Backup Documents 06/14-15/2011 Item #16I
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
June 14,2011
16/1
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Affordable Housing Commission:
Minutes of March 14,2011
2) Contractors Licensing Board:
Minutes of March 16,201 I
3) Emergency Medical Services Advisory Council:
Agenda of January 15,2010
4) Historical/Archaeological Preservation Board:
Minutes of February 16,2011
5) Isles of Capri Fire Control District Advisory Committee:
Minutes of March 14,201 I
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MINUTES OF THE COLLIER COUNTY
B~FFeR~LE HOUSING ADVISORY COMMITTEE
MEETING
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March 14,2011
J
March 14,2011
Naples, Florida
LET IT BE REMEMBERED that the Collier County Affordable Housing Advisory
Committee, having conducted business herein, met on this date at 3:00 PM in
REGULAR SESSION in Administrative Building "F," 3rd Floor, ofthe Government
Complex, Naples, Florida, with the following Members present:
CHAIRMAN:
Vice Chair:
Stephen Hruby (Excused)
Cormac Giblin
John Cowan
Christian Davis
Gina Downs
Patricia Fortune
Christine Jones (Excused)
Kenneth Kelly
Sally Masters
Bradley Schiffer
Stuart Warshauer (Excused)
(Vacancy - Alternate)
ALSO PRESENT: Marcy Krumbine, Director - Housing, Human & Veteran Services
Frank ("Buddy") Ramsey, Housing Manager
Priscilla Doria, SHIP Loan Processor - Staf~$d~:
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Item # \\,,"1.( \ '\ 'PI \
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March 14,2011
1. Call to Order - Vice Chairman:
Vice Chairman Giblin called the meeting to order at 3:02 PM and read the procedures to be
observed during the meeting.
2. Roll Call of Committee Members:
Roll call was taken and a quorum was established.
3. Approval of Minutes - February 14,2011:
Kenneth Kelly moved to approve the minutes of the February 14, 2011 meeting as
submitted. Second by John Cowan. Carried unanimously, 7 - O.
4. Approval of Agenda:
John Cowan moved to approve the Agenda as submitted. Second by Christian Davis.
Carried unanimously, 7 - O.
5. Information Items:
A. New Member: Marcy Krumbine
. Patricia Fortune was appointed by the Board of County Commissioners to serve
on the Committee, filling the vacancy as the "For Profit Provider of Affordable
Housing."
B. Recent Proposals received for Reprogrammed Funds - Buddy Ramsey
. RFPs ("Requests for Proposals") were recently issued by Housing, Human &
Veterans Services
. Purpose: To solicit projects from local organizations to obligate small amounts of
funds remaining from a variety of sources (CDBG, CDBG-R, SHIP, and NSP)
. 14 Applications were received (Total funding requested - $7.7M)
. Total funds available: approximately $4M
o Applications included plan to "scale down" if full funding could not be
awarded
. Proposed projects: energy improvements, health/safety improvements, multi-family
acquisition rehab, senior apartments, building "green," and re-roofing
. Scoring Committee will meet on March 2 I st to review and rank the applications
. The Scoring Committee's recommendations will be brought before the Committee
for final approval
(Patricia Fortune arrived at 3:07 PM)
A. New Member: Vice-Chairman Giblin
. Vice-Chairman Giblin welcomed Ms. Fortune on behalf of the Committee.
. Marcy Krumbine advised that AHAC meetings will be held on the 2nd Tue5tla'y of
each month. .~ fX1do~
C. Announcement of Upcoming Grant Cycle - Marcy Krumbine
. Entitlement Cycle - usually begins at end of December and includes the Community
Development Block Grant ("CDBG"), HOME ("Housing Opportunities Made for
Everyone, Inc.") Partnership Program, and ESG ("Emergency Shelter Grant")
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. Request was submitted to HUD to change Program Year - to begin at the same
time as the Fiscal Year - October 1 sl
. Application Cycle was pushed back
. RFPs will be released on March 18th for Entitlement Grants
. Deadline to submit: April 15,201 I
. April- AHAC to appoint a member to the Application Review Committee
. June - Application Review Committee will present rankings and proposed
funding to AHAC
. Applicants will be asked to provide "scaled" versions of projects to accommodate
funding
D. 2011 Legislative Update (via conference call):
. Vicky Watson, Legislative Director, National Community Development Assn.
o Funding - CDBG and HOME
Both the Senate and the House approved the Continuing Resolution
o Approval of final Fiscal Year 201 I Continuing Resolution (should have
started October I, 2010)
Continuing Resolutions ("CR") were enacted by Congress to keep Federal agencies
operating because the Appropriations Bill had not been completed by October 2010
o First CR expired in December, 2010 and Second CR expires on Friday,
February 18,2011
o Third CR will be enacted through April 8, 201 I
House of Representatives:
o House of Representatives approved its over-all spending bill in January
o Included a 63% cut to CDBG formula funding and a 10% cut to HOME
funding
o CDBG funding will be $I.5B (was $3.99B in FY 2010)
o Home funding will be $I.65B (was $I.825B in FY 2010)
o "Special Projects" (of Congressional members) were eliminated from
CDBG (not part offormula funding)
Senate:
o Senate finished its Appropriation Bill for FY 201 1 - tried to bring to
Senate floor but was defeated
o Proposed Bill fully funds both CDBG and HOME (using FY 2010 amounts)
Under extended CR, House is trying to cut a minimum of $2B in spending every week
from FY 20 I I Budget.
Outlook: Should have a final Appropriations Bill for all Federal agencies by mid-April
Fiscal Year 2012:
o President has requested a 7.5% cut to CDBG and 10% cut to HOME funding
o The National Community Development Association will not support
anything less than full funding for CDBG
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March 14,2011
Marcy Krumbine noted the State has not funded SHIP for the past two years.
Buddy Ramsey stated Collier County received three allocations Disaster Recovery
Initiative ("DRI") funds but they were one-time-only grants.
Marcy Krumbine asked why CDBG funds have been "targeted" by Congress.
Vicky Watson stated one reason may be the size ofthe program ($4B) and there are
a number of new members of Congress and their staff who are not aware ofCDBG's
accomplishments.
. Gladys Schneider, Technical Assistance Director - Florida Housing Coalition
o Senate Bill 176 (Companion Bill- HB 7003)
re-enacts portions of SB 360 which was stuck down in 2009
- restores property tax exemptions for affordable housing owned by
non-profit organizations
o HB 639 (Companion Bill- SB 912)
repeals arbitrary cap on Sadowski Affordable Housing Trust Fund
- removes limitations on projects funded by Florida Housing
Finance Corporation mandating use of developers who have built 5
other housing projects in Florida
o There is only $1 93M in Sadowski Trust Fund - pushing for full amount to
be allocated by Budget Committee's Appropriations Bill (to be used for
rehab projects only - not new construction)
o Housing bills may be approved and enacted by April 13th
o The Governor's budget eliminates Trust Funds, but does not repeal the tax
o SHIP will receive funds during 2011
Public Comments:
(None)
6. Housing Finance Subcommittee Recommendations - Marcy Krumbine & Ken Kelly
. "Continuum of Housing" - all members of community have safe/decent housing
. Homeless
o Shelter for Abused Women and Children
o St. Matthew's House
o Transitional housing - Wolfe Apartments
. Rental
o Section 8 vouchers - direct assistance, and Rapid Re-Housing Program
o Youth Haven
o Standard rentals - low income tax credits
. Regulated home ownership
o Habitat for Humanity homes
o NPS or SHIP - down payment assistance
. Traditional Home ownership - mortgage - no other assistance needed
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March 14, 2011
. Suggestions to Board of County Commissioners:
o Rehabilitation - single and multi-family properties ~ stock is older
o Rental
o Homeless and transitional housing - will always have need in community
o Financial Literacy Education
. Home buyer - grant program sponsored
. Budget counseling - how to use money
. High school programs - how to write checks, balance monthly
checking statements, budget counseling
o Down payment Assistance Policy
. Currently I-to-3 match as directed by BCC (capped at 4% of
purchase price)
. Larger gap financing was eliminated
. FHA loans requires 3.5% in down payment plus closing costs-
may consider increasing assistance to meet need
- Suggestion: I -to-5 or 3-to- I 0 match
. Very difficult to obtain financing
. Other points:
o Next generation
. oriented to renting - may never commit to home ownership
. different focus from parents
o Growth Management Master Plan required 1,000 affordable units to be
built per year
. Amend requirements - more realistic
o NAB OR ("Naples Area Board of Realtors) ~ task force for financial
literacy education
. Encourage NABOR to keep program active - brought to high
schools
Kenneth Kelly moved to approve the Subcommittee Report to be presented to the Board
of County Commissioners. Second by Sally Masters. Carried unanimously, 8 - O.
7. Committee Member Comments:
. Gina Downs -
o In the 2011 Edition of The Florida Government Guide, there was a
chaPte.r a~.oored by Marcy Krumbine
o W't v,
Next meeting: April 11, 2011
There being no further business for the good ofthe County, the meeting adjourned at
4:06 PM by order of the Vice Chairman.
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Collier County Affordable Housing
Advisory Committee
~J'
The foregoing Minutes were appro~~oard/Committee Chair on
as presented LJ OR as amended('-
4,
Co ac Giblin, Vice Chairman
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,2011,
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RECEIVED
APR 2 0 2011
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V'
March 16,2011
Board Of ClHJnty CommiBlionOlll
MINUTES OF THE MEETING OF THE
COLLIER COUNTY CONTRACTORS' LICENSING BOA
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Naples, Florida, March 16, ~
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LET IT BE REMEMBERED that the Collier County Contractors' Licensing
Board, having conducted business herein, met on this date at 9:00 AM in
REGULAR SESSION in Administrative Building "F," 3rd floor, Collier
County Government Complex, Naples, Florida, with the following members
present:
CHAIRMAN:
Vice Chair:
Kyle Lantz
Lee Horn
Michael Boyd (Excused)
Terry Jerulle
Richard Joslin
Thomas Lykos
Robert Meister
Jon Walker
Patrick White
ALSO PRESENT:
Jamie French, Director - Operations & Regulatory Management, GMD
Michael Ossorio, Contractors' Licensing Supervisor
Rob Ganguli, Licensing Compliance Officer
Patrick Neale, Esq., Attorney for the Board
Steve Williams, Esq., Assistant County Attorney
Misc. Carres:
Date: I.e ll.....' \ II
Item #: \ \.P'"r ( \', 'A')....
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March 16,2011
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 that testimony and evidence upon which
the Appeal is to be based.
. I. ROLL CALL:
Chairman Lantz called the meeting to order at 9:05 AM and read the procedures to
be followed to appeal a decision.
Roll call was taken and a quorum was established.
II. ADDITIONS OR DELETIONS:
Chan"es:
. Item VIII, "Public Hearings" -
o under (A), Case #201 1-06 - Stephen J. Scott, was withdrawn
III. APPROVAL OF AGENDA:
Richard Joslin moved to approve the Agenda as amended. Second by Jon Walker.
Carried unanimously, 7 - O.
IV. APPROVAL OF MINUTES - February 16, 2011:
Thomas Lykos moved to approve the Minutes of the February 16,2011 meeting as
submitted. Second by Terry Jerulle. Carried unanimously, 7 - O.
(Patrick White arrived at 9:08 AM.)
V. DISCUSSION:
Michael Ossorio introduced Jamie French, Director of Operations and Regulatory
Management for the County's Growth Management Division.
He also introduced Assistant County Attorney Steve Williams who will be uttending
the Hearings on the County's behalf. Mr. Williams replaced Assistant County
Attorney Robert Zachary who accepted a promotion and moved to Marion County.
VI. NEW BUSINESS:
(Note: In each of the cases heard under this Section and Section Vll1, as follows, the
individuals to testify were sworn in.)
(A) Piotr Banski - Oualify 2nd Entitv
Michael Ossorio provided background information:
. Mr. Banski is the Qualifier for Banski, Inc., d/b/a "Classic Stone"
. He has applied to qualify a second company, "Marc's Flooring, LLC,"
under his tile and marble license
Thomas Lykos noted for the record that he has known Mr. Banski and his
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family for several years and has conducted business with Mr. Banski. He
recused himself from discussion and voting.
Patrick White stated he would appreciate participation by Mr. Lykos ifhe had
relevant information to contribute, but agreed he should not vote on the matter.
Attorney Neale concurred with Mr. White's statement and suggested to swear
in Mr. Lykos since he would not be offering testimony as a Board Member.
Mr. Banski stated:
· He has a tile and marble license, as well as a flooring license
· He is the owner of Banski, Inc., d/b/a "Classic Stone" in Naples
· He is applying to qualify a second company, "Marc's Flooring" for tile
and marble
· "Marc's Flooring" is already qualified for floor covering
Michael Ossorio noted there have been no complaints against either company
and recommended approval.
Patrick White moved to approve Piotr Banski's application to qualify
"Marc's Flooring, LLC" as a second entity. Second by Robert Meister.
Motion carried, 7 - "Yes"/l- "Abstention." Mr. Lykos abstained.
(B) Thomas C. Gibbs - Waiver of Testinl!: to Reinstate License
Michael Ossorio noted:
· Mr. Gibbs owns "Thomas C. Gibbs Custom Cabinets, Inc."
· He has been in the cabinetry and mill working business for many years
· He is currently licensed in Lee County and the City of Cape Coral
· He was licensed in Collier County but let it lapse approximately five
years ago
· He is applying to reinstate his license without retesting
Attorney Neal cited Chapter 22-184 (c), "Standards for the Issuance or Denial
ofa Certificate of Competency," of the County's Ordinance as follows:
"(c) When an application is referred to the Contractors' Licensing Board, the
Board shall take testimony from the applicant and shall consider other
relevant evidence regarding whether the application meets the
requirements of this division. Upon the evidence presented by the
applicant and the Contractor Licensing Supervisor, the Contractors'
Licensing Board shall determine whether the applicant is qualified or
unqualifiedfor the trade in which application has been made.
The Board may consider the applicant's relevant recent experience in the
specific trade and based upon such experience may waive testing
requirements if convinced that the applicant is qualified by experience
whereby such competency testing would be superfluous."
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Mr. Gibbs confirmed he has been continuously working in the industry for
thirty-five years.
In response to a question from the Board, Mr. Gibbs verified that he makes and
installs cabinets and countertops. He stated he does not currently have any
employees working for him.
Mr. Ossorio stated while there is no pending work at the present time, Thomas
Gibbs applied to reinstate his license in anticipation of future jobs.
Terry Jerulle asked the applicant ifhe had taken the Business Exam.
Thomas Gibbs replied he had and had taken the test in Lee County.
Michael Ossorio recommended approval and noted the applicant will be
required to pay all back fees before the license will be reinstated.
Patrick White moved to approve Thomas C. Gibb's application for
reinstatement of his licensed without requiring testing. Second by Richard
Joslin. Carried unanimously, 8 - O.
(C) Tonv C. Kirkland - Qualify 2nd Entitv
Michael Ossorio stated Tony Kirkland is the owner and Qualifier of"TK Pump
& Irrigation, LLC" and appeared before the Board last year to qualify "Earth
Care Landscape."
Mr. Kirkland has applied to qualify "George T. Sands, Inc." and will train!
supervise Mr. Sands and his employees. The goal is for Mr. Sands to obtain his
irrigation license.
Mr. Kirkland stated:
. "George T. Sands, Inc." has been in the lawn maintenance business for
twenty years
. Mr. Sands wishes to obtain his irrigation license in order to expand his
business
Richard Joslin stated Mr. Kirkland has a number of medical bills which have
been noted on his personal credit report.
Tony Kirkland stated he has made a consistent effort to payoff the medical
bills and his payments have not been reflected on his credit report.
Mr. Ossorio noted the credit report for "TK Pump & Irrigation, LLC" is clean
with no record of liens. He recommended approval of the application to
qualify the second entity, "George T. Sands, Inc."
Patrick White questioned the amounts and the number of checks paid to
George T. Sands from his business and drawn on a 5th/3'd Bank account.
George T. Sands stated:
. He does not handle the paperwork in his company
. The large checks were to cover payroll and taxes - the checks were
written to him from the company's payroll account
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· He stated he will provide whatever information the Board needs
The checks in question were written in January, 2011:
· on the lOth for $1 1,000;
. on the 15th for $9,000;
. on the 220d for $12,000;
· and on the 29th for $ I 8.000.
Terry Jerulle asked what the Sands business entailed.
George Sands explained the company specializes in landscape maintenance,
and mows/edges lawns, and operates pest control. He does not install plantings
but his company will replace a plant if one was damagedlkilled during lawn
servIce.
Michael Ossorio confirmed maintenance companies are permitted to replace
items damaged at no cost to the homeowner. He noted some inconsistencies
which he stated Mr. Kirkland was trying to overcome by qualifYing the Sands
company so he could oversee the training of the employees in order for the
company to come into compliance.
Richard Josliu expressed concern regarding the number of red flags.
Jon Walker moved to approve Tony Kirkland's application to qualify a second
entity based on the recommendation of Michael Ossorio. Second by Robert
Meister.
Richard Joslin asked if the approval could be probationary with a review in six
months due to the number of "red flags," i.e. the number of checks paid out, the
amounts, and the credit report.
Patrick White stated the Board did not have concerns about Mr. Kirkland's
capability but was concerned about Tony's personal credit report. He stated an
updated credit report must be produced because items cited two years ago still
appear as owed and not paid.
Attorney Neale stated the qualifications for issuance of a second entity are the
same as a new contracting license and outlined pertinent sections from the
Ordinance. All second entity applications are referred to the Contractors'
Licensing Board for approval.
Chairman Lantz stated one of the Board's goals is to bring people into the
system and Mr. Kirkland is helping to accomplish that with Mr. Sands and his
company.
Thomas Lykos stated there were four items to be considered by the Board:
(1) Completeness of application
(2) Credit report as it relates to the business
(3) Trade skills
(4) Financial responsibility
He noted nothing was submitted to indicate that either Tony Kirkland or George
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Sands have been financially irresponsible. He deferred to Michael Ossorio's
recommendation and supported approving the application for a second entity.
Tcrry Jerulle stated instituting the probationary period would allow the Board
to review its decision in six months.
Michael Ossorio confirmed that, as a Qualifier, Tony Kirkland will be
rcsponsible for the day-to-day operation ofMr. Sands' company. He continued
the Qualifier for a company is responsible for any misconduct. The Licensing
Board is to determine the amount of the Qualifier's responsibility.
Chairman Lantz asked Jon Walker, as the maker of the Motion, to consider
revising his motion to add a six month probationary period in order to answer
the Board's questions regarding the finances (large checks) and credit.
Jon Walker amended his Motion: he moved to approve Tony Kirkland's
application to qualify a second entity, "George T. Sands, Inc.," on a
probationary basis. Mr. Sands and Mr. Kirkland are to return before the
Board in six months to provide an explanation concerning the large checks
and an updated credit report, respectively.
Second by Robert Meister. Carried unanimously, 8 - O.
Gcorge Sands stated money (checks) is deposited into his company's payroll
account and employees' paychecks and payroll tax (payment) checks are written
from that account. He verified he will comply with the Board's order to provide
proof.
(D) David W. Wainscott - Review of Credit Report(s)
Michael Ossorio provided background information:
. David Wainscott applied to become a registered General Contractor
. When a Tier I License is applied for, credit is reviewed
. Mr. Wuinscott will unsw(;r th(; Buard's ljucsliuns concerning his credit
issues
David W. Wainscott stated:
. He would like to expand his design business into a designlbuild
construction business
. He has been designing various types of residential projects in Collier
County since 1985
. A few years ago, his business partner had some life issues and the
partnership was dissolved
. After the dissolution of the company, Mr. Wainscott found his partner
had left the company with credit problems
. Due to the economic downtown, there were late payments (See letter of
explanation submitted by the applicant)
. Prior to and after this period of time, Mr. Wainscott's credit rating was
good
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. He has personal experience in construction - he built two homes as an
owner/builder
. He continue be involved only in residential projects if he obtains his
General Contractor's License
In response to a Board member's question, Michael Ossorio noted to obtain a
registered General Contractor's License, experience is required in all phases of
construction, i.e., residential, commercial and condominium. He asked Mr.
Wainscott why he didn't apply to the Board previously since he took the exam
in 2009.
Mr. Wainscott replied with no business to pursue, there was no need to obtain
the license and the expense was also a consideration.
Mr. Ossorio stated the trade exam has not changed since Mr. Wainscott took it
in 2009 and once he becomes registered, he will be required to complete CE
hours.
Mr. Wainscott stated even though he took and passed the exam for a registered
General Contractor's License, his intention is to work only in the residential
arena.
Michael Ossorio stated the Code allows the Board to restrict the license to a
particular trade or area.
Attorney Neal referred Section 22-189 of the Code, "Restricted Certificates of
Competency, " as follows:
"The Contractors' Licensing Supervisor, or designee, may issue a
Restricted Certificate of Competency to an Applicant for a certificate
in a particular trade, which Certificate is restricted to certain aspects
of that trade where the Applicant has satisfactorily demonstrated that
he/she is qualified under this article in certain aspects of that trade,
but lacks the required experience in other aspect(s) of that trade.
For example, an Applicant for a Certificate as a Floor Covering
Installation Contractor may have the required experiencc inlaying
carpets and/or tiles, but not wood flooring. Each staff level decision
to restrict a Certificate shall be final unless reversed or modified by the
Contractors' Licensing Board upon appeal by the certificate holder."
Michael Ossorio asked the applicant ifhe had any formal education or training.
Mr. Wainscott obtained a degree in Architecture from the University of Miami.
He elaborated he is not a licensed Architect, he is a designer. His partner was a
licensed Architect. His firm, "Dave Wainscott Designs," produces design work
and working drawings for residential projects.
Tom Lykos noted there are two issues under consideration:
(1) The level of experience and which license is most appropriate, and
(2) Credi 1.
He stated there is a vast difference between residential and commercial
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construction, and to approve a General Contractor's License for someone with
only limited commcrcial experience is not a good idea.
Dave Wainscott stated the business relationship with his former partner was
ending, he realized his partner could not participate in the day-to-day operation
ofthc company. The recession hit at the same timc and busincss slowed down.
He began to re-organize his company, took control of the books, and realized
his partner had left him with a great deal of credit-card debt. He contacted the
two major debtors (American Express and Suncoast Federal Credit Union) and
made arrangements to pay off the debts. The settlement payment to American
Express was made, and hc made two payments to Suncoast which he will
continue to pay on a monthly basis as agreed.
Michael Ossorio reiterated David Wainscott took and passed the General
Contractor's Licensing exam. If the Board approves his application, he will be
issued a General Contractor's Restricted License ~ restricted to "residential"
only as defined in the Code, i.e., one, two, or three-family and no more than two
stories.
In order to "upgrade" the liccnse in the future, Mr. Wainscott will be required to
petition the Board. Currently, he will be restricted to Collier County, the City
of Naples, and the City of Marco Island.
Thomas Lykos moved to approve David Wainscott's application for a General
Contractors'License, restricted to residential construction only,for a one-
year probationary period with a six-month review. After six months, the
Applicant will appear before the Board and produce an updated credit report.
At the end of the one-year probationary period, the Applicant will again
appear before the Board and produce an updated credit report. The Board
will decide whether to extend or cancel the probationary period, or to revoke
the license. Second by Terry Jerulle. Carried unanimously, 8 - O.
VII. OLD BUSINESS:
A. Orders of the Board
Thomas Lykos moved to approve the signing of the Orders of the Board by the
Chairman. Second by Robert Meister. Carried unanimously, 8 - O.
BREAK: 10:25 AM
RECONVENED: 10:37 AM
VIII. PUBLIC HEARINGS:
B. Case #2011- 07:
Daniel M. Kimball
d/b/a - Dan Kimball Floor Installation, Inc.
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March 16,2011
Chairman Lantz outlined the manner in which the Public Hearing will be conducted:
· Hearings will be conducted pursuant to the procedures contained in Collier
County Ordinance #90-105, as amended, and Florida Statutes, Title XXXIl,
"Regulation of Professions and Occupations, " Chapter 489.
· Hearings are quasi-judicial in nature and the Formal "Rules of Evidence"
shall not apply.
· Fundamental fairness and due process shall be observed and govern the
proceedings.
· Irrelevant, immaterial or cumulative evidence shall be excluded.
· All other evidence of the type commonly relied upon by reasonably prudent
persons shall be admissible, whether or not such evidence would be admissible
in a trial in the Courts of the State of Florida.
· Hearsay evidence may be used for the purpose of supplementing or explaining
any evidence but shall not be deemed sufficient by itself to support a Finding,
unless such hearsay would be admissible over objection in a civil action in
Court.
· The "Rules of Privilege" shall be effective to the same extent that such Rules
are now, or hereafter may be, recognized in civil actions.
· Any member of the Contractors' Licensing Board may question any witness
before the Board.
· Each party to the proceedings shall have the right to call and examine
witnesses, to introduce Exhibits, to cross-examine witnesses to impeach any
witness regardless of which party called the witness to testity, and to rebut
any evidence presented against the party.
· The Chairperson or, in hislher absence, the Vice Chair, shall have all powers
necessary to conduct the proceedings at the Hearing in a full, fair, and
impartial manner, and to preserve order and decorum.
· The general process of the Hearing is for the County to present an Opening
Statement to set forth the charges and, in general terms, how the County
intends to prove the charges.
· The Respondent will present hislher Opening Statement setting forth, in
general terms, defenses to the charges.
· The County will present its Case in Chiefby calling witnesses and presenting
evidence.
· The Respondent may cross-examine the witnesses.
· After the County has closed its Case in Chief, the Respondent may present
hislher defense as described previously, i.e., to call/examine witnesses, etc.
· After the Respondent has presented hislher case, the County will present a
rebuttal to the Respondent's presentation.
. When the Rebuttal is concluded, each party is permitted to present a Closing
Statement.
· The County is allowed a second opportunity to rebut the Respondent's Closing
Statement.
· The Board will close the Public Hearing and begin deliberations.
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March] 6,2011
. Prior to beginning deliberations, the Board's Attorney will give a "charge" to
the Board, similar to the charge given to a jury, setting forth the parameters on
which tile decision will be based.
. During deliberations, the Board can rcquest additional information and
clarification from the parties.
. The Board will decide two different issues:
(1) Whether the Respondent is guilty of the offense as charged in the
Administrative Complaint. A vote will be taken on the matter.
(2) If the Respondent is found guilty, the Board must decide the sanctions to
be imposed.
. The Board's Attorney will advise the Board concerning the sanctions and the
factors to be considered.
. The Board will discuss the sanctions and vote.
. After the matters are decided, the ChairNice Chair will read a Summary of the
Order to be issucd by the Board. The Summary is a basic outline of the Order
and may not reflect the samc language contained in the Final Order.
. The Final Order will include complete details as required under State laws and
procedures.
Richard Joslin moved to approve entering the information packet submitted for
Case No. 2011-07, Board of County Commissioners, Petitioner, versus Daniel
M. Kimball, d/b/a "Dan Kimball Floor Installations, Inc.," Collier County
Certificate: #27220, Respondent, into evidence. Second by Thomas Lykos.
Mr. Joslin noted a discrepancy between the dollar amount of the deposit check (See
E-8), and the amount specified in the "Reimbursement of Deposit" (See E-9/E-I0),
i.e., $3335 and $3435, respectively.
Rob Ganguli clarified the correct amount was $3,335.00.
Chairman Lantz called for a vote on the Motion. Carried unanimously, 8 - O.
Opening Statement by Rob Ganguli, Contracting Licensing Investigator:
. Daniel M. Kimball is the Qualifier of a tile/marble contracting company,
"Dan Kimball Floor Installations, Inc."
. The Company has been a Collier County licensed contractor since April 29,
2005
. Mr. Kimball is appearing due to violation of Ordinance 2006-46, 9 4. I .3, for
abandoning a construction project.
. It has been 139 days since a deposit was paid to the Contractor by the
homeowner without work commencing on the project.
. The homeowner, Michael S. Boll, will testify in the matter.
Daniel M. Kimball, the Respondent, presented his case:
. Admitted that he owes money to Mr. Boll
. He is aware of a Second Complaint
10
16 J 1A 2
March 16,2011
· Defense: He as admitted in Naples Community Hospital on December 21,
2010 and underwent by-pass surgery on December 23, 2010
. Tried to resume work on March 2, 2011, but surgeon would not release him
· He is a one-person operation - there are no employees
· He has every intention of paying back the money to Michael Boll
· He had no other complaints against him previously
Mr. Kimball has another appointment to see the surgeon at the end of March, 201 I.
Lee Horn noted Mr. Kimball accepted the deposit on October 20U1 - almost two
months earlier.
Daniel Kimball responded that he ran into problems - he had other jobs to
complete and ran out of time. He stated his health issues began in 2007 when he
suffered two heart attacks (in May and November), and he was hospitalized in
October, 2010 to adjust his medications.
Michael Ossorio questioned Mr. Kimball, asking ifhe was the Qualifier of "Dan
Kimball Floor Coverings, Inc." and ifhis Certificate number was 27220.
Mr. Kimball answered affirmatively.
Mr. Ossorio further questioned Mr. Kimball, asking ifhe understood the violations
against him and ifhe would freely stipulate to the charge that he abandoned the
project.
Mr. Kimball admitted his guilt, stating he would not deny that he was at fault.
Mr. Ossorio stated the County would rest its case.
Patrick White questioned the relevance of the documents presented, noting the
incorrect dollar amounts and that the documents had not been signed.
Rob Ganguli stated the documents represented opportunities for the Respondent to
make restitution by returning the deposit, but he was unable to do so.
Michael Ossorio stated attempts had been made to mitigate the situation between
tile parties but tht: atlt:mpts failed, and the case moved forward.
He reiterated the Respondent acknowledged that he was in violation of the
Ordinance and stipulated to the charge.
Lee Horn moved to close the Public Hearing. Second by Terry Jerulle. Carried
unanimously, 8 - O.
Lee Horn noted there was an admission of guilt by the Respondent and moved to
find Daniel M. Kimball, d/b/a "Dan Kimball Floor Installations, Inc.," Case
#20II-07, Collier County Certificate #27220, guilty of Count #1,4.1.3-
Abandoning a construction project in which he was engaged. Second by Richard
Joslin. Carried unanimously, 8 - O.
11
16 J 1 A 2 i
March 16,201]
Attorney Neale stated the Board is to decide what sanctions to impose, and may
impose all, or of any combination of the Sanctions, as noted in Section 22-203 of
the County's Ordinance, as follows:
(1) Revocation of a Collier County Certificate of Competency;
(2) Suspension of a Collier County Certificate of Competency;
(3) Denial of the issuance or renewal of a Collier County Certificate of
Competency;
(4) Imposition of a period of probation of reasonable length, not to exceed
two years, during which the Contractor's contracting activities shall be
under the supervision of the Contractor's Licensing Board, and/or
participating in a duly-accredited program of continuing education
directly related to the Contractor's contracting activity. Any period of
probation or continuing education program ordered by the CLB may be
revoked for cause by said Board at a Hearing noted to consider said
purpose.
(5) Restitution;
(6) A fine not to exceed ten thousand dollars ($10,000.);
(7) A public reprimand;
(8) Re-examination requirement;
(9) Denial of the issuance of Collier County (or City) Building permits or
requiring the issuance of permits with specific conditions;
(10) Reasonable legal and investigative costs for the prosecution of the
violation.
Attorney Neale continued in imposing the sanctions, the Board shall consider the
following:
(I)
(2)
(3)
(4)
(5)
The gravity of the violation;'
The impact of the violation on public Health/Safety or Welfare;
Any actions taken by the Respondent to correct the violation;
Any previous violations committed by the Respondent, and
Any other evidencc prcsentcd at thc Hcaring by the parties relevant as
to the sanction which appropriate for the case given the nature of the
violation.
The Board shall also issue a recommended penalty to the State Board. The
recommended penalties are:
. No further action is required, or
. Suspension, rcvocation, or restriction of the Certification or Registration, or
. A fine to be levied by the State Board
Michael Ossorio stated he would reserve the County's recommendations until after
the Public Hearing was opened and Mr. Boll addressed the Board.
Patrick White moved to open the Public Hearing. Second by Richard Joslin.
Carried unanimously, 8 - O.
12
16 I 1
A2
March 16,201]
Michael S. Boll was sworn in and stated:
· He is a full-time resident of Naples, having moving from Michigan fourteen
months ago.
· As requested by Michael Ossorio, he examined Exhibit E-8 and verified that it
was a copy of his check which had been written to Daniel Kimball.
· He confirmed he had not been reimbursed the amount of$3,335.00.
· He also verified that no tile work had been completed on his property.
Mr. Boll continued Mr. Kimball brought several items to his residence including
the cement necessary to form a shower pan, and removed some existing tile from
another bathroom.
In response to a question from the Board, Mr. Boll confirmed the Respondent left
the bathroom he was hired to tile was left in disarray, and it remains in the same
condition currently.
Michael Ossorio asked Mr. Boll to review Item E-7, which is a copy ofa contract
between the parties. He asked if any of the work had been commenced and the
response was "no,"
Mr. Boll confirmed the check written to Daniel Kimball was a deposit to purchase
tile for the two bedrooms and an outside lanai. The check was annotated with "for
Condo tile" in the memo portion.
He continued that he was to supply tile for the bathroom, the shower enclosure, and
the tub enclosure.
Chairman Lantz noted the contract was written in August, but the check was dated
in October, and asked what the timeline was.
Mr. Boll replied the work was to have been completed by December 15, 20 I 0, in
accordance with the Condo Association's rules. He further stated he cannot hire
anyone to begin the work until after "season." He explained Mr. Kimball had been
highly recommended, but he has only received excuses from Mr. Kimball. He
wants his money back because it has been obvious to him that Mr. Kimball did not
purchase the tile.
Attorney Neale suggested placing testimony on the record concerning the service
invoice (E-7) that (1) it was the agreement that was reached, and (2) the parties did
agreed upon the December 15th date.
Lee Horn questioned Mr. Boll and Mr. Kimball asking for the information
requested by Attorney Neale. Both agreed.
Tom Lykos questioned Daniel Kimball concerning the service invoice and asked
for details concerning the "Scope of Work" for the shower labor and the tub
enclosure labor.
Daniel Kimball stated he was to install the concrete board, building the curb and
the base, and tiling the shower/tub enclosure. He did not do any demolition work,
and was to install and tile the new walls.
13
16 l !rcA6"11 -4
Mr. Lykos continued to question the Respondent concerning the work he actually
did and did not perform in a condominium, i.e., "commercial" building.
The homeowner admitted he performed some work himself including removing tile
and the tile sub-strafe as well as the plumbing hardware.
There was a brief discussion about another complaint that had recently been made
and Mr. Kimball's intentions concerning payment of that debt.
Attorney Neale cautioned it was not appropriate for the Board to discuss a case that
was not before it.
Mr. Kimball stated he intended to pay the second debt of approximately $ I, I 10
before it became necessary to again appear before the Board.
He reiterated he has a follow-up appointment with the surgeon at the end of March,
and has not been cleared to resume to work until. then.
Michael Ossorio stated the Respondent holds a license as a tile and marble
contractor, which was issued in 2005. He noted Mr. Kimball was also issued
Citations for unlicensed plumbing work and for not obtaining a building permit -
none of the Citation fees have been paid to date.
Mr. Kimball stated he was completed approximately 250 jobs. When questioned
by Board members concerning where was the money he eamed since he became
licensed, and ifMr. Boll were to permit it, would the Respondent be able to
complete the work as contracted, the Respondent could not answer the questions.
He admitted his financial situation is precarious.
While the Respondent claimed he will pay back Mr. Boll, he could not give a time
frame for the restitution period.
Thomas Lykos summarized:
. The Respondent's health emergency did not impact his ability to perform
the work based on the agreement with Mr. Boll which had a December 15th
dcadline;
. The Respondent stated, vaguely, there were some financial issues which
prevented him from performing the job;
. The decision to be made by the Board is whether or not the Respondent has
sufficiently recovered from the financial situation with Mr. Boll and
possibly another client, and if he will be able to earn enough in the future to
reimburse Mr. Boll.
Mr. Lykos expressed his concerns:
. The Respondent may accept deposits from potential clients that he will not
be able service;
. The Respondent has not shown he understands how he got into the financial
situation that he is in;
. The Respondent has not provided the Board with a plan detailing when he
will reimburse Mr. Boll and any other potential clients who may be owed
moncy;
14
16 I 1 A c.
March ]6,201 J
· The Respondent has not provided the Board with a tangible plan to recover
from his present situation;
· How many other people will be placed in the same circumstances if the
Respondent is allowed to retain his license?
Chairman Lantz verified:
· The contract was written in August, the deposit was not taken until October,
and the deadline to complete the work was December 15th
· The Respondent did perform some work - he installed concrete board and
the shower pan
Michael Ossorio stated Mr. Boll will hire a licensed plumber to inspect the work
when the Condo Association permits work to resume. The other problem is that Mr.
Kimball was to have supplied materials, i.e., tile, which he did not.
Mr. Boll confirmed he has hired a licensed General Contractor who will obtain the
necessary permits to complete the work.
Richard Joslin noted if the Board revoked the Respondent's license, he would not be
able to repay Mr. Boll and one of the Board's goals is to make the homeowners
"whole." He recommended requiring the Respondent, for the next 90 days, to report
all jobs he has been contracted to perform in order to monitor him regarding future
deposits. The Respondent will be able to earn money to make payment to Mr. Boll.
Tom Lykos expressed concern that if the Respondent is allowed to continue to work,
the Board is inadvertently contributing to a "Ponzi scheme" where the Respondent
accepts a deposit from one client and uses it to pay for the materials needed by
another client, etc. He suggested the Respondent find a job working for a tile
company or some place where he will receive a regular paycheck that he can budget
in order to repay Mr. Boll.
Mr. Lykos reiterated to allow the Respondent the ability to collect deposits from
filture clients would be negligent on the part of the Board. He statcd the Respondent
clearly has a problem managing money and should not be permitted to operate a
business.
Patrick White expressed his opinions:
· Reimbursement is to be made;
· The Respondent is to receive a probationary license with a requirement that
any future contract is to be disclosed to the County prior to signing;
· All jobs are to be monitored by the County.
· The Citations are a separate matter and will be brought to be Board if the fines
not paid.
Terry Jerulle agreed with Patrick White stating the Respondent has been licensed
since 2005 and has not had any complaints made against him. No prior pattern of
behavior has been indicated.
15
.._-.<-----~~_.- ~~-~-_._,-_. .. -- ---~-_..._-,-_.-.._,-_.-_.
16 l 1A 2 ~
March] 6,20] 1
Jon Walker also agreed and noted there are two issues that should be the focus of the
Board: (1) restitution to the consumer, and (2) whether or not to allow the
Respondent to continue to perform work.
Chairman Lantz asked Mr. Ossorio for the County's recommendation.
Michael Ossorio replied the County recommended a three-month probationary
period during which time the County is to be notified of all jobs, and restitution to
Mr. Boll in the amount 01'$3,335.00 is to be made within three months or the
Respondent's license will be revoked, and the Respondent will be responsible for
paying the Investigative Costs of $500 within three months.
Richard Joslin moved to approve recommending (1) the Respondent is to placed on
a six-month probationary period during which time all jobs are to be reported to the
County, (2) The Respondent is required to pay the sum of $3,335.00 to Michael Boll
within ninety days or his license will be revoked, (3) the Respondent is required to
reimburse the County for Investigative Costs in the sum of $500 within ninety days
or his license will be revoked; and (4) at the end of the probationary period, the
Respondent is to appear before the Board and provide an update of his financial
situation. The payment period is to begin April 1" and end on July 1".
Mr. Joslin expanded his Motion to include that the Respondent is to deliver checks,
made payable to Michael Boll, to the County for distribution.
The Chairman calledfor a vote on the Motion. Motion carried, 6 - "Yes"/2-
"No." Thomas Lykos and Lee Horn were opposed.
Lee Horn moved to close the Public Hearing. Second by Patrick White. Carried
unanimously, 8 - O.
Findinfls of Fact:
. Daniel M. Kimball is the holder of record of Collier County Certificate
Number 27220.
. The Board of County Commissioners, Collier County, Florida, Contractors'
Licensing Board is the Petitioner (Complainant) in this matter.
. The Board has jurisdiction of tbe person of the Respondent.
. The Respondent, Daniel M. Kimball, was present at the Public Hearing held
on March 16,2011.
. The Respondent, Daniel M. Kimball, was not represented by Counsel.
. All notices required by Collier County Ordinance 90-105, as amended, have
been properly issued and were personally delivered
. The Respondent acted in a manner that is in violation of Collier County
Ordinance and is the one who committed the act
. The allegations set forth in Administrative Complaint as Count I, under
Section 4.1.3, "Abandoning a construction project in which he was engaged,
16
16 I 1
A2
March 16,2011
X. NEXT MEETING DATE: Wednesday, April 20, 2011
Board of County Commissioners' Chambers, Administrative Building "F,"
3rd Floor (Courthouse Complex), 3301 E. Tamiami Trail, Naples, FL 34112
There being no further business for the good of the County, the meeting was adjourned
by the order of the Vice Chair at 11:45 AM.
COLLIER COUNTY CONTRACTOR
LICENSING BOARD
/1 h -? ~
Kyle Lantz, Chairman
The Minutes were approved by the Board/Chairman on
as presented '"-J, or as amended '"-J.
,201 I,
18
16 , 1
March 16,2011
or under contract as a Contractor, " have becn found to be supported by the
cvidence presented at the Hearing
Conclusions or Law:
. The Conclusions of Law alleged and set forth in the Administrative Complaint
as Count 1 have been approved, adopted and incorporated herein, to wit:
o The Respondent violated Section 4.1.3, "Abandoning a construction
project in which he was engaged or under contract as a Contractor, "
of Collier County Ordinance 90-105, as amended, in the performance
of his contracting business in Collier County by acting in violation of
the Section set out in the Administrative Complaint with particularity.
o "A project may be presumed abandoned if the Contractor terminates
the project without just cause, or fails to notify the owner in writing of
termination of the contract and the basis for same, or fails to perform
work for ninety (90) consecutive days without just cause and no Notice
given to the owner. "
Order or the Board:
. Based upon the foregoing Findings of Fact and Conclusions of Law, and
pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier
County Ordinance 90- I 05, as amended, by a vote of 8 in favor and zero in
opposition, a majority vote of the Board members present, the Respondent has
been found in violation as set out above.
. Further, it is hereby ordered by a vote of 6 in favor and 2 in opposition, a
majority vote of the Board members present, that the following disciplinary
actions and related Orders arc hereby imposed upon the holder of Collier
County Certificate of Competency Number 27220.
. Sanctions:
o The Respondent is to pay restitution in the amount of $3,335.00 wilhin
ninety days of April 1,2011;
o The Respondent is to pay $500 in Investigative Costs within ninety days
of April 2, 201 I;
o If these fees are not paid within 90 days of April I, 20 I I, the
Respondent's license shall be revoked;
o The Respondent is immediately placed on a six-month probationary
period, during which time all jobs are to be reported to the Contractors'
Licensing Supervisor.
Chairman Lantz stated the case was closed.
IX. REPORTS:
(None)
17
By:......................."
Fiala .~ ( 16 I 1 A 3
Hiller _ '
Henning ~
Coyle
Coletta
J/
ill ~l~~ll\W~~
January 15, 201 0
MINUTES OF THE MEETING OF THE COLLIER COUNTY
EMERGENCY MEDICAL SERVICES
POLICY
ADVISORY BOARD
Naples, Florida, January 15, 20 I 0
LET IT BE REMEMBERED that the Collier County Emergency Medical Services
Policy Advisory Board, having conducted business herein, met on this date at
3:30 PM in REGULAR SESSION at the Neighborhood Health Clinic, 12 Goodlette
Road N., Naples, Florida, with the following Members present:
CHAIRMAN:
Vice Chair:
James Talano, M.D. (Excused)
Chief Robert Metzger
Chief Walter Kopka
Linda Mitchell, RN
Steve Shafor (Excused)
ALSO PRESENT:
Dr. Robert Tober, Collier County Medical Director
Jeff Page, Chief, Bureau of Emergency Services
Jcnnifer Florin, Administrative Assistant, EMS
Dan Bowman, Deputy Chicf, Bureau of Emergency Seryices
Misc. Corres:
Date: LO \ \<-t \I I
Item#:~(\'\'A~
16 I 1 A 3 ..~
COLLIER COUNTY EMERGENCY MEDICAL SERVICES
POLICY ADVISORY BOARD
AGENDA
MEETING TO BE HELD:
Neighborhood Health Clinic
120 Goodlette Road North, 2nd noor meeting room
Naples, Florida
DATE: January 15, 2010
TIME: 3:30 P.M.
Call to Order
Pledge of Allegiance
Establish Quorum
Agenda
AdditionslDeletions
Adoption of Agenda
Mlnntes from Previons Meeting
AdditionsIDeletionslCorrcetions
Adoption of Minutes
November 20"' Minutes
Old Business
Adoption of Bylaws
New Business
a) JEMS Back to Basics BLS care article
b) JEMS Toronto ALSIBLS model
c) .lAMA N Meds vs No IV Meds OOHCA
d) SALT device and intubation
Public Comment
Board Member Discussion
Establish Next Meeting Date
Adjournment
16 j 1 A 3 .
January 15, 2010
Call to Order
Pledge of Allegiance
Establish Quol'Um
The Meeting was called to order at 3:35 P.M. by Vice Chairman Robert Metzger and a
quorum was established.
The Pledge of Allegiance was recited.
Commissioller Fred Coyle attellded.
Agenda
Additional/Deletions
Adoption of Agenda
Linda Mitchellllloved to adopt the Agenda as slIbmltted. Second by W(llter Kopka,
Carried unanimollsly, 3-0.
Minutes from Prey/ous Meeting
Additions/Deletions/Corrections
Adoption of Minutes
November 20, 2009
Walter Kopka moved to approve the Minlllesfrom the November 20,2009 Meeting as
sabmitted. Second by Linda Mitchell. Carried una/limously, 3-0.
Old Business
Adoption of Bylaws
Jennifcr Florin, Administrative Assistant ~~ Burcau of Emergency Services, confirmcd the
Advisory Board mcmbcrs had not submitted any changes to the Bylaws sincc thc last
meeting.
Walter Kopka moved to (.pprove the Bylaws as submitted. Second by Liuda Mitchell.
Carried lIIumimously, 3-0.
New Business
a) JEMS - "Back to the Basics - The Lost Art of BLS Care" (article), December, 2009
Or. Tober gave a PowerPoint presentation and outlined the points contained in the article:
the previous standard for emcrgeney medical personnel was Basic Life Support training
with Advanced Lifc Support-trained personnel as thc exception. He statcd thcre was a
tendency to movc too quickly to ALS-intervention before BLS proccdures are completcd,
and his goal was to shift the focus back to a strong foundation orAl.S training and to
improvc response time to approximately four minutcs.
His eonccrn is the deterioration of ALS skills dne to thc increasing numbcr of paramcdics
because some paramedics do not rcceives an opportunity to practice skills On a frcquent
basis, while BLS skills should be practiced Oil a regular basis sincc BLS response should
be thc first on sccne.
2
16 J 1 A 3.
January 15,2010
Linda Mitchell asked if a paramedic and an EMT were both on a scene, would both
administer ALS instcad of BLS care,
Dr. Tober replied when there is a joint team working, the efforts have been coordinated.
He referenced the East and North Naples Fire Districts which hircd a largc numbcr of
paramedics who have jumped to ALS skills without a coordinated BLS intervention.
He cited c.'om the JEMS article:
"As more and more fire departments realize that Iheir fulures are staked
onlhe abilily to posilion themselves as frontline RMS providers, pan/medic
'sall<ration' is likely to cominue. It's therefore incumbent on those in the
field 10 acknowlcdge Ihe pro/J/ems that can resallfrom absellt or inodequate
BLS care and incorporate inlo their paradigm and on-scene procedures a
strong commitment to appreciating and implementing the principles under-
lying the admonition, 'BLS comes before ALS. "
He stated a greater effort is needed to teach the community how to administer CPR until
EMS arrivcs and suggested to resume broadcasting the five-minute instmction tape on thc
County's cable channel.
Vice Chairman Metzger welcomed Commissioner Coyle to the Advisory Board.
He also asked if other studies, in addition to the OPAL Study, were available that
compared similar populations in systems that ran BLS versus ALS, based solely on
cardiac mns.
Dr. Tober stated the tirst five minutes to ten minutes of an emergency medical situation
impacts patient livelihood and almost any patient can be stabilized by enhanced CPR. He
further stated he was not awarc of any article specifically suggcsting that a "saturation" of
paramedics has positively affected the health and wellbeing of a community.
Yice Chairman Metzgcr asked what was done, after reviewing the run reports from
North Naples and East Naples, to identify and corrcct thc situation with the Fire Districts.
Dr. Tober stated the deviations from cstablished protocol were reviewcd with the
Departments' training officers.
Vice Chairman Metzger asked if the medical response data compiled by Collier County
had heen kept in the same fonnat for the past ten years
Chief Jeff Page stated the format was revised, as requested by the Fire Chiefs, and is
more inclusive.
Vlec Chairman Metzgel' asked if data was collected for "Signal 7 Declarations" and
further asked Slaff to supply the data for cardiac arrest nms that were worked and not
worked in order to understand how the runs have evolved over time and how to attribute
the improvements.
Chief Page will provide the data at the next Advisory Board meeting.
b) JEMS - "Toronto Tests New ALS/BLS Model" - August, 2009
The author stated, ..... many others accepled the all-ALS theory that was based 011 :vou
/lever know whal could go wrong' 011 a call. Research /lOW shows thlll we dOll 't/leed
ALS 011 all calls. In fact. ollly aboul 5% of calls need ALS. ..
3
_~__'_.<_""_~_"'C_" ~~_.~'.,_M__'___'
16 I 1 A 3
~
January IS, 2010
Dr. Tober stated similar data was reviewed to evaluate Collier County's protocols. Hc
noted low blood sugar can kill quickly and is considered to be a life-threatening issue.
The use of glucometers in Collier's system is considered to be a BLS skill. He suggested
an EKG hook-up and LV. initiation, when prophylactic. could also be a BLS skill.
Vice Chairman Metzger questioned whether taking an ALS unit out of service for a
BLS transport was the best use of the reSource. He askcd if the focus was to expand the
BLS footprint, should better ways to utilize ALS transport for serious incidents be
explored, and find alternative methods for BLS transport.
Dr. Tober stated he was not awarc that ALS response IVas suffering. The focus is to
shrink BLS response times.
Discussion ensued concerning other options such as:
. Utilizing private providers for non-emergency transpOlts
. Subsequent loss ofrevenue
. The need to keep the system as cost effective as possible
. How 10 maximize resources.
Also discusscd:
. complUing data to agree on a definition of what eonstitutes an ALS call
. current revenue stream - SO% is call-generated and SO% from Ad Valorem taxes
. Operation "Zone Coverage"
c) JAMA: "LV. Meds vs. No LV. Meds" - OOHCA, November, 2009
Dr. Tober outlined the article:
Context: Intravenous access and drug administration are included in Advanced Cardiac
Life Support (ACLS) guidelines despite a lack of evidence to improve outcomes.
Obiective: To determine whether removing intravcnous drug administration fi'om an
ACLS protocol would improve survival to hospital discharge after ollt-of-hospital cardiac
arrest.
Main Outcome Measures: The primary outcome was sllrvivalto hospital discharge.
Conclusion: Compared with patients who received ACLS without intravenous drug
administration following out-of-hospital cardiac arrest, patients with intravenous access
and drug administration had higher rates ofshorl-term survival with no statistically
significant improvement in survival to hospital dischargc, quality of CPR. or long-teon
survival.
Dr. Tober stated most of the individuals sent home from hospital in Collier County
received CPR and treatment within four to five minutes from onset of the emergency call.
d) S.A.L.T. Device and Intubation
Or. Tober explained how the device is used. that it was developed by the Army Corps of
Engineers and had 99% success rate when used in Afghanistan. He stated it was not
necessary to stop CPR in order to intubate using the device, and allows for blind
insertion, unlike a laryngoscopc.
4
16 I 1 A 3
January 15, 2010
Copies of articles from Emergency Physicians Monthly, dated January 12,2010, and The
Washington Post, dated December 4, 2008, were distributed to the members forreview.
Public Comment
None
Board Member Discussion
. Vice Chairman Metzger questioned whether the Advisory Board was taskcd to examine
any outstanding system issues related to QI A ("Quality Assurance") or concerns raised by
the public in its capacity to interact with Collier EMS.
There was a discussion concerning the charge fi'om the Board of County Commissioners
outlined in the Ordinance which crcated the Advisory Board.
Reference: Section Two, "Functions, Powers and Duties," Ordinance #2009-01, states:
"The Advisory Board shall have thefollowingdllties:
1. To review and advise the Board ofColmty Commissioners of all isslles
concerning pre-hospital emergency medical services within Collier County.
2. To hear all displltes arising ollt of the ALS Engine 111terlocal Agreements
between Collier COllllly al1ll the variolls Fire Districts, and make writtell
recommendatiolls to the Board of County Commissionersfor resolution of
sllch disputes.
3. To work to improve and enhance pre-hospital emergency medical care within
Collier COlllltY.
4. To review alld make writtell recommendation to the Board olCoullty
Commissiollers of all challges to established protocol alld practices
recommellded by the Medical Director's Qllality Assurance Committee.
5. To make its special knowledge and expertise amitable to the Board of County
Commissioners IIpon writtell request by the Board OfCOllllty COli/missioners. ..
Commissioner Coyle stated the intent of the Board of County Commissioners was for the
Advisory Board to serve as a coordinating committee and sounding board for any changes
to protocol, organizational responsibilities, or auything else conceming the administration
of emergency medical services within Collier COllnty.
It is the responsibility of the Board of County Commissioners to make final decisions
concerning the issues examined by the Advisory Board and its rccommcndations to the
BCC.
He stated the BCC is interested in the goal of improving response times and welcome a
clear definition of the steps 10 be taken to achieve the goal. New technology, such as
S.A.L.T., is also of interest to the BCC as well as a definition of BLS skills.
The Ad~isolY Board is to make recommendatiolls regarding the course of acfioll to be
taken by the Board of County Commissioners.
Chief Kopka stated the articles presented should help to lead the Advisory Board in a
direction, such as an emphasis on improving initial BLS training.
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January 15,2010
Dr. Tober stated EMS is developing a more aggressive first aid training program for the
Collier County Sheriffs Office and teach basic CPR to bus drivers and employees ofthe
County's Department of Parks and Recreation. He statcd another issue is to examine how
the Fire Departments can help distribute its vehicles for faster BLS responsc times.
. Linda Mitchell asked ifthe members were aware of any articles concerning the hand-off
of care in hospitals.
Next Meeting Date
April 23, 20 10 frol11 3:30 to 5:00 PM at the Neighborhood Health Clinic located at
12 Goodlette Road N., Naples, Florida.
*****
There being no further busiuess for the good of the County, the Meeting concluded by
order of the Vice Chair at 4:45 PM.
COLLIER COUNTY EMERGENCY MEDICAL
SERVICES POLICY ADVISORY BOARD
R
The Minutes were approved by the Board/Committee Chair 011 5/ d-,I/ 0
as presented V , or as amended
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; II
~ebruary 16, 201\
MINUTE~tF.'1'HEMEETING OF THE COLLIER COUNTY
HISTORICAL! ARCHAEOLOGICAL PRESERVATION BOARD
Naples, Florida, February 16,2011
LET IT BE REMEMBERED, that the Collier County Historical/Archaeological
Preservation Board in and for the County of Collier, having conducted business
herein, met on this date at 9:15 A.M. in REGULAR SESSION at the Marco
Island Historical Museum, 180 South Heathwood Drive, Marco Island, Florida,
with the following members present:
CHAIRMAN: Elizabeth Perdichizzi
Pam Brown (absent)
William Dempsey (excused)
Patricia Huff
Sharon Kenny
Rich Taylor
Craig Woodward
ALSO PRESENT: Ray Bellows, Planning Manager - Zoning Services
Glenda Smith, Budget Analyst Misc. Corres:
Kris Van Lengen, City Planner, City ofMarco~~dLl>lIo....j 1\ \
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February 16, 20 \1
I. Roll Call/Attendance
Chairman Craig Woodward called the meeting to order at 9: 15 A.M.
Roll call was taken and a quorum established.
II. Addenda to the Agenda
Add: Under Item V. Old Business- Topic B. Brochure/Guide
III. Approval of the Agenda
Sharon Kenny moved to approve the Agenda with the addition of the Addenda
item noted above. Second by Elizabeth Perdichizzi. Carried unanimously, 5-0.
IV Approval of the Minutes: January 19,2011
Patti Huffmoved to recommend approval of the Minutes of January 19,2011,
as presented. Second by Rich Taylor. Carried unanimously 5-0.
V. Old Business
A. Inter-Local Agreement Discussion
Chairman Craig Woodward introduced Kris Van Lengen, City Planner for
Marco Island, who gave a brief summary of the basis for the City's interest in
handling historic sites.
Background:
. The Comprehensive Plan for the City of Marco included no provision or
approved plan to handle historic sites and archeological finds.
. There were approximately 10 historic sites to consider on Marco Island.
. Marco Island Historical Society, interested in a possible historical
designation of the Church of God and the cemetery, had approached
Marco Island City Council.
. Applications for renovation of the Old Marco Inn were received by City
Planner.
. Marco Island City Col.lflciJ requested meeting with
Historical/Archeological Preservation Board (HAPB) for the purpose of
creating an inter-local agreement.
. HAPB had been interested in pursuing the creation of inter-local
agreements with each municipality in Collier County.
Ray Bellows had sent City Planner Kris Van Lengen the minutes of the last
HAPB meeting, at which the Board decided to pursue an inter-local agreement
with the various municipalities, starting with the City of Marco, to standardize
procedures in the historic designation process. He noted the concerns of the
County were County staff time and resources being devoted to municipalities.
The discussion centered on:
. Municipalities need not develop their own historical/archaeological boards
. Utilization of the established County standards, processes, forms and
procedures
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February 16,2011
. Staffs of municipalities to prepare documentations using approved
checklist and their own created Ordinances
. HAPB to make comments and recommendation
. Pass HAPB recommendations on to City Councils for their approval.
Chairman Craig Woodward read from a rough draft of an inter-local agreement
between Everglades City and Collier County which never materialized. It will
be reviewed by Craig Woodward and Will Dempsey as a basis to create a basic
template to present to the City of Marco as well as the other municipalities.
Sharon Kenny suggested amending an existing inter-local agreement, adding
what was needed, such as those with the Utilities and the School Board; and for
communities located partly in the City and in the County.
Kris Van Lengen cautioned it would be better tofiJCUS on one issue so other
issues, not involved with historic preservation in those agreements, wouldn't be a
problem.
Ray Bellows asked about what kind of Ordinance the City would have in place to
deal with historic sites; and, would recommendations by HAPB be amenable to
the City Council.
Kris Van Lengen responded the City Council was agreeable to go to the HAPS
for comments and recommendations: then back to City Council for final
decisions.
The City would devise its own Ordinance, modeled. fiJr the most part, after the
County's. Standards would be the same. though some procedures may be
different since the City of Marc 0 was not a certified local government.
Ray Bellows explained non-certified vs. certified local government regarding
procedure to put sites on the National Register of Historic Places.
I. Collier County, a certified local government, can directly recommend
sites.
2. A non-certified local government would have to go through the State
process and then on through to the National process.
3. A resolution to create a historic district, though not recognized on the
National Register, could be passed. But, there would be no Ordinance to
protect and enforce any changes to that site.
He also explained the Certificate of Appropriateness, its purpose and procedures.
He stated Captain Horr property and Old Marco Inn received Historic Designation
before Marco Island became a city. Renovation to Old Marco Inn would now
come under the City of Marco -an example of the benefit of inter-local agreements.
Ray Bellows and the HAPS offered to review the proposed renovations and to
provide a letter of recommendation and comments to the City Council.
Kris Van Lengen and HAPB reviewed what was to be renovated. He stated the
City Council would be receptive to a letter and comments from HAPB regarding
the Old Marco Inn renovations. Kris will e-mail all information to Craig Woodward
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February 16,2011
who will send it on to Ray Bellows and all Board Members. They will send their
recommendations and comments to the Marco Island City Council.
Ray Bellows detailed the process for implementation of the inter-local agreement:
Ray will provide the copies of-- the County Ordinance and portion ofthe LDC
which pertain to historic sites, processes and procedures, checklist, application
forms and notices issued through the Building Dept. when applying for a permit.
(Application for a Certificate of Appropriateness goes to the HAPB for approval
of any changes. It does not require BeC approval and is attached to the Site
Development Plan).
Kris Van Lengen will work on the Ordinance for the City of Marco, utilizing the
information provided by Ray Bellows. He stated the City Council was receptive
to the process.
HAPB, with guidance from Chairman Craig Woodward and Will Dempsey will
draft the inter-local agreement, which will include provisions that the City's' own
staff will be used for research and preparation of documentations. It will then
need reviewing by the Assistant County Attorney.
Upon completion of the above, both the City Council of Marco Island and the
BCC would have to approve the inter-local agreement.
Chairman Craig Woodward asked to put progress updates on the next Agenda.
Sharon Kenny questioned if the City would want a Marco Island representative
on the HAPB.
Ray Bellows responded- in the LDC, the SDP process section, the representation
is by areas olexpertise, not by areas o(the County.
B. Brochure/Guide (Addenda item)
Ray Bellows announced the Brochure/Guide was now on the County Website.
Consumer and Communications Director John Torre was impressed with the
brochure. Ray will work through him to perhaps get funding through his budget,
or through the Tourist Developmenfs budget for help with printing.
Patti Huff provided an updated brochure that included Tin City, with a historical
background write-up. She stated changes can easily be put on as needed with the
brochure on line. Hart cottage was discussed as a future addition.
Chairman Craig Woodward will speak on Friday February 18 at 9 am to the
Marco Island Planning Board. He will hand out the brochure to the City Council
members. Articles on brochure information and links to the website will be in
newspapers---Mullet Wrapper, Coastal Breeze etc., with links to the County website.
In addition to the inter-local progress updates, two Agenda items were requested:
. Update and finalization of Brochure/Guide
. Pam Brown's membership status
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February 16,2011
No Item VI was listed on the Agenda
VII. New Business
Tour of Museum
The Advisory Board agreed to move the tour of the Marco Island Museum,
Rose History Auditorium and the grounds of the property until after the meeting.
VIII. Public Comments- None
IX. Board Member Announcements
Patty Huff noted two upcoming events at the Museum of the Everglades:
1. February 22-25, the Marjory Stoneman Douglas Festival
2. March 12 from I to 5 pm, the 2nd Annual Homes Tour, which drew 600
people last year.
Rich Taylor asked if there was an interest in a presentation on the Calusa Indians
by Nick Penniman of the Conservancy Board and the Environmental Advisory
Committee. The members were open to Mr. Penniman giving a presentation. Rich
will follow up with an invitation to the HAPB.
Elizabeth Perdichizzi announced:
1. March 12 from 9 am to 4 pm, Goodland Fish and Fun event at GoodJand Park
2. March 12 - 19, Arts Afire, a week long event of exhibitions and performances
at various venues throughout the City.
She also provided an update of the progress on the Marco Island Museum
Sharon Kenny spoke on the Backyard History Museum, presently based at
Bayfront. She noted no membership was required and it was open to all. It was a
separate entity from the Naples Historical group, which does require membership.
She will put feelers out to the City of Naples regarding the handling of historic
sites and inform them of the direction the City of Marco Island was taking.
Chairman Craig Woodward told of acquiring the old windows from the
Everglades City Courthouse renovation, some old wood and materials. He will
look into the Weaver Station and Bula Misssion sites for supplies to store for the
Marco Museum's planned Pioneer Room.
Upcoming events:
I. February 25, he will speak on the history of Marco Island at Naples Preserve.
2. March I at 7 pm - Marjory Stoneman Douglas reenactment by Janine Birtolo in
Rose History Auditorium
3. March 12, afternoon event for the Official Opening of the Museum with a
ribbon-cutting ceremony followed by a barbeque at 3 pm.
Discussion followed on the date and place for the next HAPB meeting. It was decided to
meet at the Horseshoe Drive location on March 23, instead of March 16.
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The next meeting is March 23, 2011 at 9:15 AM at Collier County Growth
Management Division -Planning and Regulation Building, Room #610.
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 10:30A.M.
Historical/Archaeological Preservation Board
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Chairman, Craig Woodward
These minutes were approved by the Board/Committee on rfk'c'_'\(\ z7', lOi I
as presented X " or as amended
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RECEIVED
APR 2 0 2011
v
Board of County Commiss;oners
ISLES OF CAPRI FIREfRESCUE
ADVISORY BOARD MEETING MINUTES
MARCH 14, 2011 ~Ii~~r
ISLES OF CAPRI FIRE STATION Henning
Coyle
Coletta
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ATTENDEES:
Emilio Rodriguez, Fire Chief
Joe Langkawel, Chairman
Tcd Decker, Advisory Board Member
Kcvin Walsh, Advisory Board Member
Barbara Shea, Minutes Preparer
I. CALL TO ORDER
Joe Langkawel opened the meeting at 6:34 p.m.
II. OLD BUSINESS
A. Chiefs Report.
B. January 2011 Advisory Board Meeting Minutes. Misc. Carres:
1. Copy of Minutes distributed.
2. Motion to approve January 20 II Minutes by Kevin W<1!aw; 4 \ 1<...\ \ \ \
a. Motion seconded by Ted Decker. .::r: ( l\
b. Motion carried unanimously. Item #: \WI ~_~S
c. Minutes signed offby Chairman Langkawel.
C. Automatic aid to Marco Island.
1. Responses to fire alarms on Marco were eliminated as of 02/15/11.
2. Chief Rodriguez will continue to monitor and analyze quarterly.
3. Chief Rodriguez met with Chief Murphy and Chief Byrne.
a. Marco Island Chiefs have expressed understanding.
b. Marco Island Chiefs understand ICFD responsibility to its citizens.
c. Marco Island Chiefs understand ICFD economic constraints.
D. ICFD Boat Dock.
1. M.E. Gose, of Sebring Florida, is thc awarded contractor.
2. 03/15 conference call to include Chief Rodriguez, M.E.Gose & Project Mgr.
3. Minor electrical applications for the dock are soon to be worked out.
4. Construction should begin within two months.
__.,.__u.,.., _."m'.,"+"""___~~"_"~'_
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III. NEW BUSINESS
A. lCFD 2010 Annual Report completed and distributed.
1. Each ICFD Advisory Board member has received a copy.
2. A copy is available for any citizen who requests one.
3. The report includes a total and breakdown of types of response calls.
4. The report includes annual training hours.
B. FY2012 budget preparation has begun.
I. County guidance is for a 3% decline in overall property values.
2, Other specific guidelines/instructions have not yet been distributed.
3. ICFD will not budget for any capital expenditures in FY2012.
4. lCFD expects no vehicle feplacements for at least a few years.
C. 201 I SW Florida brush season has begun.
1. 2011 is expected to be an active brush fire season.
2. 2011 awarded Forestry Grant was used fOf replacement firefighter PPE.
D. Steering Committee Report by Joe Langkawwel..
1. New officials were elected.
2. The Committee's by-laws are being reviewed, rewritten, and clarified.
3. The Committee is "on hold" until the new by-laws are completed.
4. ICFD has paid its 20 II annual dues of $250.
IV. ADJOURNMENT
A. Motion to adjourn the meeting by Ted Decker at 6:57 p.m.
1. Motion seconded by Kevin Walsh.
2. Motion carried unanimously.
Approved: I/~/[~ ___
Date: /" ?-( ~q Ii /
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