Backup Documents 12/01/2009 Item #16I161
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
December 1, 2009
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1) Airport Authority:
Minutes of September 14, 2009.
2) Animal Services Advisory Board:
Minutes of September 15, 2009.
3) Board of Building Adjustments and Appeals:
Minutes of October 13, 2009.
4) Collier County Code Enforcement Board:
Minutes of September 24, 2009.
5) Contractors Licensing Board:
Minutes of September 17, 2009.
6) Forest Lakes Roadway and Drainage Advisory Committee:
Agenda of October 14, 2009.
Minutes of September 9, 2009.
7) Golden Gate Beautification Advisory Committee:
Agenda of August 11, 2009; October 13, 2009.
Minutes of August 11, 2009.
8) Immokalee Enterprise Zone Development Agency:
Agenda of September 16, 2009.
Minutes of August 19, 2009; September 16, 2009.
9) Immokalee Local Redevelopment Advisory Board:
Agenda of September 16, 2009.
Minutes of August 19, 2009; September 16, 2009,
10) Immokalee Master Plan and Visioning Committee:
Agenda of September 16, 2009 joint w /CRA; October 21, 2009 joint
w /CRA.
Minutes of August 19, 2009 joint w /CRA; September 16, 2009 joint
w /CRA.
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COLLIER COUNTY AIRPORT AUTHORITY
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" ""'TIiIiV'ij'i § OF REGULAR MONDAY, SEPTEMBER 14, 2009 MEETING, 61 1 PA
MEMBERS Byron Meade
PRESENT: Jim Murray
STAFF: Theresa Cook
PUBLIC: Diana McGee
Tom Conrecode
Tony Alves
Brooke Gabrielsen
Michael Klein
Dave Gardner
Lloyd Byerhof
Frank Secrest
Bob Tweedie
Colleen Greene
Debbie Brueggeman
Tammy Nemecek
Dick Rice
Pat Utter
Tom Jones
Dave Odom
Andrea Correa
Dick Brodeur
Ken Sneeden
Shane Johnson
Dan Summers
Rod Rodriquez
Marvin Courtright
I. MEETING CALLED TO ORDER
Meeting called to order at 1:00 p.m. A quorum was present throughout the meeting.
III. APPROVAL OF AGENDA
Under Agenda Item IX. New Business:
E. Resolution No. 09 -46 supporting the concept of the Collier County Bureau of Emergency
Service constructing a fire station and EMS facility for the Isle of Capri Fire Department
and EMS on Marco Island Executive Airport property.
Mr. Murray then made a motion to approve the agenda as amended. Mr. Byerhof seconded,
and the Agenda, as amended, was approved unanimously.
IV. APPROVAL OF AUGUST 10, 2009 MINUTES
Mr. Klein made a motion to approve the August 10, 2009 minutes. Mr. Byerhof seconded, and
the August 10, 2009 minutes were approved unanimously.
After approving the August 10, 2009 minutes, Mr. Meade acknowledged Mr. Price's 16 years
of service as a member of the Airport Authority Board, and exhibited the plaque that will be
presented to Mr. Price for his years of dedication and contributions to the Authority.
V. BLUE RIBBON COMMITTEE PRESENTATION
The Blue Ribbon Committee, consisting of the Economic Development Center of Collier
County (EDC), the Eastern Collier Chamber of Commerce, the Immokalee Community
Redevelopment Agency (CRA), local businesses, land owners, developers, and citizens,
utilized the Immokalee Regional Airport Master Plan to develop an action plan for the airport.
The committee provided the Authority with an overview of this action plan, highlighting the
following key points: Misc. Corres:
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CCAA Minutes September 14, 2009 Page 2
• The growth of the airport requires physical improvements, which requires tuntmg.1
• The airport has enough land to support light industry as well as pure aviation. The
committee estimates that the airport could support 4,000 -5,000 jobs.
• The committee estimates that over the next 30 -40 years, approximately 80,000 new
households will be added to the geographic "trade area" of the airport.
• The primary goal of the airport should be to "produce positive cash flow" by growing
business development and revenue through fuel sales.
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CCAA Minutes September 14, 2009 Page 2
• The growth of the airport requires physical improvements, which requires iuning.) 1 �1
• The airport has enough land to support light industry as well as pure aviation. The
committee estimates that the airport could support 4,000 -5,000 jobs.
• The committee estimates that over the next 30 -40 years, approximately 80,000 new
households will be added to the geographic "trade area" of the airport.
• The primary goal of the airport should be to "produce positive cash flow" by growing
business development and revenue through fuel sales.
Subsequent to the presentation, discussion about estimates and assumptions in the action plan
ensued. The Authority indicated that it needs time to review and discuss the committee's
findings and recommendations prior to committing to making ajoint presentation to the BCC,
and thanked Mr. Murray for representing the Airport Authority on the committee.
Mr. Klein made a motion to close the discussion regarding the estimates and assumptions and
defer it to a future meeting. Mr. Gardner seconded, and the motion passed unanimously.
Mr. Murray then made a motion that the Authority and EDC work together before the
Authority's next meeting to develop a plan as to how to approach the next steps. Mr. Byerhof
seconded, and the motion passed unanimously.
VI. FINANCE REPORTS — MONTH ENDED JULY 2009
The Authority commended staff for running a very tight ship in a difficult environment, and
requested that the finance report include a graph showing monthly trends in fuel sales. Mr.
Byerhof will meet with Ms. Mueller to discuss what the Authority would like to have presented
in future finance reports.
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The work order status report provides an update of the outstanding work orders and
contracts /agreements, including payments made to date. The Authority intends to extend the
October 12, 2009 meeting to review the work orders and associated projects in more detail.
No action required.
VIII. EXECUTIVE DIRECTOR'S REPORT
Updates and discussion of the following took place:
September 15, 2009 Board of County Commissioners (BCC) Meeting. The appointments to
the Airport Authority Board for the four open positions will be made at the September 15, 2009
Board of County Commissioners (BCC) meeting. At 1:00 the Florida Army National Guard
will present its plans for the proposed sub -lease area at the Immokalee Regional Airport.
Passarella & Associates Work Orders. Mr. Shane Johnson, Passarella & Associates, Inc. spoke
to the Authority regarding the Passarella & Associates, Inc. work order and change orders on
the Agenda for approval.
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CCAA Minutes September 14, 2009 Page 3
Florida Department of Transportation (FDOT) Joint Airport Capital Improvement Program
JACIP . The Authority updates these five -year plans every year, and is currently working
with FDOT to complete this year's update by mid September. The JACIP update is in
coordination with the Airport Master Plans.
Immokalee Regional Airport. Ms. Penny Phillippi, Immokalee CRA, will bring the proposal
for a Business Development Center at the airport back to the Authority at the October 12, 2009
meeting.
The bid for the USDA building has been extended to September 25, 2009.
Instrument approach enhancements were implemented on August 27, 2009.
Marco Island Executive Airport . A Project kick -off meeting for the Apron Expansion (North)
and Parking Lot Relocation project was held on September 10, 2009 with consultants from Q.
Grady Minor, the contractor, DeAngelis Diamond, and staff.
The summer interns recently completed the work necessary for the changing of the Everglades
Airpark UNICOM frequency. The airport received approval from the FCC the end of last
week to change the UNICOM frequency to 123.075. A date for the change has not yet been
established, but it will be before November 1, 2009.
The Bureau of Emergency Services has proposed building a new fire department/EMS facility
on airport property. Mr. Dan Summers, Bureau of Emergency Management Services,
expressed his appreciation to the Authority for their interest in ajoint fire /EMS facility at the
airport. This project represents an opportunity to support the Authority's risk management
strategies on the airport, and can also help reduce insurance costs to local home owners. The
Isle of Capri Fire Department is a dependant district under the BCC.
Everglades Airpark. The contractor is working on pilings. The concrete slab will be completed
within the next few weeks. The hangar building is scheduled to be delivered within a couple of
weeks. The Authority will notify the tenants displaced after the building was damaged when
the hangar building is complete.
IX. NEW BUSINESS
Mr. Klein made a motion to approve Resolution No. 09 -42 approving and authorizing the
Authority's Executive Director to execute Change Order #2 to Passarella & Associates, Inc.
Work Order #4500103994 (CCAA Tracking #PAS -FT- 4168- 09 -02) in the amount of $7,100
for mitigation monitoring and coordination at Rookery Bay required for the Marco Island
Executive Airport taxiway, increasing the total amount of the Work Order from $84,180 to
$91,280. Mr. Secrest seconded, and Resolution No. 09 -42 was approved unanimously.
Mr. Murray made a motion to approve Resolution No. 09 -43 approving and authorizing the
Authority's Executive Director to execute Change Order #2 to Passarella & Associates, Inc.
Work Order #4500103623 (CCAA Tracking #PAS -FT- 4168- 09 -01) in the amount of $2,500
for off -site mitigation requirements at Rookery Bay for the Marco Island Executive Airport
taxiway, increasing the total amount of the Work Order from $6,800 to $9,300. Mr. Klein
seconded, and Resolution No. 09 -43 was approved unanimously.
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CCAA Minutes September 14, 2009 +' 6 1 Page 41 �('
Mr. Byerhof made a motion to approve Resolution No. 09 -44 approving and authorizing the
Authority's Executive Director to execute Passarella & Associates, Inc. Work Order with
CCAA Tracking #PAS -FT- 4168 -09 -03 in the amount of $3,100 for ecological services required
for Public Hearings for the PUD Approval for the Immokalee Regional Airport. Mr. Secrest
seconded, and Resolution No. 09 -44 was approved unanimously.
Mr. Klein made a motion to approve Resolution No. 09 -45 recommending that the BCC
approve and authorize its Chairman to execute the attached twenty -five (25) year sub -lease
agreement with the Department of Military Affairs Armory Board (Florida Army National
Guard) for 26.41 acres at the Immokalee Regional Airport for the construction of a military
Readiness Center, whereby the BCC shall deduct the imputed rent for this sub -lease agreement
from the debt the Authority owes the County. Mr. Murray seconded, and Resolution No. 09 -45
was approved unanimously.
Mr. Klein made a motion to approve Resolution No. 09 -46 supporting the concept of the
Collier County Bureau of Emergency Services constructing a fire station and EMS facility for
the Isle of Capri Fire Department and EMS on Marco Island Executive Airport property. Mr.
Secrest seconded, and Resolution No. 09 -46 was approved unanimously.
Election of Officers:
Mr. Meade was nominated as Chairman. There were no other nominations. Mr. Murray
motioned to close the nominations. Mr. Klein seconded, and the Board voted unanimously
to re -elect Mr. Meade as Chairman.
Mr. Klein was nominated to continue as Vice - Chairman. There were no other nominations.
Mr. Murray motioned to close the nominations. Mr. Gardner seconded, and the Board voted
unanimously to re -elect Mr. Klein as Vice - Chairman.
Mr. Gardner was nominated to continue as Secretary. There were no other nominations.
Mr. Klein motioned to close the nominations. Mr. Murray seconded, and the Board voted
unanimously to re -elect Mr. Gardner as Secretary.
XL ADJOURNMENT
Prior to adjourning, Ms. Colleen Greene, Assistant County Attorney, reiterated Sunshine Law
regulations, and Mr. Klein suggested encumbering as much FAA funding as possible for
Everglades Airpark.
The meeting was then adjourned "without objection."
COLLIER COUNTY AIRPORT AUTHORITY
COLLIER COUNTY, FLORIDA)
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September 15, 2009
MINUTES OF THE MEETING OF COLLIER COUNTY
DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE
Naples, Florida, September 15, 2009 2 6 2009
r'oa'd of County "ummissioners
LET IT BE REMEMBERED, that the Collier County Domestic Animal
Services Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 6:30 PM in REGULAR
SESSION at Domestic Animal Services Training Room, Davis Blvd., East
Naples, Florida, with the following members present:
CHAIRMAN: Michele Antonia
Marcia Breithaupt
Dr. Ruth Eisele
Sergeant David Estes (Excused)
Tom Kepp, Jr.
Sabina Musci
Jim Rich
ALSO PRESENT: Amanda Townsend, Director. DAS
Nan Gerhardt, Shelter Operations Manager • CO"I`
Hailey Alonso, Administrative Assistant, D"; 0 I ° 0
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September 15, 2009
I. Call to Order
Chairman Michele Antonia called the meeting to order at 6:32 PM.
II. Attendance
Attendance was taken and a quorum established.
III. Approval of Agenda
Sabina Musci moved to approve the agenda as submitted. Second by Jim Rich.
Motion carried unanimously, 6 -0.
IV. Approval of Minutes of August 18, 2009
Change V. K First Paragraph to "Mission Statement was not yppropriate"
Marcia Breithaupt moved to approve the minutes ofAugust 18, 2009 as amended
Second by Jim Rich. Motion carried unanimously, 6 -0.
V. Old Business
A. Directors Report
Amanda Townsend reported
• Starting October 1" "Open to Public" hours for DAS will be 9 am to 6
pm; Monday through Saturday.
• Adoption hours start at 11:00 am.
• Animal Control Officers will be working shifts to provide service 24
hours 5 days a week.
• "On call" hours will be 11 pm to 7 am; Saturdays and Sundays the
Sheriff Dispatcher will take calls.
• DAS received a stray Ram.
• A horse was left behind by the owner and DAS is working with new
buyer of the property.
B. Departmental Statistics and Reports (See attached)
Statistics were reviewed and discussed.
• Animal Intakes are down 10% from last year.
• The majority of "Return to Owners" is dogs.
• Clinic has increased the number of Spay and Neuter surgeries.
It was noted DAS has opened a Purchase Order to utilize Collier Spay & Neuter
Clinic services as needed.
Discussion ensued on implementing the collection of fines and penalties on
unpaid citations by attaching the fees to driver licenses, boat licenses or by
placing liens on property.
Amanda Townsend stated she has contacted the legal department for legal
services and noted DAS already has "Graduated Penalties" built in
Resolution No. 2008.
September 1 52009 1 +�
C. 2010 DAS Potential Projects
Jim Rich distributed a priority list of 2010 DAS Projects Report and DASAB
July 2009 Meeting Worksheet, a concept on upcoming projects. (See attached)
He recommended each Board Member rank the projects listed on the 2010 DAS
Potential Projects and number 1 through 10 for the next meeting.
Jim Rich moved to postpone discussion until the next board meeting when
Board Members will submit their project rankings from I through 10. Second
by Marcia Breithaupt. Motion carried unanimously, 6 -0.
D. Microchip Research Policy
Amanda Townsend reported the Staff is currently working on the project.
C. 2010 DAS Potential Projects — additional items were discussed.
Michele Antonr0 asked for ekrnpeativn on actions of the Community Cat
EoHat . "CT, /-r
Amanda Townsend responded they will Petition the BCC at the October 27
meeting to add TNR (Trapment, Neuter and Return) to the Animal Control
Ordinance. Other issues to be addressed at the Public Forum are anti - cruelty
and revising portions of the Dangerous Dog Hearing process from a Panel
Hearing to Special Magistrate to avoid any conflict of interest issues.
E. Role and Procedure Clarification
Amanda Townsend provided the Advisory Board with an example of a
"Procedures for Advisory Committee." (See attached) She recommended they
review and discuss them at the next meeting.
VI. New Business
A. Change to Fee Policy
Amanda Townsend recommended the following revisions to Resolution No.
2008 as follows (See attached)
• Impound Fees and Daily Board Fees will be waived for cats and dogs
reclaimed before the end of the second business day after impoundment
when the animal is wearing a current County license at the time of
impoundment.
• Unaltered dog or cat license fee of $60 will be refunded to the $10 spayed
or neutered fee rate when the animal owner presents proof of spay or
neuter within 30 days of purchase.
Discussion ensued on changing fees to give the Public incentives to purchase
licenses and/or spay and neuter their animals with the ability to change the Fee
Policy back if the incentive programs do not work.
Jim Rich moved to amend Fees (By Resolution) as proposed. Second byTom
Kepp. Motion carried 5 -0. Marcia Breithaupt opposed.
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September 15, 2009
B. Partnerships with local non - profit organizations
Amanda Townsend announced the Staff composed a Memorandum of
Understanding with expectations, rights and responsibilities for each Rescue
Group to be executed with DAS and has been submitted to the County
Attorney's office for approval.
Any Rescue Group or Non - profit Group that would like to become involved
with post- disaster assistance for the County will need to execute a
Memorandum of Understanding with the County to be included in the Disaster
Master Plan in which one of the benefits would be to receive FEMA
Reimbursements.
Discussion ensued on waiving the adoption fees to Rescue Groups and was
decided the rescue fee would not be waived.
VII. Public Comments
Janet Rossano asked the costs for euthanasia on cats and dogs.
Staff responded the costs are less than 50 cents per dog of cat.
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Steven Wright commended the Staff for changing the "Open to Public" hours and
increasing the number of cats on display. He asked the Advisory Board to review
the Procedures for Advisory Committees carefully and take into consideration public
input as some of the items severely restrict public participation.
Ann Dee Yurick stated she is a Licensed Breeder and wants the public to know
there are responsible breeders in the business that want to be represented with the
breeder licensing.
Nancy Reyelt, business owner directed the following questions to Amanda
Townsend.
Q. She asked how long an adoptable animal is held at DAS before they are
euthanized.
Answer - It depends, the Animal Control Ordinance requires a minimum of
120 hours on stray animals or upon surrender.
Q. She asked if Ms Townsend is still against adding "Adoption" to the
Mission Statement.
Answer - Yes.
Q. If the animal is not healthy enough for adoption, is it rehabbed or
is it euthanized.
Answer - It would be handled on a "case by case " basis.
Q. What is DAS's definition of a "Rodeo ?"
Answer - Staff could not answer but said it was defined in the Animal
Control Ordinance.
Michele Antonjcommended the Staff citing their many accomplishments and
how easy it is to work with them.
161 1 fo
September 15, 2009
Ali O'Connor addressed comments made at the August 18, 2009 and expressed
appreciation to DAS by reading a statement.
VIII. Advisory Board Member Comments
Marcia Breithaupt asked Staff to breakdown on the number of animals rescued
by Rescue Groups and intake by surrender vs. trade vs. confiscated for cruelty
on the Shelter Report.
Staff responded the request could be done with the computer software in place.
Tom Kepp stated he agreed with the praise Michele Antonio gave DAS.
He also stated if the fee changes do not work, he will want the Fee Policy reversed.
Jim Rich asked Staff if the DAS 2010 Potential Projects were available online. He
suggested the public review the projects and contact one of the Board Members with
their thoughts on ranking the potential projects for the Board to take into
consideration.
Dr. Ruth Eisele suggested Staff keep track on the public coming through the door
for another 6 months to monitor how the system is working.
Sneaker
Sandy Steinkopf stated she was a breeder, showed dogs and commented the AKC
does not allow dogs to be judged if they are not intact.
a
Michele Antonio , recommended the Breeder Regulations be placed on the
November Agenda.
Next Advisory Board Meeting is scheduled for October 20, 2009 at the Domestic
Animal Training Room, Davis Blvd, Naples, Florida
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 8:13 PM.
COLLIER COUNTY DOMESTIC ANIMAL
SERVICES
C airman Michele Antonia
These minutes approved by Board/Committee on
as presented or as amended �*/-,.
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October 13, 2009
MINUTES OF THE MEETING OF THE COLLIER COUNTY
BOARD OF ADJUSTMENT AND APPEALS _
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Naples, Florida, October 13, 2009 0 1 "008
LET IT BE REMEMBERED, that the Collier County Board of Adjustment
and Appeals in and for the County of Collier, having conducted business
herein, met on this date at 1:00 P.M. in REGULAR SESSION at the Collier
County Community Development Services Conference Room 4609/610,
2800 N. Horseshoe Drive, Naples, Florida, with the following members
present:
CHAIRMAN: Ken Rech
Aaron Hokanson
Bill Silvester
John Melton
Randy Anderson (Excused)
ALSO PRESENT: Bob Dunn, Building Director
Jeff Wright, Assistant County Atty.
Paula Brethauer, Operations Analyst
Gary Harrison, Deputy Building Official
Jim Turner, Chief Plumbing Inspector
Richard Long, Chief Electrical Inspector
Michael Ossorio, Contractor Licensing
Bob Salvaggio, Deputy Fire Code Officiallm Cones:
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October 13, 2004 + A3
I. Call to Order
Chairman Rech called the meeting to order at 1:00 pm
II. Roll Call
Roll call was taken and a quorum was established.
III. Old Business
Review & approval of meeting minutes from 10/6/09
Mr. Melton moved to approve the minutes of the October 6, 2009 meeting
subject to the following corrections:
Head sheet and page 5, paragraph 4, line 5 "Mr. Silvestor" to "Mr. Silvester"
Second by Mr. Silvester. Carried unanimously. 4 -0.
IV. New Business
Review the final Ordinance for permit extensions for single family
(detached) home residences
Bob Dunn, Building Director presented the proposed Collier County
Ordinance addressing "THE ADOPTION OF AND ADDITIONS TO THE
FLORIDA BUILDING CODE" (SECTION ONE)" including proposed
permit exemptions to the Collier County Code for owners of single - family
detached residences. He noted the recommendations proposed by the Board
of Adjustment and Appeals at the October 6, 2009 meeting have been
incorporated into the proposed Ordinance.
Speaker
Peter Gaddy, Golden Gate Area Civic Association, thanked Staff and the
Board for their efforts in bringing the proposed exemptions to fruition.
Jeff Wright, Assistant County Attorney noted the purpose of the proposed
Ordinance is to clarify permit exemptions in unincorporated Collier County
and update the County Code to the 2007 Florida Building Code.
Mr. Hokanson moved to recommend the Board of County Commissioners
approve the proposed Ordinance. Second by Mr. Silvester. Carried
unanimously 4 -0.
V. Public Comments
None
VI. Review of future meetings /topics
None
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 1:12 PM.
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October 13, 2009
COLLIER COUNTY BOARD OF ADJUSTMENT
AND APPEALS
Chairman Ken Rech
These Minutes were a oved by the Board/Chairman on
as presented ✓, or as amended
161 1'�
September 24, 2009
TRANSCRIPT OF THE MEETING OF QVE A
CO.DE�ENFORCEMENT BOARDHaias
Naples, Florida Honleng�
` ` 1 September 24, 2009 Colette
LET IT BE REMEMBERED, that the Collier County Code
Enforcement Board, in and for the County of Collier, having
conducted business herein, met on this date at 9:00 a.m. in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
Vice - Chair: Kenneth Kelly
Gerald Lefebvre (Absent)
Larry Dean
Nicolas Hemes (Absent)
Edward Larsen (Absent)
Lionel L'Esperance
Robert Kaufman
James Lavinski
Heriminio Ortega (Absent)
ALSO PRESENT:
Heidi Ashton- Cicko, Assistant County Attorney
Diane Flagg, Code Enforcement Director
Jen Waldron, Code Enforcement Specialist
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September 24, 2009
VICE - CHAIRMAN KELLY: Good morning, everyone. I'd like
to call the Code Enforcement Board meeting to order.
Notice: The respondent may be limited to 20 minutes for case
presentation, unless additional time is granted by the board. Persons
wishing to speak on any agenda item will receive up to five minutes,
unless the time is adjusted by the chair.
All parties participating in the public hearing are asked to
observe Robert's Rules of Order and speak one at a time so that the
court reporter can record all statements being made.
Any person who decides to appeal a decision of the board will
need a record of the proceedings pertaining thereto and therefore may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is to be based. Neither Collier County nor the Code
Enforcement Board shall be responsible for providing this record.
May I have roll call, please.
MS. WALDRON: Mr. Ken Kelly?
VICE- CHAIRMAN KELLY: Here.
MS. WALDRON: Mr. Robert Kaufman?
MR. KAUFMAN: Here.
MS. WALDRON: Mr. James Lavinski?
MR. LAVINSKI: Here.
MS. WALDRON: Mr. Lionel L'Esperance?
MR. L'ESPERANCE: Here.
MS. WALDRON: Mr. Larry Dean?
MR. DEAN: Here.
MS. WALDRON: Mr. Gerald Lefebvre has an excused absence,
Mr. Nicolas Hemes has an excused absence, Mr. Ed Larsen has an
excused absence, and Mr. Heriminio Ortego is not present.
VICE- CHAIRMAN KELLY: Thank you.
Next we'll go to approval of agenda.
Staff, is there any changes?
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September 24, 2009
MS. WALDRON: Yes, there are changes.
We have an addition under motion for extension of time. This
will be number two. It's D.C. Kirkhoff Company, Case 2007090683.
We have two items that have been moved under stipulations.
The first will be Item C.8 under hearings, BCC versus Georges and
Etheres E. Alcee, CESD20090011384.
And Item CA under hearings, BCC versus Petitoles Saint Jean.
Case CESD20090010557.
Item C under hearings, number five, BCC versus Anthony
Dinorcia, Sr., Case CEVR20080013185 has been withdrawn.
Number seven under hearings, BCC versus Marie L. Gilot, Case
CESD20080015112 has been withdrawn.
And number nine under hearings, BCC versus Roxana Sorokoty
Trust, Walter G. Sorokoty, Jr. Estate, Case CESD2009005007 has
been withdrawn.
And we have an additional stipulation that just came in, which
we will move under stipulations as Item C.1 under hearings, BCC
versus Manuel F. and Ana L. Moran, CESD20080007126.
VICE - CHAIRMAN KELLY: All right, thank you.
Does anybody want a minute to reorganize their packet?
MR. KAUFMAN: Uh -huh.
VICE - CHAIRMAN KELLY: Just take a quick minute.
(Recess.)
VICE - CHAIRMAN KELLY: Okay, is that all of the changes?
MS. WALDRON: (Nods head affirmatively.)
VICE - CHAIRMAN KELLY: With that, I'll entertain a motion to
approve the agenda.
MR. DEAN: Motion to approve the agenda.
VICE - CHAIRMAN KELLY: We have a motion.
MR. KAUFMAN: Second.
VICE - CHAIRMAN KELLY: And a second.
All those in favor?
Page 3
MR. DEAN: Aye.
VICE - CHAIRMAN KELLY:
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
VICE - CHAIRMAN KELLY:
(No response.)
VICE - CHAIRMAN KELLY:
On to approval of the minutes.
minutes?
(No response.)
16 1 1 4�
September 24, 2009
Aye.
Any opposed?
Motion carries.
Any changes, questions about the
MR. KAUFMAN: Make a motion to approve the minutes.
VICE - CHAIRMAN KELLY: We have a motion.
Do we have a second?
MR. L'ESPERANCE: Second.
VICE - CHAIRMAN KELLY: Second.
All those in favor?
MR. DEAN: Aye.
VICE - CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKL• Aye.
VICE - CHAIRMAN KELLY: Any opposed?
(No response.)
VICE - CHAIRMAN KELLY: And it carries.
Public hearings. Motion for extension of time. Catalina Calderon
Estate, or Mrs. Dimas and Calderon.
(Speakers were duly sworn.)
THE COURT REPORTER: May I have your name, please?
MR. DIMAS: My name is Raul Dimas, Jr.
THE COURT REPORTER: Could you spell your first name.
MR. DIMAS: Raul, R- A -U -L. Dimas, D- I- M -A -S.
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September 24, 2009
THE COURT REPORTER: And your name, please.
MR. CALDERON: George Calderon.
MR. WALKER: Weldon Walker.
VICE - CHAIRMAN KELLY: Good morning. If you would,
speak slowly so that the court reporter could record everything word
for word, please.
Also, we have here a letter stating that you'd like a motion to
extend time. Could you explain the circumstances behind that, please.
MR. DIMAS: Unfortunately it's taken us a little bit more time
than needed to demolish the residence. And being that our time is
going to be up by the end of this month, we've asked for a continuance
of time because of the planning process, trying to get everything to fall
into place so we can go ahead and continue with the demolish.
VICE - CHAIRMAN KELLY: And Investigator, any objection
from county?
MR. WALKER: Not at all, sir.
VICE - CHAIRMAN KELLY: How much time do you think
you'll need?
MR. DIMAS: Well, we were kind of hoping that, you know,
we'd have it done as soon as possible. We've asked for a three -month
extension in hopes that that would be sufficient to try to get a date
scheduled and everything taken care of.
VICE - CHAIRMAN KELLY: Gotcha.
Any comments or questions from the board?
(No response.)
VICE - CHAIRMAN KELLY: To the board members, does 90
days seem sufficient? Are you okay with that?
MR. DEAN: I'm fine with that.
MR. L'ESPERANCE: No problem.
VICE - CHAIRMAN KELLY: Entertain a motion.
MR. KAUFMAN: Motion to extend three months.
MR. DEAN: I'll second.
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September 24, 2009
MS. ASHTON- CICKO: Mr. Chairman, I have some
clarification.
VICE - CHAIRMAN KELLY: Please.
MS. ASHTON- CICKO: I'm sorry to interrupt.
VICE - CHAIRMAN KELLY: That's okay.
MS. ASHTON- CICKO: Ninety days from the date of today or
from the deadline, which was yesterday?
VICE - CHAIRMAN KELLY: Good point.
MR. KAUFMAN: From the deadline. From yesterday.
MR. L'ESPERANCE: The deadline is the end of the month.
MS. ASHTON- CICKO: Well, according to the order, he had
until September 23rd.
MR. L'ESPERANCE: So it starts on the 23rd, Robert, is what
you're saying?
MR. KAUFMAN: Yes.
Do you have any problem with that?
MR. DIMAS: No, sir. That's what we had put into the
paperwork, by the end of the deadline to start another three months
after.
VICE - CHAIRMAN KELLY
motion?
MS. ASHTON- CICKO: No.
VICE - CHAIRMAN KELLY
second by Mr. Dean.
All those in favor?
MR. DEAN: Aye.
VICE - CHAIRMAN KELLY
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
VICE - CHAIRMAN KELLY
(No response.)
Do we need to reinstate the
We have a motion and we have a
Aye.
Opposed?
Page 6
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September 24, 2009
VICE - CHAIRMAN KELLY: You have an additional 90 days
time from yesterday. Thank you.
MR. DIMAS: Thank you.
VICE- CHAIRMAN KELLY: And thanks for coming to us
ahead of time. Appreciate that.
Next case is DC Kirkhoff and Company for a motion for
extension of time.
(Speakers were duly sworn.)
THE COURT REPORTER: May I have your name, please?
MR. KIRKHOFF: I'm Daniel C. Kirkhoff.
VICE - CHAIRMAN KELLY: Good, morning, sir.
MR. KIRKHOFF: Good morning.
VICE - CHAIRMAN KELLY: Mr. Snow.
Sir, we do have the letter and a copy of the original motion for
extension. Would you like to just briefly explain the reason behind
this one.
MR. KIRKHOFF: The reason by this one is I request a -- I have
to meet with the county and tell them what the real circumstances are.
D.C. Kirkhoff Company, which I founded 35 years ago, we've been at
this location for well over, oh, probably 30 years plus. Work on
architectural precast concrete. We're certified with the Architectural
Association. And we've been operating here in compliance, to my
knowledge, for this amount of time.
We had been -- we had been leasing property in the back. I own
the front two lots and we've been leasing property in the back to store
our material. We had purchased this material -- or purchased the
property in the back and had found out that we were in noncompliance
with code -- or that we needed a site development permit, of which I
didn't have knowledge of it. I thought because it was an industrial
park, heavy industrial zoned park, that we could use it for storing
material. I found out differently.
We are -- I don't have a problem bringing that property up to
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September 24, 2009
code. But because I own the front property and I then told (sic) that
by -- I thought that it had been up to code and properly permitted, but
they want me to move my aggregate bins. If I move my aggregate
bins then I have to move my plant, or at least I have to do a site study
to see the traffic flow.
So I need time to meet with the county, which I believe my
engineer has said that we can do, or that they agreed to. And so I need
an extension of time for that. And I don't know if that will be a year
or what. It depends on how much -- you know, what the county says
that we can do and if I have to move my plant, which I don't want to
do. I've been here for 30 plus years.
MR. SNOW: Mr. Kelly -- Mr. Chair, if I can refresh your
memory on this. This was a case where there was property use in the
back with no -- it was vacant land and he was utilizing it.
When he started his site improvement plan to try to bring the
back property into compliance, the county has some problems with the
front property also. Remember, these were two separate properties.
He purchased the rear property and was utilizing it, and he's always
been in the front.
So now to come into county compliance he has to bring the front
property into compliance. And that's where the issue is. Before he
can do anything in the back, now he's got to work with the front. So I
don't -- it's going to be a very, very extensive project for him to try to
do that. Because it was preexisting and, you know, the regulations 30
years ago aren't what they were (sic) today.
So the county has no objection to any amount of time that the
board would like to give.
MR. KAUFMAN: Would 12 months be adequate time for you to
get your meeting with the county and at least line up what you need to
do?
MR. KIRKHOFF: I have a note here. l hope so. You know, to
answer your question, I hope so. It's up to the county. I've not met
161 1 P4
September 24, 2009
with the county. I have a note from my engineer saying that the
county wishes to meet with us about the aggregate bins in the front.
Which I had permitted. So -- and then, you know, if we move the
aggregate bins and they want to put trees there and the trees will put
leafy things into my aggregate and if I sell product to the county, I'm
going to have problems. So --
MR. SNOW: Mr. Chair, what -- excuse me, Mr. Kirkhof£
What we could do is have him contact with code enforcement
written via e -mail every 30 to 60 days to give us an update so we're
going to have a chronological order. So if we come back and ask for
more time we could present that evidence to the board and say this is
where we're at. That's what -- especially when you're giving 12
months, there's really no time frame for them to come into
compliance. So if you give them some deadlines, usually -- or give
them some stipulations to meet this, every 30, 60 days contact code,
then I'm sure that that will work out fine.
VICE - CHAIRMAN KELLY: I appreciate that as a suggestion.
Thank you.
MR. KAUFMAN: How about if we entertain a motion that we
extend the time 12 months, with quarterly reviews with code
enforcement. And then at such time after 12 months if new time is
needed we have the record to take care of that.
VICE - CHAIRMAN KELLY: And that is a motion?
MR. KAUFMAN: That's a motion.
VICE - CHAIRMAN KELLY: We have a motion. Do we have a
second?
MR. DEAN: I'll second that motion.
VICE - CHAIRMAN KELLY: Seconded by Mr. Dean.
Any comments?
MS. ASHTON- CICKO: Could you clarify, is that 12 months
from today?
MR. KAUFMAN: Yes.
N=
16 1 1 ~
September 24, 2009
MS. ASHTON-CICKO: Thank you.
VI CE-CHAIRMAN KELLY: Any additional comments or
questions?
(No response.)
VICE-CHAIRMAN KELLY: All in favor?
MR. DEAN: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: Very good.
Anything just to let us know and establish a time line that there's
progress being made would be great. And you can submit that directly
to Investigator Snow -- or Supervisor Snow. Thank you.
MR. SNOW: Thank you, so, I appreciate that.
VICE-CHAIRMAN KELLY: Thank you, sir.
MR. KIRKHOFF: Thank you, gentlemen.
MS. WALDRON: Mr. Chairman, we do have an addition -- or
Vice-Chairman, we do have an additional stipulation agreement as
well.
VICE-CHAIRMAN KELLY: Okay. We can amend the agenda.
And this will be stipulation item number four?
MS. WALDRON: Yeah. And it's Item C.3 under hearings, BCC
versus Elvis Barrera. Case CESD200900 10623.
VICE-CHAIRMAN KELLY: Okay. Moving on to stipulations,
the first case is Elcee.
Do you want to read it into the record, please.
MS. WALDRON: BCC versus Georges and Etheres E. Elcee,
Case CESD20090011384.
VICE-CHAIRMAN KELLY: And is the respondent present?
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September 24, 2009
MR. MUCHA: No.
(Speaker was duly sworn.)
VICE-CHAIRMAN KELLY: Good morning.
MR. MUCHA: Good morning.
This is -- for the record, Investigator Joe Mucha, Property
Maintenance Specialist, Collier County Code Enforcement.
This is Case No. CESD20090011384, Georges and Etheres
Elcee.
I met with Mr. Elcee yesterday and he represented himself and
was there on behalf of his wife as well. And he entered into the
stipulation in agreement with Collier County, and he agrees that he
was in violation of Collier County Land Development Code 2004-41,
as amended, Section 1O.02.06(B)(l)(a), and described as a permitted
duplex that had been converted to four rental units without permits.
I actually met with Mr. Elcee last Friday, September 18th, and
the duplex had been converted back to -- I mean, he basically had
people living in garages. And it's been converted back to two separate
units. So it's back to its original permitted state.
So he agrees to pay the operational cost in the amount of$85.86
incurred in the prosecution of this case within 30 days of the hearing.
VICE-CHAIRMAN KELLY: So this is more or less a finding of
fact and to have the operational costs put on record.
MR. MUCHA: Yes, sir.
VICE-CHAIRMAN KELLY: So the violations have been
abated?
MR. MUCHA: Yes, sir.
VICE-CHAIRMAN KELLY: Any questions from the board?
MR. DEAN: I have one question. Is there any reinspection
required?
MR. MUCHA: No, sir.
VICE-CHAIRMAN KELLY: Mr. Kaufman?
MR. KAUFMAN: Make a motion that we accept the stipulation
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as written.
VICE-CHAIRMAN KELLY: We have a motion. Do we have a
second?
MR. LA VINSKI: Second.
VICE-CHAIRMAN KELLY: Seconded.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
MR. MUCHA: Thank you.
VICE-CHAIRMAN KELLY: Thank you.
Moving on to the next one, Saint John.
MS. W ALD RON: This is BCC versus Petitoles Saint John, Case
CESD20090010557.
(Speakers were duly sworn.)
MS. SYKORA: For the record, my name is Carol Sykora,
S-Y-K-O-R-A, Collier County Code Enforcement Investigator.
This morning we reached a stipulation agreement. This is
reference to Case No. CESD20090010557. Violation is Permit No.
2007061296 for a screen pool enclosure expired without obtaining all
inspections and certificate of completion at 105 Doral Circle, Naples,
Florida, 34113. Folio 54901800009.
The agreement was to pay operational costs in the amount of
$86.43 incurred in the prosecution of this case within 30 days of this
hearing and abate all violations by: Applying for and obtaining a
valid Collier County permit for the pool screen enclosure and obtain
all inspections and certificate of completion without 120 days of this
hearing or a fine of $200 per day will be imposed until the violation is
Page 12
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September 24, 2009
abated.
The respondent must notify code enforcement within 24 hours of
abatement of the violation and request the investigator perform a site
inspection to confirm compliance.
VICE-CHAIRMAN KELLY: Do you agree to and understand
the stipulation agreement?
MS. PETITOLES: Yes.
VICE-CHAIRMAN KELLY: Is there any questions from the
board?
MR. KAUFMAN: Only one question.
Do you think the 120 days is sufficient time to get the permit and
have the construction completed?
MS. PETITOLES: Yes, I'm going to do it.
MR. KAUFMAN: I'd like to make a motion to accept the
stipulation as written.
VI CE-CHAIRMAN KELLY: We have a motion. Do we have a
second?
MR. LA VINSKI: Second.
VICE-CHAIRMAN KELLY: Seconded.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: Motion passes.
MS. PETITOLES: Thank you.
VICE-CHAIRMAN KELLY: Thank you.
If you run into any problems, please let us know ahead of time.
MS. PETITOLES: Okay, thank you.
Page 13
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September 24, 2009
CHAIRMAN STRAIN: Thank you.
MS. SYKORA: Thank you.
VICE-CHAIRMAN KELLY: Thank you, Carol.
Next under stipulation is Moran.
MS. WALDRON: This is case BCC versus Manuel F. and Ana
L. Moran, CESD20080007126.
(Speakers were duly sworn.)
THE COURT REPORTER: May I have your name, please?
MR. MORAN: Manuel F. Moran.
And my wife Ana L. Moran.
MR. ORTIZ: My name is Jose Ortiz. O-R-T-I-Z.
VICE-CHAIRMAN KELLY: Mr. Ortiz, will you be translating?
MR. ORTIZ: He pretty much understand everything. Just in case
he require that, I will do that.
VICE-CHAIRMAN KELLY: Is there a separate way swear in
for translators?
(Jose Ortiz was duly sworn to interpret Spanish to English.)
VICE-CHAIRMAN KELLY: Thank you, sir.
Good morning.
MS. SCAVONE: Good morning. For the record, Michelle
Scavone, Collier County Code Enforcement Investigator.
This is in reference to Case No. CESD20080007126, dealing
with the violation of Permit No. 2002023338 for a steel building
expiring without a certificate of completion.
The location is at 865 Everglades Boulevard South, Naples,
Florida, 34117. Folio No. 40987721006.
The county and the respondent had a pre-conference hearing and
agreed that the violation does exist.
We agreed between the two parties of a stipulation agreement,
that the respondent shall pay operational costs in the amount of$87.29
incurred in the prosecution of this case within 30 days of the hearing;
abate all violations by applying for and obtaining a Collier County
Page 14
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building permit or demolition permit for all unpermitted construction
improvements to the garage, steel building; all related inspections
through a certificate of completion within 120 days of the date of this
hearing or a fine of $200 a day will be imposed until the violation is
abate.
The respondent must notifY code enforcement investigator within
24 hours of abatement of the violation and request the investigator
perform a site inspection to confirm compliance.
If the respondent fails to abate the violation, the county may
abate the violation and may use the assistance of the Collier County
Sheriffs Office to enforce the provisions of the agreement, and all
costs of abatement shall be assessed to the property owner and all
costs of abatement shall be assessed to the property owner (sic).
VICE-CHAIRMAN KELLY: Do you understand and agree to
everything that's been put in the stipulated agreement?
MR. MORAN: Yes, sir.
VICE-CHAIRMAN KELLY: Just out of curiosity, is the steel
building complete and ready for inspections, or do you have work to
do?
MR. MORAN: Sir, no. When I buy the house, the building was
finished. I writing down the contract the building could be finished
before the closing. And physical the building was finish, but they
never called an inspector to do the CO.
And when she let me know in 2008 this happened, I contact the
title company and they told me they're going to pass a case to the
lawyer to take care of the case. And I call several times, then they
told me give me more time, next week, and you know. And right now
I need more time to take care of myself. Now the problem is the
money, you know. The job is so slow and -- I will take care of
myself.
VICE-CHAIRMAN KELLY: Cherie', did you get all that?
THE COURT REPORTER: Yes.
Page 15
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September 24,2009
VICE-CHAIRMAN KELLY: Thank you.
Is there any questions from anyone on the board?
MR. KAUFMAN: Do you have enough time with 120 days to--
MR. MORAN: I hope sir, I hope.
MR. KAUFMAN: And if you don't have enough time, come
back before the time elapses.
MR. MORAN: Right. Thank you very much.
MR. KAUFMAN: I make a motion that we accept the stipulation
as written.
VICE-CHAIRMAN KELLY: Okay, we have a motion.
Do we have a second?
MR. DEAN: I'll second the motion.
VICE-CHAIRMAN KELLY: Seconded by Mr. Dean.
Did you have a comment?
MS. ASHTON-CICKO: Yes, I'd just like to confirm that the
location of the violation is 865 Everglades, and that for purposes of
mailing the order to you, it goes to 885 Everglades; is that correct?
MR. MORAN: No, 865 Everglades Boulevard.
MS. ASHTON-CICKO: Okay. So the mailing address is that as
well.
MR. MORAN: Southeast.
MS. ASHTON-CICKO: All right, thank you.
MR. MORAN: You're welcome.
VICE-CHAIRMAN KELLY: We have a motion and a second.
Any other comments?
(No response.)
VICE-CHAIRMAN KELLY: All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
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September 24, 2009
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: And the stipulation's passed.
Thank you very much.
MR. MORAN: Thank you.
VICE-CHAIRMAN KELLY: Good luck. And if there's any
problems, please come back to us ahead of time.
MR. MORAN: Thank you, sir.
VICE-CHAIRMAN KELLY: And the last stipulation that we
have is Mr. Barrera?
MS. WALDRON: BCC versus Elvis Barrera, Case
CESD200900 1 0623.
VICE-CHAIRMAN KELLY: Is the respondent here?
MS. SYKORA: Yes.
VICE-CHAIRMAN KELLY: One second. Procedurally we
never voted to change and accept the agenda change after the original
motion. Before we could hear this case we should probably vote the
change in the agenda now.
I need a motion to accept this case because it's been moved
different from when we originally --
MR. KAUFMAN: I make the motion that we move this case.
VICE-CHAIRMAN KELLY: Do we have a second?
MR. L'ESPERANCE: I second.
VICE-CHAIRMAN KELLY: We have a second.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
Page 17
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September 24,2009
VICE-CHAIRMAN KELLY: Just a formality. Sorry about that.
Did you get a chance to swear everyone in?
(Speakers were duly sworn.)
MS. SYKORA: My name is Carol Sykora, S-Y-K-O-R-A,
Collier County Code Enforcement Investigator.
This is in reference to Case No. CESD20090010623, violation of
no Collier County permits for conversion of a garage to living space.
Located at 208 Benson Street, Naples, Florida, 34113. Folio
77310080002.
This morning the respondent Mr. Barrera and I agreed to a
stipulation agreement to pay operational costs in the amount of $86.43
incurred in the prosecution of this case within 30 days of this hearing,
and abate all violations by: Applying for and obtaining all permits
required for conversion of a garage to living space. Must request or
cause required inspections through to and including certificate of
occupancy completion, or must obtain a Collier County demolition
permit to restore to a permitted state and remove improvements to a
site intended for final disposal and obtain inspections through and
including a certificate of completion within 120 days of this hearing or
a fine of $200 per day will be imposed until the violation is abated.
The respondent must notifY code enforcement within 24 hours of
abatement of the violation and request the investigator to perform a
site inspection to confirm compliance.
VICE-CHAIRMAN KELLY: Mr. Barrera, do you understand
and agree to everything that we put in this stipulated agreement?
MR. BARRERA: Yes.
VICE-CHAIRMAN KELLY: Do you feel as though 120 days is
going to give you enough time to either convert the garage or --
MR. BARRERA: Yes.
VICE-CHAIRMAN KELLY: -- get it approved as is?
MR. BARRERA: Yes, that's okay.
VICE-CHAIRMAN KELLY: Is there any other questions from
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September 24, 2009
the board?
(No response.)
VICE-CHAIRMAN KELLY: With that, I'll entertain an motion.
MR. KAUFMAN: Make a motion we accept the stipulation as
written.
VICE-CHAIRMAN KELLY: We have a motion, do we have a
second?
MR. DEAN: I'll second the motion.
VICE-CHAIRMAN KELLY: Seconded by Mr. Dean.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: And the stipulated agreement has
been passed.
Thank you, sir. And if you have any problems, please let us
know ahead of time.
MR. BARRERA: Thank you.
VICE-CHAIRMAN KELLY: Thank you.
MS. SYKORA: Thank you.
VICE-CHAIRMAN KELLY: Moving on to hearings.
MS. WALDRON: The next case will be item number two under
hearings, BCC versus Mr. 99 Cents, Inc. Case 2007050898.
MR. MAST: Good morning, gentlemen. My name is
Christopher Mast, I represent Mr. 99 Cents, Inc.
VICE-CHAIRMAN KELLY: If I could just get you a second,
let's have the investigator sworn in.
(Speakers were duly sworn.)
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September 24, 2009
THE COURT REPORTER: May I have your spelling, please?
MR. MAST: My name is Christopher. Last name is Mast,
M-A-S- T. Like the ship.
MS. HASSAM: Janet Hassam. H-A-S-S-A-M.
MS. WALDRON: This is in reference to violation of Collier
County Ordinance 04-41, as amended, the Collier County Land
Development Code, Section 1O.02.06(B)(I)(a), 1O.02.06(B)(l)(e),
I 0.02.06(B)(l)( e )(i).
Description of violation: A 50-foot by 12-foot room addition
without first obtaining proper Collier County permits.
Location/address where violation exists: 1811 Lake Trafford
Road, Immokalee, Florida, 34142. Folio No. 000745600000.
Name and address of owner/person in charge of violation
location: Registered agent, Nivian (phonetic) Hassam, 280 Northwest
129th Avenue, Miami, Florida, 33182.
Date violation first observed: May 25th, 2007.
Date owner/person in charge given notice of violation:
December 22nd, 2008.
Date on/by which violation to be corrected. January 12th, 2009.
Date of reinspect ion: May 29th, 2009.
At this time I'd like to present Investigator Maria Rodriguez and
Investigator Jonathan Musse.
MS. RODRIGUEZ: Good morning. For the record, Maria
Rodriguez, Collier County Code Enforcement.
This is in reference to Case No. 2007050898, dealing with
violations of an addition built onto the side of a structure without first
obtaining proper Collier County permits. Located at 1813 Lake
Trafford, Immokalee, Florida, 34142. Folio No. 000745600000.
Service was given on December 22nd, 2008.
This case was initiated as an anonymous complaint on May 25th
of 2007. Case notes reveal the meeting took on May 25th of 2007
with property owner, Mr. Hassam. The violation was discussed and
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September 24, 2009
time was given for voluntary compliance.
The case was turned over to me after June of'09. A Notice of
Violation was given to Mr. Hassam on December 22nd, 2008. We
discussed the violation and time given for abatement.
The compliance date expired for no permits applied for the illegal
addition.
I would like now to submit the photos as evidence, and I certify
that these photographs are true and accurate representation of the
property .
VICE-CHAIRMAN KELLY: Has the respondent had a chance
to review the photos?
MR. MAST: We're not disputing that there's a code violation
there. I mean, I don't know why she's going through all that, she don't
need to. Our only issue here is how much time we can get to remedy
the problem.
We did not cause the violation, the violation was caused by a
prior tenant. It sat there for two years while be built a 50-foot
addition, poured concrete. Where was code enforcement then to stop
the problem? And now we're stuck, after I evicted him in 2007,
correcting all the issues that he caused.
VICE-CHAIRMAN KELLY: You're not alone. Your case is
quite frequent in this county.
MR. MAST: I know, I understand that.
VICE-CHAIRMAN KELLY: And it's unfortunate.
The typical procedure is we let county present the case so that we
as the --
MR. MAST: I understand.
VICE-CHAIRMAN KELLY: -- board can get an idea of the
magnitude of the situation, which helps us determine how much time
you mayor may not need.
MR. MAST: We've done a -- we've gotten a site plan done.
Unfortunately to remodel the place it would cost too much. Collier
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September 24,2009
County wants too many improvements to the property. So that's
pretty much out of the picture.
So we have obtained -- and I have already shown Maria, we have
obtained the demo drawings that we need for it. And we would
basically just like a year's time to get this property taken care of.
The other problem for my clients is the economy is bad now.
The first initial estimate we got was around $10,000, approximately.
So we're --
MR. L'ESPERANCE: Mr. Mast, we do have procedures to go
through, as the Chairman was explaining to you. We have to go
through these procedures.
MR. MAST: Oh, I understand.
VICE-CHAIRMAN KELLY: Additionally, helping to see the
photos might give us a better idea --
MR. MAST: I have no objection to the photos. If you want, I
can also present you with the drawings.
VICE-CHAIRMAN KELLY: When we get to that we will admit
that into evidence as well. Thank you.
You do understand that when they are admitted, they will be kept
by the court reporter.
MR. MAST: That's fine.
VICE-CHAIRMAN KELLY: Is--
MR. DEAN: Motion to approve the photos.
VICE-CHAIRMAN KELLY: We have a motion. Do we have a
second?
MR. KAUFMAN: Second.
VICE-CHAIRMAN KELLY: Seconded.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
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September 24, 2009
MR. LAVINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: Great.
Are threes different years from the appraiser's office.
MS. RODRIGUEZ: Yeah, 2004. And you see no addition.
2005 is when it came up.
MR. KAUFMAN: Is there any difference between 2005 and
2006?
MS. RODRIGUEZ: No, it's the same.
VICE-CHAIRMAN KELLY: Very good.
Do you have additional photos?
MS. RODRIGUEZ: Yes, we do.
This is the outside of the structure.
And this is the inside. It's a storage room.
And then there's also electrical that was added on, as you can tell.
MR. L'ESPERANCE: Is this an air conditioned and cooled
space, or simply vented?
MS. RODRIGUEZ: To me it seemed like it's a fan that blows
out, not in.
MR. DEAN: Just a fan.
MS. RODRIGUEZ: It's not a walk-in cooler, it's just a storage
area.
VICE-CHAIRMAN KELLY: Thank you.
Any questions for the county and the board?
(No response.)
VICE-CHAIRMAN KELLY: Very good.
MR. MAST: It is what it is, sir. If! may approach.
VICE-CHAIRMAN KELLY: Actually, we need to just quickly
pass a motion to accept that.
Motion?
MR. KAUFMAN: Motion to accept the -- what is it, the demo--
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September 24, 2009
MR. MAST: Yeah, demo drawings, Your Honor -- not Your
Honor.
MR. DEAN: I'll second the motion.
VICE-CHAIRMAN KELLY: We have a motion--
MR. MAST: From my times in court.
VICE-CHAIRMAN KELLY: Motion, second.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: Okay, sir.
MR. MAST: I have no way to project them on the screen so I
will just approach and hand them to you.
And it does match what Maria has shown you.
It's an extensive building over there, it's over 10,000 square feet.
The addition that was put on by the former tenant is quite extensive as
well. We're going to have to demo the concrete. I don't know how he
managed to put that much of a structure onto the existing building
without somebody seeing it. Of course you can see it's painted
yellow.
But somehow it just went over everybody's head for two years.
And like I said, after we evicted him, you know, we were aware of
this. It's just something that haven't been able to get to yet. There's
been too many other issues that have had to be addressed first.
And at this point we have the drawings, we're getting ready to
apply for the permit, and then we have to find somebody that will to
do it for a reasonable fee. Because my clients do not have the kind of
cash right now to just spend $10,000 to remove the structure.
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September 24, 2009
VICE-CHAIRMAN KELLY: Any questions from the board as
to whether or not a violation exists?
MR. KAUFMAN: I think that you've already said a violation
exists.
MR. MAST: We're not disputing that the violation exists.
VICE-CHAIRMAN KELLY: In that case, I'll entertain a motion.
MR. KAUFMAN: I'd like to make a motion that the violation
exists.
VICE-CHAIRMAN KELLY: We have a motion. Do we have a
second?
MR. L'ESPERANCE: Second.
VICE-CHAIRMAN KELLY: All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: Okay, does county have a
recommendation? We have one from the respondent's side.
MS. RODRIGUEZ: The county recommends the respondent to
pay operational costs in the amount of$86.71 incurred in the
prosecution of this case within 30 days of the hearing; to abate all
violations by obtaining a Collier County building permit for any
construction additions or remodeling and obtain all inspections and
certificate of completion within "X" amount of days of this hearing or
a fine of "X" amount per day will be imposed until the violation is
abated. Or obtaining a Collier County demolition permit to remove
any said illegal construction additions.
Remodeling to include inspections and certificate of completion
within "X" amount of days of this hearing or a fine of "X" amount per
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September 24, 2009
day will be imposed until violation is abated.
The respondent must notify code enforcement within 24 hours of
abatement of the violation and request the investigator perform a site
inspection to confirm compliance. That if the respondent fails to abate
the violation, the county may abate the violation and may use the
assistance of the Collier County Sheriffs Office to enforce the
provision of this agreement, and all costs of abatement shall be
assessed to the property owner.
VICE-CHAIRMAN KELLY: Thank you.
Sir, the one issue that I have, and perhaps someone else on the
board might share this, is the electric that's going to this storage room.
Typically if electric has not been permitted and/or inspected, it
creates a health and safety issue.
MR. MAST: That's going to be removed as part of the
demolition.
VICE-CHAIRMAN KELLY: And the problem I have is waiting
365 days, perhaps, until that's done. Is there any way that we could
turn that off? Is there a main breaker that separates the electric
running to that room?
MS. HASSAM: I'm sure -- I'm not sure --
MR. MAST: Sir, we have no problem with turning it off, if that's
going to be an issue, sir. You know, it's going to be taken out as part
of the demo. That's all we can do. I don't know whether it's up to
code. From the pictures it looks like it might be up to code. They did
run it with conduit and that kind of thing. So it looks like whoever put
it in at least attempted to do it the right way.
VICE-CHAIRMAN KELLY: Right. Although I'm a contractor,
I'm not an electrical contractor and it's hard to tell by pictures --
MR. MAST: Yeah, it is.
VICE-CHAIRMAN KELLY: -- I personally would feel more
comfortable if perhaps we added something into the order that gave
some time just to turn that off in the meantime.
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September 24, 2009
MR. MAST: No problem with that, sir.
VICE-CHAIRMAN KELLY: Does anybody else have any
questions?
MR. KAUFMAN: I have a question.
Why is it that this can't be permitted and not demoed? Is there
some particular reason?
MR. MAST: We have no -- I have no idea whether the slab's up
to code, I have no idea if anything's up to code. I don't know how
you'd even prove that it was without demoing it to show that it was the
proper thickness.
MR. KAUFMAN: Is it possible to go to the county to find out
whether that might be a way of -- instead of tearing it down, to --
MR. MAST: I suspect that it's not up to code, and there's no way
to remedy it. We've had architects take a look at it.
MR. KAUFMAN: Oh, okay.
MR. MAST: And as I recall from my discussions with them,
they didn't think it was up to code in any way, shape or form. It was
one of those, you know, fly-by-night additions that the tenant put on
there.
VICE-CHAIRMAN KELLY: I'm in favor of the county's
recommendation the way that it was worded, giving you the option. If
in the process of maybe sending a contractor out there to demo it he
says hey, if I throw a couple of studs in we can get this up to code, I'd
like to leave you that option.
MR. MAST: That would be fine with me.
MS. RODRIGUEZ: He might want to suggest that he permit by
affidavit.
VICE-CHAIRMAN KELLY: This is true. If you do get an
engineer to approve it as-is, a permit by affidavit will basically take all
of the liability and put it back on either the engineer or the building
official who signs that.
MR. MAST: Nobody's going to sign it.
Page 27
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September 24, 2009
VICE-CHAIRMAN KELLY: Good suggestion, though.
MR. MAST: But I appreciate the suggestion.
VICE-CHAIRMAN KELLY: Sure.
I'll go ahead and -- unless there's anything else, I'll go ahead and
close the public portion and we can discuss here on the board time
frames and dollar amounts and entertain a motion.
MR. KAUFMAN: I have a question for the county.
Do you think 365 days would be amenable to the county?
MS. RODRIGUEZ: If they turn off the electric from the section
-- that section of the building, we don't have a problem. The only
thing we'd like to add is if he could just let us know on a monthly
basis as to what's going on.
MR. KAUFMAN: Okay.
MR. MAST: I have no problem with that.
MR. KAUFMAN: And how many days do you think it would be
right to approve for the removal of the electric? Would 30 days for
the removal of the electric service be sufficient as far as the county's
concerned?
MS. RODRIGUEZ: We have no objection. Whatever the board
decides is fine with us.
MR. L'ESPERANCE: Now, when you say removal of the
electrical service, do you mean shutting off of the breaker leading --
MR. KAUFMAN: Pull the breaker out.
MR. L'ESPERANCE: -- to the addition?
MR. KAUFMAN: Pull the breaker out of the box.
MR. L'ESPERANCE: Well, let's have that done sooner than 30
days.
MR. KAUFMAN: Okay.
MR. DEAN: Fifteen is good.
MR. MAST: I don't know enough about the electrical out there
to say either way whether we can remove a breaker or not, sir.
VICE-CHAIRMAN KELLY: Okay, we have --
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September 24, 2009
MR. MAST: If there's no breaker, we can simply disconnect it.
That wouldn't be any great issue, I wouldn't think. There's only the
fan in there?
MS. HASSAM: Urn-hum.
MR. MAST: So it's only one item.
MR. KAUFMAN: I think it's a fan and I think there are a few
outlets around the --
MR. MAST: I'm assuming they've all been illegally run off the
same line, though.
MR. KAUFMAN: Okay.
VICE-CHAIRMAN KELLY: We have some suggestions for a
motion. Does somebody want to form that?
MR. KAUFMAN: I'll try.
On the time frames, 15 days to have the electrical service
terminated in the area in question. Monthly -- the extension of time
would be 365 days, with a $200 a day fine after 365 days. And
monthly updates to code enforcement during the 365 days.
VICE-CHAIRMAN KELLY: Is everyone clear on the motion?
MR. DEAN: I understand.
VICE-CHAIRMAN KELLY: The attorney is the one I'm
worried about. She's the one that has to write it.
MS. ASHTON-CICKO: I got it. I'll just need Mr. Mast's
business card to send you a copy.
VICE-CHAIRMAN KELLY: We have a motion, do we have a
second?
MR. DEAN: I'll second that motion.
VICE-CHAIRMAN KELLY: We have a second by Mr. Dean.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
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September 24, 2009
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
MS. RODRIGUEZ: Question.
VICE-CHAIRMAN KELLY: Yes. Sorry.
MS. RODRIGUEZ: Ifhe doesn't disconnect the electrical within
the 15 days, does the $200 a day start after the 15 days?
MR. KAUFMAN: Yes.
VICE-CHAIRMAN KELLY: And the 365 days and the $200
per day fine was for all three sections then.
MS. RODRIGUEZ: Okay.
VICE-CHAIRMAN KELLY: Correct?
MR. KAUFMAN: That's correct.
MR. L'ESPERANCE: And those are calendar, not business days,
obviously.
MR. KAUFMAN: Yes.
VICE-CHAIRMAN KELLY: Okay, do you understand, sir?
MR. MAST: Yes, I do. Thank you very much.
VICE-CHAIRMAN KELLY: Thank you.
If you have any issues with adhering to this, let us know, please.
MR. MAST: Thank you.
VICE-CHAIRMAN KELLY: Thank you.
Okay, moving on to our next case, does that go all the way down
to Soloff?
MS. WALDRON: Yes.
Next case is item six under hearings, BCC versus Meghan H.
Soloff. Case CEBR20090004297.
VICE-CHAIRMAN KELLY: Is the respondent present?
MS. O'FARRELL: No.
(Speaker was duly sworn.)
MS. WALDRON: For the record, for proof of service, notice of
hearing was sent out on September 11 th, 2009 by certified mail.
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Notice was left on September 15th, 2009. Property and courthouse
were both posted on September 9th, 2009.
This is in reference to violation of Ordinance 04-41, as amended,
Collier County Land Development Code, Section 3.05.08(C),
requirement for removal of exotic vegetation.
Description of violation: Observed exotic vegetation on
developed property built after 1992.
Location/address where violation exists: 2328 Broadwing Court,
Naples, Florida. Folio No. 49460006100.
Name and address of owner/person in charge of violation
location: Meghan H. Soloff, 2328 Broadwing Court, Naples, Florida,
34105.
Date violation first observed: April 22nd, 2009.
Date owner/person in charge given Notice of Violation: April
28th, 2009.
Date on/by which violation to be corrected: May 26th, 2009.
Date of reinspect ion: August 24th, 2009.
Results of reinspection: Violation remains.
And just for the record, I would also like to say that Mrs. Soloff
did call me this week and leave a message. We did attempt to call her
back and she never returned our phone call.
At this time I'd like to present Environmental Specialist Susan
O'Farrell.
MS. O'FARRELL: Good morning. For the record, Susan
O'Farrell, Collier County Code Enforcement Environmental
Investigator.
This is in reference to Case No. CEVR20090004297, dealing
with the violation of prohibited exotics on approved property. It's
located at 2328 Broadwing Court, Naples, Florida. Service was given
personally on April 28th, 2009.
I would like to now present the case with the following exhibits:
Exhibits B, which is the photo of the cultivated landscape with the
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prohibited exotics, and Exhibit C with the current condition.
VI CE-CHAIRMAN KELLY: I'll entertain a motion to accept the
photos.
MR. KAUFMAN: Motion to accept.
VICE-CHAIRMAN KELLY: We have a motion. Do we have a
second?
MR. LA VINSKI: Second.
VICE-CHAIRMAN KELLY: We have a second.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
MS. O'FARRELL: This is cultivated landscape that's been
infested with Brazilian pepper. This was observed on the first date
when I went out to the house. I served the Notice of Violation on 4/28
and actually gave her more time than we normally would for
removing exotics.
On 7/15, July 15th, I spoke with the owner and gave her two
more weeks.
I've been out to her house several times and looked and sort of in
between checks to other properties to see if anything was happening.
Nothing was happening.
On 8/24 I tried to speak to the owner for another chance before
we went to the CEB hearing. She was in the house, wouldn't answer
the door, so I left a note on the door with my phone number and the
reason that I had stopped by. Still no response to that letter.
And yesterday I visited the site and the inspection is still current.
That would be Exhibit C.
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September 24, 2009
The investigation of the property showed that it was built after
1992 when the ordinance was a little more restrictive and showed the
houses need to have their exotics removed in perpetuity.
VICE-CHAIRMAN KELLY: Susan, do you feel as though the
resident understands the violation?
MS. O'FARRELL: Yes, I do. I've explained the violation to the
resident and to another resident of the house, I've explained the CEB
process to the resident, and I've also shown her the exotics on the
property .
VICE-CHAIRMAN KELLY: Do we have any questions from
the board?
MR. KAUFMAN: What was the response of the resident to your
MS. O'FARRELL: I'll get it taken care of as soon as possible.
That's been the response every time I've talked to her. Which is why I
kept driving by every time I was in the neighborhood.
MR. L'ESPERANCE: They never disputed the information you
gave them?
MS. O'FARRELL: No. It's kind of hard to dispute when your
house is completely surrounded by Brazilian pepper.
MR. KAUFMAN: I'd like to make a motion that a violation
exists.
VICE-CHAIRMAN KELLY: We have a motion. Do we have a
second?
MR. LA VINSKI: Second.
MR. DEAN: I'll second.
VICE-CHAIRMAN KELLY: Your pick.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
Page 33
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September 24, 2009
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: A violation exists.
And do we have a recommendation?
MS. O'FARRELL: The recommendation would be that the Code
Enforcement Board order the respondent to pay all operational costs in
the amount of $86.14 incurred in the prosecution of this case within 30
days, and abate all violations by removing the prohibited exotic
vegetation as identified in Ordinance 04-41, as amended, Section
3.05.08 within "X" days of this hearing or a daily fine of "X" days will
be assessed as long as the violation persists.
The respondent must notifY the code enforcement investigator
when the violation has been abated in order to conduct a final
inspection to confirm abatement.
If the respondent fails to abate the violation, the county may
abate the violation and may use the assistance of the Collier County's
Sheriffs Office to enforce the provisions of this order, and all costs of
abatement will be assessed to the property owner.
VICE-CHAIRMAN KELLY: Susan, do you feel as though this
is a job that can be handled relatively inexpensively and quickly by a
local landscape company?
MS. O'FARRELL: I believe this is ajob that can be handled by a
local landscape company, but the amount of vegetation that needs to
be removed would not be able to be done quickly.
MR. KAUFMAN: Would 90 days do you think give them
enough time to separate what has to go out and they could probably
put it to the curb and -- you know, given that many weeks.
MS. O'FARRELL: It's not a curb issue, it's more of a chipper
issue. That's how far bad it's -- how far it's gotten. But I think 90 days
would be fair.
MR. KAUFMAN: I'd like to make a motion then. I make a
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September 24, 2009
motion that we grant 90 days for filling in the blanks for your
suggestion --
MS. O'FARRELL: Thank you.
MR. KAUFMAN: -- and a fine of $50 a day after that if it is not
abated by that time.
VICE-CHAIRMAN KELLY: We have a motion. Do we have a
second?
MR. DEAN: I'll second that motion.
VICE-CHAIRMAN KELLY: We have a second by Mr. Dean.
Any comments or questions?
(No response.)
VICE-CHAIRMAN KELLY: All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: And it passes.
MS. O'FARRELL: Thank you.
VICE-CHAIRMAN KELLY: Are you going to have any
problems getting her notice of this?
MS. O'FARRELL: I'm going to get the phone number from Jen
Waldron and see if! can't give her a call, or leave another note on her
front door.
MR. L'ESPERANCE: What's the condition of the adjacent
properties?
MS. O'FARRELL: Beautiful. It's a really nice neighborhood,
and she's just let hers go.
MR. L'ESPERANCE: So it's specific to a particular lot.
MS. O'FARRELL: It's specific to a particular lot.
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September 24, 2009
MR. L'ESPERANCE: Thank you.
VICE-CHAIRMAN KELLY: We'll move into new business--
old business.
Correct, we're moving into imposition of fines?
MS. WALDRON: Yes.
VICE-CHAIRMAN KELLY: First case, BCC versus lose
Rodriguez. Is the respondent here?
(No response.)
VICE-CHAIRMAN KELLY: Is Investigator Walker here?
(No response.)
MS. WALDRON: Can we ask the board to continue this to the
next hearing, please?
VICE-CHAIRMAN KELLY: I'll entertain a motion for
continuance at the staffs request.
MR. DEAN: Motion to --
MR. L'ESPERANCE: Second.
VICE-CHAIRMAN KELLY: We have a motion and a second.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: And it's been pushed off to next
agenda.
Moving on to Bricius and Faugue.
MS. WALDRON: We have received notice that this case, the
operational costs have been paid, so we would like to dismiss this
case.
VICE-CHAIRMAN KELLY: Okay, it's been withdrawn.
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September 24, 2009
Okay, moving on to the next case, Southern Development. And
if you remember, there was an additional letter that was put in your
packet, or placed here when we first arrived today.
Is the respondent here?
MR. CURIALE: Yes.
VICE-CHAIRMAN KELLY: Good morning.
THE COURT REPORTER: May I have your name, please?
MR. CURIALE: Mario C-U-R-I-A-L-E.
(Speakers were duly sworn.)
VICE-CHAIRMAN KELLY: Question to the county.
The recommendations are to impose the fine because it has not
complied. Is it in compliance?
MS. O'FARRELL: He's in partial compliance. I was there
yesterday and the -- do I need to refresh you on the case, that it was a
site development plan that had --
VICE-CHAIRMAN KELLY: The wall.
MS. O'FARRELL: Yeah, there was the wall involved where he
hadn't put the vegetation on the outside of the wall.
He has put the trees outside of the wall, he's put the irrigation
outside of the wall. He's missing 75 cordgrass that go in between the
wall, and he still needs to replace one dead palm tree on the site. So
he's working hard towards it.
And I believe he has a request.
MR. DEAN: And it says here also 80 percent of the job is
completed.
MS. O'FARRELL: Eighty percent of the job?
MR. DEAN: That's what I'm reading.
MS. O'FARRELL: I would say that 80 percent of the job has
been completed.
MR. DEAN: Okay, thank you.
MR. CURIALE: Good morning.
VICE-CHAIRMAN KELLY: Good morning.
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September 24, 2009
Go ahead, sir.
MR. CURlALE: Since last time we were here, I was awarded
like a 90 days time frame to do the work. Unfortunately you know
how the weather is? You have the rainy season. And we did a lot of
work. It really was -- it kind of made a lot of mess out there. You
know, the work -- the rain we've been having all day and all night
long. It seems to be one spot that seems rains all the time.
The majority of the work we have already accomplished. All the
trees we have planted. We cleared all of the main trees, which all
have overgrown, weeds the way it was before in the pictures.
And we did plant all the trees all alongside the wall. It was a
nightmare to get it done but we did it. Okay. We got all the sprinkler
line, it's already all in.
The only thing we look right now is for a dry time; that way the
dirt can be raked up and we put the smaller shrubs in between the
trees. But right now we cannot really pursue that because it's so wet
out there.
I have some pictures here with me that it may show you what
kind of a weather we're talking about without making any -- I'll
present to the board.
VICE-CHAIRMAN KELLY: What I'd like to do first is to make
sure that Mrs. O'Farrell agrees that they're the same location. And
then we'll go ahead and see if --
MR. CURIALE: Sure.
VICE-CHAIRMAN KELLY: -- we can't get a motion to
approve them.
MR. CURIALE: Yeah.
MS. O'FARRELL: Yes, I have seen them.
VICE-CHAIRMAN KELLY: Oh, you have seen them. Okay,
great.
In that case, I'll entertain a motion.
MR. KAUFMAN: Motion to approve.
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September 24, 2009
VICE-CHAIRMAN KELLY: We have a motion. Do we have a
second?
MR. LA VINSKI: Second.
VICE-CHAIRMAN KELLY: We have a motion and a second.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: Wow.
MS. Q'F ARRELL: They had a little water.
MR. CURIALE: It's very -- the whole area is like a trap. The
water has no place to go.
And when we actually did the work in there, I got my machine, I
almost got stuck in between a power line and everything else in there.
I'm really fortunate, I happen to be a developer myself, I have the
equipments that I need.
We did do whatever we possibly could not to disrupt as much as
we can and try to accommodate. What we need is -- my main thing
was to remove all the heavy grown of trees and shrubs were there
before, we clean them all up.
And we tried to put some kind of a Roundup to kill some of the
weeds, but you put it on one and then it rains in the afternoon and
washes all out. It just keep wasting time and money for that.
The money factor is a major issue right now because the way --
everybody knows how the economy is. We try to do everything in our
own.
We did spend a tremendous amount of money to put all the trees
and the sprinkler system in. I will say toward the end of the year we
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September 24,2009
should be able to get in there, put that back in place.
But you know, when I spoken last time I was here, and I was
somewhat disappointed the fact that I was not prepared for the
meeting. I had some aerial view photo before that the maintenance
people from Falling Water, they did maintain as they agreed with the
board after I finished all the plantings.
The new board they have now at Falling Water, they fire the
original manager, they fire the maintenance guys. They haven't done
anything whatsoever. They reneged on what was the agreement that
we have made, struck with the commission, everybody else. So they
left me hanging. I don't have any pictures of the back, my
conversation I had here last time.
VICE-CHAIRMAN KELLY: No, that's okay, but I do remember
you saying that, and you did convey that point --
MR. CURIALE: Right.
VICE-CHAIRMAN KELLY: And we took that into
consideration.
MR. CURIALE: What I'm going to try to do now, I'm try to
work with you guys to do the best you can, to try to give me as much
extension as you possible can, diligently the way I know to make
these people happy. You're never going to make these people happy. I
swear, no matter what I do it not going to happen. But I'm try to do
my best.
And during work, what we're doing, you would not believe.
We're planting trees, somebody stole all our tools over there. You
cannot believe, you know, the stuff even that taken place.
But the people maintain Falling Water right now, they get caught
the debris from the trees and they throw right in in the swale. And
that really annoyed the heck out of me. I says, you know, we tried to
fix it, you guys just don't want to maintain it, so --
MR. KAUFMAN: I have a question.
VICE-CHAIRMAN KELLY: Questions. Go ahead.
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September 24, 2009
MR. KAUFMAN: Number one, do you think that you'd be able
to finish this up probably by January 1 st?
MR. CURIALE: I would like to get it done before all the people
coming in. Yeah, maybe by January or February I should be able to
get it wrapped up. And I'm going to have guys maintain my property
on the front. I'm getting corage (phonetic) to see if we can go on the
back. Right now I feel like guy drives over with the lawnmower, he's
going to get stuck and he never going to get out.
MR. KAUFMAN: And second point. The operational costs,
have they been paid?
MR. CURIALE: For who?
MR. KAUFMAN: For this--
MS. O'FARRELL: No.
MR. CURIALE: I was never request to pay an operation cost.
MS. WALDRON: Yeah, in your original order it states that you
must pay operational costs of 87.29 within 30 days.
MR. CURIALE: All right, I'll give you 87.29. As long as I have
money left over for coffee, it's okay.
MR. KAUFMAN: And finally, I'd like to ask you, what are you
asking for?
MR. CURIALE: I ask the -- I put down on the letter, I put 16
months. That was kind of a not -- I need a little more than that. I find
maybe January, February, I'll be get this things wrapped up. And
from then on we're going to make sure that we do it diligently to make
sure these things will be taken care of.
MR. KAUFMAN: Let me go a little further.
So I understand the time frame. Are you asking for something
else as far as the fine is concerned?
MR. CURIALE: Well, I would like to see the fine to be abated,
because I have not had any kind of a negligence on my part. You
know, you can't fight against Mother Nature. Mother Nature rains and
you have a limited amount to get it -- I know we past the due date of
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September 24, 2009
the deadline the fine was going to be imposed.
VICE-CHAIRMAN KELLY: As of right now there are no fines
assessed against you. That's what we have to determine at this point.
Typically until a violation is completely abated, we normally don't
give any type of passes or denials, because we only get one shot at this
as a board.
In other words, if we were to go ahead and say no, we're not
going to impose these fines today, you could not continue to finish the
other 20 percent of the work and we'd have no further action. We
would have no more procedures to follow to enforce that.
So I have a quick question for the county.
Do you have any objection to let's say for instance an extension
to the first ofthe year, as Mr. Kaufman has suggested?
MS. O'FARRELL: I have no objection to an extension of 120
days.
I would also like to add to that that in that 120 days he do the best
he can to maintain the weeds that are on the property behind the wall.
MR. CURIALE: Yeah, I had the people, if you notice when you
were there -- when were you there, yesterday?
MS. O'FARRELL: Yes.
MR. CURIALE: So I had all landscaping, tried to get all the
weeds stored around, all the tractor supply alongside the wall. They
have not got back in there to give -- I will do very diligent.
And I've been here for so many years it's not like I'm going
anywhere tomorrow, pack my lunch box and go. I'm planning to be
around for much longer. I don't know how long the economy will last
to be around, but we'll try to do whatever we can to accommodate the
deficiencies.
And we try -- I try to keep everything to par, that way we --
maybe we don't have to have these kind of meetings down the road for
the same procedure.
VICE-CHAIRMAN KELLY: Well, I'd like to say, I appreciate
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September 24, 2009
you working diligently to this point to get done what you could. The
pictures obviously show it a difficult condition.
MS. O'FARRELL: I would like to say--
VICE-CHAIRMAN KELLY: Ms. O'Farrell?
MS. O'FARRELL: -- if! could just refine that within the 120
days that that back part of the wall be something that's finished and
able to be maintained. So the weeds are down and all it takes is for
someone to walk back there with their Roundup and spray it and keep
it clean.
VICE-CHAIRMAN KELLY: Larry?
MR. DEAN: Can I ask one question?
All those photos that you showed us, are they on the southern
property?
MS. O'FARRELL: Yes. They're on the other side of the wall.
MR. DEAN: That's all his property?
MS. O'FARRELL: Yes.
MR. DEAN: How far back does that go?
MS. O'FARRELL: I believe it goes back to the swale.
MR. CURIALE: Well, the question, Mr. Dean, the water is
actually displaced in between the berm and the Falling Water property
and the easement of the Florida power line, okay? So it's not -- it just
stays on my property. Actually, my property doesn't retain any water
at all, because it's a berm, and so the water, when it rains, swoosh,
keeps wash everything off, you know.
But there is no drainage to put in place, because that's not
required to be at that time, because they going to use the area as part
of some kind of preserve, you know, the grass area, whatever, that's
what it is. And during rainy season is always wet over there.
MR. DEAN: Thank you.
VICE-CHAIRMAN KELLY: All right, I have a procedural
conflict to resolve. Typically when a motion or a request for a motion,
extension of time is presented, it's usually put up in the front part of
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the agenda as such, before we get all the way to the back and now are
presented with the simple fact of whether or not we need to impose
these fines.
So I'm going to leave it up to county to either withdraw this and
put it off for a real motion or we amend the agenda to see this as a
motion, if that's what the board wants. Because right now it's a
thumbs up/thumbs down as to whether or not we start imposing fines.
MS. WALDRON: Well, it's up to the board if they want to move
it to a motion for extension. The county would rather not bring this
back again, we would rather take care of it today.
MR. L'ESPERANCE: I move that we amend the agenda as
suggested to move this to a motion for extension of time.
VICE-CHAIRMAN KELLY: We have a motion. Do we have a
second?
MR. DEAN: I'll second.
MR. KAUFMAN: Second.
VICE-CHAIRMAN KELLY: All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: Okay. So now it becomes a
motion for extension of time on the original case. And if the extension
of time is granted, it would then render the request to impose fines
null, because he would then be in compliance is what procedurally
we're trying to do here.
So with that being said, I'll entertain a motion for the extension of
time.
MR. KAUFMAN: I'd like to make a motion that we extend the
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September 24, 2009
time 120 days. And after such, the fines would accrue at the rate of
$200 per day.
VICE-CHAIRMAN KELLY: Okay. And that starts as of
today's meeting?
MR. KAUFMAN: As of today.
VICE-CHAIRMAN KELLY: As of today.
MR. CURIALE: I don't understand the motion.
MR. DEAN: End of January you have to comply.
MR. CURIALE: If! don't get done by January, then you start
impose at $200 a day?
MR. DEAN: Yes.
MR. CURIALE: Okay.
CHAIRMAN STRAIN: So we have a motion. Do we have a
second?
MR. DEAN: I'll second.
VICE-CHAIRMAN KELLY: We have a second. All those -- or
is there any questions?
(No response.)
VICE-CHAIRMAN KELLY: All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: Okay. What we've done is we've
now extended your time; therefore, there's no need to rule on whether
or not we should impose them.
I would, however, suggest that you do get the operational costs
paid.
MR. CURIALE: Yeah, but I was not aware of that. I'll take care
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September 24, 2009
of that by the end of the week.
MS. ASHTON-CICKO: That doesn't abate the fines. I mean, it
will still come back later for them to rule on the fines going back to --
VICE-CHAIRMAN KELLY: Basically the way it works is now
that you have -- we've extended the original order now, so you were
never in violation. However, the costs that it takes to present this case
are nothing that we have anything to do with. Those are imposed
through the county. We can't waive those. So that $86 -- $87.29 will
still be due by you.
MR. CURIALE: No, I'll take care of that. As long as the fine
would -- anything else will not be established until the end of the term
will stop.
VICE-CHAIRMAN KELLY: As of right now there won't be any
fines unless your failure to abate all of these violations by the new
extended time frame.
MR. CURIALE: Okay. Appreciate it.
VICE-CHAIRMAN KELLY: Thank you.
MS. WALDRON: Mr. Kelly, just for clarification too, there are
two sections of this order that I just want to clarify that both of these
sections are being given the 120 days and the $200 a day fine.
VICE-CHAIRMAN KELLY: Correct.
And Mr. Dean, you understood that as well?
MR. DEAN: Yes, sir.
VICE-CHAIRMAN KELLY: Very good.
MR. CURIALE: Thank you.
VICE-CHAIRMAN KELLY: Thank you.
MS. O'FARRELL: Thank you.
VICE-CHAIRMAN KELLY: Thanks, Susan.
Okay, moving on to the next imposition of fines. Olivias. And
we have two cases in a row with the same respondent.
Is the respondent here?
(Speakers were duly sworn.)
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se~t~Jer 24~009 A~
THE COURT REPORTER: May I have your name, please?
MS. OLlV A: Damarys Oliva.
VICE-CHAIRMAN KELLY: Good morning.
MS. OLlV A: Good morning.
VICE-CHAIRMAN KELLY: Ifit pleases everybody, we can
discuss both cases, but we do need two separate rulings on them. So
we can talk about them together.
They're the same property, correct?
MS. WALDRON: They're two different folios.
MS. O'FARRELL: Two different folio numbers.
VICE-CHAIRMAN KELLY: Two different folios, but the same
case and everything.
What we're doing here today is to determine whether or not we
should impose fines, because the original order and time frame was
exceeded.
If you want to read it in?
MS. WALDRON: This is in reference to CEB Case No.
2006090513, Board of County Commissioners versus Jaime and
Damarys Oliva. Violation of Collier County Ordinance 04-41, the
Land Development Code, as amended, Sections 3.05.01(B).
Location of violation: ] 340 Wild Turkey Drive, Naples, Florida.
Folio 00108120002.
Description of violation: Vegetation removed on an undeveloped
property without obtaining the proper required Collier County permits.
On June 26th, 2008, the Code Enforcement Board issued a
finding of fact, conclusion of law and order. The respondent was
found in violation of the referenced ordinances and ordered to correct
the violation. See the attached Order of the Board OR 4376, Page
0317 for more information.
Extension of time was granted on February 26th, 2009.
COR4434, Page 1350.
The respondent has complied with the Code Enforcement Board
Page 47
.~---,-,-,_.- ........ <-----,,-~"'~-_."-"""
16 I 1 ~f
September 24, 2009
orders as of August 12th, 2009.
The county's recommendation is to issue an order imposing lien
for fines at the rate of $200 per day for the period between June 27th,
2009 to August 12th, 2009, 47 days, for the total of $9,400.
Operational costs of $460.20 have been paid. The total recommended
lien amount is $9,400.
VICE-CHAIRMAN KELLY: Thank you.
The original agreement was a stipulated agreement, which was
basically agreed upon before we had the chance to hear the hearing.
And then you ran into some problems, came back and we granted an
extension of time. Yet it still took another 47 days.
And we understand circumstances may have occurred. Could you
briefly explain to us what circumstances occurred and why it took
longer than you thought?
MS. OLlV A: Well, I remember we were waiting for the rainy
season to start to plant the trees. And by May we got the plant. By
this time we don't know if we could keep the property or not. We're
waiting for the bank to see if, you know, they could do something
about the payment. And I talk to Susan and I told her the same, we
don't know if we could keep the property or not. So I don't know if
make any sense to plant the trees. That was in May.
I do remember by May almost we don't have any rains back
there. The rain start in June. The first week of June we got an
accident in the family. My son was in the hospital.
VICE-CHAIRMAN KELLY: That's okay, take your time. It's no
big deal.
Cherie', 10 minutes? We'll go ahead and recess for 10 minutes
and re-adjourn then.
(Recess.)
VICE-CHAIRMAN KELLY: Okay, I'd like to reconvene the
Code Enforcement Board.
This is in reference to the case. And picking up where we left
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September 24, 2009
off, there is -- we have the respondent who is in compliance, has
complied with both orders, and has paid the operational costs on both
cases.
With that being said, I will entertain a motion to either impose or
abate or some form thereof these fines.
MR. DEAN: I make a motion we abate the fines.
MR. KAUFMAN: I second it.
VICE-CHAIRMAN KELLY: We have a motion and a second.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any nays?
(No response.)
VICE-CHAIRMAN KELLY: And it carries.
That means everything that you have done we are appreciative
of. You do not owe anything further. Thank you very much for
working with us to take care of the problem.
MS. aLlv A: Thank you so much.
MR. L'ESPERANCE: Mr. Chairman, are we going to look into
that item we talked about earlier?
VICE-CHAIRMAN KELLY: We will. I spoke with staff.
The item in question is looking at the opportunity to possibly
reduce the operational costs, which are outside of our jurisdiction.
Staff feels that there might be a little bit of an issue, since those costs
have already been paid. It might be a different scenario if they were
not.
It was a very good suggestion.
MR. L'ESPERANCE: And we can follow up on that perhaps at
the next meeting?
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~<.,_..,.~.- ..~-~-",__~,____"_,._~_,_"",_______""""""""__""_",,,,,o_,,,
se~e~bt 24~009~ *
MR. DEAN: What are you talking about? This last--
MR. L'ESPERANCE: The $920.40. Operational costs that she's
paid.
MR. DEAN: That's normally (sic) higher than operational. Why
was it?
VICE-CHAIRMAN KELLY: There's been a change in
procedures with staff.
MR. DEAN: Right.
VICE-CHAIRMAN KELLY: And the new procedure has I
guess a much more efficient pay scale than what they had in the past.
MR. DEAN: That's what I remember.
VICE-CHAIRMAN KELLY: Okay, moving on to motions for
reductions offine. James and Sherry Marshall.
(Speakers were duly sworn.)
MS. WALDRON: Board, if I could just get a second of your
time.
If you could please refer to your rules and regulations, Article 10.
If there's anyone who does not have a copy, please let me know and
we will get you one. Article 10, Section 6. I believe it's on Page 9.
And we've also included a packet of previous orders and evidence to
you this morning.
MR. L'ESPERANCE: This is in reference to which case?
MS. WALDRON: To the Marshall case.
VICE-CHAIRMAN KELLY: Okay, and you've sworn both of
them in?
THE COURT REPORTER: Yes.
VICE-CHAIRMAN KELLY: Good morning, Mr. Marshall.
MR. MARSHALL: Good morning.
VICE-CHAIRMAN KELLY: The county has just asked us to
refer to our rules and regulations about the motion that you have
presented to us. And for everyone's benefit, I'll quickly read into
record the article that was requested by county staff to look into.
Page 50
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It is Article 10 of our rules and regulations, Section 6. And it
says verbatim: The board will not rehear a motion for reduction of
fines once a decision has been reached on a previous motion for
reduction of fines.
With that being said, sir, I'd be happy to hear what you'd like --
MR. MARSHALL: I believe I filed with the county a motion to
reduce the fine, which is our first motion.
VICE-CHAIRMAN KELLY: Correct.
MR. MARSHALL: And in that, I made a reference to when the
fine was imposed the board, on April 27th, 2006 did not discuss the
criteria that was set out in Chapter 162 of the Code Enforcement
Board statute.
I included in that motion to reduce the fine and request for a
hearing a transcript of the hearing to verify that those -- that criteria
was not discussed. I think a few of you gentlemen sat on the board the
day the fine was imposed.
I've also brought with me as supplement to my motion to reduce
the fine, I have five copies that I'd like to submit to the board, and I
have one for the county.
VICE-CHAIRMAN KELLY: Is this an additional motion?
MR. MARSHALL: No, it's a supplement to my motion. It's not
an additional motion, it's just some criteria.
I believe, if I might refer to -- I think it's Article 10. I don't have
a recent Article 11. Just bear with me, please.
VICE-CHAIRMAN KELLY: While Mr. Marshall is looking for
that, in order to entertain his supplement, I will need a motion and an
approval and then also a comment from our attorney as to the validity
of it.
MS. ASHTON-CICKO: I think generally they have to provide
the motion a certain number of days before the hearing. But in the
spirit of due process, I'm going to suggest that you take a look at it.
VICE-CHAIRMAN KELLY: Very good.
Page 51
sep~~e~ 24, ~09 ~~
I'll entertain a motion to accept the supplement.
MR. DEAN: I'll make a motion to accept the supplement.
VICE-CHAIRMAN KELLY: We have a motion. Do we have a
second?
MR. L'ESPERANCE: Second.
VICE-CHAIRMAN KELLY: We have a second.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: Mr. Marshall, just to clarifY, so
your position is when we originally imposed the fines you did not
request to reduce or abate them, is that --
MR. MARSHALL: There was a motion to abate the fine.
VICE-CHAIRMAN KELLY: Okay.
MR. MARSHALL: But my understanding -- and I think I've
included in the original motion that you folks had received prior to
today's hearing -- let me see here -- you know, from the August 21 st,
2003 Code Enforcement Board, I believe it was the hearing, it could
have been a workshop, I'd have to check real quick, that the abatement
of a fine and the reduction of a fine are two separate animals.
So rather than run myself into the quagmire where I was doing
something I wasn't permitted to do, that's why I clarified that this is
our first motion to reduce the fine. I don't know if we ever got to the
merits actually of my motion to abate. And I can't recall offhand if
any of you gentlemen sat on the board for that.
But that being said -- let's see, where did I put that? Bear with
me, please. I'm sorry.
Page 52
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September 24, 2009
My Article 11, a reduction of fine and imposition of fines, I
believe under Section I permits the county to consider any factors that
make the abatement or the reduction of the fine appropriate.
MR. KAUFMAN: I've got a question for county. Has this
violation been abated?
MS. WALDRON: No, it has not.
MR. KAUFMAN: Ifit has not been abated, we generally do not
even hear reductions if the fine has not been abated; is that correct?
MR. L'ESPERANCE: The violation still exists is what you're
say mg.
MR. KAUFMAN: Right.
MR. MARSHALL: Well, that's something we're going to get
into in my supplement here.
MR. KAUFMAN: I'm asking the county this.
MS. WALDRON: That is correct.
And if you please refer to your packet as well, there is an order.
It is OR40813366. And this is an order on motion for
reduction/abatement of fines and lien.
MR. KAUFMAN: Is this the -- on the top, the number that's up
on the top 3650241 ?
MS. WALDRON: It's actually OR40813366. There are
numerous orders in your packet.
MR. KAUFMAN: Okay. I was just looking at the one that said
that the -- that it was denied on -- I'm trying to find the date on this.
MR. MARSHALL: Maybe July 29th, 2006?
MR. KAUFMAN: The rehearing was on June 23rd, 2005.
Motion for rehearing was denied.
MS. WALDRON: That's a different order.
MR. KAUFMAN: Okay.
MS. WALDRON: It's the order on motion for
reduction/abatement of fines and liens. Came before the board on July
27th, 2006.
Page 53
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September 24, 2009
MR. MARSHALL: If I might interject, if there's a copy of my
motion, I believe it only says motion to abate the fine. I don't believe
it says anything about reducing the fine. So the order may reflect --
may use that language, but I don't believe the motion did. And I have
a bunch of stuff here from the county. I don't know that I have a copy
of the motion to abate in there. But my recollection is that we only
filed a motion to abate the fine.
VICE-CHAIRMAN KELLY: The point that was just brought up
by both Mr. Kaufman and Mr. L'Esperance is that we don't as a board
rule to reduce or abate any fines until compliance has been secured,
until the actual violations have been abated. In that case, that's why
we actually denied the original notice to abate and/or reduce whatever
the original motion was.
So in this case in my mind it becomes less of an issue as to
procedurally, you know, did you ask for an abatement versus a
reduction, and it's more to do with the fact that there's still a violation
that exists that basically disallows this board to suggest or think of --
about or rule on any further reductions of any kind.
MR. MARSHALL: I understand that. But you are
misapprehending the facts of the case which you are -- which I'm
trying to bring you up to speed by the supplement to the motion.
VICE-CHAIRMAN KELLY: I can appreciate that.
I also would like to refer to the original motion to rehear, which
was denied, which was timely. However, now we are -- not only have
we been asked to rehear the case and denied that, we are now past yet
another time frame to rehear, and that's a completely separate issue
altogether. We can't rehear the original case.
MR. MARSHALL: I understand that. But I'm just saying that in
the criteria for reducing a fine is any factor under your rules that make
an abatement appropriate. And the factor, the definition of factor is
any element that brings a particular result.
So I have factors here that I would like you to consider. Whether
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September 24, 2009
or not at the end of considering them you think you have jurisdiction
or not is another question.
But, you know, this notion that there's a violation on the property
is incorrect and I'd like to, you know, just indulge the board for five
minutes.
VICE-CHAIRMAN KELLY: 1fT may, I'd like to poll the board
and see if we can't get some kind of acceptance to allow you to make
that presentation to us, with the understanding that the board may set a
specific time constraint as to how long we'd like to hear details about
what you have to say.
MR. MARSHALL: Fine, that's the board's pleasure.
VICE-CHAIRMAN KELLY: Would the board entertain
listening to the supplement and perhaps some kind of extenuating
factor that may exist that may change our mind?
MR. DEAN: Five minutes.
MR. L'ESPERANCE: Five minutes.
MR. KAUFMAN: Five minutes.
MR. LA VINSKI: I agree.
VICE-CHAIRMAN KELLY: Mr. Marshall, it's unanimous.
We'd like to hear what you have to say for five minutes.
MR. MARSHALL: Okay. The original fine on the property, I'm
sure you probably have an order in your packet, is that there were no
permits for the sheds on our property.
Exhibit No.1 to my supplement is the Collier County permit that
we were issued in 1986. As a general condition states up in the
right-hand comer, only the work as shown on the approved
construction plan will be allowed under this permit.
The next page is my construction site plan that was stamped by
Collier County and signed off on on September 22nd, 1986. You'll
see on the site plan there's my residence, a 20 by 20 pole barn and a
three by eight rectangular structure that we intended at one point in
time to put our water softener in.
Page 55
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September 24, 2009
So we had plans and we had permits. The county never had the
permit at the original hearing, the county never had the blueprints.
There was some discussion about the blueprints, and I argued
you have to look at the blueprints. You just can't look at the permit
application to determine what we were legally allowed to build out
there. So we've been being chased for seven years for unpermitted
structures that we have permits for. I have the original permit with me
and the original plan that I can submit into evidence.
So rather than getting involved in any more litigation, and I don't
-- I mean, I could get into the legality with the building, the main
structure, and it involves the old code that the permit was issued
under, that we were never given before the original hearing, the
difference in those codes is spelled out with crystal clarity in the
motion.
What I'm asking the board to do is to consider -- I know there's
some question about the board's authority to fool with the lien, you
know. I know that the statute says that the lien runs in favor of the
county, but the county cannot enforce the lien. That's solely the duty
and the authorization of the Code Enforcement Board. So the lien can
sit there in perpetuity. The Board of County Commissioners can't
authorize anybody to do it. It's your business.
So I think it's still within the purview of the board to reduce the
fine. If the county doesn't like it, then the county can take it up with
the courts.
The alternative would be, and I mention it in my closing
paragraph, is if it's in the county's -- in the board's opinion that there is
no violation, certainly with the sheds. I mean, I think that's -- there's
no argument there, those structures are legal. If you would look on I
think it's Exhibit No.3, which was entered into evidence at the Code
Enforcement Board hearing, this was put out by the property
appraiser, you'll see in the first vertical column up at the top, building,
APC, APC, OPC, three buildings. Down at the bottom, three
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buildings. They've been there since 1989. There's no illegal
construction going on out there.
So as I was just getting around to, what I asked the board to
consider doing is that we would request the board to enter an order or
at least to consider it, take it up at another hearing if you need to or
whatever, removing the fines from our property and if necessary to
petition the board to reduce the fine to remove the lien, if you don't
feel you have the authorization to do that.
We've already appeared in this commission room once before in
front of the board and said Mr. Letourneau's been on our property
without inspection warrants, dah, dah, dah, dah, dah, dah, dah, dah,
dah, and they said well, let's go to court.
So we're in court. And I just felt that it was at least worth the
effort to try to appear before the board. I thought there was -- in the
broadest application of the rules in your discretion that we could have
a little more than five minutes to address the board. So that's basically
the thing in a nutshell.
VICE-CHAIRMAN KELLY: Can I askjust quickly if you
happen to have a copy of the original permit that shows signatures that
a final building was approved or a certificate of occupancy?
MR. MARSHALL: Oh, I don't have that. I don't have that. You
know, that's a different issue. I'm talking about first of all my sheds,
we've been fined, and there's a lien on our property for unpermitted
sheds. They're on our plans and the permit says what's ever on the
approved plans can be constructed. So we built our sheds, and they're
not unpermitted. Now, you still may think they are.
VICE-CHAIRMAN KELLY: Well, if I may explain, what
permitting means to us is not just to go down and to apply for a permit
or maybe even receive one, it's also to make sure that that permit has
been approved all the way through to a final and a certificate of
occupancy. At that point then the permit would be completely legal.
MS. ASHTON-CICKO: Mr. Kelly?
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VICE-CHAIRMAN KELLY: Please.
MS. ASHTON-CICKO: We have received testimony from Mr.
Marshall that a lien has been placed against his property, so I'd just
like you to take note of Section 162.09, subsection three of the Florida
Statutes. And I'm going to start in the middle of the paragraph that
starts with, a fine imposed pursuant to this part shall continue to
accrue until the violator comes into compliance or until judgment is
rendered and a suit filed pursuant to this section, whichever occurs
first.
A lien arising from a fine imposed pursuant to this section runs in
favor of the local governing body and the local governing body may
execute a satisfaction or release of lien entered pursuant to this
section.
The local governing body is the Board of County
Commissioners. There's another section that does say it accrues in
favor of Collier County.
MR. KAUFMAN: I have a question of the county.
The building permit that was issued in 1986, do I understand that
to be canceled or expired, or what?
VICE-CHAIRMAN KELLY: 1fT may, I caution the board to get
into the details of the case, unless there was some kind of ruling that
allowed us to rehear it.
MR. KAUFMAN: Okay, then let me make the motion. I'd like to
make a motion to deny the request by the respondent, due to the
language in Article 10.
VICE-CHAIRMAN KELLY: There is a motion. Is there a
second?
MR. L'ESPERANCE: Second.
VICE-CHAIRMAN KELLY: We have a motion and a second.
And we have to call for a vote, but I'd like a little discussion on this.
Can we even make a motion on something that mayor may not
be within our jurisdiction to hear in the first place? Is it something
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September 24, 2009
that -- do you understand what I'm saying? I mean, if we're not
allowed to even receive this motion and determine whether or not, you
know, to approve or deny, can we even hear the motion? Or--
MS. ASHTON-CICKO: Well, I think you've already heard the
motion.
VICE-CHAIRMAN KELLY: But if we decide that the motion is
without -- outside of our rules, by denying it --
MS. ASHTON-CICKO: I think you can deny it on the basis that
you don't have jurisdiction.
MR. L'ESPERANCE: Would you like to amend your--
MS. ASHTON-CICKO: Well, there are two basis, so you
already ruled on it and you don't have jurisdiction. You don't have
further jurisdiction.
MR. KAUFMAN: I'd like to add that to my motion.
VICE-CHAIRMAN KELLY: Okay, so moved.
And do we amend the second as well?
MR. L'ESPERANCE: Second amended.
VICE-CHAIRMAN KELLY: Okay, is there any further
discussion?
(No response.)
VICE-CHAIRMAN KELLY: All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: Okay. I apologize, Mr. Marshall,
but we have denied the motion to reduce the fines, or at least to hear
that case.
MR. MARSHALL: Which was it?
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September 24, 2009
VICE-CHAIRMAN KELLY: All the above. Thank you.
Moving on to new business. The consent agenda was approved
at the time we approved the original agenda. Is there any reports,
comments?
MS. FLAGG: Yes. Good morning.
VICE-CHAIRMAN KELLY: Good morning.
MS. FLAGG: Diane Flagg, for the record, Director of Code
Enforcement.
I just wanted to brief you on a couple of things that the
department is doing. This past Saturday, as part of the Blight
Prevention Program for the Code Enforcement Board Department, the
five district teams joined up with the sheriffs office and utilities
division and filled numerous dumpsters in five locations throughout
the county. Collected over 200 discarded tires, appliances, discarded
furniture. And they've deemed it a tremendous success, not just by
their perspective but from the community members' perspective.
What a cleanup does, it allows the community members to bring
all those things that they wanted to get rid of to a location, and all
those things are dumped at no cost to the community member.
So that is one of the components of the Blight Prevention
Program are the cleanups.
In addition, as we've talked before, there's been over 10,000
foreclosures/lis pendens filed in Collier County. The numbers
continue to increase. When we compare the lis pendens filed last
month to the lis pendens filed this -- or last year and this year, the
numbers are continuing to increase.
There's been over a thousand cases, code cases that the code
foreclosure teams are working through with the banks, and we're
approaching a half a million dollars that the banks have spent to abate
the violations that exist in our community.
In addition, we've implemented a new program in the Immokalee
district. One of the things that the community members expressed was
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Septemb~r 24:~009
that driving 40 miles to submit a permit application from Immokalee
and then 40 miles back was a hardship. In order to assist the
community members and to increase sufficiency, we've identified
days at the code office in Immokalee for community members in
Immokalee or in the area to bring their permits to that location. And
then working with the fax machine, we're checking the permit
applications to make sure that they're complete, then we fax it to the
permitting office, they review it and they're faxing back a permit.
So we're saving the community members in the Immokalee and
the surrounding areas an SO-mile round trip drive to Naples,
potentially having to do it two or three times if they had an application
that wasn't complete.
And the final thing that we're working on is NABOR and CBIA
have worked together and developed a proposed ordinance. That will
be going to the board September 29th for their review. It's an
ordinance to require mandatory inspection of vacant and foreclosed
homes prior to the sale of that home, so that the buyer that's coming in
of a vacant and a foreclosed home will have the opportunity to see if
there are any code violations.
Those code inspections will be done by the private market. Code
enforcement will not be doing those inspections. We're trying to
encourage the private market to get involved in that to provide folks
an opportunity to transition into doing these code inspections.
The advantage, obviously we're hoping to reduce you aIls
case load so we don't have -- we had one case today where it was a
significant case in terms of cost to the buyer. They bought the
property not knowing that there were code violations on the property,
and now as you heard during the hearing, that they're having to spend
quite a bit of money to abate those violations.
So there's a two-part process to this. There's a mandatory that the
board will be considering for vacant and foreclosed homes. And then
in addition, we're working with NAB OR to implement a voluntary
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September 24, 2009
inspection of all homes prior to the sale. So that a buyer, when they
come in and put a contract in on a home that they do get a code
inspection, voluntarily, their choice, but at least they'll know what
they're facing prior to closing on that home.
And that concludes the report.
VICE-CHAIRMAN KELLY: Great. I'd like to ask our attorney
if it's okay, if the board was to agree to send a letter of support to the
Board of County Commissioners of the new ordinance. If that would
be permittable under our jurisdiction. Just a letter of recommendation
either for or against, depending on what the board decides.
We're the ones who are faced with these cases; it very much
affects us. And we see what it does to the community when someone
buys a home with these code violations and then they are now
responsible to abate them.
MR. L'ESPERANCE: Mr. Chairman, I think we have to be
careful not to perhaps upset our quasi judicial role in this whole
process by entering into an opinion process. I don't know what our
attorney might feel, but that's my position.
MR. KAUFMAN: I agree with you. It's -- first of all we don't
have the ordinance in front of us to say whether it's a good ordinance
or a bad ordinance.
By the way, the language that you used to say vacant and
foreclosed needs to be changed to foreclosed and vacant, because to
me it sounds like vacant homes, just about every home that's sold is
vacant and foreclosed. So it's a little English trick there that I think
needs to be looked at.
MS. FLAGG: They're tied together. Those two components
have to exist before mandatory -- under the current proposal, that they
have to be foreclosed and vacant and ties the two together. Those two
components have to exist before mandatory inspection is required.
MS. ASHTON-CICKO: I'm not going to tell you that you can't
do it. I don't think that it expressly falls under the purposes for which
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September 24, 2009
you were created.
I'd caution you if you haven't read it, but you might want -- if you
haven't read the ordinance and you do want to show some sort of
support, you could -- your letter of support could indicate that you're
supporting the concept.
VICE-CHAIRMAN KELLY: Thank you.
And I'd also like to commend staff for their efforts. This is one
of those cases where the rubber hits the road. This is where our
county government is taking steps to ensure that our county stays
beautiful and that our property values stay as high as possible, given
the circumstances economically that's faced this nation. I think that's a
wonderful job that you have done, and it affects all of us. Thank you.
MS. FLAGG: There's a large team out there. There's quite a few
code investigators that -- I mean, it speaks to their commitment to the
community that they gave up a Saturday.
And this isn't just one team, there's five teams of investigators,
and all five teams gave up their Saturday to go out and help clean up
the community.
VICE-CHAIRMAN KELLY: Wonderful.
Any other comments on new business?
(No response.)
VICE-CHAIRMAN KELLY: Seeing none, the next Code
Enforcement Board meeting is October 22nd. And I'll entertain a
motion to adjourn.
MR. DEAN: Motion to adjourn.
VICE-CHAIRMAN KELLY: Motion. Do we have a second?
MR. KAUFMAN: Second.
VICE-CHAIRMAN KELLY: We have a second.
All those in favor?
MR. DEAN: Aye.
VICE-CHAIRMAN KELLY: Aye.
MR. L'ESPERANCE: Aye.
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September 24, 2009
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KELLY: Any opposed?
(No response.)
VICE-CHAIRMAN KELLY: We'll see you next month. Thank
you.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 10:55 a.m.
COLLIER COUNTY CODE
ENFORCEMENT BOARD
"
/ ....- .-.... .. .:,:.:::==-
l___ C~:::" '__-~~::'>
KENNETlrKELLY, Acting Chairman
These minutes approved by the board on
presented or as corrected
as
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 64
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1
RECEIVED
OCT z t 2009 TRANSCRIPT OF THE MEETING OF THE
8""'0 "ii;o'o;Y , """",,.,one,s CONTRACTOR LICENSING BOARD
OF COLLIER COUNTY
Naples, Florida
September 1 7, 2009
~
September 17, 2009
Fiala
Halas
Henning
Coyle
Coletta
v.
Jc\~
LET IT BE REMEMBERED, that the Collier County Contractor
Licensing Board, in and for the County of Collier, having conducted
business herein, met on this date at 9:00 a.m., in REGULAR
SESSION at CDES on Horseshoe Drive, Naples, Florida, with the
following members present:
CHAIRMAN: Richard Joslin
Michael Boyd
Kyle Lantz
Tom Lykos
Lee Horn
Terry J erulle
Patrick White
ALSO PRESENT:
Michael Ossorio, Contractor Licensing Supervisor
Garrett Mullee, Manager of Operations, CDE~sc eorres
Patrick Neale, Attorney for the Board DateJd--~3'
Page 1 rtem#~~U)AS
''''';0"'
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September 17, 2009
MR. OSSORIO: Ready to go?
CHAIRMAN JOSLIN: Good morning. I'd like to call to order the
September 17,2009, Collier County Contractor Licensing Board
Meeting.
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'd like to open the meeting starting with roll call, starting to my
right.
MR. BOYD: Oh, I'm sorry. Michael Boyd.
MR. LANTZ: Kyle Lantz.
MR. L YKOS: Tom Lykos.
CHAIRMAN JOSLIN: Richard Joslin.
MR. HORN: Lee Horn.
MR. JERULLE: Terry Jerulle.
MR. WHITE: Patrick White.
CHAIRMAN JOSLIN: All right, gentlemen. Good morning. And
staff, are there any additions or deletions to the agenda?
MR. OSSORIO: Yes. For the record, Mike Ossorio, Collier
County Licensing Supervisor.
We sent the packet out to you last week, and in that packet was a
-- an item for fees, introducing new fees for the licensing board, and
since then they've been updated, since September 15, 2009. I want to
put it in the record, put it with your packet.
CHAIRMAN JOSLIN: Okay. Do we have the new -- the new
draft?
MR. OSSORIO: Yes, we do.
CHAIRMAN JOSLIN: Do you want to introduce that for
evidence just to make sure we've got the same piece of paper in front
of us.
Page 2
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September 17, 2009
MR. OSSORIO: It's going to be marked, updated September 15,
2009. We also have a document for the resolution, I want to pass out
as well for the record.
CHAIRMAN JOSLIN: Okay. Is that the only additions?
MR. OSSORIO: That is the only additions. I do have some -- a
comment before we start.
CHAIRMAN JOSLIN: Okay.
MR. OSSORIO: I got an email from Eric Guite', one of our
longstanding board members. He has resigned his seat on the
Contractor Licensing Board effective immediately. I've contacted the
City of Naples, and I've contacted Sue Filson, and we'll get that filled
as soon as we can.
CHAIRMAN JOSLIN: Another one from the City of Naples?
MR. OSSORIO: Both in the city. We have one consumer in the
city, and we have a contractor in the city, so we'll be advertising that.
I'm also communicating with the city council. One of these vacancies
has been almost a year. So I'll try to really hit that hard and try to get a
consumer from the city. If not, I'm going to try to get some kind of
resolution authorizing us to advertise in unincorporated Collier
County so we can get this thing filled.
CHAIRMAN JOSLIN: Try to get that position filled.
MR. WHITE: A word, Mr. Chairman?
CHAIRMAN JOSLIN: Sure.
MR. WHITE: I reside within the city limits, for your information.
MR. OSSORIO: Okay, okay. I will hang on --
CHAIRMAN JOSLIN: Make a note of that one.
MR. OSSORIO: Well, that might be good news, because then we
just have to advertise in the unincorporated area. We still have a
problem with the consumer in the City of Naples, but I'll address that
with the city council.
CHAIRMAN JOSLIN: Okay. When you do that, I'd like you to
really be demanding as far as what -- we need that person on the
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1 ~
September 17,2009
board. This has gone on for about a year that I know of, for sure, that
we've been looking and searching for someone from the city to
represent them. If they don't want someone on the board, then at least
put it in our hands to be able to get someone here from the county.
MR. OSSORIO: Yeah. I talked to Sue Filson. I made that pretty
clear. I didn't use those words, but --
CHAIRMAN DICKSON: Okay.
MR. OSSORIO: -- said it was imperative that we get a consumer
to bring more information and get their perspective on the board.
CHAIRMAN JOSLIN: Okay. Did you have another question?
MR. WHITE: Just another point of order, Mr. Chairman. As
handy as I am with tools and, you know, other things like that, I
thought I was a consumer representative. I'm not a contractor. I hold
no contractor license. So I'm again just --
MR. OSSORIO: That's correct. I stand corrected.
CHAIRMAN JOSLIN: Okay.
MR. OSSORIO: Mr. White is a consumer. And if that's the case,
he lives in the city, I'll talk to the city council and also talk to the city
building official. I'm sure it's just a fOffi1ality.
CHAIRMAN JOSLIN: Okay.
MR. OSSORIO: We can advertise for the unincorporated for the
consumer.
CHAIRMAN JOSLIN: Both.
MR. WHITE: No.
MR. OSSORIO: I mean the contractor.
CHAIRMAN JOSLIN: Both.
MR. OSSORIO: I'll take care of it.
CHAIRMAN JOSLIN: Okay. If there's no other additions or
deletions, I'll need a motion to approve the agenda as reviewed.
MR. LANTZ: So moved, Lantz.
MR. L YKOS: Second, Lykos.
CHAIRMAN JOSLIN: Motion and second for the agenda.
Page 4
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September 17,2009
All in favor, signify by saying aye.
MR. BOYD: Aye.
MR. LANTZ: Aye.
MR. L YKOS: Aye.
CHAIRMAN JOSLIN: Aye.
MR. HORN: Aye.
MR. JERULLE: Aye.
MR. WHITE: Aye.
CHAIRMAN JOSLIN: Any opposed?
(N 0 response.)
CHAIRMAN JOSLIN: Okay. I need the approval for the minutes
for the August 19th meeting.
MR. L YKOS: Motion to approve, Lykos.
MR. LANTZ: Second, Lantz.
CHAIRMAN JOSLIN: Motion and a second.
All in favor?
MR. BOYD: Aye.
MR. LANTZ: Aye.
MR. LYKOS: Aye.
CHAIRMAN JOSLIN: Aye.
MR. HORN: Aye.
MR. JERULLE: Aye.
MR. WHITE: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries.
All right. Without further ado, we're going to go right into this
review of the upcoming fee schedules.
Are all the parties here that are going to represent this, that are
going to be speaking?
MR. OSSORIO: I believe so.
CHAIRMAN JOSLIN: Okay. As you all know, there was a
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September 17, 2009
resolution that was written way back in April about -- I'm sorry --
March of '07, March and April of '07. Just for the record, I'm going to
read the resolution that was written. This is the reason why -- one of
the reasons why we're here.
It says, number one, the fees set out within the attached new fee
schedule are fair and reasonable, which is the original fee schedule.
And, number two, the extremely poor state of economic conditions for
the construction industry makes this an extremely inopportune time to
raise fees charged to an industry that's suffering from this economic
downturn; however, the level of service provided by the contractor
licensing and enforcement departments should not be reduced due to
economic conditions because its enforcement activities are critical to
the protection of the health, safety, and welfare of the citizens of
Collier County.
Since that time, our fee schedules, I believe, were put on more or
less of a hold pattern, not to increase them because of that particular
time. And now it's come before us that there's a need to do some type
of adjustment only to bring us up to the current code and maybe to
bring us up to the fee schedules that other municipalities charge.
So with that said, I'll open it up to any other questions, or Mr.
Ossorio, if you want to begin.
MR. OSSORIO: Well, I just have a -- want to comment on that,
that is, this fee schedule, we did deal with a reduction. Contractor
licensing staff and personnel are working 32 hours a week, so there is
a reduction in service. And this fee schedule is to address that issue.
Gary Mullee is here to go through the fee changes, and if you
have any questions, I'm sure you'll -- I have no other questions.
CHAIRMAN JOSLIN: All right. Okay. To the podium, sir, and
you must have something to say. Could you please identify yourself,
and be sworn in.
MR. MULLEE: For the record, it's Garrett Mullee, and I'm
manager of operations support here at CDES.
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September 17, 2009
(The speaker was duly sworn and indicated in the affirmative.)
MR. MULLEE: Thank you. I appreciate the opportunity to talk
to you guys. You'll have to excuse me. From time to time I'll put on
my reading glasses. Unfortunately, I've gotten to that age where I've
had to -- no longer can see my own paper here.
What we're bringing before you is a fee proposal, and I think that
you guys saw the first draft at your last meeting. And basically I'm just
going to -- I've prepared an attachment. I assume it's the same one that
Mike has passed along. If not, I've got a copy over here.
And I'm just going to take about five minutes, just kind of
explain the history of this particular proposal, what's in the package,
and what the process is or has been up to this point in time, and then
I'd be happy to kind of go over any of the details and answer any of
your questions.
Over the course of time, you know, CDES really hasn't raised its
fees in a long time. Probably on the building side, on the building
permit side, it's been probably since the 1990s.
And so we are taking a look at the overall fees within the whole
organization, and contractor licensing is one part of that. Now, we
outsourced this Fund 113, the building permits and the contractor
licensing, to a vendor who's gone ahead and done a time study of the
actual time that the activities take and the associated costs with those,
and that's what came forward in the draft proposal, the original draft
proposal.
What we've done is, the package that we have here presents not
only the vendor's draft of the items, but a real detail of the cost
structure that went into -- into those fees, into that calculation, and
we've also -- in this package is a spreadsheet which summarizes the
cost -- the changes in the proposal over the last month or so.
Fund 113, which contractor license is part of, has lost $2 million
this year, which means our expenses have exceeded our revenue by
about $2 million, and that's despite the fact that we've made a very
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September 17, 2009
long and extensive series of cost cuts within the organizations, as
Mike has alluded to. Staff has gone on 32-hour workweeks. We have,
overall, in CDES let 120 people. We have cut every cost. We haven't
replaced a vehicle in the organization now in four or five years. We're
just running on vapor. And you know, obviously it's just an indication
of the economy and where things are.
Unfortunately, because we haven't -- you know, we've been
running on reserves now for a couple years, which is the -- you know,
the money that came in for future services like inspections and all at
the height of the boom. That money is essentially gone at this point in
time. And so now we need to kind of adjust fees to what our actual
costs of operations are.
You know, we came into this process, and this really isn't an
attempt to hoist a fee schedule and a fee hike on you just cold, because
we really wanted to try to make this a consensus -- consensus project
or process. We understand the economic environment that everyone
has to live in. We understand the times.
And so we understand that we are asking you for something
significant, and we understand the burden. And so what we've done in
this process, or what we're hoping to do in this process, is to kind of
put everything on the table. We're asking you for something and we
realize that there's -- you know, we're here together in this thing, and
clearly you have expectations and needs for service, and we want to
have a discussion about those.
An example of that, you know -- and we've done in the building
department, obviously level of service has been a significant issue as
far as permit turnaround times. And one of the things we've done in
the fee proposal on that side is that we've put forward a proposal for a
turnaround guarantee, land review standards, where we actually have a
-- in the fee schedule plan review standards. I think it's five -- right
now it's five days for residential. It's 15 days for commercial projects.
That's front door to back door within the organization. That's not only
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September 17,2009
for reviews in the building department. It's zoning approval and it's
impact fee review with the permit.
And in fact, we are going to be issuing a 50 percent refund if we
don't meet that standard, and that's because obviously the industry has
-- you know, if we're going to increase fees and ask you for
something, we are willing to kind of step up to the plate and make a
real attempt to kind of resolve some issues and meet your needs.
As these contractor license proposals come forward, there's been
a couple of evolutions since the first draft came out. One, I think you
guys saw the first draft about the same time I saw it. And so, probably
shortly after your meeting there was a variety of minor fees, which I
just reduced. And what we're trying to do is keep the contractor
licensing fee proposal strictly to what the vendors and time studies are.
If! don't have a real detailed cost breakdown of a particular fee, I'm
not going to bring it forward. And so -- there's no point. We're going
to keep this right to the study.
As we went through this, we presented this along with the regular
building permit fees to a subcommittee of DSAC which is looking at
the fees. There's two subcommittees; one that's looking at the planning
review fees, and one looking at the building review fees.
And I think Mr. Lykos, who was in on that meeting who went
ahead and -- as we went through the cost structure, we were looking at
how costs were allocated to these contractor licensing fees, because
these fees -- within contractor licensing and within this spreadsheet
and this package, you know -- I can go through details -- not only is it
the actual cost of the costs that are involved in contractor licensing,
my staff, and his immediate costs, but there's several allocations that
are allocated to this section.
There's administrative costs, which -- Bob and his staff in
building department, and there's a level of divisional oversight which
is kind of distributed across the organization, and Mike picks up a
little piece of that because he has staff.
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September 17, 2009
And that's the financial end, myself, that's Joe. There's also -- he
picks up a little piece of countywide allocations, which is IT, HR, a
variety of things. I can go through the detail of that.
So as we had that discussion, some concerns were raised about
the outcome of the specific allocation of costs. One was record rooms
and addressing section, which is a Fund 113 section. And since there's
only three revenue sections within 113, which is Mike's section,
contractor licensing, it's plan review fees, within Bob -- within the
building department, and inspection fees, we allocated those
addressing and record room costs across those sections.
And the concern was raised that, well, contractor licensing really
doesn't use those, per se. It really isn't involved in record storage and
all that. And we took a look at that, and we decided, yeah, there's
some validity to that concern. And we also wanted to, you know, try
to kind of reach a consensus on this issue.
So what we've done is we've removed the record room,
addressing, costs allocation from this proposal. And then -- so what
you have is a revised set of fees which are probably, on average, down
15 -- 10, 15 percent from the original proposal because we've removed
those costs. It's $112,000 which was allocated to contractor licensing
included in this fee structure.
And we would -- we will -- though I'm not exactly sure how we'll
do that yet, but I'll figure it out -- we will remove those costs
completely from Fund 113, and I'll allocate those costs to other
sections, probably to Fund 111 and 131.
So what we're doing is we're working -- Joe's just figuring it out.
MR. SCHMITT: Yeah.
MR. MULLEE: So don't worry about it.
And so what we're doing is we're trying to remove those because
we're trying to kind of reach -- reach an understanding where we --
where we're in agreement on what's a legitimate cost and what's a
legitimate set of fees for the organization.
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September 17,2009
So with that, that's basically the process that we've kind of gone
through to get to this point. Like I said, I have the details of the cost
structures that went into this. I'm happy to kind of go over it line by
line. I'm happy to address your questions, whatever you'd like to do at
this point.
CHAIRMAN JOSLIN: Okay. What's the pleasure of the board?
Do you have any questions you may have at the moment?
MR. LANTZ: I have a question.
CHAIRMAN JOSLIN: All right. We'll start in the comer. Let's
try and keep it down to maybe one person at a time. Let's not get into
the same conversation if we can help it.
MR. LANTZ: All right. I've been going over this, and I want to
preface this by saying I'm biased because I'm a state-licensed
contractor who has five state licenses. So when I see my fee going
from $10 to $45, multiply that times five, that's a lot of money that I
don't want to spend.
So because of that, I'm your worst enemy right now. Let me
preface it by that.
Now, when I look this, you know, we were told at the last
month's meeting, you know, look at what other municipalities are
charging to register a state license, and so I did a little research. And I
looked, you know -- I do work in Lee and Collier County. Lee County
we have, you know, Lee County, Bonita Springs, Fort Myers Beach,
City of Sanibel, Fort Myers; then I have Collier County; then I have
City of Naples, Marco, and Everglades. That's nine different people
I'm paying a registration fee, which to me is ridiculous.
So I look around other places around the states. A lot of places
charge a state registration fee and a lot of places don't. And the ones
that don't specifically address state statute and the Contractor
Licensing Board that says -- it's 49.113, I think -- that says, state --
local governments cannot charge a fee to a state-licensed contractor
except for optional license fee and a regular building permit fee.
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September 17,2009
And now we're getting all these extra licenses. I didn't care when
it was ten bucks, but when it's 45 bucks, you know, you start looking
at it.
So my curiosity is, what's the deal? Are we going against the
state statutes by charging a fee? And if so, can we get our money back
or reduce the fee? I mean, it just seems to me like we're getting fee'd
to death.
MR. OSSORlO: No problem, Mr. Lantz. I'll go ahead and
answer that question. The term registration fee is probably a
misnomer. We're going to work on that, maybe even change it. It's a
process. Remember, this -- you've -- even though it's one fund, you
come to our office, which is a contractor licensing office. It's not a
building permit fee. It's not a building. You elect to register your
license with us to go ahead and -- so we provide you service. In other
words, we're going to update your insurance for you free of charge for
that fee, we're going to make sure we give you a pin number. This is
all a licensing issue, not a building issue.
I'm sure if you can -- Mr. Lantz, if you came in the office and
you said, I don't want to pay this fee; I'm going to go down and go
ahead and register my license, I'm sure we could make some
accommodations for you; however, you're not going to be put in our
system, you're not going to -- every time you call an inspection, you're
going to have to provide us workers' comp insurance. The statute you
referred to is a good statute; however, under the Florida Building Code
it says we can't issue you a building pelmit without checking your
workers' comp and your insurance. We have to make sure that you
have that.
And also 149 tells you that we must check to make sure you sub
list. So we also do that as well. We update all your subcontractors for
you as well. So we will provide a -- licensing department provides you
with a service, and we're going to change state registration; it will
probably say licensing service fee. We give you the pin number.
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September 17, 2009
But I can assure you, if you want to get rid of this I have no
problem because we are losing money hand over fist providing the
state-certified contractor with this service.
If you want to, I will gladly get rid of it. And every time you pull
a building permit, you have to come in, show every time -- every time
you pull a building permit, you've got to show your business tax
receipt, your workers' compo insurance, all your sub lists, all your sub
lists' insurances, all your workers' compo of all your employees, all
your exemptions, every time you come in to pull a building permit.
Now, that's separate.
Licensing is providing a service for the state-certified contractors.
A lot of state-certified contractors -- we have over 7,000 of them --
register their license with us due to the fact that they like to be on our
system. And to give you an example, you're a glass and glazing
contractor, state-certified glass and glazing contractor. You don't pull
building permits. Put in glass and doors in showers, you don't need to
come to our office, and we don't recommend you do so because you
don't need to be in our system, in the City View or in CDES to come
in and spend $3 million on them; however, when you go to your
homeowner's house and you say, here's my contract, I want to put
some glass in your house, or here's my state contract, I want to do
some work with you, they call our office, because -- find out before
you lose out. They call the county. That website for the State of
Florida is very unique. It's very difficult for processing, for people to
use. So they come to our office and they go in our database, and they
check and say, hey, is this guy licensed? And you said, he's not
registered with us. And they can lose bids. I have many contractors,
state-certified contractors, come in my office and say, I want to update
you and pay your fee, because then it's another avenue for these
consumers to go to the licensing office and say, yeah, A Plus
Plastering is a state-certified general contractor, workers' comp.,
insurance is up to date, has a pin number, can go ahead and do
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everything online, which the licensing department does.
It's not a building department permit. It's a processing fee, and
we're going to work on that. So you've got two avenues. I mean, I
don't know how -- most jurisdictions are getting away with state
registrations.
If you go to these jurisdictions that we're talking about, you're
going to the building department; am I correct?
MR. LANTZ: Yes.
MR. OSSORlO: Here, where do you go?
MR. LANTZ: Contractor licensing.
MR. OSSORlO: Contractor licensing. Totally separate. We
provide a service for a minimal fee for our staff, and our staff is paid
by specialty contractors, and it's not fair. It's not fair to you, not fair to
anyone that these state-registered, state-certified contractors are using
our system on the backs of specialty contractors. So it's a processing
fee.
MR. LANTZ: So I will agree that I disagree with you completely
on that. But my question is, if I want to build a house and I want to
pull a permit, can I do it without paying the $45 fee?
MR. OSSORlO: If you come in and you write me your letter
stating the fact of that state statute, you don't want to be registered in
our system and you provide workers' compo insurance and licensing
every single time, every time you want to call an inspection, all your
sub lists, I'm assuming that we'd probably make accommodations for
you and we'll talk to you. We'll talk to the county attorney; however,
it's a processing fee.
You might get charged a fee for using our system, our new
software system and our CD plus system, so it could be a charge;
however, that's something that -- to the county attorney. But I strongly
recommend, you know, for the price you're getting, $50 or $45 every
two years, it's a bargain for what you're getting, a bargain.
And to be honest with you, Mr. Lantz, if you do go that way,
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September 17,2009
you're going to -- I guarantee you're going to suffer service-wise, so --
in the long-term. I mean, here you are, you have a staff that takes care
of your workers' compo insurance, your -- we are certificate holders for
your company. In other words, we renew your workers' compo
insurance. Your insurance company automatically faxes licensing to
our office and we update your system.
Now, if you don't pay that fee, you won't get that service.
CHAIRMAN JOSLIN: Do you want to add anything else to that?
Pretty much says it all, I guess.
MR. MULLEE: Yes.
CHAIRMAN JOSLIN: More or less a nomenclature situation
where the registration is the real kicker or answer to the question. It's
more of a -- it's not going to be a registration fee. It's a processing fee?
MR. OSSORIO: It's a processing fee. And most counties call it a
processing fee. And I apologize that we haven't really -- you know, we
haven't changed the name of it. We were going to do that, too, as well,
because it's a -- the state statute mandates the building official to go
ahead and issue a building permit to make sure that it's not issued
without insurance, to make sure the workers' compo is there, make sure
you check your business tax, to make sure that all -- make sure all
licensed general building residential contractors subcontract out
appropriate licensees, electrical and mechanical. All that is a business
practice that licensing handles, not building review and permitting. So
with that said --
CHAIRMAN JOSLIN: Okay. Another question as far as that
goes?
MR. JERULLE: Yes. We said that -- excuse me. The county has
said that this fee hasn't been raised since 1994, I think you said.
MR. MULLEE: I think overall the building permit fees haven't
been raised. There was a -- there was an adjustment probably in the
interim. I saw an adjustment on some of the contractor licensing fees.
MR. JERULLE: So we've gone 14 years, 15 years without
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September 17,2009
raising the fees?
MR. MULLEE: Uh-huh.
MR. JERULLE: The economy has taken a drastic dive, and your
building permits are one-fifth, one-tenth of what they used to be?
MR. MULLEE: Actually, they're probably one half. We're still
running at about 20,000 permits a year.
MR. JERULLE: The size of the permits --
MR. MUDD: Yes, the mix of the permits is down, yes.
MR. JERULLE: The quantity of the permits have gone -- have
decreased by 50 percent?
MR. MULLEE: Yes, uh-huh.
MR. JERULLE: The money value of the permits have decreased
by how much?
MR. MULLEE: The money value of the permits have probably
decreased by about 60 -- 60, 65 percent. Our budget has decreased by
60 or 65 percent.
MR. JERULLE: So I'm trying to figure this in my mind. If you've
gone 15 years without an increase and we have a very high volume of
permits and a dollar volume of permits, why are we now increasing
the cost when our permit fee has gone down and the quantity of
permits have gone down?
MR. MULLEE: Yeah. I think there's a couple of issues. One,
over the course of time, we have done a -- I think we've really -- you
know, some ofthe response, there's been a little lag in the time lines,
but we've been -- we've done a fairly good job of scaling the operation
according to the size of permits that have come in the door.
I -- as far as the number of staff and the organization per permit,
I'm at the exact same level now that I was in 2001, 2002. We went up,
we went down, like I said.
I think in the enterprise funds, we've cut more than 50 percent of
our staff, probably about 60 percent of our staff.
And so over the course of time there's a couple things that come
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September 17,2009
into play, and this one is, there's a significant issue of economies of
scale within the organization, and that plays out in a couple ways.
One, the first way it plays out is, a lot of our costs are fixed. There's
overhead costs within the organization that are fixed. This building is
an example.
Within -- within Fund 113, I guess probably back in the late '90s,
the Board of Commissioners decided that this organization was going
to be totally fee supporting. So everything within the organization is
fee driven or fee supported.
This new building addition was build in 2004, I think it was, and
was all built on fees. And now the maintenance cost of the building,
debt service on the garage, all these kind of costs are fixed costs.
When I'm running at 46 or '7 -- 46- or 47,000 permits, that fixed
cost is a much smaller percentage than when I'm running at 20,000
permits. And so the cost has remained the same. Actually over the
course of time, those associated costs have gone up. So that's one
factor in it, that my per-unit cost has changed over time because of
that kind of economy-of-scale issue.
Another issue over the course of ti me is -- of my costs going up
is obviously personnel costs. The organization, the way it's structured,
right now it's probably 70 -- actually in some of the funds in the
zoning fund, personnel is 90 percent of our cost. And on the building
side, it's probably 80, 85 percent of our cost right now as we have
gone ahead and eliminated nearly everything.
Over the course of time, those personnel costs have gone up as
organization's gone ahead and given cost-of-living adjustments each
year. I think probably the average salary increase on a yearly basis is
probably about 4 percent. Since the 90's, that's really compounded.
Probably what happened -- we would have had this discussion
probably in 2003 or 2004 had not the boom happened. And with the
boom happening and all the rush coming in here and us having a lag in
staffing up -- and for those who lived through the boom, I'm sure you
16 I 1 tVS
September 17,2009
can remember the vocal discussions about turnaround times within the
organization and how long it took us to get a permit out the door, and
that was just simply a factor of how long it took us to gear up.
And so reserves clearly built up during that time frame, and we
had several million dollars of a surplus that built up in reserves. We
really developed a much better economies of scale than we had
previously. We had large volumes of permits to go ahead and
distribute fixed costs against.
And so when things started turning around probably -- for us
things turned around at the end of 2006, started turning around. Since
then we've been losing money, and what has been -- and living off the
reserves. And the reason we didn't come forward in 2006 with a fee
increase is because we were sitting on a large amount of reserves, and
we were sensitive to that very concern, that obviously times were
difficult. We had built this money up from permits and some of the
cost advantages we got with the higher volume operation.
And so we wanted to go ahead and use that money to try to hold
costs down as long as we could. And in fact, we've reached the point
now where we're actually -- on the planning side, we're actually out of
reserves now, and probably on the building reserves we'll run out of
reserves in a few months.
And so that's the basis to it. We've really kind of scaled according
to workload. But my per-unit cost is significantly different than what
it was in the 1990s.
MR. JERULLE: What I'm concerned with is -- you know, and I
have said this at earlier meetings. I want people to have workman's
comp, I want them to have a license, I want them to register with the
county. I want to bring them into the fold, so to speak, because a lot of
the people that we see are people that don't bother to come and
register.
And now by raising the fee schedule, I think we're giving them
an excuse to work outside of the parameters rather than inside. And by
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September 17, 2009
raising it, I think we're going to maybe get less money, if that makes
any sense at all.
MR. MULLEE: Yeah. There's a couple --
MR. JERULLE: There are people that aren't going to pay these
fees that will still go out and work.
MR. MULLEE: Yeah. I understand that concern, and there's a
couple things in that concern. One, it has been brought forward, within
this fee structure, it certainly is proposed another contractor licensing
inspector, and that will be hired inside of this fee structure. That was
brought forward to me as a need of the industry or a request of the
industry, and that's inside this structure.
But yeah, we're sensitive to the concerns about raising fees too
much and its possible effect on activity levels, and we understand that.
But as we went through this, unfortunately, we're in a position
where this is what the cost is to us. And so we're kind of in this
situation where if we don't raise the fees to cover our costs, we're not
going to be able to provide the services, period, and -- because there
just isn't sufficient revenue.
I've got to tell you, you know, we're in the position where,
without a fee increase -- without some kind of adjustment on the fee
revenue, we're coming to some kind of consensus within the industry
on this issue where come November, I think we have, what is it, 55
people left in the building department?
MR. SCHMITT: Fifty-six.
MR. MULLEE: Fifty-six.
MR. SCHMITT: Counting contractor licensing.
MR. MULLEE: Counting contractor licensing, 56 people in the
building department. Without some type of adjustment in the revenue
structure, I -- you know, probably my recommendation would
probably be in November to let 20 of them go. It's just, that's just the
way it is.
And so what we're trying to do is, you know, be sensitive to those
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concerns and trying not to raise fees a penny above our actual costs.
And that's why you've seen this particular proposal go down over the
last month is because I don't want to raise these fees more than one
penny above what our -- what our costs are, and what our costs are not
in terms of where we were in 2003, because we were replacing
computers, we were replacing vehicles.
We're raising these to what our costs are now, which is really
running a very thin operation around here. People in the organization
MR. JERULLE: I'm not disagreeing with that at all. I'm a
member of the licensing board. I believe in the licensing board. I think
what Mike does and his staff does, they do great work.
My concern is, is that, you know, we're going to be seeing more
and more people that are not going to register, are not going to get
workman's compo insurance, are going to work outside the law, so to
speak, because they're going to look at these fees and say, geez, they
were too expensive before and you raised them with this economy, is
what I'm concerned with.
CHAIRMAN JOSLIN: Terry, I think -- and this is a quick
comment I'll make.
I think you're going to see that this is going to get -- it's going to
get worse. It will get worse without fee increases also because of the
fact, this is going to be able to provide one other investigator; it's
going to provide the level of service that it's going to take to keep the
people that are working here honestly protected against people that
don't have licenses, because if we don't have some type of -- and I've
looked over this kind of closely. Ifwe don't have some type of an
increase, we're going to lose probably another investigator. Now,
when you start losing investigators and you open the door and allow
unlicensed work to continue, you're going to open this place up until
everybody in the county is working without a license.
Now, how are you going to provide the service to protect you,
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September 17, 2009
that is a licensed contractor, that's trying to do the job right, and
everyone else?
MR. JERULLE: I'm confused. Either we're raising the fees to add
an inspector, or if we don't raise the fees, we're going to lose an
inspector?
MR. MULLEE: It's both.
MR. SCHMITT: For the record, Joe Schmitt. Let me make sure
you all understand the situation.
CHAIRMAN JOSLIN: One, one quick question. You need to be
sworn in, please, just so we can put it on record.
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRMAN JOSLIN: Thank you.
MR. SCHMITT: Let me address that issue, but I also want to talk
about state licensing as well, because that's another issue that we kind
of glossed over, and I want to make sure you understand what's going
on there.
Let me talk about the budget. Gary said, this is simply a matter of
raising sufficient revenue to provide the level of services demanded by
the industry. I'm not subsidized. The building department is --
functions entirely on fee revenue 100 percent. Other counties, some
other counties, your ad valorem tax dollars pay for certain portions of
the operation. Down here they do not.
Other counties, including Lee, the building is provided by the
taxpayers. This building was paid for by you all. You purchased this
building. You pay to operate it, you pay to maintain it. There were no
government impact fees that paid for this building. And I'll correct the
record. This building was planned for, I think, in '98 or '99, contracted
in 2001, and built in 2002. So it was even before my time.
The issue here is, it's a pretty simple fact of, I -- the revenue
needs to support the staff or the staff needs to -- will be cut
commensurate with the revenue that I receive, unless one of two
things happen. One, the board subsidizes or, two -- and there's been
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discussion about attempts to even look at contracting this service out
to a private provider or private contractor. And if that happens, it's
going to cost even more, because the contractor most likely will cost
more.
So when I look at both the zoning department, engineering, and
environmental review, which are the zoning funds, the 131 and this
113 fund, the fees have to pay for the staff. The staff has been reduced
110 percent. The staff has been reduced commensurate even beyond
what is -- was -- we should have more staff to support the workload
that we have, but I can only afford what I can meet based on the fees
that I receive.
And the choice will be -- there will be no choice. The choice will
be to reduce staff, and that will impact contractor licensing; it will
impact them hard. It will impact them hard. I would probably -- it will
be more than one investigator, and I don't -- that's not a threat. I mean,
that's just the reality.
One of the things the industry approached, I think when Tom
came in and we met, CBIA -- and we also met with the subcommittee,
the DSAC, there were concerns about providing support. Mike
provides a licensed investigator -- licensed investigator for the City of
Naples full time. They provide no money for that service. I have an
interlocal -- that's the piece I want to make sure you-all bring up. I
have an interlocal agreement with both the City of Marco Island and
the City of Naples. Now, the fees that you pay to register in Collier
County, we provide that service to both the City of Marco Island and
the City of Naples.
So Kyle, I'm not sure what you're paying for when you register
for the city. That's something you may have to go back and ask the
city what you're paying for, because we provide the service for both
the incorporated and unincorporated areas of Collier County, and that
service we provide through interlocal agreement.
Now, some people may say, well, we ought to go back to the city
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September 17,2009
to ask for the city to compensate for the services provided. The
interlocal agreement that was passed, Mike, what, probably ten years
ago, I think --
MR. OSSORIO: That's been updated since then, but--
MR. SCHMITT: Basically it was an agreement between the
Board of County Commissioners and the city council. We charge the
fees, the fees pay for the service, the service we provide would be
provided based on the fees we collect meaning that -- in the city as
well for contractors who do work in the city.
And I want to talk about state licensing a minute. We get
numerous state contractors who come over here, register, and we
provide letters of reciprocity to other counties because our fees are so
low. Mike can allude to that. He gets hundreds of those, $10. We'll get
many contractors coming over from the east coast, coming over here
registering, and then we send letters of reciprocity. Every letter I send
I lose money. Every letter.
MR. OSSORIO: That's right.
MR. SCHMITT: So it's just a matter of -- and you're right. And
what a time to come in and ask for a fee increase. When I had the
boom, I had the economies of scale, and at one time I was sitting on,
between both funds, probably $12 million in reserves.
And we paid off this building. We purposely bled that down.
We've been living off -- or not -- well, we bled that -- the reserves
down. We've been living on the reserves. But I'm at a point now where
I can't let the reserves go down any further because those reserves are
actually services for prepaid services. Those are reserves to pay for
inspections that are, frankly, associated with permits that have been
pulled that we have to -- we have to perform those inspections.
Meaning, in shut down tomorrow, I still have to have inspectors.
But the reality is, if I don't have the revenue, I can't meet payroll,
and in can't meet payroll, I have to reduce staff. It's that simple.
Unless the board chooses to subsidize through the general fund the
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operations in community development, and that's way above my pay
grade.
MR. WHITE: Mr. Chairman?
CHAIRMAN JOSLIN: Yes.
MR. WHITE: Mr. Schmitt, that may be well above your pay
grade and everyone that's in this room, but I think the fundamental
issue -- years going back, and use the verb subsidize. If you look at the
distinction between what was done relative to capital costs to fund
construction, modeling of the physical plant in Lee County versus
Collier County, I think it's clear that there was a difference of opinion
as to the utility and function that those reserves or other permit fees
were utilized for.
And part of the rationale, I think, that supports what I hear other
board members saying is that, but for those dollars having expended
for capital costs, we would not require or at this time need fee
changes.
MR. SCHMITT: No, that's not--
MR. WHITE: So it begs the question of whether, in fact, subsidy,
or whatever you want to call it, is something that more appropriately
should be looked to to provide the services that are needed.
CHAIRMAN JOSLIN: Mike?
MR. OSSORIO: I just wanted a quick comment on that because
it makes a good point. Weare in the licensing board, and you're
talking about building -- building permit fees. As long as I've been
here, if you look at our numbers, we haven't changed very much; $10
here, $2 for the reciprocity letter. We've been subsidized by the permit
fees.
Licensing has also been in the red, black and white. Also been in
the red. And, unfortunately, the building department cannot sustain
our operation anymore. And in our code, we've probably been in
violation of that under the fee schedule. The fee schedule says,
licensing and application fees should pay for itself. And Bob Dunn
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and his group has been subsidizing you and us for years.
I mean, I'm talking about, you know, the industry's going down,
you know, the economy's going down. Well, I can assure you this,
looking at our numbers: We are up in citations, we are up in our fees,
we're up in our -- just alone in our -- we are up in everything we do.
We collected and we mitigated $295,000 back to the consumers. You
can't put a price tag on that. You can't. State contractors, local
contractors, whatever. It is about time that the licensing department
really gets into gear and figure out this -- we are in violation of the
ordinance. Bob Dunn and his group has been subsidizing us for years.
That's why we're here today.
The permit fees, that's a fight that you and I, you know, can't look
at. It's nothing to do with us. Is it, are licensing fees where they need
to be to provide a service?
MR. SCHMITT: Well, let me add, Patrick --
MR. WHITE: I don't disagree. Let me just interject, in may, Mr.
Chairman.
CHAIRMAN JOSLIN: One at a time.
MR. WHITE: Thank you. I don't disagree with what Mr. Ossorio
has said. I think he's absolutely right on. My point is simply, if the
rationale that's going to be provided to us by the county has something
to do with the other uses of this fund, I'm challenging that.
CHAIRMAN JOSLIN: Right. Where's the money and how is it
being used is what you're saying.
MR. WHITE: What I'm not challenging is that if there's a need
and it's supposed to be self-supporting, then that's fine. But let's not
bring in some other inapplicable rationale that may have some merit as
to building fees, may have some merit as to planning and zoning fees.
That's not part of our discussion. So I just didn't want to get wrapped
around the axle with it.
MR. SCHMITT: Patrick, I mean, the issue was brought up about
workload, and we answered that. But Mike was spot on. I'm going to
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turn the microphone back over to Gary. The issue here is, the budget
was set up strictly for Mike as a separate cost center to raise the
revenue needed to provide the services he provides. And that's the way
the budget is prepared. That's way this FYIO budget was.
Mike needs to raise the revenue based on the services he
provides. He's been subsidized for years through building permit fees.
I can no longer do that. In fact, there are state statutes that clearly
define what building fees can pay for.
But this budget -- and these fees are based solely on the money
Mike needs to provide the services he provides to include an
additional investigator.
Gary?
MR. MULLEE: Yeah. Let me go ahead and -- specifically to
your specific point, Patrick.
Two levels. First of all, kind of a theoretical and, second, what
actually Mike is providing along those lines and what costs are
specifically in this proposal.
Theoretically, you know, in terms of the past and the decisions
for capital expenditures and all that, that's water under the bridge. The
building's here and the costs are here.
Now, what is being allocated, for example, for this building
today? Within the budget there's a detailed rent structure. So 113 went
ahead and built this building, built the addition and built that. But 113,
the building department fund, does not subsidize the total cost of the
building and the operation. Every occupant of this building, no matter
what fund they are in, are allocated the costs. We call it a rent
structure. We charge them, but it's part of the -- actually, the primary
-- the primary fund bearing costs inside this building is Fund 111,
because the way the organization has shrunk, we actually have more
Fund 111 employees in the organization than any other employees,
code enforcement, comprehensive planning.
And so their portion of the building is charged up. And this
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allocation is based purely on the physical space that each section takes
up. We take a look at the physical space, we allocate the total costs of
the building across that.
So when Mike has to pick up part of the -- that -- on a permanent
basis, that cost is up because it's a fixed cost. And it's up -- so it's up
on a permanent basis. So when Mike in the Contractor Licensing
Board picks up -- contractor licensing organization picks up part of
that allocation, it's based purely on the space that Mike is taking, just
like you guys have to pay rent. It's not -- it really isn't any different.
Should the -- should we have gone on this long capital project of, you
know, building the buildings and all? It really doesn't matter. They're
here.
So, Mike -- Fund 113 is not picking up a disproportionate amount
of the allocations of these costs. These costs are allocated everywhere
across the organization.
CHAIRMAN JOSLIN: So each department has its own little, so
to speak, rent in order to keep this building happening?
MR. MULLEE: Each -- yes. Each section right down to -- we
were happy to get tourism. Tourism has joined the building over on
this side. We actually twisted an arm to get tourism. They're paying
rent. Everyone who's coming in the door is paying rent.
CHAIRMAN JOSLIN: Mr. Jerulle?
MR. JERULLE: Yeah. Going back to my point. And like I stated
earlier, I believe in the licensing board and I believe in Mike Ossorio
and his department, and they do a great jobs, you're going to raise the
fees. Are you going to hire someone right away?
MR. MULLEE: We will hire someone upon passage of this fee.
MR. JERULLE: And therefore my question or -- I don't want to
say problem, because I'm just asking the question.
If it were me in my business, that would be me spending money
before I made it. And my point is is that -- how many licensed
contractors do you have currently?
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MR. OSSORIO: Which one, state or registered?
MR. JERULLE: Registered.
MR. OSSORIO: Locally, contractors, I would say we have
between 4- and 5,000 at any given time.
MR. JERULLE: And are you losing contractors because of the
economy?
MR. OSSORIO: I looked at -- I did look at the numbers and --
from last year and the year before. Weare -- revenue has stayed
exactly the same, but we have lost, I would say, this year we've lost a
lot of contractors, because we're doing our renewals right now in
September. We have lost a couple, but I anticipate they're waiting for
their renewals to be suspended, and they're going to come in in
January.
So I anticipate that we're going to be, you know, where we are
for this year in the next year. I don't anticipate a downturn. In other
words, everyone wants a license.
You've got to understand something, that you layoff 15
contractors, you layoff 15 employees, ten employees, and they've
been in the construction business, what are they going to do? They're
going to try to get a license. And that takes time and effort.
Our licensing applications are up. Our applications of new
licenses are up. I think we're down on the renewal side, yes, but I think
we're going to capture that probably in January.
Our citations are up. And no matter how many times I say we're
up, up, up, every single number, licensing has always been in the red.
And this is investigator --
MR. JERULLE: My concern is, is that I know a lot of the
subcontractors who are barely hanging on, and this increase, they just
may say, I'm not going to register anymore.
MR. OSSORIO: Two things. One, when you -- you're going from
100 to, I think, 40 whatever it is, I think that's pretty minimal. I don't
like to go ahead and base my cost center and base what I do here on
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other counties. But you can assure you, we are very competitive with
the other counties.
MR. JERULLE: Oh, I'm not questioning that at all.
MR. OSSORIO: The thing you have to understand is, these
contractors here are to pay -- competing against Miami-Dade
contractors. So how would you like to pay a license contractor here for
ten years and then a license contractor from Miami comes over, takes
our exam, passes it, and conducts business in Collier because maybe
Collier County's the last of the counties that are actually doing
business.
Because we're busy. We have to be busy. We've issues over 750
citations this year, which is more than last year and twice as much as
the year before that. So it's not fair.
I mean, there's not a day goes by that I don't get a specialty
contractor who tells me, Mike, I'm losing, I'm barely hanging on;
however, I'm getting underbid. I need help to get out there, to check
workers' comp., to check liability, to make sure we're on an even
playing field.
MR. JERULLE: We're not helping them by --
MR. OSSORIO: We're not helping them--
MR. JERULLE: -- being underbid by increasing the fees.
MR. OSSORIO: Okay.
MR. JERULLE: I just think that the overall costs -- excuse me. I
think your overall amount of subcontractors are not going to be there
next year, but that's my caution.
MR. OSSORIO: I respectfully disagree.
MR. WHITE: Can I follow up on that rationale, Mr. Chairman?
CHAIRMAN JOSLIN: Sure, go ahead.
MR. WHITE: And I apologize, gentlemen. I don't make my
living in the same fashion you do as a contractor, but I do operate
essentially in a larger economic environment where we interface with
you all the time.
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I have a slightly different view of what Terry's saying, and that
is, what is going to happen to all those people who may elect to not
follow the law --
CHAIRMAN DICKSON: Exactly.
MR. WHITE: -- based upon what these fees may be? I think the
problem is one that says, all the more, is there a reason to have a full
staff for the purposes of investigating those claims?
The question to me comes down to, how do you best level the
playing field in the economic hardship that is currently ongoing for all
of the people who want to play by the rules? To me, it may sound like
the argument of more government versus less. But in this instance, it
really seems to be that, without the cops, who are you favoring
operating out there in the market?
CHAIRMAN JOSLIN: Right.
MR. WHITE: The people who want to operate legitimately, or
the people who want to cut costs in an attempt to, quote, underbid? If
you don't have the cops out there to help protect and keep the playing
field level, I suspect that we're going to create an environment where
there's more disadvantage or more economic incentive for someone to
not follow the rules.
CHAIRMAN JOSLIN: I agree.
MR. WHITE: That's what my fear is.
CHAIRMAN JOSLIN: I agree with you totally. That would be
no more than if you have people in the street without the cops. If you
take down all the speed limit signs, are they all going to go 50? I
doubt it. If you take out the license factors and you take out the
investigators, are they all going to still go out and work for a licensed
contractor? They're going to go work anyway.
MR. WHITE: I think there's a certain percentage of --
CHAIRMAN JOSLIN: We need to have this done.
MR. WHITE: -- contractors and people who believe that in a
reasonable society, you follow the rules that are common-sense based.
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September 17, 2009
It really comes down to, is this a common-sense based number?
Whether it's one that people can economically afford and continue to
operate on is a legitimate question, but it has to exist within the
context of that larger issue. So that's the point of view I'm taking from
it.
CHAIRMAN JOSLIN: On the calculations that you've done, or
the calculations that were finished out that we've got before us here,
was this basically the lowest level of increase that we can -- that we
can live with in order for this to happen?
MR. MULLEE: Yeah, I think -- I really think so. I really believe
that what it does is it covers the actual costs that are this year's costs of
this section. It doesn't budget in any vehicle replacement, it doesn't
budget in for this immediate section. It doesn't budget in capital
replacements. It's a very tight thing.
There's approximately -- we went ahead and took a look at the
entire activity level that was going on this year. We projected out
these fees in terms of revenue. I would categorize it that I've got
probably $70,000 -- came out -- the projection came out about
$70,000 above the immediate cost of this section, which is what we
figure is sufficient to go ahead and fund another investigator.
CHAIRMAN JOSLIN: Okay. Let's -- let's see now. Tom, let me
hear from Tom for a minute.
MR. L YKOS: When we were in our subcommittee meeting, I
think it was last week -- is that right? I don't remember the date.
MR. SCHMITT: It was two weeks ago.
MR. L YKOS: Two weeks ago. One of the issues I brought up,
which I think Joe addressed and it might come to play in all the
comments that have been made so far, the primary concern I had -- let
me take a step back. I want to preface my comments with, Gary, I
think you've done a great job on the math. If you've listened to the
comments so far, they tend to be about the philosophy of what we're
trying to accomplish and not about the math, and I know that we've
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dug into the math during the subcommittee meeting. I think you've
done a great job addressing our questions and breaking everything
down for us.
Nobody's really had a math question, and I think it's because
you've done a great job in your presentation, so I want to thank you
for your efforts. You've done a great job.
MR. MULLEE: Appreciate that.
MR. L YKOS: The primary concern I had was that we know that
licensing performs services outside of documenting contractors, which
is what Kyle's concern was. There's a tremendous amount of time
investment in contact and in investigations. And if you look at the
hours and the way they were calculated by the contractor that did
these calculations, the majority of the hours, probably close to 100
percent, are allocated just to contractor licensing and the services that
Mike's department provides.
If we were to go through the citations -- and you're issuing 60,
70, 80, 90 citations a month, you have, in remember right,
somewhere about eight times that number of contacts. If you were to
look at the actual allocation of your man-hours towards the services
you provide, I would bet that a majority of your time is spent in
following up on contacts and those citations, which has got nothing to
do with new licenses or renewal licenses regardless of the type of
license that it is; however, all the costs are allocated directly to
licensing.
Joe, we brought this issue up at the subcommittee. About half of
your investigations are done with -- and I hate this term unlicensed
contractors, because if they're not licensed, they're not contractors, but
it's just the term that's recognized by our industry.
So half of your hours are dedicated to investigating unlicensed
contractors which are not directly related to the fees that licensed
contractors pay, which means that those services are provided to the
general public.
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Now, Mike, you made a comment at our last meeting that, well,
that's done in support of the licensed contractors. And I'll give you a
little bit on that one. But the point that I want to make is, those are
services that directly benefit the general public, like code enforcement,
and code enforcement is paid for by the general fund.
So if we did -- I'm sorry.
CHAIRMAN JOSLIN: Take a small-- want to take a small
break? Are you ready?
THE VIDEOGRAPHER: Yes.
CHAIRMAN JOSLIN: Okay. If you'll hold your comments for
just a minute, we'll take a five-minute recess so he can just change the
tape in the camera.
(A brief recess was had.)
CHAIRMAN JOSLIN: Open the floor back up. Thank you.
MR. L YKOS: Yep, thank you.
So a good portion of what Mike's department does is a direct
benefit to the general public; however, there is no funding from the
general fund for those services. So all of the expenses for Mike's
department come from the revenue generated by citations and license
fees.
I think if we were to break down the man-hours spent in Mike's
department, we would find that more than half of the time is spent on
investigation contacts and then the subsequent legitimate
investigations, which means that more than half of the revenue for that
department should come from the general fund.
That being said, we know it's not going to happen. If our
licensing board wants to go down to a BCC meeting or if we want to
send a resolution to the BCC and let them -- and do the math on the
time that Mike's staff spends on the non-licensing activities and then
go down to the Board of County Commissioners and show them that
they should be subsidizing Mike's department so that all of the
revenue does not come from licensing, we could probably reduce the
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fees for licensing.
If we did a real calculation based on the cost of providing that
service and then collected an appropriate revenue, the costs would
probably be less for licensing than what they are currently, let alone
adding to them.
The problem is, we are not going to get the Board of County
Commissioners to approve subsidizing of the 113 for specifically
contractor licensing from the general fund. It is absolutely not going to
have happen.
So we could have philosophical questions for the rest of the day
today, at our next meeting and our next meeting and our next meeting.
It comes down to whether or not we want to fund the efforts of the
licensing board for why we're here, which is to protect licensed
contractors and to find and discipline unlicensed activities and
contractors that operate without permits and without proper
msurances.
I don't know that without doing a lot more math to find the true
costs of providing the service that's being funded by the license fees
and then going to the Board of County Commissioners for a subsidy
for this department that we're going to solve this issue today without
additional funding from the general fund.
MR. MULLEE: Yeah. Can I -- just very briefly on this topic.
You know, this is an issue, or kind of a philosophical issue which has
confronted many sections of the organization. It's not just this one.
Clearly we're on the planning and zoning side. What they do that's fee
related and what they do that's really general in nature is a significant
issue and a significant question.
Unfortunately, you kind of hit the nail on the head in that it is a
philosophical question that we -- within the context of how we have to
fund the organization right now and how we have to meet payroll, you
know, I can't do anything about it. I have to go ahead and meet costs
based on the revenue structure that's in place.
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Certainly, as part of this proposal, I'd certainly be happy to put it
on the record, that we would be happy to cooperate with any kind of
effort to identify things that are a legitimate general fund in nature.
We'd be happy to assist you, and if you wish to, go ahead and take that
to the board.
And if you so -- I think you have almost no chance, but if the
board wishes to go ahead and subsidize certain parts of the operation,
I'll take it penny for penny off these fees. I don't -- I don't have a
problem with that at all.
But the reality of the immediate situation is that I've got to fund
this organization, I've got a fiscal year coming up, I'm out of money,
and I need to do something fairly immediately.
MR. OSSORIO: I've just got one comment real quick.
CHAIRMAN JOSLIN: Okay.
MR. OSSORIO: We've collected over $200,000 this year in
citations. We've got a budget for this upcoming year of -- I think it's
going to be around 800,000,850-, so we're looking at one-fourth.
Issuing the citations from our office is one of the easiest things to do.
What's not easy is investigating licensed contractors under
misconduct. That takes time and effort.
I'm not saying that we're working smarter, but we are double
duty. I have Karen Clements who does the citations, who does the
territory, that does licensing board. I have -- and the office personnel.
So collecting $200,000 in the citation is easy. Doing the investigation
on misconduct under the ordinance is difficult, and I'll leave it at that.
CHAIRMAN JOSLIN: Mr. Boyd, you had a question?
MR. BOYD: Yeah. I can sympathize with, this is not the time to
be raising fees, but I think these are all in line with what everybody
else is charging. I mean, we're going to go up for registering a state
contractor, which I am, to $45, correct?
MR. OSSORIO: That's our intention.
MR. BOYD: And that's two years.
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September 17, 2009
MR. OSSORIO: Every two years.
MR. BOYD: In Lee County, City of Fort Myers, I pay $25 a
year. So it's not out of line. Yeah, maybe this isn't the time to raise it.
But, Terry, isn't it cheaper for somebody to pay the fee than to get a
citation of 300 to $500? And if we fund another investigator, we've
got the chance to catch these people, and the word gets around that,
hey, you need to -- you need to register your license.
I'm totally for this. I mean, I see no other way. We can talk about,
you know, raising fees is going to destroy this, going to destroy that.
We have to raise the fees. But I don't see a whole lot changing here
until five commissioners do something about the impact fees. That's
my personal opinion.
MR. OSSORIO: Mr. Boyd, you're absolutely right.
CHAIRMAN JOSLIN: That's a whole 'nother badge now. Let's
not put any other hats on right now, okay?
MR. OSSORIO: I just wanted to say one thing, then I'll probably
be done because I always talk too much.
If you are a legitimate contractor, no matter if you are on the
teetering thing, you know, going under or if you actually filed for
chapter -- you know, bankruptcy, paying an extra $40 a year to go
ahead and get to another person to protect your interest as a licensed
company is cheap. And if you go out of business because the county's
going to charge you $40 a year extra, well, then you shouldn't be in
business, I'm sorry to say.
Other than that --
MR. BOYD: Oh, I agree with you totally, Mike. Just -- the fees
are not out of line cost-wise.
CHAIRMAN JOSLIN: A new person at the podium one time. I'd
like to hear some comments.
Mr. Dunn, be sworn in, please, and let's hear your comments.
MR. DUNN: Yes. For the record, Bob Dunn, building director.
(The speaker was duly sworn and indicated in the affirmative.)
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MR. DUNN: Hi. I'm just -- I just want to bring you up to date.
I've been meeting with HR. I've been working on reorganizing
contractor licensing. I don't know if you realize it, but Mike, when his
investigator is out, he has to go out in the field all day, you know, and
I don't have a supervisor. And we're trying to fix that.
We want to bring a new person in. We want to keep him in the
office all day, so if somebody's not in Naples, we don't have to have
him go out to Naples all day.
And in reorganizing this department, we want to, you know, put
somebody underneath him that can be a lead, that can supervise, can
go out there and lead these investigations and work with him in
learning his skills. I mean, he's -- he does a great job, but we also need
to make sure that we have somebody when he's out on vacation that
can step up and -- to take over managing his department. Currently I
do it, and I don't know that much about contractor licensing.
But he does a great job. We depend on him, his organization is
servicing the county. I don't know how they do it. Two thousand
square miles, you know, four investigators. I mean, they do a great job
and, you know, we're looking for your support in raising the fees so
we can do a better job.
CHAIRMAN JOSLIN: I have one quick question for you. I think
at the DSAC meeting we had, didn't the funds that we're going to
increase, they're also going to allow the licensing to go back to a
five-day workweek?
MR. DUNN: That's correct. We're going back October 2nd.
CHAIRMAN JOSLIN: So we're not going to lose that Friday
anymore, so --
MR. DUNN: No, we want to go back to work.
CHAIRMAN JOSLIN: Okay.
MR. DUNN: I need to get -- currently right now they're coming
in on Fridays. He has his administrative staff coming in, and they're
keeping up with the licensing. We need to get those checks posted, we
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need to get everybody's license updated, so his administrative staff is
working on Fridays.
CHAIRMAN JOSLIN: I got you.
MR. DUNN: And he's doing filing on Fridays.
CHAIRMAN JOSLIN: Okay.
MR. DUNN: Thank you.
MR. OSSORIO: Just one comment on that, relating to the
processing for licensing of state contractors. We have over 150
certificates for insurances from state contractors, so we have to enter
into the system so they can pull a building permit. That's what we're
doing now for the state certified --
CHAIRMAN JOSLIN: Mr. White, you have one other question?
MR. WHITE: Just -- I appreciate Mr. Dunn's comments, and I
don't disagree necessarily with any aspect of it. But I just wanted to
kind of drill back down on some of that math-versus-philosophy
discussion as to the differences in the amounts of change as
percentages and get some explanation on the record why some things
changes not at all, others of them changed 120 percent, but on
average, most of them are right around 50 to 60 percent increase.
In could just get some explanation, Gary, as to what explains
that range of variation, I think that might help with a greater comfort
level.
MR. MULLEE: Yeah. The way the -- when we went through the
fee study, when the vendor went through the fee study, it wasn't -- you
know, there's basically two ways of doing this. And one of the ways is
to go ahead and take a macro, you know, kind of broad-level look at
your costs, a broad-level look at your revenue and just go ahead and
make an adjustment.
And then when you take that approach, you get a very consistent
number, you get a very consistent, you know, 40 percent across the
board kind of thing. And in fact, probably we'll have an overall macro
level across the whole fund, that's probably what we're looking at in
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September 17, 2009
terms of the fee increase, that's probably 40, 45 percent.
That wasn't done in this particular case because the vendor went
ahead and looked at each individual activity associated with the fee
increase. And so he -- doing a time study, he came up with individual
hours that each activity took. And so what you have is a little bit of a
mix in terms of the adjustment amount, because he found some
activities took longer than the -- what was really associated with the
fees.
And we see this across all the fee studies that there will be some
on the planning side, and there are some fees which are projected to
go up 7- and 800 percent, and there's some fees which will actually go
down.
And so that's -- because we're really trying to -- we've decided in
this process a couple things. One, we've decided to really try to
associate the fee with the immediate cost to providing that individual
activity.
Oftentimes in the past -- I've got to be completely honest, and I'm
doing it on the record, I guess -- that in the past here a certain number
of our fees within our fee structures, there was a political -- or I say
political, but it's kind of an internal political consideration for the fee.
That we -- that a lot of the fee studies in the past in the organization
have been on a, kind of, more macro level, and people have raised --
an individual concern that we heard here today is, you know, I can't
charge somebody that much money for this particular activity because
I'm going to lose the revenue, they're not going to come in the door.
And we've heard this before with fence permits; we've heard it from
various things.
So an internal political decision was made, well, let's don't raise
that fee, or let's not raise that fee that much. We'll just lower that fee.
And what happens when you do that is, you still have the overall
macro cost structure in place. Somebody else has got to make up for it.
So if we don't raise the fee here, somebody else has got to pay
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more for it than what their actual costs are for the individual thing
they're coming in the door for to make up for it.
And so as we go through this particular fee schedule, we've
decided, hey, let's really make an effort, if we're going to raise any fee,
that it has a time-tracking basis for it and that we're really kind of
charging for the immediate costs of providing that individual service.
It's only the -- I mean, we really feel it's only the fair thing to do.
And that's why some of these small fees I put back to zero because
there wasn't that kind of time -- I mean, I put back to the original level
because there wasn't that kind of time-tracking basis for it. But the net
result is that some fees will increase more than others on a percentage
basis.
MR. WHITE: Thank you.
CHAIRMAN JOSLIN: This packet that we have in front of us
shows a bunch of fees, costs, and adjustments, and then I see one page
here where apparently it looks like contractor fee proposal. Should we
approve this factor of raising these fees, I can see where -- I'm just
taking -- I'm taking just a couple here in general, but one of them was
certificates of competency annual. You've got a current cost, I
suppose, we're paying now, what the people are paying now for this
particular service, then you've got an August 19th initial
recommendation?
MR. MULLEE: Yeah, that was the initial draft that was sent
forward.
CHAIRMAN JOSLIN: And then you have a draft from DSAC,
and then you have a draft from contractor licensing.
MR. MULLEE: Right. And so it's the last -- the last line.
CHAIRMAN JOSLIN: The last line is the one that we're looking
at, correct?
MR. MULLEE: Yes, yes.
CHAIRMAN JOSLIN: Okay. So in some senses of the word,
having been at that DSAC meeting, I think we've made some kind of
Page 40
16 J 1 fh
September 17,2009
an average between what was current and what DSAC thought and
now what actually is going to come out when the contractor licensing
board makes its decision.
MR. MUDD: Yeah. I think we really wanted to give
consideration into the input that we received.
CHAIRMAN JOSLIN: Okay. Just making sure that the fees that
are on here are some of the DSAC costs --
MR. JERULLE: So we're going to be voting upon the one that
says updated September 15th?
MR. MULLEE: Uh-huh.
CHAIRMAN JOSLIN : Yes.
MR. OSSORIO: If you look -- if you look on the contractor
licensing fee proposal, I think it's halfway back.
CHAIRMAN JOSLIN: Right.
MR. OSSORIO: It says current, August 19th, September 9th, and
then September 17th, which is today, and these are the fees that we are
proposing today, September 17 CLB.
CHAIRMAN JOSLIN: Mr. Lykos?
MR. L YKOS: Terry, you expressed the biggest concern about
raising the fees under the current circumstances, and I wanted to just,
in general, address our efforts from the DSAC subcommittee before
this meeting.
We went through the direct costs and the allocations or overhead
costs that become part of these fees and objected strongly to the
records and addressing costs associated with this, which represented, I
think, between 11 and 12 percent of the total costs, and got that
removed.
MR. JERULLE: Good job, good job.
MR. L YKOS: Completely removed. So we did go through -- and
I don't want you to think that what we did was scientific or that we all
got our calculators out. But the point is, we went through the line
items. They appeared to be appropriate without spending several days
Page 41
16 11th
September 17,2009
in Gary's office and going over the supporting documentation.
But the amounts that were -- that were calculated for the labor
costs, direct costs, and then the allocations -- the description of the
costs seemed appropriate, the dollar amount seemed appropriate.
When there was a number that seemed inappropriate, we
challenged it. Gary was either able to explain it or, in the case of
addressing and the records, removed it from the calculation.
So I want to say that when we spent time looking at the numbers
specifically, they seemed to be reasonable. I'm not saying that I'm
endorsing the math so much as I am saying that we did look at them
individually, and they seemed reasonable.
So -- the ones that didn't seem reasonable, we addressed. And I'm
comfortable, based on the work that we did two weeks ago, that the
numbers that you see now are reasonable based on the information
that Gary provided us.
MR. JERULLE: Yeah. I think you did a good job, and I don't
have any problem with the amount so much, that we're charging it, as
I'm concerned with the amount of revenue that we're going to
generate, because I think some people are going to drop out.
And I just want to make sure that my point is clear. Like I said
several times today, I believe in the board, I believe in Mike, and I'd
liked to have another investigator out there. But I'm just concerned
that by raising the fee so much, that some people are not going to
participate in the program, so to speak.
MR. MULLEE: And I can give you my reassurance that we will
monitor that and look at -- there really is kind of a -- I guess you
categorize it as elasticity of the fee issue involved. So we will go
ahead and monitor that over the next several months.
MR. L YKOS: I want to make a motion--
CHAIRMAN JOSLIN: Okay.
MR. L YKOS: -- that we endorse the contractor fee licensing
schedule proposed in our packet today.s
Page 42
16 1 1 ~S
September 17, 2009
CHAIRMAN JOSLIN: I second the motion.
MR. WHITE: More specifically on the motion and second, Mr.
Chairman, as to the resolution itself that I think would be the vehicle
for the motion, if approved, I would like to make a suggestion as to
adding some text at the end of the Page 2, if you want to look at the
resolution itself.
It does not specifically incorporate or reference what the motion
maker and the second have said in a specific way. And I'd like to put
on the record, if it's acceptable to the motion maker and the second,
that what we would incorporate by reference would be Pages 8 and 9
of the handout table that's labeled, updated September 15,2009,
entitled the Collier County contractor's licensing, and specifically
we're looking at, on Pages 8 and 9, the column entitled recommended
fees that says proposed in the right-hand column.
I know that's probably more specificity than Mr. Neale would
care for, but I want to make sure that our resolution, if we pass it,
hopefully with this motion, is one that actually brings forward the
specifics of the recommendation.
CHAIRMAN JOSLIN: You're talking about the contractor
licensing fees proposed that are proposed now as of this September
15th draft (sic)?
MR. WHITE: Correct. On Pages 8 and 9 --
MR. L YKOS: 8 and 9.
MR. WHITE: -- in the right-hand column where it says proposal.
It's 8 and 9 because the page that follows, in fact, is a summary of the
fees as recommended and as they exist across a period of time. Pages
8 and 9, very specifically, are what I think the resolution simply puts
in front of the Board of County Commissioners as the proposed fees
so that they can look at those.
I'm assuming the backup that the board will have for
consideration may look at that next page so they can compare. But the
actually resolution, I believe, if it's agreeable to the motion maker and
Page 43
16 I 1 i\6
September 17, 2009
second, ought reference just those two pages as exhibits.
MR. L YKOS: Does that sound right administratively?
MR. NEALE: Yep.
MR. L YKOS: Then I accept that amendment to my motion. I'm
not going to restate it though. What he said.
CHAIRMAN JOSLIN: I'll accept the second, and I'm not going
to restate it either. Hopefully the court reporter's got it all down.
MR. L YKOS: That's fine.
MR. NEALE: That's fine.
CHAIRMAN JOSLIN: I have a motion and a second to approve
the resolution as we amended the motion. I'm not going to say those
again. So I'm going to put this to a vote.
All in favor of the motion to increase the fees as stated, signify
by saying aye.
MR. BOYD: Aye.
MR. L YKOS: Aye.
CHAIRMAN JOSLIN: Aye.
MR. HORN: Aye.
MR. JERULLE: Aye.
MR. WHITE: Aye.
CHAIRMAN JOSLIN: Are there any opposed?
MR. LANTZ: Aye.
CHAIRMAN JOSLIN: Motion carries, 6-1, in favor. Motion
carrIes.
MR. MULLEE: Thank you, gentlemen. I appreciate it.
CHAIRMAN JOSLIN: You're welcome. Thank you for all your
work and your energy and your time that's gone into this, and also Mr.
Dunn, Mr. Schmidt, being here at the meeting. That's very nice. And
hopefully you've explained everything in detail and we're going to go
on and we're going to have a really good county here.
MR. MULLEE: I thank you.
MR. OSSORIO: Mr. Chairman, for the record, are you going to
Page 44
16 j 1 -P6
September 17,2009
sign the resolution sometime today?
CHAIRMAN JOSLIN: Yes, I will.
MR. NEALE: I'll get you an updated resolution within -- as soon
as I get back to the office.
CHAIRMAN JOSLIN: Okay.
MR. L YKOS: Well, based on our motion, we have to get the
correct wording of the motion --
CHAIRMAN JOSLIN: Right.
MR. L YKOS: In all this mess, I've lost my copy of it.
CHAIRMAN JOSLIN: It's on a piece of paper.
Anything else on the agenda as far as what's -- we have left on
the agenda?
No. We're done.
No new business, no old business?
MR. OSSORIO: Mr. Chairman, you want to send the resolution
to Bob Dunn when you're done.
CHAIRMAN JOSLIN: Immediately, yes. Let's hand deliver it so
we can get it there and get it before the commissioners so we can get
this underway.
MR. WHITE: Just to mention that our next meeting is October
21 st.
CHAIRMAN JOSLIN: Yes. We haven't gotten that far yet.
No public hearings today? No reports? We've done them all?
Next meeting is October 21st in the Harmon Turner building
agam.
And other than that, I need another motion.
MR. WHITE: Motion to adjourn.
MR. L YKOS: Second, Lykos.
CHAIRMAN JOSLIN: Motion and second.
All in favor, signify by saying aye.
MR. BOYD: Aye.
MR. LANTZ: Aye.
Page 45
16 I 1 j\f)
September 17, 2009
MR. LYKOS: Aye.
CHAIRMAN JOSLIN: Aye.
MR. HORN: Aye.
MR. JERULLE: Aye.
MR. WHITE: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries. Have a good weekend,
gentlemen.
******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 10:21 a.ill.
~RACTOR LICENSING BOARD
~ ,fp(4-
'RICHARD JOSLIN, Chairman
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 46
161
1~
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ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
October 14, 2009
Aaenda
I. Call to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes - September 9,2009
V. Transportation Services Report
A. Budget - Caroline Soto
B. Project Manager Report - Darryl Richard, Chris Tillmanl Malcolm
Pirnie
VI. Old Business
A. Drainage Structure between MSTU and downstream Golden
Gate Structure - AMIL Gate
B. November meeting date
VII. New Business
VIII. Public Comments
IX. Adjournment
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AA
ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
. (.iI>''.'-''
September 9, 2009
Minutes
I. Call to order
Meeting was called to order at 10:47 a.m. by George Fogg.
A quorum was established.
II. Attendance
Members: Harold Bergdoll, William Seabury, George Fogg, Robert Jones
(Excused), Virginia Donovan (Excused)
County: Tessie Sillery-Operations Coordinator, Darryl Richard-Project
Manager, Caroline Soto-Budget Analyst, Pam Lulich-Manager Landscape
Operations
Other: Chris Tilman-Malcolm Pirnie, Darlene Lafferty-Mancan
III. Approval of Agenda
Correction: Agenda date should read "September 9, 2009"
Next meeting date should read "October 14, 2009"
William Seabury moved to approve the agenda as amended. Second
by Harold Bergdoll. Motion carried unanimously 3-0.
IV. Approval of Minutes - August 19,2009
Change: V. B., Pg 3, Second bullet, should read - Changed sequence on
project to do the wall "first, including clearing vegetation" along
Woodshire
V. B. Pg 4, second bullet should read - southern end of
Woodshire Lane "and Gordon River. "
VI. A., Pg 4, should read - RWA will provide a draft outlining the
"Easement Swvey scope. "
V. B., Pg 3, motion was intended to read - sidewalk "base data" survey in
lieu of sidewalk design survey
William Seabury moved to approve the August 19,2009 minutes as
amended. Second by Harold Bergdoll. Motion carried unanimously
3-0. Mile. Corres:
It was noted the next meeting date should read September @,~ml in the
August 19, 2009 minutes.
Item #
,....-)
16\
1 t\~
V. Transportation Services
A. Budget Report - Caroline Soto reviewed the following:
o Anticipated Revenue Structure was $257,500.00
>>Actual received $393,142.98
o FY09 remaining Operating Expense Commitments $9,654.71
o Available Improvements General $1,673,359.06
o Remaining open P.O. $501,087.71
After much discussion it was concluded a surplus of $1.5 -2M will be
available for future projects at Project completion.
B. Project Manager Report - Darryl Richard I Chris Tilman - Malcolm
Pirnie - Darryl Richard reviewed FY10 Aquagenix Maintenance quote
of $5,400.00. He noted the primary maintenance scope is for exotics
spraying. (See attached)
After discussions on Maintenance Scope it was determined:
>> Inspection and Debris removal of Pump System Inlet will be
removed from the Maintenance Scope
>> The pump located N. side of Forest Lakes Blvd is powered down
- the concrete structure will remain as the pump wet well is
attached
- the power panel will be removed by FPL
Harold Bergdoll moved to approve Aquagenix maintenance bid
for Woodshire ditch and Forest Lakes Blvd. not to exceed
$6,500.00. Second by William Seabury. Motion carried
unanimously 3-0.
Darryl Richard reported the NTP-Basin Planning Gordon River Project
was issued (See attached)
Forest Lakes Master Project List was reviewed:
~ Proiect IF-45) Rearade Swale Nos. 1-6 & 12-17
>> Earthtech negotiations are underway to finalize cost for
change order as work is complete
~ Proiect IF-53) Quail Run Lake Shoreline Restoration and
Stabilization- Purchasing Department is processing work order
~ Proiect IF-55) Forest Lakes Blvd Improvements from Quail Forest
Blvd. to Woodshire Lane
>> Drainage swale
- New concrete outfall installed (plume poured)
- Sod installation-pending
George Fogg expressed concern of utilizing sod between the lower
drainage inlet and conflict box. He recommended using concrete.
Chris Tilman will determine the best fill material between the inlet
and conflict box.
2
161
1 k~
It was also reported a 3 ft section of sidewalk is missing and the
property manager does not want a sidewalk reinstalled (section
connecting two parking lots.)
After much discussion it was suggested to restore the sidewalk or
obtain a written waiver from the property manager to remove the
remaining sidewalk and install sod.
~ Project (F-62) Maintenance Dredging of Lake 8
>> Purchasing requested a Scope break down of separate line
items to simplify bidding
Discussions ensued on the composition of a Maintenance Contract.
The following was noted on potential MSTU areas of responsibility and
easement acquisitions:
o ROW mowing in areas not associated with residence or golf
course
o Possible Tree maintenance
o Any segment of ROW currently not maintained
o Critical drainage paths
o Portion of Forest Lakes entry currently maintained by HOA
VI. Old Business
Drainage Structure between MSTU and Downstream Golden Gate
Structure - AMIL Gate - Chris Tilman reported an exemption is
required by SFWMD to allow restoration to existing cross sections.
Additionally Gordon River historical documentation will be submitted
with the exemption.
VII. New Business - None
VIII. Public Comments - None
IX. There being no further business to come before the Committee, the
meeting was adjourned by the Vice-Chair at 12:06 P.M.
Forest Lakes Roadway and Drainage
MSTU Advisory Committee
G...... gg. v~
These minutes aRP)"oved by the Committee on {O - JLt . L'l1
as presented 2">. or amended .
3
Noxt rn(;r:tlnq ~s Octob(}r"14 200Q a1 '1 n 00 a rr;
CC Transport'::lri011 Btli!diJ19
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ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
Fiala
Halas
Henning
Coyle
Coletta
/
SUMMARY OF MINUTES & MOTIONS
,''.1\\';'
September 9, 2009
III. Approval of Agenda
Correction: Agenda date should read "September 9, 2009"
Next meeting date should read "October 14, 2009"
William Seabury moved to approve the agenda as amended. Second
by Harold Bergdoll. Motion carried unanimously 3-0.
IV. Approval of Minutes - August 19,2009
Change: V. B., Pg 3, Second bullet, should read: Changed sequence on
project to do the wall ''first, including clearing vegetation" along
Woodshire
V. B., Pg 3, motion was intended to read: sidewalk "base data"
survey in lieu of sidewalk design survey.
V. B. Pg 4, second bullet should read: southern end of
Woodshire Lane "and Gordon River."
VI. A, Pg 4, should read: RWA will provide a draft outlining the
"Easement Survey scope."
William Seabury moved to approve the August 19, 2009 minutes as
amended. Second by Harold Bergdoll. Motion carried unanimously
3-0.
V. Transportation Services
B. Project Manager Report - Darryl Richard I Chris Tilman - Malcolm
Pirnie - Darryl Richard reviewed FY10 Aquagenix Maintenance quote
of $5,400.00. He noted the primary maintenance scope is for exotics
spraying. (See attached)
Harold Bergdoll moved to approve Aquagenix maintenance bid
for Woodshire ditch and Forest Lakes Blvd. not to exceed
$6,500.00. Second by William Seabury. Motion carried
unanimously 3-0.
-
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Woodshire Ditch Maintenance and Debris Removal/Exotic Vegetation Removal
This Proposal dated 10/01/2009 is for:
Forest Lakes MSTU
C/O Board of County Commissioners
P.O, Box 413016
Naples, Florida 34101
Phone: 239-774-8192 Fax: 239-213-5899
Attn: Darryl Richard
Aquagenix will provide the following Management Services at Forest Lakes MSTU:
Maintenance Includes:
Spraying and Debris Removal at Woodshire Ditch.
Inspection and Debris Removal of Pump System Inlet.
Inspection and Debris Removal of Drain Inlet.
This Proposal is effective October 2009 through September 2010.
Total Cost: $5,400,00
Monthly Cost: $350.00 per Month in Dry Months (November 2009, December 2009,
January 2010, February 2010, March 2010 and April 2010)
$550,00 per Month in Wet Months (May 2010, June 2010, July 2010
August 2010, September 2010 and October 2010)
6260 Metro prant~llon Road. Fori Myers, FL 33965
1239) 561-1420 - Fax: 12391561,2883
~""_...,,,,"., " . ",1,-,..1.."" .:,' [)""nq"I,_, IJ'",~"" ",
1
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Coter County
-'-
- - -
T ransoortation Services Division
Stormwater Management Section
161
-~
September 3, 2009
Chris Tilman
Malcolm Pirnie. Inc.
23444 Network Place
Naples. FL 34104
Subject:
Notice To Proceed
Basin Planning Gordon River Project
Purchase Order No. 4500109811
Collier County Project No. 51005
Dear Mr. Tilman:
This letter serves as Collier County's official NOTICE TO PROCEED /NTP) to your firm to commence with
the Project Management Oversight Services for the Basin Planning Gordon River Project. This NTP is
issued pursuant to the terms of the Proposal Agreement between Collier County. Florida and Malcolm
Pirnie. Inc.
This NTP is limited to the scope of work designated in your proposal dated July 23. 2009 for the amount of
$28.350.00. The effective start date of the project is September 7. 2009, Work shall be completed by
Januarv 7.2010 (one hundred and twentv (120) calendar davs).
Please include the purchase order number on each invoice to speed up the payment process.
If you have any questions, please contact me at (239) 252.5857,
Sincerely,
/l.: '1-"..7 (I &.J~<1
Margar~t A. Bishop. P.E. i
Senior Project Manager
Attachments:
cc:
Purchase Order No. 4500109811
Rhonda Cummings, Purchasing Department w/o enclosures
Caroline Soto, Transportation/Administration Department
John Vliet, Road Maintenance
Jerry Kurtz. Stormwater Management Section
~
"~J
TranSOOriatioi; SerVICes DIVi90f', . 2885 Sni!:!': H(lrsp.sh,~'e Dr.ve . Naples F IDr:r.3 :)4 FJe: . ~'Jfi )5;;.2:' Si . FAX 2:j9.252-L72E.
_ 01 County eorm.;-.
~ Depertmenl
3301 T_ Trait E
NopIoo. _ 34112
T.. Exempt 85-801262183OC-2
(i)
Send .lIlnvDlc:n 10:
_ of Counly Cclmo.dwIu._.
AIIn: _ P8yabIe
PO Box 413016
N_ _ 34101-3016
-~___on"_
-. po ....... o/llppklg_ond 1_:
Tenns 01 Payment
No! 30 Doys
c.""""Y
usa
Vendor' 1M3Z7
Purchase order
1'0_ 4500109811 -08101/2009
MALCOLM PlRIIE tNC
2_~PL
CHICAGO IL 10113-1234
Cclr*d:~ lJIto,ji H IRd MaIn
PI_ deliver to:
STORMWATER MANAGEMENT
2885 S. HORSESHOE DR.
NAPlES FL 34104
DoIh<wry ~ -
161
1 A:U
Boord of County Comni.......
f'un:l.w,g Depor1men1
3301 T_ TF8ll E
Naples, _ 34112
Tax ~ 85-80126218300-2
o
Send elllnvolc:n 10:
Baerd of County CorI"r~ ....
Ann: Accounlo ~
PO Box 413016
N_. florida 34101-3016
.......- Ol'dor...... __ on 011_
-. . ..4w1C11, .hlpplng PIII*S IIIId Invotc.:
Vendor' lN327
Purchase order
""- 4500109811 -0910112009
MALCOLM PIRNIE 'Me
23444~PL
CHICAGO L 1IlII73-1234
~PMon SL.............JRdMaln
Please deIiYer to:
STORMWATER MANAGEMENT
2885 So HORSESHOE DR.
NAPlES Fl 34104
0eIivwy Dole: _
Torms of p"yn.rt
Not 30 Days
CIJ""""Y
use
TOIII... Y8Iuo..... lax USD
21._ DO I
-
00010
-
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~Qly l/IO/I
26.3~ __
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1.00
-- I
26.350.00
PROJECT MANAaEMENT & OVERSIGHT SERVICES
_ onIer agono _ 4800001049 -. 00010
W.O.ror Plojott MoI__'_' OvortlghI_ror... _ PIln10lg __Plojott
32!>-1~1001l.1
VENDOR Tenns end Conditions
The VENDOR _10 COf11!lIy _ .. """"- Onler T...... end CondIIono as _ on tile Coller County P\ln:h8Bing _.:
hllpt_,_.~7tl2(__OII2212OO6).Im:I-.g~end_""'. F..-....VENDOR_Io:
,. _ _ end __lnlt1lo I'un:t..- Onl.._ tIle...-. _ detMorymothod...
spoc;iIIc:oli<Jl__.
2. Naafy .....~._ .lll.lIT IIIDtaIy If order ~ cemot occur.. spec:lhd,
3. _"_10:
Boord 01 County Commiaionen;
Ann: Accounlo ~
PO Box 413016
"-. florida 34101-3016
The """"- Order is _ ..- dI_ of CoIIIw County Boord of County c:..nmIssIoners by.
GoilL Stophon Y. CamoII. _ Servioa I Purchasing 01.......
~T_..01_14:34:61011T.oMIO
3ao172lMQV M'11CG.1
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(-/o/4'iq93
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WORK ORDER # ifS-oo!()fyl/
Under Contract # 05-3657
Agreement for Project Management Oversight Services
This Work Order is for Project Management Oversight Services for Collier
County, (Contract # 05-3657) for work known as Project Assistance Basin Planning
Gordon River Proiect No. 51005.
The work is specified in the proposal dated July 23, 2009. which is attached hereto
and made a part of this Work Order. In accordance with the Terms and Conditions
of the Agreement referenced above, Work Order # .uJ)Jl(.,Q.2_~.1..L___ is assigned
to Malcolm Pirnie, Inc.
Scooe of Work:
Task I. Project Management
Task 2. Easement Preparation Activities
Task 3. Meetings
This scope includes easement acqulsll10n assistance. This Work Order is to assist the
County's efforts to acquire drainage easements for the areas of the Gordon River Extension not
previously dedicated by plat, easement, or other legal instrument. More detail and explanation can
be found in the anached proposal.
Schedule of Work: Complete all work as directed within one hundred and twentv
(120\ calendar davs of receipt of the "Notice to Proceed" which will contain a
Collier County purchase order number.
Compensation: In accordance with Article Five of the Agreement, the County will
compensate the Firm in accordance with the lump sum amount provided below.
Task
I.
2.
3.
Tvpe
Lump Sum
Lump Sum
Lump Sum
Cost
$ 2,800
$ 18,350
$ 7,200
Not-to-exceed TOTAL
$28,350
Any change within monetary authority of this Work Order made subsequent to final
department approval will be considered an additional service and charged according
to Schedule "A" of the Agreement.
1
lW
PREPARED BY: Ji.JJ I}.. fJ~ ~
Margaret Bishop, . ., Senior Project Manager
Stormwater Management Section
REVIEWED BY:.l]J I)//, ~
Jerry Kurtz, P.E" Prln ]ple Project Manager
Storm water Management Section
REVIEWED BY:
o Vliet, Director
oad Maintenance Department
APPROVED BY:
Nor an Feder, Administrator
Tr' sportation Services DiViSio~
~I!''':r il. ~ ~.~..-re
Type or Print Name and Title
161
8/25/0.1
Dale (
8(25' /09
,
Dale
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/ Dlte
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Dale
g- Z'S- d'1
Date
1 A'~
16l
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lIRNIt:
Malcolm Pirnie, Inc
4315 Metro Pkwy, S",lte 520
Fort Mvers, FL33916
Phone (239J 33;2,-1300
Fax (239)332-1789
WWW.plrnle.com
lNDUr;Nor;NT I!:NVIROHIl4l!:NT,lL
EHlINEI:RS, SCIENTISTS AND
CONS\H.TANTJ
July 23,2009
Mrs. Margaret Bishop, P.E.
Senior Project Manager
Collier County Stormwater Management Department
2885 Horseshoe Drive South
Naples, Florida 34104
Re: Gordon River Extension Basin
Easement Acquisition Assistance
Cear Mrs. Bishop:
Malcolm Pirnie is pleased to provide the Collier County Stormwater Management Department (County)
this scope of work for Easement Acquisition Assistance. The purpose of this project is to assist the
County's efforts to acquire drainage easements for the areas of the Gordon River Extension not prevIously
dedicated by plat, easement, or other legal instrument. This scope assumes that all easements will be
granted voluntarily by the property owners. Any activities associated with easement acquisition through
other methods (i.e. condemnation, prescription, etc.) will be Additional Services. Based on the
information currently available, we anticipate the County will need to acquire approximately five (5)
separate drainage easements.
SCOPE OF SERVICES
The services for this project include the following tasks:
TASK 050 - Prolect ManaRement
This task includes the work effort required for project planning, administration, and coordination. Specific
activities Included in this task include the following:
. Managing and coordinating project activities and field personnel to control costs and maintain the
project schedule.
. Maintaining project files and data systems.
. Preparing monthly invoices.
. Providing internal quality control.
. Internal and external project. related communications.
w.;m~
161
, 1 \I ( or ,\\
I'II/:--'Il
Mrs. Margaret Bishop, P.E.
Gordon River Extension Basin
Easement Acquisition Assistance
July 23, 2009
page 2 of 3
TASK 100 Easement PreDaration Activities
.
Reviewing available CDunty documentation and field verify the location!s) and size!s) of easement
areas needed by the County for drainage and routine maintenance activities.
Coordinating with County staff regarding the standard easement agreement that will be used during
the project. Malcolm Pirnie will use the standard easement agreement provided by the County, and
will assist the County in drafting language to address the specific easement terms and conditions that
are negotiated with the property owners.
Attending up to fifteen (15) meetings with County staff and property owners to negotiate easement
terms and conditions.
Coordinating with surveyor(s) contracted by the County to obtain proper iegal descriptions and
sketches of the easement areas.
Caordinating with County staff to obtain reports necessary for the easement documents (i.e.
Ownership and Encumbrance reports, etc.). The County will be responsible for paying ail fees
associated with such reports.
.
.
.
.
TASK 200 MeetinKs
. Preparing for and attending up to four (41 meetings as requested by the County to review the project
status.
. Preparing for and attending up to two (2) meetings with the Army Corps of Engineers to review
maintenance and permitting issues.
Deliverables
Malcolm Pirnie will assemble and deliver to the County three (3) original easement packages for each
easement successfully negotiated, up to fifteen (15) packages total. Each easement package will include
the following:
. A County standard easement agreementj with additional negotiated terms and conditions as
approved by the County.
. A legal description and sketch (provided by the County, signed and sealed by a Florlda-ilcensed
Protessionalland Surveyor).
. Copies of other County-provided documentation (i.e. Ownership and Encumbrance reports, etc.)
specific to each easement that was generated during the project.
ADDITIONAL SERVICES
in addition to performing the work identified in this scope, Malcolm Pirnie will perform Additional
Services as requested by the County. The need for such services may arIse trom the completion of the
l~w
161
'1\1(01\'
i'IW"ll
Mrs. Margaret Bishop. P.E.
Gordon River Extension Basin
Easement Acquisition Assistance
July 23, 2009
Page3of3
tasks identified above and cannot be fully defined at this time. However, it may be determined at some
future date that these additional services are necessary to thoroughly complete or implement the Work.
Examples of Additional Services may include technical evaluations, preparation of reports, or other
activities deemed necessary by the County. It should be noted that the fees for these services have not
been included in this scope, Such tasks and their level of effort, associated budgets and schedules will be
described in detail in work authorizations to be issued at the time such tasks are requested by the County_
SCHEDULE
Malcolm Pirnie anticipates providing the professional services outlined above for a period of up to one
hundred and twenty (120) calendar days after receipt of Notice to Proceed, budget permitting.
COMPENSATION
Malcolm Plrnie will provide this scope of services under the terms and conditions of Contract 05-3657
Agreement for Project Management and Oversight Services for a lump sum fee of $28,350. The estimated
fees for each task are as follows:
r j (NlJmhr r T l',k N,lPW [. tin, ltL'd I I.k ~f'r>
050
100
200
$2,800
$18,350
$7.200
$28,350
Project Management
Easement Preparation Activities
Meetings
TOTAL LUMP.SUM FEE
The project budget is based on the scope of work as provided and is subJect to cost adjustment resulting
from any change in the scope or schedule of work. Malcolm Pirnie appreciates this opportunity to
provide this requested scope of services, and will enjoy working with the County on this important
project. If you have any questions regarding this scope or need any additional information, please feel
free to contact Christopher Tilman, P.E. or me at (239) 332-1300.
Sincerely,
MALCOLM PIRNIE. INC.
~+J,~~
Robert H. French, P.E.
Senior Associate
1
A~
2885 Horseshoe Drive
Naples, FL 34104
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes- June 9, 2009
V. Transportation Maintenance Report - Hannula
VI. Landscape Architects Report - McGee & Associates
A. Landscape Update
VII. Transportation Operations Report
A. Budget - Caroline Soto
B. Project Manager Report - Darryl Richard
VIII. Old Business
A. Trash Cans
IX. New Business
X. Public Comments
XI. Adjournment
161
Mise. ~:
Date: l~ 0 l
Item #: \ to T[ 1
Copies to
1 Fr\
2885 Horseshoe Drive
Naples, FL 34104
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes- August 11, 2009
V. Transportation Maintenance Report - Hannula
VI. Landscape Architects Report - McGee & Associates
A. Landscape Update
VII. Transportation Operations Report
A. Budget - Caroline Soto
B. Project Manager Report - Darryl Richard
VIII. Old Business
A. Committee Member Term Expirations
IX. New Business
X. Public Comments
XL Adjournment
161
1
n
161
1
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RECEiVED
OCl 2? 2009
Fiall!l
~ala!l
~@f\f1ing
{}@ljle
~~\~tta
1.;1)(-1'" '\1(1.\ '~.(lll.,m'SS!Ol1tf(~
2885 Horseshoe Drive
Naples, FL 34104
MINUTES
r. Call to order
The meeting was called to order at 4:00 p.m. by Chairman Richard Sims.
A quorum was established.
II. Attendance
Members: Peggy Harris, Barbara Segura, Richard Sims, Pat Spencer, Michael
McElroy
County: Darryl Richard - MSTU Project Manager, Rhonda Cummings -
Purchasing Contract Specialist, Stevc Camel - Purchasing Director, Caroline
Solo - Management Budgct Analyst
Others: Sue Flynn - Mancan, Michael McGee - McGee & Associates, James
Stephens .- I lannula; Andrcw Eisele and John Ribes - JRL Design; Mary
Hclriglc - Public
III. Approval of Agenda
Add: Vll C BVOfiJr Landscape Architect Services
VI. B. ('hange Order
Richard Sims moved to approve the agenda as amended, Second by Pat
Spencer. Motion carried unanimously 4-0.
IV. Approval of Minutes - June 9, 2009
Richard Sims moved to approve the minutes as submitted.
Spencer. Motion carried unanimously 4-0.
Second by Pat
,vlisc. CoIres:
V. Transportation Maintenance Report - Hannula Date:
Item#:
::Jpies to:
161
1
^1
James Stephens, Maintenance Manager reported the following:
. Plate-line issues are scheduled for next week.
. Fertilizer and Mulch applications are scheduled.
. Hannula will be applying a 50% slow release fertilizer which will
not create any additional algae in Canal.
Barbara Segura arrived al -1:07 pm
VI. Landscape Architects Report
A. Landscape Update - Mike McGee reported
o The monthly review has been completed,
o Plant beds arc missing plants near the ROWs at Tropicana and
Sunshine.
o Proposals on missing plants will be requested.
o Lights damaged on Sunshine and Tropicana
Darryl Richard stated he did a drive by with Jim Stephens, Bob Peterson
and Pamela Lulich to review site lines for trimming back shrubs for traffic
safety purposes, The County has made plans to trim trees on the Parkway
and 951, The cost will be paid out of Fund 111,
B. Change Order
Darryl Richard distributed and reviewed a Change Order proposal for
additional Construction Plan Design Detail received from McGee &
Associates relating to Coronado Parkway and Hunter Boulevard Median
modilications in the amount 01'$12,150. (See attached)
Mike McGee stated the proposal was for additional services for landscape
architect, engineering & surveying. The previous proposal did not include a
Base Plan Development and a Roadway Survey.
Discussion ensued on pitching the roads and costs and it was determined
McGee & Associates will pay the sub-contractors.
Pat Spencer moved to accept the McGee & A.~.mciates proposal for both
roads (Coronado Parkway and Hunter Boulevard.) Second by Mike
McElroy. Motion carried unanimously 5-0.
VII. Transportation Operations Report
A. Budget - Caroline So to distributed and reviewed the Budget Report. (See
attached)
{- A vailablc Investment Interest - $33,786,55
{- Available Operating Expense - $58,087.93
{- ^ vailable Improvements General - $1,185,999,00
{- Purchase Orders to be Paid - $151.897.64
{- Purchase Orders Paid - $146.155.43
2
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B. Project Manager Report -Addressed a/iey VII. C.
C. BVO for Architectural Maintenance Services - Steve Carnel,
Purchasing Dircctor addressed Committee conccrns on thc BVO "Best
Valuc Offer" Process as follows:
. A lettcr was receivcd from Mike McGee raising concerns on
the process.
. Barbara Segura wrote a lettcr regarding thc BVO Process.
. Ronda Cummings, Purchasing Contract Specialist broke down
each category
Relatcd Experience to Architectural Maintenancc - 10
points
. Experience and Expertisc of Designatcd Project Staff - 30
points,
Documentation in Previous Performance on Similar Jobs-
30 points,
Ability to Meet Required Schedule -- 10 points
Price - 20 points
. The Purchasing Department did not vote
. The Selection Panel is made up of 3 Collier County employees,
Barbara Segura cxpressed concern over the ranking given to the 5
categories and suggested experience be a bigger factor with a highcr point
value. She stated Mike McGee has been working in their area for 20
years, is dedicated with expcrience in the Golden Gate MSTU and
would be more cost effective for thc tax payers because of his historical
knowledgc.
Ricbard Sims stated 'Tor the Rccord" the Committee was happy with the
service they were receiving from Mike McGee and only went through the
BVa Process to pacify the Purchasing Department.
The Committee prcviously voted to follow the recommendations of the
Staff and in October the Committee agreed to the process. The Advisory
Committee chose not to be on the Selection Panel.
Barbara Segura volunteered to be on future BVO Selection Panels.
Discussion ensucd on whether the Committec wanted to rcverse
their decision to go with the Bva Proecss and it was dctermincd they
voted for the BVa Process, will honor the proccss for Landscape
Architectural Scrvices for the MSTU Contract and will have
representation on the Selection Panel in thc future,
B. Project Manager Report
Darryl Richard distributed quotes submitted for 3-Signs for the Golden
Gatc MSTU Projcct. (See attachcd)
3
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Discussion took place on the condition and replacement of the current
signs. The Committee requested Staff to provide quotes for only one
aluminum sign without installation.
Darryl Richard distributed the Golden Gate Beautification MSTU
Transportation Enhancement Application for Coronado Parkway and
Hunter Boulevard Landscape and Irrigation Project prepared by Staff to
apply jjJr Grant Funds. (See attached) Staffreeommended the Advisory
Committee and interested citizens attend one or all three of the scheduled
meetings held by MPO. T AC and CAe. Staff suggested Committee
Members place their name on a speaker f(lrm and express interests in their
proj eel.
VIII. Old Business
A. Trash Cans - None
IX. New Business - None
X. Public Comments
Mary Helrigle commented on how much better Golden Gate looks then
when she arrived in Naples in 1984, She wants to give back to the
Community and become actively involved with the MSTU.
Mike McGee stated he was in disagreement with County Procedures and his
intentions are to take the disagreement one-step further.
There being no further business for the good of the County, the meeting was
adjourned at 5:40 P.M.
Golden Gate MSTU Advisory
Committee
~z
Ricliard Sims, Cha an
These minutes approved by the Committee on
as presented or amended
The next meeting is scheduled for October 13, 2009
4:00 PM
At Golden Gate Community Center
Naples, Fl
4
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SAMPLE APPLICATION FOR TRANSPORTATION
ENHANCEMENT PROJECTS
Project Title: Golden Gate MSTU Beautification Committee - Hunter and Coronado landscaoe and
Irriaation Proiects
Project Sponsor (municipal, county, state, or federal agency, or tribal council):
COLLIER COUNTY. FLORIDA
Contact Richard Sims
Committee
Title Chairman. Golden Gate MSTU Advisorv
Address 5391 19th Place S. Naoles. Florida 34116
Phone 239-455-7062 (H)/597-8986(O)
FAX (239)5978986 (F)
Priority (relative to other applications submitted by the Project Sponsor).
Name of Applicant (If other than Project Sponsor):
1. Qualifying Enhancement Activities:
Check the enhancement activity that the proposed project will address. (NOTE: Checking all activitl..
possible does not ensure or increase eligibility. Each activity checked must meet all criteria listed for
that activity in Appendix A of FOOT Procedure #525-030-300, Transportation Enhancement Projects).
-X-
Provision of facilities for pedestrians and bicycles
The provision of safety and educational activities for pedestrian and bicyclists
Acquisition of scenic easements and scenic or historic sites
Scenic or historic highway prOgrams, (including the provision of tourist and welcome center
facilities)
Landscaping and other scenic beautification
Historic preservation
Rehabilitation of historic transportation buildings, structures or facilities (including historic railroad
facilities and canals)
Preservation of abandoned railway corridors (including the conversion and use thereof for
pedestrian or bicycle trails)
Control and removal of outdoor advertising
Archaeological planning and research
Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-
caused wildlife mortality while maintaining habitat connectivity
Establishment of transportation museums
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Page 2 of e
2. Project Description:
Use additional sheets as necessary to respond to the following:
(a) What type of work is being proposed? (Check all that apply)
Planning Activities
Project Development and Environmental Studies
Engineering and Final Plans Preparation Work
Right of Way Acquisition
X Construction
Construction Engineering and Inspection Activities
(b) Describe how the proposed project is related to the intermodal transportation system by either
function, proximity or impact. (One or more may apply).
Coronado Parkway is a .90 mile roadway running east and west within a 106 foot wide road right-of-
way easement. There are 2 lane bridges over the Coronado Canal at the western end of the roadway
between 54'" Terr. SW and 55'" St. SW. The road is an uncurbed divided four lane roadway. The
posed speed limit is 30 mph. The road is a County collector roadway. There is a signalized
intersection at Golden Gate Parkway. There are 5 foot wide asphalt and or concrete pedestrian
sidewalks along the south right-of-way. There are 5 foot wide designated off-road bike pathways that
are shared with pedestrians. The proposed project is related to the intermodal transportation system
by function and proximity.
Hunter Blvd. is a .90 mile roadway running northeast and southwest within a 106 foot wide road right-
of-way easement. The road is a mostly uncurbed divided four lane roadway, The posted speed limit
is 25 mph. This roadway is a minor County collector roadway. There exist a 5 foot wide pedestrian
sidewalk along the east and north sides of the roadway. For the two lane roadway in-road striped
bike paths are along both sides of the roadway, The proposed project is related to the intermodal
transportation system by function and proximity.
(c) Where is the project located (and what is the project length and termini, if appropriate)? Include
location map. Coronado Parkway (,90 mile roadway) and Hunter Blvd. (.90 mile roadway) total 1.8
miles in length. The roadways are located within the Golden Gate MSTU boundary. (See Attachment)
(d) Summarize any special characteristics of project. Provide typical section drawings for appropriate
projects. Both Coronado Parkway and Hunter are .90 miles in length, mostly uncurbed medians with
the exception of turnlanes. The roadway signage consists of metal traffic and road identification signs
mounted on 4"x4" wood posts,
Page 3 of .
16 I 1 k1
CORONADO PARKWAY
EXISTING TYPICAL
CROSS SECTION
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Page 4 of 8
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HUNTER BOULEVARD
-,
___ '__._..~. .__ 'W~____.__...
(e)
Describe the project's existing right of way ownerships. This description shall identify when the
right of way was acquired and how ownership is documented (i.e. plats, deeds, prescriptions,
certified surveys). The roadways are within Golden Gate City and are Collier County right-of-way.
Describe any proposed right of way acquisition, including expected matching fund source,
limitations on fund use or availability, and who will acquire and retain ownership of proposed right
of way. The installation of the landscape and irrigation project will be funded through the Golden
Gate MSTU. The installation will be maintained by the Golden Gate MSTU.
Describe any related project work phases that are already complete or currently underway. The
Golden Gate MSTU has successfully installed similar interior median landscape projects such as
Tropicana Blvd. and Sunshine Blvd. Larger arterial roadways have been installed by Collier
County and the Golden Gate MSTU and they include the Golden Gate Parkway ( Santa Barbara
to 951) and 951 Phases A and B
Other specific project information that should be considered. Coronado Parkway and Hunter
Boulevard are outlined in the Golden Gate MSTU Community Roadways Master Plan which is a
plan that was adopted by the Board of County Commissioners and adopted in the Land
Development Code. The existing conditions. design standards, and Committee master plan are
outlined in this document.
(f)
(g)
(h)
3. Project Implementation Information:
Attach documentation as exhibits to this application.
(a) Describe the proposed method of performing (i.e, contract or in-house) and administering (i.e.
local or state) each work phase of the project. If it is proposed that the project be administered by a
governmental entity other than the Department of Transportation, the agency must be certified to
administer Federal Aid projects in accordance with the department's Local Agency Program
Manual (topic no. 525-010-300). The Board of County Commissioners has adopted the Golden
Gate MSTU Community Roadways Master Plan. The document was prepared by McGee &
Associates. The project will be designed by a licensed landscape architect. These plans will be
approved by Collier County Transportation Departments and the Florida Department of
Transportation. After the design plans are approved by the Florida Department of Transportation,
(d)
(e)
161
1 ~1
Page 5 of 8
the plans will be bid through the Collier County Purchasing Department. The project will be
advertised following all federal laws and procedures. The project will be awarded through the
approval of FOOT and the Board of County Commissioners. The project installation will follow all
reporting procedures and EEP compliances, The federal guidelines will take precedence over local
procedures and be closely monitored through our grants coordinator.
(b)
Describe any public (and private. if applicable) support of the proposed project. (Examples
include: written endorsement. formal declaration, resolution, financial donations or other
appropriate means. The projects are described in the Community Roadways Beautification
Master Plan. The plan was approved by the Board of County Commissioners and adopted in the
LDC.
(c)
Describe the proposed ownership and maintenance responsibilities for the project when it is
completed. The Golden Gate MSTU will fund all maintenance activities, The Golden Gate MSTU
is managed by the Alternative Transportation Modes Department.
Describe source of matching funds and any restrictions on availability. The Golden Gate MSTU
has given Coronado Parkway and Hunter Blvd. priority within their Master Plan and is focusing on
internal roadways. The MSTU will have sufficient funding in 2012 to provide reimbursement for
the proiects,
Coronado Parkway & Hunter Boulevard
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The Golden Gate MSTU has selected plant material that is native and/or drought tolerant. This
palette will compliment the natural surroundings of the Golden Gate area and prove to be lower in
maintenance costs in the future.
Page 6 of 8
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Page 7 of 8
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4. Project Cost:
What is the total estimated cost of the work requested to be funded as an enhancement project through
this application?
Planning Activities.
Project Development and Environmental Studies.
Engineering and Final Plans Preparation Work.
Right of Way Acquisition.
Construction.
Construction Engineering and Inspection Activities.
Other. (Describe)
TOTAL:
How will the project be funded?
FOOT Enhancement Funds $600.000
+ Local$
FOOT Enhancement Funds 63
% + Local 37
$
$
$
$
$ 951.602.10
$
$
$ 951.603.10
351.602.10 = Total $951.602.10
% = 100%
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Page 8 of 8
CERTIFICATION OF PROJECT SPONSOR
I hereby certify that the proposed project herein described is supported by Collier County
(municipal, county, state or federal agency, or tribal council)
and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with
the Florida Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and
Acquisition Policies Act for any Right of Way actions required for the project, and (4) support other actions
necessary to fully implement the proposed project. I further certify that the estimated costs included herein are
reasonable and understand that significant increases in these costs could cause the project to be removed from
the Florida Department of Transportation work program.
This project will be administered using the department's Local Agency Program (check one) yes x no_
cIJ-.
Signature
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Michelle Arnold
Alternative Transportation Modes
Date August 3, 2009
POB PIlOT I1SB O1fLY
YBS 1110
Applicatica Complete
Project Eligible
Implementation Peasible _____
Include in Work Program _____
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GOLDEN GATE AREA CIVIC ASSOCIATION
Pam Lulich, ASLA
Transportation Division
2885 Horseshoe Drive South
Naples, Florida, 34104
8-1-09
Dear Mrs. Lulich
As president of the Golden gate Area Civic association I am able to speak for the
GGACA Board and the general membership in support of the Coronado and Hunter
improvement projects. GGACA members are seeking these improvements for many
reasons and to affect several positive outcomes.
As with previous similar projects; the local transportation staff and engineers have been
able to incorporate upgrades to our turn lanes to bring them up to current DOT standards,
They have addressed safety issues to control how storm water "puddles" on the roadway.
The curb designs have established clear expectations for motorists with regard to parking
areas and appropriate areas to cross the roadway. The designs have improved safety for
pedestrians, many of whom are our school children who walk to adjacent schools.
The beautification upgrades have inspired the property owners to partner in maintaining
an orderly and well maintained RO.W. and improve litter control and trash pick-up.
The Coronado I Hunter project also satisfies the requests of those who have expressed
interested in more efficient water use and maintenance requirements. Ibis project will
serve as an example to all of SW Florida by achieving beautification results without the
use of irrigated turf , eliminating all median mowing operations completely and making it
un-necessary to use any irrigation once plantings are established; sustained entirely by
the annual rainfall. The native and drought tolerant species used will serve as an example
of how roadway beautification can be efficient, ecologically friendly and sustainable.
Please call me if there is any way that the GGACA can assist further in our partnership.
Sincerely
Richard Sims
~
GGACA President
161
August 3, 2009
To whom it may concern:
I have been a resident of Golden Gate City for 5 years. Since my residency the town
has developed beautifully through the assistance of diligent volunteers and staff of the
Golden Gate Beautification Committee (Golden Gate MSTU).
This committee has developed median, sidewalk and roadway beautification where it
was greatly needed.
In order for our area to be complete there are two remaining roadway projects. Hunter
Boulevard and Coronado Parkway.
It would be greatly appreciated by all homeowners. and renters, in the area if we would
be granted additional funding.
~/~."'"
Very tr 'y yo rs,
~ /l '
Marg ret Harris ~ ';::::,
1
1\1
161
1 A1
From:
Sent:
To:
Cc:
Subject:
Patricia Spencer [gospencer@yahoo.com]
Saturday, August 01,20098:05 PM
RichardDarryl
Patricia Spencer
Beautification project for Coronado and Hunter in Golden Gate City
Dear Darryl,
Gordon and I have resided in Golden Gate City (GG City) for over 9 years and are active in this community.
GO City is only 4 square miles with more than 22,000 residents. Many are low income families walking and
biking to shop or go to schooL Both street and pedestrian traffic is heavy. Improvements of landscaping &
lighting provide traffic calming and safety for pedestrians.
As members of the Golden Gate Area Civic Association and the Municipal Services Taxing Unit, we worked on
projects to make this area a better place to live.
We recognize the importance of landscaping in neighborhoods. A project with improvements designed to be
water efficient, include low maintenance native Florida vegetation and improved lighting would be an asset to
GG City in so many ways.
We strongly support road beautification projects because we have observed first hand how landscaping
improves the value of properties and safety of the residents while making neighborhoods more desirable places
to live.
Sincerely,
Patricia & Gordon Spencer
5401 25th Place SW
Naples, FL 34116
1
1 j\'i
16r
From:
Sent:
To:
Subject:
Attachments:
Wm Arthur (wmenaples@yahoo.comJ
Saturday, August 01. 20097:25 PM
RichardDarryl
Landscaping Grant
-static-intheclouds_b.jpg
We neecl to landscaPli both Hunter and Coronado Pkwy. .~ ar$.Ih terrible ShalMllll thePr8ll$ltllnl\ need
to be Improve.;Hhe appearance does not help the lpoks. of the Golden Gille CommunitY.
The other Parl<way's We have are in great shape. This is dUe to the Civic 8SS\iCiations efforts.
1
161
1 ~l-
From:
Sent:
To:
SubJect:
MARCELLA HENRY [f1amarcella@yahoo.com] 1Ife,;ft4:Jl
Saturday, August 01, 2009 8:36 PM
RichardDarryl
Hunter and Coronodo Blvd beautification
Hello,
I am a resident of Golden Gate city, I reside at 1948 46th St.S.W.
I am in favor of the beautification of 80th Hunter Blvd and Coronodo Blvd.
My name is Marcella Henry, I moved here in 1983 and enjoy looking at the other projects for
the improvement of our city and would like to see more. Thank you, Marcella Henry
1
161
ItV'
From:
Sent:
To:
Subject:
MARCELLA HENRY [llamarcella@yahoo,com] m Cd''7-
Saturday, August 01, 2009 8:33 PM V
RichardDanyl
Hunter and Coronodo beautification
Hello,
My name is Mary Helrigle, I live at 1948 46th St. S.W. in golden gate.
I am in favor of the beautification of Hunter and Coronodo Blvd's.
I have lived here since 1980. I have seen the other projects and believe it helps all the residents to have a
beautiful city.
Thank you, Mary Helrigle
1
161
TP\
WIlliam H. Poteet, Jr.
6180 Star Grass Lane
Naples, FL 34116
August 2, 2009
RE: Support for Coronado/Hunter Blvd Projects
Dear Sirs:
This letter Is written in support of the proposed Coronado/Hunter Blvd Beautification projects. The
Golden Gate community has been working very hard over the past ten years to create a neighborhood
of responsible citizens with less crime and associated problems. Golden Gate is a bedroom community
generally made up of working class for our affluent neighbors to our west and south. During these
troubled economic times our community has been challenged. Too often our local Sheriff discusses the
broken window theory stating neighborhoods will deteriorate if problems associated with how the
neighborhood looks are not addressed. During the past two years our community has been under
attack with foreclosures and abandoned housing. Our community has created a number of housing
initiatives to assist with this crisis, but we need more help. Projects like Coronado/Hunter Blvd
Beautification will go a long way in combating external forces that are mostly out of our control.
These two arterial roadways are the gateway to other residential streets and courts. By improving the
roads, you also improve the adjacent residential areas that utilize Coronado and Hunter Blvds on a daily
basis. They are also the last two arterial streets in our community that are not improved. This will
complete a community project that has been in the works since the early 1990's. I strongly urge the
support of this important project whose impact will be of benefit for the entire community.
Sincerely,
'WiLLuzm
William H. Poteet, Jr.
161
1 k1
GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE
Pam Lulich, ASLA
Transportation Division
2885 Horseshoe Drive South
Naples, Florida, 34104
Dear Mrs. Lulich
As chairman of the Golden Gate Beautification Advisory Committee I would like to thank you and
the rest of the staff in providing help and guidance in reaching our communities goals. The planned
Coronado I Hunter improvements have been our primary focus since 2003 and remain our priority
agenda item. There are many people on your staff and among our community volunteers who have
put much time and effort into this cause.
At all of our monthly meetings, we allow for public comment and input. Each and every citizen who
has taken the opportunity to address our committee, since 2003, has done so with the Coronado I
Hunter project as their topic of concem or interest.
One such citizen, who approached the committee three years ago has followed through and
become a committee member and joined the effort to bring the Coronado I Hunter project to
fruition. Present and past committee members all hope to see their volunteer efforts payoff for the
community and are following progress closely.
Please be assured that all of your efforts and those of the transportation staff are greatly
appreciated by all past and present committee members, as well as all of our volunteers, partners
and stakeholders.
Sincerely
Rick Sims
~
Beautification Committee Chairman
161
Results of Request for Quote - 3 Signs for Golden Gate MSTU
(Quote Requested: 6-16-09; quotes received 6-26-09)
Vendor
Lykins Signtek
Varian Construction
SignCraft
Vendor
Lykins Signtek
Varian Construction
Sign Craft
Option #1 (match existing materials)
$10,500.00
$41,500.00
$15,910.00
Option #2 (upgraded material quality)
$14,100.00
$47,500,00
$13,960,00
1 A1
161
1
/\1
Da18: 5/11/2009
EstIme18 # : 31H
Created By:
Tony Lykins
239-777-&201
tonYOlyldns-signtek.com EstImate/Contract
Prepared By Lykins S1gntek, Inc. for : Collier County dept. of alternative
Address: 2885 HOI'MShe Dr. 5 Naples FL 34104
To: Tessie Sillery
From: Tony Lykins
Quote OptJons 1 . 2
Item DelIcrIptIon
1) OptJon 1. Remove and reinstall sign as same. Using 8'
x 5' X 1/2" sandblasted t:l8dar sign faClIl mounted to &"
x 6" wood post.
5935 Tllylor Rd.
Naplea FL. 34109
PHONE 239-777-
FAX 239-591-3940
Phone: 659-5775
Fax: 530-6219
For new " Welcome To GoIdO" GatIl" S1gnage
Quantity 0 Prlce
3 $3,500.00 $10,500.00
2) Option 2. Upgrade for ..me sign. Using 8' x 5' x 11/2"
routed high Density Unlthane sign faClIl with aluminum
substrate. All to be mounted on 6" x 6" aluminum
post same as current design. Aluminum structure and
post to be welded,. primed with zinc chromate and
flnished with a multi - part automotive urethane.
3
$4,700.00 $14,100.00
**NOTE : PrIce to Include removal of exI5tIng and conaete Installation of new.
Signs are custom produced to your specifications.
All orelai'll of $250.00 or la.. require pra-paymant unl... prior credit arrangementa are
I.accept the above proposall!lll1d agree to pay for said work promptly upon completion of same.
Authorized Signature:
Date:
Deposit Amount:
CHECK/CC #
Terms aDd CODditiou:
Prices OB tltis CODtrlct are valid for 30 days.
SO% deposit.. req1lired to eo..met lad tbe baJuee II due apoD completion
SipIDa orw. dOC1llllleJlt c.ndltuta. a lepl ud bIadi.. coatract betwee. parda DaJDed on this agreemeDt.
CutolHr is respolllible for Ialldlape ..eattles wt.... iutaU area or as reqaIred for penalttlq
Goods....d r<maiD III. property of oeIIer oatil paid I. fall.
C1IJtomer-qrees to prol'ide a.ec:au.ry baformatloa to obtaiD permit, elettrical ..pply to IiID or fIXture loeatiOD, aDdlor
provide eoIor aDd Ioao lJd'onu.tloa "lIere 1pCCiIed.
Cutomer Is responsible for ally cap rodI;, Ollie rock or lIIIforacea digglag coadhiou
1.5 % MODthIy Late Fee applied to aD put due Irtvolea
Warraades:
WorkmaDlbip: AD sic" or rmturtS labrieateclud iMtaIIed by L)'IdDl SigDteIt ad its aflUiates are warraated agaillst
delects ia ..terialaDd WOrluba81hip lor ODe year, parts aad 18bor.
Page lofl
16 l
1 p<1
CJtT County
~4,"--,,~__
Transportation Services Division
QUOTE SHEET - NEW GOLDEN GATE MSTU SIGNS
See attached drawings for details on Option #1 and #2
OPTION #1: TOTAL QUOTE- 3 SIGNS.=
$15.910.00
.Includes all cost associated with fully installed sign to match the appearance of
the existing signs.
(Provide description of materials and method of construction on separate sheet)
OPTION #2: TOTAL QUOTE- 3 SIGNS.:
$15.960.00
*Includes all cost associated with fully installed sign to match the appearance of
the existing signs.
(Provide description of materials and method of construction on separate sheet)
Quotes are to be emailed, mailed (us mail), or faxed to address listed below:
Quotes are due no 'ater than Frldav. June 26. 2009
Darryl Richard, RLA, MSTU Project Manager
Collier County
Department of Alternative Transportation Modes
2885 Horseshoe Drive South
Naples, Florida 34104
telephone: 239-252-5nS
Fax: 239-252-6219
Cell: 239-253-9083
Email: darrylrichard@colliergov.net
.___ t;' -__....__._
~
T___._-._Drioo......_3<104.~.FIoX15m.m6
161
1 ~1
SIGNCRAFT QUOTATION
3661 MERCANTILE AVE. NAPLES, FLORIDA 34104
CELL (239)293-0503 OFFICE (239) 643-1777 ext. 203 FAX (239) 643-2499
DATE:
TO:
COMPANY:
PHONE:
FROM:
SUBJECT:
June 25, 2009
Darryl Richard
Collier County Transpolfation Services Division
253-9083 Fax: 253-6219
Kara Crooks-Kaleta
Golden Gute MSTU Signs
We ure pleased to quote as follows:
Onon 1
(3) 5' x 8' Sandblasted Cedar Signs, 1.5" thick, wood-grain background
3 - 4" x4" Posts on ItCIch side of signs can be Aluminum or Pre..ure TrltClted Wood
Engineered and Installed with Foundotions
Collier County Permits and necenary Right of Way Permits
$15,910.00
Ootion 2
(3) 5' x 8' Sandblasted HDU Sign Foam Signs, 1.5" thick, wood-grain background
.090 aluminum backer panel for necessary support
3 - 4" x4" Posts on ItCIch side of signs can be Aluminum or Pressure Treated Wood
Engineered and Installed with Foundations
Collier County Permits and necenary Right of Way Permits
$13,960.00
Altern_ OatIon
(3) 5' x I' Synthetic Polystyrene Panel, 3" thick
Ugh! grit Stucco finish with Poly-Armor Hord Coot for impad resistance and durability
Rot, Tennlte and Water Resistant
3 . 4" x4" Posts on ItCIch side of signs can be Aluminum or Prenure Treated Wood
Engineered and Installed with Foundations
Collier County Pennlts and necessary Right of Way Permits
$13All.00
PLEASE NOTE THAT A 50% DEPOSIT IS REQUIRED AT TIME OF ORDER. BALANCE MUST BE
PAID WHEN INSTALLED.
CUSTOMERS SIGNATURE
PRINTED NAME
'Kara Croo~s
Kara Crooks
SAlES CONTRACT
THE A80W INSTALlATION 18 ftGURED ON SAND SOIL. OtGGING CONomONS -IF ROCKS OR OTHER OBSTACLES ME ENCOUNTERED, THERE WILL BE EXTRA CHARGES AS
DETERMINED BYTHE SELLER.
THIS ORDER IS NOT SUBJECT TO CANCELLAllOH. SINCE IT CALlS FOR MADE TO MEASURE GOODS. AlL AGREEMENTS ARE MADE SUBJECT TO STRIKES AND OTHER CAU8ES OF
DElAY OR INABIUTY TO PERFORM WHICH ARE BEYOND SELlERS CONTROL
IT 18 MI1TLIALlY UNDERSTOOO AND AGREED THAT TliE MERCHANDISE COVERED BYTHIS CONTRACT SHALl REMAIN THE PROPERTY OF n-tE SELLER UNTL fULLY PAID FOR, AND
THE PURCHASER HER_EBY SPECIFICALLY AGREES 'THAT IF, UPON DEMAND, SAID PURCHASER DOES NOT PAY BALANCE DUE ON THlS CONTRACT. THE SEUER A.T NlV TIME
THEREAFTER MAY ENTER SAID PREMISES AND REMOVE SAID MERCHANDISE, RETAtNING AS UQUIDAnDN DNMGES ALL MONIES PREV10USLY PAlO ON ACCOUNT.
IF AHY PAYMENT DUE SELLER as NOT MADE WITHIN TEN (10) DAYS OF ITS DUE DATE, PURCKMER WAIVES ALL RIGHTS TO GUARANTEES AND WARFWmE$. PURCHASER AGREES
THAT IN THE EVENT SElLER RETAINS AN AlTOANEYTO ENFORCE Nt'( OF nfE PROVISIONS Of THIS CONTRACT, INCWOING BUT NOT LIMITED TO PAYMENT THEREOF, HE SHALL BE
ENTlTtED TO RECOVER FROM PURCHMER ALl COSTS INCURRED, INClUDING BUT NOT LIMITED TO A REASONABLE ATTORNEYS FEE.
~-~------l1u- 1 ~ '\
~Cmmty
T 1'lIl1SpOltalk.. I ServIces Dl\tisicXi
QUOTE SHEET - NEW GOLDEN GATE MSTU SIGNS
See attached drawings for details on Option III and #2
OPTION #1: TOTAL QUOTE-3 SIGNS.= $ tt'/6lJI>-e..
.Includes all cost associated with fully Installed sign to matdl the appearance of
the existing signs.
(Provide description of materials and method of construction on separate sheet)
OPTION #2: TOTAL QUOTE- 3SIGHS.: $ If '2. til:IO .,:..
.'ncludes all cost associated with fully installed slln to match the appearance of
the existing signs.
(Provide description of materials and method of construction on separate sheet)
Quotes are to be emalled, mailed (us mail), or faxed to address listed below:
n....a.-. aN IhMt nD Iatar than Frfdw. JU118 H. ".,..
Darryl Richard, RIA, MSTU Proj8ct Mana...r
Collier County
Department of Altematlve Transportation Modes
2885 Horseshoe Drive South
Naples, Florida 34104
telephone: 239-252-SnS
Fax: 239-2S2-6219
Cell: 239-2S3-9083
Email: darrylrlchardcpcollierJov.net
... "" V-..OONIlIlUC'IIllI
._ 11111I A\II. N
...... PLl4ill
WI'- '
(i) ~l~_~
TIIIIlIIl*Ols..-KNIDI. _$Nh~DrM'''''''''''''~' J>>.a.ttII'fllXa.m.mI t,./2I{tJf
161
1 1\1
Fw committee chair request re Quote Results - 3 new signs for Golden Gate MSTU.txt
From: Kara - signcraft [signs2@signcraftofnaples.com]
sent: Monday, August 03, 2009 11:57 AM
To: RichardDarryl
subject: committee chair request: re Quote Results - 3 new signs for
Golden Gate MSTU
Attachments: signcraft Quote 3 new signs.pdf
Importance: High
Darryl,
Here are a few obstacles that we will run into:
- price we provided is a lumpsum price for 3 signs. Install is less for three signs
due to less trips.
Materials for install are less due to quanity. Price would have to be revised.
- These si~ns all require engineering, once engineering is recieved we then know how
structure 1S to be
fabricated and how sign and foundation is to be installed to meet code and
windspeeds. Re~ardless of
who installs slgncraft would still have to provide engineering, install brackets and
installation instructions so all signs look the same and meet code.
- All Three signs require layouts, permiting, and footing inspections before
install. we would have to
provide information on how footing should be done. We do not pull sign permits for
other companys
work because we are then liable if they do not pass inspections.
- We would have to charge to provide all above necessary info and services to
another company for
install.
If you have any further questions please do not hesitate to contact me.
Respecfully,
Kara crooks
Lead Sales Associate
signcraft of Naples
239.643.1777 ext 203
Fax 239.643.2499
Cell 239.293.0503
page 1
Quole No: RFQ # 072909
Project: Sigh Structure
Location: Golden Gate & Santa Barbara
County: Collier
Bid Leltlng :
Estimator: James T Coleman
Date: Wednesday, July 29, 2009
Procurement:
Construction Days:
Comments: TOTAL OF 7 COMMENTS BELOW
Contract
Item Description
715-1-12
715-2-11
Light
CCTO 2021
Labor
Labor
COMMENTS:
1.)
2.)
3.)
4,)
5.)
6.)
7.)
Conductor, Service No 8 to No 6
Conduit Underground (PVC Sch 40) (2")
Ground Mount Up Light for Sign
Photoelectric Control'Turn & Lock" 480 volt Intermatic LC4353
Technician
Crew Leader
~l~ JG~ 1
"tIO~ . ~<
&: LIGHTING
1\'1
P.O. Box 5142, Hudson, FL 34674
Ph: 727-819-2061 Fx: 727-857-4097
Unit Total
UM Qty. Price Amount
LF 900.00 $ 175 $ 1.57500
LF 100.00 $ 7.00 $ 700.00
EA 100 $ 400.00 $ 400.00
EA 100 $ 50.00 $ 5000
MH 4.00 $ 50.00 $ 200.00
MH 4.00 $ 45.00 $ 180.00
GRAND TOTAL: $
3,105.00
ABOVE QUOTE AS PER PLANS AND SPECIFICATIONS.
FPL IMPACT FEES. PERMIT FEES, PERMITTING AND SURVEYING NOT INCLUDED.
IF AWARDED. SSL REQUEST TO ATTEND THE PRECONSTRUCTlON MEETING.
ABOVE QUOTE IS VALID FOR 30 CID
ANY BOND REQUIREMENTS WILL BE THE RESPONSIBILITY OF THE PRIME CONTRACTOR I OWNER
PLEASE CALL JAMES COLEMAN AT 727-919-5508 WITH ANY QUESTIONS.
UNDERGROUND & CONDUCTOR WIRE QUANTITIES ARE ESTIMATES ACTUAlS MAY VARY.
Naples BranCh
3884 Prospect Ave. Naples, FL 34104
Phone: 239-331.8438
Fax: 239-331k8439
11td;a & /ld44Ciata
161
1
1\1
Landsoape Arohi teoture
Org. April 14, 2009. Rev. 07/07/09
Mr, Darryl Richard, Project Manager
Collier County Transportation
Alternative Transportation Modes
2885 South Horseshoe Drive
Naples, Florida 34104
Subject:
Proposal of Landscape Architectural SetviceS for Golden Gate M.S,T.U. Roadway
Beautification Project (From Coronado Parkway & Hunter Blvd.).
Change Order'" -POIt45OO107120 Additional Services for Land"""oe Architect.
EnoineerinG & Survevino
Project Name: Coronado Par1lway & Hunter Blvd. Landscape, Inlgation & Curbing Final Design
Services) 2009-003~
Dear Mr. Richard:
As requested McGee & Associates is providing the following revised proposal of services containino
chanoe order #1 additional services l'llDuested bv staff at the ore-deskJn meelino on June 22. 2009 for
your review and approval.
McGee & Associates (M & A) agrees to provide the following 'Scope of Services' related to the final
design and contract administration seMces for the proposed Landscape Beautification project. The
project area will be defined generally as the area between the platted right-of-way lnes for the roadways
Coronado Par1lway & Hunter BIvd.( approx 1.9 miles). See attached .Project Man Hour and Fee Support
Calculations', Sheet 1 for design service hours and costs revised oer chanoe order #t task.
SCODe of Services
1.1 Plannina
Review existing roadway construction record drawings, existing utilities and contact utility
agencies. and existing sle conditions; along with future proposed roadway improvements
and adjacent property improvements in order to develop 8 gell8f8lly current set of cad
base maps for design PUI1lOS85. Base map information will be derived from existing on-
site conditions, aerial photos and record drawings infonnation provided by Collier County
and/or utility agencies with utilities within the project area. This proposal includes no
surveying and base maps will not include exact field location of any utilities or objects in
the project area, Proposal includes design services by a Rorlda Registered Engineer for
curbing, striping. trallic signage and pavement improvements,
Research and review applicable Collier county and ED.a.T. ordinances, codes,
standards, indexes and or regulations related to landscape, irrigation and curbing
installation within roadway right5-0f-way areas, streetscape design and installation to
generally comply with Collier County ConstnJction in Public Right-of-way, Ordinance 93-
64 Construction Standards Handbook latest edition.
Chanoe order #t
1.1.5 Base Plan DeveIoDment with survev infonnalion. Enaineer sub-
consultant services for coordination and intel"Dl'etation of survey data into
DrOiect de!'..... D1ans.
1.1.6 Roadwav TllIllKII'lIDhic & Baselne SUrvev (See attached sub-
consultant scooe of .........",..,
Chanoe order'"
Design * Environmental Management * Planning * Arborist
5079 Tamlaml Trail East f P. O. Box 8052 Naples, Florida 34101
Phone (239) 417~707 * Fax (239) 417~708
LC 098' FL 1023A
Page 2, 7m2009
Danyl Richard, Project Mgr.
Golden Gate M.S.T.U.
Coronado Parkway & Hunter Blvd.
proposal-2009-003PC01
161
1
1\1
2.1 ConceDtual Plan
2.1.1 Prepare final design plans baSed upon the existing M.S.T,U. approved conceptual plans.
3.1 Final Land.caDe Desion
Landscape Beautification plans to be prepared per F.D,O.T. "Design Standards" indexes and the
" Plans Preparation Manual" Volume I & II criteria and processes and in general compliance to
the Collier County Right-of-Way Ordinance 93-M current ednion.
3.1.1 Attend necessary public, staff and/or project on-site meetings for the project design
development and provide required WIilten correspondence, verbal convnunications or
presentations for the project development
3.1.2 Develop a landscape planting design and curbing layout plans based upon the approved
concept plans,
To minimally include nems or services as follows:
a. Planting design and layout
b. Materials Tabulation of Quantllies schedule containing, plant quanlilies,
installed sizes, specifications and mature sizes.
c. Decorative hardscape paving installation details and noles as identified,
d. Planting installation details and specifications,
e. Revi_ existing planting area soil analysis in order to provide
recommendations for amendments as needed.
f. Identify curbing types and loCations related to landscape and inigation
improvements.
g. Prepare median curbing, striping, traffic signage and pavement improvement
plans per ColUer County standards and F.D.O.T, "Design Standards" indexes, but
does nol include SUlVeying for elevations, Curbing to be set based upon existing
asphalt elevation.
3.1.3 Prepare County approved bidding and instaUation construclion drawings for exhibns or
attachments to the final Contract Documents,
3.1.4 Prepare County approved bidding and installation WIilten specifications for exhibits or
attachments to the final Contract Documents,
3.1.5 Develop opinion of cosls related to the approved final construction drawings to determine
if project is within proposed budget.
4.1 Flnallrriaation Desian
Landscape Seaulification plans to be prepared per F.D.O.T. "Design Standards" indexes and the
" Plans Preparation Manual. VoIwne I & II criteria and processes and in general compliance to
the Collier County Right-d-Way Ordinance 93-M current edition.
4.1.1 Attend necessary public, staff and/or project on-siIe meetings for the project design
development and provide required WIilten correspondence, verbal communications or
presentations for the project development,
4.1.2 Develop an irrigation design baSed upon the approved concept plan.
To minimally include items or services as foHows:
a. Identification and location of existing inigation sources, main Hnes, controllers,
and resean:h reuse water source. and connectionS.
b. Provide layout schedules and/or notes to identify types and quantities of ilTigation
components such as sprinkler heads. valves, piping. sleeving and valve wiring
c. lITigation installation details and speclfications,
Additional diredional boring plan and schedule.
4.1.3 Prepare County approved bidding and instaHation conslruclion drawings for exhibits or
attachments to the final Contracl Documents.
4.1.4 Prepare County approved bidding and instalation written specifications for exhibits or
attachments to the final Contract Documents,
16/
Page 3, 7fi12009
Darryl Richard, Project Mgr.
Golden Gate M.S.T.U.
Coronado Par1<way & Hunter Blvd.
Proposal-2oo9-003PC01
4.1.5 Develop opinion of costs related to the approved final construction drawings to detennine
if project is within proposed budget.
5.1 Pennittina
5.1.1 Supply and submit required pannit drawings to Collier County for submittals and pennit
approvals.
5.1.2 Provide required written correspondence, verbal communications or presentations for the
project pennilting.
6.1 Contract Administration
6.1.1 Assist Collier County in developing contract documents for bidding and contract
purposes.
6.1.2 Assist in bidding process and provide review and recommendation of award of
construction contract.
6.1.3 Provide on-site observations for services during construction to detennine
compliance with plans and specifications, as well as review and approve pay request
applications.
7.1 Reimbersables
Per Design services "Professional Landscape Architectural Services" Contract #08-5060.
8.1 Estimated Design Services Schedule (Revised Chanae order lt1)
6.1.1 M & A shall render its services as expeditiously as is consistent with professional skill and
care. During the course of the Project, anticipated and unanticipated events may impact
any Project schedule, Days listed are working days, excluding weekends, and official
holidays.
Task Descrimion 1.1 throuah 5.1
Design Start:
Pre-Desion Meetina
Sub-consultant DI'OD0S81s solicited
Chanoe Order #1
Chanoe Order #1 aoorovat
Survev data comDletion
Mev 21. 2009
June 22. 2009. survey reouired
June 25~~ t~u1V 6. 2009 (7 days added)
Submitled JulY . 2009
JulY 22. 2009 (15 daYS added) estimated
Auausl 20. 2009 (3Q daYS added) estimated
60% Plans Submittal:
Seolember 16 2009 after survev (estimated)
30 days from Chanae Order aooroval
& Survey data comDletion
County Review Comments
October 2.2009 (13 Davs) (estimated)
October 30. 2009 (estimated)
30 days from review comments
November 13. 2009 (14 Davs) (estimated)
December 11. 2009 (estimated)
30 days from review comments
90% Plans Submittal:
County Review Comments
Final Plan Submittal:
Notice to Proceed ComDlelion Date:
Seolember 19.2009 (120 days)
December 12. 2009
(83 days added. 203 Total days)
Revised ComDlelion Date:
1
+\1
161
Page 4, 7nt2009
Darryl Richard, Project Mgr.
Golden Gate M.S.T.U.
Coronado Parkway & Hunter Blvd.
Proposal-2009-003PC01
Task DescriDlion 6.1
Contract Administration:
120 days estimated bases upon construction
contract time.
8.1.2 Project estimated budget to be 51.000.000.00, County agrees to promptly notify M & A, if
schedule or budget changes. County acknowledges that significant changes to the
Project schedule, budget or the Project's scope may require Additional Services of M & A.
Any Additional Services beyond the .Scope of Services. win require an additional fee to
be mutually agreed upon In writing by both parties.
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Miehad A. McGee. KL,,- ISA
Melice & A.'iSUCiall.."S--l..mdscapc .AuchiICCIUn:
5079 T<llI1iami Trail East
""",,"s. 1'1 3411.1
SUhjl'1.'I:
Coronado I'IIrkway & IIunler Boulevard MeLltan ModIOealions
Addilional Transportalion Consulllal Prof...Io..I Servk.. Aareemenl
I h...lr \tr \;h:( Ie,::
J rehllcllek CUII.sulling Solulions. P.A. ITCS) i. pleased III submil a pmp""a]10 provide Addilional
-, '''lIsr><lf1.'li"n Consulling I'mCes.ional Services Cor the Coronado Pkwy &. I-hOlier Blvd Median
Mudi Iiealions Proje'Cl. This ProjCl.1 is localed wjlbin Golden Gale Cily in Collier COUIlly_
1'1"'''l' review the "Iwel,,:d Scope IIC Service'S and Fee Schllduk: outlining Ihe la.ks Ihal will be Jl<.TC'>rl1llxl
",' the I'roit'Ct. A'", indudcd ;arc Ihe Standard Business Terms &. Cundilions alld Slandard Rail.' C,~Ie.
I hank ypu !tlT the t1pp"rlunily In pnwiLlc nUl" ~iccs nn your Proj...-cl.
Silu.'"..rdy_
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PR()JJ(cr IN.'ORMATlON &< ASSUMI'TJONS
. -Il,;. prop.."o' i. "ri,'ell 'u sllflPlememll1e previuusly e~""u'ed pr.."""ol fill' Ihe suhjec. p"~""L
Cullier Coullly has "-'1ues",llieltllupOJll'3phie wlla 10 be eoll,,,'ed li1l' Ihe pruj"" I.. tlelc"lI\illc ill
I:tfC'atcr dt11lillhc dwinagc fl'lltem.s withinlhe prujccllimifs. The survcy ,hila ma)' f'\Xluire
ildditional plan grading ami dt..'"Sign dctuils.
S('ON: (W SERVICES
I. AddilionaJ Construction l'lln O..ien Detlil:
A. Review .ddi.iollallupographie tlala and whL". nec""",,'Y provitle proposed !irati"" lu
corr",1 ,)didclll cross slope conditions.
R. I'"",ide addi.ioll8l pion detail>. IlOIes ond illCorpotalc lhe prop<lIiCd l"ll'lgrnphic survey
dal. as r"'luired lor the proposed design,
l'IUIt'Io:SSIONAL S.:KVJn: "':F.S
I he Sl '( WI' OF SI'I{ VICES will he provided hased Oil ,he following fee slruelure:
TASK sCOrE 0.' SEKVln: FEE nO:E
'I'YPF.
r----- -. Adllitiollu! Construction Plan DcsiJ,.'1I !)l.-wil Fi~ed $2.250
I.
hn'tJ -- Fixed FL'<:
'I iM:E rime/Malt.'riaI1Fxpl.."I1scs h.'!&: (Fee provitlcd is an estimate)
t:x('J ,llllEll SERVICES
rhl.: rrnr~~iOlml scrvlcl.'S lu h~ pruvat.k.'d by Tn:hik:f.lCk Consulling Solulaons Dfe tim,iled Iu Ihose
~Ics..:rih\."t illlh~ Scope l)fSt.TVicl..'S. All other services an: 5~iliC8l1y excJudec1 as covered in the
prl'\'illtlsly CXl:CllfW I1rnptlsal rclall..-d to lhis PfC.1ject,
PRon:SSIONAJ. S.:R"ICf:S AGRE.:MENT AlfI'JlORJ4f.ATION
nllS is 10 eenily ,11., .11 panics 10 Ihe Ab'Teemenl havc o=>plcd lhe Scope of Ser\'iee:;, S',,"di,nIliusillcss
r t.'nlls ~llld Cnmlitions, :.IIld Standard Rule Code dC5Cribcd herein.
IN WIINI:SS Wlll,KEOF. Ihe parlics herdo have e~t:CU'cd Ihi. AgreemenllO be eITeclivc on Ihe lasl
dale silt l\\ n h\.'!ow.
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.'\l\Mll.'jall"S 1,;IIU.L...c.:3!lC'
I'rehikuck. Cummlling SolulIuns. IJ.A
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~kGy- .. ;:r.--7c;.;; , N'~hikoek 1- ~
Cnrnoooo I'I<W)- &: lIunl~r BI,.d Mediln Modifiel'io.. Tranaportltion Consulting
16/
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TRt;UII,COCK CONSUI.TING SOJ.UTlONS, PA
STANDARD IJUSINE.',S l'ERMS &. CONDITIONS
Nt HI'.: rhe MeUee & A,,"c;ul.,. Land""""" Services C<nllmel Condilioll5 with Collier Counly
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TREBILCOCK CONSULTING SOLUTIONS, P A
STANDARD RATE CODE
Effective January 1,2008
C1.t\SSIFlCATlON
cOIn:
I'IWFESSIONAI. CONSlILTANT
----- .-....-,.-..
Prull:ssil1nill Clll1sulliil1l I
-...__.._....v._
PmJ,:ssiol\all\msullanl .2
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sf IS/hr-
--,- S 12S/h~
---- $4siI"
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-__-0
. RC'lllhu'Si,bk alld Sub consullanl Expenscs will be charged al C"sl plus 10%.
. Expc,., W ilnc::;s/Public H<'llring will be charged al I SO"J. "r SLalldllrd Rale Code I'c"",.
Any Slale of Florida se"iccs IDX will he added to our ti:es, a. applicable.
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gllaci~~~BRUNDAGE, INC.
1I..j . ul...,..,.,n.--,S_,.I.Moppon
June 30, 2009
Mr. MIc:haeI McGee
McGee &. AssocIates
5079 Tlmllml Tran East
Naples, R. 34113
Re: Request for PropOsal of SUNeylng 5elvlces on Ule coronado Parkway &. Hunter Boulevard
Median Mod1fiaItionS. ABB Projed: 09-1l1OO-GPA/4788
Dear Mr. McGee:
At your request. AgnOII, Barber &. BnmdlJge, Inc., Is pIeIIsed lD 5lDnIt this proposal to render
P"A'~onal SurveyIng and Mapping ServIces on the above referenced project.
OUr understanding and iI5&\IlIPllOnS for this project lI'e asfoUoWs:
McGee &. .~lies Is the Laro(l$c~ ArchIlect for the IISS0 cIatEid landscape design and
beautlftcatlons project. ThIs Projed: wl. seek to obtain IppI"O\'iI from Coller County for CUIbIng
existing medians and design landscape Improvements. l1le.center11ne dIsl3nce of the proJect Is
eppraxllTllltBy4,800 If for CoronIIdo Pkwy end 5,100 Iffor' Hunter Blvd. McGee&.flsIoclaties wiD
prepare the base plan with the Coler County 2009 PlopeIty AppraIser SlDck aeMIs.
AgnoR, Barber &. Brundage, Inc, hereinafter ..It.,eeI to as ABB, proposes lD provide McGee a
AssocIatEs, hereInlIfler ,.Gb'R!d lD IS 0Ient, the following ~..r: ~1l1lI1 services:
L Scope or r.me.:
A. AIlB will provide I tDpOgntphIc SItVff( <<the I'OlICIwIIy areas along the project
alignment sufIIclent to establish fA'! aoss sedIons at 100' stBtlons end the grade
breaks to. help kIel1UfY piMlITlent aoss slopes lD eobhltd\ existing dralnllge
pa\:lB1lS. l1le Dmlt tI this tDpo wDI be the CMIIsIde edge tI ~ end does
not Include skIl1lrlllllcs. cIrIIIa'lllYSr Sl1l'llles. ell:. We wi! also tDpo the side street
Intl!IsectIons to provide eu'lII' a1ll!Ifa fortlm lanes and median cuts and locate
above ground visible ~lItIes (I.e. valve pads, ftre. hydrants, ~ poles,
manholes, cIralllilge stnIdUres and pipes) thIt may conIIIct wIth.the proposed
Im~ BevatIoiis will be based on NGVD 29 vertIclIl cIlIlml.
.
B. ABB wUI establish a bIISeIne W\lh st:atIclrmg for the project along the centerllne
of the exIstIIIlI10D' rfght of Wif'(. we wUI also coonIllItIe and.tIe the ba$ellne
Intxl the base maps prepIIIl!d IJot McGee &. ~S9'l-I>4"",
..... '-".-,',-
.....16 I. .1-, .1;J
Note: The collected survey data wiD be submltbld In an AutxlCad D1g11a1 Exdlange (DXF) format
on a CD and eIettronlCally drawn In the FIorlda S1ate Plane East (US Feet) COordlnate System
(NAD 83/90). The drawing w11I,e'MCll! estlIbIIshed PeI'IM'1eI1t ReI'erence Monuments (PRM's)
der1ved from the RTK (Real-l1me KInematic) GPS NetwOrl< as provided by CoDler County.
Information layers shall have CXIIlllllllIl namlngCXllM!l\tlonS (toe. r1ght-of-way-ROW,
centerlllll!!H1, edge'Of~, ett), and adhel'e to indUSlry CAD spedfk:atIonS.
Do ~opDndr..:.
:r.Is
A. Topographic SUrvey
B. EstablIsh Baseline
FIxed Fee
$6,700.00 .
$3,200.00
1. ADDmONAL SERVICES AND EXTRA WORK
ServIces. not specificaliy Included In the Scope d 5ervIces will be perfunned as additi0nai
services on an hourly basis, plus reimbursable expenses In ea:ortI8nce wltt1 the Rete
Schedule end05ed with thIS Agreement. ServIces and fees provided In this Agreement
are baSed upon govemnental n.des, regulatlons and policies In e/l'ed: at the time of
execution cK this Agreement. Should changes tlikeel'fed:dII1ng the period services are
being pelfonned end result 1n8ddltion8l ABB wodt requllelllents, 1I11s Agreement will be
modified by approveI cK the paJtIes. In 1ldcItIor., A8B . perform. addItIonlIl seIVIces
beyQnd the wodt desatbed w!tt*I thIS Agrem1ent as reqlleslBd end IIUthorIzed by 1I1e
alent. When such. wodt can. be Jde.ltIIIed In advance, ABB wm pnMde a reasonable
estimate far such wodt end wrftI:l!n auIt.oIlmIIon obIaIned.
2. TIME OF PERFORMANCE
ABB will start services promptly upon receipt d a PIm:hase Order and complete our
work wIIhIn 30 ClIIendar day$.
3. OUTSIDE SERVICES
OUtside services not specJftcaIIy Included In 1I1is Agreement are as follows:
A. ~ tMIon Plannlng/Englneertng ServIces
B. Legal ServIces
C. Landsc:ape An:hItecture
D. 5ervIces not spedftc:ally descrtbed In See. 1 0I'1I11s Agreement
4. FEES AND COMPENSATION ..
BIDing for services and rWnbu~ e.cpenm wID be subrn1l!ed on a monthly basis. All
Involces are due and pavabIe upon rec:eIpt. IIMiIces not paid wIItlIn thirty (30) days
shaH ecx:rue Interest at a rate d 1.5% per mcnh. from the clue dale IIIItIl paid. If
payment Is not rec:eMld within forty-five (45) days from dale d invoice, we may stop
work until the tllIal unpaid baIana! has been ...w JelL l11e proJer::t sd1eduIe and
..,,,.16Ll.f\ 1,
schedule d dellverables will be subject lXl the alent's timely payments of fees. In the
event It Is reo ary for the Consuftant lXl employ an atIl)I'My to coIect sums due under
this Agreement, alent shaD be I esponsIbJe for all costs 1naJrred, Including Consultant's
reasonableBttomey fees.
5. PROVISIONS AND CONDmONS
1. 4rr>>ntAnce PerIod. This proposal Is. elfeclIve for a period of thirty (30) days
from the date shown. If not a.:. cepted In wrlUng within this period, the
Consullllnt reserves the right lXl mocIfy any porUon thereof or withdraw the
proposal In Its entirety.
.
2. . OWnershID of nnn__ All documents, Including OI1glnal drawings, notes,
data and report. orfglnals are and shaD remain the property of the. consultant as
an Instrument of service. If SO requested In wrIIIng,the 0Jent will be pi'OYkIed
reprocl\ldble dl'llWlngs and other docDnenl$ bt anIcIeratfon d which the alent
agrees lXl use It1em \/t1thoUt 1118 lIlIon soJeIy In c:onnedlon with the project.
6. TERMINATION AND l.IABIUTY
This Agreement may be tennlnated with or without cause by either party upon seven (7)
days wrltten notice. In the event of tennlnatlon, alent shall be bound In pay Consullllnt
for all services rendered lXl the etrecUve dale of termlnatfon, all reJrnbUl'Silble expenses
and ooIlect1on and/or legal fees. NeIther the COrlsQtant nor CDnsuItant's subcontractors
shall be jointly, severally or individually IIabJe lXl the owner In excess of the
compensllllon lXl be paid p1Jl'SUlInt lXl this Agreement.
7. The McGee It. .Asodates Landscape ServIces Conlrad: CondItIons with CollIer County
supersedes these mndltlons where there Is CM!lIap or conflict, as appJk:ab1e.
We hope that this Agreement SlIllsfadIlnIy I espo.lds lXl your request. If the Agreement Is
aa:epta one original capf, signed by a dWy authoItzed l1lJlI m tdtIlleof the alllnt, should
be ancl wi! serve as our eutt.o. wllolllXl proc:eed. By signing below, the undersigned
hereby and WlIITllnts that they have fuI authorlly In 00111I act on the 0Ient's behalf
for the and fees proposed herein. If you have aiIy questions, pIeese do.not hesitalI! In
call.
S!
AGNO R It. BRUNDAGE, INC.
Guy P. .s.M.
VIce SurvevnlIlIncI Mappffig
Au.cYlt:DlliIS ~ DAYOF _' J'tJl--t ,2009.
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f'EIVFD IMMOKALEE eRA
U - Community Redevelopment Agency
OCT 22 2009 iThe pl'1ceto ('111 Hamel
F~
Fiala
Halas
Henning
Coyle
Coletta
':"'oard of County Commissioners
EZONE MEETING AGENDA
eRA Governiu2 Board
Commissioner
James N. Coletta
Chair
State Enterprise Zone Development Agency
September 16, 2009 - 9:30 to 9:45 AM
Career and Service Center of Collier County-Immokalee
750 South 5th Street
Immokalee, Florida 34142
Commissioner
Tom Henning
Commissioner
Donna Fiala
Commissioner
Fred W. Coyle
Call to Order.
Roll Call and Announcement of Ouorum.
Adoption of Agenda.
Communications.
A.
B.
C.
D.
E.
Commissioner
Frank Halas
State Enterorise Zone
Develooment AecDcv
Board lEZDA}
Consent A1,\enda.
a. Approval of Minutes.
i. Regular Meeting - August 19, 2009 (Enclosure I)
b, Enterprise Zone Reports.
i. Enterprise Zone Activities Monthly Report (Enclosure 2)
Old Business.
Fred N. Thomas, Jr.
Chairman
Edward "Ski" Olesky
Michael Facundo
Capt. Tom Davis
F.
Robert Halman
Ex-officio
G. New Business.
H. Citizen Comments.
Julio Estremera
Kitchell Snow
Next Meeting. October 21,2009 at 9:30 A.M.
Adjournment.
l.
J.
Floyd Crews
Ana Salazar
Richard Rice
James Wall
Rick Heers
Eva Deya
eRA Staff
Penny Phillippi
Executive Director
239.252.2310
Bradley Muckel
Project Manager
239.252.5549
Christie Betancourt
Administrative Assistant
239.252.2313
Misc. COffel
oate:l d-I 0 ~
Item .:_~ \0
Cs\')\es to.
IMMOKALEE eRA
Community Redevelopment Agency
iThe P!qce to Cqll Hamel
16 1 1 ~o/
Enclosure ]
MINUTES
Enterprise Zone Deve]opment Agency
August ]9,2009
Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 10:50 A.M,
Roll Call and Announcement of a Ouorum.
Advisory BoardlEZDA Members Present:
Fred N. Thomas, Rick Heers, Floyd Crews, Richard Rice, Ana Salazar, Kitchell Snow,
Eva Deyo, Chief Tom Davis, Robert Halman, James Wall, and Edward "Ski" Olesky,
Advisory BoardlEZDA Members Absent/Excused:
Julio Estremera, Michael Facundo and Richard Rice (left at 9:30).
Action: A quorum was announced as being present.
Immokalee Master Plan and Visioning Committee Present:
Clarence S. Tears, Jr., Edward "Ski" Olesky, Floyd Crews, Fred N. Thomas, Jr., Rick
Heers, Carrie Williams, Jean Paul and Pam Brown.
IMPVC Members Absent/Excused:
Estil Null and Richard Rice.
Action: A quorum was announced as being present,
Others Present: Patrick Vanasse, Tracy Crowe, Ray Kay, Paula McMichael, Jim
Seabasty, Bob Mulhere, Birgit Pauli-Haack, Mitch Hutchcraft, Jeff Randall, Steve Hart,
and Theresa Cook.
Staff: Penny Phillippi and Christie Betancourt.
C. Adoption of the Agenda.
Action: Ms. Deyo moved to adopt the Agenda. Mr. Heers seconded the motion and the
Agenda was approved by unanimous vote.
D. Communications,
E. Consent Agenda.
a. Approval of Minutes ofJuly 15,2009.
i. Approval of the Enterprise Zone Monthly Activities Report
Action: Ms. Deyo moved to approve the Consent Agenda, Mr. Heers seconded the motion and the
Consent Agenda was approved by unanimous vote.
F. Old Business.
G. New Business.
a. Immokalee Enterprise Zone Incentives for the month of July were announced as
awards to housing providers at a rate of $5,000 each to: Lennar (58), Milagro Place (6)
and Habitat for Humanity (48).
Citizen Comments.
Next Meeting Date,
Adjournment.
A.
B.
H.
1.
J.
September 16,2009 at 9:30 A.M.
This meeting was adjourned at ]0:55 A.M.
IMMOKALEE eRA
Commul1ity Redevelopment Agency
iThe P!qce to Cqll Homel
161
1 ~%
Certification of Minutes Approval Form
i, Executive D' tor
ommunity Redevelopment Agency
Approved by:
Fred~~
-
These Minutes for the September 16, 2009 CRA Advisory BoardJEZDAlIMPVC Meeting
were approved by the CRA Advisory Board/EZDAlIMPVC Committee on October 21,
2009, as presented.
* The next joint Advisory Board/EZDAlIMPVC meeting will be held November 18, 2009 at
8:30A.M. at the Career and Service Center located at 750 South 51h Street in Immokalee.
** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30
P,M. at the Career and Service Center located at 750 South 51h Street in Immokalee and will be
appropriately noticed and announced in advance of such meetings.
All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee
Public Library and provided to the County Public Information Department for distribution. Please call Christie
Betancourt, Administrative Assistant, at 239-252-2313 for additional information. In accordance with the American
with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie
Betancourt. Administrative Assistant, at least 48 hours before the meeting. The public should be advised that
members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members
of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment
Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard,
matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board
and Committees from time to time.
buard:!! (thmty C01'nniissianBrs
16 I 1 NV
Fiala En~~J::k-
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Coyle v -
Coletta ~ J"c.,/ ~
IMMOKALEE CR/\
'CorDtT-Junity Reqevelopment Agency RECEIVED
j The Plqce to ('III Hamel OCT 22 2009
MINUTES
Enterprise Zone Development Agency
September 16, 2009
Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 9:10 A.M.
Roll Call and Announcement of a Quorum.
Advisory BoardJEZDA Members Present:
Fred N. Thomas, Rick Heers, Floyd Crews, Richard Rice, Ana Salazar, Kitchell Snow,
Eva Deyo, Mike Facundo, and Edward "Ski" Olesky,
Advisory Board/EZDA Members Absent/Excused:
James Wall, Julio Estremera, Chief Davis, and Robert Halman,
Action: A quorum was announced as being present.
Immokalee Master Plan and Visioning Committee Present:
Clarence S. Tears, Jr., Edward "Ski" Olesky, Fred N, Thomas, Jr., Rick Heers, Richard
Rice, Carrie Williams, Jean Paul, Floyd Crews and Pam Brown,
IMPVC Members Absent/Excused:
Estil Null.
Action: A quorum was announced as being present.
Others Present: Bob Soter, Brooke Gabrielson, Mitch Hutchcraft, Felix Medina, Jeff
Randall, and Steve Hart
Staff: Penny Phillippi, Brad Muckel and Christie Betancourt.
C. Adoption of the Agenda.
Action: Ms. Deyo moved to adopt the Agenda, Mr. Olesky seconded the motion and the
Agenda was approved by unanimous vote,
D. Communications.
E. Consent Agenda.
a. Approval of Minutes of August 19,2009.
i. Approval ofthe Enterprise Zone Monthly Activities Report
Action: Ms. Deyo moved to approve the Consent Agenda. Mr. Olesky seconded the motion and
the Consent Agenda was approved by unanimous vote.
F, Old Business.
No old business.
New Business.
a. No new business.
Citizen Comments.
Next Meeting Date.
Adiournment
A.
B.
G,
H.
I.
J.
October 21, 2009 at 8:00 A.M.
This meeting was adjourned at 9:15 A.M.
Misc. Corres.
Date:
Ilem#:.,___---
r--:,r;~s fe,
IMMOKALEE eRA
Community Redevelopment Agency
iThe Plqce to cqll Homel
161
1 ~Cb
Certification of Minutes Approval Form
Approved by:
F~~
-
These Minutes for the September 16, 2009 CRA Advisory BoardlEZDAfIMPVC Meeting
were approved by the CRA Advisory BoardlEZDAfIMPVC Committee on October 21,
2009, as presented.
* The next joint Advisory BoardlEZDAlIMPVC meeting will be held November 18, 2009 at
8:30A.M. at the Career and Service Center located at 750 South 51b Street in Immokalee.
** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30
P,M. at the Career and Service Center located at 750 South 51b Street in Immokalee and will be
appropriately noticed and announced in advance of such meetings.
All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee
Public Library and provided to the County Public Information Department for distribution. Please call Christie
Betancourt, Administrative Assistant, at 239-252-2313 for additional information. In accordance with the American
with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie
Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that
members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members
of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment
Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard,
matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board
and Committees from time to time,
eRA Goveroine- Board
IMMOKALEE eRA
Community Redevelopment Agency
i The PI'Ice to c'Ill Hamel
Commissioner
Tom Henning
MEMORANDUM
Commissioner
Donna Fiala
DATE:
Commissioner
James N. Coletta
TO:
Commissioner
Fred W. Coyle
FROM:
Commissioner
Frank Halas
RE:
eRA Advisorv Board &
State Enterorise Zone
Aeencv Board
October 21 , 2009
Sam Tucker, Executive Aide, BCC
Christie Betancourt, Administrative Assistant/1)~.
lmmokalee Community Redevelopment Age~ .
Agendas, Minutes, and Signed Approval
10' 1 f\~
,~r- (' E !\/E
,c,/ ..1.. D
leT 22 2009
;1 ~>L';'iv :nn,rnissionE.'fS
~
t-./~ "-..:.:"
Fred N. Thomas, Jr.
Chairman
Attached are the Agendas, Minutes, and Signed Approval from September and
October for your conveyance.
Ana Salazar
Michael Facundo
Edward "Ski" Olesky
Eva Deyo
Floyd Crews
Kitchell Snow
James Wall
Julio Estremera
Richard (Dick) Rice
Richard (Rick) Heers
Capt. Tom Davis
Robert Halman
(Ex Officio)
Thank you.
Master Plan &
Visionioe- Committee
Fred N. Thomas Jr.
Chainnan
Edward (Ski) Olesky
Clarence S. Tears, Jr.
Pastor Jean C. Paul
Carrie Williams
Floyd Crews
Richard (Rick) Heers
Richard (Dick) Rice
Estil Null
eRA StafT
Penny Phillippi
Executive Director
Bradley Muckel
Project Manager
Christie Betancourt
Administrative Assistant
Immok;jlee Community Redevelopment Agency
310 Alqchuq Street. Immok;jlee. FL 34142
2392522313'" 239252.6725 (FAX)
eRA Goveroio2 Board
Commissioner
James N. Colella
Chair
Commissioner
Tom Henning
Commissioner
Donna Fiala
Commissioner
Fred W. Coyle
Commissioner
Frank Halas
eRA Advisory Board
Fred N. Thomas, Jr.
Chairman
Edward "Ski" Olesky
Michael Facundo
Capt. Tom Davis
Robert Halman
Ex-officio
Julio Estremera
Kitchell Snow
Floyd Crews
Ana Salazar
Richard Rice
James Wall
Rick Hcers
Eva Deyo
eRA Staff
Penny Phillippi
Executive Director
239.252.23 10
Bradley Muckel
Project Manager
239.252.5549
Christie Betancourt
Administrative Assistant
239.252.2313
RECEIVED IMMOKALEE eRA
ntl 22 2otl!rmr:'unity Redevelopment Agency
,", I The Plqce to Cqll Hamel
(jal,j ul CIj,ll't'1 CO,ilmiss1oners
eRA MEETING AGENDA
Community Redevelopment Agency Advisory Committee
k~
Fiala
Halas
Henning
Coyle
Coletta
--'\1 V
V
,(~I~C)
I
September 16, 2009 - 9:45 to 10:30 A.M.
Career and Service Center of Collier County-Immokalee
750 South 5th Street, Immokalee, Florida 34142
A. Call to Order.
B. Roll Call and Announcement of a Ouorum.
C. Introductions.
D. Adoption of Agenda.
E. Communications.
F, Consent Agenda.
a. Approval of Minutes,
i, Regular Meeting August 19, 2009 (Enclosure 1)
b. RWA, Inc.
i. August Report (Enclosure 2a)
ii. August Invoice (Enclosure 2b)
c. FalYade Improvement Program Monthly Report (Enclosure 3)
G, Old Business.
a. County Code Enforcement Monthly Highlights
b. Business Development Center Report
H. New Business.
a. CRA Advisory Board Vacancy
b. Celebration of Cultures
c. End of Fiscal Year
d. MSTU Transportation Enhancement Grant
e. Public Relations Report
f. Operational Plan Workshop (Enclosure 4)
g. Amendment to the Esperanza Place Agreements
1. Citizen Comments.
J. Next Meeting Date, Regular Meeting October 21,2009 at 8:30 A.M.
K. Adjournment.
· The next joint Advisory BoardlEZDAlIMPVC meeting will be held September 16, 2009, at
8:30 A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee.
All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at
the Immokalee Public Library and provided to the County Public Information Department for
distribution. Please Christie Betancourt, Administrative Assistant, at 239.252.2313 for
additional information. In accordance with the American with Disabilities Act, persons
needing assistance to participate in any of these proceedings should contact Christie
Betancourt, Administrative Assistant, at least 48 hours before the meeting, The public should
be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA
Advisory Board are also members of the other Boards and Committees, including, but not
limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire
Commission, and the Collier County Housing Authority; etc. In this regard,1isoa6llJescoming
before the IMPVC and the Advisory Board may come before one or more of the. .flu ~
Board and Committees from time to time. Oate:~1 ~
I Item #'_ ,
;~ -."'1,:0") f.:)
IMMOKALEE eRA.
Community Redevelopment Agency
iThe Placeto Call Hamel
16 I 1 fx~/
Enclosure I
MINUTES
Immokalee Local Redevelopment Agency
August 19, 2009
A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 10:55 A.M.
B. Roll Call and Announcement of a Ouorum.
Advisory BoardlEZDA Members Present:
Fred N. Thomas, Rick Heers, Floyd Crews, Richard Rice, Ana Salazar, Kitchell Snow,
Eva Deyo, Chief Tom Davis, Robert Halman, James Wall, and Edward "Ski" Olesky.
Advisory BoardlEZDA Members Absent/Excused:
Julio Estremera, Michael Facundo and Richard Rice (left at 9:30).
Action: A quorum was announced as being present.
Immokalee Master Plan and Visioning Committee Present:
Clarence S. Tears, Jr., Edward "Ski" Olesky, Floyd Crews, Fred N. Thomas, Jr., Rick
Heers, Carrie Williams, Jean Paul and Pam Brown.
IMPVC Members Absent/Excused:
Estil Null and Richard Rice.
Action: A quorum was announced as being present.
Others Present: Patrick Vanasse, Tracy Crowe, Ray Kay, Paula McMichael, Jim
Seabasty, Bob Mulhere, Birgit Pauli-Haack, Mitch Hutchcraft, Jeff Randall, Steve Hart,
and Theresa Cook.
Staff: Penny Phillippi and Christie Betancourt.
C. Introductions.
D. Adoption of Agenda.
Action: Mr. Wall made a motion to adopt the Agenda with the assistance ofG.c. - Handy
Store Building Permit and Hd. - Marketing Campaign. Ms. Deyo seconded the motion and it
passed by unanimous vote.
E. Communications.
F. Consent Agenda.
a. Approval of Minutes for the meeting of July 15,2009.
b. RW A, Inc. July Report and Invoice; and
c. Commercial Fa9ade Improvement Program Monthly Report.
Action: Mr. Wall made a motion to approve the Consent Agenda, Ms. Deyo seconded the
motion, and it was approved by unanimous vote.
G. Old Business.
a. County Code Enforcement Monthly Highlights in Immokalee.
Kitchell Snow provided an update on code enforcement activities in Immokalee.
b. Immokalee State Farmer's Market update.
Mr. Crews reported that although letters were sent to Congressman Mario Diaz-
Balart, there has been no new activity to report.
c. Handy Store Building Permit.
The Executive Director reported that the Handy Stores were having a problem
getting their building permits for the blue awnings shown in the fa9ade grant,
Action: Floyd Crews made a motion that the CRA go to the County Commissioners under
the Public Petition to state the issue and seek resolution. Chief Davis seconded the motion and
the motion passed with two dissenting votes (Kitchell Snow and Robert Halman).
New Business.
a. CRA Advisory Board Vacancy.
Christie Betancourt reported that the recommendation to not accept Randy
Anderson as a CRA Advisory Board member will go before the BCC in
September, after which, the vacancy will be re-advertised.
Celebration of Cultures.
The Executive Director reported on the activities associated with the celebration,
providing forms for sponsors, volunteers, vendors, etc. and asking Advisory
Board member to assist in the distribution of same.
Harvest Festival.
Pam Brown reported that committees of local folks are attempting to revive the
historic Harvest Festival in Immokalee to its former glory with activities such as a
wild pig roast, watermelon drop, Little Miss Immokalee Contest, etc.
Mr. Olesky made a motion to recommend to the CRA Board that Fund 186 be
used to fund the Harvest Festival, not to exceed $50,000. Jim Wall seconded the
motion and it passed by unanimous vote.
Marketing Campaign
The Executive Director requested the ability to negotiate a contract for the
development and execution of a marketing campaign for Immokalee, specifically
targeting economic development opportunities.
Action: Jim Wall made a motion that the CRA Advisory Board instruct the Executive
Director to negotiate a contract, not to exceed $40,000, for the development and execution of a
marketing campaign. Chief Davis seconded the motion and it passed by unanimous vote.
I. Citizen's Comments.
J. Next Meeting Date.
K. Adjournment:
H.
Action:
161
1~~
b.
c.
d.
September 15,2009 at 10:30 A.M.
The meeting was adjourned at 11 :20 A.M.
2
16J
1 fxC\
IMMOKALEE eRA
Community Redevelopment Agency
i The place to Call Hamel
Certification of Minutes Approval Form
pre~ryy:
1./
,
Approy~n"
"J;'
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. .,' ,\
"'~" .... . .~+
......C.'... 'j ,/.
. v' ___'' _ _ ,.. _ \
Fied N. Thomas, Jr., Chainnan
-~-
These Minutes for the August 19, 2009, CRA Advisory BoardlEZDAlIMPVC Meeting were
approved by the CRA Advisory Board/EZDAlIMPVC Committee on September 16, 2009,
as presented.
* The next joint Advisory BoardlEZDNlMPVC meeting will be held October 21, 2009 at
8:30A.M. at the Career and Service Center located at 750 South 5th Street in lmmokalee.
** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30
P.M. at the Career and Service Center located at 750 South 5th Street in Immokalee and will be
appropriately noticed and announced in advance of such meetings.
All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee
Public Library and provided to the County Public Information Department for distribution. Please call Christie
Betancourt, Administrative Assistant, at 239-252-2313 for additional information. In accordance with the American
with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie
Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that
members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members
of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment
Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard,
matters coming before the IMPVC and the Advisory Board may come belore one or more of the referenced Board
and Committees from time to time.
IMMOKALEE eRA.
. Community Redevelopment Agency
i The place to Call Hamel
101
1~~/
RECEIVED
OCT 2 2 2009
Enclosure 3
MINUTES
Immokalee Local Redevelopment Agency
September 16, 2009
'-1l',;Hd uf (.puniy Cun~nllSSioners
Fiala
Halas
Henning
Coyle
Colette
1"(~ 16~)
I
Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 9:15 A.M.
Roll Call and Announcement of a Quorum.
Advisorv BoardlEZDA Members Present:
Fred N. Thomas, Rick Heers, Floyd Crews, Richard Rice, Ana Salazar, Kitchell Snow,
Eva Deyo, Mike Facundo, and Edward "Ski" Olesky.
Advisorv BoardlEZDA Members Absent/Excused;
James Wall, Julio Estremera, Chief Davis, and Robert Halman.
Action: A quorum was announced as being present.
Immokalee Master Plan and Visioning Committee Present:
Clarence S. Tears, Jr., Edward "Ski" Olesky, Fred N. Thomas, Jr., Rick Heers, Richard
Rice, Carrie Williams, Jean Paul, Floyd Crews and Pam Brown.
IMPVC Members Absent/Excused:
Estil Null.
Action: A quorum was announced as being present.
Others Present: Bob Soter, Brooke Gabrielson, Mitch Hutchcraft, Felix Medina, Jeff
Randall, and Steve Hart.
Staff: Penny Phillippi, Brad Muckel and Christie Betancourt.
C. Introductions.
D. Adoption of Agenda.
Action: Mr. Heers made a motion to adopt the Agenda, Mr. Olesky seconded the motion
and it passed by unanimous vote.
E. Communications.
F. Consent Agenda.
a. Approval of Minutes for the meeting of August 19, 2009.
b. RW A, Inc. September Report and Invoice; and
c. Commercial Fa9ade Improvement Program Monthly Report.
Action: Mr. Rice made a motion to approve the Consent Agenda, Mr. Olesky seconded the
motion, and it was approved by unanimous vote.
G. Old Business.
a. County Code Enforcement Monthly Highlights in Immokalee.
Kitchell Snow reported that some permits have been issued in Immokalee. Every
2nd and 4th Tuesday, Code Enforcement staff will be accepting applications for
permits.
Business Development Center Report
The CRA Director is moving forward with the development of the final proposal
for the BDC. We have received and addressed comments from the Airport
Authority Board and are now finalizing the presentation for Oct. to both the
Airport Board and the BCC.
New Business.
a. CRA Advisory Board Vacancy
The Director reported that the vacancy will be advertized during tiM~ of
September.
A.
B.
b.
H.
'l?tp
Item!!
:~!1!es to'
161
lkC\
b. Celebration of Cultures
Ms. Phillippi reported that the Celebration of Cultures has exploded into a very
large event. She invited each of Committee members to join the Celebration of
Cultures for the Greeting of the Officials at 8:00 P.M. on Friday night. Board
Members were asked to sign the volunteer sheet to sell tickets and collect money
throughout the 3 day event.
c. End of Fiscal Year.
Committees and vendors were asked to please be aware that the September 30 is
the end of the Fiscal Year for Collier County. Staff will be closing out all
Purchase Orders with the exception of RWA which will roll over to FY 2010.
Checks will begin to be issued again about the 3'd week in October.
Christie Betancourt asked the Committee to approve an additional payment of
$15,753.59 for RWA to close out the RWA account for FY 2009.
Action: Mr. Rice made a motion to approve the payment of $15,753.59 for RWA to
facilitate year end fiscal closures. Ms. Deyo seconded the motion and it was passed by
unanimous vote.
d. MSTU Transportation Enhancement Grant.
The Executive Director informed the Board that staff prepared the Public Realm
Plan for presentation to the MPO in support of the MSTU grant application for
1.3 million dollars toward Main Street Beautification and Re-Use Irrigation. The
application ranked 8th and will not be funded until the year 2013.
e. Public Relations Report.
The Director stated she is well pleased with Mr. Steve Hart who has been doing
an outstanding job for Immokalee, as has Pauli Systems. Mr. Hart prepared and
provided an overview of his monthly report.
f. Operational Plan Workshop.
The Director reported to the Committee that staff has selected R W A to complete
the annual workshop and develop the operational plan for FY 2010 for several
reasons. First, they were the lowest quote (and the only price quote); second, they
are intimately familiar with the new draft Master Plan and the vision for
Immokalee. Staff is targeting October 21st for the Workshop, the regularly
scheduled meeting of the IMPVCICRA Advisory Board. A light breakfast at 8:00
A.M., the meeting begins at 8:30, address consent and fiscal items begin the
workshop at 9:00 am. Break at 10:30, work until 12:00, enjoy a working lunch,
and end by 1 ;00 pm at the very latest. Staff requests approval to pay R W A a total
of $2,900.00 for the Operational Plan activities as described in their proposal.
Action: Eva Deyo made a motion to approve the 21" as the Operational Plan Workshop
and to approve expenditure for the Workshop not to exceed $3,000; Dick Rice seconded the
motion and it was passed by unanimous vote.
g. Amendment to the Esperanza Place Agreements.
The Director stated the issues associated with the CRA Agreement between
Florida Non-Profit Services, Inc. and the Empowerment Alliance of Southwest
Florida, i.e., the payment of invoices. The Collier County Attorney has reviewed
staff's recommended changes to the two agreements for Esperanza Place. The
change was read aloud to the Committees from the Request for Legal Services.
2
1 ~ncLure t ~~
Staff requested approval by the CRA Advisory Board to recommend the
amendments to the CRA Board.
Action: Eva Deyo made a motion to approve the amendment to the agreement and
recommend to the eRA Board, the motion was seconded the motion and it was passed by
unanimous vote with two abstentions: Ski Olesky and Ana Salazar.
I.
J.
K.
Citizen's Comments.
Next Meeting Date.
Adiournment:
October 21, 2009 at 8:00 A.M.
The meeting was adjourned at 10:05 A.M.
3
161
1 kq
IMMOKALEE eRA
Community Redevelopment Agency
irhe plqceto cqll Hamel
Certification of Minutes Approval Form
i, Executive tor
ommunity Redevelopment Agency
Approved by:
F~~&.
These Minutes for the September 16, 2009 CRA Advisory BoardlEZDAlIMPVC Meeting
were approved by the eRA Advisory BoardlEZDAJIMPVC Committee on October 21,
2009, as presented.
* The next joint Advisory BoardlEZDAlIMPVC meeting will be held November 18, 2009 at
8:30A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee.
** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30
P.M. at the Career and Service Center located at 750 South 5th Street in Immokalee and will be
appropriately noticed and announced in advance of such meetings.
All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee
Public Library and provided to the County Public Information Department for distribution. Please call Christie
Betancourt, Administrative Assistant, at 239-252-2313 for additional information. In accordance with the American
with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie
Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that
members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members
of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment
Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard,
matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board
and Committees from lime to lime.
eRA Governinl! Board
Commissioner
James N. Coletta
Chair
Commissioner
Tom Henning
Commissioner
Donna Fiala
Commissioner
Fred W. Coyle
Commissioner
Frank Halas
CRA Advisor\' Board
!!f
State EnterDri~ Zone
Ae:encv Board
Fred N. Thomas, Jr.
Chairman
Edward "Ski" Olesky
Capt. Tom Davis
Robert Halman
Ex-officio
Julio Estremera
Michael Facundo
Kitchell Snow
Floyd Crews
Richard Rice
Ana Salazar
Rick Heers
James Wall
Eva Deyo
Master Plan &
Visionine: Committee
Fred N. Thomas, Jr.
Chairman
Edward (Ski) Olesky
Clarence S. Tears, Jr.
Pa.<;tor Jean C. Paul
Carrie Williams
Floyd Crews
Pam Brown
Rick Heers
Dick Rice
Estil Null
eRA Staff
Penny Phillippi
Executive Director
239.252.2310
Bradley Muckel
Project Manager
239.252.5549
Christie Betancourt
Administrative Assistant
239.252.2313
ENED IMMOKALEE eRA
REC - eommunity Redevelopment Agency
Oel 22 2009 iThe pJqce to e'lll Homel
t=iala
Halas
Henning
Coyle
Coletta
"'ornlT\\Ss\oner~)
p,uard 0\ COllnN '-'
JOINT MEETING AGENDA
The Immokalee Master Plan and Visioning Committee and
The Community Redevelopment Agency Advisory Committee
September 16, 2009 - 8:30 A.M.
Career and Service Center of Collier County
750 South 5th Street, Immokalee, Florida, 34142
A. Call to Order.
B. Roll Call and Announcement of a Quorum.
C. Introductions.
D. Adoption of Agenda.
E. Announcements.
Immokalee Water & Sewer District Grant Awards
F. Communications.
a. August Public Notices
b. August News Articles
G. Consent Agenda.
a. Approval of Minutes.
i. Regular Meeting August 19, 2009 (Enclosure 1)
H. Old Business.
a. Master Plan
i. Immokalee Public Realm & Kiosk
b. FRA Conference (Enclosure 2)
New Business.
1.
a. Stormwater Projects Report (Enclosure 3)
b. IMPVC Sunset
J.
K.
1.
c. Pepper Ranch Event - November (Enclosure 4)
d. Energy Options Conference (Enclosure 5)
Citizen Comments.
l~\O
Next Meeting Date.
Adiournment.
Regular Meeting October 21, 2009 at 8:30 A.M.
Misc. Corres:
Date: l
Item #:
C,pies to'
CRA Governio2 Board
Commissioner
James N. Coletta
Chair
Commissioner
Tom Henning
Commissioner
Donna Fiala
Commissioner
Fred W. Coyle
Commissioner
Frank Halas
CRA Advisor\' Board
~
State Enterorise Zone
Aeencv Board
Fred N. Thomas, Jr.
Chairman
Edward "Ski" Olesky
Capt. Tom Davis
Robert Halman
Ex-officio
Julio Estremera
Michael Facundo
Kitchell Snow
Floyd Crews
Richard Rice
Ana Salazar
Rick Beers
James Wall
Eva Deyo
Master Plan &
VisioniDll Committee
Fred N. Thomas, Jr.
Chairman
Edw...d (Ski) Olesky
Clarence S. Tears. Jr.
Pastor Jean C. Paul
Carrie Williams
Floyd Crews
Pam Brown
Rick Beers
Dick Rice
EstilNull
eRA StalT
Penny Phillippi
Executive Director
239.2522310
Bradley Muckel
Project Manager
239.252.5549
Christie Betancourt
Administrative Assistant
239.252.2313
PECEIVFD IMMOKALEE CRJ\
, _ . , COmmunity Redevelopment Agency
Oel 2 2 2009 i The Plqce to eqll Hamel
~i)8.d (,1 ;::;cunty CommiSSioners
Fiala
Halas
Henning
Coyle
Coletta __
OCTOBER MEETING AGENDA
The Community Redevelopment Agency Advisory Committee,
The Immokalee Master Plan and Visioning Committee and
State Enterprise Zone Development Agency
October 21, 2009 - 8:00 A.M.
Career and Service Center of Collier County
750 South 5th Street, Immokalee, Florida, 34142
8:00 - Light Brealifast/Refreshments
A. Call to Order.
B. Roll Call and Announcement of a Quorum.
C. Introductions.
D. Adoption of Agenda.
E. Announcements.
a. Interim LDC's Passed by the EAC on October 7th
F. Communications.
a. September Public Notices
b. News Articles
c. Schedule for Second Round of Master Plan Sufficiency Reviews
d. FEMA Letter Regarding State Farmers Market
e. Letter of Support for Hodges University, Rural Business Enterprise Grant
G. Consent Agenda.
a. Approval of Minutes.
t. Joint Committee Regular Meeting September 16,2009 (Enclosure 1)
lI. Enterprise Zone Regular Meeting September 16, 2009 (Enclosure 2)
lit. CRA Regular Meeting September 16, 2009 (Enclosure 3)
b. Amendment to the Director's Employment Contract (Enclosure 4a & 4b)
c. R W A September Invoice & Monthly Report (Enclosure Sa & 5b)
d. Fa9ade Program Monthly Report (Enclosure 6)
e. Enterprise Zone Program Monthly Report (Enclosure 7)
f. Enterprise Zone Program Quarterly Report (Enclosure 8) Misc. Cones:
g. EZDA Board Application - Jeffrey Randall (Enclosure 9)Date:
Item II:
IMMOKALEE eRA
Community Redevelopment Agency
iThe pl<lce to C<lll Home'
1 ~Jlosurel ~\~
JOINT MEETING MINUTES
Immokalee Master Plan and Visioning Committee and
Community Redevelopment Agency Advisory Committee
August 19,2009
A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 8:40 A.M.
B. Roll Call and Announcement of a Quorum.
Advisorv BoardlEZDA Members Present:
Fred N. Thomas, Rick Heers, Floyd Crews, Richard Rice, Ana Salazar, Kitchell Snow,
Eva Deyo, Chief Tom Davis, Robert Halman, James Wall, and Edward "Ski" Olesky.
Advisorv BoardlEZDA Members Absent/Excused:
Julio Estremera, Michael Facundo and Richard Rice (left at 9:30).
Action: A quorum was announced as being present.
Immokalee Master Plan and Visioning Committee Present:
Clarence S. Tears, Jr., Edward "Ski" Olesky, Floyd Crews, Fred N. Thomas, Jr., Rick
Heers, Carrie Williams, Jean Paul and Pam Brown.
IMPVC Members Absent/Excused:
Estil Null and Richard Rice.
Action: A quorum was announced as being present.
Others Present: Patrick Vanasse, Tracy Crowe, Ray Kay, Paula McMichael, Jim
Seabasty, Bob Mulhere, Birgit Pauli-Haack, Mitch Hutchcraft, Jeff Randall, Steve Hart,
and Theresa Cook.
Staff: Penny Phillippi and Christie Betancourt.
C. Introductions.
Each person introduced themselves.
D. Adoption of Agenda.
Addition to Agenda.
Action: The Agenda was adopted with the addition of Item H.c. - Immokalee Airport after
a motion by Mr. Crews and a second by Ms. Deyo.
E. Announcements.
The first addition of the lmmokalee CRA Monthly Newsletter was announced.
F. Communications.
a. August Public Notices
b. July News Articles
G. Consent Agenda.
a. Approval of Minutes.
Action: The Minutes of the Regular Meeting July 15, 2009 were approved unanimously
after a motion by Mr. Rice and a second by Mr. Heers.
H. Old Business.
a. Master Plan Review.
I. Transportation Committee Report
Dick Rice, with an assist by Bob Mulhere of RWA reported on the
Transportation Sub-Committee meeting on the creation of a
Transportation Concurrency Exception Area for Immokalee. Tindale-
Oliver will bring back the Sub-Committee's recommendations for a final
review by the full Advisory Board.
16 I 1 ~\O
Enclosure 1
n. Sufficiency Review Meeting Report
Fred Thomas reported that all in-suffiencies were addressed by R W A
and the Master Plan was re-submitted to CDES on August 14, 2009,
well under the 30 day period.
111. Public Realm Plan and Form Based Code.
Via a PowerPoint presentation, R W A's Patrick Vanasse presented a
review of the plans to date, specifically the Plaza Designs and the Main
Street landscaping. With the assistance of Tracy Crowe, he then
presented the Form Based codes with colors, setbacks, etc.
Action: After a motion by Dick Rice that the CRA advisory Board and the IMPVC adopt
as the CRA Vision for lmmokalee, the statement as read aloud by the Executive Director, and a
second by Chief Davis, the new vision was adopted by unanimous vote.
b. Immokalee Business Development Center.
The Executive Director provided copies and a brief overview of the CRA
proposal to the Airport Authority Board as well as that Board's request that a
more detailed proposal be brought back to them at the September meeting.
Action: James Wall motioned that the CRA Advisory Board and the IMPVC support the
Eastern Collier County Chamber of Commerce in its efforts to gain fund from the BCC for the
Business Development Center. Rick Heers seconded the motion and it was passed by unanimous
vote.
c. Airport Authority Discussion.
Mr. Floyd Crews requested that the CRA Advisory Board and the IMPVC create
a letter of confidence in support of the Airport Authority Board and the Executive
Director, Theresa Cook.
Action: Pam Brown made a motion that the CRA Advisory Board and the IMPVC create a
letter of corifidence in support of the Airport Authority Board and the Executive Director,
Theresa Cook Chief Davis seconded the motion and it passed by unanimous vote.
\. New Business.
No new business was presented at this meeting.
\. Citizen Comments.
Ray Kay, Public Adjustor complimented the committees on their work and provided a
brief presentation of his business, offering assistance with distressed properties.
K. Next Meeting Date. September 15,2009 at 8:30 A.M.
1. Adiournment. This meeting was adjourned at 10:50 A.M
2
IMMOKALEE eRA
Community Redevelopment Agency
iThe pbceto Cq[[ Hamel
161
1 ~\O
Certification of Minutes Approval Form
i, Executive tor
ommunity Redevelopment Agency
Approved by:
.,. ct'" ,
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FredN.Tomas~~~Chairlmm
_eoC::::-:--
These Minutes for the September 16, 2009 CRA Advisory BoardlEZDAlIMPVC Meeting
were approved by the CRA Advisory BoardlEZDAlIMPVC Committee on October 21,
2009, as presented.
· The next joint Advisory BoardlEZDNIMPVC meeting will be held November 18, 2009 at
8:30A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee.
** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30
P.M. at the Career and Service Center located at 750 South 5th Street in Immokalee and will be
appropriately noticed and announced in advance of such meetings.
All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee
Public Library and provided to the County Public Information Department for distribution. Please call Christie
Betancourt, Administrative Assistant, at 239-252-2313 for additional information. In accordance with the American
with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie
Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that
members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members
of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment
Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard,
matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board
and Committees from time to time.
IMMOKALEE eRA
Community Redevelopment Agency
iThe PI'lce to C'lll Hamel
1 ~josure ~ ~ \0
JOINT MEETING MINUTES
Immokalee Master Plan and Visioning Committee and
Community Redevelopment Agency Advisory Committee
September 16, 2009
A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 8:45 A.M.
B. Roll Call and Announcement of a Quorum.
Advisorv BoardlEZDA Members Present:
Fred N. Thomas, Rick Heers, Floyd Crews, Richard Rice, Ana Salazar, Kitchell Snow,
Eva Deyo, Mike Facundo, and Edward "Ski" Olesky.
Advisorv BoardlEZDA Members Absent/Excused:
James Wall, Julio Estremera, Chief Davis, and Robert Halman.
Action: A quorum was announced as being present.
Immokalee Master Plan and Visioning Committee Present:
Clarence S. Tears, Jr., Edward "Ski" Olesky, Fred N. Thomas, Jr., Rick Heers, Richard
Rice, Carrie Williams, Jean Paul, Floyd Crews and Pam Brown.
IMPVC Members Absent/Excused:
Estil Null.
Action: A quorum was announced as being present.
Others Present: Bob Soter, Brooke Gabrielson, Mitch Hutchcraft, Felix Medina, Jeff
Randall, and Steve Hart.
Staff: Penny Phillippi, Brad Muckel and Christie Betancourt.
C. Introductions.
Each person introduced themselves.
D. Adoption of Agenda.
Addition to Agenda.
Action: The Agenda was adopted after a motion by Mr. Heers and a second by Mr. Rice.
E. Announcements.
The Immokalee Water and Sewer Districts grant awards.
F. Communications.
a. September Public Notices
b. August News Articles
G. Consent Agenda.
a. Approval of Minutes.
Action: The Minutes of the Regular Meeting of August 19, 2009 were approved
unanimously after a motion by Mr. Rice and a second by Mr. Olesky.
H. Old Business.
a. Master Plan Review.
1. Immokalee Public Realm Kiosk
The Director apprised the Committee that staff would like to create a 3D
video of the public realm plan and would garner price quotes to bring to
the next meeting. She reported that an interactive kiosk is being
constructed and will be on display at the Celebration of Cultures event.
The Committees were informed that a videotographer has been retained
to document the Celebration of Cultures event.
FRA Conference.
The Director reminded the Committees that the FRA Conference is coming up in
October and that staff needs to have a final count of those wishing to attend so
arrangements can be made. The Director was instructed to plan for Thomas,
Williams, Halman, Paul, Rice, Null and Crews.
New Business.
a. Stormwater Projects Report.
Directing their attention to an email from Brandy Otero fin the Stormwater
Department, Ms. Phillippi informed the Committees that a Stormwater project on
W. Eustis Ave. has been permitted and construction will go out to bid in the very
near future. Further, an RFP is being created for the Immokalee Stormwater
Master Plan implementation. The draft has been sent to our funding consultant,
Corbett Alday, with Guardian. We expect that we will begin to see stormwater
improvement occur in 2010.
IMPVC Sunset.
CRA staff informed the Committees that the Ordinance that enables the IMPVC
will sunset in December of 2009. Staff offered the opinion that the IMPVC has
completed its requirements under that ordinance with the submission of the lAMP
and recommended that the Ordinance be allowed to sunset.
Action: Mr. Rice made a motion to allow the IMPVC to sunset. The CRA Advisory Board
requested that the IMPVC members continue to be active participants in the CRA by serving on
standing committees of the CRA Advisory Board. Mr. Crews seconded the motion and it passed
by unanimous vote. Staff was instructed to establish standing committees.
c. Pepper Ranch Event - November.
Staff reported that Conservation Collier is planning another Pepper Ranch Day on
November 21. They want to feature the cowboy days with "A Day at the Ranch".
The event would highlight various aspects of the ranch such as oil and cattle; have
a short hike and a storyteller. Conservation Collier has requested other ideas to
make the event a success.
Energy Options Conference.
The Director informed the Committees that Charlotte County is seeking to be the
Green County for Southwest Florida, essentially hoping to attract the same sort of
businesses we are looking for in Immokalee. She stated that the most important
session at the Conference will be the discussions about Legislative intentions
toward Green Incentives. She asked if there are any members of the CRA
Advisory Board interested in attending this conference.
Committee members interested in attending are Dick Rice and Carrie Williams.
Staff was instructed to make arrangements.
Citizen Comments.
Next Meeting Date.
Adiournment.
I.
J.
K.
L.
J. b j 1 ~ \D
Enclosure 1
b.
b.
d.
October 21,2009 at 8:00 A.M.
This meeting was adjourned at 9; 1 0 A.M
2
IMMOKALEE eRA
Community Redevelopment Agency
j The pl"ce to C"II Hamel
161
1 fx.\O
Certification of Minutes Approval Form
~p~~
Fred N. Thomas, r.,~
-
These Minutes for the September 16, 2009 CRA Advisory BoardlEZDAIIMPVC Meeting
were approved by the CRA Advisory BoardlEZDAlIMPVC Committee on October 21,
2009, as presented.
* The next joint Advisory BoardlEZDAlIMPVC meeting will be held November 18, 2009 at
8:30A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee.
** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30
P.M. at the Career and Service Center located at 750 South 5th Street in Immokalee and will be
appropriately noticed and announced in advance of such meetings.
All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Inunokalee
Public Library and provided to the County Public Information Department for distribution. Please call Christie
Betancourt, Administrative Assistant, at 239-252-2313 for additional information. In accordance with the American
with Disabilities Act, persons needing assistance to participate in any of these proceedings sbould contact Christie
Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that
members of the Immokalee Master Plan and Visioning Conunittee and the CRA Advisory Board are also members
of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment
Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard,
matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board
and Committees from time to time.
161
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMITTEE
2885 Horseshoe Drive South
Naples, FI 34104
October 15, 2009
1~
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes: September 17, 2009
V. Budget Report - Caroline Soto
VI. landscape Maintenance Report - ClM
VII. landscape Architect's Report - McGee & Associates
A. Maintenance Report
B. Doral Circle Entry Renovations
VIII. Transportation Operations Report-Darryl Richard
A. Project Manager's Report
B. Review of the To Do List
IX. Housekeeping Item
X. Committee Reports
XI. Old Business
A. Applicant recommendation for Lely MSTU vacancy
XlI. New Business
XIII. Public Comments
XIV. Adjournment
The next meeting is November 15, 2009 at 4:00 p.m.
CC Transportation Building Misc. Corres:
2885 Horseshoe Drive South [0 l
Date:
Naples, Fl 34104
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C"'piesto'
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GOLF ESTATES BEAUTIFICATION MsfO'!" "
ADVISORY COMMITTEE
2885 Horseshoe Drive South
Naples, FI 34104
16\
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September 17,2009
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Henning
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Minutes
I. Call to Order
The meeting was called to order by Bob Slebodnik at 4:04 P.M.
II. Attendance:
Members: Tony Branco, Robert Cole, Kathleen Dammert (Excused),
David Larson, Robert Slebodnik
County: Darryl Richard-Project Manager, Tessie Sillery-Operations
Coordinator, Caroline Soto-Budget Analyst, Michelle Arnold - Director
ATM, Pam Lulich-Manager Landscape Operations
Others: Mike McGee-McGee & Associates, Jim Fritchey-CLM, Darlene
Lafferty-Mancan, Jennifer Tanner-Applicant, Kelley Bridwell-Applicant
III. Approval of Agenda
Change: VI. Landscape Maintenance Report-CLM moved to IV. A.
Add: VIIl. C. Review applications for Board vacancy
VI. B. Bob Cole Service Award
XI.A. CanalRaHdmcus~on
XI. B. Signage Refurbishment
Tony Branco moved to approve the agenda as amended. Second by
Robert Cole. Motion carried unanimously 4-0.
IV. Approval of Minutes: August 20, 2009
Robert Cole moved to approve the August 20, 2009 minutes as
submitted. Second by Robert S/ebodnik. Motion carried
unanimously 4-0.
A. Landscape Maintenance Report-CLM-discussed under IV. B.
B. Bob Cole Service Award
Michelle Arnold presented a Service Award plaque to Robert Cole on
behalf of the Lely Beautification MSTU, BCC, and ATM.SJ<lf1.tv: his 18
years of service to the Committee and Community. StnaiiKEid Mr.
Cole for his expertise and hard work. Dale:
1
!tem # .__._
161
Robert Slebodnik noted Mr. Cole was very active in the lely Civic
Assoc. and hopes he continues to provide historical data to the Lely
MSTU Committee.
1 k~\
ClM Report
Jim Fritchey reported:
o Regular Maintenance-Ongoing
o Median trimming-UndefWay
o Lightning hit on Irrigation pump-Repaired
o Median #3 Landscape and Irrigation Renovation quote ($4,278.00)
was reviewed (See attached)
- Railing is not included in bid
- FDOT Rail Spec sheet was distributed (See attached)
- Quote is per Contract rates
Darryl Richard requested the $1,550.00 rate amount to adjust existing
Irrigation be broken down into unit cost.
Robert Slebodnik requested ClM to provide the unit cost breakdown
to Staff by next week.
Discussions developed on the Rail Spec sheet.
Tony Branco expressed concern of installing railing on both sides of
the road to be symmetrical as it will block the nice water view. He
suggested the following:
o Install the Rail to conceal the blue pipe
o After installation determine if railing on the water view side is
desirable
Staff and Committee agreed to postpone the installation of railing on
the water view side of the road.
It was determined the Railing Project will start first or second week of
October 2009.
Robert S/ebodnik moved to approve up to $4,278.00 for
beautification of Median #3 to include Landscaping and Irrigation
with the stipulation to install the decorative fence on one side of
the road (to conceal the blue pipe) at the present time. Second by
David Larson. Motion carried unanimously 4-0.
V. Budget Report
A. Budget Committee - Caroline Soto & Bob Cole
Caroline Soto reported the following:
~ Current Ad Valorem Tax shortage $11,790.41
~ Available Operating Expense $75,687.22
~ A September 30, 2009 Budget Report to confirm Fiscal year end
standing will be provided to the Committee
VI. Landscape Maintenance Report-CLM-Previously discussed under IV. A.
2
. VII. Landscape Architect's Report - Mike McGee reported:
. A. Maintenance Report
. Broken sidewalk at Entrance US41 (outbound side)
It was reported the bent stainless steel utility box has not been
repaired by FPL.
Staff will notify Kate Donofrio-FPL.
161
1 ~V\
Mike McGee continued
. Indian wax scale (Dora I) was sprayed with ineffective insecticide
. Committee decision is needed by the October meeting on
caladium change out to winter annuals
B. Doral Circle Entry Renovations-Mike McGee
The following was reported:
. Entrance Project is out for bid
. 2 benches are on order
Follow up on the bench order was requested of Tessie Sillery
. Suggested utilizing an Arborist to assess
Oak Trees (US41 entry)
Mahogany Trees (Forest Hills)
Black Olive Trees located at Median #2 and shopping center
Staff will request a quote from CLM for Arborist Services.
VIII. Transportation Operations Report
A. Project Managers Report - Darryl Richard reviewed the Project
Status Report. (See attached)
-9- (L-47) Installation of MixinQ Chamber
- Design is underway
- Alternate water source has not yet been determined
- 120 day timeline
-9- (L-44) Doral Circle "North" - Entrance Landscape Proiect
- Bids will be provided at the October meeting
-9- (L-45) McGee Annual LA Services
- BVO (Best Value Offer)
- 2 responses were received
Mike McGee noted McGee and Associates did not receive
notification of the BVO.
Staff will confer with Purchasing on lack of notification to McGee
and Associates.
B. Review of the To Do List (See attached)
. (Item 1) Decorative Liaht-Hart's Electric (2) quotes were submitted
and discussed. (See attachments) It was noted coordination with
Storm Water is required.
The Committee perceived the Project as costly and uncertain if a
bench light is justified.
3
. (Item 2) Solar Liaht-
- It was established the battery is operational
- Testing is required to confirm the Light bulb is burned out
- Palm frond over the solar panel requires trimming
. (Item 6) FPL damaae to Irriaation on St. Andrews-
- Sod repair is incomplete
- Staff will notify Kate Donofrio-FPL
. (Item 7) Irriaation Inspection
- 2 hit controllers were replaced
- Testing of rain sensors is required
. (Item 5) Subroaation Recovery
Robert Slebodnik noted a traffic report was filed as 2 autos were
severely damaged during the accident. Additionally he reported the
license number from the initiating auto.
. (Item 8) Refurbishment of Sianaae at Doral Entrance & Forest Hills
@ Auausta-Signcraft (2) quotes total $400.00 was reviewed (See
attached)
161
1 ~\\
Tony Branco moved to approve sign cleanup at the two locations
for a total of $400.00. Second by David Larson. Motion carried
unanimously 4-0.
C. Review applications for Board vacancy
Darryl Richard introduced applicants Kelley Bridwell and Jennifer
Tanner. (See attachments)
It was concluded the Committee will announce their recommendation
for the vacancy at the October meeting.
Jennifer Tanner stated she has a degree in accounting, is a Property
Manger (5 years), and served on the Civic Assoc. Board (8 years.)
Kelley Brindwell noted she previously managed Properties and is an
Interior Designer. She has an eye for aesthetics and a vested interest
in the community.
IX. Housekeeping Items-None
X. Committee Reports-None
XI. Old Business
A. Canal Rail discussion-previously discussed IV. B.
B. Signage Refurbishment-previously discussed under VIIl. B.
XII. New Business-None
XIII. Public Comments-None
There being no further business to come before the Committee, the
meeting was adjourned by the Chair at 5:17 P.M.
4
161
Lely Golf Estates Beautification
MSTU Advisory Committee
(W~44
Robert Sle6odnik, Chairman
These minutes ap!OVed by the Committee on
as presented or amended
The next meeting is October 15, 2009 at 4:00 p.m.
CC Transportation Building
2885 Horseshoe Drive South
Naples, FL 34104
5
1 \k ,\
161
1 ~'A
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMInEE
2885 Horseshoe Drive South
Naples, FI 34104
September 17,2009
Summary of Minutes and Motions
III. Approval of Agenda
Change: VI. Landscape Maintenance Report-CLM moved to IV. A.
Add: VIIl. C. Review applications for Board vacancy
VI. B. Bob Cole Service Award
Xl. A. Canal Rail discussion
XI. B. Signage Refurbishment
Tony Branco moved to approve the agenda as amended. Second by
Robert Cole. Motion carried unanimously 4-0.
IV. Approval of Minutes: August 20,2009
Robert Cole moved to approve the August 20, 2009 minutes as
submitted. Second by Robert S/ebodnik. Motion carried
unanimously 4-0.
elM ReDort
Median #3 landscape and Irrigation Renovation quote ($4,278.00) was
reviewed (See attached)
Robert S/ebodnik moved to approve up to $4,278.00 for
beautification of Median #3 to include Landscaping and Irrigation
with the stipulation to install the decorative fence on one side of the
road (to conceal the blue pipe) at the present time. Second by David
Larson. Motion carried unanimously 4-0.
VIII. Transportation Operations Report
B. Review of the To Do List (See attached)
Refurbishment of Signage at Doral Entrance & Forest Hills @ Augusta-
Signcraft (2) quotes total $400.00 was reviewed (See attached)
Tony Branco moved to approve sign cleanup at the two locations
for a total of $400.00. Second by David Larson. Motion carried
unanimously 4-0.
- 1 -
161
1 1\\(
September 17, 2009
Lely MSTU "To Do List"
I. New decorative light; @ bench @ Buena Vista nursing home. - Black Lumec
Status: Received 2 quotes from John Hart - Hart's Electrical; $10,340 for directional bore;
and $7,126.15 for trenching
Staff recommends these figures be noted as 'budget' figures for use in future coordination
with Stormwater in noted LASIP Project; potential conflict with Stormwater Project Plans
will require negotiation/coordination with Stormwater and location of 'beautification'
elements/installations in the landscape near the canal.
2. Solar light
Light pole has been painted green per Committee request, however, light is not working
properly
Status:
9-17-09: Hart's electrical is coordinating with the manufacturer for alternative light bulb
specifications. Electrical components appear to be operational per manufacturer
recommendations.
3. Subrogation Recovery: Accident 859; damage amount: $515.00; Median #8 on St.
Andrews
Status: Landscape Repair Completed (CLM Estimate EI002519); No Traffic Accident
report found to match damage - subrogation (insurance recovery pending)
4. Subrogation Recovery: Accident 864; damage amount: $612.00; Median #8 on St.
Andrews
Status: Landscape Repair Completed; (CLM Estimate EI002524) No Traffic Accident
report found to match damage - subrogation (insurance recovery pending)
5. Subrogation Recovery: Accident #770; damage amount: $436.26; Median #14
Pebble Beach
Status: Landscape Repair Completed; No Traffic Accident report found to match
damage - subrogation (insurance recovery pending)
6. FPL damage to irrigation on St. Andrews:
Status: 9-17-09: FPL had repaired the irrigation damage; confirmation of 'sod repair'
pending inspection. Staffwill inspect with CLM on 9-17-09 inspection.
7. Irrigation Inspections - Coordination with Roger Dick, Irrigation Project Manager
Status: Per request the existing irrigation 'rain sensor' is to be inspected; CLM to
report on status of rain sensor operation; Roger Dick has been sending weekly 'alarm
reports' for irrigation control system;
8. "New Item - Refurbishment of Signage at Doral Entrance & Forest Hill @
Augusta (Per staff inspection with Tony Branco)
Status: 9-17-09: Inspection indicates refurbishment of the 2 signs noted is warranted.
S ignCraft has inspected and will provide quote for Committee review.
161
1 fY\\
Report Date: September 17,2009
Lely MSTU Project Status
(L-47) ACTIVE - Installation of Mixing Chamber
Recommendation from McGee & Associates to have Committee consider alternative 'source' for water and utilize
a 'mixing chamber' to allow the Committee to switch from re-use water to either potable water or well water.
8-20-09: McGee & Associates Proposal (dated 7-29-09); $3,876.00 total proposal
9-17-09: Po 4500110200 & Notice to Proceed sent to McGee for completion date of January 16,2010.
(L-46) ACTIVE _ Relocation of Irrigation Pump (Warren Street) to 'outside' of Utilities Facility; McGee
Services under Landscape Architectural Services Fixed Term;
7-23-09: Based on official request from Utilities Department on July 16,2009 that Lely MSTU 'move the pump
outside of the utility sub-station' staff has investigated the site with McGee & Associates and is coordinating with
Utilities in (1) moving the pump outside of the sub-station; and (2) re-connecting with a new 'tap' the service line.
8-20-09: McGee & Associates Proposal (dated 7-29-09); $2,340.00 total proposal
9-17-09: Po 4500110201 & Notice to Proceed sent to McGee for completion date ofJanuary 16,2010.
(L-46) ACTIVE _ Median No.3 Project - McGee Services under Landscape Architectural Services Fixed Term;
7-16-09: McGee presents "concept plan" to the Lely MSTU Committee
7-27-09: Delivery of electronic copy of plans is pending from McGee's office for CLM to provide quote per
maintenance contract. eLM quote for installation cost pending.
7-27-09: Staff submittal of ROW Permit Application for the FDOT Type rail confirmed with ROW Dept.
8-20-09: Staff added additional information to ROW Permit Application; Permit Issue pending.
9-17-09: ROW Permit #09-0341-E issue for project. CLM to provide quote per Committee request.
(L-44) ACTIVE -Dora I Circle "North"- Entrance Landscape Project (adjacent to Hibiscus Golf Property)
McGee Proposal Submitted (dated 11-20-08)
7-16-09: ROW Plan review progressing; Comments received from Traffic Operations
7-27-09: ROW Permit issue is pending; Plans are at Traffic Operations under review.
8-20-09: ROW Permit #09-0303-E is pending issue for project
9-17-09: Project Bidding currently in progress.
(L-43): REACTIVATED -Dora I Circle Hedge Project; Rattlesnake Hammock Wall and Landscaping
7-27-09: Staff is currently investigating condition of po do carpus shrubs.
8-20-09: Hannula Landscape to continue treatment of shrubs for 'wax scale' found on podocarpus.
9-17-09: Hannula Landscape is required to treat for 'wax scale' (found to be spreading) and replace noted 14
shrubs in dead/declininglbrown condition.
(L-34) _ ACTIVE _ On Going - Ongoing Maintenance Contract: Commercial Land Maintenance;
7-27-09: Commercial Land Maintenance has trimmed all shrubs to required specification of "Cut to 18 inches
and maintain at 24 inches"; Staff will inspect the project on a 'weekly basis'; Contractor is to provide service
reports within 12 hours of completion of any contract service.
(L-45) ACTIVE _ On Going - McGee Annual LA Services - Landscape Architectural Services Fixed Term;
6-24-09: Purchasing Department to attend July 16, 2009 meeting to review services under RFPIBID # 08-5060
7-16-09: Lely Committee makes motion to direct staffto proceed with BVO Process and include 2 representative
members of the MSTU Committee (Bob Slebodnik, David Larson) and also one representative from the Lely
Civic Association. Staff will coordinate with the Committee on this request.
8-20-09: BVO Draft is 'in process'; Confirmation of Le1y Civic Association representative for BVO Selection
Committee is pending.
9-17-09: 2 Firms submitted proposals to serve Lely MSTU Committee: Urban Green (Dayna Frendrick, RLA);
and Windham Studios (Scott Windham, RLA)
MEMORANDUM
161
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DATE:
August 28, 2009
FROM:
Tessie Sillery, Transportation~
Sue Filson, Executive Manag
Board of County Commi...'lion ~
TO:
RE:
Lely Golf Estates ~ntification AdvisoIY Committee
As you know, we currently have vacancies on the above-referenced advisoIY committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Kelley Bridwell
102 Willow Creek Lane
Naples, FL 34113
Jennifer Tanner
297 Bay Meadows Drive
Naples, FL 34113
Please let me know, in writing, the recommendation for appointment of the advisoIY committee
within the 41 day time-ftame, and 1 will prepare an executive summary for the Board's
consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize the appIieaDta in areas of expertise. If you have any questions, please call me
at 252-8097.
Thank you for your attention to this matter.
SF
Attachments
161
filson s
1 ~\\
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Subject:
JennTann13@ao1.com
Wednesday, August 19, 2009 3:09 PM
filson s
New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)252-8606
Application was received on: 8/1912009 3:08:36 PM.
Name: ~ennifer Tanneq Home Phone: t239-732-81O~
Home Address: 1297 Bay Meadows Drivel
City: lNaple~ Zip Code: ~41131
Phone Numbers
Fu: ~39-732-81 09j Business: t239-404-889~
.Mail Address: ~ennTannI3iliiao1.coml
Board I Committee Applied for: ILely Golf Estates Beautification AdvisorY!
Category: !Not indicated!
Work Place: lselfEmployed Property Manage.j
How long have you lived in Collier County: ~
Have you ever been convicted of any oft'eue apinst the law? ~
!Not Indicated!
Do you or your employer do buiness with the County? ~
!Not Indicated!
.
NOTE: All advisory board members must update their profile and notify the Board of County
Commissioners in the event that their relationship changes relating to memberships of
organizations that may benefit them in the outcome of advisory board recommendations or they
enter into contracts with the County.
Would you and/or any organizatioBs witb whom you are aftiIiated beBefit from decisions or
1
retommendations made by this advisory board? ~
~ot Indi~'
Are you a registered voter in Collier County? ~
Do you currently hold public office? ~
Do you currently or ever served on a Collier County Board or Committee? ~
!Not Indi~
Please list our commun" activities:
oard of Directors of Lei Civic Assn for 7
Administmto
Edueation:
IB.A. Accounting - Marian University, Indpls., Ind~
161
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2
since A
161
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Subject:
keUeyblidwelt@gmail.com
Wednesday, August 26, 200911:56AM
fItsons
New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples. FL 34112
(239)252-8606
Applieation was received on: 81261200911:56:08 AM.
Name: !Kelley Bridwel~ Home Phone: ~39-248-65211
Home Address: II 02 Willow Creek Lanq
City: lNaple~ Zip Code: lEill
Phone Numbers
Fax: Business: 1239-514-123~
_Mail Address: ikellevbridwell(a>.gmai1.coml
Boanll Committee Applied for: trhe Lely Golf Estates Beautification Advisory Committee!
Category: INot indicated!
Work Place: Ioesign Group WesJ!
How long have you lived in Collier County: ~
Have you ever been convicted of any offense against the law? ~
INot Indicated!
Do you or your employer do business with the County? ~
INot Indicated!
.
NOTE: All advisory board members must update their profile and notify the Board of County
Commissioners in the event that their relationship changes relating to memberships of
organ;7at;ons that may benefit them in the outcome of advisory board recommendations or they
enter into contracts with the County.
Would you and/or any organizations with whom you are aftiliated benefit from decisions or
1
recom.mendations made by this advisory boanl? ~
161
1 ~\\
.ot Indica~
:Are you a registered voter in Collier County? ~
Do you currently hold public offiee? ~
Do you currently or ever served on a Collier County Boanl or Committee? ~
!Not Indicated!
Tennessee Technolo ocaI Univer.ri Licensed State ofFlon
.
2
fllson s
161
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Subject:
keIleybridweIl@mail.com
Wednesday, August 26, 200911:56 AM
fiIson s
New On-Hne Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)25U1606
Applieation was received on: 81261200911:56:08 AM.
Name: !Kelley Bridwel. Home Phone: 1239-248-65211
Home Address: 1102 Willow Creek Lanej
City: \Naple~ Zip Code: ~41131
Phone Numbers
Fax: Business: 1239-514-123~
.Mail Address: ~elleybridwell(ij)gmail.coml
Board I Committee Applied for: lfhe Lely Golf Estates Beautification Advisory Committee!
Category: !Not indicated!
Work Place: !Design Group West!
How long have you lived in Collier County: H]
Have you ever been convicted of any offense against the law? ~
\Not Indicate~
Do you or your employer do business with the County? ~
\Not Indicatedj
.
NOTE: All advisory board members must update their profile and notify the Board of County
Commissioners in the event that their relationship changes relating to memberships of
organizations that may benefit them in the outcome of advisory board recommendations or they
enter into contIacts with the ColDlty.
Would you and/or any organizations with whom you are aft'iliated benefit from deeisions or
1
rerom.mendations made by this advisory board? ~
161
1
~\ \
.ot Indicated!
~re you a registered voter in Collier County? ~
Do you currently hold public office? ~
Do you currently or ever served ou a Collier County Board or Committee? ~
lNot Indicated!
Educatiou:
helors of Science - Human Ecolo Tennessee Tecbnolo ocal Universi Licensed State ofFlon
uni Association
.
2
Aug 26 09 09:53a
John Hart
161
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p.1
239-353-7187
HART'S ELECTRICAL INC
John W. Hart
281 27th St NW
Naples, FL 34120
Vendor#115198
Customer Name
Address:
City, State Zip
Contact:
Phone#
Fax #
smail:
Job Description:
Materials
Labor Regular Hours
Service Truck
Permit allowance
Directional Bore BO'
Total;
(239) 353-7187
(239) 564-0003 Cen
PROPOSAL
I .
Collier County Lely MSTU Estimate Date:
S. Horseshoe Dr
Naples FL 34104
Danyl T. Richart! ,
252-5775' !Cell 253-9083
252..0219 .
DarrvIRlchard~ilierab".net
0B!26/09
Add new LUMec Light by Bench, ST Andrews
Directional Bore complete CQndu~ Run.
Provide and install Concrete Base and Bolts for Light
Pull in three #10's to feed new Light
Provide and install Fuse Holders for Ligh!.
LeIy MSTU to provide Lumec Fixture.
Right of way Permit not included in Cas!.
40 hours @ $50,00 per hour'
20 hours @ S8.QO per Hour i
. i
$780.00
$2,000.00
$160.00
$400.00
$7,000.00
$
10,340.00
",:"T~'C Fe:: .... !"'I-'7> ..-~. ~....... ~ . 1'i!l"!"~"''''''''~~''3 r.,.,.~ ""'!l...~,.,.~r. .......; .. ~..' ,..
~..l_ '-:'<:.. .~__f._ _..._~: WoW'. .":~.... ........ _ ~b__CO.c,;:r~c.E'.'r..JO".
...o~) 3_')~H oe char~at;; ~'Y "(~1e :~ot.::~_ i I
All material is guaranleed to be as sPecified: All work 10 be completed in a workmanlike manner
ao:ording 10 standard practices. Any _ration or deviation from !he above specifications invoMng extra
costs. will be executed only upon written ord"", and will become en extra charge over and above the
estimate. All agreements are contihgl>nl upon Slrikl.s, accident '" delays beyond our control. This
, .
proposal is subject 10 acceptance within !hitty (30) days a net is void thereafter at the option of the undersigned.
Authorjzed Signature
ACCEPTANCE OF PROPOSAL
The above prices. specifICations and conditions arEI hereby accepted. You are authorized 10 do the work
as specified, Payment will be made as outli~ above.
ACCEPTED:
Dale:
SignallJre
..,.,~O-;
161
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Aug 26 09 09:53a
John Hart
239-353-7187
p.2
HART'S ELECTRICAL INC
John W. Hart
281 27th St mv
Naples, Fl 34120
I '
(239) 353-7187
(239) 564-0003 Cell
Vendor#115198
Customer Name
Address;
City, State Zip
Contact
Phone#
Fax #
email:
08126/09
Job Description:
Materials
labor Regular Hours
Service Truc:k
Pennit allowance
Directional Bore 80'
80 hoors @ 550.00 per hour
40 hours @ $ 8,00 per hour .
$806.15
$4,000.00
$320.00
$400.00
$1,600.00
Total:
$
7,126.15
T:.~s ~ a: ;'lot tc ~~ceed es~i~etG ?o: bu;j~eu co~~(le':El~~:>:;:.
Jcrt:. sh~n ce c~T~9rj ht: ~-:e ;iCU:". !
I '.
All material Is guaranteed 10 be as Specified.. All Work to be completed in a workmanlike manner
according to standard practices. Any alteration Dr deviation from 1I1e above spedfications involving extra
costs, wi. be executed only upon Written orders, and' will become an extra charge over and above Ihe
. ,
estimate. An agreements are con'~t upon alrikes, accident or delays beyond our control This
proposal Is SUtljed 10 acceptance wilhl"l1l1lrtY (30) ~ays and is void thereafter at !he option ofthe undersigned.
Authorized Signature
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are hereby accepted. You are authorized to do lt1e work
as specified. Paymenl will be made as OOtIined above.
ACCEPTED;
Date:
Signature
~ ~""U-/
1
161
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RichardDarryl
From:
Sent:
To:
Cc:
Subject:
reception@signcraftofnaples.com
Wednesday, September 16, 2009 1:10 PM
RichardDarryl
tjbvista@earthlink.nel
Sign Refurbishment
Genllemen:
After inspection of the signage, we have the following proposal:
- Doral Entrance
Copy is loose on one side, secure with rivets, nuts and bolls to base
Price: $190.00
- Augusta & Forest Hill
Remove paint and clean up faces
Price: $210.00
Can be done within the next few days.
Please advise.
With kind regards,
Klaus Haasemann
I am using the Free version of SP AMfighter.
Weare a community of 6 million users fighting spam.
SPAMfighter has removed 3369 of my spam emails to date.
The Professional version does not have this message.
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II
Commercial Land Maintenance
Full Service Landscape Management
EST!MA Tio.
E1002707
3980 Exchange Avenue. Naples, FL 34104
Office: (239) 643.6205 . Fax: (239) 643.5022
E-mail: info@commlandmaint.net
CUSTOMER NO.
BILL TO:
CoIlier County Dept of Transportation
3301 East Tamiami Trail
Naples, FI34112
LEL Y _ MEDIAN #!J LANDSCAPE & IRRIGATION RENOVA T ON
I. SITE DEMOLITION, PREPARATION AND DISPOSAL
1 1. Prepare site per notes, plans and/or specifications. 1,000.0 1,000.00
SUBTOTAL SECTIONS I: $1,000.00
II. PLANT MATERIALS (plant unit prices to include backfill
and/or planting soil mix per specifications)
TREESJPALMS
1 1. IE-lIIex allenuata, East Palatka "Holly" 10'-'12' oa hI. 350.00 350.00
1 2. SP-Sabal palmello, Cabbage-Palm, 10' Clear Trunk (ct) h , 300.00 300.00
no bum
1 3. LS-Lagerslroemia speciosa, Queen Crape, 10' - 12' oa. ht ,8' 290.00 290.00
spr. Multi-lrunk 3 min.
SHRUBS/GROUNDCOVER
26 1. EK-euphorbia milii 'Kronis', Pink dwarf Crown of Thorn, 1 aI., 8.00 208.00
6" htlspr., 30" oc
15 2. BD-Bougainvillea 'Helen Johnson', Dwarf Bougainvillea, 3 16.00 270.00
gal., 16' ht/spr., 4' oc
62 3. MULCH Eucalyptus Transportation Blend 4" Depth, 2 cu. 5.00 310.00
bags
SUBTOTAL SECTION II: $1,728.00
TOTAL
THANK YOU! WE APP,ltli,p{lTE YOUR BUSINESS
PLEASE NOTE PAYMENf''fERMS ON REVERSE SIDE
1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID
16'
I P<\\
Oommercial Land Maintenance
Full Service Landscape Managemenl
ESTIMA TqO.
E1002707
3980 Exchange Avenue. Naples, FL 341.04
Office: (239) 643.6205 . Fax: (239) 643.5012
E-mail: info@comm/andmaint.net
CUSTOMER NO.
BILL TO:
Collier County Dept of Transportation
3301 East Tamiami Trail
Naples, FI34112
1
III. IRRIGATION MATERIALS
Adjust existing irrigation for 100% coverage
1,550.0
1 ,550.00
IV. SITE MATERIALS & IMPROVEMENTS
1. 54" HT. Aluminum PedestrianlBicycle Picket railing per F OT
index 860 60 l.F.
2. Powder coat-color (green) to be determined. See plans ~ r
specifications. 60 l.F.
SUBTOTAL SECTION III: UNABLE TO PROVIDE AT THIS
TIME
NOTE: PER JIM FRlTCHEY'S CONVERSATION WITH
DARRYL - OK TO SUBMIT COST FOR SECTION IV. SITE
MATERIALS & IMPROVEMENTS LATER. PRICE WILL BE
TIME AND MA TERIALS (MATERIALS AT COST PLUS 25%
TOTAL LANDSCAPE & IRRIGA TION BASE BID: UNABLE T
PROVIDE AT THIS TIME
TOTAL
$4,278.00
THANK YOU! WE APP,!I.Jj[;lfTE YOUR BUSINESS
PLEASE NOTE PAYMENT'fERMS ON REVERSE SIDE
1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID
1~)~~
COLLIER COUNTY LIBRARY ADVISORY BOARD
RECEIVED
OCT 2 3 2009
Wednesday, October 21, 2009 at 10:00 a.m.
;_q,.",-J'," "il!li'~ Cnr:.rn'S"'\r)[W',.
Headquarters Librarv
AGENDA
Call to order
Approval of Minutes
Literacy Program Report
Report of Officers
Communications
a - Written
b - Personal
Unfinished Business
1. Employee of the Month - October
2. Old GG Library Building
3. Rose Hall
4. South Regional
5. Policies - Fines/Fees
6. Director's Conference
New Business
General Considerations
Director's Report
Report of the Friends
Adjournment
Fiala
Halas
Henning Y
Coyle
Coletta _~ ctF
Item#.
'..-,
161
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Naples, Florida, September 16, 2009
LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 10:00 a.m.
in the Headquarters Library with the following members present:
CHAIR: Doris J. Lewis
VICE-CHAIR: Loretta Murray
Gina Downs
Rochelle Z. Lieb
ABSENT: Connie Bettinger-Hennink
ALSO PRESENT: Marilyn Matthes, Library Director
Linda Fasulo, Executive Director, FOL
Carla Grieve, Member, FOL Board of Directors
Roberta Reiss, Literacy Program Coordinator
Luz Pietri, Administrative Assistant
APPROVAL OF MINUTES
Mrs. Lewis asked for comments or corrections to the minutes of August 19, 2009. There being none,
Mrs. Lieb moved, seconded by Ms. Downs and carried unanimously, that the minutes be approved as
submitted.
LITERACY PROGRAM REPORT
Mrs. Reiss stated that their morning conversational classes are going very well and that the evening
ones are going a bit slow. She mentioned that she was excited about one particular family who have
been studying with her for nine years and are now preparing to take their citizenship test. Mrs. Fasulo
offered to print a story about it in their newsletter. Others thought that a story in a local TV Channel or
in the Community Events section of the Daily News would be a good way to promote the Library.
REPORT OF OFFICERS - None
COMMUNICATIONS - None
UNFINISHED BUSINESS
The Board reviewed the nominations submitted for selection of the Library's Employee of the Month.
Mrs. Lieb moved, seconded by Mrs. Murray and carried unanimously, to select Karen Kocses, Librarian
at the Estates Branch, as EOM for September 2009.
Mrs. Matthes reported that the ground lease for the old Golden Gate Library building is 'on hand'. The
211 Service is also proceeding well. This service will be connected with the Miami-Dade system. The
Library is trying to find the space for this project. She also stated that she had spoken to the local group
for the visually impaired and they will consider raising money for the matching funds needed for an
equipment grant.
161
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In reference to the Rose Hall, Mrs. Matthes stated that the Marco Island Branch Library will have to be
closed for the entire month of September for building renovations.
In reference to the FY '10 Budget, Mrs. Matthes reported that the County Manager had sent out a
memo stating that no expenditures would be allowed for the first few months of the fiscal year, except
for salaries and utilities.
In reference to the South Regional Library, Mrs. Matthes stated that all the furniture had been received,
10,000 new books had been added to the collection and that their July circulation had exceeded that of
East Naples, where circulation went down by 40%. She also added that there are some problems with
landscaping, whereby some trees had been planted too close to the building. Also, the signage should
be up soon.
In reference to the Policies, Mrs. Matthes handed out copies of the Fines and Fees Schedule for their
perusal. She wanted the Board members to look them over and make suggestions or approve the
requested changes at the next meeting.
NEW BUSINESS - None
GENERAL CONSIDERATIONS
Mrs. Lewis commented that when LAB members speak with Commissioners or other county officials,
they should let the person know that they're not representing or speaking for the Library Advisory
Board, but rather voicing their personal thoughts, unless the LAB has voted on a particular issue.
DIRECTOR'S REPORT
Mrs. Matthes stated that the North Naples Citizens Group would be presenting another check to the
BCC this month to pay salaries for two additional staff members at the Vanderbilt Beach Library for 6
months. Mrs. Matthes stated that the Library staff has been researching the potential costs of self-
service check-out stations for use by the public. As part of the process, staff is also considering potential
service enhancements for Library users. Mrs. Matthes also commented that first run movies are now
being offered to TV at the same time as movie theaters, so she thinks that DVD circulation might
eventually disappear. She commented that Ben & Jerry's Ice Cream has offered coupons to be
distributed to Library users. She also commented that circulation figures will exceed last year's
considering recent library closings and cut in hours. The Library has received complaints about the Mail-
A-Book Service being too slow and Mrs. Matthes explained that, at this point, there's not much we can
do to speed it up. Lastly, Mrs. Matthes stated that she would be attending this year's Library Directors
Conference in Tallahassee from October 7'h to the 9'h.
FRIENDS OF THE LIBRARY
Mrs. Fasulo reported that the Friends have grossed $110,000 from the Lecture Series; 430 seats have
been sold for the full series. She commented that one of the scheduled speakers, Dennis Lehane, might
have to change his speaking date. She also stated that the Friends had contracted with the Abovewater
Public Relations/Marketing Company to work with them on public relations. The Friends have also
agreed to match funds for the Broadband Stimulus Grant the Library has applied for. Mrs. Fasulo
reminded the Board members about the upcoming Red, White and Roulette Casino Night fund raiser and
161
stated that the Friends were looking for more table sponsors. Lastly, she stated that their fiscal year
starts on October 1" and new officers are elected then.
ADJOURNMENT
There being no further business to come before the Library Advisory Board, Ms. Downs moved,
seconded by Mrs. Lieb and carried unanimously, that the meeting be adjourned. Time: 11:55 a.m.
Approved by:
Q a-'th \. n
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Doris J. Lewis
Chair, Library Advisory Board
1 ~\'V
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RECEIVED
OCT 2 0 2009
THE OCHOPEE FIRE CONTROL DISTRICT
ADVISORY BOARD MEETING
HELD ON MAY 18, 2009
Fiala
Halas
Henning
Coyle
Coletta
S('i~
'" ,,;il' , '., .l'i\'(Hl',lrll~:;IOn0r'S
In attendance were the following:
Alan McLaughlin, Fire Chief
Mitchell Roberts, Chairman Copeland
John Pennell, Plantation Island, Advisory Board Member
James Simmons, Port of the Islands, Advisory Board Member
Darcy Kidder, Everglades City, Advisory Board Member
Macbeth Collins, Everglades City, Advisory Board Member
APPROVAL OF MINUTES:
John Pennell made a motion to accept the minutes James Simmons seconded and the motion
was passed.
OLD BUSINESS
E-Mail Regarding Macbeth Collins (Attached):
Mitchell Roberts - He briefed Macbeth Collins regarding the attached e-mail. The Advisory
Board sent a letter to the County in regards to his position on the Advisory Board. They wanted
him either replaced or get him to the meetings or decide whether his position was still filled.
Then he read the attached e-mail aloud and it did state his term was up in Decemher. He asked
Macbeth Collins if he was going to stay on till December.
Macbeth Collins - Said yes.
Chief Alan McLaughlin - He stated that the Advisory Board has a set of bylaws and one of them
is that you are not allowed to miss more than two meetings a year accept for exceptions.
Macbeth Collins had only attended four meetings in a year.
Mitchell Roberts -Invited him to continue on and encouraged him to attend future meetings.
Macbeth Collins - One of the meetings he came to had been canceled. He went on to ask if
they were going to break for the summer.
Page 1
Misc. Cortes:
0"': ~ 0 1
ftem # (
:- ~ries to
161
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Chief McLaughlin - He said it was noted about the canceled meeting that was not held against
him. He left it up to the board as to whether they wanted to break for the summer or not. He
suggested that they could bread for the summer but if an issue comes up that they need to
address they could set up a meeting. They seemed to agree with that but they were going to
vote on it later in the meeting.
Mitchell Roberts - He was at a loss regarding Macbeth Collins' position because it was a City
position with the other board members if they miss two meetings they're out.
Macbeth Collins - He was filling in for David Loving.
Chief McLaughlin - He explained that his position is appointed and governed by City Hall but
the other members cannot miss two meetings or they are out.
Mitchell Roberts - Just try to be here and asked him if the times were bad can they change
them.
Macbeth Collins - He said it is a little early in the summer time he will be here but in the winter
time six o'clock is impossible. This season he had to work Monday Tuesday and Wednesday.
Mitchell Roberts - When the season kicks back in we could look at changing the time.
Macbeth Collins - He said 7PM or 8PM would be better for him.
Mitchell Roberts - When we meet back we can address that maybe even change the day during
the season. They are going to leave date and time open when they convene next October.
They are going to try to accommodate Macbeth Collins so that he can attend more of the
meetings during the stone crab and fishing season.
Budget 2010:
Chief McLaughlin - There is a proposed budget and the final budget hearing will be in
September. It Is pretty lean we did a lot of cutting back and stream lining. We managed to get
it in but it is very tight budget.
Mitchell Roberts - When we re-convene after the summer we will be able to take a look at
those actual numbers.
Chief McLaughlin - He said we probably need to re-convene in September after the final budget
has been approved. It has already been approved by the County Manager's Office. He doesn't
expect any changes,
Page 2
161
1 ~\3
Mitchell Roberts - He revisited the budget process to make sure he was clear on it. The County
says how much we are allowed to spend and we have to place it Into different categories
showing them how we are going to spend the funding.
Chief McLaughlin - Our budget is based on expected revenue that is usually generated from the
previous two years as to what has been paid in property values so when the property values
dive that goes in the opposite direction. Your expected budget goes down because your
revenue is less because of devalued property at a lower tax rate so Instead of a 10% or 1S%
reduction you end up with 23% which is a quarter of your budget which is huge. We did a lot of
stream lining we are in good shape. We have fairly new equipment in the last two years we
have replaced a lot of it. We have all new vehicles as well we just might have some minor
repairs that will be made. The other station is up and running and he does not fore see any
major expenditure. He feels we should be able to ride this out for a couple of years.
Mitchell Roberts - He said his property value was not down and that he didn't think anyone at
the meeting from our area had a reduction in value either.
Chief McLaughlin - He said everyone he has spoken to has not seen a reduction so where is this
coming from we haven't figured that out. No one has been able to show him how much or
where the monies have been lost regarding property values.
James Simmons - With homestead exemption which most of us are on we don't reduce as fast
so it doesn't go up as fast either.
Chief McLaughlin - The climb back is very slow.
Port of the Islands Lease & Resolution set for BCC Meeting 5-26-09:
Chief McLaughlin - Finally after much deliberation this will go before the Board on 5-26-09 and
he is pretty sure it will pass. Once we get the ok the purchase order will be cut for the
remodeling and hopefully In 30 to 60 days we will open the Port of the Islands Station.
James Simmons - He wanted to know when during that 30 to 60 days they were going to start.
Chief McLaughlin - He said that when the Lease and Resolution are approved on Tuesday we
will cut the PO the next day and they will begin the renovations Immediately. He was told they
can complete it within 30 to 60 days.
James Simmons - Do you feel confident.
Chief McLaughlin - He finally feels confident. The purchase of the new building delayed this
project.
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Mitchell Roberts - He said he attended the annual four year review for the Advisory Boards and
he didn't need to be there. If the board felt they were not productive then they would need to
appear to advise the County Commissioners but otherwise there is no need for them to appear
for this event.
DOF Grant and 001 Grant:
Chief McLaughlin - We were awarded the OOF Grant in the amount of $11,750 and the board
has accepted the award. He went on to explain that with grants we have to ask approval of the
Board of County Commissioners to apply for the grant and to accept the award if one Is given.
The monies will be used to refurbish the two 6x6 vehicles on loan from OOF. The money will be
used to install metal cabs, new pumps, and tanks, everything needed to rebuild these trucks.
The DOl Grant has been processed the purchase order opened and purchases made. He went
on to explain that the DOl has five bureaus and all five agencies have rural assistance. This last
one we were approved up to $120,000 for five years we just have to reapply. This other one is
Through the Bureau of Land Management we are going to ask for $30,000 to outfit and re-
outfit our VHF Radios and portables, We have to meet a new P25 digital standard so now those
radios are $2,000 instead of $700 a piece. They have narrowed down the VHF Band for
everybody. We are asking for this Grant because we deal with the Federal Government and
they use VHF Radios so we may very well get it.
FEMA Grant:
NEW BUSINESS:
Chief McLaughlin - The FEMA Grant was submitted yesterday in the amount of $230,000 to
replace the tanker that is 20 years old and out of service.
Mitchell Roberts - He wanted to talk about stimulus money for hiring.
Chief McLaughlin - We are going to apply for two other grants coming up in June. One Is the
SAFER Grant they have changed the characteristics of it. It is a grant for man power. It used to
be that the first year the government paid 100% then the 2'd year we would pay 20%, the 3rd
year 40%, the 4th year 60% and the 5th year we would have to hire them or pay back all four
years. We are going to apply for the six personnel we think in five years we will be able to hire
Them. Part of this is we know that the Governor is opening up the bids for 1-75 the RFP has a
provision for Emergency funding for Emergency Personnel and Equipment. So we could absorb
those people right off either way. The other grant is part of the stimulus package but it was
put into FEMA. It is a Fire Station construction and re-modeling grant. It Is a grant that allows
for the reconstruction of fire stations. We have two in our District. But we are putting
together a package for $400,000 to cover the remodeling expenses of the Port of the Islands
Station which would make it a state ofthe art building.
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Chief McLaughlin Continued - This building is not ours It belongs to Everglades City. He has
mentioned to the mayor of Everglades City that he needs to put in for this grant in the amount
of 2.6 million dollars to build the facility. The funds would pay for the land building and all
expenses associated with the construction of the facility. He hopes that Everglades City will
apply for that Grant to replace this facility.
James Simmons - Asked if we rent from the City now.
Chief McLaughlin - He said for one dollar a year.
Mitchell Roberts - He asked if he had the grant packet so that it could be given to Macbeth
Collins to take to the city.
Chief McLaughlin ~ He already delivered the grant packet to the City Clerk. The City has a grant
writer the Chief left his number so that he could collaborate on the project. He let them know
that this grant Is time specific so when it comes out they have to move on applying for it. He
already has a station design in which the base is elevated 10 feet and everything else will be
above that. The main building will be 16 feet in the air. He feels the Department could occupy
the building during a category one or two storm. There would be a generator on the second
floor as well. The architectural drawings will be started and we should receive them within 30
to 45 days. Once he gets those they will be put out to bid in order to find out how much It
will costs to remodel.
James Simmons - He asked what the status of the Hotel agreement.
Chief McLaughlin -It goes before the Board of County Commissioners on the 26th.
James Simmons - To rent at the Hotel?
Chief McLaughlin - Yes, the ieasing agreement it goes before the board on the 26th.
Once that is approved we will cut that PO hopefully we will be in there by the 1st of July up and
running. We will be using that facility at least for a year.
James Simmons - What is this 30 to 60 days?
Chief McLaughlin - That is just to get into the Hotel, It will take them 30 to 60 days to renovate
those rooms and parking space.
James Simmons - Oh that is just to get into the Hotel.
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Chief McLaughlin - There is no money to do the Station he was told it would cost $380,000 till
we find some money we own a building that Is empty. There is no time frame this lease is open
for two years what does that tell you.
Mitchell Roberts - Applying for the Federal Stimulus monies could take 18 months to receive
the grant.
Chief McLaughlin -If we had the pilt money for the last two years we could built It today.
He feels the grant will start being awarded In the next two to three months. Once they start
awarding the grants they will continue until the funding is gone. We are probably going to ask
for $450,000 to renovate that building which will Include everything.
Mitchell Roberts - He wanted to re-cap the expenses for purchasing the building at POI.
Chief McLaughlin - So far the Department has spent $800,000 out of the Reserves to procure
half of the building. The purchase moved fast so once the exchange had been made it was
realized that more had to be done to the building to bring it up to code as expected prior to
occupying it. The County wanted to purchase the marina because It was a good long term
investment.
Mitchell Roberts - It was a faster way for us to get into the Port but an expensive one but some
of the other options would have taken longer.
Chief McLaughlin - If some of those monies were still coming into the District it would not have
been an issue. We were getting an average of $200,000 to $300,000 a year from the Pilt funds
which we no longer get from the County if had been receiving those funds for the past two
years we would have the money In the budget to build the station.
James Simmons - He asked about the remodeling.
Chief McLaughlin - The architect said the remodeling will cost $380,000. We only have $80,000
In our Reserves. We went from $900,000 Reserves to $80,000 that Includes what we lost and
had to roll back. That Is what we are projecting for next year and that is the lowest it has been
In years. Commissioner Coil made a mention at our AUIR Meeting that why I had this big
Reserve that we needed to spend it, I don't think he realized It was our savings account. This is
what the pilt money built up so that we could buy this building If It weren't for this we would
never had built this up. Just because you have a big Reserve doesn't mean you have to spend
it. You have a reserve to fall back on in the event an emergency comes up, or to purchase
property for a station or to make payroll during when revenues are down like now.
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Ochopee Fire Control District Advisory Board to meet during the summer or Adjourn till
October 2009:
Mitchell Roberts - He asked the board If they wanted to adjourn during the summer.
Mitchell Roberts made a motion to adjourn the Advisory Board until October 2009 John Pennell
seconded the motion and was passed with the stipulation that if anything changes we will be
called In for an emergency meeting.
The meeting adjourned.
) .
&!~7.':21~: /-:~-
Mltc;ell R~b~~ts,~hairman
Ochopee Fire Control District Advisory Board
Page 7
Fiala
Halas
Henning
Coyle
Coletta
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September 16, 2(l09,
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MINUTES OF THE MEETING OF THE PARKS AND
RECREATION ADVISORY BOARD
Naples, Florida, September 16, 2009
LET IT BE REMEMBERED, that the Parks and Recreation Advisory Board, in
and for the County of Collier, having conducted business herein, met on this date
at 2:00 P.M., at the North Collier Regional Park in the Administration Building in
Naples, Florida, with the following members present:
CHAIRMAN: John P. Ribes (Excused)
VICE CHAIRMAN: Edward "Ski" Olesky
Barbara BueWer
Phillip Broughman
Kerry Geroy
David Saletko
ALSO PRESENT: Barry Williams, Director, Parks & Recreation
Murdo Smith, Beach and Water Manager
Tona Nelson, Sr. Administrative Assist.
Sidney Kittila, Operations Coordinator
Mile. Cones:
I
CIa:
Item..
1+
10J
1 ~\L\:
September 16,2009
I. Call to Order
Vice Chairman Olesky called the meeting to order at 2:04 PM
II. Pledge of Allegiance and Invocation
The Pledge of Allegiance was recited and Invocation was held.
III. Approval of Agenda
Ms. Geroy moved to approve the Agenda. Second by Mr. Broughman. Carried
unanimously 6-0.
IV. Approval of Augnst 19, 2009 minutes
Mr. Geroy moved to approve the minutes of the August 19,2009 meeting. Second by Ms.
Buehler. Carried unanimously 6-0.
V. New Business
a) Directors Highlights - Barry Williams
. The Grand Opening for Freedom Park will be held on October 6, 2009.
. On September 2, 2009, the Environmental Advisory Council approved Miami-
Dade County's Application for a Growth Management Plan Amendment to
allow an A TV Park at the Miami-Dade Jet Port site.
. The Departtnenl has instituted a Policy for the display of "Employee Name
Tags."
. The Board of County Commissioners is in the final process of approving the
Departtnents budget with a 3 percent reduction over the previous year. The
reduction will have no major negative impacts on the Department.
b) Employee oftbe Month for August
Tom Wignall and Regina Pagni were recognized as employees of the month for
August 2009.
c) Boat Launcb Fee Increase - Barry Williams
Postponed.
VI. Marketing Highlights - Summer Recreation Guide - Peg Ruby
Shari Fergnson, Regions Manager provided the highlights including:
. A "Back to School Bash" was held at Sun-n-Fun Lagoon.
. Staff is representing the Departtnent at a W GCU event at Florida Gulf Coast
University for a Ken Burns Film Preview (The National Parks: Americas Best
Idea) on September 16,2009.
. The Grand Opening for Freedom Park will be held on October 3,2009.
VII. Recreation Highlights - Jim Thomas
An overview was provided on the "Summer Food Program." A document "Collier County
Parks and Recreation Department Summer Food Program Analysis 2008-09" and related
Press Releases were submitted for review. 2009 saw the largest participation to date with
2
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September 16,2009
the Program providing 124,418 free breakfasts and 163,579 lunches to qual ified individuals
at 43 County sites. The Program is primarily funded by Grants with some assistance from
Collier County Government.
VIII. Capital Project Highlight - Barry Williams
The Board reviewed the document "Collier County Parks and Recreation - Capital
Projects Update, August 31,2009." It was noted:
. The sod is to be placed on the new soccer fields at East Naples Community
Park this week, with opening play slated for spring 2010.
. A proposed Draft Agreement between the County and the Kiwanis Club for the
"East Naples Great Boat Project" at East Naples Community Park is under
review by Staff.
The Board requested Staffprovide an update on "Manatee Park" at the next meeting.
IX. Informational Items
Submitted
X. Adopt a Park - Dave Saletko
Mr. Saletko provided written comments to Staff on the following Parks highlighting:
Starcber Petty - possible broken water line adjacent to the baseball field, tennis courts
need re-surfacing, landscape maintenance required in the form of trimming and mulching,
bathrooms are in need of attention, baseball equipment (hitting mats, bullpen gatelpitching
rubbers, etc.) in need of repair or replacement.
Staff noted some of the items are the responsibility ofthe Little League organization.
Bluebill- lack of a handicap parking space, lack of a recycle bin, a dune post in need of
repair.
XI. Public Comments
Margaret Winn, Presidents, Friends of Barefoot Beach appeared before the Board
noting Barefoot Beach Preserve will have a "Greenway~ & Trails Fall Kickoff' on October
3, 2009 with events continuing throughout the month. In addition, she provided a copy of
an e-mail from herselfto Barry Williams - Subject - "Report from Barefoot Beach," dated
September 15, 2009 for informational purposes.
Barry Williams submitted a letter from Laura Pacter, Vineyards Resident, dated
September 14, 2009 informing the Parks and Recreation Advisory Board of a parking
problem due to Ave Maria Law Students parking at Vineyards Park. She requested user
fees be established for the parking area.
Discussion occurred on the feasibility of user fees at one public park, the extent of the
problem, elc.
Barry Williams stated he has been in contact with Ave Maria officials and requested
Board direction in addressing the issue.
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September 16,2009
Mr. Broughman moved to direct Parks and Recreation StajJto continue discussions with
Ave Maria Officials on the use of the parking lot in an attempt to find a reasonable
solution to accommodate the University in the short term and ongoing public use of the
parking spaces. Second by Ms. Buehler. Carried unanimously 6-0.
Barry Williams noted:
. The Board of County Commissioners voted to allow the sale of alcohol at the
Naples International Festival to be held at Sudgen Park.
. Although Staff does have the authority to recommend the sale of alcohol in
events held at a County Parks and Recreation site, he will be submitting all
such requests to the Parks and Recreation Advisory Board for input.
. The Champ Boat Series to be held at Sudgen Park in November has been
cancelled, for possible reschedule in March.
The Board requested StajJ to contact the applicant for Naples International Festival to
verify they contacted the Sudgen Park neighborhood regarding the event.
Mr. Saletko requested Staff to provide clarification on the fee schedule for field usage at
Veterans Park.
Meetinf! Attendance
Chairman Ribes was excused.
There being no further business for the good of the County, the meeting was adjourned
by order of the Chair at 3:07 PM.
COLLIER COUNTY PARKS & RECREATION
ADVISORY BOARD
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n,E I
These Minutes approved by the Board/Committee on t CO /)../ 1(/ '1
as presented rj- or as amended_.
4
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October 2, 2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
'1 f~'r""\
,i \, ,: J
Fiala
Halas
Henning
Coyle
Coletta
Naples, Florida, October 2, 2009
OCT 2 0 2009
BoarQ Of COllntv COrnmlssioners
LET IT BE REMEMBERED that the Collier County Special Magistrate, having
conducted business herein, met on this date at 9:00 AM in REGULAR SESSION
in the Administrative Building "F," 3rd floor, Collier County Government
Complex, Naples, Florida, with the following persons present:
SPECIAL MAGISTRATE:
Honorable Brenda Garretson
ALSO PRESENT: Jennifer Waldron, Code Enforcement Supervisor
Michele McGonagle, Administrative Secr~orres:
Date:
\
Item #:
,., :-r~p: to,
1611 t\
October 2, 2009
I. CALL TO ORDER
Tbe Hearing was called to order at 9:00 AM by the Honorable Special Magistrate
Brenda Garretson. All those testifying at the proceeding did so under oath.
A. Hearing Rules and Regulations were given by Special Magistrate Garretson.
Special Magistrate Garretson noted that, prior to conducting the Hearing, the
Respondents were given an opportunity to speak with their Investigating
Officer(s) for a Resolution by Stipulation; the goal is to obtain compliance without
being punitive.
RECESS: 9:15 AM
RECONVENED: 9:35 AM
II. APPROVAL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item V (A), Stipulations were reached in the following cases:
· Agenda #8, Case #CEV 20090013006 - BCC vs. Jean-Joseph Beauharnais
· Agenda #9, Case #CEV 20090013007 - BCC vs. Jean-Joseph Beauharnais
· Agenda #10, Case #CENA 20090013008 - BCC vs. Jean-Joseph Beauharnais
· Agenda #2, Case #CEPM 20090011637 - BCC vs. Gabriela Guzman
· Agenda #4, Case #CENA 20090000707 - BCC vs. Humberto & Alicia Barco
(b) Under Item V (B), "Hearings," the following case was DISMISSED by the
Deputy:
· Agenda #1, Case #SO 172762 - CEEX 20090014722 - BCC vs. Jerome
Brownlee
(c) Under Item V (B), "Hearings," the following cases were WITHDRAWN by the
County:
· Agenda #5, Case #CENA 20090010671- BCC vs. Juan Valdez
· Agenda #6, Case #CESD 20090010684 - BCC vs. Juan Valdez
(d) Under Item V (C), "Emergency Cases," the following case was ADDED to the
Agenda:
· Case #CEPM 20090015533 - BCC vs. Jean Claude Martel
The Special Magistrate approved the Agenda as amended, subject to changes made
during the course of the Hearing at the discretion of the Special Magistrate.
III. APPROVAL OF MINUTES - September 18, 2009
Corrections:
· Agenda #5, under "Hearings," Case #CEV 20090008539 - BCC VS. Luciana
Dorilus, Lyta Iste, and Jfaussa Dorilus, the Operational Costs are to be paid on or
before October 18, 2009 (not September 21, 2009).
2
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October 2, 2009
· Agenda #13, under "Hearings," Case #CEPM 20090008987 - BCC vs. Jerry &
Susan Currie, the fine is $100.00 (not $250.00).
The Minutes of the Special Magistrate Hearing held on September 4,2009 were
reviewed by the Special Magistrate and approved as amended.
IV. MOTIONS
A. Motion for Reductionl Abatement of Fines - None
B. Motion for Continuance - None
C. Motion for Re-Hearing:
1. Case #CENA 20080008113 - BCC vs. Felipe & Isabel C. Ramirez
V. PUBLIC HEARINGS
C. Emergency Cases:
Case # CEPM 20090015533 - BCC vs. Jean Claude Martel
The Hearing was requested by Collier County Code Enforcement Investigator
Thomas Keegan who was present.
The Respondent was also present.
Violations: 09-45, compliance with housing standards, Collier County Code of Laws
and Ordinances, Chapter 22, Buildings and Building Regulations,
Article VI Property Maintenance Code, Sec(s). 22-231(1) and
22-2341 (2)
No water in occupied dwelling unit
Folio No.: 61839320000
Violation address: 3190 Karen Dr., Naples, FL 34112
The Respondent resides at 3190 Karen Drive, Naples, Florida 34112.
Investigator Keegan stated water service has been turned off at Karen Drive by the
City of Naples in September, 2009 due to non-payment of a $10,000 bill (for the
above property and three vacant lots), and the Respondent was using rain water
captured in buckets. He introduced four photographs which were marked as County's
Composite Exhibit "A" and admitted into evidence.
The Respondent stated he has access to well water which is hooked up to his
residence by a pipe and he manages 'just fine." He further stated he does not have
the money to pay Ihe bill.
The Investigator presented a copy of an email from Greg Minck, City of Naples
Water Department, which confirmed the City of Naples has an agreement to supply
3
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October 2, 2009
water to the County. The documenl was marked as County's Exhibit "B" and
admitted into evidence. He stated the wells are not approved water sources for the
area.
The Respondent claimed there is a leak which is the reason for the high bills.
The Investigator stated his concerns since "friends" of the Respondent congregate at
his property during the day and the lack of water service is a Health and Safety issue.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to either restore an active account
with the City of Naples prior to the close of business on Monday, October 5, 2009
or vacate the premises by the close of business on Monday, October 5, 2009, or a
fine of $250. 00 per day will be imposed for each day the violation remains
thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondent.
Ifnecessary, assistance may be requestedfrom the Collier County SherifFs Office
to enforce the terms of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $117. 96 on
or before January 2,2010.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $117.96
The Special Magistrate ruled the Respondent is permitted access to his property
during the day [daylight hours) but is not allowed to remain overnight, and only a
licensed Contractor will be allowed into the structure.
The Respondent was further ordered to post his property with "No Trespass" signs.
IV. MOTIONS
C. Motion for Re-Hearing
1. Case #CENA 20080008113 - BCC vs. Felipe & Isabel C. Ramirez
The Hearing was requested by the Respondents. Isabel Ramirez was present and
represented her husband, Felipe Ramirez.
Manuel Carrillo served as translator for the Respondent.
Collier County Code Enforcement Investigator Joe Giannone was also present.
Violations: Code of Laws & Ord., Chapter 54, Article VI, Sec(s). 54-179 & 54-181
Litter consisting of, bul not limited to, tires, buckets, building material,
blocks, weeds, plastic, pipes, metal, general litter, etc.
Folio No: 00071120003
Violation address: 3503 Westclox St., Immokalee 34142
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October 2, 2009
The Respondents live at 3503 Westclox Street, Immokalee, Florida 34142.
The translator lives in Immokalee, Florida.
The Respondent stated she and her husband asked for the Re-Hearing because they
are migrant workers and did not receive the letter [Notice] from the County because
they were out of state. She further stated they are unable to pay the fine.
The Special Magistrate noted an initial Hearing was held on September 5, 2008, a
second Hearing was held on August 21, 2009, and the Respondents did not appear at
either Hearing.
The Respondent stated she and her husband are out of state each year from
approximately May through November. Their mail is held, but not sent to them
because they move so often.
The Special Magistrate stated strict guidelines are to be observed in order to grant a
Re-Hearing and the Respondents did not present any basis, i.e., error on the County's
part, to grant aRe-Hearing.
The Investigator stated the Notice of Hearing was posted at the property and the
Courthouse on August 10,2009. He further stated he spoke with Mr. Carrillo
regarding the violations and Mr. Carrillo appeared at the August 21 st Hearing on
behalf of the Respondents.
The Special Magistrate stated the County fulfilled its obligation by sending Notice to
the property of record and it is the responsibility of the property owners to forward
their mail when they are out of town.
The Special Magistrate DENIED the Respondent's Motion for aRe-Hearing.
The Respondent stated she and her husband cannot pay the fine and asked for the fine
to be reduced.
The Special Magistrate asked the Respondent why the problem was not addressed
after they read the initial Notice from the County when they returned to Immokalee in
November, 2008.
The Respondent stated the individuals who collected mail in 2008 did not give the
mail to her because they were immigrants who left the area before she and her
husband returned.
The Special Magistrate stated the County acted correctly concerning Notice, and the
Respondents could speak to the County regarding the money owed.
Supervisor Waldron stated Investigator Rodriguez was available to meet with the
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October 2, 2009
Respondent to discuss other options regarding how to request a reduction ofthe fine.
The Special Magistrate ordered the Respondent to meet with the Investigator.
V. PUBLIC HEARINGS
A. Stipulations:
8. Case # CEV 20090013006 - BCC vs. Jean-Joseph Beauhamais
The Hearing was requested by Collier County Code Enforcement Investigator Ed
Morad who was present.
The Respondent was also present.
Violations: Collier County Land Development Code 2004-41, as amended,
Section 2.01.00(A)
Parking and storage of vehicles without current license plates.
Folio No: 00125000008
Violation address: 304 Colorado Avenue, Immokalee
The Respondent resides at 304 Colorado Avenue, Immokalee, Florida.
The Respondent is also known as Beauharnais Jean-Joseph.
A Stipulation was entered into by the Respondent on September 18, 2009.
Investigator Morad conducted a site visit and verified the violation had been abated.
He stated the violation has been a recurring situation and the Respondent admitted he
had been in violation of the Ordinance.
Finding the Notice of Hearing was properly served andjinding the violation did
exist but was CORRECTED prior to the Hearing, the Respondent was found
GUILTY of the alleged violation and ordered to pay the Operational Costs incurred
by Code Enforcement during the prosecution of this case in the amount of $11 7. 70
on or before December 2, 2009.
Total Amount Due: $117.70
9. Case #CEV 20090013007 - BCC vs. Jean-Joseph Beauhamais
The Hearing was requested by Collier County Code Enforcement Investigator Ed
Morad who was present.
The Respondent was also present.
Violations: Collier County Land Developmenl Code 2004-41, as amended,
Section 2.01.00(B)(3)
Commercial vehicles or commercial equipment parked in a residential
zomng area
Folio No: 00125000008
Violation address: 304 Colorado Avenue, Immokalee
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October 2, 2009
The Respondent resides at 304 Colorado Avenue, Immokalee, Florida, and is also
known as Beauharnais Jean-Joseph.
A Stipulation was entered into by the Respondent on September 18, 2009.
Investigator Morad conducted a site visit and verified the violation had been abated.
He stated the violation has been a recurring situation. The Respondent agreed that no
commercial vehicles or equipment will be parked at the property in the future.
Finding the Notice of Hearing was properly served andfinding the violation did
exist but was CORRECTED prior to the Hearing, the Respondent was found
GUILTY of the alleged violation and ordered to pay the Operational Costs incurred
by Code Enforcement during the prosecution of this case in the amount of$117.78
on or before December 2, 2009.
Total Amount Due: $117.78
10. Case #CENA 20090013008 - BCC vs. Jean-Joseph Beauharnais
The Hearing was requested by Collier County Code Enforcement Investigator Ed
Morad who was present.
The Respondent was also present.
Violations: Collier County Code of Laws, Chapter 54, Article VI, Section 54-181
Unauthorized accumulation of litter upon improved property in a
residential zoned district.
Folio No: 00125000008
Violation address; 304 Colorado Avenue, Immokalee
The Respondent resides at 304 Colorado Avenue, Immokalee, Florida.
The Respondent is also known as Beauhamais Jean-Joseph.
A Stipulation was entered into by the Respondent on September 18, 2009.
Investigator Morad conducted a site visit and verified that the violation has been
abated. The Respondent admitted he had been in violation of the Ordinance.
Finding the Notice of Hearing was properly served andfinding the violation did
exist but was CORRECTED prior to the Hearing, the Respondent was found
GUILTY of the alleged violation and ordered to pay the Operational Costs incurred
by Code Enforcement during the prosecution of this case in the amount of $117.70
on or before December 2, 2009.
Total Amount Due: $117.70
2. Case #CEPM 20090011637 - BCC vs. Gabriela Guzman
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joe Mucha who was present.
The Respondent was represented by her brother, Edgar Guzman.
7
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Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI,
Section 22-231(121), Section 22-243
Vacant mobile home that is unsecure with broken windows
Folio No: 00765000002
Violation address: 17034 Lockhart Drive, Naples
Mr. Guzman presented a letter from the Respondent authorizing his representation.
A Stipulation was entered into by Edgar Guzman on behalf of the Respondent,
Gabriela Guzman, on October 2, 2009.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to obtain a Collier County
Boarding Permit and completely secure the mobile home on or before October 8,
2009, or ajine of $250. 00 per day will be imposedfor each day the violation
remains thereafter unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
The Respondent was further ordered to obtain either a Collier County Building
Permit to repair the structure, or a Collier County Demolition Permit to remove the
structure, all required inspections, and a Certificate of Completion on or before
April 8, 2010, or ajine of $250. 00 per day will be imposedfor each day the
violation remains thereafter unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the Stipulation.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$/17.87 on
or before November 2, 2009.
The Respondent is to notify Code Enforcement within 24 hours of abatement
of the violation and request the Investigator peiform a site inspection to conjirm
compliance.
Total Amount Due: $117.87
4. Case #CENA 20090000707 - BCe vs. Humberto & Alicia Barco
The Hearing was requested by Collier County Code Enforcement Investigator Ralph
Bosa who was represented by Investigative Supervisor Cristina Perez.
Respondent, Alicia Barco, was present and represented her husband, Humberto Barco.
Sandra Barco served as translator for her mother.
Violations: Collier County Code of Laws, Chapter 54, Article VI, Section 54-181
Litter consisting of, but not limited to; tires, metal car parts, 50 gallon
metal drums, etc.
Folio No: 38968600006
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October 2, 2009
Violation address: 2821 54th Avenue NE, Naples
The Respondents and Sandra Barco reside at 2821 54th Avenue NE, Naples, Florida.
A Stipulation was entered into by the Respondent, Alicia Barco, on behalf of her
husband, Humberto Barco, and herself on October 2, 2009.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to remove all litter to an appropriate
waste disposal facility, or store items in a completely enclosed structure, on or
before October 9, 2009 or a fine of $1 00.00 per day will be imposed for each day
the violation remains thereafter, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondents.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office
to enforce the provisions of the Stipulation.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $117.70 on
or before November 2, 2009.
The Respondents are to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $117.70
RECESS: 11:05 AM
RECONVENED: 11:15 AM
V. PUBLIC HEARINGS
B. Hearings:
3. Case #CEPM 20080016475 - BCC vs. San Janie Trevino & Guadalupe Martinez
The Hearing was requested by Collier County Code Enforcement Property
Maintenance Specialist Joe Mucha who was present.
Respondent, San Janie Trevino, was also present.
Violations: Collier County Code of Laws & Ord, Chapter 22, Article VI,
Section 22-231, Subsections 9, 11, 12A, 12B, 12C, 121, 12K, 12N, 120,
12P,19&20
Single family home that is owner occupied that has numerous Minimum
Housing Violations
Folio No: 56400080001
Violation address: 311 Price Street, Immokalee
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October 2, 2009
The Respondent resides at 311 Price Street, Immokalee, Florida, and stated her
Grandmother was deceased.
Investigator Mucha stated the case was "Continued" at the initial Hearing and was
ordered to return to present a Status Report. He noted the Respondent submitted an
application to Collier County's Department of Health and Human Services which is
current! y under revi ew.
He introduced five photographs which were marked as County's Composite Exhibit
"A" and admitted into evidence. He inspected the property and observed a few
projects had been completed, but stated the scope of work remaining was significant.
The Respondent stated she does not have money to purchase additional materials such
as dry wall and exterior doors. Her sons cannol perform any electrical repairs.
The Investigator stated the family has nowhere else to live.
The Special Magistrate expressed concern about allowing the family to remain at the
property and asked if any efforts could be made to keep the family safe.
Investigator Mucha suggested obtaining tarp for the roof.
The Respondent's son, Eduardo, stated they may be able to make other repairs with
the remaining supplies at the property.
The Special Magistrate advised the Respondent of the possibility the premises could
be demolished by the County and suggested to make future repairs as economically
as possible.
The Special Magistrate ruled the case will be CONTINUED to November 6, 2009
and ordered the Investigator and the Respondent to present Status Reports with
photographs at the November Hearing.
The Special Magistrate requested Investigator Mucha to follow-up with the Department
of Housing and Human Services to expedite the Respondent's application.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. Case #CELU 20080015426 - BCC vs. Lucille Lahaie McGoon
The County was represented by Code Enforcement Investigator Jim Seabasty.
Patrick Galloway appeared on behalf of the Respondent and stated his mother is
deceased.
Violations: Collier County Land Development Code 2004-41, as amended,
Sec.(s) 1.04.01(A) and 2.02.03
Travel trailer connected to utilities, unlicensed pickup truck, inoperable
commercial vehicle on vacanllunimproved parcel
Folio No: 01131681106
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October 2, 2009
Violation address: 258 Lake Gloria, Copeland
Mr. Galloway resides at 205 North Storter, Everglades City, Florida, and is the sole
beneficiary.
Investigator Seabasty stated the violation was abated and the Operational Costs of
$117.87 were paid.
The County requested imposition of fines in the total amount of $1 00.00 for the
period from August 27, 2009 through Augusl 28, 2009 (two days @ $50/day).
Mr. Galloway stated removing the trailer was complicated by the necessity to first
remove the additions to the structure in order to make it mobile.
The Special Magistrate DENIED the County's Motion for Imposition of Fines
citing extenuating circumstances.
The Investigator stated the property was in pristine condition and the County would
not object to the Special Magistrate's decision.
V. PUBLIC HEARINGS
B. Hearings:
7. Case #CEPM 20090004038 - BCC vs. Timothv Cotter
The Hearing was requested by Collier County Code Enforcement Investigator Heinz
Box who was present.
The Respondent was not present.
Violations: Collier County Code of Laws & Ord, Chapter 22 Buildings and Building
Regulations, Article VI, Property Maintenance Code,
Section 22-231 (15)
Unmaintained swimming pool
Folio No: 67230080008
Violation address: 6664 Trail Blvd
The Notice of Hearing was posted at the property and the Courthouse on
September 15, 2009.
Investigator Box stated the property has been vacant for the past two years and
introduced photographs taken on May 6, 2009 and September 16,2009, which were
marked respectively as County's Exhibits "A" and "B," and admitted into evidence.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to either treat and maintain the pool
water so it is no longer a Health and Safety Hazard, or drain the pool completely,
on or before October 8,2009 or afine of $100.00 per day will be imposedfor each
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October 2, 2009
day the violation remains thereafter, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by Contractor bid-out and assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$I17.61 on
or before November 2, 2009.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $117.61
11. Case #CEPM 20080008180 - BCC vs. Graciela Susi
The Hearing was requested by Collier County Code Enforcement Investigator Ron
Martindale who was present.
Investigator Patrick Baldwin was also present.
The Respondent was not present.
Violations: Collier County Code of Laws & Ord, Chapter 22 Buildings and Building
Regulations, Article II, Florida Building Code, Section 22-26(103.11.2)
No protective barrier surrounding swimming pool.
Folio No: 49660105665
Violation address: 2130 Morning Sun Lane
The Notice of Hearing was posted at the property and the Courthouse on
September 18,2009.
Investigator Martindale introduced the following:
. Two photographs, dated June 3, 2008, which were marked as County's
Composite Exhibit "A" and admitted into evidence.
. One photograph, dated August 24, 2009, which was marked as County's
Exhibit "B" and admitted into evidence.
Investigator Baldwin, who initiated the case, met with the Respondent on several
occasions during 2008. She stated the home was going into foreclosure and did not
have money to abate the violation. There has been no contact with the Respondent
since November 13,2008 although the Respondent may have moved back into the
property. A temporary barrier had surrounded the pool initially, but had been
removed.
Investigator Martindale received the case on August 25,2009 and conducted a site
visit. The Respondent has not contacted him even though the property was posted.
He stated no permits were obtained, but the mortgage has been satisfied and the
property is no longer in foreclosure.
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October 2, 2009
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violations and ordered to erect an approved temporary
safety barrier around the pool on or before October 9, 2009 or a fine of $200. 00 per
day will be imposedfor each day the violations remain thereafter, unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was further ordered to obtain a Collier County Building Permit
to erect an approved permanent safety barrier, all required inspections and a
Certificate of Completion/Occupancy on or before December 2, 2009 or a fine of
$200.00 per day will be imposedfor each day the violations remain thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent has not complied by the October 9th deadline, the County is
authorized to abate the violations by Contractor bid-out, erect a permanent safety
barrier and assess the costs to the Respondent.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $117. 70 on
or before November 2, 2009.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $117.70
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case #CEPM 20090010098 - BCC vs. Timothv & Alisa Grossi
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau.
The Respondents were not present.
Violations: Collier County Code of Laws & Ord., Chapter 22, Article VI,
Section 22-231, Subs. 1 and 2
Dwelling being occupied without being connected to approved water
and sewer systems
Folio No: 29734001149
Violation address: 3030 Renaissance Ct., Naples
The Notice of Hearing was posted at the property and the Courthouse on
September 22, 2009.
Supervisor Letourneau stated the violation was abated.
The County requested imposition of Operational Costs in the total amount of$117.70.
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October 2:~009
The Special Magistrate GRANTED the County's Motionfor Imposition of Fines in
the total amount of $117.70.
VI. OLD BUSINESS:
None
VIII. CONSENT AGENDA:
A. Request to Forward Cases to County Attorney's Office as referenced in the
submitted Executive Summary.
The Special Magistrate reviewed the cases identified in the Executive Summary and
GRANTED the County's request to fonvard the referenced cases to the County
Attorney's Office.
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases
referenced in the submitted Executive Summary.
The Special Magistrate reviewed the cases cited in the Executive Summary and
GRANTED the County's request to impose Nuisance Abatement Liens.
IX. REPORTS:
None
X. NEXT HEARING DATE - October 16, 2009 at 9:00 AM, located at the Collier
County Government Center, Administrative Building "F," 3rd Floor, 3301 E. Tamiami
Trail, Naples, Florida.
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 12:08 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
ci~ts~,~ate
The Minutes were approved by the Spe9ial Magistrate on
as presented _, or as amended v .
(j~obf.r {(p. ;)COer,
,
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