013
--A-o ld on. 4-1
Teresa L. Cannon
From: Brock, Mary Jo
Sent: Monday, December 09, 2013 3:20 PM
To: Minutes and Records; Price, Len; Casalanguida, Nick; Yilmaz, George; Carnell, Steve;
Bartlett, Kristi; Flanagan, Jim; Hayes, Karen; Pettit,Jim; Scardino, Alexandra; Smith,
Camden
Cc: Neet, Virginia
Subject: FW: Please see attached walk on item for County Attorney Consent Agenda
Attachments: Walk on - Department of Juvenile Justice.pdf
Please see attached Add On Item 12A.
Thank you, MJ
Mary-Jo Brock - Executive Assistant to Leo E. Ochs,Jr. - County Manager's Office
maryjobrock@colliergov.net
239.252.8364
please consider the environment before printing this email
From: NeetVirginia
Sent: Monday, December 09, 2013 3:14 PM
To: BrockMaryJo
Cc: KlatzkowJeff; IsacksonMark
Subject: Please see attached walk on item for County Attorney Consent Agenda
Mary Jo:
See attached as we discussed. Let me know if you need any else.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239)252-8066 - Fax(239) 252-6600
:0, Fonda Law_d cra Si addresses r e>sses ..�h<}: is iie)orris it you.3.,not 4J<„l,p.31U e'nail address ld.i::..,sed in:e.'.x}^.onstS t a�✓ttii:;records rent7f,r;,cc: .ot:,:;71d
,.i'C�`n c nr,.i to:n:S entity . .;Coeds contact this st'in c -thich:Thfircit co C 1 wrilinh
1
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorizes the County
Attorney to enter into the attached Retainer Agreement with Nabors Giblin &Nickerson to
represent Collier County in an $1.9 million overpayment to the Florida Department of
Juvenile Justice.
OBJECTIVE: To protect the County's interest in securing repayment of overpayment to the
Florida Department of Juvenile Justice(DJJ).
CONSIDERATIONS:
Florida Statute dictates that secure detention costs for pre-committed youth are the responsibility
of the youth's county of residence. Each fiscal year the State Legislature determines the amount
of money to be paid by the counties to the Department to cover their costs for secure
detention. This amount is allocated among the counties based on their percentage of the total
utilization of secure detention across the state. Post commitment costs are the responsibility of
the Department.
At the beginning of each fiscal year an estimated allocation of funding is calculated and billed to
each county based on their prior year's utilization. After the fiscal year has closed, a
reconciliation of actual utilization and costs is done to determine the actual amount owed by each
county for their share of the utilization. Adjustments are made to each county's account balance
based on their actual utilization compared to the estimated utilization and cost figures. Debits
and credits are issued as appropriate.
Various Counties successfully challenged the reconciliations of the DJJ for the past few fiscal
years. Recently, the DJJ issued a reconciliation for Fiscal Year 12-13. They have calculated
that Collier County was overcharged approximately $1.9 million. DJJ has taken the position that
although they may have overcharged a number of counties, they need a Legislative
Appropriation to make repayment.
The Florida Association of Counties is working with the Governor and the Legislature in an
effort to achieve an amicable resolution of this issue. To preserve our rights, it is my
recommendation that the County join in with a number of other counties to retain Nabors Giblin
& Nickerson (who successfully challenged the DJJ on this issue). My expectation is that there
will be a legislative solution to this issue, and that the cost of this representation will be minor.
1
FISCAL IMPACT: Based on prior similar pooled arrangements with this firm, I would
estimate Collier County's share of the legal costs to be under$5,000.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That that the Board of County Commissioners authorizes the County
Attorney to enter into the attached Retainer Agreement with Nabors Giblin & Nickerson to
represent Collier County in an $1.9 million overpayment to the Florida Department of Juvenile
Justice.
Prepared by: Jeffrey A. Klatzkow, County Attorney
Attachment: Letter received by the DJJ(The numbers have since been upwardly revised).
2
NeetVirginia
From: Stewart, Greg [gstewart @ngn-tally,comj
Sent: Monday, December 09, 2013 11:24 AM
To: KlatzkowJeff
Subject: Representation of C011ier County in DJJ Reconciliation for FY 12-13
Attachments: Joint County Representation DJJ FY 12-13.pdf
Jeff—here is a fee proposal letter for our representation of Collier County in challenges related to DJJ's reconciliation for
FY 12-13. As I previously indicated,we propose to represent all counties and to divide the bill equally between each
County that we represent. At this point,we know that Okaloosa County has agreed to this approach and we anticipate
Walton joining. Also, Charlotte,St.Lucie and Nassau are likely to join. No matter how many counties ultimately sign up
for this joint representation,the amount will be divided equally among all of them. Please note that the hourly rate
charged is$250 per hour for partners and $200 per hour for associates. This rate is higher than the rate we charge
Collier normally. That is because of the number of counties that we will be represented,we have charged the higher
rate among the various counties. Collier receives a discounted rate from our Firm. If this proposal is acceptable, please
sign the letter where indicated and provide a copy back to us for our records.
Gregory T. Stewart
Nabors
C;ih ,tn&
Nickerson-
1500 Mahan Drive, Suite 200
Tallahassee,Florida 32308
(850)224-4070 Tel.
(850)224-4073 Fax
Gstewart@ngnlaw.com
The information contained in this email is attorney privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that
any dissemination, distribution or copy of this communication is strictly prohibited. Moreover, any unintentional
dissemination of this message does not waive any attorney-client privilege that applies to this communication. If you have
received this communication in error,please notify us immediately by telephone collect and delete the original message.
Thank you.
1
TALLAHASSEE FORT MYERS
Suite 200 Building 83,Suite 2
1500 Mahan Drive 12731 World Plaza Lane
Tallahassee,Florida 32308 Nabors Fort Myers,Florida 33907
(850)224-4070 Tel • • f (239)288-4027 Tel
(850)224-4073 Fax Gib l i n (239)288-4057 Fax
FORT LAUDERDALE TAMPA
208 S.E.Sixth Street Nickerson Suite Point Lauderdale,Florida 33301 P•A• 2502 Rocky Paint Drive
(954)525-8000 Tel Tampa,Florida 33607
(954)525-8331 Fax (813)281-2222 Tel
(813)281-0129 Fax
Reply to Tallahassee
December 9,2013
Via Electronic Mail
David A. Hallman Mitchell O. Palmer, County Attorney
Nassau County Attorney James A.Minix,Assistant County Attorney
96135 Nassau Place, Suite 6 Manatee County
Yulee, Florida 32097 Post Office Box 1000
dhallman @nassaucountyfl.com Bradenton, Florida 34206-1000
mitchell.palmer @mymanatee.org
Daniel S. McIntyre jim.minix @mymanatee.org
St. Lucie County Attorney
2300 Virginia Avenue Jeffrey A. Klatzkow
Fort Pierce, Florida 34982 Collier County Attorney
mcintyred @stlucieco.org 3299 Tamiami Trail East, Suite 800
Naples,Florida 34112
Daniel E. Gallagher jeffklatzkow @colliergov.net
Assistant County Attorney
Charlotte County
18500 Murdock Circle,Room 573
Port Charlotte,Florida 33948
daniel.gallagher@charlottefl.com
Re: Reconciliations for the Department of Juvenile Justice for
Fiscal Year 12-13.
Gentlemen:
As you are aware, various counties have been challenging the reconciliations for the
Department of Juvenile Justice ("DJJ")for Fiscal Years 09-10, 10-11, and 11-12. On November
27, 2013, DJJ issued its reconciliation for Fiscal Year 12-13. This Reconciliation established
that many counties, including yours, had overpaid by significant amounts. However DJJ has
December 9,2013
Page 2
indicated that it will not be able to grant credits or a reimbursement of these amounts. Each of
you have indicated that you might be interested in our Firm assisting you in this matter.
As the primary issues in the representation will be the same for all counties and the
efforts should predominantly be the same,we believe that a substantial savings can be achieved
by the joint representation of all interested counties. We have used this approach in the
representation of counties in the pending challenges and that has greatly reduced the cost to each
individual county. Therefore, I propose to represent all interested counties in matters related to
the DJJ Reconciliation for FY 12-13 and that the hills for the services provided would be divided
equally between all participating counties. To the extent that other counties indicate a desire for
our representation, they would be included within this arrangement and everyone's costs would
be further spread among the additional counties. Additionally, as DJJ has conceded the amount
of overpayment, we believe that the overall cost will be substantially less than in the pending
challenges. For these services,I would propose charging the following hourly rates:
Firm Partners $250.00 per hour
Firm Associates $200.00 per hour
Law Clerks $ 75.00 per hour
In addition to the compensation specified above,we request that expenses incurred which
are directly related to the provision of services be reimbursed, including,but not limited to: copy
and fax costs, long distance telephone costs, express mail and on-line research expenses. Travel
expenses will be reimbursed in accordance with the provisions governing the travel of public
officers and employees contained in Section 112.061,Florida Statutes.
I would propose to provide itemized statements to all counties showing all time incurred
with a separate cover letter which would reflect the respective share to be paid by each County
from that amount. If this proposal is acceptable under these terms, I would ask that you sign a
copy of this letter and return it to me.
December 9,2013
Pagc
Thank you for allowing us to be • assistance.
•toincerely,, , c„... -
.,„
Gr,_or T. Stewart
GTS:pad
ACCEPTED:
COUNTY:
DATE:
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
Rick Scott,Governor Wansley Walters,Secretary
.1
December 3,2013
Dear County Representative:
On November 27 1 sent you a letter containing information about the 2012-13 Detention Cost Share Final
Reconciliation. It has been brought to my attention that there was an error on the final reconciliation
document. This error was an oversight by my part and I apologize for not catching this error sooner.
Everything on the document sent last week was correct except for the column titled"Total Billed 12-13".
The amounts billed and paid for FY 11-12 were inadvertently not updated to reflect the FY 12-1.3 amounts
billed and paid. This column has been corrected and the revised document titled"2012-13 Detention Cost
Share Final Reconciliation REVISED"is enclosed with this correspondence. All other fields on the
spreadsheet were correct and have not been modified.
Once again I apologize for the mix-up and hope that it has not caused any hardship on your end. If you
have any questions do not hesitate to contact me by email at heth.davis(r4dq.state.fl.us,or by phone at
(850)717-2629.
Sincerely.
4itt
Beth Davis
Office of Program Accountability
Enclosure:
2012-13 Secure Detention Cost Sharing Reconciliation REVISED
2737 Centerview Drive•Tallahassee,Florida 32399-3100•(850)488-1850
http://www.djj.state.11.us
The mission of the Department of Juvenile Justice is to increase public safety by reducing juvenile delinquency through effective
prevention.intervention,and treatment services that strengthen families and turn around the lives of troubled youth.
' krni
ii °121
. • . .
'''.:
_ ......i4,,r,t; lg,rit
Ivp-it '4' e.tiliv-iillitktal ; 1
,. .titm.z.,,....,.. , g ,,,,
.,,,
tt.. 2et'Agc. ''..' t'I '
Arr„. '' ;t1';:fgla".." i ft.*.r
▪ rIttgliziliil - LIU
„utirritii*tvt* tt' tt ,q" 5 1 i I i
' : '''.!‘':-.' 1 , '''' ' u S g g I 1 i i l' i v i g
' ' :j : : i I iiiiiiii ' 1 - ill' i .rtr
I
- 1, . g I I •
A'2•'11 , 1' i ' * tl gliti 11 ',4i' 1,
ig gi t2r ttrtilltIll ;:::11
t i
4. ni-v-. E 8 .1I-gfi Y-,!,
.. vf_ , .
.-tz,.. t‘. .tm :m lt 41,
il ElgPiit i4V ''.. ,-, : 4 !
4k14:, 4g lti 8 ,.. 14 ,..uk. a 0
t, 't a 1 8 t4t V -.4 -'
63:*Y1'.':' 1-• " g 1 t4 Z t,;g 2 ,2°.:4
nu fl : , 1- ,,ii,
= A A 0.
HI 11 ttll ct E 1 f .„,
1
,A E t ii.. r. r-
1 i 11 ICI 3
I
:- --
,.,
.-"v'
Stiil' • IFSi4 i1 itw • g2I v
fa2 l'-j '' k. igtC14141g k.„‘
,Li ' • -16•titivr.x :4 !,:c4:1`
, 11 c 1 , ,..,t -, $ , ;•., , ..,„.,,,„„',I 11 g ,-4,-,
[
E' 'd"i
I : i i
4* 'g .- V •-t
$ 111111111ill V ili 11
a 11 uttil t g gig I
tili 1111 i . . il iit
1 1 ... ,,lit4.1 .4;ixf.151,ttR i74
i I / i
1.; `•. -Et:4 1;Iisfillt,liiitl m tgb AL
4 tIp. , ..1,t ;;' It:: t it-,:,
. ;4-13
Hill #11; 'i j')t
tsgt l'illt1 tgig C iis
I 4 it-■ 0 2 :-. '4.' ..... ',V
n 1 i xtlit Iiu - i"---'
it' a.
ggili ' 4,1s1A1 1
, i I'
rEOut 3:0E,-.; tt t .,..0.
tug-t Its,
lilgi - "
1
,..,.._, .-
l," ,.-:,1
— * xt ,',
' . 1
%ell
° ' " , -.4,r .1 1 JO r< .;',';:r1,4 1..• ,,,,,,„ ,M ,
' 2,-;'11 -0 ' zt,Igitzitlig*1 '
' '.4,1;it'l ,•--,..." .i"i' S /1 . ' ),, :."
IP,..t':',..':•: : .,„' - -,' s t z ";:.I'll=" t".' '''-',.,.:;'.
1, ,
'r ., 1 1 ;77
r., ; 'rialift,*, 11'' t4 g ..4', ,I # t
.. ' , g I 1 i i i, ' i 1 g
-':: ''''',7.r ' ', l i i' i' 1 1 I EP 1 l' ' ' '' ,i' i 61
- ik-,4‘ -'4'1 ,:, 1 " l'. 1 1 1 iliti llg., ',... 1
..gir ,fi : g lif ,, * .1 )11; 511
,",,, q,'..1,. ecie.Pliii 2 P i-6'1.10%''t ".•.k
i
. !cUilliIi:.15Pb11 /t4:1 ; ir
II
1 1
51 Si':t-5. .1 't.ii .. g:ii ',..1. ki 3**,
3 :; .:1-4h111.,14 !t
is
..c.,
-',;•'...'4.,:"' ''11 * .i * ' ., V : ■'.* *i '4 '
.... 33x3 ''.. g
t fril i' X)f,1 g F., -a' E W.
, , I
- gl . .• 44- ;;,: e
' 1 i ; Itt'iU i 3 4r. 'it ,
4 u 1 .-,.
- 4 1,1t ii „e„4.4t 5 ll'il _
i:";11 '1 '1 4 ' 3343 1 oit,11
' ?
Il■fL, ' • -1, t 1 ,,,,i'4,1. ', - t,t'''' - t'''' ' ' 4., '
7 k
c,g4"g 1* ' 4 fi'ft44.1il'g AT, '
1.1,4-''ZI •.S..PPOtillifil/ ' t .;%t
. , ..:, tic/ ,,- , , -g -., ,_,,.% ° , •••„ °,,,,..itt., ;:„,°.,..1.,
, , 15', 'v• n ,',„ c: ' ,„,.t,c i 1...'I;...i 51.1it ,-.41
- a
g 4 ti 11 '.
i I
,..
r ' t 0 1.2' 1 1 i 1 1 irits / 1 3 1 gi
4c
_ , t vg ,
rtilwvi, 4i 4
s 1 E ft sItN4t-2`gigli 12 - '
?, ,,,-.. flight' -
* itEl 1 17. 1 Pi-.41
1 i
i 2tvitIttlii;*;141it
I I i
id
- ' 4 ‘.212.1:141-E) ligt . ..1r-4 ."; tib
Er .p itzsi- ilEg;;Igk-4tatlit . ,; k, , - ;
.,. .., , III! ....1,,i litiv*"'t
1-41~ *tt" n Z 22 kt-
k I li '., g Is
.L7,., .st iitli Its; ! .,i.4
I I ,,, I 11 I!, fit'et ... /",,,,a
,41
:r1