Backup Documents 11/10/2009 Item #16I
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BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
November 10, 2009
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I)
2)
3)
4)
B. Other:
Affordable Housing Commission:
Minutes of August 31, 2009.
Board of Building Adiustments and Appeals:
Minutes of October 6,2009.
Development Services Advisorv Committee:
Minutes of September 16,2009.
Environmental Advisorv Council:
Minutes of August 25, 2009; September 2, 2009.
5) Golden Gate Communitv Center Advisorv Committee:
Agenda of October 5, 2009.
Minutes of August 3], 2009.
6) Land Acquisition Advisorv Committee:
Minutes of September 14,2009.
7) Pelican Bav Services Division Board:
Agenda of September 14, 2009 Special Session; October 7, 2009.
Minutes of September 14, 2009 Special Session.
1) Code Enforcement Special Magistrate:
Minutes of September 18,2009.
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MINUTES OF THE MEETING OF THE COLLIER COUNTY
AFFORDABLE HOUSING ADVISORY COMMITTEE
Naples, Florida, August 31, 2009
LET IT BE REMEMBERED that the Collier County Affordable Housing Advisory
Committee in and for the County of Collier, having conducted business herein, met
on this date at 3:00 P.M. in REGULAR SESSION at Building "F," 3rd Floor, of the
Government Complex, Naples, Florida, with the following members present:
CHAIRMAN:
Vice-Chair:
Stephen Hruby
J ames Warnken
John Cowan (Absent)
Cormac Giblin
Brian Goguen
Christine Jones
Kenneth Kelly
Sally Masters
Patrick Peck (Resigned)
J ames Pusateri
Bradley Schiffer
Alternate (Open)
Misc. Corres:
ALSO PRESENT: Frank ("Buddy") Ramsey, Housing Manas: I \ I 0 J.-OO'7
Priscilla Doria, SHIP Loan Processor Item # J l l A \
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August 31, 2009
1. Call to Order - Chairman
The meeting was called to order by Chairman Hruby at 3:00 PM.
Chairman Hruby read the procedures to be followed during the Meeting.
It was noted the meeting is the September AHAC Meeting.
2. Roll Call of Committee Members and Staff
The roll was taken and a quorum was established.
3. Approval of Minutes - August 3, 2009
Changes:
. The status ofMr. Kelly's attendance was corrected to "excused" since he had not
been sent notification by Staff of the August 3rd meeting.
. On Page 2, under Item "E. ~ Presentation of CAPER," in the last bulleted point,
"Hatches Preserve" was corrected to "Hatchers Preserve."
James Pusateri moved to approve the Minutes of the August 3, 2009 meeting as amended.
Second by Sally Masters. Motion carried, 6-"Yes"/2-Abstentions.
(Mr. Warnken and Mr. Kelly abstainedfrom voting since they had not attended the
August 3rd meeting.)
4. Approval of Agenda - Chairman/All
. Frank Ramsey asked to amend the Agenda to add "(F) Review of Proposed
Amendment to Ordinance #91-65" to Item 5 under Information Items Only.
James Pusateri moved to approve the Agenda as amended. Second by James Warnken.
Carried unanimously, 8-0.
5. Information Items
A. Subcommittee Update: Frank Ramsey
. The Subcommittee's Workshop is scheduled for September 22,2009 in the BCC
Chambers from 9:00AM to 12:00 Noon
. Topic: "Obstacles to Obtaining Mortgage Financing"
. Invitations have been extended via email and telephone calls
. A list of confirmed attendees will be emailed to the Committee
. The Workshop will be advertised as a "full" Committee meeting in order to prevent
conflicts with the provisions of the Sunshine Law and allow all Committee members
to attend.
B. Discussion of Subcommittee Workshop: Frank Ramsey
. Workshop participants: realtors, mortgage bankers, Foreclosure Prevention
Specialists, Credit Counselors, and representatives from non-profit and for-profit
providers of affordable housing units
. Also suggested: a representative from the State's Financial Services Office and a
real estate attorney
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.
Potential Workshop topics and questions were discussed with the following suggested by
Committee members:
. What mortgage modification programs are available to help homeowners who are
facing foreclosure?
. Discuss the Collier County Loan Consortium and how to interest more banks in
becoming active members?
. Why are banks not willing to lend under current Affordable Housing Loan
Parameters for first-time buyers?
C. Update on NSP ("Neighborhood Stabilization Program"): Frank Ramsey
Copies of the Project Summary Report, dated March 9 through August 31, 2009 were
distributed.
. 4 rehab contracts will be awarded by end of August pending BCC approval
Discussion ensued concerning options to assist homeowners facing foreclosure, i.e., are
any measures allowed to save the homes; Bank of America's "First Look" Program; the
intent of the legislation; Fanny Mae property updates, and the viability of offering a deed
in lieu offoreclosure. There has been no response to the NSP-2 Program application
which was submitted to HUD for an additional $IOM to expand the Program.
(Christine Jones arrived at 3: 13 PM)
D. Presentation of the Homeless Prevention and Rapid Re-housing Program ("HPRP"):
Debra Mahr, Executive Director, Hunger and Homeless Coalition of Collier County
A PowerPoint presentation was given.
. Hunger and Homeless Coalition developed a process to prevent homelessness of
families and/or to re-house those who are homeless through temporary assistance
. Goal: housing stabilization
. Cooperating agencies include: the Salvation Army, Catholic Charities, Youth
Haven, Collier County Housing Authority, Legal Aid Service, and the Housing
Development Corporation of SW Florida ("HDC")
. Candidates must be self-sufficient and able to maintain stability after assistance
ends
. Federal grant: $880,000
Steve Parker, Continuum of Care HMIS Administrator, outlined the data collection
and evaluation process.
. Initial Performance report will be submitted to HUD by October 10, 2009
. Monthly Reports will be submitted to H&HS
. Annual Report will be compiled and sent to HUD
E. Special Thanks to Retiring Members
Chairman Hruby announced that James Warnken, James Pusateri and Brian Goguen
will be retiring. Their participation was invaluable and they were assets to the
Committee.
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August 31, 2009
6. Review of Applicants for Open Positions and Recommendations to BCC
Chairman Hruby noted Patrick Peck has resigned. There are four open positions on the
Committee.
Discussion ensued regarding which applicants could fill specific requirements of the four
open positions, i.e., who was a resident of 1mmokalee, who could represent employers, who
could represent a non-profit housing provider as well as a for-profit provider, etc
All candidates qualified under "resides in jurisdiction."
Randy Anderson, the nominated Alternate, is self-employed and could qualify under the
"represents employers" category. It was suggested to pull his application from the BCC's
Agenda for resubmission as a full Committee member.
Kenneth Kelly moved to nominate Christian Davis to serve on the Committee under
the "resides within jurisdiction" category. Second by Bradley Schiffer. Carried
unanimously, 9-0.
Bradley Schiffer moved to nominate Stuart Warshauer to serve on the Committee as the
"Alternate." Second by Christine Jones. Carried unanimously, 9-0.
Bradley Schiffer moved to nominate Randy Anderson to serve on the Committee under the
"represents employers" category. Second by Sally Masters. Carried unanimously,
9-0.
The above recommendations will be presented to the Board of County Commissioners for
approval and appointment.
Staff will solicit additional applicants to fill the for-profit and not-for-profit housing provider
categories. It was noted that one of the applicants should reside in Immokalee.
F. Review of Proposed Amendment to Ordinance Number 91-65
The current Ordinance states all re-zoning applicants, with or without an affordable
housing component, must make a presentation to the AHAC before seeking approval
from the Board of County Commissioners. The revision will require only those
applicants for affordable housing projects and any projects requesting existing or new
affordable housing incentives to make a presentation to the AHAC.
Discussion ensued concerning the intent of the Ordinance.
Bradley Schiffer moved to recommend approval of the Executive Summary/Consent
Agenda outlining a proposed Amendment to Ordinance #91-65 to the Board of County
Commissioners. Second by Sally Masters. Carried unanimously, 9-0.
Next meeting: To be determined. Staff will advise.
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August 31, 2009
There being no further business for the good of the County, the meeting was adjourned by
order of the Chair at 4:45 PM.
Collier County Affordable Housing Advisory
Committee
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The Minutes were approved by the Board/Committee Chair on <Jl:O-T. '5 ;Lbo'
as presented , or as amended v
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RECEIVED
OCT 1 6 2009
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October 6, 2009
30ard of C;ollnty Commissioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
BOARD OF ADJUSTMENT AND APPEALS
Naples, Florida, October 6,2009
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 #609/610,
2800 N. Horseshoe Drive, Naples, Florida, with the following members
present:
CHAIRMAN: Ken Rech
Aaron Hokanson .111I
Bill Silvest,ir 1"(
John Melton
Randy Anderson
ALSO PRESENT: Bob Dunn, Building Director
Ed Riley, Fire Code Official
Jeff Wright, Assistant County Atty.
Paula Brethauer, Operations Analyst
Joe Schmitt, CDES Division Administrator
Gary Harrison, Deputy Building Official
Jim Turner, Chief Plumbing Inspector
Richard Long, Chief Electrical Inspector
Michael Ossorio, Contractor Licensing
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October 6, 2009
I. Call to Order
Chairman Rech called the meeting to order at I :00 pm
., ,
II. Roll Call
Roll call was taken and a quorum was established.
III. Old Business
. Water Heater follow-up: Declaratory Statement from FBC
Bob Dunn, Building Director provided the Executive Summary "To provide to
the Board of County Commissioners (Board) information regarding the
requirement as specified in the 2007 Florida Building Code to obtain a building
permit when replacing a water heater, and to inform the Board of the final
decision rendered by the Florida Building Commission on this matter" ("Exhibit
A" of the meeting packet) and related backup documents ("Exhibits B -L" of the
meeting packet). He provided an overview of the issue noting the BCC directed
Staff to obtain a Declaratory Statement from the Florida Building Commission
regarding the intent and interpretation regarding the Florida Building Code's
requirements for plumbing contractors to obtain a permit when replacing a hot
water heater.
The Declaratory Statement was issued on September 3,2009, which stated
Section 105.1 of the Florida Building (2007) does not exempt a hot water heater
installation from the requirements for issuance of permits.
VI. New Business
. Address whether owners of single family homes be exempt from the
requirement to obtain building permits for the replacement of water heaters
when replaced with "like kind" devices, pursuant to Florida Statutes
553.80(3) and FBC 102.2.5
Bob Dunn, Building Director provided an overview of Section 105.2 ofthe
Florida Building Code "Exemptions from Permit Requirements" and Florida
Statute 553.80(3) "Single Family Residence Exemptions" ("Exhibits G - "H" of
the meeting packet) which provides for each enforcement district or local
enforcement agency the power promulgate rules granting the owner of a single-
family residence one or more exemptions from the Florida Building Code.
Pursuant to these Sections, Staff has proposed to clarify a series of exemptions for
unincorporated Collier County as provided below.
. A review of a proposed list of additional permit exemptions for
implementation for the unincorporated area of Collier County, pursuant to
Florida Statutes 553.80(3) and FBC 102.2.5.
Bob Dunn provided the proposed document "Recommended Permit Exemptions"
(Exhibit "L" of the meeting packet") and "Exemptions for Single Family
Residences" in unincorporated Collier County and requested the Board to review
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the proposed exemptions and provide a recommendation to the Board of County
Commissioners.
Joe Schmitt, CDES Administrator noted the County has always recognized the
Exemptions provided in the Florida Building Code, but Staff is attempting to
clarify a series of exemptions for the public and contractors by specifically
enumerating them in Collier County Codes.
Staff presented applicable Sections for comments by the Board:
Bob Dunn, Building Director, - "Exemptions for Minor Repairs Residential"
The intent is for permit exemptions for "owners of single family residences
performing work on single family properties."
Board recommendations:
I. Provide a definition of "Single family residence" incorporating the language
"detached. ..
Rich Long, Chief Electrical Inspector - "Electrical"
Board Recommendations:
I. Increasing the dollar amount beyond $200 for materials and labor for the
exemption for a contractor to obtain a permit for repairs.
2. Bullet point #2 -Amending the language to state "Repair or replace electrical
wall switches and wall outlet devices of 20 amps or less and 120 volts. ..
Jim Turner, Chief Plumbing Inspector - "Plumbing"
Board Recommendations:
I. Bullet point #3 - Amending language to state "Change out of an above
ground LP tank of 1 00 lbs or less. ..
2. Bullet point #16 to state "Repair/Replace of like for like electric water heater
up to 52-gallon capacity to an approved electrical connection."
3 Add an exemption for "Water treatment equipment. ..
Gary Harrison, Deputy Building Official- "Mechanical"
No Board Recommendations.
Gary Harrison, Deputy Building Official - "Building"
Board Recommendations
I. Bullet point #3, - Requested Staff to review the size limitation for satellite
dishes to ensure it incorporates the different types of satellite dishes, (as
appropriate to meet the intent of the requirement.)
Speakers
Timothy Nance, Golden Gate Estates Area Civic Association addressed the
Board noting the intent of the exemptions are to reduce costs borne by single
family homeowners for repairs. He expressed concern the list of exemptions
proposed is not comprehensive enough as it does not include the items such as the
replacement of cabinets, replacing flooring and carpeting, painting, installation of
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October 6, 2009
playground equipment etc. He provided examples of similar Ordinances from the
City of St. Petersburg and Islamorada, Village ofIslands. In addition,
recommends the dollar limit for work in which Contractors are exempt from
obtaining permits for repairs are increased to $2,500.
Peter Gaddy, Golden Gate Estates Area Civic Association concurred with Mr.
Nance's comments, especially the increase in dollar amount for repairs requiring a
Contractor to obtain a permit.
Timothy Wallen, Commercial Refrigeration, Inc. recommended the dollar
amount for repairs requiring the Contractor to obtain a permit be the same for all
trades as is proposed at $200 for Electrical Contractors and $750 for all others.
Bill Varian, Varian Construction requested clarification if plumbers are
permitted to hire an electrician. In addition, he expressed concern on low
limitation amount for repairs requiring a Contractor to obtain a permit.
Mike Ossorio, Contractor Licensing noted if the work is incidental to the
replacement of an item, he is allowed to hire the electrician
Joe Schmitt, CDES Administrator noted the document would be revised as
recommended, in addition he will review the Ordinances provided by Mr. Nance
and incorporate any exemptions deemed appropriate into the "Recommended
Permit Exemptions. "
Board discussion occurred on the exemption for repair work performed by
licensed Contractors that does not exceed $200 (Electricians) and $750 (for all
other Contractors.
Some Board members expressed concern the amounts are outdated and too low
given current times, and should be increased to $2,500 as recommended by
members of the public.
Mr. Melton moved to recommend Staff consider raising the limitation for the
repair work performed by licensed Contractors to $2,500 (two thousand five
hundred dollars) including labor and materials for all disciplines. Second by
Mr. Anderson.
A lengthy discussion occurred regarding the ramifications of raising the
limitation.
Staff noted the requirements for Electrical Contractors were lower based on life
safety issues as a substantial amount of work could be undertaken for $750. The
exemption is for "repairs, or replacements oflike to like equipment," not new
construction, expansion of services, upgrading equipment, etc. In general, Staff
expressed concern on increasing the amount to $2,500.
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October 6, 2009
Mr. Melton amended the motion to raise the limitation for the repair work
performed by licensed Contractors to $1,500 (one thousand five hundred
dollars) including labor and materials for all disciplines. Second by Mr.
Anderson. Carried unanimously 5 - O.
Jeff Wright, Assistant County Attorney requested clarification if it is the intent
"to exempt gas water heaters" from the requirement to obtain permits for repairs
or replacements.
Board discussion occurred on the ramifications of exempting the
replacement/repairs of gas water heaters/ appliances. It was determined the
activities should not be exempt and the work should be performed by licensed
Contractors.
Mr. Melton moved for Staff to incorporate the recommended changes to the
"Recommended Permit Exemptions" as outlined herein andfor the Board of
Adjustment and Appeals to meet to review said proposed Collier County
Exemptions prior to their submittal to the Board of County Commissioners.
Second by Mr. SilvestiJr. Carried unanimously 5-0.
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 3:21 PM.
COLLIER COUNTY BOARD OF ADJUSTMENT
AND APPEALS
/~~
Chairman Ken Rech
These Minutes were approved by the Board/C~an on ~4~ -=' 'j ,
as presented , or as amended ~ .
5
R.ECEIVED
OCT I 4 2009
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September 16, 2009
':lOald of County CommIssioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, September 16,2009
LET IT BE REMEMBERED that the Collier County Development Services
Advisory Committee, in and for the County of Collier, having conducted business
herein, met on this date at 3:00 P.M. in REGULAR SESSION in Conference
Room #610, Collier County Community Development and Environmental Services
Center, 2800 N. Horseshoe Drive, Naples, Florida, with the following Members
present:
CHAIRMAN: William Varian
Vice Chair: Thomas Masters (Absent)
Charles Abbott
James Boughton
Clay Brooker
Laura Spurgeon Dejohn (Absent)
Dalas Disney
David Dunnavant
Marco Espinar
Blair Foley
George Hermanson
Reed Jarvi
Robert Mulhere (Excused)
Reid Schermer (Absent)
Mario Valle
ALSO PRESENT: Joe Schmitt, Administrator, CDES
Judy Puig, Operations Analyst, CDES ~ Staff Liaison
Jeff Wright, Assistant County Attorney
Nick Casalanguida, Director, Transportation/Planning
Gary Mullee, CDES Operations Support Manager Mise, Corres:
Ed Riley, Fire Code Otlicial, Fire Code Office \ I J I DO,
Stan Chrzanowski, Semor Engmeer Date: \ _I 0 ,. L
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September 16, 2009
I.
Call to Order
The meeting was called to order at 3:09 PM by Chairman William Varian and a
quorum was established.
Chairman Varian read the procedures to be followed during the Meeting.
It was noted Commissioner Tom Henning was in attendance.
,
II. Approval of Agenda
Chairman Varian proposed amending the Agenda to hear Item VII (B), under "New
Business," prior to Staff Announcements.
Marco Espinar moved to approve the Agenda as amended. Second by Blair Foley.
Carried unanimously, 9-0.
III. Approval of Minutes - September 2, 2009 Meeting
Dalas Disney moved to approve the Minutes of the September 2,2009 Meeting as
submitted. Second by James Boughton. Carried unanimously, 9-0.
IV. Public Speakers:
(None)
VII. New Business
B. Discussion of DSAC-suggested LDC Revisions - Dalas Disney
Suggestions were made during previous meetings concerning the possibility of
revising the Land Development Code which has become complicated due to changes
enacted during high growth periods. Due to the current slowdown in the economy,
many Amendments are no longer necessary.
Members questioned whether or not it would be a productive use ofDSAC's time to
propose changes to streamline the LDC if the BCC had no interest in that type of
review from its Advisory Committee.
Question: Will the BCC be receptive to recommendations from DSAC, in its
advisory capacity, regarding changes to or deletions of LDC Amendments?
Commissioner Henning noted Staff has brought revisions regarding extending PUDs
and the sunset provisions. He stated Board of County Commissioners is receptive to
changes from the community. For example, the BCC has given direction to Staffto
examine exemptions in the permitting process regarding water heaters. He further
stated the Board is aware of the cost of doing business and the need to consider
potential reduction in fees.
Dalas Disney suggested streamlining the permitting process to move paperwork
through various County departments which would allow a project to begin quickly
and be economically advantageous for the smaller Contractor.
Clay Brooker referred to an example of a business which attempted to effectuate
minor changes to the exterior of its building and was so frustrated by the length of
time involved in the permitting process that the plans to improve the site were
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September 16, 2009
abandoned. He suggested the Codes requiring such a level of architectural detail and
plan approval could be examined.
It was pointed out the time for approval of paperwork has been an overriding issue
that created the current bottleneck. Another issue discussed was the high costs of
Review and Impact Fees. Collier County has a reputation for charging the highest
fees to do business.
Commissioner Henning stated the BCC is concerned about the issue of efficient
government operation and acknowledged the BCC does control fees.
Another issue mentioned was the restrictive threshold for architectural standards
which mandates upgrading an entire site when a structure is being renovated. The
restrictions discourage small renovation projects from going forward.
By consensus, DSAC's goal is to study the Code and suggest methods to simplify it.
Recommendations will be presented to the Board for review and consideration.
Commissioner Henning suggested DSAC make a full presentation to the BCC with
supporting documentation citing examples.
DSAC has formed a Subcommittee to review the Land Development Code and Dalas
Disney volunteered to spearhead developing a presentation.
Chairman Varian stated by revising the LDC, Collier County will not lose the
opportunity to develop and sustain renovation projects.
(Mario Valle arrived at 3:33 PM.)
V. Staff Announcements/Updates
A. Public Utilities Division Update - Nathan Beals for Phil Gramatges
. No new announcements or updates
A question was asked whether water pressure was changed during the off season.
The issue was flow tests and how reduced water pressure would affect test results.
Mr. Beals will research the issue and prepare an answer for the next meeting.
B. Fire Review Update - Ed Riley
. 500 reviews were conducted during July (refer to submitted Monthly Report)
A question was asked concerning Lee County's request for assistance with plan
reVIews.
Mr. Riley stated the Lee County Fire Chiefs have not contacted him again.
Regarding Chapter 43:
. In order to use Chapter 43, the building must comply with the existing Code
for its occupancy type
. A form was created to verify compliance or non-compliance and provide a
schedule to bring the building up to Code
. The Fire Districts must inspect the building prior to submitting the plans to the
Fire Code Office
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September 16, 2009
. A letter, signed by the contractor, the owner and the Fire Marshall, must
accompany the plans and outline the Scope of Work to be included in the
review by the Fire Code Office
. The Fire Code Office requires a level of information in order to properly
review the submitted plan
Discussion ensued concerning the "one form fits all" approach which has not worked.
The form will be revised. Another issue discusscd was the requirement for signatures
and the level of responsibility associated with signing, i.e., representing knowledge of
the full history of a building.
It was noted that all levels of occupancy, including Condos, are covered under
Chapter 43 for any remodeling/renovation project.
C. Transportation Division Update - Nick Casalanguida
. Mining Impact Fees will be presented to the BCC within 30 to 60 days
. Mining Impact Fees have been reduced by 30% and are half of Lee County's
fees
. Willow Road project will be open for bids within 90 days
. Applications have been submitted to the Federal government for $80M in
grants
. Santa Barbara Extension Project is proceeding ahead of schedule
. Projected construction date for the Vanderbilt Drive Bridge is November, 2009
. Transportation Division's AUIR ("Annual Update ofInventory Report") will
be presented to the Planning Commission on September 21, 2009
Questions were asked concerning the "Neighborhood Traffic Management Program,"
such as who will pay for the traffic counting devices for a development, liability, and
the applicable review process.
D. CDES Update - Joe Schmitt
. Re: water heaters - a detailed statement was obtained from the Florida
Building Commission
. Based on an application of the Code, a building permit is required to replace a
water heater
. The County will present a proposal to the Board of Adjustments and Appeals
to exempt single-family/duplex homeowners and contractors from the
requirement to obtain a permit for electrical, mechanical, building and/or
plumbing repairs up to $750 per trade
VI. Old Business
A. Pre-Construction Fees and Time Frames for Meetings - Stan Chrzanowski
. Inspection fees are under review by a Consultant
. Current Policy: Inspection fees for SDPs and PPLs are collected at the time of
application
. Revised Policy: Inspection fees will be collected at the Pre-Construction
Meeting with full fees due and no refunds will be allowed
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September 16, 2009
. Re: SDP/PPL Amendments - If a project has begun and an amendment has
been applied for, fees will be collected when the Plan is approved
. Re: Insubstantial Changes - the inspection fees will be collected when the
changes have been approved. If an Insubstantial Change does not add to the
value of a project, an inspection (and fee) may not be necessary.
A suggestion was made to consider a proportionate refund because projects are placed
"on hold" from time to time.
VII. New Business
A. Parks & Recreation Impact Fee Update - Amy Patterson, Impact Fee Manager
A rate summary report was distributed.
. The Study, prepared by Tindale-Oliver, was directed by the Board of County
Commissioners
. In general, fees have been reduced
. The Productivity Committee has recommended an additional 16% decrease in
fees and the recommendation will be presented to the BCC on October 13th
Questions were asked concerning the fee increase for single-family homes, changes in
population, inventory value, how Collier County's Level of Service Standards is
measured, credits for land donation, the loan made to CDES from the Parks &
Recreation Capital Fund, and the Master Plan for Parks and Recreation including
facilities' costs for future parks.
(Charles Abbot lei! at 4:50 PM)
Reed Jarvi suggested the Study should incorporate the following: an adjustment and
accounting for land costs, the issue of including two "anomalies, " i.e., the Sun-N-Fun
Lagoon Park and the parking garage, and addressing the facilities that have not been
included. i.e., beaches and non-County owned assets, and the standards used to
determine Levels of Service,
Reed Jarvi moved to reject the Study and address the issues mentioned above.
Second by Dalas Disney. Motion carried, 9 - "Yes, "/1 - "No, " Marco Espinar was
opposed.
(Marco Espinar left at 5:10 PM)
C. CityView Update - Garry Mullee
. The Planning Section Portal has not "gone live" because it was determined to
be inadequate.
. The implementation schedule for the Portal will be available in October
. "Provisional Comments Letter" has been implemented for the Zoning
Department and a copy of the letter may be requested from Staff
o Contains rejection comments completed to date
o Other departmental reviews are classified as "pending"
. Contact information will be supplied (i.e., Project Planner)
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September 16, 2009 .
. Older projects ( with "A.R." numbers) cannot be accessed
. There is a web portal which allows the status of reviews to be checked but
comments are not supplied
VIII. Committee Member Comments
(None)
Next Meetinl!:s:
LDR Subcommittee - October 21, 2009 at 2:00 PM
Full DSAC - October 7, 2009 at 1:00 PM
November 4, 2009 at 1:00 PM
December 2,2009 at 3:00 PM
There being no further business for the good of the County, the meeting was adjourned by
order of the Chairman at 5:15 PM.
DEVELOPMENT SERVICES
ADVISORY COMMITTEE
~
William Varian, Chairman
The Minutes were approved by the Board/7ittee on
as presented , or as amended .
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OC1 0 7 2009
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August 25, 2009
posm ot county Commis$iOJ1ers.
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENT AL ADVISORY COUNCIL
Naples, Florida, August 25, 2009
LET IT BE REMEMBERED, that the Collier County Environmental
Advisory Council in and for the County of Collier, having conducted
business herein, met on this date at 9:00 AM in a SPECIAL SESSION at the
Collier County Community Development Services Conference Room
#609/610,2800 N. Horseshoe Drive, Naples, Florida, with the following
members present:
CHAIRMAN: Dr. Judith Hushon
VICE CHAIRMAN: Andrew Dickman
Noah Standridge
Michael V. Sorrell
Patrick Peck
Chris Stephens (All.) (Absent)
ALSO PRESENT: Steve Williams, Assistant County Attorney
Susan Mason, Principal Environmental Specialist
Stan Chrzanowski, PE, Engineering Manager
Summer Araque, Sr. Environmentalist Specialist
Joe Schmitt, CDES Administrator '~
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ENVIRONMENTAL ADVISORY COUNCIL AGENDA
SPECIAL MEETING - ORIENTATION
August 25. 2009
900 A.M,
Room 609/610 - Community Development and Environmental Services
2800 N, Horseshoe Drive. Naples. FL 34104
I. Call to Order
II. Roll Call
Ill. Approval of Agenda
IV. Upcoming Environmental Advisory Council Absences
V. New Business
A. Opening Remarks - Joe Schmitt, CDES Administrator
B. Growth Management Plan (GMP) - David Weeks, Growth Management Manager
a. What is the GMP?
b. Review of GMP amendments by the EAC
C. Remarks from the County Attorney's Office - Steve Williams, Assistant County
Attorney
a. Conflict of Interest
b. Member interaction during and outside of meetings
c. Ex parte
D. Land Development Code amendment schedule - Stephen Lenberger, Senior
Environmental Specialist
E. Storm water Management - Stan Chrzanowski
F. What does the EAC review? - Summer Araque and Susan Mason,
Environmental Services Section
a. Project review
b. The importance of attendance
c. Question and Answer
VI. Public Comments
VII. Adjournment
****************************************************.********.*****
Council Members: Please notify Summer Araaue. Environmental Services Senior
Environmental Specialist 1252-62901 if vou cannot attend.
General Public: 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
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
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August 25, 2009
J. Call to Order
Chairman "ushon called the meeting to order at 9:07AM,
II. Roll Call
Roll call was taken and a quorum was established.
III. Approval of Agenda
Mr. Dickman moved to approve the Agenda with the following addition:
Item V.G - Naples Daily New Article - Re: Proposed ATV Park, Miami-Dade Jet
Port
Second by Mr. Peck. Carried unanimously 5-0.
IV. Upcoming Environmental Advisory Council Absences
None
V. New Business
A. Opening Remarks - Joe Schmitt, CDES Administrator
The meeting is informational and is to provide an overview for the members of
thc Council on County processes which impact EAC functions and duties. He
presented a Slide Show on the Operation of the Community Development and
Environmental Services Department. The Slide Show included a history of the
County's Land Use Planning which began in the early 1970's, the permit process,
local historic and current economic conditions and the effects on County
Government.
He concluded noting EAC reviews and decisions on Land Use Petitions, proposed
Land Development Code and Comprehcnsive Plan (Growth Management Plan)
amendments, etc, are Advisory, and forwarded to the Collier County Planning
Commission, and ul1imately the Board of County Commissioners for a tinal
decision on the item.
B. Growth Management Plan (GMP) - David Weeks, Growth Management
Manager
a. What is the GMP?
David Weeks provided an overview of the Growth Management Plan (GMP)
highlighting the following:
. The term "GMP" and "Comprehensive Plan" are synonymous.
. There are 11 Elements to the GMP,
. It provides a vision for future growth by guiding growth and
development to appropriate areas within the County.
. The Element most applicable to EAC functions is the "Conservation
and Coastal Zone Management Element" of the GMP,
. The EAC also reviews any issues that deal with the changes in
designations of Transfer of Development Rights (Rural Land
Stewardship Area, Rural Fringe Mixed Usc District. etc,)
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August 25, 2009
b. Review of GMP amendments by the EAC
David Weeks highlighted:
. There is an annual GMP amendment Cycle with amendments initiated
by either the private sector or Staff.
. Every 7 years. an Evaluation and Appraisal Report (EAR) is prepared.
. Thc EAR provides for a Staff review of the GMP and determines if the
vision for the County has changed and amendments to the Plan necd
bc proposed.
. The EAC reviews and provides comments on the proposed
amendments.
C. Remarks from the County Attorney's Office - Steve Williams, Assistant
County Attorney
There will be a County Attorney Workshop on the Sunshine Law in September of
2009, which all Advisory Council Members should attend as the Law may change
from ycar to year.
a. Conflict of Interest
Steve Williams noted if a member has a financial, fiduciary or monetary
interest in an item they should excuse themselves from participating in the
item.
If you have a conflict of interest, a form is filled out and he recommended you
recuse yourself from the Council, sit in the back of the room and not
participate.
He noted all issues are not "clear-cut. " and Florida Law does define the
parameters of when you should abslainfrom an issue. lfyou are unsure if you
have a conjlicl of in/eres/ con lac/ Staff for a delermination.
b. Member interaction during and outside of meetings
Two or more Council (and all Advisory Board) members are not permitted to
discuss any issues, which may come before the Council outside of a publicly
noticed meeting. The requirement also applies to e-mail communications and
breaks during meetings. Any communications should be directed to Staff who
may disseminate the information to the members.
If it is anticipated two members may appear in any capacity at another County
Meeting, contact Staff for a determination if the appearances should be duly
noticed.
[fthc Council wishes to take an official position on an item, it should be
determined at a publicly noticed EAC meeting, and one member should be
dircctcd to appear,
c. Ex parte
If a person with an application to be reviewed by the EAC contacts a Council
member requesting a site visit or to discuss the item, you may, or may not
converse and or meet with them. If the member chooses to, the
meeting/discussion needs to be individual, with no other EAC members
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August 25, 2009
present. If a member discusses the item or makes a site visit, it needs to be
disclosed at the EAC meeting before the item is heard.
Break: lO:23am
Re-convened: JO:35am
D. Land Development Code amendment scbedule - Stephen Lenberger, Senior
Environmental Specialist
Stephen Lenberger provided the documents "ProgramlProjecr Commitments
EAR-based Amendments - Conservation and Coastal Management Element" and
"Proposed Schedule for LDC Amendment 2009 Cycle I .. for review by the
Council. He provided an overview on the status of the proposed LDC
amendments and reviewed the scheduling with the Council. The EAC is
scheduled to review the proposed amendments at their regular October and
November meetings.
Staff will attempt to provide the Council members with copies of the proposed
changes before the meeting,
E. Stormwater Management - Stan Cbrzanowski
The Council was provided a copy of "Division 23 - Environmental Advisory
Council" of the Collier County Codes governing the EAC.
Mr. Cbrzanowski provided an ovcrview of Stormwater Management issues
within the County. The County has recently relinquished their delegation
agreement with South Florida Water Management District (SFWMD) for
reviewing projects less than 40 acres. All projects within Collier County will now
be reviewed by SFWMD for stormwater impacts, ifrequired by the SFWMD.
Summer Araque re-iterated the surface management aspect of any Petition that
may be reviewed by the SFWMD is exempt from EAC review. except to evaluate
the criteria for allowing treated storm water to be discharged into Preserves.
F. What does the EAC review'! - Summer Araque and Susan Mason,
Environmental Services Section
a. Project review
Summer Araque and Susan Mason presented a Slide Show and handout on
the paramcters ofEAC reviews, EAC powcr and duties, the types of petitions
subject to review, etc.
They noted the importance for members to understand their functions and
parameters for reviewing items and to stay on track and not stray from the
issues assigned to the EAC for review. Ifthe Council strays from the
parameters, Staff will bring it to the Council's attention.
For example, applicants are not required to provide certain detail for Rezone
Applications, (detailed site designs, building elevations, etc.) and some
questions on design parameters may be outside the scope of the review.
4
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August 25, 2009
If the Council wishes to advance an issue, (LDC amendment, etc.), a memo
from the Council must be directed to the Board of County Commissioners so
that the County Manager may provide Staff direction on addressing the issue.
Staff may not undertake these types of proposed initiatives without
authorization,
b. Tbe importance of attendance
Meetings are on the first Wednesday of the month and may last from I hour to
an entire day. .
The importance of attendance was stressed and the Chairman may deem a
person who does not attend a meeting "'Absent" or "Excused." Poor
attendance is grounds for dismissal from an Advisory Board.
c. Question and Answer
None.
G. Naples Daily News Article - Re: Proposed ATV Park at Miami - Dade
Jetport
Chairman Husbon noted an article in the Naples Daily News mischaracterized
the Environmental Council Advisory Council's position on the proposed A TV
Park.
It was determined the issue should be addressed at the September 2. 2009 EAC
meeting when the proposed A TV item will be officially heard by the Council.
VI. Public Comments
None
Tbere being no further business for tbe good ofthe County, the meeting was
adjourned by tbe order of tbe Cbair at 11 :40 AM.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
co . "> J/
~; lAiU uJ ' ,'L 'f..JV-.vMV
/' Chairman, Dr. Juditb Husbon
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These Minutes were approved by the Board/Chairman on
as presented _""--, or as amended _
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5
RECEIVED
OCT 0 7 2009
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MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, September 2, 2009
LET IT BE REMEMBERED, that the Collier County Environmental
Advisory Council in and for the County of Collier, having conducted
business herein, met on this date at 9:00 AM in a REGULAR SESSION in
Building "F" of the Government Complex, Naples, Florida with the
following members present:
CHAIRMAN: Dr. Judith Hushon
VICE CHAIRMAN: Andrew Dickman
Noah Standridge
Michael V. Sorrell
Patrick Peck
ALSO PRESENT: Steve Williams, Assistant County Attorney
Stan Chrzanowski, PE, Engineering Manager
Summer Araque, Sr. Environmentalist Specialist
Tom Greenwood, Comprehensive Planning
David Weeks, Comprehensive Planning
Barry Williams, Director, Parks and Recreation
Chris D' Arco, Environmental Speci~tcorres:
DIIlI:
Item #:_____
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ENVIRONMENTAL ADVISORY COUNCIL AGENDA
September 2, 2009 - 9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "Fn) - Third Floor
I. Call to Order
II. Roll Call
III. Approval of Agenda
IV. Approval of August 5, 2009 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
Comorehenslve Planning Deoartment
A. Petition CP-200B-4, Fillmore, LLC - Petition to amend the Growth Management Plan (Future Land
Use Element and companion Fufure Land Use Map) by redesignating Rural Fringe Mixed Use
District (RFMUD) Sending Lands to Neutral Lands, to allow Neutral Lands uses, particularly facilities
for the collection, transfer, processing and reduction of solid waste, The 2B,7-acre subject property
IS located at present Fillmore recycling site located on the east and south sides of Washburn
Avenue, east of the Naples Landfill - DaVid Weeks for Corby Schmidt, Comprehensive Planning,
B Petition CP-2009-01' Miami-Dade County - Petition to amend the Growth Management Plan
(Future Land Use Element and companion Future Land Use Map) by creating the "Dade-Collier
Cypress Recreation Area District" in the Conservation Designation The 1,60B-acre subject
property is located at the Miami/Dade-Collier County line north of U,S, Highway 41 and south of the
runway of the Dade-Collier Training and Transition Airport, and, IS located within the Big Cypress
Area of Critical State Concern (ACSC), Tom Greenwood, Comprehensive Planning
Engineering and Environmental Services Deoartment
C, Site Improvement Plan SIP-P12009097
Rookery Bay National Estuarine Reserve Nature Trail
Section 9 & 10, Township 51 South, Range 26 East
D Planned Unit Development Amendment- PUDA-AR-10318
Magnolia Pond PUD
Secfion 34, Township 49 South, Range 34 East
VII. New Business
VIII. Old Business
IX. Update members on projects and Staff comments
X Subcommittee Reports
XI. Council Member Comments
XII. Public Comments
XIII. Adjournment
**********************************************.********************
Council Members: Please notify Summer Araaue. Environmental Services Senior Environmental
SDeclallst no later than 5:00 D.m. on Auaust 26. 2009 If vou cannot attend this meetlna or if vou have a
conflict and will abstain from voting on a Detltion 1252-62901.
r,
General Public: 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 proceedings is
made, which record includes the testimony and eVidence upon which the appeal IS to be based
16 I 1 I
All
.
September 2, 2009
I. Call to Order
Chairman Uushon called the meeting to order at 9:02AM.
II. Roll Call
Roll call was taken and a quorum was established.
III. Approval of Agenda
Mr. Peck moved to approve the Agenda. Second by Mr. Dickman. Carried
unanimously 5-0.
.> IV. Approval of the August 5, 2009 meeting minutes
Mr. Standridge moved to approve the minutes of the August 5,2009 meeting.
Second by Mr. Peck. Carried unanimously 5-0.
V. Upcoming Environmental Advisory Council Absences
None
VI. Land Use Petitions
Comprehensive Planninl! Department
A. Petition CP-2008-4, Fillmore, LLC - Petition to amend the Growth
Management Plan (Future Land Use Element and companion Future Land
Use Map) by re-designating Rural Fringe Mixed Use District (RFMUD)
Sending Lands to Neutral Lands, to allow Neutral Lands uses, particularly
facilities for the collection, transfer, processing and reduction of solld waste.
The 28.7-acre subject property is located at present Fillmore recycllng site
located on the east and south sides of Washburn Avenue, east of the Naples
Landfill.
(Staff: David Weeks to present for Corby Schmidt, Comprehensive Planning)
The presenters were sworn in
Dwight Nadeau, Planning Manager for RWA, Inc. provided an overview of the
Petition highlighting:
. Site is currently zoned agriculture and approved for the processing of
recycled materials and a mulching facility, which will continue.
. The proposal is to change the property designation from "Sending" to
"Neutral" Lands in the RFMUD.
. The on-site operation is proposed to be expanded to include the
processing of construction and demolition debris.
. Studies indicate there are no listed species or related foraging habitat
found on site.
. The operation will require the construction of a 20 square foot
building.
. No hazardous waste materials will be accepted on site.
. The lack of environmental attributes found on site makes it favorable
for re-designation.
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September 2, 2009
Under Council discussion the following was noted:
. The application is for a land-use designation change and needs to be
evaluated to determine if the environmental parameters warrant a re-
designation from "Sending" to "Neutral" Lands.
· The site is adjacent to Red Cockaded Woodpecker cavity trees and or
foraging, but is not currently being maintained to promote Red
Cockaded Woodpecker habitat.
Mike Ramsey, Ramsey, Inc. Environmental Consulting noted there is no RCW
activity on site and management for the species has not been required in
previously issued permits, In addition, the existing vegetation found on site is not
feasible for use by RCW.
David Weeks. Planning Manager, Comprebensive Planning noted:
. Staffhas determined the data analysis has determined the designation
of "Sending lands" is not warranted and the property designation
should be changed to "Neutral Lands."
. If the designation is approved, any uses allowed within the Neutral
Lands designation would be allowed, through proper permitting.
· A Neighborhood Information Meeting was held with no objections for
the proposed re-designation.
. Staff recommends approval of the Petition.
Mr. Standridge moved to approve CP 2008-04 and send it to the (Collier County)
Planning Commission for review. Second by Mr. Sorrell. Carried unanimously
5-0.
B. Petition CP-2009-01: Miami-Dade County - Petition to amend tbe Growtb
Management Plan (Future Land Use Element and companion Future Land
Use Map) by creating tbe "Dade-Collier Cypress Recreation Area District"
in tbe Conservation Designation. Tbe 1,608-acre subject property is located
at tbe MiamilDade-Collier County line nortb of U.S. Higbway 41 and south
of the runway of the Dade-Collier Training and Transition Airport, and, is
located witbin the Big Cypress Area of Critical State Concern (ACSC).
(Staff: Tom Greenwood, Comprebensive Planning)
The presenters were sworn in
Chairman Uusbon noted a Naples Daily News Article incorrectly stated the
Environmental Advisory Council had taken a position on the item. The author
was relying on information provided in the Environmental Advisory Council
"Staff Report." The Council had taken no position on the item prior to today's
hearing.
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September 2, 2009
Kevin Asher, Miami-Dade Parks and Recreation Department provided an
overview of the Petition highlighting the following:
o The proposal is to create the "Dade-Collier Cypress Recreation Area
District" for a portion oflands (1608 acres of the existing 24,000
acres) currently "Conservation Designation" for the Miami-Dade Jet
Port property,
o The property is locatcd within the "Area of Critical State Concern"
(ACSC) on the southern section of the tract ofland controlled by
Miami-Dade County on US 41 adjacent to Big Cypress National
Preserve.
o The Petition requires a map and text (language) amendment to the
Comprehensive Plan.
o The site in question is currently utilized for swamp buggy activities,
hiking, hunting, etc., which uses are currently unsupervised.
. Thc proposed use will be for ATV's, moto-cross bikes, and/or Off
Road Vehicles, (no Swamp Buggies), hunting, fishing, hiking and
biking.
o The site will be fully supervised via a Park Ranger and volunteers.
o The proposed language to be incorporated into the Future Land Use
Element of the Comprehensive Plan has been submitted by the
Applicant as indicated on Page 4 and 5 ofthe application.
o To limit the re-designation to the 1,608 acres portion of the property,
Collier County Staff recommended the Applicant propose a "District
Overlay."
Mark Miller, Associate Environmental of Miller Legg provided a Slide Show
and provided an overview of the environmental characteristics of the site
highlighting:
o Nine "vegetative communities" have been identified on site in utilizing
the FLUCCS (Florida Land Use and Cover Classification),
o Telemetry indicates there is Panther activity on site
o The Applicant has contacted the US Fish and Wildlife Service and the
Florida Fish and Wildlife Conservation Commission have no
objections to the proposal
o There will be no nighttime recreation activity permitted on site.
o Less than 3 percent of the site will be disturbed and the current
disturbed area will be reduced from 40 - 50 miles of swamp buggy
trail to 10 ~ 15 miles of trail, which will be narrower in width.
Andy McCall, Miami-Dade Parks and Recreation addressed the existing
conditions on site:
o Swamp Buggies have been utilizing the property since the 1940's and
have impacted the site with 40 ~ 50 miles of trails.
o The trails proposed will provide a 75 percent reduction in disturbed
area.
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September 2, 2009
o It will be operated by the Miami-Dade Parks and Recreation
Department and will require construction of a 2,400 sq. ft.
"Orientation Center
o In addition to the A TV trails, there will be construction of fishing
piers, wildlife viewing areas, archery areas, hiking and biking trails.
o All trails will be constructed as narrow as possible and "at grade."
o The "Swamp Buggy activity" will be relocated to the northern portion
of the existing 24,OOO-acre property.
Kevin Asher concluded, noting the Petition:
o Proposes re-designating the land to a "Recreation Area District" and
provides for a strong approach in preservation and mitigation.
o Provides for the elimination of unsupervised adverse uses On site.
o Responds to County and State initiatives.
o Ensures the uses will be coordinated with any applicable County, State
and Federal Agencies.
. Has the endorsement of the Collier County and Miami Dade County
Sheri ffs.
Kevin Asher addressed many questions from Council:
o The operations will incorporate issuance of use permits for vehicles,
education programs, an on site Supervisor and volunteer rangers.
o The site is inundated with water at times during the year and certain
uses may be limitcd depending on environmental conditions.
o A portion of the tarmac area is reserved for Swamp Buggy Parking and
will remain in this use.
o The aviation aspect of the rcmaining property will remain including
training and any dcsignated Federally authorized uses.
o Traffic impact studies project 14,000 user occasions annually and thc
proposal will have a small impact on traffic.
. The Applicant believes the goals ofthe ACSC are furthered by on site
supervision of the uses, improvement ofthe trails to promote "natural
sheet flow," and impacting less than 3 percent of the site.
o The Management Plan will strive to ensure user groups do not conflict
in their utilization of the property.
o A joint use agreement between the Counties (Collier, Miami-Dade,
etc.) will be implemented.
o Impacts on greenhouse gas emissions created by the proposal have not
been officially analyzed.
Chairman Hushon noted based on A TV registration data, a majority of
the users will be from the East Coast and changes are being requested to
Collier County lands. 10 of the sites studied by the Applicant scored as
well in the analysis for the location of a site. The biggest advantage to this
site for the Applicant is their ownership of the property.
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September 2, 2009
Break: JO:44am
Reconvened: 11: OOam
Tom Greenwood, Comprehensive Planning submitted the following documents
for review:
. Copies of email from individuals which expressed concern on the use
of the site for ATV's including noise, impacts on wildlife, impacts on
the Florida Panther etc.
. A letter to "Kevin Asher, from Julio Menanche, of MSA Assoc" dated
August 25, 2009, addressing some areas of concern in the outlined in
the Staff Report.
. A letter from "John C. Weldon, Forest Recreation Administrator for
the Florida Division of Forestry dated August 26, 2009" indicating the
proposal is consistent with the T. Mark, Schmidt Off-Highways
Vehicle Safety and Recreation Act.
. A letter from "Larry Dugan and Katie Edwards of the Dade County
Farm Bureau to Kevin Asher dated August 31, 2009," indicating OHV
utilization in Miami Dade County has negative impacts on crops and
support the proposal.
. A letter from "Robert Parker, Director of the Miami Dade Police
Department to Tom Greenwood dated August 31, 2009" supporting
the proposal.
. A letter from "Kevin Rambosk, Collier County Sheriff to Tom
Greenwood dated September I, 2009" supporting the proposal.
. A letter from "Manley Fuller, President of Florida Wildlife Federation
to James McCall, Park Planner for Miami Dade County dated
September 1,2009" indicating it the proposal moves forward, specific
standards for usage be implemented.
. A letter to "Kevin Asher from Barry Williams, Director of Collier
County Parks and Recreation dated June 2, 2009" indicating this site
should be considered for A TV use.
He provided a detailed overview of the Staff Report (Environmental Advisory
Council"from the "Community Development and Environmental Services
Division, Comprehensive Planning Department, Hearing Date September 2.
2009 "), highlighting the following:
o A private A TV park in Charlotte County had a public event in which
] 5,000 guests attended.
o ATV use is allowed in the Big Cypress National Preserve, with a
proposal for expansion.
o The current Conservation Designation permits passive recreation and
does not permit motorized usage as outlined in the LDC.
o The applicant has not addressed the impact on greenhouse gases.
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September 2, 2009
· Staff suggests the application is not consistent with the goals of the T.
Mark, Schmidt Off-Highways Vehicle Safety and Recreation Act in
safeguarding natural resources.
. Staff requested a detail desktop analysis of non-tidal ACSC lands
within the Conservation designation. The applicant declined to provide
the information,
· The site is inundated with water most of the year with the Park to be
closed during dry and wet seasons.
In conclusion, Staff recommends the Environmental Advisory Council forward
Petition No. CP-2009-1 to the Board of County Commissioners with a
recommendation not to transmit this Petition to the Florida Department of
Community Affairs.
David Weeks, Comprehensive Planning noted:
. Staff has a concern re-designation of the property may set a precedent
where other private landowners in the area may come forward
requesting are-designation of their property.
. The Applicant bases its conclusions on the fact the site will see
reduced environmental impacts by reducing the disturbed areas and
limiting the.existing uses on site, to the hest of his knowledge, the
existing use is deemed "unauthorized" by the Collier County Planning
Department.
. The proposed language amendments by Staff to the language proposed
by the Applicant to be incorporated into the FLUE shown on Page 10
of 13 of the Staff Report does not constitute Staff endorsement of the
proposal, rather language Staff requests should the proposal be
approved.
Barry Williams, Director, Collier County Parks and Recreation stated the
Department has been involved in the issue working with South Florida Water
Management District in locating an ATV site in Collier County. To date a site
has not been formally approved, and noted the region needs an area where
supervised A TV usagc can occur. The Applicant has utilized due diligence in
proposing the site. Unlike Big Cypress National Preserve, this site will cater to
rccrcational riding activities for families.
Speaker
Wayne Jenkins, Collier Sportsmen and Conservation Club addressed the
Council and noted he is a member of the Off Road Vehicle Committee for Big
Cypress National Preserve. A TV use continues to grow in popularity and is
allowed in Big Cypress National Preserve but restricted by the issuance of
permits. Currently there is more demand than supply of permits and the Preserve
utilizes a lottery system for issuing permits. There is a distinct need for a well
managed, family oriented, A TV Park. He urged the EAC to support the proposal
to re-designate a portion of the property in question.
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September 2, 2009
Mr. Sorrell moved to approve the Petition (Petition CP-2009-01: Miami-Dade
County - Petition to amend the Growth Management Plan (Future Land Use
Element and companion Future Land Use Map) by creating the "Dade-Collier
Cypress Recreatioll Area District" in the COllservation Desigllation.) Second by
Mr. Standridge.
A lengthy discussion took place noting the proposed use is needed within the
region and the proposal may reduce the current level of negative environmental
impacts created on site.
Mr. Dickman expressed concern the proposal may set future precedents for re-
designation requests in the area. The wet conditions found on site will severely
limit the use of the park. He acknowledged the need for a site, but this site will
not ultimately provide a solution for a safe and useable environment for Off Road
Vehicle Riders. There is not enough data provided to ensure the Petition meets
the goals of the Conservation Element of the Comprehensive Plan.
Chairman Husbon concurred on the setting of a precedent and expressed
concern the site is in the Area of Critical State Concern with a proposed use in an
area currently "Conservation Designation." Attention to Endangered Species is
inadequate, environmental omissions have not been addressed and proposal is
inconsistent with the "T Mark Schmidt Off-Highway Vehicle Safety and
Recreation Act."
Andy McCall, Miami-Dade Parks and Recreation stated projections indicate
the site will be open for ATV use 6 months of the year, and hiking/biking 9
months of the year.
Discussion occurred if the motion should contain any conditions for approval?
Mr. Sorrell amellded the motion to approve the Petitioll (Petition CP-2009-01:
Miami-Dade County - Petition to amend the Growth Management Plall
(Future Land Use Element and companioll Future Lalld Use Map) by creatillg
the "Dade-Collier Cypress Recreatioll Area District" in the Conservation
Desigllation) subject to the following conditioll:
Approval is subject to the following language additions, amendments or deletions
to the Applicants proposed language as shown on Page 4 and 5 of the Application.
Said language additions, amendments or deletions are proposed by Staff on page
10 of 13 ofthe Staff Report to the "Environmental Advisory Councilfrom the
"Communi(v Development and Environmental Services Division, Comprehensive
Planning Department. Hearing Date September 2, 2009, .. specifically:
I. Page 4 of application, last line - language added to read:
Development within this District, except for trails, may be concentrated on
already disturbed area along the western portions of the site, primarily in
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September 2, 2009
Section 16. "This District will be exempt from Policy VA.I.d of the FLU.
Section lJ, Implementation Strategy in that it will not be required to protect all
wetland plants as described by this section. The 10% ACSC site alteration
limit will still apply. ..
2. Page 5 of application, paragraph 1 - language amended to read:
The drainage and storm water management systems for this District "shall" be
designated to the compatible with environmental site assessments.... where
determined appropriate.
3. Page 5 of application, paragraph 2, #1 -language added to read:
OHV uses as defined in F.S. 261.03 and 261.20 for operation ofOHVs on
public ... (e.g. tire chains). "OHVsfor this site shall be limited to ATVs and
motocross vehicles. Swamp buggies are prohibited. ..
4. Page 5 of application, paragraph 2
Deletion of the language provide in #12.
(See attached "Exhibit An)
Second by Mr. Standridge. Motion carried 3 'yes" - 2 "no." Chairman
Hushon and Mr. Dickman voted "no "for the reasons outlined above.
Break: 12: 1 2 pm
Reconvened: 12:20 pm
Enl!ineerinl! and Environmental Services Department
C. Site Improvement Plan SIP-PL2009097 Rookery Bay National Estuarine
Reserve Nature Trail
Section 9 & 10, Township Sl South, Range 26 East
(Staff: Christopher D' Arco, Engineering and Environmental Services)
The presenters were sworn in.
Mariben Espiritu Anderson, Environmental Manager, The LPA Group, Inc.
provided an overview of the application highlighting:
. The proposal is for development of a passive recreation trail for
education purposes.
. The trail will be located adjacent to the Rookery Bay National
Estuarine Research Reserve located on Collier Blvd., South of its
intersection with US 41.
. Where necessary, the trails will require construction of boardwalks.
. For Grant Funding purposes, the trails need to be completed before
December 25,2009.
9
16/1A4 ..
September 2, 2009
2) Provide a Gopher Tortoise relocation management plan as part of the next
Development Order.
3) Provide a report to the Environmental Services staff on the results of the
relocation of gopher tortoises within thirty days of relocation. The report
must contain the following information: the number of burrows excavated, the
number of tortoises relocated, and the final relocation site.
Mr. Sorrell moved to approve the application subject to the Staff conditions
outlined above. Second ~y Mr. Dickman. Carried unanimously 5-0.
&-<- /i'faot1'luf "~B h-U.t..f1i'Ut.'L<-J. (~<1
New Business fk.h,h/'f U
None
VII.
VIII. Old Business
None
IX. Update members on projects
None
X. Subcommittee Reports
None
XI. Council Member Comments
None
XII. Public Comments
None
*****
There being no further business for the good of the County. the meeting was
adjourned by the order of the Chair at 12:47 PM.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
C~airman, Dr. Judith Hushon
These Minutes were approved by the Board/Chairman on
as presented , or as amended ....------
/0 h /0 f
. ,
II
1611
A4
September 2, 2009
Mr. Standridge moved to approve (Site Improvement Plan SIP-PL1009097
Rookery Bay National Estuarine Reserve Nature Trail Section 9 & 10,
Township 51 South, Range 16 East). Second by Mr. Sorrell. Carried
unanimously 5-0.
D. Planned Unit Development Amendment PUDA-AR-10318 Magnolia Pond
PUD
Section 34, Township 49 South, Range 34 East
(Staff: Christopher D' Arco, Engineering and Environmental Services)
The presenters were sworn in.
Jeremy Sterk and Tim Hancock of Davidson Engineering provided an
overview of the application highlighting:
o The Petition is to rezone a 5-acre parcel added to an existing 42.05
parcel at the Northeast Comer DfMagnolia Pond PUD Dn MagnDlia
Dri ve.
o The project was Driginally approved in 1998 fDr 231 residential units
on the 42.05 acres.
o Thcre is no increase in the number of residential units proposed,
hDwever the site will be utilized as an assisted living facility.
o The project will comply with current Collier County Land
DevelDpment Standards.
o The Prcscrvc Areas have been re-designed to abut an existing preserve
located on an adjacent site.
o The applicant proposes to slightly alter Golden Gate Canal and deed a
20-foot easemcnt tD the CDunty for kayaking, canDeing, etc. access.
o There are Gopher TDrtDises located on site, which will be re-lDcated
off-site.
Stan Chrzanowski, Engineering Manager for Collier County provided an
overview Dfthe LIDAR (Light Detection and Ranging) Map for the area.
Chris D' Arco, Environmental Specialist stated Staff recommends approval of
Residential Planned Unit DevelDpment RezDne No. PUDZ-2006-AR-I0318
"Magnolia Pond PLIO" with the following conditions:
Stormwater Manal!ement
SDuth Florida Water Management District permit modifications shall be obtained
prior to the next Development Order.
Environmental
I) Provide Florida Black Bear and Big Cypress fox squirrel management plans
as part of the next Development Order.
10
16l1tl ~
Patricia L. MorQan
From:
Sent:
To:
Cc:
Subject:
David Durrell [transcriber@embarqmail.com]
Monday, September 14, 2009 10:30 PM
Patricia L. Morgan
schapin43@aol.com
Re: as requested" EAC 9/2/09 "Exhibit A"
Thanks Trish,
Actually, what needs to be attached to the minutes is only pages 4 and 5, not, 3 and 6, I forgot to
mention that.
Dave
m__ Original Message -----
From: "Patricia L. Morgan" <patricia,morgan@collierclerk.com>
To: SCHAPIN43@aol.com
Cc: "David Durrell" <transcriber@embarqmail.com>
Sent: Monday, September 14, 20092:02:14 PM GMT -05:00 US/Canada Eastern
Subject: as requested... EAC 9/2/09 "Exhibit A"
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address
released in response to a public records request, do not send electronic mail to this entity, Instead,
contact this office by telephone or in writing.
16 I 1
~-L-01
G:- A L.
G. Size in Acres: Aoorox. 1.608 H. Zoning CON-ACSC/ST. Conservation District within Area
of Critical Stote Concern/Soeclal Treatment Overlay
I. Present Future Land Use Map Designation(s) Conservation and Area of Critical State Concern
Overlay
~ ,
;;" II
. -~
A"
Ii II.
'I e.(
..
....- ,'i. \.
IV. TYPE OF REQUEST:
A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED:
X Future Land Use
Immokalee Area Master Plan
Transportotion
Coastal & Conservation
Intergovernmentol Coord,
Sanitary Sewer
Dralnoge
Golden Gate Areo Master Plan
Copltollmprovement
Housing
Recreotlon & Open Space
Potabie Water
Solid Woste
Natural Groundwater Aquifer
B. Amend Page(S) 12. 87 ond 124 of the Future Land Use Element
As Follows: (Use CreGS It1l'Qu€lhs to Identify language to be deleted: Use Underilne to
identify language to be added). Attach additional pages if necessary:
See Below
Page 12
Policy 1 .4:
A.
Page 87
The CONSERVATION Future Land Use Deslgnotion shall Include 0 Future Lond Use District.
DADE-COLUER CYPRESS RECREATION AREA DISTRICT
A. Dade-Collier CVDre.. RecrllCltlon ArlKJ DlsIrtct
The Dade-Colller Cvoress Recreation Area District encomoasses aooroximatelv 1.~ a;;;es of
land located within Sectlons 13. 14. 15. and 16 of Townshlo ~d &'~f~ R;~: E E~t. ~uIO~i~~ the
Mloml-Dade/Colller Countv line north of U.S. Hlahwav 41 an sou of nw_v f th ~~de-
Collier Transition and Tralnlna AlrDort. and within the Bi~ ~ore~ Are~~f ~1;:lcal s~~~ Concern
(ACSC). All lands within this District are entlrelv owne v MI~ml-D e ountv includes
wetlands. cvoress and hardwood forests. and five man-made lak s.
The orimorv Duroose of this District Is to enhance the exlstlna natural resour~~~ while orovidlna for
an aDoroorlate level of recreational uses beneficial to the countv and the r I n.
a, VI . c r b Idln - f r mln tv ffj es rient tf n ar m tin r m nd
retrm- x 4
b. Parkina lot limited to 0 cODacitv of 80 oassenaer vehicles and associafed trailers:
c. Primitive Camolna:
d. Recreational vehicle comoina:
e. Flshina Diers and docks:
f, Multi-use trails for oedestrlans and blcvcles:
g. Wildlife vlewlna olattorms on~v"rloOkS:
h. Archerv ranae;
i. Off hiohwav vehicles (OHVl trails: ond
j, Other uses as allowed In the Conservation Deslanatlon.
(j)
~ Develooment within this District. exceot for trails. mov be concentrated on alreadv disturbed oreo
"alona the western oortions of the site. orimorllv in Section 16.
r
4
t~
1 6 I 1 'A 4
Si,,11
~ ~ The drainaae and storm water manaaement systems for this District mev be deslaned to be
~ comoatlble with environmental site assessments. develooment and mltlaatlon strateales.
environmental enhancements and reaulatoN reaulrements. Site develooment mav
restore/reallan exlstlna trails orevlouslv created bv swamo buoales that traverse the slte orlmarilv
In an east/west direction. Lake edaes may be Imoroved with a shallow littoral zone where
determined aoorooriate.
At the tlme of rezonina. an adaotlve comorehenslve manaaement clan shall be orovlded that
includes:
1, OHV uses as defined In F.S. 261.03 and 261.20 for ooeratlon of OHVs on oubllc land. These
" soeclflcatlons mav address vehicle and tire size. noise control. orohlbitlon of certain OHV
----'!> tvoes (e.a. tracked vehicles). Drohlbltlon of devices affixed to tires (e,a. tire chains).
2. An OHV Insoectlon oroaram and vehicle realstratlon orooram
3. Provlslons to demarcate slte boundaries.
4. Deflnltlve location of all orooosed uses - camosltes. oarklna areas. archeN rance. OHV
trails and trail access oaints. oedestrian and b1cvcle trails. etc.
5. Develooment Intensltv limitations - maximum number of RV and orlmltlve camolna sites.
caD on number of OHV users dallv. etc,
6, Monltorlna orovlslons to ensure OHV comollonce.
1. Enforcement orooram for comollance with all slte/oark restrictions and limitations.
8. Soeclflcatlon of oeriods of ooeratlon. esoeclallv for OHVs - dallv hours of ooeratlon. oeriods
of closure (e.a. hlah water. fire threat. hurrlcane threat). seasonal restrictlons or closure.
9. Monltorina for detrimentallmoacts uoon listed soecles.
10, Restoration clan for Dresentlv disturbed oortlons of the slte not to be utilized (e.a. most of
the exlstlna OHV trolls). and creation of littoral zones for all lakes where det~~I~
aooroorlate.
11. Demonstration of cornollance with the ACSC limitations (e.a. maximum site alteration of
~ Nn
~~12. D&vlotlo.... ta FQOblBM aI9ftJPh'-lln...~ ro areas Imoacted bv deV8100mtfllllll 11.8 teef" \A1here
unavoidnhla I ..... fa (] FAa)(IFA~FA of 1 ~ 8f tAe 9l:.Ielet:t JIM ~rea.
Page 124 - Additional Map to be added:
Future Land Use Map
Mixed Use & Interchange Activity Center Maps
Properties Consistent by Policy (5.9.5.10.5,11.5.12.5.13.5,14.5,15) Mops
Collier County Wetlands Map
Callier County Wellhead Protectlon Areas and Proposed Wellfields and ASRs Map
Rivers ond Floodplains Map
Estuarine Bays Map
Solis Map
Existing Commercial Minerai Extroctlon Sites Map
Bayshore/Gateway Triangle Redevelopment Overlay Map
Stewardship Overiay Map
Rural Lands StUdy Area Natural Resource Index Maps
North Belle Meade Overiay Map
Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities) Map
Existing Sites for Future Public Educational Plants and Ancillary Plants
Plantation Island Urbon Area Map
Copeland Urban Area Map
Rallheod Scrub Preserve - Conservatlon Designation Map
Lely Mitlgatlon Pork - Conservation Designation Map
Urban - Rural Fringe Transition Zone Overlay Map
Oronge Blossom Mixed Use Subdistrict Mop
Vonderbllt Beach/Collier Boulevard Commercial Subdistrict Map
,)Q',,, t.>oulevard/County Barn Road Mixed Use Subdistrict Map
5
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I do not recommend forwarding this recommendation for a GMP amendment to the
DCA for the following reasons:
I. The proposed site occurs within an area of critical state concern (ACSC).
2. For good reason, the use ofOHVs not allowed in areas with Conservation
designation - reason for this amendment. Noise pollution, trash and heavy levels
of human incursion deter wildlife. This project is not consistent with the
Conservation designation in the FLUE. This is NOT a passive park. This would
also set a precedent for setting aside more non-confonning districts in the future.
3. Other sites are available-the primary advantage of this site seemed to be that
Miami-Dad owned it already. The other sites are also closer to the majority of
vehicle owners and would reduce transportation time. [30,000 OHVs in Palm
Beach, Miami-Dade and Broward vs 5560 in Collier]
4. 93% of the site consists of wetlands. Most of the site is currently flooded from
June-Feb and peak months of proposed use are Oct-Mar. The introduction of
stabilized trails will halt overland flow or require significant engineering to ensure
that flow is maintained. [It is my guess that the engineering will stop the flow.]
5. The treatment of threatened and endangered species in this study is not adequate.
The collared animal detection charts indicate several areas of significant interest.
None of these species does well with OHV type of presence in their vicinity.
6. Proposed parking lot for 80 vehicles does not even come close to accommodating
the use projections during peak usage times. Especially if take into account all
proposed uses.
7. Negative environmental emissions impacts from long drives to the site, and from
GHG emissions on the site.
8. No reason to believe that this project will "safeguard Florida's natural resources,"
as required under the T Mark Schmidt Off Highway Vehicle Safety & Recreation
Act.
9. Need for full-time Rangers on the trails to prevent off-trail riding; not just for park
personnel at the gate checking registrations.
16/ 1 A 5
COLLIER COUNTY DIVISON OF PUBIC SERVICES
Parks and Recreation Department
15000 Livingston Road- Naples, Florida 34109 - Phone (239) 252-4000 - Fax (239) 514-8657
Website: colliergov.net
GOLDEN GATE COMMUNITY CENTER
ADVISORY BOARD
AGENDA
October 5, 2009
I. Call to Order
II. Attendance - Establish a Quorum
III. Approval of Agenda
IV. Approval of Minutes - August 31, 2009
V. Old Business
A. Recreation Highlights - Vickie Wilson
VI. New Business
A. Monthly Budget - Annie Alvarez
B. Bleacher Information - Vickie Wilson
C. Golden Gate Community Center 5 Year Plan - Annie Alvarez
VIII. Member Comments
IX. Public Comments
X. Adjournment
The next meeting will be on November 2, 2009 at 6:00 PM
Collier County Golden Gate Community Center
4701 Golden Gate Parkway, Conference Room "C"
Naples, Florida
'--
I~:.,
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Miec. Comls:
011I: \ \ \ D I Dc;)
...\!PI(l A-S
':Cries to
16/ 1
August 3]. 2009
A5/'
CE\VrgfDJUTES OF THE MEETING OF THE COLLIER COUNTY
RE, ' \) 2009 GOLDEN GATE COMMUNITY CENT~~a l:>~~ L
OCl ',5 ADVISORY BOARD H:las /J/J
~ rn\S$\one --.,...--
, ,,,.\,/ (,Om Henn'lng I ,
i,,03l{\ ,} \",0 "
, ~ V
Nap'les, Florida, August 31,2009 Coletta
LET IT BE REMEMBERED, that the Collier County Golden Gate
Community Center Advisory Board, in and for the County of Collier,
having conducted business herein, met on this date at 6:00 PM in a
REGULAR SESSION in Conference Room "C" of the Golden Gate
Community Center, 4701 Golden Gate Parkway, Naples, Florida, with the
following members present:
CHAIRMAN:
VICE CHAIR:
Jim Klug (Excused)
Ellen Shaw
Kaydee Tuff
Bill Arthur
Dan'in Brooks
ALSO PRESENT:
Annie Alvarez, Regional Manager/Region III
Vickie Wilson, Community Center Supervisor
Mile. Cones:
0ItI:
Item #
1 6 JUgft 3 A2' ~
I. Call to Order
The meeting was called to order at 6:00 PM by Vice Chairman, Ellen Shaw.
II. Attendance - Establish a Quorum
A quorum was established.
III. Approval of A~enda
William Arthur moved to approve the Agenda as submitted. Second by Darrin
Brooks. Motion carried unanimously 4-0.
IV. Approval of June 22, 2009 Mcctin~ Minutes
William Arthur moved to approve the June 22, 2009 Minutes as submitted.
Second by Kaydee Tuff. Motion carried unanimously 4-0.
V. Old Business
A. Recreation Highlights
Vickie Wilson reported -
, First year the Youth Breakfast and Luncheons were "Open to the Public"
, Held June 8'1. through August ]4'1. with an average 01'65 participants daily.
,.. Senior Program averaged 25-30 lunches pcr day with thc samc participants
attending the Bingo Session.
, Bonc Builders Program held on Tuesday's and Thursday's averaged 20
participants.
, Approximately $] 5,000 in Scholarships f()r Summer Camp had been
awardcd.
, Bleachers have been scheduled to be removed and replaced with funds out
or Account #306 ofthc 2009-2010 Budget.
,.. Wheels dcck area has bccn scheduled j{)r pressurc elcaning.
,.. "'Parents NighC included both elementary and middlc schools participants
from North Naples and Golden Gate. The event was successfuL
auditorium was tillcd to capacity.
, Surveys were taken at "'Parents Night." The results will be provided to the
Committee at the ncxt meeting.
VI. New Business
A. Monthly Budget - Annie Alvarez distributed and reviewcd the Golden Gate
Community Center Revenue and Expense Report datcd August 3].2009. (Sce
attaehcd)
. The 3% Budget FY 2010 has been submitted to the Bee and is scheduled
!{Jr approval on Scptember 14.
. Positions have bccn included in the Budget Process.
. StatT was required to provide a "'Working Plan for Program Leaders"
showing anticipated revenues Irom each candidatcs program. The
2
1 ~uL1, 2009A 5
positions are vulnerable and must be able to generate two and a half times
their salaries.
Vickie Wilson suggested a 3- Tier-Movable Bleacher, as they are lightweight and
easy to move for cleaning. She will request quotes to provide at the next meeting.
Annie Alvarez stated Statfwill be applying for Grants Irom Florida Marlins
and Miami Dolphins. The funds can be used for the Arts. She said there were
additional Grant Funds j(,r Tutorial Programs available at the State and National
levels.
She also recommended Staff and the Advisory Board work on a 5- Year Plan for
the Community Center.
It was noted the Staff was currently waiting for the approval on the Grant
Application to cover the costs f(Jr Hurrieane Windows/Shutters for the
Community Center.
VII. Member Comments
Kaydee Tuff stated the 8th Annual September 11 th Tribute would be held on
Friday al 9:00 am. They will need someone to assist in setting up chairs IrJr the
half hour service.
Bill Arthur announced the Lighthouse of Collier has opened an ot1ice ofT
Bayshore Drive. They have a voting machine tr)r the visually impaired to practice
on.
Ellen Shaw announced she will be moving out of the district. She is resigning
from the Golden Gate Community Center Advisory Board and her last meeting
as a Board Member would be October 5, 2009,
VIII. Public Comments None,
There being no further business for the good of the County, the meeting was
moved and seconded to adjourn. The meeting adjourned by order of the
Chair at 6:35 PM.
COLLIER COUNTY GOLDEN GATE
COMMIINITY CENTER ADVISORY
BOARD
3
1 6 I AJust 3 L~(5
These Minutes w1re approved by the Advisory Board Chair on / IJ-_~__() ~
as presented .-J(, or as amended _______ _'
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A5
1 6 I 1 Il a;
Account Major Expenditure FY 2010 Service Level Analysis grouped by Business Unit, Org Code
Collier County Government Fiscal Year 2010
FY 2009
FY 2008 FY 2009 FY 2009 FY 2010 FY 2010 FY 2010 Adopted
Object Code and Account Name Actual Adopted Annualized Current Expanded Total % Change
0807 Parks & Recreation Department ~
157710-130 Golden Gate Community Center
50 Personal Services
512100 Regular Salaries 297,242 332,797 261,100 302,702 0 302,702 -9.04
512600 Er457 Deferred Comp 380 1,000 1,000 1,000 0 1,000 0.00
512700 Cell Phone Allowance 180 0 0 0 0 0 0.00
513100 Other Salaries And Wages 35,598 50,000 50,000 72,620 0 72,620 45.24
514100 Overtime 0 17,800 17,800 0 0 0 -100.00
518100 Termination Pay 10,152 0 0 0 0 0 0.00
518200 Voluntary Separation Incentive Program 18,600 0 0 10,554 0 10,554 100.00
519100 Reserve For Salary Adjustment 0 14,090 0 0 0 0 -100.00
521100 Social Security Matching 26,478 30,406 23,300 27,024 0 27,024 -11.12
522100 Retirement Regular 33,053 37,956 29,200 33,480 0 33,480 -11.79
523150 Health Insurance 87,588 92,403 92,500 84,432 0 84,432 -8.63
523160 Life Insurance Short And Long Term 1,893 1,948 2,000 988 0 988 -49.28
524100 Workers Compensation Regular 11,400 20,100 3,000 18,000 0 18,000 -10.45
527200 Allowance for Cell Phone -180 0 0 0 0 0 0.00
590000 Attrition Reserve 0 -17,800 -17,800 0 0 0 -100.00
50 Personal Services 522,384 580,700 462,100 550,800 0 550,800 -5.15
60 ODeratina EXDenSe
634204 It Direct Client Support 9,658 0 0 0 0 0 0.00
634210 Info Technology Automation Allocation 0 0 0 15,900 0 15,900 100.00
634211 IT Billing Hours Allocation 0 0 0 4,100 0 4,100 100.00
634970 Indirect Cost Reimbursement 267,300 289,200 289,200 77,400 0 77,400 -73.24
634999 Other Contractual Services 32,635 40,000 40,000 45,100 0 45,100 12.75
639965 Locksmiths Services And Supplies 0 1,000 500 1,000 0 1,000 0.00
639966 Pest Control 0 500 500 500 0 500 0.00
640200 Mileage Reimbursement Regular 680 900 900 600 0 600 -33.33
640300 Out Of County Travel Professional Devel 1,286 2,800 2,000 3,400 0 3,400 2143
640410 Motor Pool Rental Charge 54 300 300 100 0 100 -66.67
641700 Ceilular Telephone 890 700 700 700 0 700 0.00
641900 Teiephone System Support Allocation 5,976 3,750 5,800 5,800 0 5,800 54.67
641950 Postage Freight And Ups 106 300 200 200 0 200 -33.33
641951 Postage 38 0 0 0 0 0 0,00
642100 Bank Fees 0 0 100 0 0 0 0.00
643100 Electricity 65,723 84,000 84,000 68,000 0 68,000 -19.05
643300 Trash And Garbage Disposal 5,009 6,400 6,500 6,500 0 6,500 1.56
643400 Water And Sewer 10,374 10,800 10,800 11,000 0 11,000 1.85
644170 Rent Temporary Storage 570 0 0 0 0 0 0.00
644600 Rent Equipment 2,746 4,000 3,400 16,100 0 16,100 302.50
644620 Lease Equipment 1,156 0 2,400 2,400 0 2,400 100.00
645100 Insurance General 8,800 6,600 6,600 6,900 0 6,900 4.55
645200 Property Insurance 34,100 38,400 28,300 30,100 0 30,100 -21.61
646110 Building RAnd M Outside Vendors 1,747 5,000 2,500 5,000 0 5,000 0.00
646180 Building RAnd M lsf Bmings 2,902 5,000 5,000 5,000 0 5,000 0.00
646311 Sprinkler System Maintenance 0 500 300 1,000 0 1,000 100.00
646315 Athletic Court And Ball Field Maint 1,563 2,000 2,000 4,500 0 4,500 125.00
646316 Maint Bleachers Picnic Tables Etc 0 2,000 2,000 4,000 0 4,000 100.00
646317 Fencing Maintenance 1,436 2,000 2,000 2,000 0 2,000 0.00
646318 Mulch 2,591 3,000 3,000 4,000 0 4,000 33.33
646319 Tree Trimming 1,260 2,000 2,000 2,000 0 2,000 0.00
646320 Landscape Materials 2,390 2,000 2,000 5,000 0 5,000 150.00
646430 Fleet Maint lsf Labor And Overhead 2,004 1,200 1,200 900 0 900 -25.00
646440 Fleet Maint Isf Parts And Sublet 893 1,300 1,300 400 0 400 -69.23
646452 Playground Equipment Maintenance 2,082 2,000 2,000 2,000 0 2,000 0.00
GovMax 8/12/2009
16 f 1 A 5
Account Major Expenditure FY 2010 Service Level Analysis grouped by Business Unit, Org Code
Collier Countv Government Fiscal Year 2010
FY 2009
FY 2008 FY 2009 FY2009 FY 2010 FY 2010 FY 2010 Adopted
Object Code and Account Name Actual Adopted Annualized Current Expanded Total % Change
0807 Parks & Recreation Department ~
11577100130 Golden Gate Community Center ~
60 ODeratlna EXDense
646510 Machine Tools RAnd M Outside Vendors 257 1,500 1,500 1,500 0 1,500 0.00
646710 Office Equipment RAnd M 159 2,350 100 0 0 0 -100.00
646970 Other Equip Repairs And Maintenance 7,238 4,000 4,000 3,000 0 3,000 -25.00
647110 Printing And Or Binding Outside Vendors 2,896 7.200 7,200 8,200 0 8,200 13.89
648170 Marketing And Promotional 12,592 8,500 8,500 8,000 0 8,000 -5.88
649010 licenses And Permits 765 2,000 1,000 1,200 0 1,200 40.00
649100 legal Advertising 350 0 0 0 0 0 0.00
649930 Credit Card Discount Fee 44 0 2,500 3,000 0 3,000 100.00
649980 Reimbursement Prior Year Revenues 12 0 0 0 0 0 0.00
649990 Other Miscellaneous Services 10,214 9,300 9,300 9,400 0 9,400 1.08
651110 Office Supplies General 4,659 5,200 5,200 5,200 0 5,200 0.00
651210 Copying Charges 989 1,000 1,000 3,600 0 3,600 260.00
651910 Minor Office Equipment 500 500 500 500 0 500 0.00
651930 Minor Office Fumiture 1,680 1,000 1,000 1,000 0 1,000 0.00
651950 Minor Data Processing Equipment 38 0 0 0 0 0 0.00
652110 Clothing And Uniform Purchases 2,430 2,100 600 1,500 0 1,500 -28.57
652130 Clothing And Uniform Rental 377 500 500 500 0 500 0.00
652140 Personal Safety Equipment 536 500 500 200 0 200 -60.00
652210 Food Operating Supplies 5,883 5,800 3,800 5,000 0 5,000 -13.79
652310 Fertilizer Herbicjdes And Chemicals 3,397 1,500 1,500 2,000 0 2,000 33.33
652490 Fuel And Lubricants Isf Billings 3,682 2,500 2,500 3,800 0 3,800 52,00
652510 Household And Institutional Supplies 1,641 2,400 2,400 2,400 0 2,400 0.00
652720 Medical Supplies 2,021 500 500 1,500 0 1,500 200.00
652910 Minor Operating Equipment 19,139 10,000 14,300 16,000 0 16,000 60.00
652920 Computer Software 293 0 0 0 0 0 0.00
652940 Merchandise Resale 19,583 16,000 16,000 16,000 0 16,000 0.00
652990 Other Operating Supplies 19,556 14,000 14,000 14,500 0 14,500 3.57
652991 Electrical Supplier 735 2,000 2,000 2,500 0 2,500 25.00
652992 Electrical Contractors 979 2,500 2,500 2,500 0 2,500 0.00
652999 Painting Supplies 0 1,000 1,000 1,000 0 1,000 0.00
654110 Books Publications And Subscriptions 0 200 200 400 0 400 100,00
654210 Dues And Memberships 316 600 600 600 0 600 0.00
654360 Other Training Educational Expenses 1,066 1,500 1,500 2,300 0 2,300 53.33
60 Operating Expense 589,996 623,800 613,700 448,900 0 448,900 -28.04
70 CaDital Outlay
763100 Improvements General 21,450 0 0 21,500 0 21,500 100.00
763501 Lighting Poles 0 0 0 85,000 0 85,000 100.00
764150 Heavy Equipment And Trailers 0 0 0 21,000 0 21,000 100.00
764370 Audio Visual Equipment 0 0 0 5,000 0 5,000 100.00
764900 Data Processing Equipment 0 2,800 2,800 0 0 0 -100.00
70 Capital Outlay 21,450 2,800 2,800 132,500 0 132,500 4,632.14
157710-130 Golden Gate Community Center 1,133,830 1,207,300 1,078,600 1,132,200 0 1,132,200 -6.22
0807 Parks & Recreation Department 22,379,252 25,261,300 22,977,200 24,046,000 115,200 24,161,200 -4.35
Report Total 22,379,252 25,261,300 22,977,200 24,046,000 115,200 24,161,200 -4.35
GovMax
2
8/12/2009
RECEIVED
OCT 1 ~ 2009
Fiala
Halas
Henning
coyle -
Coletta .
16 1'1 A 6/
v
;:'("", 'Jilt (JJ(Jrlty Commissioners
MINUTES OF THE MEETING OF THE CONSERVATION
COLLIER LAND ACQUISITION ADVISORY COMMITTEE
Naples, Florida, September 14,2009
LET IT BE REMEMBERED, that the Conservation Collier Land
Acquisition Advisory Committee, in and for the County of Collier, having
conducted busincss hcrein, met on this datc at 9:00 A.M. in REGULAR
SESSION at Administrativc Building "I''' 3rd Floor, Collier County
Govcrnmcnt Complcx Naplcs, Florida with thc following mcmbcrs prcsent:
CHAIRMAN: Bill Poteet
VICE CHAIRMAN: Michael Delatc
Tony Pires
Jcffrey Curl
Mimi Wolok (Excuscd)
Jcremy Stcrk
Thomas Sobczak
Bob Dorta
Annisa Karim
ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator
.Jennifer Whitc, Assistant County Attorney
Cindy Erb, Real Property Managcment
Melissa Hcnnig, Principal Environmental Specialist
Christal Segura, Conservation Collier Land Manage1;,
Mist. \"orres:
b
.-.,,,, ~.s to.
16/'1 A
September 14, 2009 6
L Roll Call
Chairman Poteet called the meeting to ordcr at 9:01 AM. Roll call was taken and a
quomm was establisbed.
II. Approval of Agenda
Mr. Delate //loved to approve tbe Agenda. Second by Mr. Pires. Carried
unaJlimous~v 8-0.
Ill. Approval of July 13,2009 Minutes
Mr. Pires move to approve the minutes of the July 13, 2009 meeting subject to the
following corrections:
. Page 5, Itcm B. Coordinator Communications, bullet point #2 from "The
ndrOIl Collier...." to "The Barron Collier..."
Second by Mr. Delate. Carried unanimously 8-0.
IV. Old Business
A. Real Property Management Update - A-list properties
Mcllvane Marsh RJS, LLC. (Now Triangle Licensing Corp) closed August
20,2009. To date, 8 parcels acquired totaling 368.87 acres
Unit 53 Two parccls under contract, one has a Federal Tax Lien on it and may
not be closed on. Ncw appraisals ordered with new offers to be sent out next
week.
Winchester Head - Two parcels under contract with closing for next month.
New appraisals ordered with new offers to be sent out mid to late October.
Cvcle 6 properties - appraisals to be ordered in October for any landowners still
interested.
The Committee requested members be supplied with ClJpies of any new
appraisals.
B. Gordon River Greenway
Alex Sulecki, Conservation Collicr Coordinator, noted the following:
. The project will require a "Joint Management Plan" (with the Parks
and Recreation Department) with Conservation Collier drafting its
O\vn managcrIlcnt section.
. StaJT recommends appointing a Conservation Collier Land Acquisition
COlllmittee member to attend the Stakeholder meetings to provide
input back to the Committee.
Ellie Krier, Executive Director, Southwest Florida Land Preservation Trust
provided an update on the project highlighting the following:
. Tbe project was initiated in 1988.
. The Trust has applied for a $25,000 Tourist Development Council
Grant to create a single unified web site and electronic newsletter to
keep the community informed on the status of the project.
2
16./1
September 14, 2009 A 6
. Submitted a map to the Committee and provided an overview on the
features of the proposed Greenway.
. There are two bridges associated with the project, a "northern" and
"southern" bridge.
. Collier County's (Conservation Collier) agreement to participate in the
funding of the "southern" bridge in the amount of S 1 M may be
problematic as the area for the bridge is in the City of Naples.
. Consideration may be givcn to redirecting the proposed funding to the
"northern" bridge, which spans Conservation Collier lands.
. The Conservation Collier budget may possibly be offset with Airport
Authority funding for removal of exotics as they may be in the flight
path of the Airport.
In conclusion she notcd she would continue to keep the Committee more readily
infonned on the status of the project with a future electronic platform and the
Trust will ensure Conservation Collier funding is utilized for the best retUTIl on
investment.
Under Committee Discussion the following was noted:
. As future maps arc disseminated to the various parties, the source and
date of the map should be provided.
. A legal determination may be prudent to detenninc if proper
easements arc granted to the County Irom the City of Naples and/or
the Airport Authority, can the County provide funding for the
"sollthenl" bridge?
. The width ofthe boardwalk may need to be wider than that providcd
on other Conservation Collier properties, as the traffic anticipated on
site is intense (combination of walkers, strollers, roller blade's, bikers,
wheel chair usage, joggers, etc.)
Chairman Poteet disc/osed he had conversation with Alex Sulecki. Conservation
Collier Coordinator and Ellie Krier of the Southwest Florida Land Preservation
Trust regarding hudgeting issues.
,tfr. Pires moved to appoint JeffC/lrl as the Conservation Collier Land
Acquisition Committee Representative for Stakeholder meetings for the Gordon
Ri,'er Greenway. Second by .~fr. Delate. Carried lllluuimously 8-0.
C. ADA report - Jennifer White
.Jennifer \Vhite, Assistant County Attorney submitted a Memorandum to the
Conservation Collier Land Acquisition Advisory Board Members Subject:
Conservulio/l Collier Compliance with the Americans with Disahilities Act" datcd
Scptember 1,2009. She highlighted the following:
. Memorandum was prepared to provide input on the budgeting for
Conservation Collier Preserves and obtained fr0111 yvww.ADJ't,gQ'{ and
111ip:/ /~:yY'YY.~ameri cantrails. 0 tg.!.
3
lA6
September 14, 2009
. After Adoption of the Act, it was determined all ADA standards
should not apply to Recreational areas due to the varying terrain and
oppOltunities found on the sites.
. In July 1993, the Recreation Acc.ess Advisory Committee (RAAC)
was appointed to address the issue.
. In June 2007, "Accessibility Guidelines for Outdoor Developed
Areas" were proposed as a result ofthe RAAC work.
. The memorandum includes the guidelines proposed by the RAAC.
The guidelines have not yet been adopted and incorporated into the ADA. If the
guidclines proposed are followed; the sites should be acceptable for compliance
with the Aet.
Alex Suleeki contacted 10 other Counties for input and Lee County provided the
best example to address the issue (the County utilizes "Accessible Trail
Guidelines" from "American Trails").
Based on a review ofthe infonllation, The Budget Workshop data provides
cstimates for varying levels of amcnities, which may be proposed for
Conservation Collier Preserves.
D. BudgetVVorkshop
Melissa Hennig submitted the Executivc Summary "Budget Workshop
Continuation. " dated September 14, 2009 for review by the Committee.
The Workshop is a result of direction from the COll11ty Manager to ensure the
Program has sufficient funds to manage acquired properties before any additional
parcels are purehased. She provided an overview of a "Sensitivity Analysis" on
different funding levels for amenities.
Diseussion oeeurred on the parameters utilized for the Sensitivity Analysis
(timeline ofeosts estimates, types of materials to he utilized for construction of
the amenities at the Preserve, etc.)
Melissa Hennig noted the process is on going and requested direction fi"mn the
Committee on how they wish to proceed.
Ms. Karim recommended the Preserves be "eategorized" to assist in determining
the level of amenities to be provided at the various Preserves. Lee County's
Prograrn was cited as an example.
,"v[r. Pires moved the Lauds Evaluatio1J and llfallugemellt Subcommittee bc
designated to evaluate alld recommended to the full Committee, prioritization
categories for the various Preserves.. Second by 111r. Curl. Carried
ulluniIlIOU!,;ly 8-0.
Discussion occurred on the amount of expenditures required for the Gordon River
Greenway.
4
September 14, 2!96' I lA 6
It was noted, with the appointment of Mr. Curl as a Committee Representative for
the Stakeholders meetings, the Committee will be more infonned on the on going
process which will assist in detennining thc budget for the Prcscrve.
V. New Business
A. Pepper Ranch IMP
Christal Segura, Conservation Collier Land Manager submitted the document
"Conservation Collier Pepper Ranch Preserve Interim Management Plan Final
Draft" dated July 2009. She highlighted the following:
. The Lands Evaluation and Management Subcommittee reviewed the
Plan on June 10.2009 and July 20,2009.
. If approved, it will be placed on the Board of County Commissioners
Agenda for approval on September 29,2009.
. A boundary survey was received from Chris Allen, adjacent landowner
which shows the Lewis Home Site is not on Collier County property
and item 2.d on page 3 (hiring ofa surveyor to determine if the home
in question is on County Lands) and the reference to this issue on the
top of Page 8 will be omitted.
. The "Cattle Lease" revisions indicated in 6.g on page 5 have not been
completed and the Lease will be returned to the Committee for review.
Discussion occun'ed on the tenns ofthe "Cattle Lease" and thc Committee wants
to ensure the lease is "competitive." It was noted Lake Trafford, LLP. (or its
Agent) is the owner of the cattle under the current lease proposal.
Thc Committec recommcnded the following changes to the Plan:
I. Page 3, item I.c to read "Monitor and secure trespass polllts along the
perimeter of the preserve."
2. Page 3, item I.d to read "Map, treat. monitor. and manage invasive exotic
vegetalion by utilizlllg existing resources and studies to the maximulIl extent
possible".
3. Pagc 3. item 2.d deleted as rcferenced by Staff above.
4. Page 5. item 6.c -- lndicate a desired speed limit and contaclthe Sheriffs
Department to ensure their ability to provide enforcement.
5. Page 5, itcms 7, 8 and 9 Language incorporated stating, "to the maximum
amoullt pos~'lble, existing Staffwill be utilized to complete tasks" (or similar
language).
6, Bottom of page 6 - coordinate language as detcmlined for #4 above as
necessary .
7. Bottom of page 8 - strike reference to Lewis homc as indicated by Staff
above.
8. Page 13, paragraph 4 - to read, "lfthel'e is suspidon ofpoachillg 011 the
preserve.,.
Discussion occurred on the language contained on Page 13, Section 4.7 and its
referencc to "developmenl of a gun range. ,.
5
. ____~_"'___,.~.__~ h..".H~,,_,_,~._...__.._'_'_'~"_."_"_'_"__~'"_
16'1 lA
September 14, 2009
Mr. Delate, Chairman of the Lands Evaluation and Management Subcommittee
noted the Subcommittee determined a wide range of proposed uses should be
incorporated into the Interim Management Plan and then be vetted by the Public
when developing the Final Managcment Plan.
Mr. Pires and Chairman Poteet expressed concern the development of a gun
range may not 111eetthe goals of the Conservation Collier Program.
Jennifer White, Assistant County Attorney stated she provided a written
opinion to Staff on the issue, which deternlines the Ordinance does not
speci fically prohibit a gun range, and the activity may be construed as consistent
with other uses identified in the Ordinance. The issue will need to he decided by
the Board ofCounty Commissioners.
Discussion occurred if any uses should be specifically identified in that Section of
the Plan, or could language currently found in the Conservation Collier Ordinance
be utilized.
Mr. Sobczak moved, (with reference to Page 13, Sedion 4.7- Public Access,) to
strike the language found in lines 7-9 of "Types of approl'ed passil'e nses
include hiking, biking, geo caching, horseback riding and primitil'e camping"
and strike the language found in lines 11-12 "Additional proposed uses include,
but may not be limited to eco-tourism, fishing, archery, and del'elopment of a
glln range." Second by M" Delate. Carried IInanimous(v 8-0.
Mr. Pires mOl'ed to strike the language found in lilies 5-6 "This contract may be
renewed until a safe orgmlized hunting program can be del.eloped on the
preserve through FWC" and replace with "The County will el'aluate, on an
ongoing basis, the ability of private individuals to engage it, trapping actil'ities
consistent with USDA gllidelines." Second by Ms. Karim. Carried
IInanimollsly 8-0.
Mr. Pires mOl'ed to approve the Plan (Conserl'ation Collier Pepper Ranch
Preserl'e Interim il1anagement Plan - Final Draft" (late(IJuly 200) subject to
the recommendations 1-8 and motions as outlined abol'e. Second by Mr.
Delate. 11t/otio" carried 7 'J'es" - 1 "no." Mr. Dorta voted "110. "
B. Coordinator Communications
Alex Sulecki provided the following updates:
. Freedom Park Grand Opening Ceremonies will be on October 6,2009.
StafIrequested members to notify them ifthey plan to attend so proper
steps may be taken to avoid a Sunshine Law violation.
. Submitted a map entitled '"Locatioll of COil senati Oil Collier Program
Lands .. 2009" which incorporated the names of the Preserves.
. Submitted a map entitled "South Florldo Ecosystem Restoration Land
Acquisition Updale as of 30 .Julle 2009" for inforn1ational purposes.
Conservation Collier properties are incorporated into the map.
6
16146
September 14, 2009
. An Eagle Scout will be constructing picnic tables lor 2 Conservation
Collier Preserves.
. Provided pbotos of new Preserve signs.
. A Committee meeting will be held in October, with no further
meetings for the remainder ofthe year unless Program activity
warrants it.
. Land Development Code Amendments regarding Preserves are under
review by Development Services Advisory Council.
. November 20, 2009 has been tentatively identified as a date for second
Pepper Ranch cvent and will be discusscd at the September 16, 2009
Outreach Subcommittee meeting.
. The proposed donation of propeliy by City Gate is scheduled for
review at the October meeting.
. The October meeting will include an award presentation for the
naming of Panther Walk Preserve by Golden Gate Elementary School.
. Logan Woods Grand Opening is tentatively planned for October 23,
2009.
VII. Subcommittee Meeting Reports
A. Outreach - Tony Pires, Chair
The Subcommittee will be meetmg on September 16,2009 at 3:30pm to discuss
School participation with the Program and the Pepper Ranch Event.
Mr. Pires submitted a News Press.eoru atiicle dated August II, 2009 "North Fort
/'v1yers preserve open, Conservation land has horse, hiking trails" by Terry Brady.
for infonnational purposes,
B. Lands Evaluation and Management - Mike Delate, Chair
The Subcommittee reviewed the Pepper Ranch Interim Management Plan and
continued to discuss "Public Access" to Conservation Collier properties.
/\. meeting will be scheduled to review the proposed "Categorization of
Preservcs" as dctcnnined in review of item IV.D,
C. Ordinance Policy and Procedures - Mimi Wolok, Chair
Staff and the Subcommittee will be considering a Conservation Collicr "Preserve
Ordinance" at future meetings.
VIII.
Chair Committee Member Comments
None
IX.
Public General Comments
None
X.
Staff Commenl~
Melissa Hennig announced Cindy Erb of Real Property Management was
recognized for 20 years of service to the County
7
1611A'6
September] 4,2009
There being no further business for the good of 1he County, the meeting was
adjourned by order ofthe chair at lO:55A.M.
Conservatiou Collier Land Acquisition Advisory
Committee
A .i} I)')
/Jj)I;t;JL~k p.l/
(~/ .... 4' -'-7,.<-''' Jif/ .....
Bill Poteet, Cbairm:'llr/
111ese minutes approved by the Board!Committg;e on ... ttfJ'1;;leL-' .l,;)/ ;:<'00"/
as presented or as amended _._~"'-' I>W
""-..-.
8
/
PELICAN BAY SERVICES DIVISION
Municipal Services Taxing and Benefit Unit
16 I lA 7
AGENDA
The agenda includes, but is not limited;
1. Roll Call
2. Approval of August 5, 2009 Pelican Bay Services Division Advisory Board Meeting Minutes
3. Approval of Amended Section of July 13, 2009 Meeting Minutes with Motion
4. Administrator's Report
a) Proposed Inter-local Agreement with Scope of Services for Community Master Planning
Discussion with Mr. Jim Hoppensteadt and presentation by Mr. Kevin Mangan and Mr. Steve
Sammons of Wilson Miller.
b) Monthly Financial Report Update
c) Website Proposals & Staff Recommendation
5. Chairwoman's Report
a) Public Education Blue Sky Documentary Video Discussion & Update
6. Capital Projects
a) Crosswalk and Intersections Thermoplastic Restriping Update
7. Community Issues
a) Street Lighting Relocations - Complete
8. Committee Reports and/or Requests
9. Old Business
al Discussion of Lighting at North Tram Station #8 Pedestrian Walkway
10. New Business
11. Miscellaneous Correspondence
a) Ongoing Projects Status Sheet
b) Florida Sunshine Law and Ethics Workshop
12. Audience Comments
13. Adjournment
SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO THREE MINUTES
ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE PELICAN BAY SERVICES DIVISION BOARD. WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING. HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR
SUCH PURPOSE, HE 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. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE
OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE PELICAN BAY SERVICES
DIVISION OFFiCE AT LEAST FIVE CALENDAR DA VB PRIOR TO THE MEETING AT <..5l9!'Jfi 49.
Date \ ! ( 0 oC;
Item .t1Q.IL-,- Pt.1
-p~e$ to
RECEIVED
OCT 1 2 2009
Fiala
Halas
Henning
Coyle
Coletta
PELICAN BAY SERVICES DIVISION
A Municipal Services Taxing and Benefit Unit
'-0J/'
v/
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dOf-mj rA Co:mty Commis!;ione~
NOTICE OF PUBLIC MEETING
WEDNESDAY, OCTOBER 7, 2009
THE PELICAN BAY SERVICES DIVISION ADVISORY BOARD WILL MEET IN REGULAR
SESSION. WEDNESDAY. OCTOBER 7 2009 AT 1:00 PM AT THE COMMUNITY CENTER
A.T PELICAN BAY. 8960 HAMMOCK Oi>.K DRIVE NAPLES
AGENDA
The agenda includes, but is not limited:
1. Roll Call
2. Approval of September 14, 2009 Pelican Bay Services Division Advisory Board Special Session Summary Minutes
3. Administrator's Report
a) Review and Final Approval of Revised Inter-local Agreement for Submission to BCC
bJ Discussion of 9/29/09 BCC Budget Amendment Resolution & Carry Forward of aam Bay Fund 320
c) Blue Sky Water Management Video Update
d) Website Update
e) Monthly Financial RepOft Update
4. Chairwoman's Report
a) Welcome Ms. Jill Kobe, New Commercial Interests Board Member
S. Capital Projects
a) Crosswalk and Intersections Thermoplastic Restriping Update
b) lake Bank Enhancements
6. Community Issues
7. Committee Reports and/or Requests
8. Old Business
aJ Discussion of Florida Sunshine laws & Code of Ethics
9. New Business
a) Roles and Responsibilities of:
i. Board Members as Representatives of the Residents of Pelican Bay
ii. Board Members as Advisors to the Board of County Commissioners
iii. Residents, Property Owners & Interested Parties
b) Discussion of BCC decision to install navigational markers in Clam Bay
cJ Discussion of performing audit of funds to confirm utilization is as intended
10. Miscellaneous Correspondence
a) Turrell, Hall & Associates' Subcontract Update
b) Ongoing Projects Status Sheet
11. Audience Comments
12. Adjournment
SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO THREE MINUTES
ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE
BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE
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. ANY PERSON
REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL
IMPAIRMENT SHOULD CONTACT THE PELICAN BAY SERVICES DIVISION OFFICE AT LEAST FIVE
CALENDAR DAYS PRIOR TO THE MEETING AT (239) 597-1749. Misc. Corres.
DatIl:__
Item #. ____________
: - '"' ;~::c:: 't:)
1611 A 7
SUMMARY MINUTES
PELICAN BAY SERVICES DIVISION ADVISORY BOARD SPECIAL SESSION
SEPTEMBER 14, 2009
LET IT BE REMEMBERED that the Pelican Bay Senices Division Advisory Board, in and for the County of
Collier, having conducted business herein, met on Monday, Septemher 14, 2009 at 1:00 PM in Special Session at
the Community Center at Pelican Bay, 8960 Hammock Oak Drive, Naples, with !he following members present:
Pelican Bay Senices Dhision Adlisory Board Members
Mary Anne Womble, Chairwoman Michael LC'V}
Tom Cmvens Gerald Moffatt
Keith Dallas, Vice Chainnan Geoffrey Gibson (excused absence)
Ted Gravenhorst Theodore Raia (excused abscnce)
John lailZo Hunter Hanscn (excused absence)
Pelican Bay Services Division Staff
Neil DorrilL Administrator
Kyle Lukasz, Field Operations Manager
Mary McCaughtry, Recording Secretary
Lisa Resnick, Administrative Assistant
Special Guests
Mr. Kevin Mangan. Principal and Landscape Architect, Wilson Miller
Mr. Steve Sammons, Sr. Landscape Architect and Sr. Associate, Wilson Miller
Mr. Jim Hoppensteadt, President, Pelican Bay' Foundation
Bruce Anderson. Attorney, Roetzel and Andress
AGENDA
I. RollCall
2. Approval of August 5, 2009 Pelican Bay Services Division Advisory Board Meeting Minutes
J. Approval of Amended Section of July 13, 2009 Meeting Minutes "ith Motion
4. Administrntor's Report
a) Proposed Inter-local Agreement with Scope of Services for Community Master Planning
Discussion wi!h Mr. Jim Hoppcnsteadl and Presentation by Mr. Kevin Mangan and Mr.
Steve Sammons of Wilson Miller.
b) Monthly Financial Report Update
c) Website Proposals & Staff Recommendation
5. Chairwoman's Report
a) Public Education Blue Sky Documentary Video Discussion & Update
6. Capital Projects
a) Crosswalk and lttterscctions Thermoplastic Restriping Update
7. Community Issues
a) Street Lighting Relocations - Complete
8. Committec Reports and/or Requests
9. Old Business
a) Discussion of Lighting at North Tram Station #8 Pedestrian Walkway
10. New Business
II. Miscellaneous Correspondence
a) Ongoing Projects Status Sheet
b) Florida Sunshine Law and Ethics Workshop
12. Audience Commettts
13. Adjournment
8158.
Pelican Bay Services Division Advisory Board Special SessioD Summary Minutes
September 14, 2009
16/'1
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..
ROLL CALL
Madam Chair Womble called the meeting to order and tasked Ms. McCaughtry to take Roll.
Ms. McCaughtry responded that Dr. Raia, Mr. Gibson, and Mr. H<msen were absent, leaving a quorum of
seven members.
APPROVAL OF THE AUGUST 5. 2009 PELICAN SAY SERVICES DIVISION ADVISORY BOARD
MEETING MINUTES
Chairwoman Womble moved on to the next item that was approval of the August 5, 2(X)9 Pelican Bay
Services Division Meeting Minutes.
Mr. Moffatt asked Mr. Cmvens if he was referring 10 the July \3,2009 meeting minutes on page 8118. It
reads, "Mr. Cmvens would like to follow up at the next meeting on corrections to the minutes." Mr. Moffatt
requested confinnation.
Ms. McCaughtry confinned that the meeting minutes that Mr. Cmvens was referring to was July 13,2009.
Mr. Moffall said thai on page 8146, he was unsure of what Mr. laizzo was referring 10 in his is comment.
"If Mr. Hall did nol have the tools, 10 let the Board know what he needed and the Board would provide." Mr.
Moffall said to Mr. Iaizzo that this related to Mr. laiuo's concerns about the mangroves and if Mr. Hall needed
something from the Board.
Mr. laizzo responded, "I think that you have to go back a few lines before that to build up to that question,
that reads, "Mr. Iaizzo said that he was concerned about the mangroves. He asked Mr. Hall if he had the tools to
provide early warning or a head's up a problem needs addressing. Mr. laizzo expressed that if Mr. Hall did not have
the tools, to let the Board know what he needed and the Board would provide." Mr. laizzo added, "I wouldn't even
waste your time on it."
Mr. Gravenhorst offered that he believed the tools referred to visual monitoring.
Mr. Moffatt said, "Okay," and continued Referring to the motion made on page 8147, he asked if Mr. Tim
Ha II's contmct was renewed.
Ms. McCaughtIy explained that Mr. Tim Hall via Turrell, Hall & Associates was not a County approved
vendor for tlle upcoming Fiscal Year 2010, therefore there was a pending request for Mr. Hall's services.
Mr. Moffatt asked if it was possible to utilize Mr. Hall's services and expressed, "I would hate to lose
Tim."
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Pelican Bay Services Divisinn Advisory Board Special Session Summary Minutes
September 14, 2009
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Mr. Dorrill responded that he believed it was the Board's consensus that they did not want to lose Mr. Hall
The County did not select Mr. HaIrs finn Turrell, Hall & Associates for annual marine consultant services. TurrclL
Hall, & Associates is an approved local subcontractor and services utiliz.ed through the firm the County selected to
perform marine consultant services, PBS&J.
Mr. laizzo asked if Mr. Hall's or Turrell, Hall & Associates' could be hired as a local subcontractor.
Mr. Dorrill said that staff was looking into continuing 10 utilize Mr. Hall's services through his firm,
Turrell, Hall & Associates without iucurring any extra overhead cost by the primary contractor. He said he did not
expect a problem, but ifit were, he would disclosc that information at the next meeting of October 7,2009.
Mr. laizzo confirmed Mr. Dorrill's statemenl that iI should nol be a problem 10 continue to work with
Turrell, Hall, & Associates via Tim Hall.
Mr. Dorrill confirmed that was the intention.
Mr. Cravens made a motion to approve the August 5, 2009 Pelican Bay Services Division Advisory Board
Summary Meeting Minutes as amCllded.
Mr. Levy seconded.
The Board voted and unanimously approved the August 5, 2009 Summary Meeting Minutes as amended,
Mr. Cravens made a motion to approve the ANg"st 5, 2009 Pelican Bay Servu'es Division
Advisory Boa,d Summary Muting Minutes as amended. M,. Levy seconded the motion. A
vote taken ,oved unaninw the meetin minutes as amended.
APPROVAL OF AMENDED SECTION OF JULY 13, 2009 MEETING MINUTES WITH MOTION
C1k1invoman Womble moved along to the next item. approval of the amended section of July 13, 2009
meeting minutes; a clarification of the motion regarding the inter-local agreement.
Mr. Moffilll made a motion to adopt the amended section of the July 13,2009 Meeting Minutes, clarifying
the motion regarding the intCllt of the inter-local agreemCllt.
Mr. Dallas seconded the motion.
The Board voted and approved the amended nwtion of the July 13, 2009 Meeting Minutes unanimously.
M,. Moffatt made a motion to tuIopt the amended sedUm oftlte July 13, lfHJ9 Summary
meeting minutes that c/Q,ifled the intent of the inte,-/OCQI agreement M,. Dallas seconded the
motion. A vote taken av",.oveJ ""an' the . minutes as amended.
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Pelican Bay Seniecs Division Advisory Board Special Session Summary Minutes
September 14, 2009
ADMINISTRATOR'S REPORT
PROPOSED INTER-LOCAL AGREEMENT WITH SCOPE OF SERVICES FOR COMMUNITY
MASTER PLANNING DISCUSSION WITH MR. JIM HOPPENSTEADT. PRESIDENT. PELICAN BAY
FOUNDATION: AND MR. KEVIN MANGAN. PRINCIPAL. LANDSCAPE ARCHITECT AND MR.
STEVE SAMMONS. SR. LANDSCAPE ARCHITECT & SR. ASSOCIATE OF WILSON MILLER
Mr. Dorrill introduced t<x1ay's topic to explore the joint venture and inter-local agreement between the
Pelican Bay Services Division and thc Pelican Bay Foundation, the associated contracts, and proposed fee schedule,
The inter-local agreement will to implement proportionate fee sharing for the Strategic Master Planning project. The
agreement will outline each entity and those assets that arc under their purview. . Mr. Dorrill also pointed out that
there are other community assets or amenities under the purview and responsibility of the Foundation, tlmtthe
Services Division is indirectly involved, but not necessarily an active participant.
Mr. Dorrill stated that his intent when discussion began on this subject was to "jumpstart" it in such a way
to have some meaningful work product to cxamine during the upcoming "Season" and to do that in cooperation with
lhe Foundation. He said that if this Board fccls there is an opportunity to do lIteir own analysis and master
redevelopment plan for those assets owned by the Services Division and Collier County it can be done, but the
Services Division will unlikely be able to negoliate beneficial cost sharing. Note that the inter-local agrccment must
mcctthe County's requirements to declare the FOlIIldation a 'sole-source' provider within the preamble of the inter-
local agreement. "1 don't want anyone here to somewhat think that the way that it is worded in any way infers that
they arc smarter, more intelhgent, and more handsome or good looking to this Board, because frankly, thai is not
true and I never meant that to be. We need distinguish the fact that the Foundation is our portner in a unique
situation based on lhe sub-consullanls Wilson Miller. Ilhink we have done a good Job of sho"ing lite different tasks
within the overall Scope of Scrvices for those things that go back to last year's 'Chinese Menu' approach to any and
everything IImt should be evaluated, so that we could come up with some proration of fees as part of that. There arc
actually three separate agreements. There is the iuter-local agreemen~ which is fmnkly very simple and intended to
be. It has a very e1ear and definitive termination provision in the unlikely event that this process docs not work well,
simply by giving notice to the other party. Second, there is a very detailed professional services agreement, then
there arc the individuallask descriptions, fees, and proration involved. Mr. Hoppensteadt is here today, as well as
tlte Foundation's legal counsel, Mr. Bruce Anderson to discuss some of these legal hurdles with us between the
Counly's Purchasing director and legal staff," and to explain their intenl and answer Board member questions.
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Pelican Bay Scrvices Division Advisory Board Special Session Summary Minutes
September 14, 2009
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..
Mr. Hoppenstcadt addressed the Board and stated that at the Foundation's last Board meeting, "The
Foundation Board unanimously passed its desire to work with the Pelican Bay Services Division Board in a joint
effort. The Foundation Board endorsed thc strategy of crcating an inter-local agreement. Mr. Bruce Anderson is
here to talk about 1113t, and Mr. AndeJ>On can explain now he structured the agreement. The Foundation Board
endorsed the selcction of Wilson Miller as the best-qualified Landscape Architect firm. Mr. K",in Mangan and Mr.
Steve Sammons are here today to talk about their firm's qualifications and to answer any questions, so I guess the
best tliing to do is to hold your questions and at the appropriate time Mr. AndeJ>OII, Mr. Mangan and Mr. Sammons
will be happy to come up (to the podium) and provide answers. He added Ms. Ronnie Bellone and Mr. Merlin
Lickhalter, both Co-Chairs of the Strategic Planning Commillee are also hcrc to answer any questions regarding
their vision and thoughts about Stmtegic Planning.
Mr. Moffatt asked for some background information regarding the inter-local agreement, who drafted iL
and if the County Attorney did not write it. has the County Attorney seen and commented on it.
Mr. Dorrill responded that he would let Mr. AndeJ>On respond to Mr. Moffatt's questions, as well as
disclose any conversations that Mr. Anderson may have had with the County.
Mr. Bruce AndeJ>OII, an aUomey with Roetzcl and Andress stated that he prepared the draft inter-local
agreement and recently submiued it to the Collier County Attorney where it received a preliminary review. He
submitted it to the Purchasing Department and Purchasing requested additional information, which was provided
and resubmitted last week, but he has not heard back.
Mr. Gmvenhorst asked if the draft Mr. Anderson was referring to was the one the Board received.
Mr. Anderson confirmed that the Board did receive the most recent draft.
Mr. Levy asked if the inter-local agreemenl was specific to the study Phases seheduled to take place over
the ncxt six months and whether it obligated the Services Division to implement any part of recommendation(s)
made by the consultants resulting from the outcome, even toough the Services Division is a party to the inter-local
agreement. He used the example of Seope item 22, Master Streetscape Plans for Landscape and Irrigation Phases L
II, III and that there is a twenty (20) percentage Services Division vs. eighty (80) percentage Foundation split for thc
cost of that Scope Hem. He asked if at the end of study is the Services Division free to choose parts of
recommendations to implement. when the Services Division chooses to, "and if so be it, nothing at all. In other
words arc we under obligation,"
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Pelican Bay Services Division Advisory Board Special Session Summary Minutes
September 14,2009
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Mr. Dorrill stated that the Services Division is not obligated in any way. This project does include "Design
Devclopment" that takcs the study beyond the conceptual drawings and evaluates the engineering. construction. and
budgeting efforts for any individual project It docs not include any permitting or construction drawings, so at the
end of the master planning process, he suggests thallhe Services Division slop and reevaluate to determine
appropriations for projects this Boord wants to fund for the construction drawings or Implementation.
Chairwoman Womble confirmed with Mr. Dorrill that a series of "checks and balances" exist, and the
Board will be kept apprised of project updates, so as the process continues to move forward the project can be
monitored and constantly reevaluate before "things go too far too fast"
Mr. Dorrill said that the agreement is general enough during the Design Development phase to have several
pre-application meetings with the appropriate County or Slale pennitting agencies to discuss any obstacles or
requirements.
Chairwoman Womble said that Mr. Mangan, landscape architect and project coordinator for the landscape
architects, has assured the Strategic Planning Committee that this Board. the Foundation Board. and the citizens of
Pelican Bay will be in tune and educated as to the broad conceptual plans. "I don't think we're going to chose
which trees go on what block or area, or what type of tree, but conceptually we will have a very good idea." She
added that this Board would most likely have even more specific informalion.
Mr. Moffall asked if the schedule of fees is a pan of the inter-local agreement aod if the total fee for Wilson
Miller is a best estimate. He further asked what the total extent of the fees is. In other words, he asked if it was a
fixed price conlraet
Mr. Dorrill responded that with the exception of reimbursable expenses, yes, the fee schedule is a fixed
price contract: otherwise, this Board would have to authori7-c a change order to amend the scope as outlined.
Mr. Moffat asked how the proponionate share or split between the between the Services Division and the
Foundation was determined.
Mr. Dorrill explained that there was not really a scientific formula, but based more on a perceived benefit
between the Services Division and the Foundation. Based on his observations and understanding. detennination was
based on the Foundation's more elaborate plans for its amenilies.
Mr. Moffall asked who detennined the breakdown.
Mr. Dorrill answered that he and Mr. Hoppensteadt determined the breakdown.
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Pelican Bay Services Division Advisory Board Special Session Summary' Minutes
Septefaber 14, 2009
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Mr. Levy asked if the $226.790 spent on the study is accurate and how it was dctcnnined. He further
questioned if the consultants submitted how many hours it would take per task. or bow did they reach a decision to
calculate cost.
Mr. Durrill answered thai there was nol any determination made by individual hours per task, bul iliat it
was detennined by phases and at the end of each phase, this Board briefed thoroughly. Based on his observations,
estimated man-hours did not detcrmine fee costs.
Mr. Mangan explained that he looked at each individuals participating in any activity and broke that down
into man-hours, but dne to the fixed fee nature of the contract, the hourly basis really supports the math. The billing
is on a fixed fee basis.
Mr. Levy asked what is the rationali7.ation, "and how do we know if $60'()()() is a good number for Master
Streetscape Plans if we don't really know how much effon you are putting into iI"
Mr. Mangan said lhat background infonnation is certainly available. "but it has no ultimate face of a
management contract of a fixed fee nature of tltattime," i.e.. man-hours.
Mr. Levy asked Mr. Hoppensteadt if they looked at any bids from any other finns.
Mr. Hoppensteadt referred to Mr. Dorrill and suggested he walk the Board through a consultant
qualifications-based selcction process. He added that ilie agreement is a qualification-based selection. He added they
did get a sense of the magnitude of the Scope during the selection process and Wilson Miller price is competitive
based on their understanding of the scale of the Scope and initial estimates. The first additional Scope from the
seeond highest qualifications bid was approximately $300,000. We added on to the original becanse when we
scheduled out the Scope of work, we realized that we inadvertently did not ask for work on primarily the berm that
is a critical component of lite tr.un station network of Pelican Bay. We did ask for a breakdown of costs affixed fees
by phase, so that we could realistically detennine whether the C05I. was reasonable and after evaluating the Scope of
work at each phase, we did detennine the cost to be reasonable. On a qualification based selection you do not get
apples to apples read on a competitive basis and going Il.rough the Scope items we felt that it was a reasonable
allocation of cost due to the level of expertise and effort and one would have to understand that in order to make iliat
detennination. Mr. Hoppensteadt referred to Ms. Ronnie Bellone and Mr. Mcrlin Lickhaltcr. Co-Vice Chairs of the
Strategic Planning Committee to explain because Ihey were a part of that process.
Mr. Levy asked Me Dorrill if this proJcct study agreement met the County's criteria.
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Pelican Bay Services Dhision Ad~isory Board Special Session Summary Minutes
September 14, 2009
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Me. Dorrill responded tbat yes because the scope of services bave been identified as very specific and
measmable and that this type of agreement is consistent with a governmental type format and should easily mcct the
County's requirements, Wilson Miller bas other annual agr.ccments in plaec for landscape arcllitectme, civil
enginccring, surveying and other things of tbat nature that demonstrnte how these fees tic back to the task. Me.
Donill explained that he bas done some rdIldom . gmund trooping' if you will. I believe that the first thing the
consultant would do is review all of the development orders and entitlements in place for the cntirc community. The
very first Scope item, General Services & Review of Standing Development Onlcrs, Pennits and Codes, for. which
they impose a total charge of $6,660, tbat is the way of measuring fee against perceived work and that based on his
background and experience thai the Fixed Fcc Schedule is consistell1 and customary."
Mr. Gravenhorst addressed Mr. Dorrill and said tbal he noticed on the distribution of lhe Scope items tbat
the proportionate share varies with the Foundation assuming a slightly higher share (approximately 15%) than the
Services Division. Referring to Scope 2.7. Community Traffic Calming and Safety Recommendations, if the fees
are shared equally all the way to the end and the cost is distributed SO/50, what provisions arc there to resolvc
differences amongst the Foundation Board and Services Division Board.
Mr. Dorrill responded that if a situation develops where the two Boards disagr.ee, then thc determining
factor would fall on who owns that asset. In this particular case citing Mr. Gravenhorst's example of Scope 2.7, tile
Services Division or Collier County is the responsible parly.
Me. Gravenhorst repeated what Mr. Dorrill said for confirmation that "the owner of the asset will have the
final say as to what happens to any1rung being done to tbat asset."
Me. Dorrill affirmed and added, "That is correct through the master planning stage."
Mr. Gravenhorst stated the Inter-local Agr.ccment does not cite that.
Me. Dorrill said that is not the intent. but if there arc competing ill1erests that he would like this Board to
show him within the inter-local agreement, "'for Lack of a better tenn, where they could crumble."
Me. Moffatt changed the subject briefly while the Board was searching the document. He had questions and
began on tile first page of the inter-local agr.ccment with the fifth "WHEREAS. the District and the Foundation are
both funded only by the residents of the Pelican Bay Community." He questioned the word "only" and explained
that the Services Division receives monies from Fund III. He suggested anothcr word replace 'only' such as
"primarily" or equivalent synonym.
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Mr. laizzo stated that FWKlIII is strictly for Clam Bay.
Me Dorrill added that the teno 'residents' isn't necessarily specific enough and suggested adding "property
owners" because thatteno would be all inclusivc.
Me Dallas also pointed out thai Fund III comes from general County revenues.
Mr. DorriJl clarified that Fund III comes from unincorporated County revenues, but in this particular case
they do nol support any activity contemplated as being (llit oftms agreement. The County only approved thosc
funds for Clam Bay conservation.
Me Moffatt asked Mr. Dorrill if Ihe Counly would "buy into that worry."
Mr. Dorrill responded thaI he did not see thai as being problematic.
Mr. Moffatt addressed Mr. Durrill's suggested changes to the fifth "WHEREAS, the District and the
Foundation are both fimded only by the residents of the Pelican Bay Community and agreed to add "and property
owners" following "residents."
Mr. [aizzo said that "commercial" property owners should also be included.
Chairwoman Womble and Mr. DorriJl both said that commercial owners is implied in property owners and
not necessary.
Page one of the inler-Iocal agreement, the fifth WHEREAS, was revised 10 read, "WHEREAS, the District
and the Foundation are both funded only by the residents and property owners of the Pelican Bay Community: and."
Me Grnvenhorst addressed three additional WHEREAS' on page two of Ihe inter-local agreement:
Page two, first WHEREAS, Ihe District finds that the Foundation is the only entity that could properly
manage the work project in a manner that is consistent and continuous on District and FOtmdation Lands: and
Page two, second WHEREAS, the District finds that the Foundation is thc only cntily that is ready, willing,
and able to manage the Work Project; and
Page two, third WHEREAS, the District finds that the Foundation is the sole source provider to manage the
Work Project on District and Foundation lands; and
Mr. Dorrill responded that the intent of the inter-local agreement is to underscore that this is a joint venture
between the two Boards. He further said that this Board clearly has the right to engage landscape architects and civil
engineers and land survcyors to produee your own lnaster plan for those assets that the Services Division owns. In
essence, Ihe Services Division is the "client" of the Foundalion. The Foundation is serving as the "maSler
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consultant." As thc c1icot. if the Services Division is DOl happy with the work product or recommendations. thcn thc
Scrvices Division can exercise its right to terminate the inter-local agreement as slated in paragraph 8 on page 3. Mr.
Dorrill added that if the Board has suggested changes that will not '"run afoul" of the County Attorney's office, thcn
this Board must continue to point out that the Foundatiou is in a unique position to assist the Services Division as a
local partner to accomplish joint goals.
Mr. Gravenhorst said that that decisions made regarding land owned by the Services Division owns
cooperativcly and by consulting with this Board not unilaterally.
Mr. Dorrill said that no decisions are made unless a majority of the members of this Board adopts those
recommendations. This is for the purposes of moving forward with permitting. dcsign, and construction phases.
Mr. Gravenhorst said, "signing on as Pelican Bay Services and spending the money to study what is
rightfully owned by Pelican Bay Services Division and the County, it sounds like 1113t is going forward whether or
not anything happens later on with the work and the research that is going to be done." He asked Mr. Dorrill if that
W'dS correct.
Mr. Dorrill confirmed.
Mr. Gravenhorst said that by the Services Division signing the inter-local agreement, referring to the
WHEREAS' that he stated above, that the Services Division is signing away their control over all decisions to the
the Foundation. Based on the tcnns of the inter-local agreement, the Foundation will make all decisions and
determine implementation for all study aspects, including which consultants arc hired and monies expended. He
said. '"Once we have signed Ihis, we arc out of the loop."
Mr. Dorrill said "Except for the fact thai the schedule that identifies the tasks and the fees being charged
for each one of the thineen tasks are exhibits to the agreement."
Mr. Gravenhorst said that he understood, "but we arc out of the loop as MichaellLe\y I was querying just a
minute ago, asking how do we know what is going to happen from that item, or arc we going to be told what will
happen."
Mr. Dorrill explained by using an example of the Scope 2.2, Master Streetscape Plans for Landscape and
Irrigation, Phase one, two, and three. He said thai he did not interpret this inter-local agreement as a negotiation to
trade away the Services Division' s rights. The Services Division is a direct rcpresentative of the Board of County
Commissioners and the purpose of the agreement is to define and detenninc what types of areas, what types of
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plants, or what types of rehabilitation or irrigation components for this community. If tIlefC is a dispute between this
Board and the Foundation Board as to what is planted, replanted, or reworked, the intent is because that asset is a
public asset is that this Board's desire will be recommended to the Board of County Commissioners. Mr. Dorrill
said, "To quote Mr. Gravenhorst, we are in essence trading away our day to day management of the agreement and
this is what is needed in order to do this as a joint venture. If we just want to engage our own consultant. whether
that is Wilson Miller or someone else, to evaluate, plan and make recommendations for redevelopment. you may
certainly do that."
Chairwoman Womble explained that the purpose of implementing an inter-local agreement is to utilize the
taxpayer's money from the residents and property owners of Pelican Bay in the Judicial and financially feasible
manner in order to have the best possible product. She staled, "since it is all our money through the Foundation or
through our tax monics from Pelican Bay Servi.ces Division, the idea is to finally come to an agreement that we want
to use our money successfully more so th.lll we have in the past simply because it is our money, all of ours. Rather
than redoing tIlings or being at odds with the overall plan from both ends, this is a way to bring us all together in one
line, our own money all together."
Mr. Dorrill said, "This docs involve a cenain amount of cooperation and frankly, I'm the newest guy in the
room and I do not think that any members oflhe Foundation Board are primarily focused on those things that you
lell me to do alld those assets that you OWII and operate on behalf of the County. This is a novel approach, I'll grant
you that, but again it seems to be the outy way for us to work cooperatively and also get them to help pay for tIris
initial evaluation and planning effort taking place"
Mr. Dallas said, "It is also true that if we were to go on our own. We would never get this done this easy."
Mr. Dorrill said," I don't think so," based on the size and seope of this project.
Mr. Dallas, addressing Mr. Gravenhorst said, "Ted, I understand your concerns, but my concern is what I
voiced in a memo I sent out a while ago, was jnst how and when we get our input for tIlis whole system. I hope that
if we have good input carlyon, that reasonable people would want reasonable answers and I do not see where the
Foundation has any different interests than we do. Maybe some of the individuals do, but we disagree amongst
ourselves, too."
Mr. Dorrill suggested that Mr. Mangan explain how he intends to evaluate the client's needs and report
preliminary findings, again speaking to my example of the landscape that Uris community is known for its land fnll
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of cold-tolerant, somewhat drought resistant landscape." Say that Wilson Miller brought forward a crazy scheme to
change drastically the landscape of Pelican Bay and try to turn it into a tropical destination resort. "Mr. Gravenhorst
WIll be the first to say, 'I'd like 10 make a motion 10 fire our district administrator because we sure did waste a lot of
money funding cockamamie schemes from Wilson Miller without us knowing that's where this was goiug.'"
Mr. Mangan said he has been to a number of the Services Division Board meetings and that from what he
understands the most important part of the process working with the Pelican Bay community right o/fthe bat is the
concept of checks and balances in this process from beginning to end. Wilson Miller does not intend to make any
decisions without the approvals of bolh the Foundalion and Services Division Boards. The checks and balances is
actually section 2.13 of the Scope of Services proposal. They have highlighted public participation and he believes
public participation is Ihe most lelling as far as checks and balances are concerned for all the interested parties.
During the initial part of Phase two, the first few weeks of Wilson Miller's e/fort is to focus on involvement with the
community and obtaining feedback from every member of both Boards. The outlined process and the infonnation
beiug brought to bear arc from pasl work done for the Foundation and community reaction since late 2006 regarding
the Strategic Master Plan. "Rest assured" that he and his linn have a prelly good understanding of the partnership
between the Services Division and the Foundalion and that checks and balances arc literally built into the process
starting at day one to respond to points in time where there are individuals, community, and Board concerns
regarding the process, product, and recommendations. Mr. Mangan stressed to Mr. DorriIl, Mr. Anderson, and Mr.
Hoppensteadt that this process is multifaceted, but all have a common goal to benefit the entire community.
Mr. Dorrill elaborated on what he understood Mr. Gravenhorst's concerns to be. He believes that Mr.
Gravenhorst is asking if there is a potential unknowing or deliberate inlerference with the process and evaluation.
From Mr. Dorrill's perspective, there is an inherent potential, but minimum risk and it requires all to have a certain
amount of faith and be willing to work together with the Foundation. He requested that Mr. Anderson add a clear
and quick termination clause to the inter-local agreement in case "this deal blows up the week after Christmas and
our Board needs to gel out of this thing in less than 60 days. We wOllld only be obligaled to pay actual billable costs
incurred lip to that point and nothing else except localization. I don't have any reason to believe that will occur,
however that safegllard was built in to prevent that very type of thing Mr. Gravenhorst raised."
Mr. Gravenhorsl responded that he did not want to bring Ollt skeletons from the close!' bllt he believed that
some history about annexation and incorporation to provide the background for his concerns. He said that in 2003-
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2004, consultants explained to members about 75% of ooe side of the story He said he is trying to ensure that the
agrC'eIllent is equitable and if something happens to an asset Ibat is not definitively covered under Ibe agreement,
and there is the p<tential, or Ibere is an issue Ibat rears its ugly head m the process that there .t\ould be a paragraph
that decides how that is rectified. Mr. Dornll said that whoever owns the asset has the [mal say, but I'm not certain
the words are in the inter -local agreement"
Chairwoman Womble requested that Mr. Dornll bave his sugg<.'Slioo that whoever owns an asset has the
final say be written into the inter-local agreement, recognizing that it goes both ways whether it is the Services
Divisi(ill as owner oc the Foundaion as O\Wler
Mr. laizzo asked if Wilson Miller gets the mitial crntrael to carry out the phases and there is fallout, does
the Services Divis.;on get to keep the plans.
Mr. Mangan said yes, of course, the plans IIIld diagrams would be available to the Services Division.
Mr. Ial7zo asked Mr. Mangan what Mr. LukaSl' role is as the Services Division's Field Supervisor.
Mr. Mangan SInd Mr. LukaSl is theIr resource for many Ibing:;, ""l""-.;ally early on to find out what they
should be survc-ying and what maintenance IIIld operation d1a1lenges there arc.
Mr. [aizzo asked at whallcvel of involvLmmt or influence would IVtr Lukasz have and provide.
Mr Mang"'l said that Mr Lukasl is a valuable resource for background inlOrmation and it is a reciprocal
relationship.
Mr. Moffatt asked Mr. Mangan that as they go through Phases One, Two, and Three, who do they look to
for direction and guidance and who do !ht.'Y crnsider !heir chent
Mr. Mangan said that the Foundation is Iheir direct client and first level of coolaet and directioo.
Mr. Moffatt asked if there was a flowchart of how Wilson Miller rep<rts to Ibe dillerent groups. I Ie said IS
the Foundation fiTh1, then the Strategic Planning Coonnittee and third, Ibe Services Divisioo. He asked why Wilson
Miller does not report jointly to both groups if everyooe is paying for ,t
Mr. Mangan said that what led to that assignment III terms of produetion schedule was lirs!, this Board has
specific dates 00 the calendar when it holds its meetings and on th06C dates is best when Mr. Mangan can report to
this Board, which he said is imp<rtantto hillL Second, he has observed as an audience participant at Hoard meetings
that this Board is very crncemed with COOlmmity participation and wants to have evidence of it, so he based his
schedule around the Board's schedule. This allows him to be present at the Hoard meetings and assi,1 in pro,.;ding
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evidence of community participation. The Board could also make comments at that time and that indhidual as well
as the full Board's input is vcry important. He added that the lines of communication are open through email and
the Foundation's Public Access television channel. They sent a web based survey to members of the community.
He stressed that they have tested many communication means and believes that this is an ongoing conversation in
the process.
Mr. Dallas said initially he wished that the Services Division Board had been given an opportunity to
provide input at the same time as the Foundation, but that he realized they did have public meetings. He asked Mr.
Dorrill how it would work for this Board to attend the Foundation meetings and hear all infonnation at the same
lime.
Chairwoman Womble inteljected and said that such meetings would have to be advertised five days in
advance as a joint meeting, unless only one Board member was to attend.
Mr. Levy added, "Or more than one Board member ifthcy don't speak."
Mr. Dallas said that he would want as many Board members there as possible and asked if setting up such a
meeting was possible.
Mr. Dorrill said that it wonld be possible and would be an advertised publicly as ajoint workshop of this
Board where they are free to go and have a full exchange of ideas.
Mr. Dallas asked if there was a downside to that.
Mr. Dorrill explained thai there was no downside and that it would jusl provide an opportunity for this
Board to be there and that it would make it a public meeting.
Mr. Dallas said that that wonld be the ideal. He hopes that when this s1ndy is done that it will be the
roadmap of how the Services Division spends its money over the next 3-5 years and if not, "the more chances we
have 10 gel our hands on ii, Ihe better oITwe will be.'.
Mr. Gmvenhorst referred to Mr. Moffatt and the pecking order and said he did not believe this Board
should be third on the list and sees it an ongoing problem. If an item is approved by the Foundation and Stmtegic
Planning Commillee, but this Board docs not know aboul it by lhe time it gels 10 them they have to slop il at lhat
point. It is tllerefore important that this Board hear everything at the same lime as the Foundation and Strategic
Planning Committee.
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Mr. Cravens asked Mr. DorriIl that if something comes to this Bo:lfd in the manner described by Mr.
Gravenhorst, then the only alternative is to put a total nix on the Services Division's participation and that this Board
does not really have a say but to dissolve the agreement.
Mr. Dorrill responded that he certainly did think they have a sa)'.
Mr. Cravens said that according to the agreement it reads that the Services Division must dissolve the
agreement.
Mr. Dorrill said that this Board could certainly express its desires and its rights as a joint venture partner.
although the Foundation is certainly the designated managing partner in the process, He added that the Board of
County Commissioners is not going to delegate their authority to improve the public assets to the Board of Directors
of the Master Homeowners Association of Pelican Bay, He said that the agreement does need 10 be made clear that
this Board is a joint venture partner, but the Foundation has to be managing partner in the relationship to give this
Board the right to panicipate in this manner.
Mr. Molfall asked if a WHEREAS could be added that requires workshop meetings for Wilson Miller to
report out their findings.
Chairwoman Womble asked Mr. Hoppensteadt if he could answer to that question.
Mr. Hoppensteadt said that the Foundation's desire is to be as collabomtive as possible. He suggested that
item three be modified to reflect quarterly or bimonthly workshops or reports between the Services Division and
Foundation.
Mr. Dallas suggested a having workshop for each phase,
Chairwoman Womble suggested that when Wilson Miller reports to the Foundation at their Board meetings
that the Services Division be afforded the same courtesy and if there was a possibility to do a workshop session of a
Board meeting. She believes that this Board's concern is receiving second hand infonnation or filtered information
from Wilson Miller to the Foundation to the Services DiVIsion.
Mr. Hoppensteadt said that the Services Division is the Foundation's client and just like any other contract
there is a veudor that provides a service and in this case, the Foundation is prO\iding a service to the Services
Division. As far as the issue of the contract goes, the Services Division has final say. It can be structured any way
this Board decides, such as this Board forming a planning committee that provides input to the Foundation Board.
Mr. Mangan is commilled 10 meeting with cach Services Division Board member individually 10 discuss the Scope
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of Services, but cannot meet together as a group because it is against the law. He offered an open invitation io
Services Division Board members to attend Foundation Board meetings and that thC)' are always welcome at any
time. He said that if there is apprehension over using consultants other than Wilson Miller. NO.4 could be stricken
or reworded. The Foundation's intention is to use Wilson Miller to deliver a plan that is collaborative. consistent
and addresscs the community needs across the boundaries of both property ownership and usage. Referring to Mr.
Dorrill's statement earlier, Mr. Hoppensteadt said that the entity responsible for the ownership of those lands is
responsible for scheduling and budgeting out that work. loe inter-local agreement does not infer tliat the
"Foundation is spending more than $200,000 on a plan that at the end of the day, this Board doesn't have any
comfort in implementing. That would be a waste of money."
Mr. Donill suggested Page two, No. J be amended to read, 'The Foundation shall provide regular, at least
at each phase, reports to the Pelican Bay Scrvices Division Advisory Board and shall consult and schedule joint
workshops between the Pclican Bay Services Division Advisory Board and the Foundation Board for inpul on the
overall plan and direction of the work project." Mr Donill added that three workshops will be scheduled, one for
each Phase, and will require advance advertisement as a public workshop.
Mr. Hoppensteadt Slated that the Foundation Board has already approved the funding, contract and gave the
go ahead to work with the Scrvices Division to commence the project and therefore, the joint workshops should be
scheduled with the Foundation's Strategic Planning Committee.
Mr. Moffatt said that the verbiage suggested by Mr. Dorrill would substitute "Foundation Board" with
"Foundation's Strategic Planning Committee." Page two, No. J as amended, reads, "The Foundation's Strategic
Planning Committee shall provide regular, at least at each phase, reports to the Pelican Bay Services Division
Advisory Board and shall consult and schedule jowt workshops between the Pelican Bay Scrvices Division
Advisory Board and the Foundation's Strategic Planning Committee for input on the overall plan and direction of
the Work project." Mr. Moffatt added that assuming the Foundation's Strategic Planning Committee functions as
the manager of the project, tlmt if there cleven Services Division Advisory Board members present and express their
disagreement tlley will be heard
Mr. Hoppensteadt said Ihere is no doubt Ihc Board would be heard and appreciate being at the meetings as
a resident of Pelican Bay.
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Mr. Dallas used Phase one as an examplc to explain what be envisioned. He said tbat everyone would
receive a report from Wilson Miller, get a chance to "chew on it," and present it at a joint workshop. "lfwe all start
from the same basis, if we have concerns, we an voice them."
Chairwoman Womble said that four members of the Strntegic Planning Committee in the audience, as well
she a1t agree with Mr. Daltas' vision and will probably be the most vocal.
Mr. Mangan that as far as consultants. there is only one hired by Wilson Miller is to perform irrigation
surveying, civil engineering, and design
Mr. Hoppensteadt said that Wilson Miller's consultant is the same one that designed Pelican Bay's current
irrigation system.
Chairwoman Womble said that the consultant that designed the irrigation system has been wiU, Pelican Bay
since the very beginning and Wilson Miller has been here for a long time, so she docs not believe there will be any
surprises.
Mr. Hoppensteadt said the goal in order to be successful is to creale as much synergy and collaborntive
effort as possible that can be developed between the Boards and Commillees the beller.
Chairwoman Womble asked Ms. Ronnie Bellone to speak about the Services Division's concerns and allay
thcm.
Ms. Bellone introduced herself as being on the Foundation Board and the Co- Vice Chair of the Strntegic
Phmning Commillee. She said that from the very beginning the intent is for this to be a collaborative project. She
said at the beginning of the sununer, shc tried to demonstrate that evcn if there was no fonnal meeting scheduled
that she is available to talk with each Board member individually due to Sunshine Law. Recently, communication
has been by email. Wilson Miller, the Services Division Board and Slrategic Planning Committee do not have to
wait until the end of a phase to hold a joint workshop. If Mr. Mangan has something that the Services Division and
Strntegic Planning Committee have to discuss, then thcy can call ajoint workshop with the proper five-day public
meeting notice. She said that someone brought up "ghosts" She said she was not a pan of that ghost, but to
counlernct thaI history, she is trying to reach out, as wcll as have some trust and faith in one another to go forward in
good faith.
Mr. Moffatt said, "This is a project 10 erndicate all ghosts." His comment eliciled laughter.
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Chairwoman Womble said that this is a collaborative project and both the Services Division Board and
Strntegic Planning Committee need to use their money wisely and incorpornte some new ideas. She called Mr.
Merlin Lickhalter to the microphonc.
Mr. Lickhaltcr introduced himself as Co- Vice Chair of the Stmtegic Planning Committee. He said that
from the vcry beginning that Chairwoman Womblc has been an intcgral part along the way as members o[ the
Services Division Board. Strntcgic Planning Committee. and Strntegic Planning Task Force.
Mr. Dorrill said that [rom a staff perspective. "that one particular amendment "ith the appropriate motion
when you are rcady is to authorizc this to be [orwarded to the Board of County Commissioners to include the
necessary budget amendment [rom our part. In conclusion, at the budget adoptiou hearing the other evening, thcrc
was one Commissioner and two who acknowledged, thcn asked me to respond to a concern on the part o[
Commissioner Henning as to increasingly large cash carry forward from onc year to the next. In response to that, I
introduced thc idea that wc are developing a mastcr rcdevclopmcnt concept to bring be[orc thc Commissioners I had
hoped they would see be[ore thc end of October. Thc intent seemed 10 be to identify projects Umt would be ready to
construct as early as the following year. For that, wc would be using that cash carry forward as wc go or in lieu of
mising assessments or incurring debt, but that is all subject to funher action on the pan o[ my Board. I helieve that
this initial idea Wa5 pretty well received and thaI you are nol just hoarding money, bUI trying to plan [or thc future
redevelopment of this community and spend accordingly, so that this can continue to be the licr onc community in
Southwest Florida."
Mr. Grnvenhorst asked if Mr. Dorrill could review the amendments.
Mr. Dorrill reviewed the amendments.
Page two, NO.3 should read, "Thc Foundation's Strategic Planning Committee shall providc rcgular, at
least at each Phase, reports to thc Pelican Bay Services Division Advisory Board and shall consult and schedule
workshops between thc Pclican Bay Serviees Division Advisory Board and the Foundation's Strntegic Planning
Committee [or input on the overnll plan and direction of the work project."
Page one, the sixth WHEREAS should read, "WHEREAS the District and the Foundation are both funded
only by the residents and property owncrs of the Pelican Bay community; and"
Page two, NO.4 should read, "Thc Foundation may employ Wilson Miller consultants as it deems
necessary or desirable to accomplish the work projcct."
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Mr. Moffatt asked if the tenn was two years and if it could be amended for subsequent one-year tenns
because it appears to be a six months project and suggested the verbiage be amended for a six-month term.
There was some back and forth betwcen Services DIvision Board members as to wbat the timeframe of the
agreement should be and whether it should be finite.
Mr Levy said completion of the project is not well defined and therefore the project may not be complete
in six months. He suggested a one-year tenn.
Mr. laizzo also suggested a one-year term. He said that when the thrce Phases are complete, they could
decide whether to renew or tenninate.
Mr Cravens suggested a onc-year tenn and if it nceds to extend, then extend it.
Mr. Moffatt said thaI given the fael that il is going to be a one-year contract, he poinled out ilem NO.8 on
page three thaI states a 60 day written noticc 10 tenninate. He said 60 days is too long and suggested 30 days.
Mr Cravens questioned the amendment process, if someone was noting them, how will the amendments be
formalized.
Mr. laizzo asked if a lown hall meeting could be introduced al each phase.
Chairwoman Womble and Mr. Dallas pointed out Ihat there were already Ihree tOWll hall meelings
scheduled at each phase.
Mr. Dallas further explained that Wilson Miller would present their frndings and recommendations at each
phase al ajoinl workshop followed by the same at a town hall meeting called 'community,' then anotherjoint
meeting afterward, which will give time to "digest it all and make sure that we agree with what's going on."
Mr. Moffatt addressed Mr. Cravens' concerns regarding the process to move ahead with this amended
agreement and recommend it for approval by the Counly Commissioners. He said that he believed the Board
wanled to move ahead with Ihe agreement
Mr. Dornll said, "the appropriate motion would be forward to the Counly Commission this agreement as
amended here today, for which I will be happy to provide a final version at your next meeting," on the agenda under
Miscellaneous Correspondencc
Mr. Cravens said he would like to "see or at least hear all of the amendments we are vOling on. According
to Roberts Rnles order, we should have had a molion to approve this on the table. We should have then amended and
voted on each of these amendments so that we have a clear cut understanding of exactly what we are voting on."
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Mr. Gravenhorst made a motion to approve tbe agreement as amended.
Mr. Cravens seconded thc motion.
Chairwoman Womble asked if there was any discussion.
Mr. Cravens said that he would like to make a motion to ehange the length of this agreement for a period of
one year.
Chairwoman Womble staled that Mr. Cravens was referring to page three, NO.8 stated tbe term of the
agreement being two years.
Page three, NO.8 should read, "The tenTI of this agreement is for one (I) ycar unless earlier terminated and
it may be renewed upon the same tenTIs. Either party may terminate this Agreement aner at least thirty (30) days
written noliee to the other..."
Mr. Moffall seconded the motion.
Mr. Cravens said that "now if tbere is any discussion on tbis, now would be the appropriate time."
Mr. Gravenhorst said to Mr. Crav'ens that from his lmderstatXIing of the motion, "the agreement
automatically expires at the end of one year without us having to do anything."
Mr. Cmvens answered yes, that is the motion.
There was some hack and forth betwccn Board members about renewing the contract and the consensus
was to strike "shall automatically be renewed" and replace with "may be renewed."
Mr. Cravens as maker of the motion found striking "automatieally be renewed" and replacing with "may be
renewed" acceptable.
Mr. Moffatt who seconded the motion found striking "automatically be renewed" and replacing with "may
be renewed" acceptable..
The Board voted unanimously 10 approve the mOlion as amended.
Mr. Cravens made a motion to I1mJ!tfd the lOIfpage oJthe inter-local agreement on page three,
No.8, striking "shall autotrUllkally be renewed" replodng wiIIr "may be renewed" OIfd chOlfge the
term oj the agreement to one year. Page three, No.8 was amended to read, "The term oj this
agreement is Jor one (1) year unless earlier terminated OIfd it may be renewed upon the same
terms. Said renewal notice must be delivcud at least thirty (30) days prior to the renewal
expiration date. Written notice shaU be prut>ided as JollDws... " Mr. MoffaIJ seconded the motion.
The Board voted unanimous/ to the bm u 0 the into-local eement as amended.
M r. laizzo asked if anyoue had read tbe terms and conditions.
Mr. Moffatt said, "Whal do you think. we're CongrcssT' His statement elicited laughter and applause.
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Chairwoman Womble asked for a motion to amend page one, No. 6to read, "WHEREAS, the District and
the Foundation are both funded only by the residents and property owners of the Pelican Bay community."
Mr. MolTall made a motion to add "and property owners" to page one. No.6 to read as Slated above.
Mr. Dallas seconded the motion.
The Board voted unanimously to approve the motion as amended.
Mr. Moffatt nuuJe a motion to amend the language of the inter-local agreement by adding "and
property owners" to page one, No.6 to read, "WHEREAS, the District and the Foundation are
both funded only by the residents ""d property owners of the Pelican Bay community." Mr.
Dallas seconded the motiOIL The Board voted .maniINJllSiy to II{1prove the bmguage of the inter-
local tJ1!reement as amended.
Chairwoman Womble addressed page two. No.3. As amended. it should read, '"The Foundation shall
provide regular reports to the Pelican Bay Services Division Advisory Board and shall schedule workshops between
the Pelican Bay Services Division Advisory Board and the Foundation' s Strategic Planning Committee for input on
the overall plan and direction of the work project."
Chairwoman Womble asked if there was any discussion.
Mr. Cravens said that Ihe frequency and type of meetings should be specified.
Mr. Levy said that he recalled the Services Division's joint meeting ",th the Strategic Planning
Committee's Landscape Subcommillee where the process to select a firm occurred and that meeting was publicly
noticed.
Mr. Cravens said that having participated in that meeting, it was really a Strategic Planning Committee
meeting and the Services Division Board members were clearly observers only, not panicipants and had no voting
role.
Chairwoman Womble said the joint meeting was a workshop that was publicly noticed. There was a lack of
communication and oversight at that time and the Strategic Planning Committee did not provide the Services
Division Board with background material prior to the joint meeting, whieh she sai<l upset some Board mcmbers.
Mr. Liekhalter assured that would not happen again.
Mr. Cravens referred to thc meelings or workshops whcre Wilson Miller will provide updates. He asked if
at these meetings. the Strategic Planning Comminec be able to implement changes and give direction.
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Mr. Mangan said that at any workshop or meeting (whether of the Seryices Division Board, the Strategic
Planning Committee, a joint, or town hall) any information that is provided to Wilson Millcr would be captured and
made a part of the process of consideration to continue, modify, or nix an idea.
Mr. Cravcns confirmed with Mr. Mangan whether when providing updates at any point in the process,
Wilson Miller would be looking for direction from the Strategic Planning Committee at any meeting or workshop.
Mr. Mangan confirmed and reiterated that Wilson Miller expects that input and direction to be provided
during any point in thc process and determine by conscnsus whether to continue, look at this, modify that or strike it.
Mr. Dallas said that hc assumes that Wilson Miller would offer "items A, B, and C and try to get people's
reaction of whether they like A, B, or c."
Mr. Mangan said, "Absolutely" and 10 bring an indiyidual ilem forward is nol effective. The process is
integrative, drawing input from multiple resources in order to come to a consensus. By the end of the process, the
goal is to haye prioritized projecls based on a wide range of input.
Mr. Cravens asked if during a joint workshop between the Services Division Board and Strategic Planning
Committee that when prescnted with updatcs, they disagree with the conscnsus. He asked how that situation would
be resolved.
Mr. Levy said it depends who owns the asset.
Mr. Cravens said that ownership of some assets are not as clearly allocated as one may think. The reason
he brought the issue up is point out that therc there is a potential for disagreement. In order to have a meaningful
workshop and come to a consensus, it will take both group members participation and the resolution needs to be a
joint venture rather than the cxclusive domain of one Board or Committee.
Chairwoman Womble said that she understands Mr. Cravens' concerns. She said, "The beauty of it all is we
arc all Pelican Bay citizens" who want what is in the citizens of the Pelican Bay community's best interes\. "Going
forward, the reason why we are doing what we are doing is to utilize our funds appropriately, far more than they
have been in the past."
Mr. Dallas addressing Mr. Cravens said that he believes there will be more disagreement amongst members
of the Services Division than there will be between the Services Division and the Strategic Planning Committee.
Mr. Lickhalter said, "Keep in mind the words that have been said over and ovcr again. This is a
collaborativc joint vcnture effort." He said all Boards hav'e inten..1 and cxternal disagreements. The more a situation
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needs a resolution, who better to resolve it than the two teams of people that represent a common goal and are
looking out for what is m the Pelican Bay community's best interests.
Chairwoman Womble agreed.
Mr. Dallas made a motion to approve the language described in the agreement on page two, NO.3.
Mr. Hoppensteadt clarified the language. As amended, it should read, "Thc Foundation shall provide
regular, at least at each Phase, reports to the Pelican Bay Services Division Advisory Board and shall consult with
and schedule workshops between the Pelican Bay Services Division Advisory Board and the Foundation's Strategic
Planning Committee for input on the ovemll plan and direction of the work project."
Mr. Levy seconded the motion.
The Board voted unanimously to approve the language in the agreement as amended.
Mr, Daaas made a motion to amend the the language of the inter-local agreement on page two, No,
3 to read, "The F oundmion shaa provide regular, at least at each Phase, reports to the Pelican Bay
Services Division Advisory Board and shall consuh ...ilh and schedJlle workshops between the
Pelican Bay Services Division Advisory Board and the F olllldotWn' s Strategic PIonning Committee
for input on the overaa plan and direction of the work project." Mr, Ll!V}' seconded the motion,
The Board voted unanimo to rove the Ian II e 0 the inter-local eement as amended.
Mr. Levy made a motion to amend the language m Ihe agreement on page two, NO.4 from "sueh
consultants" to "Wilson Miller to read, "The Foundation may employ Wilson Miller as it deems necessary or
desimble to accomplish the work project."
Mr. Cmvens seconded the motion.
The Board voted unanimously to approve the language in the agreement as amended.
Mr, Levy made a motion to amend the IongulIge of the inter-local agreement on page two, No.4
from, "Foundation mtI). employ such con.v"ltantv ILt it deems nece.tsary..." to "Foundation mt{V
employ Wdson Miller as it deems necessary..." Page two, No.4 as amended should read, "The
Foundation may employ Wdson Miller as il deems necessary or desirable to accomplish the work
project." Mr. Cruven.. .'<Cconded the motion. The Board voted unanimously to approve the
language of the inter-local agreement as amended.
Mr. Cmvens made a motion to amend the languagc in the agreement on page three, NO.8 from "sixty (60)"
to "thirty (30)" to read. "Either party may tenninale this Agreement after at least thirty (30) days written notice to
the other. District shall be responsible for payment of its proportionate share of fees and costs incurred prior to Ule
effective date of tennination."
Mr. Moffatt seconded the lI\Otion.
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The Board voted unanimously to approve the language in the agreement as amended.
Mr. Cravens nuuIe a motion to amend the language of the inter-local agreement on page three,
No.8 from "sixty (60)" to "thirty (30)" to read "Either parl}' may terminate thi.. Agreement after
at least thirty (30) days written notia! to the other. Distrid shall be responsibk for payment of its
proJHJmonate share of fee.. and costs incurred prior to the effective date of tenninotion. " Mr.
Moffatt seconded the motion. Tlte Board voted unanimou..ly to approve the language of the
inter-local agreement as amended
Mr. Cravens made an attempt at a motion 10 amend the language in the agreement on page one. No. 10. He
reqnested. "Sole source provider" be changed to reflect a synonym for the word "best. ..
Mr. Hoppensteadl inteJjected and said that legally the language had to be precise and remain word for
word. "sole source provider."
Mr. Cravens aecepted Mr. Hoppensteadfs explanation.
Chairwoman Womble expressed how proud she was oftbe Board for volunteering their time how excellent
they were looking out for the best interests of the eitizcns of Pclican Bay.
Mr. Cravens made a motion to approve the language of the inter-local agreement as amended. thus revising
Mr. Gravenhorst"s motion to approve thc inter-local agreement as amended. and submit the agrcement as amended
to the Board of County Commissioners.
Mr. Dallas seconded the motion.
Chairwoman Womble asked if there was any discussion.
Mr. Gravcnhorst asked if a final draft of the agreement as amended be prepared and reviewed by an
attorney.
Mr. Hoppensteadt said that Mr. Anderson would prepare and review the draft and return to Mr. Dorrill to
disscminate to the Board.
Mr. MolTatt said he had a question regarding the language on page two. NO.5. It reads. "The Foundation is
to be reimbursed by the District on a proportiornte share basis as outlined in the fee schedule and proportionate
share breakdown attached. TIlesc costs have been assigned based on a number of clements including but not limited
to underlying land ownership. long term maintenance and operational responsibilities. strategic Foundation planning
activities within the Community and District interest in these community improvement activities. -, He asked if
anyone conld define the phrase. -strategic Foundation planning activities within the Community and District interest
in these community improvement activities."
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Chairwoman Womble explained that the Strntegic Planning Committee distributed a sllIVcy to the property
owners of Pelican Bay. The results uncovered strategic planning activities, some of which were requested by
property owners.
Ms. Noreen Murray from Ihe audience explained thai cosls were nol based on ovmership only of the
clemen\, but also the level of intcrest. She used the example thattbc Services Division m.ns most of the roads, but
the "Foundation has a significant interesl in not being run over," so the Foundation pays their proportionate share of
the cos!.
Ms. Bellone said a number of initiatives going forward came from the stmtegic planning sllIVey and gave
some examples, i.e., hardening of the beach, implementing improved infonnation technology infmstructure, a
community events committee to improve the quali!). and quantity of community events.
Mr Moffatt suggcsted clarifying and amending the language on page two, NO.5.
Mr Hoppensteadt confirmed that Ms. Murray's rationale regarding costs was right on larget and NO.5 was
an attempt to eapture t1m!. He said it would read a lot better by placing "Foundation" before "stmtegic."
Mr Cravens made a motion to amend the language in the agreement on page two, No.5 to read, "The
Foundation is to be reimbursed by the Pelican Bay Serviccs Division on a proportionate share basis as outlined in
the fee schedule and proportionale share breakdown altached. These cosls have been assigned based on a number of
elements including but not limited to underlying land ownership, long tenn maintenance, operational
responsibililies, and Foundation strategic planning activities within thc Community and Pelican Bay Services
Division interest in these community improvement activities."
Mr. Dallas seconded the motion.
There was no further discussion and the Board voted unanimously to approve the language in the
agreement as amended.
Mr, Cravens made a motion to amend the ltmguoge of the inter-local agreement on page two, No.5 to
read, "The Foundation is to be reimbursed by the Pelican Bay Servkes Division on a proportionate
share basis as outlined in the fee !lChedule and proportionate share breaJcdown attached. These co."s
have been a.,signed hosed on a number of elements includ"mg but not /United to underlying land
ownership, (ong term maintenance, operotional respollSibilitks, and Foundation strategic planning
activities Kithin the Community, and PeIictm Bay Services Dirision interest in these community
improvement activities." Mr. DalliIs seconded the motion. There...... IfO further discussion and the
Board voted "nan' to &We tlte 11m II e in the inter-locGl ement as llIrIended.
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Revising Mr. Gravenhorst's motion to approve the language of the inter-local agreement, Mr. Cravens
made a motion to approve the language of the inter-local agreement in its entirety as amended and submit the inter-
local agreement as amended to the Board of County Commissioners ror approval.
Mr. Dallas seconded the motion.
There was no further discussion and the Board voted unanimously to approve the language in the
agreement as amended.
Mr. Cravens mode a motion to approve the 11llft:"age of the inter-local agreement in its entirety as
amended and submit the inter-local agreement as amended to the Board of County Commissioners for
approval. Mr. Dallas sa'Onded the nwtion. There was no further discussion and the Board voted
unanimously to approve the Illlfguage of the inter-load agreement in its . as amended.
Mr. Dallas asked Mr. Dorrill what was the next step in the process.
Mr. Dorrill said that staff would prepare an executive summary, format the agreement in aeeordance to the
County Manager's procedures, and prepare a budget amendment to accompany the executive summary and
agreement to identiry funds in the proposed 20 to budget to meet the Board's obligations. He said a realistic
timeframe to complete is approximately one month or October 15.
Mr. Mangan said that the schedule would adjust reflecting today's Board action,
Mr. Moffatt asked if the Board was going to discuss the Wilson Miller agreement.
Chairwoman Womble and Mr. Dorrill both stated that the Board was not a party to that agreement, so no.
Mr. Dorrill explained that the Wilson Miller agreement was meant to be an exhibit to oulline the various
tasks. He was interested in the intellectual property or copyright matters of the work product, Generally, the rights
go to the design professional, but because public funds arc used, the Services DiviSIOn would have a right to the
work product The work howevcr is prcliminary and is not pan of the actual design and construction plan phases.
Mr. Moffatt said that regarding the Wilson Miller agreement, pagc two. No. 1.9 he observed that thc
wording did not conform to the amended changes in the inter-local agreement On another matter, he said that in
Phase two, there wcrc many "50% complete schematic plans" dcscriptors and asked ir that teml could be defined.
Mr. Dorrill asked what the aspects arc of a "50% complete schematic plan."
Mr. Mangan explained that the type of plan refers to tiered levels of the planning process of collecting
increasingly detailed and complex information or the elements, i.e., aesthetics that are necessary to make decisions
resulting in a refined plan. The full process determines decisions made and what project(s) to implement. For the
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Scope of Services "conceptuaf' level plans refer to Phase OOC, "schematic" level plans refer to Ph.,se two, and
"design development" level plans refers to Phasc three. The percentage convcys the period and gives an "indication
of where we are in the continuum at anyone of those parts of the process." "Conceptual" design refers to the
general baseline where the consultant reviews existing information regarding the community. "Schematic" design
refers to the relationship between clements, i.e.. a roadway is an element, but a median is one element in the
roadway, another is a pedestrian crosswalk. For example, if the consultants propose to create a new bike path in the
roadway at the start of the schematic design they have several ideas under consideration. At "50% complete
schematic design," the consultants should be expressing a variety of alternatives. As the process progresses to a 90%,
complete plan or a final design plan at any level the process is moving toward consensus. "Design development" is
another level of refinemenllhat speaks 10 aesthetics of implementation. The full process results in a consensus and
final plan.
Mr Moffatt asked what would happen at the end of Phase three and if more work would be required in the
development design phase.
Mr Mangan explained that the process has been building on itself and elements removed that are not
worthy of going forward. At the end of Design Development or Phase three there is a "rough draft" report with
recommendations proposed for how the community may implement the Scope of Services. The Services Division
and Foundation Strategic Planning Committee then decide upon which projCCls should go forward. He added that
the Scope of Services did not include any permitting activities or implementation services, however if there arc
potential issues they are identified in the report aod that is where the checks and balances are; at this point of 50%
design phase any services that Wilson Miller provides past that point are assumed and proposing the future.
Mr. Moffatt said lhat assuming thc Services Division wants to go ahead and Wilson Miller has completed a
50% design phase, is there enough products required to go through tlte permit process and contract services or is
there still another 50% to complete or a follow-up phase.
Mr. Mangan said that in order to implement the permit and ronstructiOll processes, there is a follow up
phase after 50% design phase that provides the technical specifications, public comment period, and other
operational services to fulfill County provisions.
Mr. Moffatt said, "You never have to get to ]00% design."
Mr. Mangan said the end is the final design and then complete.
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Mr. Dallas said that at the end of the 50% he asswnes that Wilson Miller can provide a ballpark figure cost
for final design, engineering, wbatever is involved in implementation.
Mr Mangan said yes, a cost estimate will be provided. He referred to Mr Dorrill and added that although
Wilson Miller was not moving through the permit process, as pan of this process they are providing operational
services to meet County provisions. This service includes meelings wilh the County 10 present the design plans for
construclion purposes and plausibility and to understanding Iheir goals and objectives.
Mr Dallas eonfmned with Mr. Mangan tlli.1 at the end of Pbase three Wilson Miller would provide a report
wilh recommendations only and identify any polential issues, but not follow through with the proJect(s)
implementation. Based on Wilson Miller's recommendation in order to get 10 Ihe construction pbase another round
of proposals would go out to the appropriate vendor for implementation.
Mr Mangan said yes.
Me Levy asked for clarification of the 50% complete design period to the final design.
Me Mangan said 50"10 complete design period is importanl because it is when community involvement
occurs.
Me Levy asked for assurance that Wilson Miller would complete 100% before terminating their services.
Me Mangan said yes.
Me Moffatt said on the signature page atlhe very end of the agreement, No 6., (hmer Client
Authorization, stales, "I hereby certify tbalthe Pelican Bay Foundatio!l- Inc. is the Owncr of record of the property
which is Ihe subject of this proposal..." He questioned the validity of thai statement, referred to Mr. Hoppenstcadt,
and said, "Jim, I don'l know how you can sign that."
Me laizzo said, "Tbat's not necessarily lruc."
Mr. Mangan responded that the S1alement regarding Olmership was a good point and amended.
Mr Moffatt asked Mr. Hoppenstcadt if the agreement with Wilson Miller was approved.
Mr. Hoppensteadl said thai he wanted the Services Division 10 review the agreement and reeeive the inter-
local agreemenl prior 10 execution with Wilson Miller.
Mr. Levy asked if the Board was going to discuss the Services Proposal or if it was here only for review.
Mr Hoppenstcadt and Cbairwoman Womble said that absolutely they could diseuss it because the strategic
plan involves everyone and thai everyone needed 10 be on the same page.
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Mr. Levy referred to No. 2.7 - L - A. 6. ''Commlmity Traffic Calming and Safcty Rccommendations
Phases I and II, subsection I Initial Based Data Gathering and Conccptual Design Reporting" that reads, "Data
collection is proposed here as an additional servlcc at this time and is not accounted for in the proposed fee structure
attached..." He said spending extra money on data collection was a waste of funds because not all vehicles IImt
travel through Pelican Bay are property o,,,,ers.
Mr. Mangan explained his reasoning for the recommendation. He said trdIlSportation roadway
modifications require empirical data and if the proposal yields a roadway modification recommendation, the study is
required and would already be complete. He added he did not want to place a clause with a fee into the contract that
might or might not become a part of the Scope of Services.
Mr. Dallas said that from what he has heard, the people caught speeding by the Sheriff are Pelican Bay
residents.
Mr. Levy said that they did not need a survey to tell them they needed traffic calming and safety
recommendations and said, "We would like a new traffic cop."
Mr. Mangan said that the Sheriff s office would be a great resource for information regarding community
traffic and safety recommcndations.
Chairwoman Womble asked if there were any further questions,
Mr. Hoppensteadt said that if any Board members find any further issues after the fact with the
agreement(s) to contact him.
Mr. Moffatt asked Mr. Dorrill how mnch funding would ask for in the bndget amendment and if it wonld
match the fee schedule.
Mr. Dorrill answered the amount would match the fee schednle.
Mr. Moffatt said his concern is lhal the amount would change and increase therefore requiring an additional
budget amendment.
Mr. Levy said that monies would come from the capital fund.
Mr. Dorrill agreed that the budget amendment could possibly require an additional amendment and that the
money would come from capital funds. Regarding the inter-local agreemem there is a Scriveners error on page two,
NO.6 and replace "District's engineer" to read "District's administrator."
Mr. Cravens made a motion to amend the agrccment.
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Mr. Dallas seconded thc motion.
Tbere was no further discussion and the Board voted unanimously to approve the language in the
agreement as amended.
Mr, Cravens made a motion to amend the language oftlte inter-loc'iJl agreement Page two, No, 6
should be amended by replacing "District's engineer"..vh "District's administrator," Mr, Dallas
seconded the motiolL The Board voted unl11fimously to approve the hutguage of tlte inter-/ocal
agreement 0.< amended.
There was no Curther discussion or amendments to the inter-local agrecment.
MONTHLY FINANCIAL REPORT UPDATE
Mr. Dorrill moved along to the monthly financial report update. He had distributed a draft report to the
Board and said that the report still needed refining. but was heading in the right direction. His goal is to make a
financial report that is morc meaningful for the Board. It occurred 10 him that other ilems can be on thc report
including tolals by fund or cost center of year to date revenUl.'S and expenditures and asked for Board suggestions.
He said that the County's budget software is limited and docs not provide a balance sheet. He said that as the Board
already knows, the Clerk is the County's Chief Financial Officer and accounlant and Mr. Dorrill plans to meet with
the Clerk's Finance Director to discuss whether they can provide individual balance shcels by fund or cosl cenler
and consolidated balance sheet for the Pelican Bay Services Division. He had no further updates. but did express
again his intent is to provide the board with a meaningful monthly financial report for budget purposes, that states
the actual revennes and expenses and some history.
Mr. Cravens said on page II, Fund Center 649010 Licenses and Pennits that the number $U39.200
"jumped out at me." He asked Mr. Dorrill to explain how and why the Board could budgelthat much money on
licenses and pcnnits.
Mr. Dorrill said that he did nol believe Ihal number is correcl nor did the Services Division spend anything
close 10 Ihat amount on Clam Bay and that he would look into that.
Mr. Dallas asked Mr. Dorrill what the difference was belween an adopted and amended budget.
Mr. Dorrill said that the financial report provided is showing what the Services Division spent in the month
of August. The teu-month column refers to a year to date up until the prior month of the current financial report
monlh, so in this case it is the year 10 dale expenses Crom Oclober 10 July.
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Mr. Dallas said, "So you bave the year 10 date but the budget haSll'1 been adjusted for months, so the
numbers refiect 12 months'-'
Mr Levy said, .'It would be nice if we could have a budget, something that ties into the budget book and
where the numbers are the same."
Mr. laiao said the numbers do match.
Mr Dorrill said that the munbers should match the Services Division budgct by individual fund or cost
center, so the report is meaningful.
Mr Levy confirmed with Mr Dorrill that the Budget they should be looking at is the budget book that the
Board received from stalT.
Mr MolTatt said that in the budget, there is one page for eaeh individual fund and it lists the revenues,
assessments, and carry forward, as well as expenses for Streetlights. There is a scpamte page for eaeh category:
Community Beautification, Water Management, and Capital Projects. He suggested a financial report that was only
four pages thai corresponded to U,OSC four budgel e<degories would be a step in the right direction
Mr. Dallas said that would show "how we are doing for the year" He added, "We are probably ahead."
Mr MolTatt said, "Unfortunately, we don't budget by month."
Mr. Dallas said, "We know that, but some things you see you can sort of suspect whether they arc scasonal
or not and if you see something that is seasonal it is way off."
Mr. MolTatt agreed.
Mr Dorrill addressed the Budget Committee and asked if the Budget included interest income.
Mr Levy said yes and the County provided the number and is under the category Program Funding
Sources.
Mr. Dorrill said okay and that he would work "'lh Mary to ereate a more meaningful and useful report by
the end of the year
Mr Levy said that the obvious question will be, "How did we do" and asked Mr. Dorrill if he knew how
long it would take to get the final numbers.
Mr Dorrill asked Ms. McCaughtry if she knew whcn the County closes out Ule hudget.
Ms MeCaughtry said the Services Division did not receive tbe final numbers until January last year.
Mr. Levy asked when the Fiscal Year ended.
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Mr. Dorrill said September 30.
There was no further discussion.
WEBSITE PROPOSALS & STAFF RECOMMENDATION
Mr Dorrill said his final item was to share with the Board the proposals Ms. Resnick received to design
and improvc the Division's website. After review, he helieves they are all essentially the same fees proposal via
three elcments: wcb dcsign fee, one time upload fee, and monthly hosting fee 10 tolal a yearly cost in the rangc of
$4,000 - $,4300 rangc therefore fairly competitive, He asked Ms. Resnick if staff had a recommendation.
Ms. Resnick said that thc County could do most of what website proposals quote with the exception of
design to the current web page that the Services Division has on the County's websitc, If the Board were to decide
on one of the three web finns that she reeommends Clubessential because their serviees are a11-inelusive and permit
creativity and autonom). The cos! seemed less than the other two proposals
Mr. Dorrill pointed oul that Cluhessential had a monthly fee of$150 (yearly $18(0) and the rdllge for the
tlITCC companies for this hosting fee is $65 10 $ ISO, the difference heing that the design fee is higher for the otllers
ranging from $2,500 to $4,300, The bottom line is the proposals are all wilhin a few hundred dollars + or -, Mr.
Dorrill said that thc Services Division's County webpage, although user-fricndly is unattractive and docs not portray
who the Services Division is or what the Scrvices Division docs. He asked Ms, Resnick if it was possiblc to
redesign the County's Services Division's page and cost.
Ms. Resnick said thc County does nol allow changes to the design or fonnal. The hesl they can do is
posting somc photographs and video& audio links, There IS no direct fiscal impact
Mr. Dorrill said lhat from his understanding, this Board wanls an independent, redesigned and rcfreshed
website and asked for suggestions, Unless he is told otherwise he plans on proposing a new Scrvices Division
website with a first year cost of approximately $4.<"") and the site would he similar to Peliean Marsh's and Leiy
Community Developmcnt Districts,
Mr. Levy asked if the Services Division is required to nse the County's site,
Mr. Dorrill said that was nol an issue. Sevcral OIher departments have websitcs independent of the County,
i,e., EMS, and Parks and Recreation
Mr. Cravens said that he has serious doubts that the Services Division website is very popular and to spend
scveral thousand dollars 10 put up a website not used by vcry many people is a waste of funds. Hc said that Ms,
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Resnick has some skills and cxpertise in website design and development; he perused sites that she developed in
former positions and said they look professional. He added that the Services Division should keep the County site
and suggested the Board give Ms. Resnick an opportunity 10 develop a new Services Division website. The cost is
minimal.
Chairwoman Womble asked Ms. Resnick her thoughts.
Ms. Resnick liked the idea very much adding that it would be a part of her job responsibilitics and therefore
minimal cost for startup software and other computer-related ilems. She added that it wouid takc somc time to set
up.
Chairwoman Womble asked if there are any limitations being on a governmental wcbsitc. Can they do
more than post Board agcndas and Board minutcs.
Ms. Resnick answered creatively. no.
Mr. Cravens interjected and explained that the Services Division could get a domain name for Icss than $ I 0
(ten) per year. i.e., pelicanbayservciesdivision.org. . Ms. Resnick has the skills to create a website and link it to the
County's website. He said thai the County's site is very hard to navigate and not user friendly. He said they should
give Ms. Rcsnick a chance to develop a wcbsite and if it does not work out. then they can hire a professional
company.
Mr. Gravenhorst said that he agreed with Mr. Cravens.
Mr. Dallas said Ihe new website is much better than the old one; tI,e new one seems to have things up to
date with agendas and handouts for the meetings, so he agreed with Mr. Cmvens.
Mr. Dorrill said that idea was finc with him. He referred to Mr. Cravens' comments regarding the County's
site and he agreed thaI it is not easy to navigate. It may have been well intentioned but not at all intuitive.
Chairwoman Womble asked Ms. Resnick if she wanted to take on the assignment,
Ms. Resnick said yes.
Mr. Levy said that from what he understood the Services Division already has a website asked what would
happen to it
Mr. Cravens said there was a website that the former administrator designed and maintained but he
submilled a bill to continue it and the Board voted nOl to continue i\. What they have now is a page on the County
websitc.
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Pelican Bay Services Division Advisory Board Special Session Summary Minutes
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Chairwoman Womble said that they would retain the page on the County's site.
Mr. Levy acknowledged that the Services Division no long had the pclicanbayservices.com website
ChaiIWoman Womble and Mr. Cravens said no, the Services Division no longer had their own site.
Chairwoman Womble added the focal point is the fact that the Services Division no longer has its own
domain and website and the Board's consensus is to have one. She asked Ms. Resnick if the the proposed new
website can link to the County.
Ms. Resnick said yes, the sites could link.
Mr. Hoppensteadt said the Foundation will be in the process of redesigning their website and that Ms.
Resnick can collaborate with Ule Foundation.
Chairwoman Womble said giving Ms. Resnick a chance 10 develop lhe websile is the way to go.
Ms. Resnick accepted and added that she had a concern about using the County's network to develop the
site because they have many restrictions and limitations. Tbe County does not support the software required and
using Uleir internet connection and network could prove troublesome.
Mr. Cravens said that he would help Ms. Resnick resolve any problems that may occur.
Chairwoman Womble said to proceed and see hm, it goes.
Mr. Moffatt asked Mr. Dornll if he can report on the the Board of County' Commissioners Budget Hearing
of September 10. He said he was concemed specifically abont the comments made regarding the ad-valorem and
non-ad valorem tax issues.
Mr. Dornll said the Commissioners asked two specific questions and they did not seem to understand how
the Services Division's budget process differs from their own budget process. One question was how did the
SCIYices Division budget their revenue reserves and the second question was the result of a single citizens
complaint.
Mr. Levy said thai the complaint came from Tom Brown, a former Pelican Bay Services Division Board
member.
Mr. Dornll said that Mr. Brown's premise was to change the revenue methodology to fund the Division
from a single flat rate non ad valorem based assessment to an ad valorem based millage rate, so that the "rich"
people who live in the higher valued assessed homes would pay mUTe laxes than he does. There was a single
Commissioner surprised that they had the ability to consider this and advised that historically, the Division's street
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lighting program be funded on an ad valorem millage rate assessment. Mr. Dorrill said that the majority of the
Commissioners did understand the l1at rate method of asscssment. He indicated to the Commissioners that well in
advance before the Commissioners sct their budget policy for next year that the Scrvices Division Board would have
a discussion to reaffirm that a l1at mte method of IIssessmeut has the greatest benefit for all aspects of the
community. This would include the puhlic, not for profit and commercial owners that otherwise would not pay a
lesser IImount than they would if they paid an ad valorem tllX. ThIlt S3Dle Commissioner had II concern llbout a lIlrge
cash ClIITY forward and Mr. Darrill IISSured tbe COImnissioner thosc monies arc being IIpplied to future capitlli
projects.
Mr. Moffatt IIsked how a policy change would be decided to change from a non-lid valorem assessment to
an ad valorem tax and asked if the Budget Committee meet and then make a recommendation to the full Board.
Chairwoman Womble SIlid that the discussion would begin with the Budget Committee and then brought to
the full Board.
Mr. MolTlltt SIlid Ihen the Scrvices Division agreed to hold II community' workshop.
Chairwoman Womble added that for rrumy years she and Com Obley have IIgreed that all property owners
and residents share the same benefits from the streetlights. for ex.ample, everyone drives on the same roads, and that
II l1at rate has been successful.
Mr. Dornll SIlid that discussion should take place when the Budget Conunittee is preparing thc prcliminary
budget with staff and looking III revcnucs for 20 II.
Mr. Levy SIlid that rrumy ycars IIgo there was a discussion about this. Mr. Brown was on the Services
Division Board and analysis and discussion went on for a number of meetings, so there is some history on this.
Evcntually, the Board decided to stay with a non-lid valorcm assessmcnt cxccpt for strcct lighting and security, but
the security service was discontinued.
Mr. Dornll said that in advance of Ihc meeting, thc Board could review the letter by Mr. Brown sent to thc
Commissioncrs. Belicving Mr. Brown was a concerned citizen and not a former Board mcmber hc called Mr.
Brown and Icft a voiccmail for him to discuss, but Mr. Browu did not return his call. Mr. Dorrill SIlid thllt hc did
answcr the conccrns before thc Commissioners at thc Budgct Hearing, so Mr. Dorrill did attempt to rcach out.
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Pelican Bay Services Division Advisory Board Special Session Summary Minutes
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Mr. Moffatt said !bat lbe Commission did seem to be impressed lbatthe Senices Division did hold three
public hearings tbroughoutthe ycar. Not many people attended but lbe fact !bat lbe Services Division had lbem
seemed to impress them.
There was no further discussion regarding lbe Adminislnltors report.
CHAIRWOMAN'S REPORT
PUBLIC EDUCATION BLUE SKY DOCUMENTARY VIDEO DISCUSSION & UPDATE
Chairwoman Womble said that Bluc Sky has put forth an incomplete documentary video. She said !bat
lbere are many of materials to work wilb and good information. From a teacher standpoint. Chairwoman Womble
likes lbe educational value. Mr. Dorrill, Mr. Hall, and Mr Cravens lla"e made suggestions that would make the
video more beneficial and casy to understand. They are awaiting the final product although she has not heard
anything recently regarding lbe deadline.
Ms. MeCaughlry said that Blue Sky's editors are in town and working ()II lbe suggestions made and hope to
llave something by the end of the month.
Chairwoman Womble said ifanyone has nol, but wants to see the draft documentary' that it is available for
viewing in lbe staff office.
Mr. Levy asked what the cost of \he project is.
Mr. Dorrill said it is $65,000 at the time it was initially authorized. Approximately $57,000 has been spent
and per Mr. Dorrill 's direction, the Services Division is withholding payment of 15% mntingeney on final delivery.
Based on what his understanding there will 1101 be any additional costs involved.
Chairwoman Womble said !bat she watched the draft documentary and ensuing discussion wilb Mr. Dorrill
and Blue Sky staff. She said he did a very nice job communicating to Bluc Sky lbat the Services Division liked lbe
product and payment would be otTcred at thaI time finished product is produced.
Mr. Levy asked if lbe Board discussed lbe video before embarking on the project.
Chairwoman Womble said yes Ihe Board discussed Ihe project with Mr. Petty and lhe fact !bat lbere was an
education fund and statT suggested !bat a documentary video was the way to go forward. TIle Board members
present at that time recommended stalT move forward and go wilb Blue Sky video to make a video that is
educational about water managemcnr
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Mr. Cravens said that this is the second video, 1lle first video was 1lle Jewel of Pelican Bay and was very
well- received.
Chairwoman Womble said that because the first video was well received, that is why the Board said to go
ahead with the second one
Mr. Cravens said said, "However, there was no discussion by this Board about secoud delivery" He said
he asked Ms. MeCaughtry to look it up specifically in the minutcs,
Chairwoman Womble said, "Yes, it was Tom, You were not here. We've had this discussion before."
Mr. Dorrill said that in fairness to the former administIalOr, he could have done a better job in
communication. It was not part of the printed agenda that day and appeared to come up in tile finat minute, tIliny
seconds of what had been a very long Board meeting, and no specific dollar amounts were mentioned. However, it
was discussed at a Board meeting, It was not handled very well. Ifit were to be discussed again, il should appear as
a noted and printed item on tile agenda witll hackup material and costs. as many items arc printed items on today's
agenda, Staff would be a little clearer and state the cost.
Mr. Iaizzo asked iftllis discussion took place over a year ago for $65.000.
Mr. Dorrill said yes.
Mr. Cravens said that a $65,000 project should have had more discussion and greater involvement and
oversight by the Board.
Chairwoman Womble said she agrees and that it appears thai communication is not an issue with Mr.
Dorrill and the Board was very happy with tile first video, it was similar, and why the Board probably went witll the
idea a second time.
Mr. Levy said tile first video was a good video and he recalls discussing funding for it, but that he docs not
recall discussing funding for the second video,
Mr. Cravens said that tile video was great and tIlere were numerous showings, i.e., Men's Coffee, Channel
95, and Pelican Bay Services Division meetings, He added that he would like tile Chair to appoint an ad-hoc
committee 10 deal with wider distribution,
Chairwoman Womble said that the social members had an opportunity to view the first video as well as
members of the golf course at Pelican Bay,
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Mr. Cravens said lbat if tlte Board is going to spend $65,000 on a video that tbe Board come up with a
proposal for more widespread distribution.
Chairwoman Womble Said she was glad Mr. Cravens brought up distribution because she has an idea. The
watcr managcment information could be not only educational to the Services Division and Pelican Bay community
as well as educational to other communiti~'S in Southwest Florida and the U.S. This video is vcry educational and
the marketing conld be a very important part of this process. The Board was thrilled it was about water
management.
Mr Gravcnhorst asked to table the video discussion to the next meeting.
Chairwoman Womble agrced.
CAPITAL PROJECTS
CROSSWALK AND INTERSECTIONS THERMOPLASTIC RESTRIPING UPDATE
Mr DoTTill said contractors arc currently working on the thermoplastic restriping at crosswalks and
intcrsections in thc residential parts of the community and work should be complete in two weeks.
MISCELLANEOUS CORRESPONDENCE
FLORIDA SUNSHINE LAW AND ETHICS:
ATTORNEY GENERAL OPINIONS REGARDING BOARD PARTICIPATION BY TELEPHONE
Mr Moffatt brought up the Attorney Gcneral Opinions reg;mling Board participation by telephone with a
physical quorum prescnt what arc the guidelines. He does want this itcm on thc ncxt agenda for discussion at the
next meeting.
Chairwoman Womblc said lbat from what she understands there needs to be some type of emergency and
cannot be detennined until the time of the said emergency and meeting, but it can be discussed at thc ncxt mecting.
Mr Cravens said lbat he would be interested in what the Commission did with two Commissioners
participation by phone at a recent meeting. He suggested viewing the video of the meeting, secing what thcy did,
and use that example as this Board's guideline.
Mr. Lcvy said that according to the Attorney Gencral Opinion, the phone participan1( s) are supposed to be
on video or seen by thc rest of thc Commission and the public, as wcll as be heard.
Mr. Cravens said that thc two Commissioners not present were not on video.
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Pelican Bay Services Division Advisory Board Special Session Summary Minutes
September 14, 2009
Mr. Moffatt said from what he uod...stands, a Board or Committee has some discretioo as to the guidelines
and can use their best judgment and once they adopt their own policy,.. procedure, it shoold hold up.
Chairwoman Womble said that this discus~'ilm could be continued at the ncx1 meeting.
ADJOURNMENT
Mr. Gravenhorst made a motion to adjoum.
Mr. Moffatt =xmded the motim to adjOurn
The Board voted unanimoosly to adjoorn.
Summary Minutespf"f1fJC1fWd by UsaRf/$flid on S6ptflfflbgr 29,2009
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RECEIVED ~i:ll:s ~JV~i 16,/ 1
OCT 0 6 2009 Henning_ September 18,2009 B 1
. Coyle v
MI~U~~Sn~;~~E5 HEAI&J~aOF THE COLLIER COUNTY
SPECIAL MAGI S TRA TE
Naples, Florida, September 18, 2009
LET IT BE REMEMBERED that the Collier County Special Magistrate, in and
for the County of Collier, having conducted business herein, met on this date at
9:00 AM in REGULAR SESSION in Building "F," 3rd floor, of the Government
Complex, Naples, Florida, and the following persons were present:
SPECIAL MAGISTRATE:
Honorable Brenda Garretson
ALSO PRESENT: Jennifer Belpedio White, Assistant County Attorney
Cristina Perez, Code Enforcement Investigative Supervisor
Jennifer Waldron, Code Enforcement SupervMlslrCorres:
Date:[~(lDID9'
rtemtt.10rfl)e.1
I
~:p!es to:
16// 1
September 18, 2009 B 1
I. CALL TO ORDER
The Meeting was called to order by the Honorable Special Magistrate Brenda
Garretson at 9:00 AM. 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: 9:20 AM
RECONVENED: 9:37 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 #9, Case #CESD 20080015162 - BCC vs. Rosalio & Juanita Aguayo
. Agenda #7, Case #CESD 20090002328 - BCC vs. Barrie & Deanne Kee, Jr.
. Agenda #5. Case #CEV 20090008539 - BCC vs. Lociana Dorilus, Lyta Iste,
& Ifaussa Dorilus
(b) Under Item V (B), "Hearings," the following case was DISMISSED by the
County due to payment:
. Agenda #2, Case #PR 043068 - CEEX 20090014028 - BCC vs. Ana Garro
(c) Under Item V (B), "Hearings," the following case was DISMISSED by the Park
Ranger:
. Agenda #3, Case #PR 003265 - CEEX 20090013872 - BCC vs. Alice Brooks
Pittman
(d) Under Item V (B), "Hearings," the following case was WITHDRAWN by the
County:
. Agenda #6, Case #CEPM 20090004038 - BCC vs. Timothy Cotter
(e) Under Item VI (A), "Motion for Imposition of Fines," the following case was
DISMISSED by the County due to payment:
. Agenda #1, Case #CEPM 20080010842 - BCC vs. Dorothy Johnson
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 4, 2009
2
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September 18, 2009 B 1
Correction:
· Agenda #5, under "Hearings," Case #CEPM 20090002186 - BCC vs. An Trinh,
the Operational Costs should be $ I 18.22 (not $ I 18.20).
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 Reduction/Abatement of Fines - None
B. Motion for Continuance - None
V. PUBLIC HEARINGS
A. Stipulations:
9. Case #CESD 20080015162 - BCC vs. Rosalio & Juanita Al!uavo
The Hearing was requested by Collier County Code Enforcement Investigator
Weldon Walker, Jr., who was present.
The Respondents were not present.
Violations: Collier County Code of Laws, Chapter 22 Buildings and Building
Regulations, Article II, Florida Building Code, Adoption and
Amendment of the Florida Building Code, Section 22-26(B)(1 04.1.3.5)
Construction/remodeling being done to shed on property without permits
Folio No: 65070520005
Violation address: 516 Palmetto Avenue, Immokalee
Investigator Walker stated Juanita Aguayo informed him that her husband, Rosalio,
was deceased. She agreed to the terms of the Stipulation.
A Stipulation was entered into by Respondent, Juanita Aguayo, on September 17,
2009.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to obtain either a Collier County
Building Permitfor the improvements to the shed, or a Collier County Demolition
Permit to demolish the unpermitted additions to the shed, all required inspections,
and a Certificate of Completion on or before November 18, 2009, or a fine of
$200.00 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.
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September 18,2009
JI, B 1
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office
to enforce the terms 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 $]]7.61 on
or before October 18, 2009.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator petform a site inspection to confirm
compliance.
Total Amount Due: $]]7.61
7. Case #CESD 20090002328 - BCC vs. Barrie & Deanne Kee. Jr.
The Hearing was requested by Collier County Code Enforcement Investigator Ron
Martindale who was present.
The Respondent, Barry Kee, Jr.. was also present and represented his wife. Deanne
Kee.
Violations: Collier County Land Development Code 2004-41. as amended,
Section 1O.02.06(B)(1)(E)(I) and Florida Building Code Article II,
Section 22-26(B)(1 04.5. 1.4.4)
Swimming pool and metal work shop constructed without receiving final
inspection(s). Permit(s) expired/abandoned without obtaining a
Certificate of Occupancy/Completion.
Folio No: 41938720000
Violation address: 5810 Standing Oaks Lane
The Respondents reside at 5810 Standing Oaks Lane. Naples, Florida.
A Stipulation was entered into by the Respondent, Barrie Kee, Jr. on September 18,
2009, on behalf of his wife, Deanne Kee, and himself
Investigator Martindale stated the Respondents accepted and agreed to the terms of
the Stipulation.
The Respondent stated. due to a change of contractors, he was unaware that a
Certificate had not been obtained.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and ordered to obtain either a Collier County
Building Permit, or a Collier County Demolition Permit, all required inspections,
and a Certificate of Completion on or before November 18, 2009, or a fine of
$100.00 per day will be imposedfor each day the violation remains thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
lf 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.
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September 18, 2009 B 1
Ifnecessary, assistance may be requestedfrom the Collier County SheriJJ's Office
to enforce the terms 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 $11 7. 70 on
or before October 18, 2009.
The Respondents are to notify Code Enforcement within 24 hours of abatement of
the violation and request the Investigator peiform a site inspection to confirm
compliance.
Total Amount Due: $11 7.70
5. Case #CEV 20090008539 - BCC vs. Lociana Dorilus. Lvta Iste. & Ifaussa
Dorilus
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondents were present.
Ifaussa Dorlius served as translator for his mother, Lociana Dorilus.
Violations: Collier County Land Development Code 2004-41, as amended,
Section 4.05.03(A)
Several cars parked on the grass
Folio No: 36317160005
Violation address: 5300 Coronado Pkwy, Naples
Lyta Ariste corrected her last name to A-r-i-s-t-e. She was advised to contact the
Property Appraiser's Office to correct the error in the tax rolls.
Ifaussa Dorilus resides at 5300-8 Coronado Parkway, Naples, Florida.
Lyta Ariste resides at 5300-A Coronado Parkway, Naples, Florida.
Lociana Dorilus resides at 5372 19th Avenue, Naples, Florida.
A Stipulation was entered into by the Respondents on September 18, 2009.
Investigator Paul stated all Respondents had agreed to and signed the Stipulation.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to remove the vehicles from the
front and/or rear yard(s) and park them on a stabilized pervious or imperviously
treated suiface, and to park onlv on the space designatedfor automobile parking
on or before the close of business on September 21,2009 or afine of $50.00 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 terms of the Stipulation.
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September 18,2009
81
The Respondents were 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 September 21,2009.
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: $117.96
Ms. Ariste stated the problem has been caused by her brother's friends who park their
cars wherever they want when visiting him, including on her side of the duplex.
The Special Magistrate suggested Mr. Dorilus add crushed stone to his portion of the
driveway to increase the parking area in an effort to resolve the situation.
* Supervisor Jennifer Waldron stated an additional Stipulation had been reached in the
following case:
12. Case #CEV 20090005100 - BCC vs. Maria Co Zuluaea
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondent was also present.
Violations: Collier County Land Development Code 2004-41, as amended,
Section 2.01.00(A)
A utility trailer and a flat bed trailer both without current tags.
Folio No: 38102800002
Violation address: 3231 68th Street SW
The Respondent resides at 3231 68th Street SW, Naples, Florida.
A Stipulation was entered into by the Respondent on September 18, 2009.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to obtain valid tags for each vehicle,
or store the vehicles in a completely enclosed structure, or remove them from
the premises, on or before September 28,2009 or afine of $50. 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.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office
to enforce the terms 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 $117.52 on
or before October 18, 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
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September 18, 2009 1
compliance.
Total Amount Due: $117.52
B. Hearings:
1. Case # PR 003257 - CEEX 20090013871 - BCC vs. Robert Madonna
The Hearing was requested by the Respondent who was present.
Collier County Code Enforcement Park Ranger Barry Gorniak represented Park
Ranger Kurt Araquistain.
Violations: Code of Law & Ord., Sec. 130-66
Unauthorized parking. Parking in the right of way
Violation address: Pelican Bay Community Park
The Respondent resides at 331 South Heathwood Drive, Marco Island, Florida 34145.
The Respondent initially objected to continuing the Hearing without the presence of
Investigator Araquistain, but decided to withdraw his objection.
He introduced five photographs which were marked as Respondent's Composite
Exhibit "I" and admitted into evidence.
The Respondent stated the parking lot has clearly marked spaces for handicapped
parking and numerous signs for everything except where parking is not allowed or
where overflow parking is located. He suggested areas reserved for emergency
vehicles should be designated.
Park Ranger Gorniak introduced two photographs which were marked as County's
Composite Exhibit "A" and admitted into evidence. He stated the Respondent's
vehicle was parked in the Right-of-Way and blocked the flow of traffic around the
parking lot. He further stated the parking spaces, delinated by lines, are the only
areas designated for parking in the lot.
The Special Magistrate stated it would not be clear to the public that the area was
reserved to allow access for emergency vehicles if there was no yellow paint on the
curb or an informational ("No Parking") sign at the Park's entrance.
Finding the Notice of Hearing was properly served, the Special Magistrate found
the Respondent NOT GUILTY olthe alleged violation
8. Case #CEV 20090003673 - BCC vs. Karin L. Hennessv
The Hearing was requested by Collier County Code Enforcement Investigator John
Connetta who was present.
The Respondent was not present.
Violations: Collier County Land Development Code 2004-41, as amended,
Section 2.01.00(A)
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September 18,2009
B1
Unlicensed/inoperable vehicles
Folio No: 65221040004
Violation address: III Coral Vine Drive
The Notice of Hearing was posted at the property and the Courthouse on
September 5, 2009.
Investigator Connetta stated the violation had been abated.
Finding the Notice of Hearing was properly served and finding 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. 96
on or before October 18, 2009.
Total Amount Due: $117.96
10. Case #CENA 20090010129 - BCC vs. James S. Louev
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse who was present.
The Respondent was not present.
Violations: Collier County Code of Laws, Chapter 54, Article VI, Section 54-179
Litter consisting of, but not limited to, wood, cardboard boxes, batteries,
gardening tools, gas can, granite counter tops, cooler, pool pump, etc.
Folio No: 24070920002
Violation address: 237 Burning Tree Drive
The Notice of Hearing was posted at the property and the Courthouse on
September 4,2009.
The Investigator introduced seven photographs which were marked as County's
Composite Exhibit "A" and admitted into evidence. He stated the violations have not
been abated.
Finding the Notice of Hearing was properly served, the Respondent was 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 the close of business on September 21,2009 or afine of$100.00 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.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriffs Office
to enforce the provisions of the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
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81
Enforcement during the prosecution of this case in the amount of $117.70 on
or before October 18, 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 conjirm
compliance.
Total Amount Due: $117.70
11. Case #CEPM 20090010278 - BCC vs. James S. Louev
The Hearing was requested by Collier County Code Enforcement Investigator
Jonathan Musse 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, Sectjon 22-
231(12)(L) and Section 22-231(15)
Pool is green, stagnate, and not properly maintained, also missing screen
panels from the pool enclosure
Folio No: 24070920002
Violation address: 237 Burning Tree Drive
The Notice of Hearing was posted at the property and the Courthouse on
September 4,2009.
The Investigator introduced two photographs which were marked as County's
Composite Exhibit "A" and admitted into evidence. He stated the violations have not
been abated.
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 stagnate, or drain the pool completely, on or before the close
of business on September 21,2009 or ajine of $100. 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 repair/replace all damaged screens on or
before the close of business on September 21,2009 or ajine of $50.00 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.
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 $118. 05 on
or before October 18, 2009.
The Respondent is to notify Code Enforcement within 24 hours of abatement of
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September 18, 2008 1
10,
the violation and request the Investigator perform a site inspection to confirm
compliance.
Total Amount Due: $118.05
13. Case #CEPM 20090008987 - BCC vs. Jerry & Susan Currie
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondents were not present.
Violations: Collier County Code of Laws & Ordinances Chapter 22, Article VI,
Section 22-231 (15)
Pool is green and stagnate, not maintained
Folio No: 36248400009
Violation address: 1797 54th Street SW
The Notice of Hearing was posted at the property and the Courthouse on
September 8, 2009.
Investigator Paul introduced a photograph which was marked as County's Exhibit
"A" and admitted into evidence. He stated the violation has not been abated.
Finding the Notice of Hearing was properly served, the Respondents were 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 September 25,2009 or afine 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.
Ifthe 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 Order.
The Respondents were 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 October 18, 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: $117.96
14. Case #CEPM 20090004672 - BCC vs. Jose & Sara Carrasco
The Hearing was requested by Collier County Code Enforcement Investigator Carol
Sykora who was present.
The Respondents were not present.
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September 18, 2009
Violations: Collier County Code of Laws & Ordinances Chapter 22, Article VI,
Section 22-243
A vacant house under construction with broken windows or no windows
or doors, allowing access to the interior.
Folio No: 62258560000
Violation address: 5314 Texas Avenue, Naples
The Notice of Hearing was posted at the property and the Courthouse on
September 8, 2009.
Investigator Sykora introduced six photographs which were marked as County's
Composite Exhibit "A" and admitted into evidence. She stated a Lis Pendens was
filed against the property, but neither a bank, an attorney or a Registered Agent could
be located. She has been unable to locate a forwarding address for the owners.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and ordered to obtain a Collier County
Boarding Permit, submit a Property Maintenance Plan, and completely secure the
structure on or before September 28,2009, or afine of $100.00 per day will be
imposedfor each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondents were further ordered to obtain either a Collier County Building
Permit for the repair of the structure, or a Collier County Demolition Permit for the
removal of the structure, all required inspections, and a Certificate of Completion
on or before December 18, 2009, or a fine of $100.00 per day will be imposed for
each day the violation remains thereafter unless altered by a subsequent Stipulation
or Order of the Special Magistrate.
/fthe 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.
/fnecessary, assistance may be requestedfrom the Collier County Sheriff's Office
to enforce the provisions of the Order.
The Respondents were 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 October 18, 2009.
The Respondents are to notify Code Enforcement within 24 hours of abatement
of the violation and request the Investigator petform a site inspection to confirm
compliance.
Total Amount Due: $117.78
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
2. Case #CEPM 20090008057 - Bee vs. Guadalupe Peralez
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau.
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seliJ8,t09 B 1
The Respondent was not present.
Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI
Property Maintenance Code, Section 22-231, Subsections 121, 12K,
12C, 19
Fascia damaged, roof tiles missing, broken door with no lock, bee
infestation
Folio No: 36315120005
Violation address: 5084 23rd Court SW
The Notice of Hearing was posted at the property and the Courthouse on
September 8, 2009.
Supervisor Letourneau stated the violations have not been abated.
The County requested imposition of Operational Costs in the sum of $118.40, together
with fines in the amount of$8,750 for the period from April 14, 2009 through
September 18,2009 (35 days @ $250/day), for a total amount of$8,868.40.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines in
the total amount of $8,868.40 and noted the Fines will continue to accrue.
RECESS: 11:15 AM
RECONVENED: 11:32 AM
V. PUBLIC HEARINGS
B. Hearings:
4. Case #PU 4654 - CEEX 20090013132 - BCC vs. Santa Barbara Grd Villas.
LLC
The Hearing was requested by Collier County Public Utilities Enforcement
Investigator Jeremy Florin who was present.
The County was represented by Assistant County Attorney Jennifer Belpedio White.
The Respondent was represented by Attorney Jeffrey P. Shapiro.
Violations: Ord. 2005-44, Section(s) 9(4)
Petressible waste on ground consisting of, but not limited to, used
diapers, food, paint, motor oil not containerized in front of Building 201
Folio No: 00400200002
Violation address: 201 Santa Clara Drive, Naples
Attorney Shapiro stated the parties have been trying to reach a global resolution
concerning the Re-Hearing violation, the current violation, and three other violations
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September 18, 2009 C
which were adjudicated, He requested a postponement to October 16,2009 at which
time either a resolution will be presented or the case will proceed to trial.
Assistant County Attorney White noted the violations at the property have become
less frequent and less severe, She stated the County would not object to the granting
of a Continuance,
The Special Magistrate GRANTED the Respondent's Motion for a Continuance
and noted the case will be heard on October 16, 2009. No further notice will be
given.
The Special Magistrate asked Attorney Shapiro to contact Supervisor Waldron no
later than October 6, 2009 to advise if the case is be added to the October 16th Agenda
or continued to a later date.
Attorney Shapiro requested that a Court Interpreter be made available at the Hearing,
VII. OLD BUSINESS:
· Case #CO-00194 CEVFH 20080007574 - BCC vs. Clean Ride Limo, Inc.
· Case #CO-00192 CEVFH 20080007320 - BCC vs. Clean Ride Limo, Inc.
· Case #CO-00193 CEVFH 20080007285 - BCC vs. Clean Ride Limo, Inc.
· Case #CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo, Inc.
· Case #CO-00195 CEVFH 20080007692 - BCC vs. Bobby D. Calvert
· Case #CO-00196 CEVFH 20080007684 - BCC vs. Neil Walmsley
The Special Magistrate stated a Ruling had been made which was favorable to the County's
position, Copies of the Order will be mailed to the parties, together with information
concerning the Right to Request a Re-Hearing and the Right to Appeal.
VIII. CONSENT AGENDA:
A. Request to Forward Cases to County Attorney's Office as referenced in the
submitted Executive Summary.
None
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases
referenced in the submitted Execntive 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:
The Special Magistrate noted the first Traffic 1ntersection Safety Ordinance
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September 18, 2009
Hearing will be held on September 23, 2009 at 9:00 AM at the Collier County
Government Center, Administrative Building "F," 3rd Floor, 3301 E. Tamiami Trail,
Naples, Florida.
X. NEXT HEARING DATE - October 2, 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 11:44 AM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
~-S-Magistrate
The Minutes were approved by the Special Magistrate on O~~ J.., ~9
as presented , or as amended ~ '.
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