Backup Documents 03/10/2009 Item #16I
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BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 10,2009
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Animal Services Advisory Board:
Minutes of December 16, 2008.
2) Bavshore/Gatewav Triangle Local Redevelopment Advisory Board:
Minutes of December 2,2008; January 6, 2009.
3) Collier Countv Planning Commission:
Agenda of February 19,2009 REVISED.
4) Contractors Licensing Board:
Minutes of January 21,2009.
5) Countv Government Producihdtv Committee:
Agenda of August 27, 2008;,September 17,2008; October 15,2008;
November 19, 2008; December 17, 2008.
Minutes of August 27,2008; September 17,2008; October 15,2008;
November 19,2008; December 17, 2008.
A. Productivitv Committee/FMSAC Master Plan Review:
Minutes of Feb~ 19, !l008; August 28,2008.
B. Countv Core Function Studv Subcommittee:
Minutes of April 23, 2008; May 6, 2008.
C. Impact Fee Review Subcommittee:
Minutes of December 6,2007.
D. Alternative Policv Approaches for Impact Fees
Subcommittee:
Minutes of December 3,2008.
6) Development Services Advisory Committee:
Minutes of January 7, 2009.
7) Environmental Advisorv Council:
Minutes of December 3, 2008; January 7, 2009.
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8) Golden Gate Comrnunitv Center Advisory Committee:
Minutes of December I, 2008; January 5, 2009.
9) Golden Gate Estates Land Trust Committee:
Agenda of December 3,2008.
Minutes of December 3, 2008.
10) Historical! Archaeological Preservation Board:
Minutes of November 19,2008.
II) Immokalee Enterprise Zone Development Agency:
Agenda of January 26, 2009.
Minutes of December 17, 2008.
12) Immokalee Local Redevelopment Advisorv Board:
Agenda of January 26, 2009.
Minutes of December 17, 2008.
13) Immokalee Master Plan and Visioning Committee:
Agenda of January 26, 2009 w/CRA Committee.
Minutes of December 17, 2008 w/CRA Committee.
14) Pelican Bay Services Division Board:
A. Budget Committee:
Agenda of November 6, 2008.
Minutes of November 6, 2008.
B. Ordinance Review Committee:
Agenda of November 25, 2008.
Minutes of November 25, 2008.
15) Public Vehicle Advisory Committee:
Agenda of February 2, 2009.
16) Utility Authority (Water and Wastewater Authority):
Minutes of September 22, 2008.
Fiala
Halas
Henning
Coyle
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RECEIVED
IAN 2 6 2009
De!m~r L 18 A
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i-;oard 01 Counly Commissioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE
Naples, Florida, December 16, 2008
LET IT BE REMEMBERED, that the Collier County Domestic Animal
Services Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 6:30 PM in REGULAR
SESSION at Domestic Animal Services Training Room, Davis Blvd., East
Naples, Florida with the following members present:
CHAIRMAN: Michele Antonia
VICE CHAIRMAN: Marcia Breithaupt
Dr. Ruth Eisele
Sergeant David Estes (absent)
Tom Kepp, Jr.
Sabina Musci
Jim Rich
ALSO PRESENT: Amanda Townsend, Director- DAS
Nan Gerhardt, Shelter Operations Manager
Kathleen Drew, Volunteer Coordinator
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I. Call to Order
Chairman Michele Antonia called the meting to order at 6:30 PM.
II. Attendance
A quorum was established.
III. Approval of Agenda
Sabina Musci moved to approve the agenda. Second by Marcia Breithaupt.
Carried unanimously, 6-0.
IV. Approval of Minutes - November 18, 2008
Sabina Musci moved to approve the minutes of November 18, 2008 as presented.
Second by Jim Rich. Carried unanimously, 6-0.
V. Old Business:
A. Director's Report
Amanda Townsend announced:
. Hiring of two new Shelter Technicians
. Posting of one Veterinary Technician opening
· December 27th livestock auction at the Immokalee Shelter (a horse and a
goat)
Brief discussion on staffing and on particulars of the auction followed.
B. Departmental Statistics and Reports (Handouts- November 2008)
Amanda Townsend
. Reviewed the monthly reports, noting that intake was down
. Highlighted items on the newly initiated "Intake per Capita Report"
. Noted that volunteerism continued to grow
. General revenue was also up
Discussion revolved around the variables which may have contributed to the
more specific "Intake per Capita" report, namely:
. Results from stepped-up educational outreach
. More rescue groups getting involved
Ways to track which activities actually worked to provide long-range
measures of success was an area of concern that will continue to be looked
into.
Amanda Townsend announced that in January, an educational presentation
will be made at Manatee Middle School. A grant was received which
contained the provisions for an educational program on a topic selected by the
students. They had chosen animal experimentation and cruelty. The
presentation will provide DAS with an opportunity to strengthen their
educational program and target an important market in the community.
A program to become partners in education was discussed.
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December 16, 200S
Jim Rich inquired about filming the presentation to share with other schools
and on the Collier County web-site. Gulf Coast University and technology
persons in the Public Schools may have interest in the project.
VI. New Business
A. State-mandated Services (handout)
Amanda Townsend provided a follow-up to the question brought up at a
prior meeting as to which DAS activities are services allowed and those that
are State-mandated.
She mentioned a program being initiated through the County Manager's
Office called Expect Compliance at Every Level (EXCEL); a risk assessment
system that will look into analyzing core business processes to determine what
can go wrong and how to avoid it. DAS will be looking into three core areas:
Financial, Compliance and Service.
Questions in these areas were answered in the handout detailing Amanda's
inquiry and answers from Assistant County Attorney Colleen Greene
regarding DAS services.
Brief discussion on several State-mandated activities followed.
B. Reimbursement of Mileage Expenses (handout)
Amanda Townsend distributed the instruction sheet and form for Mileage
Reimbursement for those Advisory Board members traveling more than 20
miles to attend scheduled Advisory Board meetings. This Resolution (#2008-341)
was passed by the Board of County Commissioners on November 18,2008.
C. Howl-A-Day Jubilee Report (handout)
Amanda Townsend went over the categories on the report which included:
. Expenditures
. Revenue and Donations
. AdvertisinglSponsorships/In-Kind Donations
Total revenue for the event was $1,357.02, -less than last year.
Attendance was approximately 2,500.
Kathy Drew, who chaired the successful event, discussed various aspects of
the day. Five cats and thirteen dogs were adopted.
VII. Public Comments
Stephen Wright requested follow-up information for the University of Florida
Statistics from BEBR (Bureau of Economic and Business Research)
Anumda Townsend respondedfurther information can be found on their web-site at
www.Co/lierl!.ov.nct. under comprehensive planning or through the BEBR web site.
Dewey Perez, Collier County Animal League, questioned:
1. What methods were in place to assess temperament and behavior that would give a
"special needs" designation to dogs that may hinder adoptions.
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December 16, 200S
Amanda Townsend responded that assessment was based on any staff member's
observation.
Nan Gerhardt explainedfood aggression, dog aggression labels, medical waivers
and disclosure.
Dr. Eisele cited the dangers of food aggression and need for informed adoptions.
2. In what way could outside organizations assist DAS to push dog adoptions? He
cited PetS mart, who would love an opportunity to have dogs there to adopt.
Amanda Townsend responded that the education campaign was an area in which
outside organizations could be of more help than with outside adoptions.
Another area was Housing and Human Services - to aid elderly and homebound pet
owners with pet care. A match-up program was suggested.
Ben Rae asked about the hiring positions. He also asked how school presentations
come about and if there are difficulties getting them scheduled.
He also complemented Kathy Drew on her work with Howl-a-Day Jubilee,
Kathy Drew responded that letters are sent to teachers of both public and private
schools, grades 1 through 3. They have to fit the presentations in with their required
curriculum.
VIII. Advisory Board Member Comments
Sabina Musci noted that the 18 adoptions were more important than the amount of
money taken in at Howl-a-Day Jubilee.
Marcia Breithaupt suggested a short informative video on animal cruelty be put on
the county's web-site.
Tom Kepp asked that a discussion of breeder fees be put on the January or February
Agenda.
Jim Rice said he heard many comments at PetSmart praising the Howl-a-Day Jubilee
event.
Amanda Townsend noted the participation of Nan Gerhardt and Michele Antonia
who manned a booth at the "Christmas Around the World" event held in Imrnokalee.
Kathy Drew noted the upcoming event - "Smooch-a-Pooch, Kiss-a-Kitty"-on
February 14,2009 from 11 am to 3 pm at DAS. Shelter tours will be conducted.
Next meeting is scheduled for January 20, 2008 at 6:30 PM.
There being no further business for the good of the County, meeting was adjourned,
by order ofthe Chair at 7:44 PM.
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December 16, 200S
COLLIER COUNTY DOMESTIC ANIMAL SERVICES
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These minutes approved by the Board/Committee on .;2/ L 0) {! 7
as presented L//, or as amended . '
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16 I 1 A R~EIVED
THE BAYSHOREjGATEWAY TRIANGLE REDEVELOPMENT AGEffi&09 2009
COMMUNITY RE DEVELO PME NT AGE N ~OfCountyCOmmlasioners
4069 BAYSHQRE DRIVE, NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456
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BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD
MINUTES OF THE DECEMBER 2, 2008 MEETING
J
The meeting of the Bayshore Gateway Triangle Community Redevelopment Advisory Board was called
to order by Chairman Mr. Lindsey Thomas at 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore
Drive.
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1. Roll Call:Present: Advisory Board Members: Lindsey Thomas, Steve Main. Karen Beatty,
Maurice Gutierrez, Bill Neal, Jill Barry, Bruce Preble and Ron Fowle. Chuck Gunther arrived at
6:15pm.
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CRA Staff Present: David Jackson, Executive Director, Jean Jourdan, Project Manager, and Sue
Trone.
Countv Staff Present: Marjorie Student-Stirling, Assistant County Attorney and Michele Arnold,
Director, Alternative Modes Transportation.
2. Adoption of Aqenda- Chairman Thomas asked if there were any additions or corrections to the
agenda. Hearing none he asked for a motion to approve the agenda: Motion Mr. Preble. Second:
Mr. Main. Approved 8-0.
3. Adoption of Minutes- Chairman Thomas asked for a motion to approve the November 4 Regular
Meeting, and November 4,2008 Goals Workshop meeting minutes: Motion: Mr. Main. Second:
Mr. Preble. Approved 8-0.
4. Executive Director:
a. Presentation: Bavshore Public Art Research Group. Mr. Jackson introduced the
presenters: Victoria Nicklos, Sondra Quinn and Rochelle Doepke. The group briefed the
CRA-AB on the purpose of the fact finding Group created from a joint MSTU and CRA-
AB workshop. They also briefed the data they had gathered about adding
enhancements and features to the MSTU's FDOT Local Agency Program (LAP) grant for
landscaping and lighting improvements. There was a roundtable discussion about the
LAP project's timetable and what the FDOT funds could be used for as well as
discussion about other types of beautification projects that could be funded. Mr. Neal
asked for clarification on who were the participants in the research of which Mr. Thomas
informed Mr. Neal that this group originated out of a joint MSTU-CRA workshop that
specifically discussed the LAP project and other beautification ideas. Mr. Gutierrez
added that the group was supposed to be volunteers from the MSTU Committee, CRA-
AB Board, Bayshore Cultural Arts group and any citizen volunteers. Board consensus
was to have the fact-finding group return to the MSTU at its next meeting for more
precise direction on their task. Mr. Thomas thanked the group for their presentation and
asked them to return when more information is gathered.
December 2, 2008 CRA.AB Minutes
b. Proiect Updates: Mr. Jackson gave a very brief overview of the information contained in
the Board's agenda packages that covered: residential Infill RFP, CRA Plan RFP,
Brownfields Coalition, Shadowlawn Drainage Project, Moorhead Manor Drainage,
Crosswalks on Shadowlawn Drive and the expansion of the Gateway Triangle pond. Mr.
Jackson asked for CRA-AB approval to pay an invoice from Agnoli, Barber & Brundage
for services rendered under the Work Order for design improvements to Bayshore Drive
south of Thomasson Drive. The invoice was for $8,225.00 which will be paid by the
MSTU and the CRA is responsible for 50% ($4,112.50) which will be reimbursed to the
MSTU at the completion of the project. Motion to authOrize the M~J:1:l ~_ the Invoice
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and for the CRA to reimburse the MSTU $4,112.50 at completion of the project: Mr.
Main. Second: Mr. Preble. Approved 8-0.
5. Old Business:
a. CRA Catalvst Proiects Desiqn Concepts. Mr. Jackson stated that the CRA-AB received
three quotes for the design work; however the responses were not similar. Therefore he
asked for a motion to table the Board action, authorize a second request for quotes with
a better defined scope of work and return at the Board's next meeting. Motion to
approve: Mr. Fowle. Second: Ms. Barry. Approved 9-0.
6. New Business:
a. Site Improvement Grant Application. Ms Trone briefed the Board on the application
received from the Salvation Army to repair their Davis Blvd building roof and replace the
existing mailbox on Davis Blvd. The new roof and mail box cost is $97,210.88 which
qualifies for a CRA grant in the amount of $8,000. Motion to approve: Mr. Gunther.
Second: Mr. Main. In discussion, Mr. Main asked if there was actually a larger
commercial grant amount available. Mr. Jackson responded that since the Salvation
Army was a non-profit and did not pay property tax that went into the CRA TIF. they
were only eligible for the SIG and not the commercial property grant. Approved 9-0.
b. Bavshore Drive Neiqhborhood Drainaqe Study. Mr. Jackson asked the Board to
consider a Work Order Modification in the amount of $31,000 to the approved Q. Grady
Minor agreement. The original agreement for $54,400 is to perform Shadowlawn Drive
residential drainage study to determine methods and programs to improve the area's
drainage. The Work Order Modification will be a cost savings by directing the aerial
photograph portion of the work to fly south of US41 down to Holly Avenue while
airborne. The savings by flying the area now would be in the amount of $8,000 over the
cost to fly it at a later date. There was discussion on the purpose and usefulness of
collecting data south of US41. Mr. Jackson explained that the CRA has plans to address
drainage at some time in the future and the $8,000 could be saved now, and the data
collected would not change in the foreseeable future. Mr. Jackson also stated that a
MSTU Board member was interested in the data being used in the Bayshore Drive
(south) design study and that the MSTU may agree to pay 50% of the cost ($15,500)
since the information would be used by the road project. The MSTU has not discussed
the topic and will not meet until December 10, 2008. If the CRA-AB would approve the
Modification now and ask the MSTU to reimburse the CRA, the flight could be scheduled
now while the weather was favorable. Motion to approve the Modification, have the CRA
fund the work and request the MSTU fund 50% of the cost, $15,500, and reimburse the
CRA: Mr. Gutierrez. Second: Mr. Gunther. In discussion, Mr. Main stated that this aerial
data collected to study drainage would also be very valuable to the Haldeman Creek
MSTU to help them determine where areas are draining into the Creek and bringing in
silt that would have to dredges later. Approved 9-0.
c. Purchase of Real Property in Mini-Trianqle. Mr. Jackson presented set of graphics
describing the properties for sale in the mini triangle and offered to the CRA. The old
Burger King was recently appraised for the CRA at $2.5M and $2.55M. The owner's
attorney stated that the owner would review on offer to purchase. The assembled 6.29
acres in the middle of the mini-triangle has not been appraised by the CRA; however it
was appraised for the owner in March 2008 at a value of $9.8M. The owner has offered
it to the CRA at $7.5M plus CRA-paid document stamps and 2008 properly taxes for a
total of $7.6M. This owner has had two offers from separate parties to purchase two
smaller parcels in the middle of his assemblage. If these lots are sold, the likelihood of a
future assembly of all 14 acres would be nil. The CRA has the opportunity to purchase
both properties, provided the CRA acquires another debt instrument, of which the staff
has been authorized to request quotes for up to $20M. Motion by Mr. Thomas to
commission two appraisals for the 6.29 acre property and to recommend to the CRA
December 2 2008 eRA-AS Minutes
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Board to enter into a contract for the assembled 6.29 acre parcel and enter into a
contract for the old Burger King, pending the successful receipt of a new bank loan.
Second: Ms. Barry. in discussion the CRA-AB agreed that if the CRA did not acquire
these parcels. then the mini-triangle catalyst project would not happen. Mr. Thomas
stated that the mini-triangle is very important to the future growth of the rest of the
Gateway Triangle, and successful redevelopment of this site would increase the tax
base, create jobs and bring new businesses to the area. Approved 9-0.
d. Cultural Art District Consultant RFP. Mr. Jackson presented a proposed RFP scope of
work to advertise for a professional consultant to guide the CRA through the
development of a cultural district. Ms Trone added that the City of Lake Worth on
Florida's east coast has advertised a similar RFP for a consultant to develop a similar
concept. Motion to advertise the RFP and return to the CRA-AB with the responding
proposals: Mr. Gunther. Second Mr. Gutierrez. Approved 9-0.
e. CRA Sponsored EntertainmenUMusic Festival. Ms Beatty asked the CRA-AB to
conceptual approve the staff to investigate the creation of a music entertainment festival
in the Bayshore area. She acknowledged that other CRAs in Florida conduct festivals
and events, and that this CRA shouid too. Also she knew that it would take a year to
properly plan the event, and Ms Garcia and Ms Jourdan have already coordinated with
the County's events coordinator. Motion to proceed by Mr. Main. Second: Ms. Beatty.
Approved 9-0.
f. Election of Advisorv Board Officers for 2009. Mr. Thomas stated that the Advisory Board
officer positions are 12 month positions and new officers are elected by the Board in
December to serve January through December. He asked if there were any nominations
from the fioor. Motion by Mr. Fowle to nominate Mr. Thomas as Chairman for
2009.Second: Ms. Barry. Approved 9-0. Motion by Mr. Main to nominate Ms. Barry for
Vice Chair for 2009. Second: Mr. Gutierrez. Approved 9-0.
7. Citizen Comments. Mr. Jackson stated that there was one public speaker signed up: Mr. Phil
Litow on Danford Street. Mr. Litow described the events taking place on Danford and Bay
Streets, where the County is purchasing residentiai lots and petitioning the BCC to rezone them
as public use parking lots for boat traiier parking for Bayview Park. He asked for CRA-AS
support to stop the rezone as he and his neighbors felt it would ruin the residential nature of the
neighborhood. Mr. Main stated that the CRA-AS probably did not have large stake in the
argument and agreed that there might not be such a need as stated by the county. He felt that
there very well couid be alternative solutions that the county has ignored or discounted. Mr.
Jackson stated that the residents would have to win their arguments with the Planning
Commission, because if they approve it, then the SCC usually supports their recommendation.
Mr. Litow thanked the Board for the opportunity to speak and again asked for any kind of support
possible. Mr. Thomas thanked Mr. Litow and asked if there were any comments from the public
in the audience. There were none.
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ed an7Yd by Lindsey Thomas, CRA-AS Chairman.
December 2 2008 eRA-AS Minutes
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THE BAYSHORE/GATEWAV TRIANGL!R~rJL~PMEZR~C~IYED V
COMMUNITY REDEVELOPMENT AGENF~~O 9 2009
4069 BAYSlIQRE DRIVE NAPLES, Fe 34112 PHONE 239.643.1115 FAX 239.77~MmCountycommlaSkH1l1S
BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD
MINUTES OF THE JANUARY 6, 2009 MEETING
The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called
to order by Chairman Mr. Lindsey Thomas at 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore
Drive.
1. Roll Call: Present: Advisory Board Members: Lindsey Thomas, Chuck Gunther. Steve Main, Bill
Neal. Ron Fowle, Karen Beatty, Maurice Gutierrez. Jill Barry, and Bruce Preble.
CRA Staff Present: David Jackson. Executive Director, Jean Jourdan Project Manager and Sue
Trone Operations Analyst, Shirley Garcia Operations Coordinator.
County Staff Present: Marjorie Student-Stirling, Assistant County Attorney.
2. Adoption of Aqenda: Chairman Thomas asked if there were any additions or corrections to the
published agenda. Mr. Jackson asked that the modified agenda be accepted adding the
following items that had been coordinated since the agenda was publicized: "Presentation by Pat
Utter, Collier Enterprises" and "Contractor Approval for Catalyst Projects Design Concepts". He
asked for a motion to approve the agenda as modified: Motion: Ms Barry. Second: Mr. Gunther.
Approved 8-0 - Mr. Preble absent.
3. Adoption of Minutes: Chairman Thomas asked for a motion to approve the December 2, 2008
regular meeting minutes: Motion: Ms Beatty. Second: Mr. Main. Approved 8-0 - Mr. Preble
absent.
4. Executive Director's Report:
a. Presentation: Sable Bay Development. Mr. Jackson introduced Mr. Pat Utter of Collier
Enterprises to give the Board an update on the Sable Bay residential project. Mr. Utter
described the PUD (Planned Unit Development) project as permitted by the WCI
Corporation for 1659 residential units. The development was down-sized from a DRI
(Development of Regional Impact) to a PUD. When WCI got into financial trouble. Collier
Enterprises got the site back. It includes 1,200 acres of preserves to be deeded to
Rookery Bay and 800 acres of development. The PUD currently includes a golf course
and five (5) towers 110 feet tall located deep within the project site. Recently Collier
Enterprises reconstructed the Lely Canal in cooperation with the County and it includes
a large spreader lake to help with water quality. Mr. Utter described the main entrance
off US41 and also an entrance off the new section of Thomasson Drive next to the
Public Shopping Complex. He showed a separate development section near Hamilton
Harbor Marina and that there would be some sort of connector road to it through a
section of land behind Woodside Avenue (in the CRA area). He did not expect too much
traffic to be using the Bayshore Drive portion south of Thomasson Drive. The project will
not be started for at least three (3) years and very well might be redesigned, as golf
course communities are not in high demand in the County any more. Mr. Thomas
thanked Mr. Utter for his presentation and asked that he keep the CRA-AB informed of
progress.
b. Proiect Updates. Mr. Jackson reminded the CRA-AB of the January 161h joint workshop
with the CRA Commissioners and two other public meetings on January 22nd for the
Bayshore Drive (south) design review and January 291h for a public meeting to re-visit
the proposed design of a Triangle Pond Pathway. The Board was informed that there
was a lack of responses by the banking community to the CRA's RFP for a fixed-term
loan. The CRA-AB agreed for the Chairman to work with Mr. Jackson to determine the
CRA's best options to move forward with acquiring another dEM\st!'i.tamt!l$e. Also
mentioned was a proposal to bring a Montessori School to the area. Mr. Jackson asked
oate:_.-.------
January 6 2009 CRA~AB Minutes
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if the Board support the school if the proposer COUI!9~h! cO~iti!!1 US2ning
required for the school. Consensus of the Board was that the school would be an asset.
5. Old Business:
a. Request for Pavment - Johnson Enqineerinq. Inc. Mr. Jackson stated that he received
an invoice from Johnson Engineering for services rendered under the Work Order to
design the Triangle Pathway in the amount of $4,960.00 and asked for CRA-AB
approval to pay. Motion to pay Johnson Engineering $4,960 for services rendered: Mr.
Gunther. Second: Mr. Preble. Approved 9-0.
b. Request for Pavment - Q. Gradv Minor & Associates PA. Mr. Jackson stated that he
received an invoice from Q. Grady Minor & Associates PA for services rendered under
the Work Order to survey the Shadow lawn Residential area for future drainage
improvement design in the amount of $5,190.00 and asked for CRA-AB approval to pay.
Motion to pay Q. Grady Minor & Associates PA $5,190 for services rendered: Mr.
Gunther. Second: Mr. Gutierrez. Approved 9-0.
c. Catalvst Proiects Desiqn Concept - Approve Contractor. Mr. Jackson asked the CRA-
AB to review the spreadsheet showing the quotes for design services from three
companies: RWA, PK Studios and Q. Grady Minor. The quotes were for two designs:
one for the CRA's 18 acre site and the 14 acre mini-triangle site. Mr. Jackson stated that
the quotes were all comparable and the lowest quote meeting specifications for both
sites was RWA at a total of $14,900 ($13,900 fee plus $1,000 reimbursable costs).
Motion to approve RWA to develop the site conceptual designs: Mr. Neal. Second: Mr.
Preble. In discussion, Mr. Oakley (audience) suggested that PK Studios would be a
better choice. Mr. Fowle asked what work RWA has done in Collier County? Mr. Dwight
Nadeau of RWA cited several projects that the firm has worked on. Mr. Kaye (audience)
stated that he knew of RWA and felt they would do well with this project. Approved 9-0.
d. Residential Infill RFP - Bid Reiection. Mr. Jackson presented a short timeline of the
process of the CRA's RFP to locate a development team to design, construct and
market four residential homes on Van Buren Avenue on CRA'S-owned land. He stated
that during the negotiation period. it has been very difficult to get the single proposer
(Kaye Homes) to meet the desired goals and product the staff was looking for. Also,
since the RFP was advertised. the financial market has crashed. and the residential
market has continued its downward spiral. Mr. Jackson strongly recommended the
Advisory Board recommend to the CRA Board - rejection of the sole respondent to the
RFP and re-advertise at a later date when both markets, financial and housing
stabilizes. He felt that the CRA did not get competitive quotes with only one respondent
and that since Kaye Homes has made their offer. construction prices have continued to
decrease, thus if the CRA re-bid the project. the chances were very good that the offers
would be lower and more competitive. Mr. Thomas asked Mr. Kaye if he would like to
comment. Mr. Kaye said he would and gave a 15 minute presentation with a supporting
handout that he used to state his case. His statements included a timeline of the RFP
process and data of residential sales throughout Collier County. Mr. Neal stated that if
there was more information that needed to be discussed, that the Advisory Board
meeting was not the time or place for it to occur and that this topic really should be
discussed outside the CRA-AB meeting. Mr. Preble thought the topic should be tabled
for three months and let staff work with Kaye Homes and also see what the residential
market was doing then. Mr. Thomas thought that three months was too long to have
Kaye Homes waiting, and that 30 days was more appropriate. Ms Beatty agreed that 30
days should be adequate. Mr. Goodman (audience) stated that he was at the meeting at
Mr. Kaye's request and that Mr. Kaye was a good builder and that he should be allowed
to build. Mr. Edson (audience) stated that the CRA needs more than new houses. it
needs jobs so people can buy the houses. He felt that the time was not right to build at
this time and that this would not be the best use of taxpayer's money. Motion to table the
topic until February: Mr. Neal. Second: Mr. Main. Approved 9-0.
January 6 2009 CRA.AB Minutes 2
6. New Business: 1 :>
a. Sweat Equitv Grant Approval. Ms. Trone presented on~ g~nt !PPlicatio~or M~usan
Spry in the amount of $837.32 to make improvements to 3180 Caledonia Avenue
consisting of painting the house, installing a light fixture and replacing a porch screen.
Motion to approve: Mr. Gunther. Second: Mr. Main. Approved 9-0.
7. Citizen Comments. Mr. Thomas asked if there were any comments from the audience. There
were none.
8.
s adjourned at 7:22 pm.
oed by Lindsey Thomas. CRA-AB Chairman.
January 6 2009 eRA-AS Minutes
3
Fiala
Halas
Henning
Coyle
Coletta ~/
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 19,2009, IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING. COUNTY
GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
RECEIVED
FEB 1 B 2009
1'"1 A
3
Board of County commi55ionars
AGENDA
Re,.jscd
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10
MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM
OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE.
WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL
BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF
SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN
PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF
THE RECORD AND WILL BE A V AILABLE FOR PRESENT A TION TO THE BOARD
OF COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
L PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - JANUARY 15,2009. REGULAR MEETING; JANUARY 16. GMP MEETING;
JANUARY 20, GMP MEETING
6. BCC REPORT- RECAPS JANUARY 13.2009. REGULAR MEETING; JANUARY 27, 2009, REGULAR MEETING
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. Petition: SV-2008-AR-13618, CHM Naples Hotel Partners, LLC, is requesting three sign variances to
allow two wall signs for Spring Hill Suites, and one directional monument sign to serve as both an 00-
premises sign for Spring Hill Suites and an off-premises sign for Fairfield Inn. The first variance is from
Section 5.06.04.CA. of the Land Development Code (LDC), which requires that one wall sign shall be
permitted for each single-occupancy parcel, to allow two wall signs. The second variance is from Section
5.06.04.C. ] 6.b.i. of the LDC, which allows a maximum sign area of 12 square feet for an off-premise
directional sign, to allow a 35.5:1:: square foot off-premise sign. The third variance is from Section
5.06.04.C. I 6.b.ii. of the LDC, which allows a maximum sign height of 8 feet above the lowest center grade of
the arterial roadway for an off-premise directional sign, to allow a maximum sign height of 12 feet. The
subject property is located at 3798 White Lake Boulevard, in Section 35, Township 49 South. Range 26
East, Collier County. Florida. (Coordinator: Nancy Gundlach. AICP) Misc. cones:
Date Db lO DC]
item# l 1-L l A3
1
16 11 A 3
9. ADVERTISED PUBLIC HEARINGS
A. Petition: PUDZ-2007-AR-12097, The Covenant Presbyterian Church of Naples, Inc. and Florida
Community Bank, NA, represented by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich &
Koester, P.A., are requesting a rezone !Tom the Residential Single-family (RSF-I) Zoning District to the
Community Facilities Planned Unit Development (CFPUD) Zoning District for a project to be known as
Heavenly C.....PUD, which would memorialize the existing church uses and would permit redevelopment
consistent with a master site plan to a maximum of 80,000 square feet of house of worship including children
and adult day cares, a Pre-K through yd grade school, and various accessory uses for Tract A; and an
additional 20,000 square feet of house of worship including children and adult day cares, Pre-K through 3"
grade school and accessory uses for Tract B. The 15.93-acre subject property is located at 6926 Trail
Boulevard, and comprises the entire block bounded by Ridge Drive, West Street, Myrtle Road and Trail
Boulevard in Section 3, Township 49 South, Range 25 East of Collier County, Florida. (Coordinator: John-
David Moss, AICP) CONTINUED FROM 1/15/09
B. Petition: SV-2008-AR-13664, Port of the Islands Community Improvement District, represented by
Robert L. Duane, AICP, of Hole Montes, Inc., is requesting three (3) Sign Variances. The first variance is
!Tom Land Development Code (LDC) Subsection 5.06.04 C.16.b.i. which allows a maximum sign area of 12
square feet for an off-premise directional sign to allow a 32 :i square foot off-premise sign. The second
variance is from LDC Subsection 5.06.04 CI6.b.v. which requires a sign to be located within 1,000 lineal
feet of the intersection of the road serving the use to allow greater distances of up to 6,000 lineal feet for up to
]0 uses. The third sign variance is from LDe Subsection 5.06.04 C.16.c which requires a sign to be located
no closer than 50 feet from a residentially zoned district to allow a lesser distance of 23 feet. The subject
property is located on the north side of U.S. 41 in Section 9, Township 52 South, Range 28 East, Collier
County, Florida. (Coordinator: Nancy Gundlach, AICP)
C. Petition: SV,2008-AR-13665, Port of the Islands Community Improvement District, represented by
Robert L. Duane, AICP, of Hole Montes, Inc. is requesting a Sign Variance from LDC Subsection 5.06.04
C.16.b.i. which allows a maximum sign area of 12 square feet to allow a 64-square foot off-premise sign at
the Port of the Islands. The subject property is located in the Port of the Islands at the intersection of
Tamiami Trail East (U.S. 4\) and Newport Drive in Section 9, Township 52 South, Range 28 East, Collier
County, Florida. (Coordinator: Nancy Gundlach, AICP)
D. Petition: SV-2008-AR:13960, Port of the Islands Community Improvement District, represented by
Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a Sign Variance from LDC Subsection 5.06.04
C.16.b.i., which allows a maximum sign area of]2 square feet, to allow an 18-square foot off-premise sign at
the Port of the Islands in the median of Cay's Drive (south of U. S. 41) 18 S.F. in area with sign copy and
logo designation the Port of the Islands Cay's Drive. The subject property is located in the Port of the Islands
at the intersection of Tamiami Trail East (U. S. 41) and Cay's Drive in Section 9, Township 52 South,
Range 28 East, Co]lier County, Florida. (Coordinator: Nancy Gundlach, AICP)
E. Petition: CU-2008-AR-13661, Center Point Community Church, represented by Matthew McLean, P.E., of
Agnoti, Barber and Brundage and Doug Lewis, Esq., of Roctzel and Andress, is requesting a Conditional
Use in the Estates (E) Zoning District for a church, as specified in Section 2.03.0I.B.l.c.1 of the Collier
County Land Development Code (LDC). The 4.58-acre subject property is located at 6590 Golden Gate
Parkway, in Section 30, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: John-
David Moss, AICP)
F. Petition: ST-2008-AR-13958, North Naples Fire Control District is requesting a Special Treatment (ST)
Permit to impact ST area 13F in order to develop the site for a fire station. The subject property is located
on east side of Livingston Road, approximately 1.5 miles north of the intersection of Immokalee Road
and Livingston Road and approximately .75 miles south of the intersection of Livingston Road and
Veteran's Memorial Boulevard, located in Section13, Township 48 South, Range 25 East, Collier County,
Florida. (Coordinator: Summer Araque, Engineering and Environmental Services Department)
2
16/1
A
3
10. OLD BUSINESS
A. LDC Sign Code revisions as part of the settlement agreement for Bonita Media Enters., LLe v. Collier
County Enforcement Board. An 8-) 0 minute PowerPoint presentation to review salient points of revisions
and answer any questions that Commissioners may have. In addition, copies of the final draft (comprised of
minor modifications) will be provided for the CCPC to review prior to the LDC Sign Code Revisions Public
Hearing on Monday, March 2. 2009.
II. NEW BUSINESS
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
2/19/09 cepe Agcnda/RB/sp
3
t!'. '..,.
16(1 A 4~
January 21,2009
TRANSCRIPT OF THE MEETING OF THE
RECENEDCONTRACTORS' LICENSING BOPiMED ~ 4-
fEB 182009 OF COLLIER COUNTY ~:~~ng
Board ofCounl'l GommisSiOtlelS Naples, Florida Coyle
January 21, 2009 Coletta ~r- '
LET IT BE REMEMBERED, that the Contractor Licensing
Board, in and for the County of Collier, having conducted business
herein, met on this date at 9:00 a.m. in REGULAR SESSION in
Building "F" of the Government Complex, East Naples, Florida, with
the following members present:
CHAIRMAN: Les Dickson
Richard Joslin
Eric Guite'
Lee Horn (Absent)
Terry Jerulle
Thomas Lykos (Absent)
Michael Boyd
Glenn Herriman (Absent)
ALSO PRESENT:
Patrick Neale, Attorney for the Board
Robert Zachary, Assistant County Attorney
Michael Ossorio, Contractor Licensing Superviso:tl1lsc COffes
Date t3 lO b3'
!tem#.UD IL l
Page 1
~
~opies to
16.J 1 Ii h
January 21,2009
CHAIRMAN JOSLIN: I'd like to call to order the Contractor--
Collier County Contractor Licensing Board meeting on January 21st,
2009.
Any persons 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 this proceedings is made,
which record includes that testimony and evidence upon which the
appeal is to be based.
I'd like to open the meeting by starting with roll call starting to
my right.
MR. JERULLE: Terry Jerulle.
MR. DICKSON: Les Dickson.
CHAIRMAN JOSLIN: Richard Joslin.
MR. BOYD: Mike Boyd.
MR. GUITE': Eric Guite'.
CHAIRMAN JOSLIN: Staff have any additions or deletions to
the agenda?
MR. JACKSON: Good morning. For the record, Ian Jackson,
License Compliance Officer for Collier County.
Under discussion, there will be a deletion of Tom Warren from
-- regarding the Prometric agreement.
And under new business, an addition of Carlos Meran for a
review of experience affidavits, of which I've passed out the
application to you. If the board is so inclined to make the change.
And that's all staff has.
CHAIRMAN JOSLIN: What was Prometric for? For what
agreement?
MR. JACKSON: They're the testing company. And the name -- I
believe they were to be here because the name of the company had
changed.
CHAIRMAN JOSLIN: I see. Okay.
MR. OSSORIO: Mr. Chairman, for the record, Mike Ossorio,
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Jaml1rry 21, 2009
Contractor Licensing Supervisor.
Years ago it used to be Experior Testing, Block and Associate,
and then it became Thompson Prometric. And then Thompson, they
split. Now it's called Prometric.
And I got to talking to the managing individual down there -- up
there in Baltimore. And he wanted to address the board and tell where
licensing is and how it's working and sign an agreement to extend --
keep doing the Prometric testing. Because they have actually sold. But
I'll keep you informed with that.
CHAIRMAN JOSLIN: Okay. Could you do one other item for
me and find out what type of languages that he gives his testing in?
MR. OSSORIO: Prometric is a nationwide company. It's only in
English.
CHAIRMAN JOSLIN: Only in English.
MR. OSSORIO: Only in English.
There is a company called Gainesville Independent, which we
use.
CHAIRMAN JOSLIN: Right.
MR. OSSORIO: It's a State of Florida company. And they are--
they have multiple ones: English, Spanish, German. They have a
variety of different ones.
CHAIRMAN JOSLIN: Okay. With that said, I need approval for
the changes to the agenda.
MR. DICKSON: Dickson, so moved.
MR. GUITE': Guite', second.
CHAIRMAN JOSLIN: Moved and seconded.
All in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
Page 3
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January 21, 2009
CHAIRMAN JOSLIN: Okay, I need an approval of the minutes
for the December 17th, '08 meeting of last year.
Just one change that I see before we make an approval here is
that on the front page, cover page, it's got Michael Ossorio listed as
the zoning and land development review, which I think that might be a
good place to put him to, but we'll keep him in licensing for a while.
MR. DICKSON: Dickson, I'll move to approve them as
amended.
MR. JERULLE: Jerulle, second.
MR. BOYD: Second, Boyd.
CHAIRMAN JOSLIN: Moved and seconded.
All in favor, signify by saying aye.
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
CHAIRMAN JOSLIN: So moved.
Okay, first order of business. Is there a Charles R. McDermott
here?
(No response.)
CHAIRMAN JOSLIN: No.
MR. DICKSON: That was easy.
CHAIRMAN JOSLIN: Okay, we'll put him on the bottom of the
page for the moment, see if he comes in late. Maybe the parking -- by
the way, one quick little comment here. This morning -- we've always
-- the board members have always had a place to park basically in the
advisory committee sections.
This morning when I got here there was cones in front of all of
the parking places, which I didn't want to park in somewhere I wasn't
supposed to, so I didn't move the cones.
According to security, that's what they're doing now. The
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January 21, 2009
advisory members are allowed to move those cones and park into a
spot and put the cone back when you're done. Because they are
finding people are parking in the wrong places and wrong cars are
parking there, and then consequently they don't have enough parking
for everyone. Just so that we're aware.
Okay, is there a Shelli A. Mehri available? Would you please
come to the podium, please, and be sworn in.
MS. MEHRI: Good morning.
(Speaker was duly sworn.)
CHAIRMAN JOSLIN: Is that how you say your name, Mehri?
MS. MEHRI: Uh-huh. Thank you.
CHAIRMAN JOSLIN: Ms. Mehri, it appears that you've applied
for a license here?
MS. MEHRI: I've had my license from earlier and I was wanting
to reinstate my license. Due to the horrific credit report I have, I'm
requesting that I am permitted some time to -- I'm working with
Trinity Credit to bring that into a better light.
CHAIRMAN JOSLIN: You say you've been in business here
before?
MS. MEHRI: Yes.
MR. OSSORIO: Mr. Chairman, just to give you a quick
background.
Under of the renewal process, you have -- we renew everyone's
license September. From September, October, November, December
you're considered delinquent. January through January of the next
year you are suspended. Come January 1st the following year you're
null and void.
Unfortunately her case is that she did not renew when she was
delinquent. She went suspended. And when you get suspended, the
code explicitly says you have to fill out the application again. And
you're going to have to take some testing if you require testing. And
also if -- you need a credit report.
Page 5
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January 21,2009
And unfortunately within her past year, this lady's had some
issues with some credit, and I forwarded it to the licensing board.
I have no objection of her getting her license back, and with
some monitoring, if that's the desire ofthe licensing board.
CHAIRMAN JOSLIN: Could you just maybe expand a little bit
what happened?
MS. MEHRI: I wrote you this nice little letter. It's rather
embarrassing.
I had left -- not left. I'm a faux finisher is pretty much -- I need
my painting contractor's license for my base coats only. I do want to
do that the legal way. I don't want to sneak behind anybody's back.
During the past two last years my husband got in some trouble.
We have six children. He was taken from me for several months. My
mother died and I ran the family. I made choices. We had several
people that almost died. My children were very ill. And my credit
reflects choices -- it doesn't show what I paid. And I'm sorry, my
girlfriend's having surgery right now and I need to get to the hospital.
But the thing is that it's just my clients never had an issue with
me. I'm very good at what I do. I'm an artist. But I do want to be legal.
I want to be legal.
And so over the next six months I'm sure that I can pay these
phone bills. And I did lose my house and I did get my house back. I
did turn my car in and got something cheaper. But it's just life.
CHAIRMAN JOSLIN: Okay, that's enough.
MS. MEHRI: Thank you.
MR. OSSORIO: The sad thing about it is, Mr. Joslin, if she did
renew in the suspension period -- I mean in the delinquent period, we
wouldn't have had to pull her credit and there wouldn't have been an
issue. So -- and that's what happened.
CHAIRMAN JOSLIN: Yeah. Pleasure of the board?
MR. OSSORIO: We have no complaints on her in the past
history .
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Januat}l' 21, 20~
MR. DICKSON: What type of painting is she doing?
MR. NEALE: Faux finishing.
MR. OSSORIO: Well, she has a painting license. But when
you're a faux finisher, typically you have a business tax license and it's
no construction required or no certificate.
But to be a faux finisher, sometimes they go in and they contract
for the whole job, to do the base coat, to use a roller. And if you're
going to use a roller, if youtre going to be doing a base coat, then you
have to be a licensed painter.
Some faux finishers don't even want to deal with that. Some faux
finishers like to do the base coat. This lady likes to do the base coat, so
she needs to be a painter.
CHAIRMAN JOSLIN: I wouldn't probably have a problem with
allowing this lady to have a license back. I think probably it would be
-- and since you've done it before, maybe to put her on six months
probation, or six months review of the credit just to make sure that she
is trying to pay these off.
MS. MEHRI: Definitely.
CHAIRMAN JOSLIN: Would there be a question about that?
I understand that you're going through some hardships, so --
MS. MEHRI: Just today's a rough day, so today I really need to
CHAIRMAN JOSLIN: Sounds like it's been quite a rough year.
MS. MEHRI: Yeah. But I appreciate the fact that I got to come
first so I can make it to the hospital. So thank you.
CHAIRMAN JOSLIN: I'll put that into the form of a motion,
that we approve the ability for her to have a license. And she is to
report to staff in a six-month period with her credit report, showing
that she's paying off some of these debts that she has now.
MR. DICKSON: Dickson, I'll second.
CHAIRMAN JOSLIN: We got a motion and a second. All in
favor, signify by saying aye.
Page 7
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January 21, 2009
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
CHAIRMAN JOSLIN: All.
MS. MEHRI: Thank you.
May I leave?
CHAIRMAN JOSLIN: You can go, yes.
Next we have a Mr. John Tangorra. Are you present, please?
MR. TANGORRA: Yes.
CHAIRMAN JOSLIN: Would you come to the podium, be
sworn in, please.
(Speaker was duly sworn.)
CHAIRMAN JOSLIN: Mr. Tangorra, you are here today to
qualify a second entity.
MR. TANGORRA: Yes.
CHAIRMAN JOSLIN: Would you mind reflecting on that and
tell us what you're trying to qualify?
MR. TANGORRA: The person that I'm qualifying is recently
divorced, and his wife was a qualifier for his company. And he's also
an installer for my company. And while being very good at what he
does, he doesn't seem to think he can -- he's going to be able to pass
the test on his own. Hets an Italian immigrant. Been in this country a
long time, but he just needs a little help.
He's very responsible. Insurances and everything he needs is
always current. He also does work for Home Depot Expo.
And as far as the settlement, he has to qualify his own company.
He has a period of time in order to get that done, and so I offered to do
it for him. Very good man, good friend.
CHAIRMAN JOSLIN: This is a license for wood flooring, is
that the case?
Page 8
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January 21,2009
MR. TANGORRA: Yes.
CHAIRMAN JOSLIN: He installs wood flooring in homes and
MR. T ANGORRA: Uh-huh.
MR. DICKSON: You mentioned as part ofa settlement. What
settlement?
MR. T ANGORRA: Or not a settlement. Their divorce
agreement. She -- his ex-wife is the qualifier of his company.
MR. DICKSON: Of the divorce, okay, I'm with you.
CHAIRMAN JOSLIN: In your packet you've also listed here
that this gentleman that you -- Claudio is his name, I guess?
MR. T ANGORRA: Claudio, yes.
CHAIRMAN JOSLIN: He's an Italian immigrant, I guess doesn't
speak a lot of English.
MR. TANGORRA: He speaks pretty good. Spanglish.
CHAIRMAN JOSLIN: Then what is the reason why he can't
take the test himself?
MR. T ANGORRA: He has a problem processing English to
Italian if he's trying to read something and figure it out.
CHAIRMAN JOSLIN: How long have you been in business?
MR. T ANGORRA: About 10, 11 years.
CHAIRMAN JOSLIN: Any other comments from the board?
MR. DICKSON: Everything's in order.
I move to approve.
MR. JERULLE: Jerulle, second.
CHAIRMAN JOSLIN: Motion and second to approve.
All in favor, say aye.
MR. GUITE': Aye.
MR. BOYD: Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
Page 9
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January 21, 2009
CHAIRMAN JOSLIN: It's approved.
MR. T ANGORRA: Thank you.
CHAIRMAN JOSLIN: You're welcome.
MR. NEALE: Mr. Joslin?
CHAIRMAN JOSLIN: Yes, sir.
MR. NEALE: When you call the question, if you could, even
though it is a unanimous vote, say all in favor, and then also any
opposed or -- I think just so we get it both on the record.
CHAIRMAN JOSLIN: I'm sorry. Okay.
Moving right along. This is a good one. Olga Kolesnikova.
MR. DICKSON: That was pretty good.
CHAIRMAN JOSLIN: Is that close?
(Speaker was duly sworn.)
CHAIRMAN JOSLIN: Did I kill your name too bad, Ms. Olga?
MS. KOLESNIKOV A: Well, you just -- it's all right.
So short story --
THE COURT REPORTER: Excuse me, I need you on the
microphone.
MS. KOLESNIKOV A: So short story --
CHAIRMAN JOSLIN: Ms. Olga, we're going to have to take
this and put it into evidence I think --
MS. KOLESNIKOV A: Okay.
CHAIRMAN JOSLIN: -- before it's submitted.
MS. KOLESNIKOV A: Short story. I'm Russian. A long time
our company was working without any advertising --
CHAIRMAN JOSLIN: One second.
If you could get just a little closer to the microphone so we can
understand you, and speak a little slower.
MS. KOLESNIKOV A: Okay. Long time I used to work without
paying advertising, referrals only. And we ran out of work quick a
year ago. So it was time to get license.
The same situation like previous person. I didn't go to school to
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JiJuary21,2009
study English. So basically most difficult part for me, to pass the
exam.
When I finally pass exam for painting, I thought that's it, no
more. Contractors come for me.
So when I apply for license, there is still lines, what did you do
last 10 years. I didn't throw (sic) what I did all those 10 years.
So I got the license with -- start advertising. Nothing happened.
No business. Nobody calls. Calls just from unemployed painters
mostly, or something small like 300. Baseboard painting, something.
You know, we have to make a living. So next idea was to get to
-- to get on Home Depot, least for tile setting. Okay, so I got to get
back to books, take another exam.
And when I apply for tiling license, Michael just check painting
application and tiling application.
And on painting I didn't just explain what did I do, just 10 years.
CHAIRMAN JOSLIN: Okay, so what license are you really
trying to get?
MS. KOLESNIKOV A: Now I want floor covering and
tile/marble.
CHAIRMAN JOSLIN: Okay.
MR. OSSORIO: What license does she already have? You have
a painting, am I correct?
MS. KOLESNIKOV A: Painting.
CHAIRMAN JOSLIN: She has a painting license now?
MR. OSSORIO: She has a painting license.
CHAIRMAN JOSLIN: Active?
MR. OSSORIO: Yes.
MR. JERULLE: Can you explain why she's here?
MR. OSSORIO: Unfortunately we're seeing a lot of people that
already have a license in painting, tile and marble. Now they're
coming in for more licensing.
And one of the things, when you already have a license, we
Page 11
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January 21, 2009
consider you a painter, we're assuming that you're painting. She's
come in for a tile -- she's taken the tile and marble exam and she
applied for a tile and marble exam.
Unfortunately when I checked her references, I checked one.
The gentleman said basically that no, she didn't do tile work for her
(sic) and that's why we're here today.
CHAIRMAN JOSLIN: So she doesn't have the credentials or the
affidavits to --
MS. KOLESNIKOV A: I can explain the situation.
All this time I was self-employed. All this time. You can't spell
my name, nobody can. Trust me. I was self-employed. I did work for
other contractors and was paid from company to company. I now was
employed to anyone.
CHAIRMAN JOSLIN: So you've been a self-employed person
for quite some time.
MS. KOLESNIKOVA: Well, since '92.
CHAIRMAN JOSLIN: Well, do you realize that here in Collier
County that for every trade that you do that does require a license, that
you have to have a license to qualify you to do that trade? And the
problem that you have here that I see is that you're asking us to give
you a license in which you have no real affidavits of experience to do
because you're telling us here under oath that you have been doing this
with n not working for a company but working for yourself. And
apparently unlicensed.
MS. KOLESNIKOV A: But I did work for contractors. I did
work for contractors. First three years it was like we got here without
any money, without English, without anything. We start working like
crazy. You know, we used to work 70,80 hours per week. Just day off
we have -- like we get here in January. First day off we had like in
June. We start working Sundays in 2002. We had our first vacation
2004.
CHAIRMAN JOSLIN: Have you ever worked for a company
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January 21,2009
per se, like for another flooring company or somewhere where you
want to do the trade in?
MS. KOLESNIKOV A: You can do work or you can't do work.
If you can do work, people know you can do work, people call you,
you do the work.
CHAIRMAN JOSLIN: Gentlemen?
MR. OSSORIO: You've never taken the tile and marble exam,
have you, just the floor covering?
MS. KOLESNIKOV A: I pass tile and marble.
MR. OSSORIO: You have to make sure we clarify. Every single
certificate has to take the business procedure test. And some trades
require you to take the trades exam. Unfortunately there are some
multiple licenses that just require the business procedure test. And we
weigh heavily on the applicant's experience.
And she's going for not tile and marble, but she's going for floor
covering, which is carpet and vinyl.
MS. KOLESNIKOV A: Well, actually, I want both.
MR. OSSORIO: Have you taken the tile exam?
THE COURT REPORTER: Please get on the microphone.
MS. KOLESNIKOV A: Yes, I did. I got 82.
MR. OSSORIO: Okay, so you've taken the tile and marble
exam.
MS. KOLESNIKOV A: Yes.
MR. OSSORIO: I recommend that we -- she'll go back and try to
get more affidavits of companies who she worked for, and then wetll
see if she can reapply again to show experience. And we can work on
that.
MS. KOLESNIKOV A: Okay.
MR. NEALE: I would -- what I would recommend the board do
is just table it for a period and let her come back, rather than deny it.
CHAIRMAN JOSLIN: Table it till next month?
MR. DICKSON: Dickson, so moved.
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16 I lanuary 27, 2009
CHAIRMAN JOSLIN: Joslin, second.
I have a motion and a second. All in favor, signify by saying
aye.
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries.
What we're going to do is we're going to put you on a --
basically a hold for a little while, maybe 30 days or till the next
meeting --
MS. KOLESNIKOV A: Okay.
CHAIRMAN JOSLIN: -- and see if you can come up with more
affidavits of experience that you can get from your people that you
work for, and then possibly get them to Mr. Ossorio or to staff.
And if those are in line and probably in good order, then you
probably wouldn't even have to come back before the board. He can
make the decision on his own if you have the experience. If not, then
yes, you will be back here again.
MS. KOLESNIKOV A: Okay.
CHAIRMAN JOSLIN: Okay?
MS. KOLESNIKOV A: Okay.
MR. OSSORIO: Mr. Chairman, one of the things that we're
seeing, an influx of someone being a licensed painter or someone
being floor covering, now they're trying to get back into licensing and
getting more licensing.
And we're assuming since you're a tile and marble company and
you're your own business, we're assuming you're doing tile and
marble. Now you're coming in with a painting -- nothing particular of
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IJanuary 21, 2009
this lady, but now we're seeing people come in and say well, I want to
be a painter. And we're assuming that you're tile and marble, where do
you get the experience in painting.
CHAIRMAN JOSLIN: Exactly.
MR. OSSORIO: So that's the things we're -- going across my
desk.
CHAIRMAN JOSLIN: I understand what you're saying for sure.
This is a prime case for it.
MS. KOLESNIKOV A: Can I say something? Back in Russia we
used to do -- it calls -- profession calls finisher. You come to
somebody's home and do everything, from ceiling to floor. Doesn't
matter. Painting, tile, wood. We can -- we could replace windows,
doors, put baseboards, crown moldings, it's finisher. You don't have --
CHAIRMAN JOSLIN: I can understand what you're saying as
far as being in Russia. But as of now, you are in the United States, and
you do live in Collier County, and we have a few other rules --
MS. KOLESNIKOV A: And I can do --
CHAIRMAN JOSLIN: -- that you must follow.
MS. KOLESNIKOV A: -- anything.
CHAIRMAN JOSLIN: Okay. Maybe the general contractors test
is maybe what you need to take.
MS. KOLESNIKOV A: Well, actually, I was trying. I got all the
books. I have original application from 2003. I just couldn't pass the
exam. I didn't have enough English.
CHAIRMAN JOSLIN: Okay. Well, keep trying.
MS. KOLESNIKOV A: Okay.
CHAIRMAN JOSLIN: All right. Well, we've got a new one here
that was presented. A Carlos Meran, is it? Are you present?
MR. OSSORIO: Mr. Chairman, while we're waiting on Mr.
Meran, I reviewed his application, and one of his experience letters --
CHAIRMAN JOSLIN: You want to give this to the County
Attorney (sic), please, and then he can -- or to the court reporter. She
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~anuary 21, 2009
can enter it in.
MR. NEALE: She gets one.
(Speaker was duly sworn.)
CHAIRMAN JOSLIN: Mr. Meran, I'm not really sure why
you're here. Would you explain the reason why you're in front of us.
MR. MERAN: I was an employee ofB&W Paving Contractors,
Southwest Florida. I worked for the guy for over three years. I run the
company, the estimate, the paving, the trucking, all the equipment was
parked at my house.
On April 19th of t08, he decide not to be with me anymore. On
that day I say fine, no problem. You go your way, I go my way.
I was trying to get into a different field. I didn't want any conflict
with the guy.
I was exporting equipment to the Dominican Republic, that's
where I'm from. And things slow down a little bit. I contact Jose
Moya, Asphalt Paving. He's right here. And we went into business
together.
Thing got slow, like, you know, the economy is really bad. So I
decide -- we decide to break up. No problem, no anything like that.
And then I decide to get my license, because I have all the
equipment.
When I was working for B& W Paving, I was half owner, half,
owning all piece of equipment that was there. Everything was under
my name. Everything was at my house. And he was paying me with
checks, that I got proof of.
I had a house under my name that was his. He was living at the
house. He was paying for the house. I had nothing to do with the
house. The house was not mine. I could have kept the house if I
wanted to. What I don't own, I don't want it. So I gave the house back
to him.
CHAIRMAN JOSLIN: Okay, I don't want to interrupt you, but
let's get to the point of why you're here.
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16 I 1 A January 21,2009
MR. MERAN: One condition was I need a letter from you
saying that I work for you for the time that I work. He refused to give
me that letter. And I say, so if you don't give me that letter, you're not
going to get the house.
I spoke to Mike about it. He called to verify my credential on my
application. I guess Michael told me that Charles Willey told him that
I didn't work for him. So that's what I'm here for. And I got plenty of
proof that I worked for the guy.
And Equipment Source, the only owner of B& W that they knew
until the time that we broke up, it was Carlos Meran. Jose Moya, the
only guy that they knew in Golden Gate Estates running B& W Paving
was Carlos Meran.
So I don't know what's the problem here. Maybe he doesn't want
no competition, he doesn't want no other people licensed out in the
Estates. Competition is good for the people.
CHAIRMAN JOSLIN: How did B&W pay you?
MR. MERAN: They pay me by check.
CHAIRMAN JOSLIN: By check?
MR. MERAN: Self-employed. Never pay no taxes. I was out on
the W-2. Never gave me a 1099, here's what you make last year.
CHAIRMAN JOSLIN: Mr. Ossorio, any input from you as far
as what's going on here? I'm not liking what I hear, for sure.
MR. OSSORIO: One of the things that the licensing office, we
do, is check references and check experience and check affidavits. Mr.
Moya (sic) has two affidavits: One for three months and one from
B&W Paving. Unfortunately B&W Paving has sent me a letter
rescinding his affidavits and basically saying that the only thing Mr.
Meran ever did for me was drive the vehicle.
Much as I'd like to go ahead and issue him a license,
unfortunately I'm bound by the code. Ifhe withdraws his application
and Mr. Meran doesn't show me more experience or another letter of
affidavit, I have to forward it to the licensing board.
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Jnuary 21, 2009
He did prove -- he did present evidence to you today with some
information that's intriguing, and I'll leave it at that. And Robert
Zachary can talk to you a little bit more about it, ifhe needs to.
MR. MERAN: You guys haven't seen the proof that I got that I
work for the guy. That's in the other package. Not as a truck driver,
running the company, running estimate, paving, sealing.
CHAIRMAN JOSLIN: I understand what you're saying. But the
problem is is that Mr. Willey is not willing to fill out an affidavit that
says you did this. And unfortunately we have to go by what's in front
of us. We can't go by testimony or -- unless you had some other type
of proof that you could give to us.
MR. MERAN: I got plenty of proof that I work--
MR. NEALE: If I may just refer the board to Section 22-184(B)
and (C) of the code. And particularly section C. It's when an applicant
is referred -- application is referred to the contractors licensing board,
the board shall take testimony from the applicant and shall consider
other relevant evidence regarding whether the application meets the
requirements of this division, meaning that section of the code.
Upon the evidence presented by the applicant and the contractor
licensing supervisor, the board shall determine whether the applicant
is qualified or unqualified for the trade in which the application has
been made.
So the board can consider all relevant evidence outside of the
affidavits. The affidavits are one form of proof, but they certainly are
not the only form, nor are they necessarily conclusive.
CHAIRMAN JOSLIN: Well, in the package that I have, I am not
finding anything else thatts conclusive, unless I'm missing something
here.
MR. MERAN: I got one more letter.
MR. NEALE: What I would -- if! may, Mr. Meran.
MR. MERAN: Sure.
MR. NEALE: What I would suggest to the board is that you ask
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16 I 1 f\.nua# 21,2009
Mr. Meran -- because he brought along a fairly substantial packet of
information, it appears -- if possibly the board would have him walk
through that with you. It might be more revealing than simple
testimony.
CHAIRMAN JOSLIN: All right.
MR. NEALE: I think he's got it. Did the board -- it should be
entered as evidence, yeah.
You've got a copy of it?
THE COURT REPORTER: Yes.
MR. NEALE: He's going to hand out to the board copies of a
packet that he's brought.
MR. ZACHARY: If you give a copy to the court reporter, we
could --
MR. NEALE: The court reporter has one.
MR. MERAN: She got one.
MR. ZACHARY: We could have that marked as an exhibit.
MR. NEALE: And if the board could move this into evidence as
an exhibit for this hearing.
MR. DICKSON: Dickson, so moved.
CHAIRMAN JOSLIN: I need a second.
MR. GUITE': Guite', second.
CHAIRMAN JOSLIN: I have a motion and a second on the
table. All in favor of bringing this into evidence, signify by saying
aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
MR. BOYD: Aye.
CHAIRMAN JOSLIN: Any opposed?
(N 0 response.)
CHAIRMAN JOSLIN: So moved.
Page 19
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January 21, 2009
MR. ZACHARY: And Mr. Meran, if you could go through this
packet with the board and explain to them what it is.
If you could explain to the board what this is.
MR. MERAN: Page number one, this is a letter from Dark Peak
LLC, dated January 3rd, 2005, 7:00 a.m. Presented by Marcia Tinberg
and Charles Willey.
On that day, they was talking about going to a partnership with
me. Marcia Tinberg, Carlos 1. Meran, to buy property.
The second page -- the third page dated March 15th, 2005. The
bottom paragraph, Marcia Tinberg and Carlos Meran informed Fred L.
Baietto, partner in B& W Paving and Asphalt, on March 15th, 2005
that Carlos Meran and Marcia Tinberg will be doing paving in Collier
County under Charles Willey license.
February 20, 2005, Marcia -- fourth page. On February 20, 2005,
Marcia Tinberg agreed to buy equipment with Carlos 1. Meran for
paving business, Southwest Florida, as well as equipment for clothing
business in Florida.
This are -- the fourth page. This is check proving -- dated March
13, '08, made out to Carlos Meran that was onjob that was done.
Four (sic) page, also checks prove that it was paid for paving.
And if you go down the list, those are the proof that I have that I
work for the guy paving. Not only driving, but paving.
MR. GUITE': And this man says that you were only a truck
driver for him?
MR. MERAN: Yeah.
MR. GUITE': And you got checks for $11,000? For a truck
driver, he makes pretty good money.
MR. MERAN: I got a check --
CHAIRMAN JOSLIN: I need to get ajob like that.
MR. MERAN: n on the very last page of those Colonial Bank
letterhead dated March 28, '08, made out to Carlos Meran for $38,770.
That was the final payment. If you read on the bottom, it say
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January 21, 2009
equipment. That was the day that he paid me for the half of the
ownership that I have with him. That was the last check made out to
me.
And then on the following page, I got plenty of checks made out
to Charles Willey. 2,525, 2,200, $2,000.
Keep down the line, I got checks from Carlos 1. Meran made out
to B&W Paving Contractors, Southwest Florida. 1,490, 12,500 made
out to Charles Willey. 6,160,4,500. B&W Paving Contractor paying
Carlos Meran, 1,560, 1,560.
And if you keep on flipping the pages, you will see that I was
not a truck driver, like he say. I got the experience when I got together
with Jose Moya. He could tell you more about my knowledge of
pavmg.
I got one more proof that I was not only driving for him, but we
bought a LeeBoy 7000 Paver. We pay $70,225 for that paver. Half of
that, it was my money.
All the equipment insurance was under my name, Carlos 1.
Meran, B& W Paving Contractor. My address was there.
CHAIRMAN JOSLIN: Okay, that's enough for the moment.
MR. JERULLE: I have a question about your letter of April 3rd,
2008 in here.
MR. MERAN: April3rd?
MR. JERULLE: B& W Paving Contractors. From the law offices
of Glantz and Glantz.
MR. MERAN: What was that?
MR. JERULLE: From the law offices of Glantz and Glantz.
MR. MERAN: Okay. That letter went to my house, made out to
B&W Paving Contractor, attention Charles Willey.
A problem with a driveway. Proof that he used my address.
That's what I'm trying to show here.
MR. JERULLE: Okay, but there was a problem with this lady's
driveway.
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January 21, 2009
MR. MERAN: Yeah. I don't know if they solved the problem,
because he never -- we never talked to each other after we broke up. I
didn't do anything to the --
MR. JERULLE: But you were half owner in the company.
MR. MERAN: Yes.
MR. JERULLE: And you don't know if you resolved this lady's
problem.
MR. MERAN: At this time on April3rd, we received the letter
like two weeks after we broke up. We broke up on March 19th.
MR. JERULLE: January of2009 and you don't know if this
lady's driveway has been repaired?
MR. MERAN: Oh, no, I don't know. Because I was not -- we
were together up to April 19th, 2008. And--
MR. JERULLE: But the date --
MR. MERAN: -- this was after the fact.
MR. JERULLE: -- of the letter is April3rd.
MR. MERAN: Yeah. And this --
MR. JERULLE: Prior to you breaking up, you received the
letter.
MR. MERAN: No, no, no, that was after. The last date that we
worked together was March 19th. This letter is dated --
MR. JERULLE: You said April, I'm sorry.
MR. MERAN: -- April, 2008. I don't know if this was resolved.
And the proof of the checks, the last check for $38,000 --
MR. JERULLE: When you said you broke up, how did you
break up?
MR. MERAN: He just told me one day we don't want to be in
business together, something that we --
MR. JERULLE: Did you own shares in that corporation?
MR. MERAN: I was not on any way, shape or form on any
piece of paper ofB&W Paving Company, even though that I own half
of the equipment.
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January 21,2009
MR. JERULLE: So you owned half of the equipment, not half of
the company.
MR. MERAN: Right.
MR. JERULLE: And you don't know if this lady's driveway has
been repaired to date.
MR. MERAN: Not to my knowledge.
CHAIRMAN JOSLIN: I've got one other question.
On the next page, it doesn't have a page number, but there is
another promissory note that was made out to you?
MR. MERAN: Yeah.
CHAIRMAN JOSLIN: It appears it must have been from B&W
that owes you or -- did they sign a promissory note to you for
$75,000; is that correct?
MR. MERAN: I never lent any money to Charles Willey. This
was made up. Why? Through the divorce.
MR. DICKSON: Mr. Neale, let me speak to you for a minute.
Where I sit right now is yeah, he pretty well showed that he's got
experience. But when these things come to light, everything gets
opened up. And I see possibility, strong possibility of workers' compo
fraud, I see strong possibility of tax evasion. I see all sorts of issues
that are now more pressing than an issue of whether he has
expenence.
So I'm looking legally from you. He came in here to verify
experience, but I got other issues now.
MR. NEALE: Well, the section that I read to the board clearly
sets out that the board is reviewing the application for his competency
under this section of the code, whether he is qualified to be a
contractor. Therefore, the board can look at the other aspects.
I think as far as the tax issues and such, the tax issue is probably
one that is not within the purview of the board. But certainly workers'
comp issues are directly related to the board's review of an
application.
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January 21, 2009
What I would suggest to the board is if they do have concerns in
those areas, since he only had the opportunity to prepare for an
experience affidavit, is that you could -- if the board so decides, have
him come back with a response to the other issues the board sees, or
the board is certainly within its power and ability to approve or deny
this application, based on the evidence presented today. Because the
board really is only considering the evidence as presented today and in
the packet.
CHAIRMAN JOSLIN: Would that be a better way to do it at
this moment, just deny the motion at the moment and then let him
come back with more information and maybe come before us again
with affidavits that he can get? I understand where you're going.
MR. DICKSON: At the same time, he's not a member of the
corporation.
MR. NEALE: No. And that -- you know, even though he asserts
under oath that he was a partner, but not on the documents, officially
and legally he was not a partner, so therefore, unless he was the
qualifier, which he was obviously not --
MR. MERAN: No.
MR. NEALE: -- Mr. Willey was the qualifier, he doesn't have
responsibility under the code for workers' compo issues, for tax issues
or anything like that, because it's the qualifier that this board would
look to if there were any such violations.
What the board is looking to in this instance is solely his
qualifications to obtain this license, not what may have happened with
another qualifier in a prior business.
CHAIRMAN JOSLIN: Just like Mr. Jerulle said regarding the
affidavit -- or the information that he had no knowledge of taking care
of this woman's problem with the driveway. He would have no
knowledge of doing that.
MR. NEALE: Well, whether he had knowledge or not--
CHAIRMAN JOSLIN: Not knowledge, but n
Page 24
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MR. NEALE: -- it was not his responsibility, because he wasn't
the qualifier.
CHAIRMAN JOSLIN: Right, exactly. So it doesn't matter to
him if it was taken care of or not in reality.
MR. MERAN: That letter was not directed to me. Did I open the
letter? Yes, it went to my address and I opened the --
MR. DICKSON: Mr. Meran, we're not even talking about that,
so don't interject, okay?
CHAIRMAN JOSLIN: Yeah, this is not something --
MR. DICKSON: What I'm talking about, and I'm madder than
hell about, is contractors that operate like this. When all five of us are
contractors up here and we try to play by the rules and play by the
book and do our taxes and do our insurance, but we've got people out
here operating like this that undercut us every day and put us out of
business because of dishonesty. That makes me mad.
MR. MERAN: I have knowledge of that. I didn't have a phone
number for me to call. I call a few people. He was the only guy getting
the job, getting the job, doing all the paperwork.
My involvement with the company, B&W Paving, it was to go
out there and do the job. Call me every morning, where we going? Go
do this, do that.
MR. DICKSON: Thatts what I was resolving with him. My
anger is not directed at you right now.
MR. MERAN: Okay.
MR. DICKSON: But I do have quite a bit of anger when I see
checks like this.
MR. MERAN: There's plenty more.
CHAIRMAN JOSLIN: And a sizeable amount of money.
MR. JERULLE: Mr. Ossorio, has he passed a business--
MR. OSSORIO: Yes, he's met all the requirements to pass the
trades exam and the business procedure test.
MR. DICKSON: Is there a license -- is there a -- oh, he did his
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January 21, 2009
trade also?
MR. OSSORIO: He did his trade. He's filed for worker's compo
exemption, he has liability insurance and has a corporation.
CHAIRMAN JOSLIN: A workers' compo exemption. And he's
going to go do an asphalt driveway. By himself?
MR. OSSORIO: Well, you can have either workers' compo
exemption or you can have staff leasing or you're going to have
employees through a payroll service.
MR. MERAN: I got my certificate of liability for Workmen's
Compo Which that letter was faxed to the board, and it was never put
in my application.
CHAIRMAN JOSLIN: So you have insurance and Workmen's
Compo now?
MR. MERAN: Yes.
CHAIRMAN JOSLIN: Okay, that's enough.
MR. DICKSON: I move that we approve his experience. Grant
the license.
MR. GUITE': I'll second, Guite'.
CHAIRMAN JOSLIN: We've got a motion and a second.
All those in favor?
MR. GUITE': Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
MR. BOYD: Aye.
CHAIRMAN JOSLIN: Any opposed?
MR. JERULLE: Nay.
CHAIRMAN JOSLIN: Motion carries 4-1.
MR. DICKSON: Do we have the right, Mr. Ossorio, to forward
these documents to workers' compo division and the state for any
action they feel -- deem necessary?
MR. NEALE: Yeah, I think the -- frankly since they are now
public record, since they've been placed on the public record here, that
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JaJuary 21, 2009
becomes sort of almost irrelevant. Since they are public record, they
can be forwarded anywhere, because anybody can access them.
CHAIRMAN JOSLIN: Do we need a motion to do this, or can
this be done --
MR. NEALE: I would suggest leaving that in Mr. Ossorio's
purview.
CHAIRMAN JOSLIN: Okay.
MR. MERAN: I got one more thing to say.
CHAIRMAN JOSLIN: No.
MR. NEALE: Please don't.
MR. OSSORIO: Mr. Chairman, one of the things that we do in
our office is that under the contractor licensing, if Mr. Meran wishes
to fill out a formal complaint, we would do the investigation ourself
on a misconduct. So if Mr. Meran wishes to do so, he could do so. But
he would have to testify to the board of the extent of his businesses
with B& W Paving.
CHAIRMAN JOSLIN: Let's just say he chose not to. Would it
make a difference?
MR. OSSORIO: Well, then it would be hearsay, and it wouldn't
be -- we need direct testimony for that particular charge.
CHAIRMAN JOSLIN: Is this packet not now into public records
and information, or no?
MR. OSSORIO: I think this hearing is closed. But the -- to open
up an administrative complaint, we would need more.
MR. NEALE: Yeah, the hearing is -- yeah, all of the information
in the packet is public record.
CHAIRMAN JOSLIN: Public record, correct? Right, so that
could be used in Michael's continuance of what's going on.
MR. NEALE: The county can -- you know, I mean, within the
purview of the code, the county can initiate an investigation on its
own.
CHAIRMAN JOSLIN: Okay. That would be my
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January 21,2009
recommendation to Mr. Ossorio then.
You're done.
MR. MERAN: One more thing to say. The owner ofB&W
Paving is here today.
CHAIRMAN JOSLIN: We really don't want to hear that right
now. Y ou're done and your license has been okayed.
MR. MERAN: Thank you.
CHAIRMAN JOSLIN: Good luck to you and make sure you
keep your nose clean.
MR. MERAN: I will.
CHAIRMAN JOSLIN: Okay, we'll reverse one time. I'm still
looking for a Charles R. McDermott. Are you present?
MR. McDERMOTT: Yes.
CHAIRMAN JOSLIN: Mr. McDermott, would you please be
sworn m.
(Speaker was duly sworn.)
CHAIRMAN JOSLIN: Before me it looks to me like I have a
request for a hearing on citations you received. Two citations,
apparently.
MR. McDERMOTT: Just one, sir.
CHAIRMAN JOSLIN: One citation. I'm showing two.
MR. OSSORIO: Mr. Chairman, just to clarify, the one hets
contesting, the 4281, the 2149 was 2005. I don't think Mr. McDermott
is contesting that. Obviously you can't, it's over 10 days.
CHAIRMAN JOSLIN: I got you, okay.
This is a citation for power washing a roof. Do you want to
explain what happened?
MR. McDERMOTT: Yeah, I contracted with the homeowner to
do a power wash of the pool area and driveway, and I was approached
by a painter. And he said, if you want that roof done, I can do it for
you, I've got a painting license, blah, blah, blah. Handed me a card.
Told the homeowner. Homeowner said, yeah, might as well get
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January 21, 2009
it done, too.
So the kid was on the roof and he was doing the work. And I was
approached by the -- a code enforcement guy, and I was ticketed for it.
He originally wanted to ticket the fellow who was on the roof,
but the fellow said he didn't have a license, he wouldn't give his
license. And he said, well, I've got to see a license from somebody real
fast or else they're going to call the police and --
CHAIRMAN JOSLIN: So the ticket was issued to you then.
MR. McDERMOTT: Right.
CHAIRMAN JOSLIN: Did the man work for you?
MR. McDERMOTT: No.
CHAIRMAN JOSLIN: Not at all.
MR. McDERMOTT: I met him just about a day before that, and
he gave me a card.
MR. JERULLE: Who paid him?
MR. McDERMOTT: Well, I gave him the portion of the money
from the homeowner.
CHAIRMAN JOSLIN: So in reality you did pay him. You did
have him work for you.
MR. McDERMOTT: Well, you know what I mean? I wasn't
going to get two different checks from the homeowner. I just --
CHAIRMAN JOSLIN: Okay.
MR. McDERMOTT: The fellow was -- you know, he took off
and, you know, it was over.
MR. JERULLE: The homeowner paid you --
MR. McDERMOTT: Well, yeah, I mean, I had to finish my
portion.
MR. JERULLE: Excuse me, I'm asking a question.
The homeowner paid you to power wash the pool area and the
roof --
MR. McDERMOTT: And driveway.
MR. JERULLE: And the driveway. And the roof--
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January 21, 2009
MR. McDERMOTT: And his money for the roof.
MR. JERULLE: And you hired this other gentleman to do the
roof.
MR. McDERMOTT: Okay.
CHAIRMAN JOSLIN: Okay.
MR. JERULLE: No, I'm asking the question.
MR. McDERMOTT: Well, you know what I mean? It was there
and he came up to me and he presented a card. I thought he was a
legitimate painter. Seemed to have all the look and the credentials and
the -- said, you know, we can get this done for you and we can take
care of your homeowner and --
MR. JERULLE: Is that a yes?
MR. McDERMOTT: I guess it's a yes.
MR. DICKSON: He's not even a legitimate employee or a
legitimate subcontractor.
MR. McDERMOTT: I guess not.
MR. JOSLIN: He might have got the card down at Circle K off
the bulletin board.
MR. McDERMOTT: No, I didn't get this.
CHAIRMAN JOSLIN: No, not you. I'm saying your friend that
you met, however you met him.
MR. McDERMOTT: Well, yeah, he approached me.
CHAIRMAN JOSLIN: Well, I guess that will be a lesson to you
then. You better watch who you have come and do work for you when
you've already contracted to do the job, if you're getting paid. Because
once you pay that person -- now, if the homeowner would have paid
him, it would have been a different story, see, it wouldn't have been on
you. It may not have been correct or the right way to do a process, but
nevertheless you wouldn't be here today facing this fine.
MR. DICKSON: I move that the citations stand.
CHAIRMAN JOSLIN: I second the motion.
Motion and a second. All those in favor?
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January 21,2009
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
MR. BOYD: Aye.
MR. GUITE': Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries.
You have to pay the fine, sir. Sorry.
MR. McDERMOTT: All right.
Okay, that ends all the new business items. We've got one item
on old business.
Mr. Calvin Courtney, are you present? I don't see him.
MR. OSSORIO: Mr. Chairman, Calvin Courtney left me a
message yesterday basically saying that he had some sort of
emergency. And I would like to go ahead and postpone this till the
next meeting.
CHAIRMAN JOSLIN: Okay. So moved, we'll do it.
All right, we've got a bit of a -- cases with public hearings.
People need a break at all? No? You good? Okay.
All right, let me give you a quick insight of what goes on here.
This is public hearings.
First of all, is James Schuck from Marco Marine Construction
here?
MR. SCHUCK: (Indicating.)
CHAIRMAN JOSLIN: You are here.
Would you please come to the podium on this side.
What's going to happen here, we're going to have some basic
opening statements from both parties. Then after each party gives
those opening statements, we'll have each side present their case to us.
We'll hear testimony from those two parties, in which case you'll be
able to ask questions of the witnesses, if there are any witnesses
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available or any witnesses going to testify.
In which case then we're going to have a quick closing short
statement, closing statements. And then we'll close the public hearing
and then the board will deliberate here on the conclusions of law and
the final penalty phases, ifthere is any.
MR. OSSORIO: Mr. Chairman, just before we get started with
this particular public item, I believe what the county wishes to do, and
maybe Robert Zachary can help us out, is that this gentleman will
stipulate to the charges, of all charges that were cited under the
Administrative Code, under the misconduct.
I would like to have Ian have an opening statement, walk you
through what happened, and Mr. Schuck will go ahead and contest
(sic) to what he did. And on the back of your exhibit, you'll see a
stipulation charge, and that will be something you can deliberate on
after. So we'll try to expediate (sic) this, if he wishes to plead this case.
That's something Pat Neale will talk to you about.
MR. NEALE: Yeah. And this -- it's not unprecedented for this
board to obtain and receive a stipulation, an agreed -- where
essentially this is a simpler way to resolve the case, if the board so
agrees to the terms of the stipulation. For lack ofa better term, it's
similar to a plea bargain in a criminal court, whereby the party agrees
to plead to a certain charge, based upon an agreed upon set of
penalties.
And so what the board can do is obviously the board has the
power to approve or deny the stipulation, but it can certainly expedite
this hearing in that if the board hears the opening statement, then hears
the stipulation to the charges, reviews the penalties and feels that that's
appropriate, then the board can just adopt the stipulation and
agreement as being the findings of this board, and that can be
converted into a normal order. And the penalties and everything would
go forth as if a regular hearing had been held and an order was issued.
CHAIRMAN JOSLIN: One question. How does the stipulation
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January 21, 2009
evolve? How did this come up? Or who put together the items of
penalty phase that he agreed to? How did this come about?
MR. OSSORIO: Mr. Chairman, one of the things we looked at
this year is -- one of the things that I looked at was we've noticed that
there's maybe more cases this year than we had in the previous years
in the past. And to come to better resolution and to expediate (sic) the
licensing board and the hearings, we try to follow suit with code
enforcement, the board does. Their staff usually comes with a
recommendation or stipulation. And either the board agrees to it or
they don't agree to it, whatever you prefer.
But that's something that we would like to get forward into. I
mean, with the board's pleasure, of course.
MR. DICKSON: May I discuss something?
CHAIRMAN JOSLIN: Yes, you sure may.
MR. DICKSON: Before we get into this, this goes back before
your time, Michael. I think Michael-- or Mr. Joslin and Mr. Neale and
I, I think were the only three that know it. But this nasty word
longshoreman insurance. This county has been through this years and
years and years ago. One contractor could afford it, none of the others
could. We fought it. We had cases. We reversed cases. We changed it.
And the county finally came down with a rule that it's a federal act, it's
not a county act or a state act.
We finally came down with a rule that longshoreman insurance
would not apply in Collier County because these canals were not
considered navigable waterways.
Do you remember this, Mr. Neale?
MR. NEALE: Yep.
MR. DICKSON: So is longshoreman insurance an issue in this
case?
MR. NEALE: I don't know. Is longshoreman's on this or just
regular insurance?
CHAIRMAN JOSLIN: Longshoreman. And I think Workmen's
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January 21,2009
Compo was also listed on here, no?
MR. DICKSON: It's listed in the summary.
MR. NEALE: Yeah, what did finally resolve, though, is that --
and my understanding, and of course as you correctly point out, it's
been a number of years ago. But my understanding is that at the end of
the day it came out that yes, longshoreman insurance was going to be
required and there was nothing we could do about it.
MR. OSSORIO: Mr. Dickson, just to -- maybe I can clarify. I
was here when we had all those meetings. And if that was what we
talked about to strike it from the code, we would surely have done so.
Clearly it's in the code. We do have a building block that clearly states
that you need longshoreman insurance. And longshoreman insurance
has changed over the years, referencing payment and different class
codes. The federal government's finally realized that, you know,
they're not building this bridge or this barge or this whatever, this
widget they're doing on these huge bays. And it has been more
affordable.
I've been to many marine associations, and the marine industry
has really got involved in Tallahassee and really pushed for a new
class code. And maybe Marco Marine can talk to you about that.
But there's more that meets the eye here. And we understand
longshoreman insurance is expensive, but it is in the code, and we do
have a building block and we do have a letter from the state and also
from the federal government that it is mandated, that longshoreman is
needed on navigable waterways. So I was in those meetings many
years ago.
MR. DICKSON: But does it apply to all the contractors that
work on these docks?
MR. OSSORIO: Oh, yes.
MR. NEALE: Yeah, electrical contractors and everything.
MR. DICKSON: See, that applies to me. I was told by the
county when all this was going on and they made this final rule
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because some of these docks have roofs on them.
MR. OSSORIO: There's no doubt about it. There is a policy.
Like I said, there is a building block. And we take -- and we look at if
you're working -- if you're working from the shoreline and it's
incidental to what you're there for, electrical or if you're doing some
plumbing work or something out there to the dock, longshoreman is
not needed. But if you're building this huge levy or this dock or this
something with a big barge, it's called a floating device.
So if you're on a floating device or near a floating device, you
would need to have longshoreman insurance. And we take that into
consideration.
MR. DICKSON: You're not talking a dock in the backyard?
MR. OSSORIO: Well, we're talking a dock. We're talking if they
-- if a barge pulls up and it's on a floating device, unfortunately we
have to abide by the code and the building block and what the code
tells us. If you're on a floating device and you are incorporated, you
need to have longshoreman insurance.
CHAIRMAN JOSLIN: But that's not the question. Mr. Dickson
is asking about a -- a lot of these docks have basically maybe
undercover docks where a boat can drive in --
MR. OSSORIO: If you are a navigable--
CHAIRMAN JOSLIN: -- that needs a roof. Now, ifhe has a roof
on it --
MR. OSSORIO: If you're working--
CHAIRMAN JOSLIN: -- that's not floating. But would he need
longshoreman insurance?
MR. OSSORIO: No, he would not. Like -- I'll go ahead and
specify it again for you. If you're using a floating device. If you're on a
barge, a boat. If your feet are not on the property or on land, you need
longshoreman insurance. So in other words, if I'm a roofing company
and I'm replacing a little piece of shingle on a dock, no, we're not
going to make you get longshoreman insurance. But if you were
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January 21,2009
telling me that you're a marine contractor and you come into the City
of Marco Island or City of Naples or Collier County requires to do this
$50,000 dock extension with this barge, you're going to need
longshoreman insurance. If you don't have it, you're not going to get a
building permit.
MR. DICKSON: Okay. I thought it was resolved another way.
CHAIRMAN JOSLIN: Okay. So then you don't need the
insurance is what we're saying.
MR. DICKSON: As long as Mike's there.
MR. NEALE: As long as you're not operating off a barge.
CHAIRMAN JOSLIN: Or off a barge. Okay.
All right, let's begin, I guess with all that said. Maybe we'll get
some answers from these two gentlemen here.
Ian, you want to begin with the opening statements -- or be
sworn in, I'm sorry. And also, before we start that, we'll need to have a
motion to place this packet into evidence.
MR. DICKSON: So moved, Dickson.
CHAIRMAN JOSLIN: Second?
MR. BOYD: Second, Boyd.
CHAIRMAN JOSLIN: All in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries.
MR. OSSORIO: Mr. Chairman, just to clarify, can we combine
Case No. 2009-2 and 2009-1, or is that possible?
MR. NEALE: I would suggest to the board to do that.
CHAIRMAN JOSLIN: I think we could do that.
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January 21,2009
MR. NEALE: There's precedent to do that where we combine--
CHAIRMAN JOSLIN: Okay. Then we need to have Mr. Ricci
come up and be sworn in also.
(All speakers were duly sworn.)
CHAIRMAN JOSLIN: And also, would you make the motion
amended to bring in Case No. 2009-1 and 2009-2.
MR. DICKSON: I'll so amend my motion.
MR. GUITE': I'll second it.
CHAIRMAN JOSLIN: Motion and second.
All in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries.
Mr. Ian, go ahead.
MR. JACKSON: Thank you.
These cases obviously involve insurances. Not only is the
longshoreman's one facet of the issue here, but the Workers' Compo is
another facet.
There was a lapse of coverage in which the company was
knowingly performing work for a substantial period of time. I've heard
dates from the insurance company up to 10 months. And I have
documentation from these gentlemen that show it might not have been
10 months.
But the bottom line is that there was a lapse of coverage, and the
qualifiers that are here before you acknowledge the lapse of coverage
and acknowledge the fact that they were working without the
coverage, Workers' Compo and longshoreman's. That sums up Count 1.
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January 21, 2009
And Count II, there was one case that I know of them
performing work without an issued building permit by Collier County.
Due to the fact they couldn't have the building permit issued because
of the lack of coverage and the status of their license.
And I know as we've touched on, we have the stipulated
agreement. If it would please the board, I'll read that so it's entered
into the record.
CHAIRMAN JOSLIN: At this moment, maybe we don't have to
do that right now. Let's wait for just a moment and let's hear the
statements of their side. And then we'll get down, maybe we can skip
a lot of these episodes and go right to that --
MR. JACKSON: Certainly.
CHAIRMAN JOSLIN: -- particular section.
MR. OSSORIO: Just want to make sure, Michael Ossorio,
Contractor Licensing Supervisor.
This was a call-in complaint with the cooperation with the City
of Marco Island and the City of Marco Island building official.
I guess what transpired between the longshoreman and the
Workers' Compo issues -- and every contractor knows that once you
have a policy, you need to pay your premium. If you don't pay your
premium, they cancel you.
And unfortunately knowingly, not these qualifiers, but the owner
of Marco Marine Construction knew about there was no coverage and
they continued to work.
But we did get an investigation and we did get a complaint
referencing them working in Marco Island or close to Marco Island
without any building permit.
And that the reason why, like Ian Jackson said, was they could
not get a building permit because their certificate was inactive because
of the insurance. But they had been working for many months with the
insurance company to come into compliance. And that's the issue.
The issue is that they knowingly did not pull a building permit
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January 21,2009
on this exhibit. You can look at the exhibits, if you'd like, the
photographs. Clearly depicts that you need Workers' Compo and you
also need the building permit to do this work without it (sic). So this is
a willful code violation on their part.
CHAIRMAN JOSLIN: One quick question. Does workmen's
compensation and longshoreman's insurance, are they insured by the
same company? I mean, is it workmen's compo and longshore
combined together when they get insurance of this nature for a marine
contractor, or is it two different companies?
MR. JERULLE: It could be both.
MR. OSSORIO: It could be both.
CHAIRMAN JOSLIN: Either way?
MR. JERULLE: Yeah.
CHAIRMAN JOSLIN: Okay.
MR. OSSORIO: On this particular case, I think Marco Marine
was dealing with one insurance carrier, and they had longshoreman
insurance and they had Workers' Compo coverage.
CHAIRMAN JOSLIN: So they could have had workmen's
compo through one company and longshoreman's through another
company, if they chose to.
MR. OSSORIO: Yes. And that does happen. And we get -- we
are the certificate holder and we put that in the database.
CHAIRMAN JOSLIN: Okay. Okay, let's hear the opening
statement from -- which one's going to speak first?
MR. NEALE: What I would suggest to the board is based upon
the way this case has been presented is that you have the two
respondents testify that they agree to and accept the terms of the
stipulation agreements as set out. That can be a basis.
If the board then subsequent to that decides that they want to go
further and pursue the case in full, then they could go from there. But I
think for purposes of this, I would suggest that you have them testify
that they accept the terms of the stipulation agreement as set out.
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January 21,2009
CHAIRMAN JOSLIN: I just wanted to hear the reasons why,
but that's okay. Okay?
Then Mr. Ricci and Mr. Schuck, you are present, right?
MR. RICCI: That's correct.
MR. SCHUCK: That's correct.
CHAIRMAN JOSLIN: Have you read the stipulation and agree
to the stipulation that was given to you regarding this case?
MR. RICCI: Yes, we have.
MR. SCHUCK: Yes, I have.
CHAIRMAN JOSLIN: And do you agree to the penalty phases
that were given to you or promoted (sic) to you at the moment?
MR. RICCI: Yes, we have.
MR. SCHUCK: Yes, I have.
MR. NEALE: And what I would just suggest is that you also get
them to testify on the record that they are agreeing to the stipulation
agreement based upon their own free will and that they are not being
coerced in any way, shape or form to sign this stipulation agreement.
CHAIRMAN JOSLIN: During the stipulation agreement you
were in no way coerced into signing it, you did it on your own free
will?
MR. SCHUCK: That's correct.
MR. RICCI: Yes, we did.
CHAIRMAN JOSLIN: And this is all for the record, okay?
MR. RICCI: Yes.
CHAIRMAN JOSLIN: I would still like to hear just one quick
scenario, just one quick synopsis from you of the reason of why you
didn't have insurance. Was what the reasons of why you let this
insurance lapse so long. Maybe a week or two or 10 days or 20 days,
okay, but for 10 months?
MR. SCHUCK: We're a family owned and operated business
and we had a family member that was handling this. And apparently
she did not pay, I think that Ian says from December of2007. But we
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January 21, 2009
got a certificate of completion from a Collier County job dated May
22nd. So we don't know when it was abandoned.
CHAIRMAN JOSLIN: When it lapsed.
MR. SCHUCK: Not paid or what.
We found out August 27th when we tried to apply for a seawall
permit that we had no insurance. At that time we had a change of
ownership. The lady that was handling this is no longer with us. And
at that time we tried to get the insurance.
Well, because it had lapsed, we had an audit. They wanted
$34,000 up front. So to come up with $34,000 -- we're a ma and pa
organization. We don't have backers, so we had to continue on. And
we had to get contracts. And most of the people we've had contracts
with, we told them our predicament. We didn't try to dupe anybody.
All our employees knew about it. It was because of one person's
negligence that we're in this situation.
And it took us until January 2nd, I think, to come up with the
insurance. Because they asked for $34,000. We gave them $34,000,
and then they asked -- they came back and asked for another $20,000.
And so in the meantime, you know, we thought we had it. And
then they said we sit on you for 30 to 45 days before we issue your
msurance.
So it took a long time to get the insurance. Yes, we worked
without it. We take full responsibility of it.
And as far as working without the permit, I mean, we had
deadlines to keep, these people knew it. I mean, if we would have
stopped work, I mean, we had open permits, you would have had a
bigger mess than what you have now.
CHAIRMAN JOSLIN: You would have had a bigger mess if
someone would have got hurt on that job.
MR. SCHUCK: We would have took care of them.
MR. JERULLE: Are we allowed to ask questions?
CHAIRMAN JOSLIN: Sure.
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January 21, 2009
MR. JERULLE: Who writes checks for your corporation?
MR. SCHUCK: At that time Patti Price. And now it's D.l. Ricci,
Jr. and myself.
MR. JERULLE: So Patti Price wrote the checks?
MR. SCHUCK: She was the one that up until September was
handling the affairs.
MR. JERULLE: Was she the owner?
MR. SCHUCK: That's correct. She was the president.
MR. JERULLE: She was the president and she wrote checks.
Did you review the checks?
MR. SCHUCK: Sometimes, yeah. Not all of them.
Believe me, we were -- asked these questions of her, and she
said she had it all in her head. Didn't want any of our help.
MR. JERULLE: But you're the owners of the company.
MR. SCHUCK: Qualifiers, yes.
CHAIRMAN JOSLIN: Is there a different owner of the
company versus the qualifier?
MR. SCHUCK: She's still the owner. It's in to get taken out. It's
in the lawyers hands. So she's removed from it.
CHAIRMAN JOSLIN: So technically she is the owner.
MR. SCHUCK: Yeah, she's the president --
CHAIRMAN JOSLIN: You're just qualified, so you're taking --
MR. SCHUCK: No, no, she's not the qualifier--
CHAIRMAN JOSLIN: No. You both are the qualifier.
MR. SCHUCK: -- Mr. Ricci is.
Yes, that's correct.
CHAIRMAN JOSLIN: Is there any other qualifiers in Marco
Marine besides yourselves?
MR. SCHUCK: Donald P. Ricci, Jr. He has a state license.
MR. RICCI: If I may add, Don Ricci, Sr., we've been in business
since 1980. Been a long time. Probably the longest longevity of any
marine contractor in Collier County. We've got a good reputation.
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16 ~ lJanuary21,2009
Probably 15,000 customer base.
We made a decision as a family. We had 15 employees that we
would have put out of work in making this decision. We were told
every day that tomorrow, tomorrow, tomorrow we'd get it. They put it
into an audit situation. They said they could take up to nine months to
do this, you know, which was ridiculous.
We spoke to some legal counsel on it. They said, you know,
you're at their mercy. And so we applied for that permit in Goodland.
It was ready. They called and told us to come and pick it up. So we
knew that with the work that we had proposed to do was in approval
of Collier County.
And Mr. Schuck and I and my son, we made a decision that just
bad times, that we would, you know, try to get this job completed so
we could afford to pay the workmen's compo
And as we all know, to come up with, you know, 60 some
thousand dollars overnight is a tough deal. We even went to the banks
to try to get loans and bridge loans, and we were turned down in every
case. We never had this problem at all in the company.
MR. JERULLE: The audit is based upon work performed in the
past.
CHAIRMAN JOSLIN: Right.
MR. RICCI: That's correct.
MR. JERULLE: So you didn't pay the insurance in the past.
MR. RICCI: No, actually, we had --
MR. JERULLE: This is for -- when you're doing an audit, you're
doing an audit on the last year's income, and you're audited on the
value of the work and then you're paying the insurance on the value of
the work. So you've already been paid this money.
MR. RICCI: Yes. In some respects, yeah.
MR. JERULLE: Mr. Ossorio, does he have any past fines?
MR. OSSORIO: Not that I know of. Not Mr. Schuck or Sr.
Junior there might be some issues that we handled internally, but
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'ianumy 21,2009
nothing out of the ordinary, no.
MR. NEALE: And I would note to the board that we probably
should have the terms of the -- I'm sure the board's reviewed the
stipulation agreement, but I would suggest that the terms of that
agreement be read into the record, just so that the board can have them
in front of them to hear them.
Because I think once the board sees those, that will allay some of
your concerns about where we're going here. So maybe you could
have county staff to read the stipulation.
CHAIRMAN JOSLIN: Well, okay, if there's no further--
MR. RICCI: On those items, if it's possible to grant us some
more leniency in time. Because the business atmosphere obviously is
not any better than it was, you know, six months ago.
CHAIRMAN JOSLIN: Thank you, we'll take that into
consideration.
MR. RICCI: Appreciate it.
CHAIRMAN JOSLIN: At this time then we'll close the public
hearing, if there are no further comments from either side. We've
heard the case, we've heard testimony, and the respondents have pretty
much admitted the guilt, so we can go right into reading the stipulation
and going into the final phases.
MR. NEALE: I would suggest that prior to closing the public
hearing, that the board have the stipulation read into the record and
then subsequently after that close the public hearing --
CHAIRMAN JOSLIN: Okay.
MR. NEALE: -- just so that it's on the record as part of the
hearing.
CHAIRMAN JOSLIN: Okay. Mr. Ossorio, would you like to
read the stipulation that you have entered into with these people?
MR. OSSORIO: I'll let Ian Jackson do it, since he's the narrater
of it.
CHAIRMAN JOSLIN: Mr. Jackson?
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16 1 '1mfiry if, 2009
MR. JACKSON: This is Case 2009-1, Board of County
Commissioners, Petitioner, versus James G. Schuck, d/b/a Marco
Marine Construction, Incorporated, Respondent.
Comes now the undersigned, James Schuck, on behalf of himself
or as representative for respondent; enters into this stipulation and
agreement with Collier County.
As to the resolution of notice of hearing and reference, Case No.
2009-1, dated for the 21st of January, 2009.
In consideration of the disposition and resolution of the matters
outlined in said Case No. 2009-1, for which a hearing is currently
scheduled for January 21st, 2009, to promote efficiency in the
administrative complaint process, the parties hereto agree as follows:
One: The violations noted in the referenced administrative
complaint are accurate, and I stipulate to their existence.
Therefore, it is agreed between the parties that the respondents
shall :
One: Pay operational costs in the amount of $500 incurred in the
prosecution of this case within 60 days of this hearing.
Two: Pay civil penalty in the amount of $5,000 within 60 days
for Count I, 4.1.11, failure to maintain at all times with an insurance
company authorized to do business in the State of Florida; the limits of
liability and other categories of insurance as required by this
ordinance.
Three: Pay civil penalty in the amount of $1 ,500, within 60 days
for Count II, 4.1.18, proceeding on any job without obtaining
applicable permits or inspections from the city building and zoning
division or the county building review and permitting department.
Four: Serve a probationary period of 12 months in which any
violation of Ordinance 2002-21, as amended, would result in the
immediate suspension of Collier County Certificate 26439, and a
hearing of the violation at the next scheduled Contractor Licensing
Board.
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Five: Successfully complete an approved business and law test
within the 12-month probationary period.
MR. OSSORIO: Mr. Chairman, just for clarity purposes, it's
going to be suspension of Collier County Certificate 13520 as well.
And Donald P. Ricci, Sr. is before you today in Case No. 2009-2 and
2009-1, since we combined them both.
CHAIRMAN JOSLIN: Okay. Isn't there two licenses involved,
though?
MR. OSSORIO: They are. And I thought there'd be the two
certificates.
CHAIRMAN JOSLIN: Okay.
MR. OSSORIO: Unless you want to read both stipulations in the
record.
MR. NEALE: No, just read the one. And since the terms are
identical just have them apply to both.
CHAIRMAN JOSLIN: Okay. So the terms and conditions of the
stipulation will apply to License No. 13520 and also 26439.
MR. JACKSON: Correct.
MR. DICKSON: You said suspended. I thought it was probation.
MR. NEALE: Yeah, it's probation, not suspension.
CHAIRMAN JOSLIN: Probation, right.
MR. DICKSON: Correction. Okay.
MR. OSSORIO: Well, under section four, immediate suspension
of Collier County Certificate ifhe violates within the next scheduled
Contractor Licensing Board. So there is a suspension if he violates
anything under 2006-21, as amended, within a 12-month period.
MR. DICKSON: Okay.
CHAIRMAN JOSLIN: Okay, one other item. In the meantime,
by the stipulation of the 60-day period is to pay the amounts of -- the
fines that are due. What about applying for new permits or gaining
new permits or getting inspections on jobs that may be undergoing
right now. Is this going to be something that we're going to allow to
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January 21, 2009
keep going?
MR. OSSORIO: Well, one of the things under the -- obviously
every single contractor has to get a building permit, and that's
expected. So if he violates something that's grievous or something we
feel he violated at the code under to -- then we will bring it forward to
the licensing board for further action.
But every single contractor knows that before they start work,
especially the Florida Building Code says you have to apply for a
building permit and be issued one by the building official, so -- and
get all inspections and pass all inspections. So that's a given.
CHAIRMAN JOSLIN: Okay, one question for Mr. Ricci and
Mr. Schuck.
Have you obtained workmen's compo insurance and the
longshoreman's insurance you need now?
MR. SCHUCK: Yes, we have.
CHAIRMAN JOSLIN: You have gotten it?
MR. SCHUCK: That's correct.
CHAIRMAN JOSLIN: Okay. And that's on file with staff?
MR. SCHUCK: Yes, sir.
CHAIRMAN JOSLIN: Okay, great.
Okay, this stipulation being read into the record. Then as of now,
we can close the public hearing. And you both gentlemen can have
just a seat right in the front just for a moment.
Right now we're going to go into deliberation with the board
members to review the stipulation, if any changes or additions need to
be done or added.
What's your thoughts, gentlemen?
MR. DICKSON: I move that we follow the county's
recommendation. They know more about it than we do.
CHAIRMAN JOSLIN: We've got a motion to accept the
county's stipulation agreement.
MR. BOYD: Second, Boyd.
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January 21,1009
CHAIRMAN JOSLIN: And I have a second.
Is there any discussion?
(No response.)
CHAIRMAN JOSLIN: No discussion, I'll call for the vote. All
those in favor, signify by saying aye.
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries 5-0.
MR. DICKSON: Now you need your short form.
CHAIRMAN JOSLIN: Yeah, where is it?
MR. NEALE: Because this was a stipulation, I think that in this
particular case just the reading of the stipulation and the fact that the
board voted on it is adequate and I don't think the board has to go
through the full reading and findings of fact, conclusions of law.
Because the board has accepted a stipulated agreement.
CHAIRMAN JOSLIN: We can just enter this--
MR. NEALE: So we'll enter the stipulated agreement. And I'll
draft an order showing that the board has adopted the stipulated
agreement as entered into between the county and the respondents.
CHAIRMAN JOSLIN: Great, okay.
Good luck to you.
MR. DICKSON: I remember those two gentlemen. They've been
around a long time. They're good people. And they were part of that
longshoreman thing when we had all those marine contractors in here.
Yeah, they're just -- there's not many marine contractors left in this
county. We're -- I think you can count them on one hand.
MR. OSSORIO: Well, if you remember, Mr. Dickson, that
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Marco Marine Construction was very focal point about amending our
Collier County ordinance too as well. They wanted it. So it wasn't like
they didn't want it.
MR. DICKSON: Yeah. Well, they're -- I remember those two.
They are good people.
CHAIRMAN JOSLIN: And they do good work. They've been
around a long time.
MR. DICKSON: Yeah.
CHAIRMAN JOSLIN: All right, we have another case before
us. It's Case No. 2009-03. Todd Grup, d/b/a T.A.G. Professional
Carpentry, LLC.
Are you present?
MR. GRUP: Yes.
CHAIRMAN JOSLIN: Would you come to the podium and be
sworn m.
(Speakers were duly sworn.)
CHAIRMAN JOSLIN: Also, I will need a motion to enter the
Case No. 2009-3 into evidence.
MR. DICKSON: Okay, Dickson, so moved.
CHAIRMAN JOSLIN: Second?
MR. GUITE': Guite', second.
CHAIRMAN JOSLIN: Motion and a second.
All in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries.
Once again, we're going to go through the routine with the
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January 21, 2009
opening statements. The county can present its side first and then we'll
go to your side, Mr. Grup.
MR. GRUP: Okay.
MR. GANGULI: Good morning. Investigator Rob Ganguli.
G-A-N-G-U-L-1. Collier County Contractor Licensing.
The summary of this case is as follows: On December 19th,
2008, I, Rob Ganguli, Collier County License Compliance Officer,
made a field observation at a job site at 6080 Dogwood Way in
Golden Gate of carpentry work consisting of installation of roof
trusses on an addition to a single-family home being built under
owner/builder permit 2008062042.
The three workers on-site stated they were employed by T.AG.
Professional Carpentry and provided a business card for Todd A
Grup.
My on-site research revealed a delinquent Certificate No. 26457
issued for cabinet installation contractor.
Further research revealed that Mr. Grup had scheduled the
examinations for roof contractor and carpentry contractor several
times, but had been unsuccessful in passing either test.
This activity construes a violation of Collier County Ordinance
2006-46, Section 4.1.2, which regulations contracting to do any work
outside the scope of his or her competency.
CHAIRMAN JOSLIN: Mr. Tug (sic), would you like to
comment or give your opening statements as to what happened?
MR. GRUP: Yes, I would.
CHAIRMAN JOSLIN: Just a short synopsis now. We're not
going to get into the case just yet. Just a short overall picture of what
went on.
MR. GRUP: Well, I was -- on the day in question I was
contacted by Mr. Ganguli. He called my cell phone and had asked me
if! was working at 6090 Dogwood Way.
And I had explained to Ron that -- or to Rob that I had supplied
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January 21,2009
the guys for the owner, but they don't work for me. And I wasn't
acting as the contractor on that job by any means. The next door
neighbor's a friend of mine, Tim Hayes.
So the way I ended up over there finding out about the project
was I was over there speaking with Tim Hayes. The owner next door
was doing the addition. He came out. Wernet. He was a veteran, I'm a
veteran. He was looking for some carpenters to do the job. I said sure,
I'll help a battle buddy out, and I'll find you some carpenters.
But they don't work for me. I didn't pay them. And I explained
this to Rob. But I couldn't -- there was no communication. There was a
big communication gap between he and 1. So that's why we're here
today.
CHAIRMAN JOSLIN: Okay, we'll go back to Mr. Jackson (sic).
Any evidence or any other witnesses or any other testimony you
want to give that's going to correlate what you're saying?
MR. GANGULI: Mr. Joslin, Mr. Ganguli.
CHAIRMAN JOSLIN: Mr. Ganguli, I'm sorry.
MR. GANGULI: I'd like to present my case, if! may.
CHAIRMAN JOSLIN: You may.
MR. GANGULI: Okay, Board of County Commissioners,
Collier County, versus Todd A Grup, Case No. 2009-3.
Mr. Grup's charged with contracting to do any work outside the
scope of his or her competency as listed on his or her competency card
as defined in this ordinance or as restricted by the Contractors
Licensing Board.
On Friday, December 19th, 2008, I made a field observation at
the previously mentioned address of three workers, Federico Cruz,
Ishmael Mendoza and Jorges Mendoza installing trusses on an
addition to the rear of a dwelling under owner/builder permit
2008062042, issued to a Craig A Layton, who was not working on the
job site at the time of my visit.
When I asked the workers about their employer, they stated they
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16 I;ala~ 21~009
worked for T.A.G. Professional Carpentry, and Mr. Cruz provided a
business card for Todd A. Grup.
My investigation revealed a delinquent Certificate No. 26457 for
cabinet installation contractor issued to Mr. Grup.
My continuing research resulted in no licensing information
being discovered for carpentry.
A phone call was made to Mr. Grup, at which time I stated my
concerns about framework being out of the scope of his license.
During our conversation, Mr. Grup repeatedly inquired about
what I was doing on his job site, insinuating I had no authority to be
conducting an inspection there.
Mr. Grup then responded that he was a business partner of the
Certified Building Contractor Jack D. McNair of McNair Construction
LLC, CBC-059162, and that the three workers performing the
carpentry there were employed by McNair Construction.
In a phone call to verify this, Mr. McNair stated that he was a
corporate officer ofMr. Grup's company but was unaware of this
particular job, was not in contract with the homeowner, and had not
provided any employees to do any work at this location.
A notarized affidavit, included in your evidence packets, was
later obtained from Mr. McNair attesting to the same.
In a phone call to the homeowner, Mr. Layton, he stated that
although no written contract existed, a verbal agreement had been
made with Mr. Grup to perform work on his project for, quote, a few
thousand dollars.
Mr. Layton further stated that he had never been in contract with
McNair Construction, LLC.
A notarized affidavit obtained from Mr. Layton attesting to the
same is also included in your evidence packets.
Prior to the end of the business day on December 19th, 2008,
Mr. Grup appeared at the contractor licensing office and reactivated
his delinquent cabinet installation certificate.
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January 21, 2009
After doing so, Mr. Grup requested a meeting, which was also
attended by Investigator Ian Jackson. In this meeting Mr. Grup
insisted that his business arrangement with Mr. Jack McNair allowed
him to operate in this manner, but he would change any contracts over
to McNair Construction, if it would satisfy the concerns of this office.
On Tuesday, December 23rd, 2008, Mr. Grup again attended a
meeting at the contractor licensing office and was personally served
with a notice of this hearing, which he refused to accept.
Service of this notice was also sent to him via certified mail,
which he also refused.
Mr. Ossorio, if I recall correctly, refusing a certified notice of
hearing is a violation in and of itself. Mr. Grup isn't being charged
with that, I just want it to be on file.
Gentlemen, a similar stipulation as Mr. Jackson presented in the
first case was offered to Mr. Grup prior to this hearing being initiated.
Some of the terms of it, other than the usual operational costs and
fines that are normally imposed, were a six-month suspension of the
certificate and a probationary period after its reinstation. And Mr.
Grup was not interested in any of these terms.
CHAIRMAN JOSLIN: This was a stipulation you tried to make
before he got here?
MR. GANGULI: Yes, sir.
CHAIRMAN JOSLIN: What was that offer again?
MR. GANGULI: The specifics involving his certificate were a
six-month suspension and after reinstatement of the certificate a
probationary period of 12 months.
MR. GUITE': Was there any fines involved?
MR. GANGULI: Yes, sir, the standard fines, $5,000 and $500 in
operational costs were also included in the stipulation.
CHAIRMAN JOSLIN: Okay. Mr. Grup, let's turn it over to you
for a moment, and let's hear the presenting of your case.
MR. GRUP: Well, I would just like to say again that I didn't
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January 21, 2009
contract to do this work. I found him some carpenters. These people
don't work for me. We didn't make a contract.
When the owner was approached, Craig Layton, he was
approached by Michael Ossorio in the tone of, well, if you sign the
affidavit and say that you hired these people, then I'm going to revoke
your license -- or I'm going to revoke your building permit. So of
course he's not going to say that he hired these people.
He paid them. I mean, we have no contract. He's got an $11,000
impact fee on his permit. So he threw me under the bus.
MR. NEALE: If I may note that what Mr. Grup has just offered
is purely at best secondary hearsay. He's testifying to something that
he was told that Mr. Ossorio told to someone else.
MR. GRUP: Well, Mr. Oss -- excuse me, but Mr. Ossorio said
that that's the way he was going to explain it to Mr. Layton. He goes,
well, if Craig comes into this office and signs this affidavit, I'm going
to tell him that we're going to revoke his building permit.
MR. NEALE: Nonetheless, that is hearsay.
CHAIRMAN JOSLIN: Hearsay.
Did you indeed -- Mr. Grup, did you indeed send these people
over to this house to do the work?
MR. GRUP: I found him the carpenters, and they arranged to do
the work.
CHAIRMAN JOSLIN: Did you physically know the person that
they were going to do the work for?
MR. GRUP: No. No, I don't.
CHAIRMAN JOSLIN: So it could be taken -- if that was the
case, it could have been taken, correct me if I'm wrong, but that
gentleman could have been in a sense misled thinking that you were a
contractor that could contract this, and you sent him three or four
people to go and do the work for him.
MR. GRUP: No, I don't believe so. He could not have been
misled.
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16 f Imuary 21,2009
You know, I explained to him, I said sure, it'd probably cost you
a couple thousand dollars in labor. And this is a 1,500 square foot
addition, so --
CHAIRMAN JOSLIN: So what's to tell this gentleman that these
are my guys, they work for me every day --
MR. GRUP: I didn't say that.
CHAIRMAN JOSLIN: -- and I'll send them over there on a
Saturday and Sunday and do the work, and it may cost you a couple
thousand dollars but that's okay.
MR. GRUP: Sir, I wasn't even on the job. I didn't -- they don't
work for me, I merely was helping a battle buddy out. He's a veteran,
I'm a veteran. I thought I would try to help him out. That's the only
reason the occurrence happened.
MR. JERULLE: Rob, the cards that you show in the packet here,
where did you get those cards?
MR. GANGULI: Mr. Jerulle, this particular card was -- or the
photocopy of this card is was what was handed to me when I inquired
of the workers of who they were employed by.
MR. JERULLE: So those workers knew you and probably
worked for you in the past hanging cabinets?
MR. GRUP: No. No, they did not. Those cards were on the job
site on a little ledge in the owner's backyard, and that's where Rob
found them.
These guys don't know me; these guys don't work for me.
MR. JERULLE: Why were your cards on the job site?
MR. GRUP: Because I put them there. They were in my pocket,
so I put them on the job site in the owner's backyard.
CHAIRMAN JOSLIN: But just a moment ago you testified that
you sent these men there --
MR. GRUP: I did.
CHAIRMAN JOSLIN: -- but they don't know you? So you just
picked up two strangers off the street --
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January 21, 2009
MR. GRUP: Listen --
CHAIRMAN JOSLIN: -- and sent them to the job?
MR. GRUP: -- I said they don't work for me. And these guys
were found at Able Body, okay? They're carpenters. People stand
outside of Able Body every day looking for work. All I did was find
these guys for him, give them the address. I didn't transport them, I
didn't pay them. The owner paid them. I did not pay them. The owner
paid them. Actually, the owner had the neighbor pay them.
I have nothing to do with this other than finding him carpenters
that can do the job. And that's the honest to God's truth.
MR. OSSORIO: Mr. Grup, you did testify that you never visited
that site, and then you just said that you were there on the site
dropping off business cards.
MR. GRUP: I was there on the site -- well, I did testify that I
was there. I was there at the neighbor's house, Tim Hayes, speaking to
Tim Hayes. That's how I was approached by Craig Layton. And that's
how I had discovered that there was an addition being built in the
backyard. The yards are connecting. I mean, they live on big lots that
are connecting.
MR. JERULLE: And Tim Hayes paid Able Body? Is that what
you said?
MR. GRUP: Tim Hayes paid the carpenters for Craig Layton.
MR. DICKSON: This is the identical story, the one you told us
before. You remember the last time you were here?
MR. GRUP: I remember the last time I was here for the roofing
work that I did in '04.
MR. DICKSON: Following Hurricane Wilma.
MR. GRUP: It's not the exact story. How is it the exact story?
MR. DICKSON: Well, you didn't know the guys that did the
repair that you repaired on Neapolitan Way, that little old lady who
came in with her granddaughter, until the little old lady testified that
you're the one that did the proposal and you were the one that was
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January 21,2009
strongarming her to --
MR. GRUP: That's absolutely inaccurate. And you can go back
into the records and look, but you're absolutely inaccurate, Mr.
Dickson.
MR. DICKSON: I know, everything you do is absolutely perfect
and you have an excuse for it. And quite honestly, I'm--
MR. GRUP: I don't feel comfortable being ridiculed by you, sir.
I don't think that it's respectful, and I'd like respect here.
CHAIRMAN JOSLIN: Okay, let's stop that comment right now.
MR. DICKSON: I'm not trying to be respectful.
CHAIRMAN JOSLIN: I'm just telling you the facts. You have
been before us, correct?
MR. GRUP: I have one time, yes.
CHAIRMAN JOSLIN: Thank you, that's enough. Let's talk
about this case now.
How about a closing statement, Mr. Jackson -- Mr. Ganguli, I'm
sorry.
MR. GANGULI: No worries.
MR. NEALE: By the way, they still get the opportunity to
cross-examine each other.
CHAIRMAN JOSLIN: Oh, I'm sorry. Yes, you are right.
Is there any questions that you have to ask of Mr. --
MR. GANGULI: No, sir.
CHAIRMAN JOSLIN: Any questions you'd like to ask the
county, Mr. Ganguli?
MR. GRUP: I have no questions.
CHAIRMAN JOSLIN: No more questions?
MR. GRUP: No.
CHAIRMAN JOSLIN: Once again then, we'll go to closing
statements.
MR. GANGULI: Mr. Joslin, my closing is as follows: This is the
second time that Mr. Grup has appeared before the Contractor
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January 21,2009
Licensing Board for a similar violation.
On May 29th, 2008, Mr. Grup also received a $500 citation from
Field Supervisor Allen Kennette after he was again discovered
contracting outside the scope of his license.
In the event that the board concludes that a violation exists, it
will construe the third time that this type of activity has come to the
attention of our office.
I'd like to add to the record that when tested for a certificate of
competency, Mr. Grup received a passing grade of 84.5 on the
business and law examination. This should be considered reflective of
a clear understanding of the privileges and restrictions of the licensing
that he currently holds.
If it is decided that a third violation exists, it presents a
complicated set of circumstances for the county to consider in order to
make a recommendation, and I will abstain from doing so.
MR. NEALE: I would also like to just make a point to the board
at this point in that Mr. Grup, as part of the -- actually, let me wait
until later when the board's considering this matter. Please go ahead.
CHAIRMAN JOSLIN: All right. Closing statement from you,
Mr. Grup? Just to wrap up what's going on.
MR. GRUP: I would just like to again say that I did not contract
the work. There's no contract. I didn't get paid. The owner paid the
men that were working on the job. And this is completely unfair, in
my opinion. And that's about all I can say. So I'm at your mercy. But
that's it.
CHAIRMAN JOSLIN: That's it?
Okay. Nothing else, board members? No other questions?
(No response.)
CHAIRMAN JOSLIN: Okay, at this time then I will go ahead
and close the public hearing. I need a motion to do so.
MR. GUITE': I'll make a motion.
MR. DICKSON: So moved.
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January 21, 2009
CHAIRMAN JOSLIN: So moved and seconded.
All those in favor?
MR. JERULLE: Second. Did somebody second?
CHAIRMAN JOSLIN: Yes.
MR. JERULLE: All right, sorry.
CHAIRMAN JOSLIN: We got a motion and a second. All those
in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries. Public hearing is closed.
You can have a seat, if you'd like. Mr. Ganguli, you can have a
seat.
Just so you know, this is a section where the board now will
deliberate on what's going on in the testimony we've heard.
MR. NEALE: If I may, I'll do my --
CHAIRMAN JOSLIN: Yes, Mr. Neale.
MR. NEALE: -- whole thing with the board here.
In these cases, as is the norm, I try and give the board a little bit
of guidance on how to review the case and the method -- the
applicable way -- methodology to cover the case.
And in this case, the board shall ascertain in its deliberations that
fundamental fairness and due process were afforded to the respondent.
However, pursuant to Section 22-202.G.5 of the Collier County
ordinance, the formal Rules of Evidence as set out in Florida Statutes
shall not apply.
The board shall consider solely evidence presented at this
hearing in the consideration of this matter. It shall exclude from its
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January 21,2009
deliberations irrelevant, immaterial and cumulative testimony. It shall
admit and consider all other evidence of a type commonly relied upon
by a reasonably prudent person in the conduct of their affairs. This is
whether or not the evidence so admitted would be admissible in a
court of law or in equity.
As noted, the hearsay may be used to explain or supplement any
other evidence in this type of case, but by itself it is not sufficient to
support a finding in this or any other case unless it would be
admissible, over objection, in a civil court.
The standard of proof in this type of case where the respondent
may lose his privileges to practice his profession is that the evidence
presented by the complainant must prove the complainant's case in a
clear and convincing manner.
This is a burden of proof on the complainant that's a larger
burden than the preponderance of evidence case that would be in a
civil case or would be in a matter where he does not risk losing his
ability to practice his profession.
The standard in evidence are to be weighed solely as to the
charges set out in the complaint as Ordinance 90-105, Section 4.1.2,
which is contracting to do any work outside the scope of his or her
competency, as listed on his or her competency card and as defined in
this ordinance or as restricted by the Contractors Licensing Board.
In order to show a -- support a finding that the respondent is
actually in violation of the ordinance, the board must find facts that
show the violations were actually committed by the respondent.
The facts must show to a clear and convincing standard the legal
conclusion that the respondent was in violation of the relevant sections
of the ordinance as amended.
These charges are the only ones that the board may decide upon,
as those are the only ones to which the respondent has had the
opportunity to prepare a defense.
Any damages awarded, should the respondent be found in
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16 I 1 January 21,2009
violation, must also be directly related to the charges. They may not
be for matters unrelated.
The decision made by this board today shall be stated orally at
this hearing and is effective upon being read by the board.
The respondent, if found in violation, has certain appeal rights to
this board, the courts and the State Construction Industry Licensing
Board, as set out in the Collier County ordinance and the Florida
Statutes and Rules.
If the board is unable to issue a decision immediately upon the
conclusion of this hearing, because of questions of law or other
matters of such a nature that the decision may not be made at this
hearing, the board may withhold a decision until a subsequent
meeting.
The board shall vote based upon the evidence presented on all
areas, and if it finds the respondent in violation, adopt the
administrative complaint.
The board shall also make findings of fact and conclusions of
law in support of the charges set out in the administrative complaint.
And now the board should go to deliberation, please.
CHAIRMAN JOSLIN: Okay. What is the pleasure of the board?
Any comments, discussions?
MR. JERULLE: Well, in light of what Mr. Neale just said, I
think the county put together a very good case interviewing the owner,
and we have testimony in here from the owner that he's hired Mr.
Grup. I see no evidence from Mr. Grup that he wasn't the contractor.
His friend could have come in and testified. Did not. Or
provided evidence as to who paid Able Body, if in fact Able Body was
the contractor or the workers, and I see no evidence of that.
So I think it's a pretty clear case.
CHAIRMAN JOSLIN: Just so the board members know that
now we are deciding on the Count I of the charge that he be either
guilty or not guilty of the charge first.
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January 21, 2009
Any other discussion?
(No response.)
CHAIRMAN JOSLIN: You don't have to be so silent.
I agree with Mr. Jerulle 100 percent. There's no doubt. This is
the second time this man's been before us. And I'm sure that this
probably did go on. I'm pretty much to the assumption now where I
believe that the man is lying to us, telling us he had no knowledge of
what went on on this job.
So my standing is that I agree with Mr. Jerulle 100 percent, that
it's pretty much cut and dried.
No other discussion, I'll call for a motion.
MR. GUITE': I'll make a motion that we find Mr. Todd (sic)
guilty on Count I, Case No. 2009-3.
MR. BOYD: Second, Boyd.
CHAIRMAN JOSLIN: Motion and a second on the floor. All
those in favor of the motion, signify by saying aye.
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: No opposed. Motion carries 5-0.
All right. Now that he's been found guilty, the penalties. The
county itself has -- I'm sorry, Mr. Neale, go ahead.
MR. NEALE: As the respondent was found in violation of the
ordinance, the board shall consider and order sanctions under the
following parameters as set out in Collier County Ordinance and in
Florida Statutes, Chapter 489.
The sanctions which may be imposed are: The suspension of the
Collier County or city Certificate of Competency. Suspension of a --
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January 21, 2009
revocation of a Collier County or city Certificate of Competency.
Denial of the issuance or renewal of the Certificate of Competency. A
period of probation of reasonable length, not to exceed two years,
during which the contractor's contracting activities shall be under the
supervision of the Contractors Licensing Board and/or participation in
a duly accredited program of continuing education directly related to
the contractor's contracting activities.
Any period of probation or continuing education program
ordered by the Contractors Licensing Board may be revoked for cause
by said board at a hearing noticed to consider said purpose.
The contents of said notice shall be substantially as provided for
in the Collier County ordinance, and the service of said notice shall be
as provided in the Collier County Ordinance.
Evidence that either of these methods of service had been
utilized shall be sufficient to show that the notice of hearing
requirements of the section have been met.
Restitution may be ordered; a fine not to exceed $10,000 per
violation; a public reprimand; a reexamination requirement; denial of
the issuance of Collier County or city building permits or requiring
issuance of permits with specific conditions; and reasonable
investigative and legal costs for the prosecution.
In imposing these sanctions upon someone who's found to have
violated the Contractors Licensing Board shall consider all the
evidence presented at the hearing, as well as, number one, the gravity
of the violation; number two, the impact of the violation on the public
health, welfare or safety; number three, any actions taken by the
violator to correct the action; number four, any previous violations
committed by the violator; and number five, any other evidence at the
hearing by the parties relevant as to the sanction which is appropriate
for the case, given the nature of the violation and the violator.
CHAIRMAN JOSLIN: With that said --
MR. NEALE: I have one further thing.
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January 21, 2009
The board shall also issue a recommended penalty for the State
Construction Industry Licensing Board. And that includes a
recommendation for no further action, suspension, revocation or
restriction of the registration, or a fine to be levied by the state.
CHAIRMAN JOSLIN: Again, with that said, what's the pleasure
of the board? Any ideas, suggestions or discussions on this -- on a
motion?
Bear in mind that the gentleman has been found guilty of Count
1.
MR. JERULLE: I have a question to some of the members of the
board that have been here longer than I have.
He was offered something by the county and refused. What has
the board done in the past?
MR. DICKSON: We haven't had these offers in the past.
CHAIRMAN JOSLIN: No. This is probably one ofthe first ones
I think we've ever had where the county's --
MR. GUITE': This is the first I remember.
CHAIRMAN JOSLIN: -- made an offer.
MR. DICKSON: I like it and they're doing it because they're so
busy.
MR. NEALE: There's a couple of points on that. Number one, I
think the board should treat any offer of settlement as being something
to not be considered in this. It wouldn't be considered in a normal
legal case, and so it shouldn't be considered here. The fact that
someone accepted or rejected an offer of settlement has nothing to do
with the outcome of this case. Because anyone is free to reject any
offer of settlement in any kind of case in order to exercise their due
process rights for a hearing.
CHAIRMAN JOSLIN: I understand.
I think the penalties should be something that is going to be an
eye opener, there's no doubt. Only because this is the second time.
MR. JERULLE: Can we ask Mr. Ossorio what his
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January 21, 2009
recommendation is?
CHAIRMAN JOSLIN: You sure can.
Mr. Ossorio, do you have any comments or any
recommendations? I believe there were some that were given by Mr.
Ganguli.
MR. OSSORIO: Well, there's the first recommendation not to
proceed with the state, due to the fact that Mr. Grup is a locally
licensed cabinet installer that the state doesn't regulate, so there would
be nothing forwarded to the State of Florida.
Our recommendation is that he serves a six-month suspension, a
$5,000 fine, paid within two months. $500 investigation cost.
CHAIRMAN JOSLIN: Okay. There's some ideas, gentlemen.
Still open for discussion.
MR. JERULLE: I agree with Mr. Ossorio. I would add a
probationary period, though, to what he just suggested.
CHAIRMAN JOSLIN: At least a year.
MR. NEALE: As the board can consider past violations and past
penalties, Mr. Grup, in his previous case, which was Case 2006-04,
which was decided on February 15th of 2006, the board at that point
imposed a two-year period of probation upon him.
CHAIRMAN JOSLIN: And when was this again, 200--
MR. NEALE: This was his 2006 case.
CHAIRMAN JOSLIN: So he's just barely off probation from the
last case.
MR. GRUP: Can I make a comment about that 2006 --
CHAIRMAN JOSLIN: No, I don't need to hear from you
anymore, thank you.
MR. GRUP: You're welcome.
CHAIRMAN JOSLIN: Mr. Dickson, you're awful quiet.
MR. DICKSON: You don't want to hear what I want to say.
CHAIRMAN JOSLIN: Sure I do.
MR. JERULLE: This was filed in 2008. So this happened during
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January 21, 2009
his probationary period.
MR. NEALE: No, the probationary period expired February
15th, 2008.
MR. JERULLE: Oh, February. Excuse me. I stand corrected.
MR. DICKSON: County's being very lenient.
CHAIRMAN JOSLIN: Uh-huh. That's why I wanted to hear
your comments.
MR. BOYD: Well, the troubling part is that after we fined him
in 2006, if you read the back of his business card, it says complete
renovation specialist, commercial, residential, new construction,
remodeling, additions, which doesn't fall under his license.
MR. GUITE': I'm surprised it doesn't say highrises on there.
CHAIRMAN JOSLIN: The other thing that really upsets me is
that --
MR. JERULLE: That's a very good point.
CHAIRMAN JOSLIN: -- if you really stopped and looked at the
pictures inside of this pamphlet -- inside of our packet, there's some
pretty serious trusses going on here.
MR. GUITE': Yeah, it's not just a couple trusses --
CHAIRMAN JOSLIN: I mean, we're not talking about a couple
pieces oflumber being put up. We're talking about two guys he picked
up off the street that went and did this? I don't think so.
I mean, Mr. Dickson, you do this all the time, you know? It
probably takes you a lot longer to train somebody just to hammer nails
rather than do all this.
MR. JERULLE: There's not a lot of bracing on those trusses
either, from what I can tell.
MR. DICKSON: Did you pull the permit? Just curious.
MR. OSSORIO: On this particular job?
MR. DICKSON: Yeah.
MR. OSSORIO: There was a building permit for an addition by
an owner/builder, yes.
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anuary 21, 2009
MR. DICKSON: Did you pull it? I mean, did you --
MR. OSSORIO: Oh, no, we did not pull the building -- no, we
did not. I believe --
MR. GUITE': Has it been inspected?
MR. OSSORIO: I believe the homeowner came in -- I'm
speculating, but I believe Rob Ganguli had the conversation with the
homeowner that they hired, he actually hired a carpentry company to
go in there and do the work. But I'm not sure. But I think that's exactly
what happened. He eventually hired a licensed company to complete
the work.
MR. DICKSON: Okay.
CHAIRMAN JOSLIN: Completion of the work. But was that --
were these pictures derivative of the pictures that were taken after the
work that --
MR. OSSORIO: No, the pictures were taken on the day of the
investigation by Rob Ganguli.
CHAIRMAN JOSLIN: Okay.
Any other thoughts? I'm still waiting. Just say it out. Let's hear
it.
MR. DICKSON: I'm not chairman.
CHAIRMAN JOSLIN: I understand that.
MR. DICKSON: This is my day to be quiet.
CHAIRMAN JOSLIN: I know, but I'm not supposed to make
motions, you are.
MR. DICKSON: Well, you've got three other--
CHAIRMAN JOSLIN: Anyone else here--
MR. DICKSON: -- people that can make motions.
CHAIRMAN JOSLIN: -- thinking the same way? This penalty
we're talking about now with the recommendations from the county, is
this something that is it -- is it going to be enough?
MR. GUITE': No.
CHAIRMAN JOSLIN: No? What can be added to it, gentlemen?
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January 21,2009
MR. GUITE': I would almost say double it and I'd be happy. I
mean, it's just again and again and again, it's the same people coming
back up here doing the same thing.
And this one's -- we had the shutter company that was doing the
work and they weren't pulling the permits. Well, at least they were
doing the work that was in their scope of business. This guy's doing
work that's not even in his scope. And it's just not right.
CHAIRMAN JOSLIN: And he's advertising it.
MR. GUITE': Exactly.
CHAIRMAN JOSLIN: Majorly.
MR. GUITE': And he's inactive, with no workmen's compo
MR. GRUP: If! might interject, I'm partners with a state
certified building contractor. T.A.G. Professional Construction, Jack
McNair and I are partners. And Jack is a state certified building
contractor. I don't know if you guys are aware of that.
MR. JERULLE: It doesn't say that on this card, though.
MR. GRUP: Doesn't say what, sir?
THE COURT REPORTER: I can't hear this conversation--
MR. NEALE: Yeah, ifhe's going to give testimony, which he is
doing, he has to be on the mic. and has to be on the record.
CHAIRMAN JOSLIN: Exactly. And we don't need to hear this,
do we?
MR. GUITE': The testimony's closed.
CHAIRMAN JOSLIN: The business card pretty much speaks
for itself. And the Todd A. Grup is your name, I'm sure, so that's
enough for me.
You want to make a motion to that?
MR. GUITE': Yeah, I'll make a motion.
MR. GRUP: The business is qualified by --
CHAIRMAN JOSLIN: Excuse me, sir --
MR. GRUP: -- a state certified building contractor.
CHAIRMAN JOSLIN: -- we've heard enough. Thank you.
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January 21, 2009
MR. GUITE': I'll make a motion that we fine Mr. Grup $10,000,
with a $500 fee for the county for the investigative purposes. And I'm
going to say just revoke the license. Because he's just coming off
probation less than a year ago.
CHAIRMAN JOSLIN: Got a motion on the floor for a $10,000
fine, $500 in operational costs, and his license is revoked.
Do I hear a second?
MR. JERULLE: What does that mean? May I ask a question of
the motion?
CHAIRMAN JOSLIN: That means that his license as of today is
revoked.
MR. JERULLE: Does that mean, Mr. Ossorio, he can never be
licensed in anything, or just his cabinet license is revoked?
MR. OSSORIO: Well, when you revoke his certificate, that
means his cabinet license is going to be null and void. Mr. Grup can
apply for a license -- a different license, carpentry or reapply for a
cabinet, but he would have to go in front of the licensing board for
approval.
We have -- we've had in the past revoked somebody's license
and within a year they've come back to the licensing board and we
have granted them the certificate.
CHAIRMAN JOSLIN: In the same trade?
MR. OSSORIO: Yes, I believe so.
MR. NEALE: Yeah.
CHAIRMAN JOSLIN: So that means his license would be
revoked, he pays a $10,000 fine. We'll give it a time period, probably,
within a certain period of time. And a $500 operational cost to hear
this case and do what we have to do.
MR. JERULLE: Could we -- are we saying that we're going to
amend the motion that he cannot come back and apply for a new
license within --
MR. GUITE': No, he can come back and apply.
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1611A- 4f?
January 21, 2009
MR. JERULLE: -- within a certain time period.
MR. NEALE: Yeah, you can't --
CHAIRMAN JOSLIN: Right, we can't restrict, I don't believe.
MR. JERULLE: You cannot do that.
MR. NEALE: You can't say that he cannot come back and
apply. He essentially automatically has leave to apply.
But as Mr. Ossorio correctly points out, any future applications,
because of the revocation, would certainly be referred to this board.
MR. JERULLE: To this board.
MR. DICKSON: I like your motion, because he's tried numerous
times to get a roofing license, he's tried numerous times to get a
carpentry license. He just doesn't pass the test. The cabinet license he
has he doesn't use, because he's doing this other stuff.
So by revoking the cabinet license, you're basically doing him a
favor, because you're going to put him into a study mode, and he can
take that test at Gainesville any time he wants to and get one of those
other licenses. And then at least we've got him legal.
So I second.
CHAIRMAN JOSLIN: Got a motion on the floor and a second.
Any discussion further?
MR. GUITE': Do we need to put a time on the 1O,000?
CHAIRMAN JOSLIN: Want to put a time on it? It's your
motion.
MR. GUITE': Well, I'll be lenient there and give him six months.
And not -- I'd like to see some within -- like every 30 days some paid
on it.
CHAIRMAN JOSLIN: Okay, so we could break the 10,000
down into a six-month period is what you're saying?
MR. GUITE': Right. Six equal monthly payments.
MR. JERULLE: Do we have a second, or do I need to--
MR. DICKSON: I seconded it.
CHAIRMAN JOSLIN: Yeah, it's already been seconded.
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16 1 1 January 21, 2009
I'm just trying to figure out equal increments. Maybe Pat Neale
can determine what the equal payments will be. Of equal payments for
six-month period--
MR. GUITE': Just six equal monthly payments.
CHAIRMAN JOSLIN: -- to equal $10,000.
MR. GUITE': Yes, that will do it.
CHAIRMAN JOSLIN: I've got a motion and a second. All those
-- I'll call for the vote, ifthere's any (sic) more further discussion.
All those in favor, signify by saying aye.
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: None opposed. Motion carries five to
nothing.
Okay. Now, Mr. Neale, I'm going to need the -- I suppose the
final order of the board. Did you print it out for me yet?
MR. NEALE: I'll e-mail it to you again. We'll get this printed
up.
CHAIRMAN JOSLIN: In the case of Board of Commissioners
versus Todd A. Grup, d/b/a T.A.G. Professional Carpentry, LLC, Case
No. 2009-3, License No. 26457.
This cause came on or before public hearing before the
Contractors Licensing Board on January 21st, 2009 for consideration
of the administrative complaint filed against Todd A. Grup, d/b/a
T.A.G. Professional Carpentry, LLC.
And the service of complaint was made in accordance with
Collier County Ordinance 90-105 as amended.
The board, having heard this hearing under testimony, under
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16 I 1 January 21,2009
oath, received evidence and heard arguments respective to all
appropriate matters. Thereupon issues its finding of fact and
conclusions oflaw and order ofthe board as follows: That Todd A.
Grup, d/b/a T.A.G. Professional Carpentry, LLC is the holder of
record of License No. 26457, and that the Board of County
Commissioners of Collier County, Florida is the complainant in this
matter. That the board has jurisdiction of the person of the respondent
and that Todd A. Grup was present at the public hearing and was not
represented by counsel at the hearing on today's date.
All notices required by Collier County Ordinance No. 90-105, as
amended, have been properly issued and were personally delivered.
Respondent acted in a manner that is in violation of Collier
County ordinances and is the one who committed the act. That the
allegations of fact as set forth in the Administrative Complaint as to
Count I, 4.1.2, contracting to do any work outside the scope of his or
her competency as listed on his or her competency card, as defined in
this ordinance or as restricted by the Contractors Licensing Board, are
found to be supported by the evidence presented at the hearing.
The conclusions of law alleged and set forth in the
Administrative Complaint as to the Count I are approved and adopted
and incorporation (sic) herewith: To wit, the respondent violated
Section 4.1.2 of Collier County Ordinance 90-105, as amended, in the
performance of his contracting business in Collier County by acting in
violation of the sections set out in the administrative complaint with
particularity.
Order of the board: Based on the -- excuse me. Based upon the
foregoing findings of fact and conclusions of law and pursuant to the
authority granted in Chapter 489, Florida Statutes, and Collier County
Ordinance No. 90-105, as amended, by a vote of five in favor and zero
opposed, a majority vote of the board members presents, respondent
has been found in violation and (sic) set out above.
Further, it is ordered by a vote of five in favor and zero opposed,
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January 21, 2009
a majority vote of the board members present, that the following
disciplinary sanction and related order are hereby imposed upon the
holder of contractor's certificate of competency License No. 26457.
And that is -- as of to day's date, Todd A. Grup ofTA.G. Professional
Carpentry, LLC is ordered to pay a $10,000 restitution fine --
MR. NEALE: Not restitution, it's a fine.
CHAIRMAN JOSLIN: I'm sorry, $10,000 fine to be paid in a
period of six months in equal increments for the next six months until
-- every 30 days until the entire balance is paid off. Along with $500
in operational costs, which will be paid within the next 30 days.
And that also that License No. 26457, belonging to Todd A.
Grup, d/b/a T.A.G. Professional Carpentry, LLC, that license is
hereby revoked.
And that's the order of the board. And that ends Case No.
2009-003.
Okay, anything else going on, gentlemen? Any reports or
anything? Anybody has anything to say?
I only have one small item just to mention, okay? Through my
diligent efforts of I guess trying to find out things that go on in Collier
County and through conversation I've heard in the field, I know that
there was some conversation here a while back about the county
closing down certain portions of the county. That -- and closing down
to a 32-hour workweek. Which I believe that in some cases I think it's
-- in some ways it's good, in some ways it's not. I think in the case of
licensing, I think the licensing department really needs to be out in the
field now 10/7 -- 24/7. And thank the commissioners for allowing one
of the new investigators to be on board now, which gives us just a
little more power while we're out there in the field.
I did hear this past week, though, that that thought, that
terminology as far as going to that 32-hour work week has been tabled
for the moment. I just want to make it a record that it is out there in the
open, and if anyone has any discussions or thoughts on it, I'd like to
Page 73
1611 ~anu~ 21,2009
hear about them.
And the next meeting date I guess will be February 18th, right
here in the same building, 2009.
And I just need one more motion to adjourn.
MR. GUITE': Make a motion to adjourn.
MR. BOYD: Second.
CHAIRMAN JOSLIN: All in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. DICKSON: Aye.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11: 10 a.m.
COLLIER COUNTY
CO)'JTRACTOR LICENSING BOARD
. .
rK ' /0 /1
:/' idtL1Wtff
RICHARD J SLIN, Chairman
These minutes approved by the board on
as presented or as corrected
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 74
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FIala
Halas
Henning
Coyle
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16 i kEiEI~D
JAN 3 0 2009
~
Collier County Government
Productivity Committee
Board of' County Commissioners
Meeting Agenda
County Manager's Conference Room
August27,2008
2:00 P.M.
I. Introduction
A. Call to Order-Larry Baytos, Chairman
B. Approval of the June 18, 2008 Productivity Committee Meeting minutes
II. Old Business
A. Impact Fee Discussion-Larry Baytos and Amy Patterson
B. County Facilities Discussion (carry-over from May 21'sl Core Functions ilem)-Larry
C. Discussion Regarding Cape Coral's Lean Government Initiatives-Larry
D. Update from the EMS Subcommittee-Janet Vasey
III, New Business
A. Biodiesel Proposal Discussion-Jim Van Fleet
IV. Comments/Announcements
V. Public Comment
VI, Adiourn-The next meeting will be held on Sept 17, 2008 at 2:00pm,
County Manager's Conference Room Mise, Cooes:
Date: O'6/tO /D3'
Ilem#:J ~I(l)AS
Copies 10
1 6 I lA 5
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - August 27,2008, 2 p.m.
Members Present: Larry Baytos, John Barlow, Syd Blum, Brad Boaz, Gina Downs,
Doug Fee, Jim Gibson, Michele Harrison, Steve Harrison, Joe Swaja, Janet Vasey and
Jim VanFleet
Members Absent: There were no members absent
BCC Liaison: Commissioner Fiala was not in attendance,
Staff Present: Crystal Kinzel, Clerk's Finance; Carol Golightly, Sheriff's Office; Len
Price, Administrative Services; Dan Croft, Director Fleet Management; Amy Patterson,
Impact Fee Manager; Paula Fleishman, Impact Fee Coordinator; Kim Grant, Senior
Management Consultant; Michael Sheffield, Assistant to the County Manager; Barbetta
Hutchinson, Office of Management and Budget
Others Present:
Larry Baytos called the meeting to order at 2:00 p,m,
Approval of the June 18. 2008 Productivity Committee Meetina minutes, Janet Vasey
made a change to the minutes to replace "EMSAC" with "Productivity Committee" in the
first paragraph, Joe Swaja motioned to accept with the change, Janet seconded and
the group voted unanimously to approve the minutes of the meeting of June 18,
New Business:
Biodiesel Discussion, Jim Van Fleet reviewed his research proposal with the group,
He feels that a great deal of taxpayer dollars could be saved on fuel if alternative
methods of fuel production would be implemented, The schools alone use 750,000
gallons of fuel a year and this could result in a big savings to the county, The research
would include biodiesel fuel and ethanol production, Dan Croft from Fleet added that
there are three municipalities in Florida producing biodiesel fuel from restaurants and
soy oil. Starting costs for a small production would be around $200,000, John Barlow
said that he could connect the group with an expert in this area, Jim motioned to form a
subcommittee, Joe Swaja seconded and the vote was 9 to 1 approving the formation of
the subcommittee. The subcommittee will consist of Jim VanFleet, Joe Swaja, Syd
Blum and Doug Fee,
1611ti 5
Old Business:
Impact Fees. Larry Baytos spoke to the group regarding impact fees and the fact that
impact fee indexing will begin in October. The Board of County Commissioners has
voted that growth will pay for growth, John Barlow said that after some analysis he
found that impact fees for last year were between 40-50% of total revenue, Discussion
was made about tax dollars not coming in as expected and how we need to look at
level of service as a way of reducing costs, Janet asked everyone to give thought to
what happens if impact fees are cut. Where does the money come from to pay for
debt? Do we cut the level of service? Cutting impact fees does not seem to be a good
idea if there is no other source of revenue, Discussion was made about sending a letter
to the BCC with several different recommendation options regarding impact fees:
3,
Recommend no changes and keep indexing policy as it is now,
Vote - 5 for (John, Gina, Janet, Doug, Brad)
Maintain current impact fees and implement no new increases,
Vote - 5 for (Syd, Steve, Larry, Jim, Joe)
Roll back to the 2007 level.
Vote - 0
Restate the recommendation from last year - none except roads,
Vote - 1 (Michele)
1,
2,
4,
Due to the lack of a majority for any of the options, the group agreed to wait and see
what the indexing shows before any recommendation be sent. Amy reviewed the
status of the impact fee indexing, She will be back to the committee on October 15th to
review the numbers with the group before the AUIR process begins,
Lean Government. Steve Harrison recapped the Cape Coral presentation and their
Kaizen method to streamline processes and get buy-in from their workers, Kim Grant
said that her CBPE group has been looking for pockets of improvements since January
and has had some successes, The CBPE could possibly do the kaizen training, Steve
Harrison motioned that a letter be written to the County Manager that recommends the
kaizen process be considered for those departments that have significant reduction in
staff or where the administrator wants to try the program, Gina seconded and the group
unanimously approved, Steve will compose the letter and forward to Mike Sheffield,
Update from EMS Committee, Janet said the draft report will be out tomorrow, She
motioned that the committee not get involved in the fire department consolidation unless
they are asked, Gina Downs seconded and the group unanimously approved,
Sunshine Seminar - Mike Sheffield reminded members that the Sunshine Seminar is
being held on September 15th
Adiournment: Doug Fee motioned to adjourn the meeting, Joe Swaja seconded and the
group unanimously approved, The meeting was adjourned at 4:05 p,m,
1 6: 1'1 A 5
Next Meetinq: The next regular meeting of the Productivity Committee Meeting will be
held at 2:00 p,m, on Wednesday, September 17, 2008, This meeting will be held in the
County Manager's Conference Room on the 2nd floor of the W, Harmon Turner Building
(Administration Building F),
,/1) -:l
K "lA, (j(
Approved by
161 1 "! 5
RECEIVED
JAN 3 0 2009
MEMORANDUM
Board of County CornmistMn"'rs
DATE: January 29, 2009
TO: Sam Tucker
FROM: Barbetta Hutchinson, Executive Secretary, OMB
SUBJECT: Productivity Committee Meeting Minutes and Agendas
Enclosed for your information and files are the Productivity Committee's Regular Meeting
agendas and minutes of August 27. September 17, October 15, November 19 and December 17,
2008. Also included are signed minutes of the County Core Functions subcommittee meetings
held on April 23, May 6, 2008 and the signed minutes of the Impact Fee Review subcommittee
from the meeting held on December 6,2007; the Alternative Policy Approaches for Impact Fee
Subcommittee minutes from the meeting on December 3, 2008; the minutes of the EMSAC and
Productivity committee joint subcommittee on review of the EMS Master Plan held on February
19 and August 28.
Please do not hesitate to contact me at 252-8973, or Mike Sheffield at 252-8569, should you have
any questions,
C: Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
Crystal Kinzel, Finance Director
John Yonkosky, Office of Management and Budget Director
Collier County
Office of Management and Budget
3301 Tamiami Trail, East
Naples, FL 34112
Voice: (239) 774-8973
Fax: (239) 774-8828
Fiala
Halas
Henning
Coyle
Coletta
1i.
( / I
Collier County Government
Productivity Committee
16 ('1 A 5
RECEIVED
JAN 3 0 2009
~
Meeting Agenda
County Manager's Conference Room
September 17, 2008
2:00 P.M.
Board of county Commissioners
I. Introduction
A. Call to Order-Larry Baytos, Chairman
B. Approval of the Aug. 27, 2008 Productivity Committee Meeting minutes
C. Acceptance of the Aug, 28, 2008 EMS Subcommittee Meeting minutes
II. Old Business
A. Presentation of the Final Report from the EMS Subcommittee-Janet Vasey
III. New Business
A. Brief Overview-Annual Update and Inventory Report (AUIRj-Mike Basi
IV. CommentslAnnouncements
A. Term Expirations (Feb. 2009)
John Barlow
Larry Baylos
Syd Blum
Gina Downs
Jim Van Fleet
B. Subcommittee Chairs must sign approvedlaccepted subcommittee meeting
minutes
V. Public Comment
Mise, Corres:
VI, Adiourn-The next meeting will be held on October 15, 2008 at eiQPpm,
County Manager's Conference Room
Item#:
Copies to
1611 A 5
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - September 17,2008, 2 p.m.
Members Present: Larry Baytos, John Barlow, Syd Blum, Brad Boaz, Gina Downs,
Doug Fee, Jim Gibson, Steve Harrison, Janet Vasey and Jim VanFleet
Members Absent: Joe Swaja and Michele Harrison were excused,
BCC Liaison: Commissioner Fiala was in attendance,
Staff Present: Carol Golightly, Sheriff's Office; Dave Stedman, EMS; Jeff Page, EMS;
Michael Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of
Management and Budget; Mike Bosi, Comprehensive Planning,
Larry Baytos called the meeting to order at 2:03 p,m.
Approval of the AUQust 17. 2008 Productivity Committee MeetinQ minutes, Janet Vasey
made a motion to approve the minutes of August 17 and Syd Blum seconded the
motion, The group voted unanimously to approve the minutes,
Acceptance of the AUQust 28, 2008 EMS Subcommittee MeetinQ Minutes, Syd Blum
motioned to approve and Janet Vasey seconded. The group voted unanimously to
approve the minutes.
Old Business:
EMS Subcommittee Final Report: Janet Vasey reviewed the EMS project that was
completed on September Sm She told the group there would be only one more set of
minutes from the EMS Subcommittee for the Productivity Committee to accept The
EMS Report was reviewed section by section with discussion of each, Some of the
areas of discussion were: new revenue sources, adding new EMS units, priority
medical dispatch and recommendations for EMS units in the FY09 budget. Chief Page
was available for questions, Janet motioned to approve and submit the final report to
the Board of County Commissioners, Gina Downs seconded the motion and the group
voted unanimously, Mike Sheffield will see that the approved report is forwarded to
each county commissioner and the county manager before the next budget hearing
scheduled for Oct 18th,
Biodiesel Discussion. Jim Van Fleet withdrew his motion to follow-through on the
biodiesel project, Larry Baytos seconded and the group unanimously agreed that this
project should not be undertaken by the committee at this time,
161'1 A 5
New Business:
AUIR Review: Mike Bosi reviewed the calendar for the AUIR process with the group,
He will coordinate sub-committee meetings with Mike Sheffield, Janet Vasey told the
group she would not be able to be chairman of the subcommittee because of medical
reasons, but would do whatever she could,
Term Expirations: Mike Sheffield passed out a list of term appointments and expiration
status, He told the members that they must reapply if their term is expiring,
Adiournment: Gina Downs motioned to adjourn the meeting, Syd Blum seconded and
the group unanimously approved, The meeting was adjourned at 4:10 p.m,
Next MeetinQ: The next regular meeting of the Productivity Committee Meeting will be
held at 2:00 p.m. on Wednesday, October 15,2008, This meeting will be held in the
County Manager's Conference Room on the 2nd floor of the W, Harmon Turner Building
(Administration Building F),
~
j
1~'" 1
~ '\ v/
REC~IVED
JAN 3 0 2009
FIat8
Ha'a~ ~
H, ,.,..19
Coyle
Coletta
! /'.
\ \'" ~
'f!+ I/,)/1
1/
v
Collier County Government
Productivity Committee
Board of County Commissioners
Meeting Agenda
County Manager's Conference Room
October 15, 2008
2:00 P.M.
I. Introduction
A. Call to Order-Larry Baytos, Chairman
B. Approval of the Sept. 17 , 2008 Productivity Committee Meeting minutes
II. Old Business
A. Impact Fee Indexing (Gov Buildings, Law Enforcement, EMS, Library, Dependent Fire,
Schools)-Amy Patterson
B. Discussion Regarding AUIR Subgroups
III, New Business
IV. Comments/Announcements
V. Public Comment
VI, Adiourn-The next meeting will be held on November 19,2008 at 2:00pm,
County Manager's Conference Room
Mise, Corres:
Date:
Item.:
Copies to:
16 f1 A 5
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - October 15, 2008, 2 p.m.
Members Present: Larry Baytos, John Barlow, Brad Boaz, Gina Downs, Doug Fee, Jim
Gibson, Michele Harrison, Steve Harrison and Joe Swaja,
Members Absent: Syd Blum and Janet Vasey were excused,
BCC Liaison: Commissioner Fiala was in attendance,
Staff Present: Carol Golightly, Sheriff's Office; Amy Patterson, Impact Fee Manager;
Michael Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of
Management and Budget; Mike Bosi, Comprehensive Planning,
Larry Baytos called the meeting to order at 2:01 p,m,
Approval of the September 17, 2008 Productivitv Committee MeetinQ minutes. Larry
Baytos made a motion to approve the minutes of September 17 and Joe Swaja
seconded the motion, The group voted unanimously to approve the minutes.
Old Business:
Impact Fee Indexinq: Amy Patterson reviewed the proposed indexing for 2008. Fees
have gone up due to 10 year averaging, Larry Baytos gave a PowerPoint presentation
with questions regarding impact fees and their growth over time, Collier County has
some of the highest impact fees in the nation, He stated that declining revenue is
reflective on declining building and unemployment He asked the group if impact fees
are too high and whether they think they will affect future building, Larry will forward his
presentation to Mike Sheffield to send to all committee members, After much
discussion on the impact fees, Larry motioned that the Productivity Committee
recommends to the Board of County Commissioners that they defer a decision on any
adjustment of impact fees until such time as the methodology can be reassessed, Brad
seconded. The group voted unanimously to approve the motion, Mike and Amy will
write a letter to the BCC asking for more time to adequately review the methodology
and data,
AUIR Sub-Qroups: Mike Basi reviewed the AUIR scheduling and the group decided
who would attend the different subsections, Larry will take the lead in Janet's absence,
16/11\ 5
Leaque of Women Voters: Larry Baytos will be speaking at a meeting of the League of
Women Voters about the Productivity Committee and what they do,
Adiournment: Joe Swaja motioned to adjourn the meeting, Michele Harrison seconded
and the group unanimously approved. The meeting was adjourned at 4:05 p,m.
Next Meetinq: The next regular meeting of the Productivity Committee Meeting will be
held at 2:00 p.m, on Wednesday, November 19, 2008, This meeting will be held in the
County Manager's Conference Room on the 2nd floor of the W, Harmon Turner Building
(Administration Building F),
16' 1 A
Collier County Government
Productivity Committee
v
~ECEIVED
JAN 3 0 2009
Fiala
,-,. '
Board of CQunty Commissioners
-t, ~.I ,.r Meeting Agenda
Fiala- ~ ytV:i~ounty Manager's Conference Room
Halas I November 19 2008
. ' ,
Henrnng 2:00 P.M.
Coyle ~ :
Coletta
I. Introduction
A. Call to Order-Larry Baylos, Chairman
B. Approval of the Oct 15, 2008 Productivity Committee Meeting minutes
II. Old Business
A. Discussion Regarding the Productivity Committee's Impact Fee Indexing
Methodology Study
III. New Business
A. Transportation Impact Fee Review-Nick Casalanguida, Director, Transportation
Planning
IV. Comments/Announcements
V. Public Comment
VI, Adiourn-The next meeting will be held on December 17, 2008 at 2:00pm,
County Manager's Conference Room
Mise, Corres:
Date:
Item#:
Copies to
16-"1 A 5
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - November 19,2008, 2 p.m.
Members Present: Larry Baytos, John Barlow, Brad Boaz, Gina Downs, Doug Fee, Jim
Gibson, Michele Harrison, Steve Harrison and Joe Swaja, Janet Vasey attended by
phone,
BCC Liaison: Commissioner Fiala was in attendance,
Staff Present: Amy Patterson, Impact Fee Manager; Paula Fleishman, Impact Fee
Coordinator; Norman Feder and Nick Casaluiguida, Transportation; Michael Sheffield,
Assistant to the County Manager; Barbetta Hutchinson, Office of Management and
Budget
Others Present: Steve Tindale and Nilgun Kamp of Tindale-Oliver;
Larry Baytos called the meeting to order at 2:05 p,m.
Approval of the October 15, 2008 Productivity Committee Meetinq minutes, Joe Swaja
made a motion to approve the minutes of October 15 and John Barlow seconded the
motion, The group voted unanimously to approve the minutes,
Old Business:
AUIR - Larry Baytos suggested that the committee not be involved in these meetings in
the future,
Impact Fee Indexinq and Methodoloqv Study: At the BCC meeting last month the
commissioners agreed that the Productivity Committee perform a study of indexing and
methodology of impact fees, Steve Tindale gave an overview of the project Steve said
that he would help the group in any way he could, The method we are using to
calculate fees right now will not have the results that we want because the process
takes 2 to 3 years to catch up,
New Business:
Transportation Impact Fee Review: Nick Casaliguida gave a presentation on the study
update. They also prepared a study to determine how many miles people were actually
driving. This was blended with older studies and Florida studies as well. Since the last
indexing, the cost has dropped about two million dollars per road mile. Impact fees are
coming down but retail fees are going up, Steve Tindale spoke to the group regarding
the impact fees, the demand component. the cost per lane mile, construction cost
trends and calculation methods, He explained that Collier County is higher than other
16 , 1 ~ 5
counties because of utilities and urban interchange costs which are unique to Collier
County, This trend is now coming down to put us more in line with the rest of the state,
Much discussion was made regarding the costs of interchanges, road construction,
relocating utilities, costs of adding lane capacity and vehicle miles traveled, The
consultant has done an extreme amount of documentation and has much information
and staff notes substantiating the reasoning behind the findings, He also had slides
showing the changes in net impact fees and ratios between retail and office, Nick said
he is not a bid component of impact fees, but if you want to cut the fees you have to find
an alternative source of revenue,
John Barlow addressed the group giving a presentation called "Impact Fees - Under the
Microscope". He reviewed impact fee revenue by year of controlled funds. What if we
discounted the impact fees 10-15% across the board? What would happen? It would
encourage new building temporarily until we move them back up, Commissioner Fiala
would like to suggest that the vacated buildings have no impact fees if someone moves
(whether it is the same type of business of not) into them at least for a year so that we
can start filling this buildings before they become a detriment to the community,
Norman doesn't want to see us pull back because it takes 7 or 8 years to bring a project
into being, Whatever we do, if we don't provide the funding, we are creating a giant
backload of time and dollars, John said that there is an enormous amount of money
that needs to be paid back, We don't want to jeopardize our bond ratings by not being
able to repay these loans,
First issue: Is the Transportation Impact Fee feasible? The second: Should we be
raising fees? Larry Baytos said that Mr. Tindal's presentation shows we are
demonstrating that our cost of building roads is about the same as other counties, His
trip studies had higher results than what we expected and were averaged to our
satisfaction, Most felt the study was a well thought-through computation, The group
commented on the study and asked specific questions which he answered, Overall, the
committee was pleased with the result of the study. Janet Vasey commented that she
feels it is very defensible, She is concerned about the plans of the Florida legislature to
roll-back the impact fees by 25%, She feels if we back down now on impact fees, we
may be sorry later. The general consensus is that the Productivity Committee should
support the transportation review, Brad Boaz and Steve Harrison feel the impact fees
should be lowered to match the lower costs,
A representative from the Chamber of Commerce and its Board of Directors are very
involved in trying to help the county to be the best place it can be,
Joe Swaja motioned to accept the transportation proposal. Jim Gibson seconded, The
group voted, Brad and Michele voted no, All others voted aye. The motion passed,
Larry Baytos suggested that sub-committee be formed to review alternative sources of
revenue other than impact fees and reducing expenses to become more efficient.
Commissioner Fiala said that the Commissioners would eagerly receive any
suggestions on ideas for revenues, Larry volunteered to chair the sub-committee, Gina
16 rl A 5
Downs, Janet Vasey, Jim Gibson and Doug Fee volunteered to join him, Larry made a
motion to form a sub-committee to come up with recommendations for possible different
policy approaches for impact fees, Joe Swaja seconded and the group unanimously
agreed,
Indexina Impact Fees - Since last year's transportation indexing we've been thinking
about the way they are done and whether this is the correct way. There has been much
concern about land values going down and making sure that we don't want to charge
too much, A two year average was used to come up with the most recent numbers,
Steve Harrison said that there will be a much higher level of delinquencies on ad
valorem dollars, Contingency plans are necessary and the BCC has one in the works
and another constitutional officer is working on a plan, These need to be put on the
front burner. John pointed out that there is debt amounting to over $300M, We need to
watch this and be aware of whether our banks will back us, He feels we need to have
these issues put on our agenda, If the PC will write a letter to Commissioner Fiala, she
will make the suggestion to the other commissioners. Steve will draft the letter.
Public Comments: Leanne Graziani.
Adiournment: Gina motioned to adjourn the meeting, Michele Harrison seconded and
the group unanimously approved, The meeting was adjourned at 5:05 p.m,
Next Meetina: The next regular meeting of the Productivity Committee Meeting will be
held at 2:00 p.m, on Wednesday, December 17, 2008, This meeting will be held in the
County Manager's Conference Room on the 2nd floor of the W, Harmon Turner Building
(Administration Building F),
Fiala {;,~ /11L-
Halas
Henning 'T
Coyle
Coletta
oilier County Government
Productivity Committee
16 l~l A R~CEIVED
.IAN 3 0 2009
v
Roard of County Commissioners
Meeting Agenda
County Manager's Conference Room
December 17, 2008
2:00 P.M.
I. Introduction
A. Call to Order-Larry Baytos, Chairman
B. Approval of the Nov,19, 2008 Productivity Committee Meeting minutes
C. Acceptance of Dec, 3, 2008 Subcommittee to Consider/Recommend
Possible Alternative Policy Approaches for Impact Fees
II. Old Business
A. Follow-up from the Subcommittee to Consider/Recommend Possible
Alternative Policy Approaches for Impact Fees-Larry
B. Discussion Regarding the Productivity Committee's Impact Fee Indexing
Methodology Study-Larry
III, New Business
A. Recommendations (to the BCC) for Appointment/reappointment of members
to the Productivity Committee
IV. Comments/Announcements
Advisory Board Member Mileage Reimbursement- On 11/18/08, the BCC passed
Resolution 2008-341 authorizing the reimbursement of mileage expenses for
advisory committee members who travel in excess of 20-miles round trip to attend
regularly scheduled advisory committee meetings, (See Instructions for
reimbursement in agenda packet),
V. Public Comment
VI. Adiourn-The next meeting will be held on January 21, 2009 ~ €:8~~fD,
County Manager's Conference Room 5 ' 5,
Date:
Item t:
~
16 ri:l' ~ 5
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - December 17,2008, 2 p.m.
Members Present: Larry Baytos, John Barlow, Syd Blum, Brad Boaz, Gina
Downs, Doug Fee, Jim Gibson, Michele Harrison, Steve Harrison, Joe Swaja and
Janet Vasey,
BCC Liaison: Commissioner Fiala was in attendance,
Staff Present: Amy Patterson, Impact Fee Manager; Paula Fleishman, Impact
Fee Coordinator; Nick Casalanguida, Director Transportation Planning; Crystal
Kinzel, Clerk of Courts; Michael Sheffield, Assistant to the County Manager;
Barbetta Hutchinson, Office of Management and Budget
Others Present: p, Thomas Abraham, Philip Brougham, Leanne Graziani,
Shannon Wayne Holland, James Hoppenstedt, Larry Magel, William J,
O'Connor, Frank Zhou.
Call to Order: Larry Baytos called the meeting to order at 2:04,
General Announcements: Larry Baytos thanked Commissioner Fiala for her
attendance at this year's meetings as advisor to this group. He also informed the
group that Mike Sheffield has taken on additional responsibilities and the group
should take that into consideration so as not to give him more work than
necessary, Janet Vasey will also be honored for her 10 years of service as a
volunteer to the county on January 13th
Approval of the 11/19/08 Productivity Committee Meeting Minutes. Joe
Swaja motioned to approve the minutes, Jim Gibson seconded and the group
unanimously approved,
Acceptance of the December 3, 2008 Sub-committee meeting minutes to
Consider and Recommend Possible Alternative Policy Approaches for
Impact Fees. John Barlow motioned to accept the minutes, Joe Swaja
seconded and the group unanimously approved.
OLD BUSINESS:
Follow-up from the Subcommittee to Consider/Recommend Possible
Alternative Policy Approaches for Impact Fees. Larry Baytos recapped the
meeting held on December 3rd He sent out a read-ahead (included in the packet
_ item IIA), The main recommendation is that the full committee should decide
whether to recommend keeping the fees as they are or provide temporary relief
for fees. Janet Vasey re-worded and requested changes be made in section one
1611'1-\ 5
of the memo and reviewed her suggestions with the group, She listed several
reasons for keeping the current fee policy, John Barlow suggested that the
group reduce impact fees at least temporarily, Steve Harrison suggested that we
invite a land development manager to look at the problem and give his opinion
and maybe we should suspend fees for a year or two until the economy comes
back, Amy Patterson stated the BCC instructed staff to research the subject and
give them the results of the study, Commissioner Fiala stated that sales tax was
suggested, but it didn't work, Collier County has kept people working - so impact
fees have been very helpful. Syd Blum said that people are willing to pay impact
fees because they want to be here, What would happen if we cut the fees
temporarily? It would give the perception that the county is doing something to
make things better, care about the unemployment rate and care about the people
of Collier County, Brad Boaz asked the other committee members what they
thought about the impact fees not going down when the cost per lane mile went
down? Nick Casalanguida said that all other studies until the current one have
used lane miles west of 951, In the past we have used an artificially low trip
length, Our current trip length studies are in line with all other counties in Florida.
He suggested that alternative funding sources be considered,
An executive summary is going to the board in January to ask for adoption of the
study that has been done, He recommends going back to the 2007 rate for one
year and see what happens, Gina Downs asked that since Collier County has
projects ready to go, how will the money be used? Nick said that the projects will
be prioritized by the Board, Commissioner Fiala said that we may have the
highest impact fees in the state, but we have no county sales tax and a low
property tax, Michele Harrison said that reducing impact fees will make a huge
statement Brad said that the committee needs to see a long term plan,
Gina made a motion to make a recommendation to rollback the impact fees to
the December 31,2007 level for one year except for roads, Syd Blum
seconded, Janet asked how much would it be per home if we rolled back to this
level. Amy said it is not a significant dollar amount. The motion failed with a
vote 4 (Syd, Gina, Jim and John) to 7 (Larry, Joe, Steve, Brad, Michele, Doug
and Janet), Brad proposed a motion to roll back to December 31, 2007, prior to
the indexing, for all categories for a minimum of 2 years, Joe Swaja seconded,
Motion passed with the vote of 8 (Syd, Jim, John, Larry, Steve, Brad, Michele
and Joe) to 3 (Janet, Doug and Gina), Larry will write the letter and include
Janet's suggestions as stated. Gina asked the letter be sent out for review
before it is sent Mike Sheffield said that because of the Sunshine Law, he
recommended against sending it out for all members to review and comment
back. Therefore, Larry made a motion that the Chairman be granted authority to
draft a memo to give to the BCC for their action on January 13th Second by Syd
Blum, All were in favor with the exception of Gina Downs,
16,
lA
.t;
5
Discussion Regarding the Productivity Committee Impact Fee Indexing
Methodology Study. The general feeling is that the committee will hold off on
their recommendation until after the meeting on January 13th, This will be the
meeting that will give direction to where the board is going, John asked how
much we spend on indexing studies, Amy answered about $70,000 per study,
She also told the group that Tindale-Oliver is very available to us and is very
supportive of our needs, Once we see what happens in January, the number of
studies may be revisited, At the next meeting the group will determine their
direction.
NEW BUSINESS:
Recommendations for Appointment of members to the Productivity
Committee: Larry recapped those applying for re-appointment Mike passed
out a ballot containing each application, Each member will mark 5 applicants
that they would like appointed, All candidates appear to be qualified to hold a
position on the committee. Janet Vasey asked Lenne Graziani about the letter
that she included with her application regarding a pending legal matter with the
county, Leanne said it was still pending, Mike Sheffield said that if the
committee chooses her to be in the top five, that the BCC would determine
whether or not it there is a conflict of interest Janet and Mike agreed that this
legal matter need not be taken into consideration by the Productivity Committee,
A list will be given to the commissioners of those who received the largest
number of votes in January, Each candidate in attendance was given an
opportunity to speak to the group, those being: p, Thomas Abraham, Philip
Brougham, Leanne Graziani, Shannon Wayne Holland, James Hoppenstedt,
Larry Magel, William O'Connor, and Frank Zhou, Current members who applied
were also given the opportunity to speak, The committee members were asked
to choose 5 names on their ballots, the votes were recapped and the following
individuals received the largest number of votes: Barlow-9, Baytos-B, Downs-B,
Holland-5, O'Connor-5, Zhou-4, Hoppenstedt-4, Magel-4, Blum-3, Abraham-1,
Graziani-1, Brougham-1, and Fay-O,
Joe motioned to send the top five names to the Board of County Commissioners,
Larry seconded and the group voted unanimously.
Public Comment: Larry Magel indicated that he is a member of the Coastal
Advisory Committee; he spoke regarding consultant fees and his disagreement
with an opinion of an employee of the Purchasing Department Mike will inform
the Purchasing Department of Mr. Magel's concern, Commissioner Fiala
suggested that studies be done in house where possible and keep people
working,
1611 ~ 5
Adjournment: Joe Swaja motioned to adjourn the meeting, Syd Blum seconded
and the group unanimously approved, The meeting was adjourned at 4:07 p,m,
Next Meeting: The next regular meeting of the Productivity Committee Meeting
will be held at 2:00 p,m, on Wednesday, January 21, 2009, This meeting will be
held in the County Manager's Front Conference Room on the 2nd Floor of the W,
Harmon Turner Building (Administration Building F),
'iala
~alas
~enning
:;oyle
::;oletta
16 11 ARESEIVED
JAN i 0 2009
RECEIVED
AUG 1 2 2008
,'';''''''',.1.
tioard of County COmmissioners
""'11/\/ '-o/YIil1i~'::,i:':(1pr"
COLLIER COUNTY GOVERNMENT
RGENCY MEDICAL SERVICES ADVISORY COMMITTEE (EMSAC) and
PRODUCTIVITY COMMITTEE EMS MASTER PLAN REVIEW
Minutes - February 19,2008
Productivity Committee Members Present: Janet Vasey. Steve Harrison, Larry Baytos
and Joe Swaja.
EMSAC Members Present: Victoria DiNardo. Nancy Lascheid and Mike Murphy.
Staff Present: Alan Drescher, Mark Willis, Artie Bay, Jeff Page, Jennifer Florin from
EMS; Mike Sheffield, Assistant to the County Manager and Barbetta Hutchinson, Office
of Management and Budget.
Others Present: Ilene Stackel, Naples Daily News.
1. Call to Order
Nancy Lascheid called the meeting to order at I :07 p.m.
2. Review of the Master Plan Review performed by EMSAC
Nancy stated that the main mission of EM SAC is patient welfare. Three areas ofthe
report were discussed:
A Feasibility
B. Financial
C. Improvements
3. Discussion of the EMS Master Plan
Discussion was made within the group regarding insurance payments, electronic
filing, reluctance in the reduction of EMS units, fire district consolidation and an
Ave Maria emergency clinic.
Janet Vasey will draft a letter from the joint sub-committee for submission to the
BCC containing the results of the committee's discussions:
. Reasons for funding shortfalL
. Reductions in patient care and service impacts,
. Relationship between service calls, reduced anlbulance transports qnd the
potential reduction in EMS units. MISC, Corres:
. Fire District Advanced Life Support (ALS) units,
iL--
Page 1 of2
"','>,r.ins to
16, 1 H 5
. Additional EMS cost reductions such as replacing overtime with regular time
unfunded employees and reducing incentives and capital terms.
. New revenue sources such as a $500 fee for response to auto accidents, an EMS
fee added to auto and boat tags, cost recovery from drunk driver restrictions fees,
a hazardous materials cost recovery charge, a Municipal Services Taxing Benefit
Unit (MSTBU) for new growth units.
. Unfunded units' impact on ambulance response time goal of 8 minutes 90% ofthe
time.
. Stationing unfunded units to better achieve improved response time.
The subcommittee will volunteer to the BCC to:
.
Review the FY 08 and FY 09 EMS budgets to identify potential cost reductions
and revenue enhancements.
Assist in determining the impact of the four unfunded EMS units (24 employees)
improving response times.
Look for other potential financial trade-offs within the county budget, specifically
lower priority programs that could be reduced or eliminated to reallocate funding
to EMS for health and welfare services to the community.
~'
.
.
4. Adjourn
The meeting was adjourned at 3:02 p.m.
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Page 2 of2
~:l:s 16 , 'It. A c:. Cr"E_IVED
Henning J1 ' ", -..1 .
Coyle ~ ,:, 2009
C:Jletta ~
- <:'.J ' Board of County Commi '
EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) , SSloners
SUB-COMMITTEE AND PRODUCTIVITY COMMITTEE SUB-COMMITTEE
Friday August 28, 2008
COLLIER COUNTY EMS HEADQUARTERS
2705 South Horseshoe Drive, Naples, Fl 34104
9:30 A.M.
EMSAC District 1- Victoria DiNardo, Present
EMSAC District 4- Nancy Lascheid, Present
Productivity Committee - Janet Vasey, Chairman, Present
Productivity Committee - Steve Harrison, Present
Productivity Committee - Joe Swaja, Present
Productivity Committee - Gina Downs, Present
Staff Present:
Jeff Page, Chief
Dan Bowman, Deputy Chief
Artie Bay, Operations Analyst
Dave Stedman, Database Administrator
Jennifer Florin, Administrative Assistant
Audience Present:
No audience present
Meeting was called to order by Chairman Janet Vasey,
Motion to adopt to agenda; passed unanimously
Motion to adopt minutes from July 3rd; passed unanimously
Janet asked that one change be made to the August 8th minutes, On the second paragraph
of the 5th page she asked that it be clarified the "fire consolidation study", Motion to
adopt minutes with the addition; passed unanimously.
Wrap-Up Master Plan Issues
Janet asked if anyone had anything additional to add before we got into the draft final
report, Chief Page stated that Dr. Tober read the draft report and subsequently had a
phone conversation with Janet on it. He has also asked that we provide the group with
some data on the ALS engine program and the training requirements, Chief Page stated
that one of the reasons this is coming up now is that just recently we held a testing for the
City of Naples paramedics. This test was specifically geared to test their knowledge and
make sure they were at least on an intermediate level in regards to their trMiM~e
reason the City was chosen was because none of their medics have sat befor...12r. Tober
for certification. Chief Page stated that this test was both written and practical~hly :2 uf
ltem#:
::opies to
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1 6
J.: 1" 1 A
5
Page 2
their 14 medics passed the test. This means that they cannot man their own ALS engine
and have had to down it. We do however have an ALS engine in the city that we man,
but the other is staffed with their medics, He stated that we have been working with the
City for the last few weeks to get that engine back up because per the agreement they are
required to have two ALS engines up 24 hours a day. He stated that we have offered to
do an additional swap and put our personnel on the truck; and we have asked Chief
Murphy of the City of Marco if he would be willing to allow one of his guys to work in
the City of Naples to help them; and neither one has happened yet. The City of Naples is
very busy at the moment with contract negotiations, so this is being made secondary,
The other component to this is per the agreements the tire department medics that work
the ALS engines have agreed to do a certain amount of training to keep up their ability to
work under Dr. Tober's license. One of the things they agreed to is to attend 75% of the
in-service training provided by Dr. Tober. County medics have to attend 100%. Chief
Page stated that they are not complying with that. In some instances there are medics that
have attended zero meetings. The other component is an online course. It usually takes
about an hour and there is some material to read and a test at the end, They are also not
up to date with those, The issue and the reason this is all being brought up is that the
draft report suggests that we rely heavily on the ALS engines, and he wants the group to
know that we can't always do that. And specifically that two ALS engines do not equal a
transport unit.
The packets that are being handed out have a cover page that explains all the material
behind it in the backup, It reviews not only the training, but the types of procedures they
are doing also, Chief Page added that quite often they are just giving oxygen. Rarely do
they start an IV, and almost never are drugs administered, They don't get the opportunity
because there are not that many occurrences where they would need them, and even those
few instances, we are not that far behind,
Nancy asked who has the governance on the non-compliance, Chief Page stated that
ultimately it is Dr. Tober's decision. Dr. Tober did deal with the issue at the City of
Naples by telling them that they are not allowed to man that one ALS engine until they
are up to speed with the training, Chief Page stated that this agreement was agreed upon
by the Cities councils, the independent fire district councils and the BCe. He stated that
he wants to give them every opportunity to comply. Nancy asked about the time frame
of them being out of compliance. Chief Page stated it has been two years since these
agreements have been complete, Everyone was in agreement that the liability they are
facing is huge, and they are appalled at these results. Chief Page stated that Dr. Tober did
have to work today, but he is available by phone if anyone wants to speak with him.
Gina asked if Chief Page knew why they were reluctant to do the training, Chief Page
stated that he really didn't know. Steve thought that maybe it wasn't paid time. Janet
stated that what really bothered her was the one hour test that they aren't doing. She felt
that it shouldn't be that hard to tind one hour while on duty to take a test. Steve asked
Chief Page if we make employment contingent upon taking the training, Chief Page
stated that we will pull people off the road if they don't attend in-services and/or if they
don't keep up with the online tests (Healthstream), Vicky asked if this information and
requirements was built into their contract. Chief Page stated yes, it was, Deputy Chief
1611 A 5
Page 3
Dan Bowman asked if he could give a little background into the contract. Dan gave a
description of the timeline of meetings and who was involved with creating the training
matrix. He also stated that some departments are showing an effort and trying to attend
meetings and do their online classes, but others are not. He also stated that there is only
one paramedic that works for the fire districts in the county that is 100% compliant, and
he works on Marco Island,
Dan stated that he wanted to review at least the cover page with the group. He started by
saying that this is a preliminary report for training and operations; while its main focus is
training. The cover page has each district listed and their training status of compliance or
non-compliance, He stated that the reason this is labeled preliminary is because he has
given this information to all four of the districts on August I I th to allow them the
opportunity to respond, He stated that he has heard from some of them stating that they
feel the data is incorrect; however they haven't submitted anything additional to add,
Dan added that he didn't see how they were going to make up the in-services that have
been missed. The online classes you can go back and complete if you missed them, but
some of these people haven't attended an in-service training in two years,
Steve asked about the districts mileage rate, and whether they get some portion for being
ALS, He stated that if they aren't in compliance they shouldn't get that. Janet stated that
she thinks they individuals receive a pay incentive for having the initial education to
become a paramedic. Nancy stated that according to this report, that's not acceptable.
Janet agreed and stated that we can't control the fire commissions however this would
make for a good argument as to why are they receiving this incentive if they aren't
keeping up with the training. Chief Page stated that he asked that same question to Chief
McEvoy of the City of Naples Fire. He asked him why he didn't take away the incentive
if they can't pass the tests, His response was that it is in the contract that if they have a
state paramedic license, they get the incentive.
Nancy asked what Dr. Tober wanted the group to do, In other words, how can they help?
Dan stated that he has been running these reports for Dr. Tober because this matrix has a
sunset of October 2008, It was agreed that at that time the Matrix was initially approved.
everyone would get back together and look at the matrix and decide what has worked,
what hasn't worked, and rewrite it if necessary, Chief Page stated that basically Dr.
Tober has asked us to bring all this information to you because he feels it is important
based on the conversation he had with Janet. Janet wanted to describe their conversation
a little, She stated that after Dr. Tober saw the draft report and called her. His main
concern was that the ALS engines and the EMS units were not interchangeable, One of
his other concerns was that the fire departments are really there for fire. And when
there's a fire they all go to that fire, and in turn it creates a ripple effect in the response
times, He was also concerned that they don't get the amount of experience required
because there aren't that many incidents. Janet stated that she feels the reason the fire
departments are in the medical field is because there aren't any fires for them to fight.
She also stated that overall she feels they are over equipped. She added that she has
always thought there should be a way to count them toward meeting the demand, but now
she is thinking otherwise. Dave stated that the risk you run when counting them is not
just the compliance issue, but what if say North Naples decides to pull out of the program
\~Il~
5
Page 4
all together. We would then be in such a deficit in that area that it would take a very long
time to get back up to speed,
Chief Page stated that another risk that we run by counting on them so heavily is that if a
fire department does decide to get out of the program, and we have moved all of our
resources away from that area, they could then go back to their citizens and say that EMS
doesn't have the resources needed and that the fire district now needs to provide their
own transport. He stated that he feels they are looking for a fire-based EMS service and
that this happens all the time around the country, He also added that if we could
consolidate all this would go away, because there would be one person responsible,
Gina stated that she would like to take this report to Jorge Aguilera and Chief Brown
from North Naples Fire and ask them to explain it. She stated that she would want to get
their side of it.
Chief Page stated that there have been some other instances of concern with the fire
departments. For example, recently North Naples was providing an EMT in the swap
program that wasn't licensed with the State of Florida. He had his national registry
paperwork, but never got his state of Florida license, He added that we had to self report
to the state, and the tire department was upset because they thought it could be handled
in-house, However, state statute requires that we have to report violations like these,
Steve asked Janet where the final report would go next. Janet stated that once we are
finished with it, it would back to each council to approve and then to the County
Commission, Steve added that maybe we should add some language to the report to
make it conditional of their compliance, He felt that it needed to be recognized that it's
not as simple as counting them into the calculations. Joe stated that wouldn't include
them at all, and boldly state that we cannot include them because we have no confidence
they are equivalent to an EMS unit personneL He added that they can still be there, but
we cannot count them against response time or for planning purposes, Chief Page stated
that he thinks they are valuable. and we need to count them in the response times, or we
will be behind again, Janet added that she thinks Joe meant to not include them in the
population figure,
Janet stated that she had some changes to the report that she would like to go over. She
added that as a group they can decide if they want to disclose any of the information they
just learned. She stated that what she had prepared was a change in general terms so that
it didn't get into specifics, Janet reviewed her changes with the group, They included
spelling changes, and a few minor wording changes, Gina asked if page 5 would be the
appropriate place to start adding some provisions to their certifications. Chief Page stated
that certification to the fire districts means just having the state license, and not the
additional training that is required by the medical director. There was also some
discussion about taking this packet to the commissioners. Joe stated that this should be
brought to their attention because they should never be blind sighted, Steve suggested
saying that there is difficulty including fully the ALS engines because of the limited
experience they are exposed to as well as the lack of continuing education training,
16J1A
5ge5
Gina stated that she is a little worried that we received this report at the last minute, and
the group is thinking of changing everything without getting the other side of the story,
Chief Page stated that he isn't asking the group to change any decision, Gina added that
she wants to change it, just with some additional facts first. The other worry from the
group is how this all relates to the Master Plan, Janet stated that the change in wording
recognizes the ALS engines as a safety net and allows us to count their response times.
She feels the decision is whether the group wants to raise the flag on some of the
problems that exist today, She stated that she also agreed with Gina and we should get
the other side of this before we put something in writing. Nancy stated that she feels we
shouldn't procrastinate on this, She asked if everyone could make a meeting next week.
Janet stated that she didn't have a problem meeting next week as long as everyone would
have the time to do research, She also added that this can't go any faster than the end of
next month because it would have to go before both full committees, Chief Page stated
that this group is the first to see this report. He will be giving it to Mr. Summers as soon
as the meeting is over, and he expects that Mr. Summers will be giving it to Jim Mudd.
Dan stated that this is just one report that he is doing for Dr. Tober. There are others
including a quality assurance report, patient care reporting, and also an operational report,
Joe asked if they would get to see those reports, Dan stated that they could see anything
they wanted. The quality assurance report for example will be a report on the process,
and not the actual run reports, Steve stated that in his private industry they have what
they call peer reviews, and he asked if we had anything similar, Chief Page stated that
the QA reviews are like that, however state statute protects such reports from the public,
Joe stated that he feels that until the ALS engines are in compliance and considered equal
to EMS units, they shouldn't be counted in response times, Janet stated that she
disagreed, but Joe wanted to explain. He stated that in a private business they were
having a problem with response and customer satisfaction, so they hired a bunch of
people who could get to the customer quickly; however they weren't equipped or
qualified as the other crews that came next. He stated that his customer satisfaction level
suffered greatly because of it. He feels that if they aren't the same, they shouldn't be
counted as such, Janet stated that the reason she feels they should be counted is because
of the 1710 document that looks for basic support to arrive in 4 minutes. She stated that
they are arriving and providing at least basic support, so they should be counted for that.
What is in question here is the ALS capability. Chief Page clarified by stating that the
document allows for an 8 minute ALS response only if you have a first responder with
and AED there in 4 minutes. If we weren't to count them, then we would have to be
there in 4 minutes, Vicky stated that our exposure and liability is high because what if
someone from the fire department was to treat someone and there then be an
investigation; only to find that that person wasn't qualified, Chief Page stated that as part
of the states investigation on the North Naples issue we may be required to refund all of
those 43 transports where that non-licensed individual was present, and also notify the
patients that they didn't receive the appropriate level of response.
Janet stated that she didn't have any more changes, but she wanted to bring everyone
attention to the last page of the report, She stated that the last section of the report was
the recommendation that has already been to the commissioners, but she added an
addendum to this report to specify which units it will most likely be downed, She stated
that it's important to add that in because in October the turn back money is allocated, and
~ (, , 1 !~ P~ 6
if the commissioners have a problem with these two units, they need to know before that
happens.
It was the consensus of the group that we ask Dr. Tober to attend the next meeting. Since
Dr. Tober was available on Wednesday afternoon, and that was ok with everyone else
(with the exception of Steve), it was decided that we would have the meeting at 1:00pm.
Janet told Steve that if had specific questions to ask Dr. Tober that we could do that for
him. He stated that the only question would be how hard or how soft to address this. He
stated that he agrees with Joe in that they should be taken out of the equation all together,
and that would put the most heat on them to correct it Janet stated that she felt the heat
will come when it gets out how badly they have managed the program, and haven't kept
up their end of the deaL
Gina asked Chief Page he is feeling differently, and didn't want this to get out to the
commissioners. He responded by saying that he will immediately be giving this to Dan
Summers, and he expects that the County Manager will have it within a few hours after
that He stated that he would really like for Dr. Tober to be able to sit down with the
commissioners either individually or in a workshop setting to explain all of this.
Sometimes it's hard to get your point across when you hand them all this paper, because
they just have so much going on all the time.
Dan stated that he feels that once this gets to them, there will be opportunities created to
remedy this. However the point is that there has been apathy for two years now, Dave
stated that even if they were to fix everything tomorrow, this is still a good illustration of
why we can't include them completely.
Vicky stated that she is in East Naples's district. and she may be able to at least touch
base with them on these issues,
It was agreed that Gina, Joe and Vicky would try to reach their respective districts before
Wednesday,
Meeting adjourned.
Respectfully Submitted.
Jennifer Florin
Date Adopted:
9 /;/0 ~
,
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Chai" I SubCommittee Mem r Signature
Fiala
Halas
Henning
Coyle
Coletta
',#/J
\i/
RECEIVII6 I 1 Jkc~ED
JAN 3 0 2009 AUG 1 2 2008
Board of County Commissioners
Board of County Commissioners
COLLIER COUNTY GOVERNMENT
COUNTY CORE FUNCTION STUDY SUBCOMMITTEE
MEETING MINUTES
April 23, 2008
Productivity Committee Members Present: Larry Baytos, Gina Downs, Jim Gibson,
Joe Swaja and Jim Vanfleet
Staff Present: Kim Grant, Senior Management and Operations Consultant; Mike
Sheffield, Assistant to the County Manager and Barbetta Hutchinson, Office of
Management and Budget
Others Present: Anthony Fernandez, Clerk of Courts Office.
1. Call to Order
Larry Baytos called the meeting to order at I :30 p.m.
2. Commence the Study
Jim Vanfleet was elected Chair of the Subcommittee by a motion from Gina Downs,
a second from Joe Swaja and a unanimous group vote.
Larry Baytos asked the group to have their study done and ready to present to the
Productivity Committee by May 23rd in order that it can be given to Jim Mudd by the
beginning of June,
The group decided to focus on these four divisions:
Administration - Larry Baytos
Public Services - Jim Vanfleet
Community Development - Jim Gibson (Kim Grant will give her CDES study to Jim
for his review)
Transportation - Gina Downs (Mike Sheffield will send the Transportation report to
Gina)
Management Offices will be reviewed at a later date. (Joe Swaja will be gone for 3
weeks)
3. Next Steps in the Process
Larry passed out a report from the library and asked the group tOM\~ ~me
template for their findings in order to have consistency, ' 1. I I
Date 00 [V D9
Item#l~I0A5b
~",~ tn
Page 1 of2
16 1'""1 A 5
Department heads should prioritize two ways - the top 15 things that are as priority
and the top 15 things that are not a priority. taking into consideration what is and is
not mandated by law or statute since those things must be done. Mike Sheffield will
send a letter from Jim Mudd to the division administrators that clearly states the
objectives and that the project is endorsed by the County Manager.
Kim Grant asked the group to consider the possibility of some central form of
financial and budget services because this will be one of her projects in the middle of
the year.
Larry passed out budget book pages for each division and asked everyone to send
their drafts to Mike Sheffield when ready so that he can bring copies of all to the
. M 6th
next meetmg on ay .
4. Public Comment - None
5. Adjourn
Larry motioned to adjourn the meeting at 2:35 p.m. Joe seconded and the group
unanimously approved.
u~
c.hl\,r
Page 2 of2
i ' f/
Fiala ~'(."-"'~'
Halas /
Henning _
Coyle '~
Coletta /
REl6\1El A R~E1VED
JAN 3 0 2009 AGG 1 2 2008
[\(lard of County Commissioners
Board of County CommiSSioners
COLLIER COUNTY GOVERNMENT
COUNTY CORE FUNCTION STUDY SUBCOMMITTEE
MEETING MINUTES
May 6, 2008
Productivity Committee Members Present: Larry Baytos, Gina Downs, Jim Gibson,
and Jim Vanfleet.
Staff Present: Kim Grant, Senior Management and Operations Consultant; Mike
Sheffield, Assistant to the County Manager and Barberta Hutchinson, Office of
Management and Budget.
Others Present: Crystal Kinzel, Clerk of Courts Office.
1. Call to Order
Jim Vanfleet called the meeting to order at 1 :30 p.m.
2. Approval of Minutes from April 23
The minutes of the meeting from April 23, 2008 were approved by the group.
3. Progress Report
Gina Downs reported that she met with Norman Feder. He gave her his priority list.
She left him with questions regarding where the big savings would be found in his
department.
Jim Gibson reviewed his findings in CDES, He passed out a copy of his Core
Functions Review Study and said he feels that the department has done a good job of
managing down. Some of his suggestions were that all grant monitoring activities
should be moved to Administrative Services and that the County should give
consideration to doing a study of the economic development programs in regards to
effectiveness of the programs as well as an organizational review. He will work on
some mapping in preparation for the next meeting,
Larry Baytos met with Len Price and talked about insurance and instituting a
building hiatus. He handed out a report containing some of the preliminary
observations. He also informed the group that the County does have a policy
regarding working from home that should be more utilized. He handed out a draft
copy of his Proposed Government Buildings Five Year Hiatus report. He asked
about impact fee structures for government buildings,
Mise, Corres:
Jim Vanfleet reported that he had discussions with department heads revolving
around staffing. He brought up the lack of research libraries an<ll* ample
Item#'
Page 1 of2
~;Gp:es to
.
11 A
5
....b
availability of beach reading which reflects the population type. He asked questions
about volunteer programs such as Friends of the Library, which contributes
donations to the libraries, but do not necessarily volunteer their time to staff them.
He said that his strategy was to meet with department heads before he meets with the
Administrator.
4. Next Steps
Jim asked the group to finalize their comments, putting "draft" on the pages and send
them to Mike Sheffield before the next sub-committee meeting on Monday, May
19th. Mike will include copies of the draft reports in the packet for the meeting.
5. Adjourn
Larry motioned to adjourn the meeting at 2:45 p.m. Gina seconded and the group
unanimously approved.
um
Chli.r
Page 2 of2
Fiala~' r RECEIVED RECEIVED
Halas IPAi
Henl'ling , JAN 30 2009 AUG I 2 2008
g~~:a r /" So"r<i 01 (;o"n'y Cornm,s"oneraloard of C~unty Commissioners
U COLLIER COUNTY GOVERNMENT 16 1 1 A 5
PRODUCTIVITY IMPACT FEE REVIEW SUBCOMMITTEE COMMITTEE
Minutes - December 6, 2007, 1 p.m.
Members Present: Brad Boaz - Chair, Michele Harrison, Georgia Hiller, Janet Vasey
and John Barlow.
BCC Liaison: Commissioner Henning was in attendance.
Staff Present: Amy Patterson, Impact Fee Manager; Paula Fleishman, Impact Fee
Coordinator; Amanda Townsend, Operations Analyst Public Services; Joe Schmidt,
Administrator CDES; Michael Sheffield, Assistant to the County Manager; Barbetta
Hutchinson, Office of Management and Budget;
Others Present: Marci Sanders, Operations Director of Shelter for Abused Women and
Children; Steve Hart, Chamber of Commerce; Tammy Nemechek, Economic
Development CounciL
1. Call to Order
Brad Boaz called the meeting to order at 1:04 p,m.
2. Review/Discuss the Charitable Organization Impact Fee Deferral
Program
Brad explained that the first purpose of the meeting was to review an executive
summary regarding impact fee deferrals for charitable organizations. A handout was
provided that explained the issues, gave some background of each issue and gave
possible alternatives for continuation in the future. Amy Patterson gave an
explanation of the different parts of the program and their differences.
Marcy Sanders spoke to the group about her organization and their reliance on the
impact fee deferral program. She stated that as a result of a survey that was taken,
her organization has determined that the two top areas of concern for clients of her
group are child care and affordable housing, Her group is building homes to be used
for transitional housing for women and their children for temporary housing until
they can get on their feet. The client pays a percentage of their income for this
service.
There was discussion of how SOIC's and the deferral program worked,
Steve Hart added comments on the necessity of the program.
Mise Corres:
Date 03/l01 D9 ,
Item #1/0 1l0il5~
Page 1 on
:ocies to:
----..,.-_~"____~_,. '~'._'W."'._ I
16f'lfA 5
The group came to the following decisions:
Eligibility - Janet Vasey motioned, Michele Harrison seconded and the group
unanimously approved that this section of the deferral should remain the same with
the targeting of indigent care.
Impact Fee Types Eligible for Deferral ~ Janet Vasey motioned, Michele Harrison
seconded and the group unanimously agreed that water and sewer impact fees should
be included in the program.
Repayment - Michele Harrison motioned, Janet Vasey seconded and the group
unanimously agreed that there should be a fixed term on non-interest bearing loans
for the participants, Perhaps a 5 to 10 year term, subject to renewal by the Board of
County Commissioners with onus being placed upon the recipient for a production of
a yearly affidavit that reiterates eligibility and allows for inspection of the property
by the County, In addition, funding sources should be considered and sourced.
Residency - Janet Vasey motioned, Michele Harrison seconded and the group
unanimously approved that priority for the deferrals should be given to organizations
which primarily service legal residents, Amy Patterson will report back to the group
ifthere are any legal issues with this suggestion,
3. Review/Discuss Potential Impact Fee adjustments
Janet Vasey went through department by department. reviewed the budgets and gave
her views on where she felt there was excess monies in the budget that could
possibly be reallocated.
Brad Boaz said the indexing is done so the highest possible index can be given.
This necessarily is not what should be done. In addition the restructuring code and
building standards continue to get more stringent which forces fees to grow, Georgia
Hiller said this produces a product that is hardest on people who can least afford it.
The group agreed that fees need to be brought into some more realistic. There
should be some sort of median between the maximum from the Nexus survey and the
minimum of debt service payment alone,
Joe Schmidt said that impact fees are targeted for future debt and without the fees the
county must look for additional sources of income. The level of service indicator
must be reviewed at a local level. Amy and Joe have been directed by Donna Fiala
to also look at impact fees on redevelopment, such as change in use. They do not
want these fees to be a determent to redevelopment.
Amanda Townsend explained how the regional park impact fee study is subjective as
every local government determines their own level of service, This reduction in
Page 2 00
16' 1 A 5
parks level of service actually removed the building of an entire regional park from
the 10 year plan.
The group asked Amy to bring scope of services information to the regular
Productivity Meeting next week.
The group ended the meeting on a note of discord with the decision that each
member of the subcommittee will bring their ideas on this subject to present to the
entire Productivity Committee next week.
4. Public Comment
5. Adjourn
Georgia Hiller motioned to adjourn the meeting at 4: I 0 p.m.. Michele Harrison
seconded and the group unanimously approved.
&d
Page 3 of3
~:~~ng \;i:j,~;0/'
Coyle \/
Coletta ~
Productivity Committee Sub-committee Meeting
Alternative Policy Approaches for Impact Fees
12/03/08
RECEIVED
JAN 3 0 2009
Roanl of County Commissioners
"
J.b/l:A
;:, o::lS
5
Members Present: Larry Baytos, Gina Downs, Doug Fee, Steve Harrison, Janet Vasey,
John Barlow,
Staff Present: Joe Schmitt, Administrator CDES; Norman Feder, Administrator,
Transportation; Amy Patterson, Impact Fee Manager; Paula Fleishman, Impact Fee
Coordinator; Mike Sheffield, County Manager's Office; Barbetta Hutchinson. Office of
Management and Budget
Others in Attendance: Brenda Talbert, CBIA; Ron Rice, City Gate; David Rivera, EDC
of Collier; Kristi Bartlett, EDC of Collier; Steve Hart, Chamber; Roger Rice, Attorney;
Billi Spinelli, Chamber, Tammie Nemecek, EDC.
Call to Order: The meeting was called to order by Larry Baytos at 1 :06 p,m.
Discuss Possible Alternative Policy Approaches for Impact Fees: What is our task?
It is not to come up with a new tax to replace impact fees - simply to work within the
impact fees themselves. Larry reviewed three possible options: Hold the course; provide
minimal fee relief; provide more aggressive relief - roll back to 2007.
Gina Downs said that a lot of time has already been spent working on impact fee reviews
and doesn't see any other way to offset impact fees.
Janet Vasey gave a history of past studies and the decision being made not to impose
franchise fee.
Norman Feder said that the revenue generating items were removed from the agenda by
our Board of County Commissioners.
Doug Fee stated that there are many foreclosures and the home values have gone down,
Since we have excess inventory, he doesn't feel a large need for capital infrastructure and
therefore feels that there would be no harm in keeping everything the way it is now.
Janet Vasey said that she thinks about where the money is going to come from to fund the
things that are already being funded. Commissioners have said that growth pays for
growth and there are very many good reasons why they say that. The people have voted
down sales tax and the people said they want roads in place before the growth and then
this year people said they didn't want to pay for growth once again. What does that do to
building? In the high market, it didn't affect us at all. Ifwe cut back to 2007, where do
you come up with the money if you can't go places the people don't want to go? The
Productivity Committee has previously said that the impact fees should not be
implemented except Transportation, but they didn't listen, Where do we ~' re?
DateD lD D9
Item #110 T (J ASd
",-;:c
16 11 A 5
Steve Harrison said the County has already spent the impact fees that we have yet to
collect. The methodology that we currently use may not be working. We may need to go
to higher density or reduce fees in some geographical locations and go higher than other.
Steve said sooner or later we have to address additional revenues. Norman Feder added
that there needs to be funding for maintenance of the roads that impact fees have built.
John Barlow that our county counts on revenues from tourism and retirees. With the
reduction in the revenue stream we would be ill served not to recognize what is
happening to the credit markets. He believes it would be wise to try and stimulate and
increase the revenue streams if we could. What could we do to stimulate building? A
reasonable reduction in impact fees should be implemented to try to stimulate the
workforce population. The bigger issue is if we don't diversify the economy we will
continue to live through booms and busts. There are not enough jobs being created and
no industry is being built. We need a plan to make it happen. Gina said one county
eliminated impact fees for new businesses that moved into the county, Whatever we do
should not curtail the county's ability to get back into sync when the economy comes
back. A rolling average would better serve us.
School impact fee: The school district did not participate in impact fees for many years.
This will be updated in 2009. There is $5M outstanding in debt for the school board.
Public Speakers:
Roger Rice, City Gate - We need economic diversification is needed badly, When
industry is looking to relocate, they crunch the numbers and they find that the fees are
much greater in Collier County. In 2006 Tindale-Oliver did a study on lane mile cost. In
the current study, the fee used was 10% less than in 2006. The proposed industrial fees
have risen in spite of the reduction, The impact fees should be going down 10% in
conjunction with the declining road cost. We need to attract people and business to this
county and we can't do that when we are being inconsistent with the facts.
Ron Rice, City Gate - He is developing at I75 and 951. He sold a lot to a builder to
build a MRA building, Impact fees went up to $IM for a 33,000 sq. ft. building so the
builder backed out. There are more stories like this. He is traveling the country and can't
find buyers because of the exorbitant impact fees.
David Rivera from EDC - He's heard some good ideas. This is complex problem, but
he's glad that it is recognized that industrial jobs need to be brought to Collier. We need
to attack the issue of economic diversity today, This is not an easy area to move into
because of the impact fees, but we need to look at new sources aggressively and some
type of relief should be brought to the table, We should also bring experts to the table to
talk about these things and get something going. We need the tools in place to make sure
the efforts of the EDC aren't useless.
16'1 A 5
Janet Vasey said that she isn't a big fan ofEDC incentives, but she doesn't understand
why the NRA guy wasn't coming for incentives? Why has the EDC asked for $0 in
FY09 for incentives? Amy Patterson said that the county has money available for
incentives.
HilI Spinelli, Naples Chamber of Commerce - About 8 years ago he sat in CBIA's
office and discussed the lack ofroad building. That group begged the government to get
better at building infrastructure and they did, We have been building 4,000 houses a year
here. 8,000 construction workers lost their jobs here and can't meet their bills. We are at
a new juncture in the life of Collier County. The needs of our time are not, "growth pays
for growth" - the need is to give people jobs. We need to refocus - is it more important
to collect the impact fee or is it more important to put someone to work so they don't lose
their homes, We need to get serious about putting people to work. Do we need a public
works program?
Larry summarized the meeting by saying that his impression from the group that is not a
consensus in making any reductions in impact fees. Gina would agree that is additional
spending is seen through infrastructure then she would agree to a reduction in that
amount. Norman Feder said that the BCC wants to maximize impact fees to legal limits.
We need additional revenues besides impact fees besides impact fees because impact fees
cannot legally be used for maintenance. We have added miles coming in without people
movmg m.
Amy said that school impacts represent 10-11 thousand dollars per home. If the school
districts say they do not need the money, the board does not need to collect it. It would
have to come from the school districts, not from staff.
Tammie Nemecek - She thinks that the issue with impact fees is that this community is
very dependent on residential impact fees, If you don't collect impact fees do you collect
the money from? There is only a certain amount of places you can go to for revenue.
Even if you offer up an immediate reduction, what is the long term strategy? Computer
and software services will put us on the map. There has to be a correlation in how much
we collect in residential taxes and commercial taxes. Is there a goal where we may need
to get to in regard to that and not necessarily looking at the retail jobs?
Janet can't see how changes help anything - there is no building anyway. Not indexing
at all would be only $1,500 and it really wouldn't be helpful. Janet also would be
agreeable to look at a long term plan from Tammy.
Steve Harrison feels like it would be a shame if the Productivity Committee did nothing,
We should take some little chunk and do something, Norman Feder said we should look
at the legality of taxing some and not others.
Larry will provide a written report to the full committee and present the report at the next
full meeting on December 17. Doug would not support the report the way it is, unless the
entire Productivity Committee could change his mind.
16/1,q 5
Adjourn: Doug Fee motioned to adjourn. Gina Downs seconded, The group voted
unanimously.
RECEIVED
FEB 0 9 2009
~i:::~ ~1611'?<~ A 6/
HennlOg~
Coyle _ January 7, 2009
Coletta .~r ~.
Board of County COnvniSSKlners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, January 7, 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 3:30 P.M. in REGULAR SESSION in Conference
Room #610 in the Collier County Community Development and Environmental
Services Center, 2800 N. Horseshoe Drive, Naples, Florida, with the following
members present:
CHAIRMAN: William Varian
Charles Abbott
James Boughton (Absent)
Clay Brooker
Laura Spurgeon Dejohn
Dalas Disney
David Dunnavant
Marco Espinar (Absent)
Blair Foley
George Hermanson
Reed Jarvi
Thomas Masters
Robert Mulhere
Reid Schermer
Mario Valle (Excused)
ALSO PRESENT: Joe Schmitt, Administrator, CDES
Judy Puig, Operations Analyst, CDES, Staff Liaison
Catherine Fabaeher, LDC Manager, Zoning & Land Development
Phil Gramatges, fnterim Director, Public Utilities
Nick Casalanguida, Director, Transportation/Planning
Bob Dunn, Director. B1dg, Review & Permitting
Gary Mullee, CDES, Operations Support Manager, BudgettM\h~:
Fd Riley l-'ire Code OClieial n'2 lD DO:
, ' Date: v-J ./
!lem#J0 ILL AIo
~,~)ptc_;S tei
16';/1 A 6
January 7, 2009
I. Call to Order
The meeting was called to order at 3:35 PM by Chairman William Varian and a
quorum was established,
Chairman Varian read the procedures to be followed during the Meeting.
II. Approval of Agenda
Tom Masters moved to approve the Agenda. Second by Robert Mulhere. Carried
unanimously, 9-0.
III. Approval of Minutes - December 3,2008 Meeting
The following correction was suggested:
On Page 3, the CBIA lawsuit may not have been filed in Court.
Reed Jarvi moved to approve the Minutes of the December 3,2008 Meeting as
amended. Second by Reid Schermer. Carried unanimously, 9-0.
IV. Staff Announcements/Updates
A. CDES Update - Joe Schmitt, Administrator
. Work hour reductions may be necessary due to insufficient revenue
. Voluntary early separation has been ofTered - waiting for response
. Most economical option: 4-day work week (closed on Fridays)
. Option: requesting inspections on Friday -- premium cost must be paid
. A copy of the Financial Impact of the Decrease in Fund 131 Activities Report
was distributed to the Committee
Chairman Varian stated the building industry has concerns regarding unpermitted
and/or unlicensed work being done without any supervision during a 3-day weekend
if County closes. Another concern is the closure of the Contractor Licensing
Department.
Joe Schmitt stated he would bring the concerns to James French, CDES Operations
Manager. He stated similar cost-cutting measures will be taken throughout the
County.
(Charles Abbott arrived at 3--I{) PM)
There are four investigators and one supervisor who covcr the City of Naples and
Marco Island. as wcll as the County, He stated hc would examine the situation and
suggested DSAC make a recommendation noting the industry's concerns regarding
the degrading of scrviee,
(David Dunnavant arrived at 3:-1-1 PM)
A "hot line" will be installed to facilitate reporting of unlicensed work or unlicensed
Contractors, espccially during off hours,
.Joe Schmitt outlined the costs CDES is required to pay, Personnel services arc
approximately SO% of his costs,
(George Hermanson arrived at 3:-17 Nef)
2
16('1 A 6
January 7, 2009
Discussion cnsued concerning the "unfreezing" of one position in Contractor
Licensing. A question was asked regarding whether or not therc was an increase in
unlicensed activity.
Bob Dunn, Building Director, stated violations have increased and 72 citations were
written in December by only two Stan'members due to the holidays.
There was further discussion concerning Fund 131 (Land Use and Permitting) and
Fund 113 (Building Dept.),
Gary Mullee, Budget Managcr, stated if the County were closed for one day,
approximately $5,000,00 per month would be saved in electricity costs alone.
Fund 113 has a slightly better reserve structure but is losing money almost as quickly
as 131 and will be depleted in the near future.
Fund 131 's revenues are critically low, While Fund 131 technically has $I-M in
reserves. it has $1.8-M worth of commitments which are currently due.
Susan Istenes, stated the type of projects coming into Zoning are primarily small
changes and insubstantial changes that are not revenue generating, The biggest fee
generator in the Zoning Department was plats and plans - plats for single-family
residences, She also stated due to the slowdown in new construction, there are no
plats to review,
Joe Schmitt stated another large expense was the cost to provide verbatim minutes
for the Planning Commission and the Board of County Commissioners. The cost is
$6,00 per page, and most transcripts run between 300 to 400 pages.
He stated he will try to maintain a core competency within CDES, but staff will be
reduced by 20%, While the County was understaffed in 2002, he cannot make
payroll for March, 2009.
There was lurther discussion concerning allocations, budget line items, and the
proposed 4-day work week and the impact of the shorter work week on inspections,
A suggestion was made to utilize a private provider to conduct inspections, If a time-
specific inspection is ordered from the County for a Friday, a higher premium fee will
be charged,
Discussion continued, A question was asked concerning whether or not the Planning
and Land Use Department was "top heavy," PUD Monitoring and efficiency wcrc
also discussed, Collier County's complicated process was compared to Lce County
which is morc streamlined, A suggcstion was made to examinc the process as well as
Staff Creating thc position of a Hearing Examiner was also suggcsted as well as
simplifying the Land Dcvelopment Code.
Chairman Varian summarized:
. Examine repetitivcncss of reviews to strcamline
. The economy nccds the building/rcmodeling industry to survive - permits fiJr
projects cannot be delayed
. Thc level or scrvice cannot drop
-'
16/1 A 6
January 7, 2009
Chairman Varian cited George Hermanson's email which was distributed to the
Committee and stated the Committee should draft an LDC Amendment regarding
recommendations to streamline the LDC review process for presentation to the Board
of County Commissioners
B. Transportation Division Update - Nick Casalangnida
. A copy of the Road Impact Fee Rate Comparison Chart was distributed to the
Committee. It will be presented to the Board of County Commissioners on
January 13,2009. He stated the BCC was given an option to accept the proposed
Study and defer implementation for one year or to reduce Transportation Impact
Fees by 30%,
. He stated the DOT's Consumer/Construction Price Index was recently released
and prices dropped again in December.
. The north section of Collier/V anderbilt Beach Road will be finished by the end of
January, 2009,
. The North Brook Bridge has been completed,
. Working with the DOT regarding modifications to the Immokalee/I-75
Interchange.
. All CEls (Construction Engineering Inspections) have been brought "in-house"
and will no longer be sub-contracted out. All Collier County Project Managers
will perform the CEls,
A Committee member stated the combination of declining economy and the high cost
of doing business in Collier County is driving developers out of the area and they
may never return.
There was discussion regarding the figures contained in the Tindale-Oliver Report
versus the roll-back amounts, If calculations were incorrect, exceptions should be
made in specific categories. It was suggested that the 2006 rates were not necessarily
the best choice to use.
It was noted the DSAC Committee previously did not recommend adoption of the
study rates. The Productivity Committee had recommended the 30% roll-back.
A copy of the 2006 Study will be provided to the Committee via emaiL
Costs were requested for the two new pedestrian bicycle bridges built over the river
tributaries near Vanderbilt Drive and for the two on Golden Gate Parkway near
Golden Gate City (by SL Elizabeth Seton over the canal),
Mr. Casalanguida stated the design of the pedestrian ways was chosen by the
neighborhood MSTU Committees,
Regarding landscaping along Vanderbilt Beach Road: the Bce authorized $1.8 M
for three projects but the estimates submitted totaled $2,8 M, The Board directed new
bids should be requested from the vendors,
C. Public Utilities Division Update - Phil Gramatgcs
.j
1611
A
6
January 7, 2009
. Two large projects were completed (expansions of the South Water Plant and the
feeding Well field) and will provide approximately 12 M gallons of capacity
. Figures for the 20 I 0 Budget are being compiled
. Revenues were almost 40% less than last month due to lower consumption of
water
A question was asked about a piping connection problem regarding directional bores.
A Utilities reviewer stated "policy" requires the three connections,
Mr. Gramatges asked for specifics of the situation to be emailed to him to research.
D. Fire Review Update - Ed Riley, Fire Code Official
. A written report was submitted to Committee members
. 882 reviews were completed in December
. A tracking software was installed to pinpoint the percentage of contractor
approvals and disapprovals and the problem areas
. A second newsletter containing information based on the statistics compiled by
the tracking software will be distributed
. Classes will be developed to train contractors to increase the approval rates
. Revenues have declined but the departmcnt has secure reserves - staff reductions
are not anticipated
V. Old Business
A. Road Impact Fee Comparison Chart - Nick Casalanguida
(See Item IV. - B above)
B. Dates for LDC 2009 Cycle
Catherine Fabacher, LDC Manager, distributed a copy of an Executive Summary
concerning the Cycle,
. The Sign Code is being revised with completion anticipated for February-
March, 2009
. DSAC is "to consider any amendments which the Board deems in the best interest
of business pcr their discussion on June 24,2009, that is given conccptual pre-
approval by the BCC before the commencement of the 2009 cycle (March I,
2009),"
. The current procedure is fix the issue to be placed on a Consent Agenda in order
to petition the BCC for conecptual approval for addition of an LDC Amendment.
Discussion f()lIowed concerning DSAC's powers and duties,
Ms. Fabachcr stated the purpose of the LDC was to provide most, no! all, of the
answers, Staff is to interpret the Code and when a problem was presented, an appeal
could be made to the BCC for a decision,
.Joc Schmitt stated he would inl(lrm the BCC (through an Executive Summary or a
memorandum) that additional Amendments will be added to the Cycle Review based
on DSAC's recommendation, It was noted that June 1.2009 is the last day to submit
drafts of proposed Amendments,
The Committee decided to reinstitute the LDR Subcommittee,
.)
16{1 A
6
,>
January 7, 2009
Ms. Fabacher suggested the author(s) present explanations of the Amendment(s) to
DSAC during its March, April and May meetings, She also suggested convening the
March, April and May meetings at an earlier time,
There was discussion concerning changes made by the Environmental Advisory
Committee ("EAC") after DSAC had approved an Amendment.
Ms. Fabacher will schedule the Subcommittee's meetings and will present the
proposed schedule at the next DSAC meeting.
C. Review of DSAC Municipal Code
(Postponed)
VI. New Business
A. Election of Chairman and Vice Chairman for 2009
David Dunnavant nominated William Varian to serve as DSAC Chairman for the
2009 term. Second by Reed Jarvi. Motion carried, "II-Yes," with one abstention.
Mr. Varian abstainedfrom voting.
Robert Mulhere nominated Thomas Masters to service as DSAC Vice Chairman
for the 2009 term. Second by Blair Foley. Motion carried, "II-Yes," with one
abstention. Mr. Thomas abstainedfrom voting.
B. Time Change for Meeting
Chairman Varian suggested moving the mecting time to 3:00 PM,
Judy Puig stated the Operations StafT mects on Wednesdays betwcen 1 :00 and
3:00 PM, She will notify Me. Schmitt of the proposed time changc,
VII. Public Spcakcrs
(None)
VIII. Committee Member Comments
Clay Brooker suggested revising the Agenda to allow a speaker from the public to be
heard at the beginning of the Committee meeting, The item for "Public Speakers" will
follow "Approval of Minutes" in next month's Agenda.
George Hermanson suggested the members should prepare lists of issues for discussion
spccific to thcir disciplines concerning the LDC Amendments,
By consensus, it was decided the LDR Subcommittee should meet in January, Last year,
Subcommittee meetings were held on the 3rd Wednesday of the month (January 28, 2009).
Ms. Fabachcr will reserve a room and inform the Subcommittec of the time and
location.
Catherine Fabachcr stated a "school" li,r authors of LDC Amendments will begin
in March to teach how to write Amendments and invited the Committee to attend, She
will bring the calendar to the next DSAC meeting,
(,
1611A 6
January 7, 2009
DSAC Meeting Dates: February 4, 2009 at 3:00 PM (time change to be confirmed)
March 4,2009 at 3:00 PM
April 1, 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 5:21 PM.
DEVELOPMENT SERVICES
ADVISORY COMMITTEE
~
William Varian, Chairman
These Minutes were ~oved by the Board/Committee on ___~ CJ 'f
as presented ~, or as amended _______'
7
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Henmng~
Coyle v>'
Coletta - ,'"
-'~EI\lEn 16 /'1 -'A
December 3, 2008
,', ", "'09
.J'1 f.iJ
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'<.,c1'1 I,jl~h :.:(\'.,:nl'''':-;'Une!'.~
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, December 3, 2008
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 REGULAR SESSION at
Collier County Development Community Services, Conference Room
#609/610 2800 N. Horseshoe Drive, Naples, Florida, with the following
members present:
CHAIRMAN: William Hughes
Dr. Judith Hushon
Noah Standridge
David Bishof
Nick Penniman
Michael V. Sorrell
Dr. Llew Williams
Paul Lehmann
Ninon Rynerson
ALSO PRESENT: Steve Williams, Assistant County Attorney
Susan Mason, Principal Environmental Specialist
Stan Chrzanowski, PE, Engineering Manager
Summer Araque, Sr. Environmentalist Specialist
Laura Roys, Sr. Environmental Specialist M C
ISC OITes'
Tom Greenwood, Comprehensive Planning O'l/~D
Date J D
tem# L0~Ll 41-
i;-;
1 ~cen3,~08 7
I. Call to Order
Chairman Hughes called the meeting to order at 9:00AM.
II. Roll Call
Roll call was taken and a quorum was established.
Ninon Rynerson was introduced as a new member on the Council
III. Approval of Agenda
Mr. Penniman moved to approve the agenda. Second by Mr. Lehmann. Carried
unanimously 9-0.
IV. Approval of November 5, 2008 meeting minutes
Dr. Hushon moved to approve the minutes ofthe November 5, 2008 meeting
subject to the following corrections:
. Page 4, paragraph 3. line 3 - from "quality of the Preserve does degrade,
and reported to the County so any necessary action may be taken" to
"quality of the Preserve does degrade, it be reported to the County so any
necessary action may be taken,"
· Page 4, paragraph 5, line 3 - from "expressed concern the Petition
information..." to "expressed concern that the Petition information...
. Page I. - from "Building "F" of the Government Complex" to "CDES",
Second by Mr. Penniman. Carried unanimously 9-0.
V. Upcoming Environmental Advisory Council Absences
None
VIII. Old Business
(Item VIII. A. to be heard prior to item VI.)
A. Determination of date(s) for EAC workshop with the Rural Lands
Stewardship Area Review Committee regarding its Phase II Report, which is
a review of the Rural Lands Stewardship Area Overlay.
Tom Greenwood of Comprehensive Planning provided an update on the status
of the Phase II Report. He submitted an email to him from Gary Eidson (RLSA
Review Committee member), dated December 2,2008 Re: "Board of County
Commissioners' 12-2-2008 direction with respect to Phase 11 Report
presentations to the EAC and ccpe' and the document "Phase 2 Report of the
Rural Lands Stewardship Area Review Committee, Review of Rural Lands
Stewardship Area Overlay, Meeting Room Availability" for the Council's review,
He requested the Council select dates for the Environmental Advisory Council's
Phase II Review. The Report will be made available to the Council at least 2-3
weeks before the meeting. The current draft and Final Report will be available
online at http://www.colliergov.net/lndex.aspx?page=1515
2
16TIA
December 3, 2001
He noted that following the Review, the Council may make revisions to, or
forward the Phase II Report with corrections to the Board of County
Commissioners.
The Council decided to schedule January 29 and 30, 2009 for the Review.
The Council will also send a letter to the BCC recognizing their efforts ensuring
that proper public hearings are conductedfor the Phase II review.
VI. Land Use Petitions
A. Planned Unit Development Rezone PUDZ-2007-AR-11320
McMullen MPUD
Section 14, Township 50 South, Range 26 East
The presenters were sworn in.
Dwight Nadeau, Planning Manager for RW A, Inc. provided an overview of the
project noting the following:
· The project is located on the East side of Collier Blvd., fronts on
Rattlesnake Road Ext. and is19.32 acres
· The required preserve is adjacent to off site lands suitable for
preservation in the future.
· The South Florida Water Management District (SFWMD) permit has
been issued, the US Army Corps of Engineers (USACE) permit is
pending.
· The project will restore the historic off site sheet flow patterns prior to
the Florida Power and Light easements and access roads and direct flow
to the west ultimately draining to the 951 canal.
· Rattlesnake Road Ext. will be improved to two lanes for this project,
with the drainage from the roadway being treated on the subject site,
Cheryl Rolph of Passarella and Associates highlighted the following:
· The site contains forested uplands and wetlands with disturbed Pine
Flatwoods and infested with Melaleuca,
· There are 15 acres of wetlands on site, 93 percent of which contain more
than 75% ofMelaleuca.
· .42 acres of Native Preserve is required, .84 acres will be provided,
· An additional 2.39 acres preserve was required by the SWFMD and
USACE for a total of 3.23 acres of preserve area held in a conservation
easement.
Discussion ensued regarding whether the Panther Telemetry maps submitted are the
most recent data.
Ken Passarella of Passarella and Associates noted the historic Panther Telemetry
indicate Panthers are present in the area. The general public does not have access to
3
16 rIA 7
December 3, 2008
the most recent GPS telemetry data provided by the Fish and Wildlife Service.
Panther Habitat Mitigation is being provided via purchase ofPHU's (at an amount of
approximately $1500 - $2500 per credit) through the Florida Conservation Bank with
habitat located in Hendry County, In addition wetland impacts have been addressed
via wetland mitigation credits through the Panther Island Mitigation Bank.
Discussion ensued on how the wetland preserve on the north side of the site will be
hydrated with the proposed improvements to the property directing drainage off site
to the west.
Emilio J. Robau, P.E. of RW A, Inc noted the site analysis indicates the existing
wetland preserve area is, and will continue to be hydrated by off site sheet flow from
the north,
Discussion ensued on how this would be ensured if the property to the North becomes
developed,
Emilio J. Robau noted it would be responsibility of the regulating Agencies (South
Florida Water Management District, Army Corps of Engineers, etc.) in reviews of
future development applications submitted for the property to the north to ensure the
historic discharges continue.
It was noted a Phase I Environmental Assessment was conducted on the site with no
further action required.
Discussion ensued regarding the June 19,2007 US Fish and Wildlife Service letter,
(Exhibit #19) where page 4 requested additional information, a copy of which was not
provided to the County.
Ken Passarella stated the additional information was submitted to the US Fish and
Wildlife Service and through this information the necessary Panther Habitat
Mitigation was determined. He noted throughout the permit process, additional
information submitted to outside agencies is not provided to the County for the
updating of previously submitted applications. The US Fish and Wildlife Service
"Biological Opinion" for the project is pending.
Summer Araque noted if Council members require additional information when
reviewing the data provided. please contact Staff and the Applicant will be notified to
supply any necessary information.
Discussion ensued regarding County Planning issues and the status of the Florida
Panther Population,
The Council noted in the future "significant correspondence" submitted to outside
agencies affecting a County application (EIS, etc.), should be supplied to the County.
Ken Passarella agreed.
Mr. Bishofmoved to approve the Petition (Planned Unit Development Rezone
PUDZ-2007-AR-11320, McMullen MPUD. Section 14, Township 50 South, Range
26 East). Second by Mr. Penniman.
4
16 ('1 A 7
December 3, 2008
Summer Araque noted Staff recommends approval of the McMullen MPUD and
requires all Agency permits when they submit -their next Development Order.
Carried unanimously 9-0.
Mr. Penniman noted his "yes vote" is not intended to set a precedent for him to vote
yes in the future if an application is lacking any necessary data (biological opinions,
most recent telemetry data, etc.),
Break: lO:15AM
Reconvene: lO:30AM
VII. New Business
A. Telemetry Points Question and Answer
Mr. Sorrell stated he has obtained updated telemetry maps and the statement that
consultants do not have access to updated information is not accurate. He noted
he contacted the West Palm Beach Office District Fish and Wildlife Office and
they provided him internet links to retrieve the data. He will supply the
information to Council members.
Summer Araque noted in the future Staff will ensure the most recent maps are
provided for review by the CounciL
Laura Roys, Sr. Environmental Specialist provided an update on the use of
Telemetry Points noting the following:
. The points are collected by the Florida Fish and Wildlife Conservation
Commission (FWC) utilizing Global Positioning System (GPS)
technology and are transferable to Geographic Information System (GIS)
mapping.
. Both Florida Panther and Black Bear are collared for tracking.
. The telemetry points for Panther have been collected since 1981.
. The data is used to develop mapped habitat areas.
. FWC reviews -for critical habitat are not limited to mapped areas,
. Areas that undergo substantial land use changes (agriculture to
residential, etc.) are no longer considered Panther habitat regardless of
telemetry points.
. FWC estimates 10 percent of Panthers are collared; no bears are
currently collared within this area,
It was noted the US Fish and Wildlife Service has not formally designated
("declared a critical habitat designation") any area as Florida Panther habitat.
It was noted the "most recent telemetry data" is often not available to the public
for 12 months or longer after its collection.
Discussion ensued whether the outside Agencies (South Florida Water
Management District, Army Corps of Engineers, etc.) are utilizing the most recent
data or accepting and/or utilizing older data?
5
< A Z
16 , dcember 3, 2008
-
B. Update members on projects
Chairman Hughes noted a recent news report deemed Naples Bay Estuary
copper levels the worst in the whole country.
The Council requ.<;~ed Staff contact Ray Smith of the Pollution Control
Department and~auer of the City of Naples to address those issues,
Mr. Standridge recommended in anticipation of the Phase II Rural Lands
Stewardship Area Review. members review any information available such as the
Department of Community Affairs (DCA) final order. Recommendations of the
Original Committee, the Legislative DCA Report on RLSA's dated December 3,
2007, and the Phase II draft currently available.
Summer Araque noted Staff will provide links to those documents.
IX. Sub-Committee Reports
None,
X. Staff Comments
Summer Araque noted the Rookery Bay Workshop for 3:00 pm, December 3, 2008
has been properly noticed for any Environmental Council Members attending,
XI. Council Member Comments
Ninon Rynerson requested Staff supply information on the types of herbicides and
chemicals deemed "acceptable" for stump removal, etc,
Mr. Lehmann will review any proposed Mission Statements and prepare a draft
statement for review by Council members,
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 11: 16 AM.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
2.C'C)9
6
December 3, 2008
16/1Jl 7
These Minutes were approved by the Board/~hairman on , 1a ni, JO(Jf,
as presented , or as amended ' . / ,
7
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Halas
Henning
Coyle
Coletta
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16/1A
7../
n:ij :1,
January 7, 2009
',')7 ~>; .
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, January 7, 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 REGULAR SESSION at
Collier County Development Community Services, Conference Room
#609/610 2800 N. Horseshoe Drive, Naples, Florida, with the following
members present:
CHAIRMAN: William Hughes
VICE CHAIRMAN: Dr. Judith Hushon
Noah Standridge (Excused)
David Bishof
Nick Penniman
Michael V. Sorrell
Dr. L1ew Williams
Paul Lehmann
Ninon Rynerson
ALSO PRESENT: Steve Williams, Assistant County Attorney
Susan Mason, Principal Environmental Specialist
Stan Chrzanowski, PE, Engineering Manager
Summer Araque, Sr. Environmentalist Specialist
Chris D' Arco, Principal Environmental Specialist
Tom Greenwood, Comprehensive Planning
William Lorenz, Director, Environmental EV~Ir~:
Date:
~tern t!
ENVIRONMENTAL ADVISO~Y COUNCIL
AGENDA .
January 7, 2009
9:00 A.M.
CHANGE OF LOCATION: Community Development and Environmental Services (COES)
Room 609/610
I 6 II A 7
I. Call to Order
II. Roll Call
III. Approval of Agenda
IV. Approval of December 3, 2008 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
A. Planned Unit Development PUDZ-2007 -AR-11100
"Taormina Reserve MPUD"
Section 9, Township 50 South, Range 26 East
B. Site Development Plan Amendment No. SDP-2008 -AR-13029
The Conservancy of Southwest Florida SDPA
Section 27 & 34, Township 49 South, Range 25 East
C. Excavation Permit No. EXP-2008-AR-12838
Hogan Island Quarry
Section/sl 9, 10, 15, 16, 21, and 22, Township 47 South, Range 28 East
VII. New Business
A. Background of RLSA program - Tom Greenwood and others
VIII. Old Business
A. Update members on projects
IX Subcommittee Reports
X. Council Member Comments
XI. Public Comments
XII. Adjournment
******************.....*******.......****....***......****.....****
Council Members: Please notifv Summer Araaue, Environmental Services Senior
Environmental Specialist no later than 5:00 p.m. on December 30. 2008 if vou cannot attend
this meetina or if vou have a conflict and will abstain from votinQ on a Detitlon 1239-252-62901.
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.
".~....., -.
16/1A
January 7, 2009
7
I. Call to Order
Chairman Hughes called the meeting to order at 9:00 AM.
II. Roll Call
Roll call was taken and a quorum was established.
111. Approval of Agenda
Dr. Williams moved to approve the agenda. Second by Mr. Penniman. Carried
unanimously 7-0.
Chairmau Hughes noted a letter had been previously received by the Environmental
Advisory Council from the Board of County Commissioners, which requested the
Council restrict the area of application reviews to "environmental concerns."
Mr. Penniman requested clarification if issues such as proposed artificial lighting
and hours of operation, etc. may be considered as "cnvironmenlal concerns."
Steve Williams, Assistant County Attorney noted these types of issues may be
considered environmental concerns; Council members should use discretion in
determining if these issues are relevant environmental concerns on a "case by case"
basis.
Mr. Lehmann arrived at 9:03AM
IV. Approval ofthe October 1, 2008 meeting minutes
Dr. Hushon moved to approve the minutes from the December 3, 2008 meeting
subjeClto the following correction:
. Page 6, line 5, - from "Ray Bauer" to Dr. Michael Bauer, City of Naples"
Second by Mr. Lehmann. Carried unanimously 8-0.
V. Upcoming Environmental Advisory Council Absences
None
VI. Land Use Petitions
A. Planned Unit Development PUDZ-2007-AR-11 100
"Taormina Reserve MPUD"
Section 9, Township 50 South, Range 26 East
The presenters were sworn in.
Andy Woodruff of Passarella and Associates and Mark Minor of Q. Grady
Minor provided an overview of the application noting the following:
. The project is located South of Davis Blvd. and East of Santa Barbara
Blvd. Extension
. The surrounding land uses are residential, commercial, Collier County
Boys and Girls Club and Naples Heritage Golf Course.
. The site is characterized by existing native and non-native vegetation.
2
.._.,,_____....,"_._.... ..__..........."-,-__...'w.
16 1"1 ~ 7
January 7, 2009
· A wetlands jurisdictional determination by the SWFMD identified 46.5
acres of wetland.
. Listed species surveys were conducted identifying Wood Stork, Butterfly
Orchid and 2 species of Talangia.
· The native preservation requirement is 20.98 acres; 28.88 acres are
proposed for preservation, which provides habitat for the listed species.
. The northwestern portion of the site was previously utilized as settling
ponds for sewage treatment.
. The soil in the settling pond area was tested with no contaminations of
concern identified.
. None of the listed species outside the Preserve area are proposed to be re-
located to the Preserve area.
The Council requested the applicant maintain a sufficient quantity of the
identified listed plant species to ensure a representative sample of the population
remains on site (relocation to the proposed Preserve if necessary. etc.).
Stan Chrzanowski, PE, Engineering Manager provided a brief overview of the
watershed management in the area, which indicated no adverse impacts by the
proposed proj ect.
A discussion ensued regarding the benefits of utilization of "semi-pervious type"
materials (brick pavers, crushed shell) in pedestrian and vehicle traffic areas to
allow stormwater to permeate through the surface as opposed to directly running
off the area.
It was noted these types of applications still require sub-base materials that
compact and discourage water infiltration (shed water as opposed to allowing
water to pass through into the underlying soil). However, the South Florida
Water Management District (SFWMD) is considering SOme type of"credits" for
designs that utilize this concept.
Chris D'Arco, Environmental Specialist stated Staff recommended approval of
the Petition subject to the following conditions: (Page 10 of 12 of the
"Environmental Advisorv Council Staff Report Meeting of January 7, 2009" for
the Petition.)
1. The Petitioner must obtain an Environmental Resources Permit (ERP) from
the SFWMD (South Florida Water Management District) prior to approval of
the Site Development Plan application.
2. An updated Red-Cockaded Woodpecker survey shall be submitted at the first
Development Order ifrequired by the Florida Fish and Wildlife Conservation
Commission (FWCC) or the Us. Fish and Wildlife Service (USFWS).
Provide Florida Black Bear and Big Cypress fox squirrel management plans
as part of the next Development Order.
3
16l' A
Janu ry l2009
7
3. At the time of the next Development Order. provide a hydro-period analysis
for the project site or apply whatever current LDC amendment is in effect
regarding evaluating storm water discharge into upland preserves.
4. The preserve management plan required as part of the next Development
Order shall include provisions for annual monitoring to determine potential
impacts of storm water on preserve's vegetation. The property owner will be
required to replace vegetation adversely impacted by the storm water with
vegetation that will be suitable for future conditions.
Wayne Arnold, Q. Grady Minor and Assoc. stated the applicant has addressed
the issue of density calculations in relation to land use requirements within the
Future Land Use Element (FLUE) identified by Staff as an area of concern on the
bottom of page 5 and top of page 6 of the "Environmental Advisory Council Staff
Report Meeting of January 7. 2009 ".
Dr. Hushon moved to approve the Petition ("Planned Unit Development PUDZ-
2007-AR-llI00 Taormina Reserve MPUD, Section 9, Township 50 South,
Range 26 East") subject to the above conditions (#'s 1-4) outlilled by Staff.
Second by Mr. Lehmann. Carried unanimously 8-0.
B. Site Development Plan Amendment No. SDP-2008-AR-13029
The Conservancy of Soutbwest Florida
Section 27 & 34, Towusbip 49 Soutb, Range 26 East
Mr. Penniman excused himself from participating in the review of this Petition
stating he is Chairman of the Board of the Conservancy of Southwest Florida.
Mr. Penniman left the meeting.
The presenters were sworn in.
Andrew McElwaine of the Conservancy of Soutbwest Florida, Frank Feeuey of
Hole Montes, luc. and Geza Wass de Czege of Southern Biomes, Inc. provided an
overview of the project noting the following:
. The project consists of the re-development of the existing Conservancy
site on Airport Pulling Road and 14'0 Ave.
· It will link the Naples Zoo and Gordon River Greenway with the
Conservancy site.
· Existing buildings will be either upgraded or removed, with existing
buildings renovated and new buildings constructed reflecting the latest
science and technology.
. The buildings will be utilized for Offices, Animal Hospital and
Educational facilities, etc.
· All buildings will be LEED (Leadership in Energy and Environmental
Design) certified.
. There is a proposed direct linkage to the Naples Zoo.
4
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anuary~, ' ~
7
· A non-required storrnwater treatment facility will be constructed at the
expense of the Conservancy to treat storrnwater that currently traverses
through the site (Coastland Mall Storrnwater, etc.)
. The required Storrnwater Treatment will provide for the water to initially
enter vegetated swales, to a carbon filter structure, to a dry detention
system overflowing into a wet treatment system discharging into a
vegetated swale and filter marsh before final discharge to the Gordon
River.
. Anew, secondary access road utilizing curb cut onto Goodlette Frank
Road is proposed.
. The proposed access from Goodelette Frank Road traverses a 5 acre
Preserve which contains Gopher Tortoises
· The access Road will utilize a 100-foot wide bridge which will allow the
Tortoises to move throughout the areas.
. The Preserve will be interconnected to the Naples Zoo property allowing
the Tortoises to enter this area as well.
. This interconnection will also promote breeding diversity within the
populations in the area.
Discussion ensued on the necessity of an additional proposed road which would
access Goodlette Frank Road and whether the site could be serviced utilizing the
. . 14thA
eXlstmg access on ve.
Andrew McElwaine noted the additional access is necessary for the provision of
emergency services should the access off of 14th Ave become impeded.
Discussion followed regarding origination of the concept of using a non-
conventionally designed Stormwater Treatment system (vegetation filtration
before sediment settles out of the stormwater). Also, maintenance concerns
regarding the ongoing cleaning and inspection required of the filter system.
Frank Feeney noted the South Florida Water Management District recommended
the design concept.
Discussion took place concerning the list provided in the Petition which identified
30 species of plants to be planted in the vegetated zones treating storm water.
Chairman Hughes requested Staff provide the list of species to Collier County
Transportation Department for consideration of incorporating the plantings into
applicable storrnwater treatment areas.
It was noted the Conservancy is conducting on-going water quality tests for the
condition of stonnwater which enters the Gordon River
The Council requested within 2 years. the Conservancy provide the results of the
water quality testing to determine the effects of the project improvements on the
quality of storm water discharged to the Gordon River.
Cbris D' Arca, Environmental Specialist stated Staff recommended approval of
the project subject to the following conditions: (on Page 7 of9 of the
5
l6 r1 A 7
January 7,2009
"Environmental Advisory Council Staff Report Meeting of January 7, 2009" for
the Petition).
J. This project must receive a SFWMD ERP prior to Site Development Plan
approval.
2. A Florida Fish and Wildlife Conservation Commission relocation permit shall
be obtained for the Gopher Tortoises (Gopherus polyphemus) found on site
prior to the commencement of construction activities and a copy shall be
forwarded to staff.
3. Provide a report to the Environmental Services staff on the results of the
relocation of the Gopher Tortoises within thirty days of relocation. The
report must contain the following information: the numher of burrows
excavated, the number of lortoises relocaled and Ihe final relocation site.
4. The removal of any vegetation wilhin the proposed preserve shall he by hand
only. No mechanical clearing is permitted.
5. A supplemental planting plan shall be submilted for environmental staff
review in the event that it is determined that the natural recruitment of
foraging herbaceous species cover is not adequate.
Stan Chrzanowski, PE, Engineering Manager noted the Stormwater Treatment
system is unconventional; however it will be monitored to determine how these
types of system function long term.
He provided a brief overview of the watershed management in the area. Freedom
Park and Hole in the Wall Golf Course are taking steps to improve the water
quality of the Stormwater discharges into the Gordon River.
Mr. Lehmann requested clarification from the Transportation Department if any
analysis has been completed for an improvement to 14th Ave and/or the existing
access point eliminating the need for an additional separate access road which
bisects the Preserve.
John Podczerwinsky Transportation Department stated the Department has
not analyzed any proposed improvements for the site at the existing access on 14th
Ave. He stated the proposed access will alleviate commercial traffic on the
residential street of 14th Ave., but does not encourage the new curb cut on
Goodlette Frank Road, whicb may degrade the current level of service of the
roadway in that area.
Dr. Hushon moved to accept the Petition (Site Development Plan Amendment
No. SDP-2008-AR-13029, The Conservancy of Southwest Florida. Section 27
& 34, Township 49 South, Range 26 East) subject to the conditions outlined
(#'s 1-5) by Staff and the Conservancy provide the results of the Water Quality
monitoring in 2 years. Second by Mr. Sorrell. Motion carried 7 - 'yes" J _
"no". Mr. Lehmann voted Hno."
6
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January 7, 2009
7
Mr. Lehmann stated he applauded the Environmental considerations the
applicant utilized in the proposal but the issue of improving the existing access
point and/or 14th Ave. has not been fully investigated which may possibly
eliminate the need for a proposed access road bisecting the Preserve.
Break-iO:45AM
Reconvene - i 0: 55AM
Mr. Penniman returned.
C. Excavation Permit No. EXP-2008-AR-12838
Hogan Island Quarry
Section (s) 9, 10, 15, 16,21 and 22 Township 47 South, Range 28 East
The presenters were SWorn in
Robert Mulhere Emilio Robau of RW A, Inc., Tim Hall of Turrell, Hall and
Assoc. and George Varnadoe ofCheffy, Passidomo, Wilson and Johnson
represented the applicant and provided an overview of the application
highlighting the following:
· The Conditional Use Petition for the project was recommended to the
Board of County Commissioners for approval by the Environmental
Advisory Council on May 7, 2008 and the Collier County Planning
Commission on June 5, 2008.
. The Board of County Commissioners approved the Conditional Use
Petition on July 7, 2008 with conditions.
. The Petition is for the Excavation Pennit.
. The site is 967 acres with a maximum 740 acres of excavation.
. The plant will operate 24 hours a day, blasting will be involved.
A document entitled "Conditions of Approval Hogan Island Quarry, CU-2006-
AR-i 0805" and the outlined proposed, Environmental Services and
Transportation conditions contained therein was submitted for consideration.
Attached was Appendix #1 "Hogan island Dust Control Plan, Rinker Materials. "
The document demonstrated compliance with all pennit conditions set forth by
the County in the Conditional Use application.
Stan Chrzanowski, PE, Engineering Manager provided an overview of the
LIDAR mapping in the area.
The following was noted:
. Truck drivers arrive approximately 1-2 hours before the quarry opens and
there is a lengthy access roadway to allow stacking of vehicles internally
within the project. (As opposed to stacking on lmmokalee Road).
. The project is located a significant distance tram Corkscrew sanctuary and
will not have an adverse impact on the wildlife which inhabits the area.
7
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16/1 A 7
January 7, 2009
· The work will be completed in phases, with only the work area being
artificially lit with downward pointed, shielded lighting.
. Blasting is heavily regulated by various Agencies.
Discussion ensued regarding the Florida Panther and the concern of increased
early morning Panther fatalities caused by the excavation operation.
Robert Mulhere noted the applicant will pay their fair share of funds (not to
exceed $20,000) for a proposed wildlife crossing on lmmokalee Road with the
location yet to be determined.
Discussions took place on the various other avenues of protecting the Florida
Panther from vehicle fatalities in the area (warning horns or flashing lights, high
pitched whistlers on vehicles, etc.)
Mr. Penniman stated at the May 7, 2008 meeting the Conditional Use application
was reviewed and he raised the issue of the findings of the Strategic Aggregates
Review Task Force Report to the Legislature and subsequently has confirmed
they found there was "no significant crises of supply of aggregate materials" (in
Florida).
Mr. Penniman moved to approve Excavation Permit No. EXP-2008-AR-I2838
Hogan Island Quarry, Section (s) 9,10,15,16,21 and 22 Township 47 South,
Range 28 East subject to the recommendations (conditions of approval
document referenced above) and the following conditions.
I. The applicant adhere to the docwnent "Conditions of Approval Hogan Island
Quarry, CU-2006-AR-I0805" and attached Appendix #1 "Hogan Island Dust
Control Plan, Rinker Materials. ..
2. The work area artificial lighting shall be shielded, downward pointed lighting
(so lighting is diverted from adjacent properties). tJ ~.+k ,"'-UJ-J.t4d .fW"';
3. Flashing caution lights and signage be posted on t~~ ~Jt~"::ct~s"/:n':i; fr'''''~ ~~~:;:::;.0
Caml" KBaif ~traRd to warn drivers of the eminent danger of Panthers crossing ~
/"the road. Said sign and lights subject to the applicant receiving the
appropriate permits.
4. A sign be posted on the access road (in the area where drivers would stack
before the quarry opens or other appropriate location) to warn drivers of
Panthers crossing the roadways in the area. Said sign to be in Spanish and
English.
Mr. Bishof recommended a permit condition requiring the project not to
commence until the Panther Crossing for 1mmokalee Road is constructed. He
noted the proposed signage and warning lights are not adequate enough to address
the impacts on the Panther.
8
16' 1 A 7
January 7. 2009
Motion carried 7 ')es -] "no." Mr. Bishofvoted "no."
Mr. Bishof stated he voted "no" expressing concern over the traffic impacts on
the Panthers and the project does not contain adequate provisions to mitigate the
impacts.
Break - I2:05PM
Reconvene - 1:00PM
(Ms. Rynerson did not return)
VII. New Business
A. Background of RLSA program - Tom Greenwood and others
Tom Greenwood, Comprehensive Planning, Bill Lorenz,
Environmental Services Director; Anita Jenkins and Bruce Johnson of
Wilson Miller presented a slide show presentation as primer to the upcoming
Environmental Advisory Council Special evaluation of the Rural Lands
Stewardship Area Advisory Group Phase II Report. In conjunction with the
slideshow he submitted the following documents:
. Excutive Summary "Recommend to review and approve the February,
2008 Report of the Rural Lands Stewardship Area Committee entitled
"Rural Land Stewardship Area Five-Year Review, Phase I-Technical
Report" for use in the Rural Lands Stewardship Overlay District Phase 2
Report and authorize transimittal to the Florida Department of
Community Affairs. "
. Document "Rural Lands Stewardship Area Maturity (Proposed Rural
Lands Stewardship Area Overlay") prepared by Wilson Miller
· Document "The Collier County Rural Lands Stewardship Overlay"
presented to the Board of County Commissioners June 12,2002, Updated
January 7, 2009.
· Document "Rural Lands Stweardship Area Five- Year Review - Phase I _
Technical Review"
· Document "Rural Land Stewardhship Sending Area (SSA) Land
Charachteristics Summary" Spreadsheet last updated 11/25/2008.
It was noted the Conservation Easements generated within the Program are deeded to
Collier County and/or the Department of Agriculture and Consumer Services and are
perpetuaL
Tom Greenwood noted he would provide information to anyone interested on how
to obtain the GIS data utilized for the Program.
The Phase 2 Report will be reviewed by the Environmental Advisory Council on
January 29. 2009 with a carryover day of February 5. 2009, if necessary
9
Ja~J7Joo~ 7
Chairman Hughes requested permission to invite representatives within the Solar
Power industry to address the Committee on Solar Power issues. The Committee
agreed with the req uest
VIII. Old Business
A. Update members on projects
None
IX. Subcommittee Reports
None
X. Council Member Comments
Mr. Lehmann noted he continues to work on the Mission Statement
Dr. Hushon requested Staff to notify her when the "Keewaydin" project is scheduled
for the Board of County Commissioners Agenda.
Dr. Williams suggested the County require future applicants monitor the vegetative
filters proposed within projects to ensure they continue to function as intended.
Summer Araque recommended the Committee draft proposed Land Development
Code language on the suggestion for presentation to the Board of County
Commissioners who would direct Staff to undertake the amendment.
XI. 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 2:41 PM.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
/
These Minutes were approved by the B~X/Chairman on __ A/ +lc. ~e~t3,
as presented , or as amended _"
10
RECEIVED
JAN 2 7 2009
Fiala \l~/7 ;L.
Halas ~.
Henning----t7=:=_
Coyle
Coletta 4-- ~
16" 1 A
December 1, 2008
8
/
. ,county Commissioners
10ard Q. "
MINUTES OF THE MEETING OF THE COLLIER COUNTY
GOLDEN GATE COMMUNITY CENTER
ADVISORY COMMITTEE
Naples, Florida, December I, 2008
LET IT BE REMEMBERED, that the Collier County Golden Gate
Community Center Advisory Committee, 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 III
Ernie Bretzmann
Vicki Clavelo (excused)
Kaydee Tuff
Bill Arthur
ALSO PRESENT:
Annie Alvarez, Regional Manager/Region III
Vickie Wilson, Community Center Suprsndsm;:
Date: 03 l D DC}'
ltem#: to I ~
Copies to:
16 r!ce~er 1, ~08
I. Call to Order
The meeting was called to order at 6:00 PM by Chairman, Jim Klug Ill.
II. Attendance
A quorum was established.
III. Approval of Agenda
Remove: VI.D - Frontier Days
Add: VI.D - Bandstand
VI.E - 2009-2010 Budget Process
Bill Arthur moved to approve the Agenda as amended. Second by Ernie
Bretzmann. Motion carried unanimously4-0.
IV. Approval of November 3, 2008 Meeting Minutes
Bill Arthur moved to approve the Minutes as submitted. Second by Ernie
Bretzmann. Motion carried unanimously 4-0.
V. Old Business
A. Recreation Highlights
Vickie Wilson reported on the following:
o 13 trees will be on display at the 14th Annual Walk of Trees to be held
on December 8th through December 12th at 9 am to 5:30 pm.
o December 12th from 6- 8 pm the Center will have music and
refreshments.
o Flyers will be distributed to the schools.
o The public is encouraged to attend the display oflighted trees and
vote for their favorite by bringing food items for the needy.
Collection boxes will be located by each tree.
o The Annual Snow Fest is scheduled for December 6. 2008.
o There will not be a Trolley ride this year.
VI. New Business
A. Monthly Budget - Annie Alvarez distributed the (210) Monthly Report and
pointed out that it had been broken down by Personal Service, Operating
Expense and Capital Outlay. The monthly revenue came in $7,000 higher
than anticipated.
B. Budget Questions
Jim Klug asked the staff to provide a Gov Max Report every month.
Annie Alvarez responded that she could not access the Gov Max System.
At certain times of the year the system will only allow authorized staff to
access the in/ormation.
2
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16/"'1 fA 8
December 1, 2008
Annie Alvarez shared concerns of another Budget Cut and how it will affect
the Golden Gate Community Center. She stated the County will be cutting the
staffby 10% plus the Ad Valorem Taxcs will be less duc to the economic
conditions.
C. Board Member Applicants
Annie Alvarez stated thcre were 2-applicants for the GGCC Advisory
Board positions that will be vacant in January 2009. Bill Arthur. an
incumbent has submittcd his application for another term. The other applicant
is Ellen Shaw.
Jim Klug stated Peggy Ayres had expressed an interest in applying for one of
the vacancics and will follow-up with her.
Annie Alvarez stated applications would be accepted as long as there
IS a vacancy.
Jim Klug recommended accepting Bill Arthur and Ellen Shaw for the
vacancies on the GGee Advisory Board serving 3-year terms and forward
to the Bee for approval. Second by Kaydee Tuff. Motion carried 3- Yes
and 1 abstention. (Bill Arthur abstained)
Ernie Bretzmann stated ifno one applies by January, he would like to be
informcd.
D. Bandstand
Jim Klug would like the Bandstand lights put into next years' budget.
Annie Alvarez responded she had requested a new proposal.
The Committee members suggested providing family movies once a month at
the Bandstand with an inflated or canvas screen similar to the one used at
Cambier Park and partner with the Library.
Vickie Wilson responded she will rcsearch costs of inflated and canvas
screens and sponsorships.
E. 2009-2010 Budget Program
The Committee has been very frustrated with not getting clarification on
questions regarding the MSTU Funds benefiting the Community and would
like to ask the County to provide the Committee with a 2009-2010 Budget
with and without MSTU funds.
lt was noted the residents would have to vote if they felt the MSTU was no
longer needed.
Kaydee Tuff stated the Committee would not be taking the MSTU funds
away but having more control on what programs the MSTU funds are used
for.
,
,)
16~ A Q
"Jeclber 1, 2~8
Jim Klug moved that the Golden Gate Community Center Advisory
Committee (GGCCAC) respectively request the Collier County Parks and
Recreation Department to:
1) Begin the 2009-2010 FY Financial Budget process for the Golden Gate
Community Center (GGCC) by establishing a preliminary 2009-2010
Financial Budgets for the GGCC without utilizing projected 2009-2010 FY
fundsfrom the GGCCAC MSTU. This budget should keep the levels of
programs and services at the GGCC at least equal to the levels provided by
other County Community Centers to their respective communities.
2) Provide the GGCCAC with any programs or services that will be added
or deleted from the current GGCC levels and the costs asmciated with
restoring those programs or servicel' deleted.
3) Provide the information requested above to the GGCCAC at least 90
days prior to the date the GGCCAC must vote to approve the GGCC 2009-
2010 budget process at their monthly meetings.
The intent of this motion is to ensure that County Ad Valorem taxes are
utilizedfor programs and services provided at other County Community
Centers and that GGCCAC MSTU funds are utilized to provide
additional programs and services that benefit the taxpayers of the
GGCCAC MSTU.
Second by Kaydee Tuff. Motion carried unanimously 4-0.
Discussion ensued on the amount of time the Committee has spent trying to
find out if the Center and the GGCCAC MSTU are getting their monies worth
due to not having another facility to compare it to. The Committee was in full
agreement they need answers.
Jim Klug stated the Committee wants the highest level of support with the
service level being consistent and one the Committee can be comfortable with.
Kaydee Tuff stated the Committee wants to be shown what the programs
cost so they can make decisions.
Ernie Bretzmann stated when the Committee has asked what formula was
used and how they allocate the funds. They have been told they cannot
compare the Center with other locations. He stated there has to be a method
to the way they allocate expenses and funding. He asked if the Advisory
Committee has the authority to use the MSTU Contingency Fund anyway they
want and if the funds can be used for staffing.
Annie Alvarez responded she did not know because ofthe hiring freeze.
Bill Arthur stated the Advisory Committee has a right to spend the money
anyway they see fit.
Kaydee Tuffresponded they could use monies they way they would like but a
request would need to be submitted and approved by the Board of County
Commissioners
Vickie Wilson asked the Committee what their deadline was.
4
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16.1"1 A 8
December 1, 2008
Jim Klug said the Committee would need the information 90 days before the
2009/1 0 FY Budget is to be approved and reviewed by the Committee.
Annie Alvarez responded the budgets need to be prepared before the month
of January and have to consider the Summer Camp which is a different
budget. All budgets need to be completed by April. The BCC approves
budgets in September.
VII. Member Comments
Kaydee Tuff announced the trees for the Walk of Trees were being decorated this
weekend.
IX. 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 7:00 PM.
COLLIER COUNTY GOLDEN GATE
COMMUNITY CENTER ADVISORY
COMMITTEE
~*:~771
W. mes Klug It'I, Chao n
These Minutes were approved by the Advisory Board Chair on
as presented C><::.-, or as amended
5
16Vl A tj
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
AGENDA
January 5, 2009
I. Call to Order
II. Attendance - Establish a Quorum
III. Approval of Agenda
IV. Approval of Minutes - December 1, 2008
V. Old Business
A. Recreation Highlights - Vickie Wilson
VI. New Business
A. Monthly Budget - Annie Alvarez
B. Board Member Applicants
C. Election of 2009 Officers
VII. Member Comments
VIII. Public Comments
IX. Adjournment
The next meeting will be on February 2, 2009 at 6:00 PM
Collier County Golden Gate Community Center
4701 Golden Gate Parkway, Conference Room "C"
Naples, Florida
c
{~f", c "" " , 1
_.--.........~~-~=-._~.-,..,_...~
1611 R ~
MEMORANDUM
DATE: November 27,2008
TO:
Barry Williams, Parks and Rec
or
,
FROM: Sue Filson, Executive Manager
Board of County Commission
RE: Golden Gate Community Ceuter Advisory Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to suhmit an
application for consideration. I have attached the applications received for YOW' review as follows:
Ellen R. Barkin
4271 30th Avenue, S.W.
Naples, FL 34116
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration.
Please include in YOW' return memo the attendance records of the applicants recommended for
reappointment.
Please categorize the applicants in areas of expertise. If you have any questions, please call me
at 252-8097.
Thank you for your attentiou to this matter.
SF
Attachments
16flA 8
fjlson s
From:
.~t:
Subject:
EllenR1969@comcaslnet
Wednesday, November OS, 2008 1 0:S9 AM
filson s
New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)252-8097
Application was received on: 11/512008 10:58:58 AM.
Name: !Ellen R Barkin! Home Phone: 1239-234-023~
Home Address: 14271 30th Ave. swJ
City: lNaple~ Zip Code: IE!TII
Phone Numbers
Fax: ~39-263-00331 Business: 1239-263-00271
.Mail Address: 1911enR 1969@comcast.netl
Work Place: !contempo Direct, Inc.1
How long have you llved in Collier County: [:ill
Have you ever been convicted of any offense against the law? ~
lNot Indicate~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: /Golden Gate Community Center Advisory Board!
Category: lNot indicatedj
Do you currently hold public offfice? ~
flo you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
one at the esent time - reviousl involved with munerous Golden Gate in the role of GGC
1
!supervisor .1
1 t.. I; ..'1)
L~ > ~
A
8
.
.
2
<,_,~_.,~"_"""'__~,,,,,,,,"~,,~".. _'~'.~_"_.,..__......_~_~_..,__,..._...__,~...~~.,,__"....,m'_.,_,'...,,_. ..,_
D Fiala
RECEIVE Halas
Henning . / January 5, 2009
FES 0 9 2009 Coyle V
MINUnSot5'r'~ETING di9lffiE ~LIER COUNTY
GOLDEN GATE COMMUNITY CENTER
ADVISORY BOARD
l6/i1 A
e
Naples, Florida, January 5, 2009
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:
Jim Klug
Kaydee Tuff
Bill Arthur
Ellen Barkin (excused)
ALSO PRESENT: Vickie Wilson, Community Center SupervisorMiSC. Caffes
Date:
item#.
~",;:ies \0
..._-~,--_. ,
16':( lA 8
January 5, 2009
I. Call to Order
The meeting was called to order at 6:01 PM by Chairman, Jim Klug Ill.
II. Attendance
A quorum was established.
III. Approval of Agenda
Bill Arthur moved to approve the Agenda as submitted. Second by Kaydee TujJ.
Motion carried unanimously 3-0
IV. Approval of December 1, 2008 Meeting Minutes
Jim Klug requested a change to VI-C from Ayres to Harris.
Jim Klug moved to approve the Minutes as amended. Second by Kaydee TujJ.
Motion carried unanimously 3-0
V. Old Business
A. Recreation Highlights
Vickie Wilson reported the following:
. Latin Ballroom Dancing and Thai Chi are new programs being offered this
season.
. Trees displayed at the "Walk of Trees" were given to families that could
use them.
Discussions ensued on improving the "Open House" attendance for the "Walk of
Trees" event by lighting the trees on the first night and extending an invitation to
different school groups to sing on stage to attract more family participation.
Jim Klug suggested planting a "Community Evergreen Tree" at the Center for
future years to be decorated every year establishing a yearly tradition.
This would save on the cost of purchasing trees which was $800.
Kaydee Tuff suggested planting the tree by the Bandstand. She noted Max Hasse
Park District success when they had over 1400 in attendance for the lighting of
their tree.
Vickie Wilson distributed the "New" REAL Guide that will be available to the
Public quarterly. She distributed and reviewed the Golden Gate Community
Center, I st Quarter Revenue Report. (See attached)
VI. New Business
A. Monthly Budget - None.
B. Board Member Applicants
Vickie Wilson reported the BCC approved the following Advisory Board
Applicants:
. Bill Arthur - 3-year term.
2
1611 A 8
January 5, 2009
. Ellen Barkin - 3-year term. She will attend the February 2nd meeting.
It was suggested to ask Peggy Harris put in an application as she has shown
interest.
C. Election of 2009 Officers
Jim Klug recommended the Election 01'2009 Officers be suspended until
February 2, 2009 due to only three Board Members being present and would like
to include everyone in the process.
Bill Arthur moved to suspend the Election of 2009 Officers until the next
Advisory Board meeting when more Members will be present. Second by Jim
Klug. Motion carried unanimously 3-0.
VII. Member Comments
Jim Klug stated the last time the Advisory Board was considering installation of
bandstand lights; letters had been sent out to the Centers' neighbors
notifying and inviting them to the GGCC Advisory Board meeting and the
possibility of the installation of outdoor lighting. There was no attendance by the
public.
Vickie Wilson distributed pricing on Outdoor Movie Packages and under
"General Information and Details" states outdoor events usually requires a public
performance license. (See attached) Vickie received an email from Sonja
Williams asking for more details on the role the Library would play in
Sponsorship.
Discussions ensued on the role of the Library in Sponsorship of future outdoor
movie events and what assistance they may be able to provide and it was
determined the Center would like to use movies from their collection; whether or
not they have a Performance License the Center could operate under, if required;
and what movie equipment they have available to lend to the Center.
Kaydee Tuff suggested showing movies according to the season or Holiday.
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 6:40 PM.
3
"
16 I 1 J~Uary ~009
COLLIER COUNTY GOLDEN GATE
COMMUNITY CENTER ADVISORY
BOARD
77/
These Minutes were approved by the Advisory Board Chair on :;).. ,~ - 0 '7
as presented ~ or as amended .
4
Prol!:ram
Walk of Trees
Gator
PeeWee Dance
PeeWee Soccer
Folk Dance
Tumhling
Etiquette
Halloween Howl
Karate
Jr. Flag
Jr. Soccer
Basic Cheer
Advanced Cheer
Twirlers
Dance
Drama
PeeWee T-Ball
Comm. Yard Sale
Holiday Camp
5th Grade Dance
Late Skate
BMX Clinics
BMX Races
ASA
Skate Comp
BMX Practices
Golden Gate Community Center
1 st Quarter Revenue
Revenue
-$831.78
$2,181.76
$101.64
$45.17
$84.32
$96.37
$320.00
-$812.22
$521.76
$31.62
$45.17
$246.95
$313.21
$45.52
$435.92
$24.85
$54.21
$340.00
$154.90
$1,897.16
$48.83
$95.58
$953.67
$3,764.36
$56.04
$35.93
Participants
14 Trees
18
15
10
16
16
8
480
77
7
10
41
52
13
22
3
12
34
32
250
12
30
227
20
16
137
1611 A 8
16 t'l A ~
Page I of I
From: Sonja Williams [swilliams@colIier-lib.org]
Sent: Wednesday, December 31, 2008 9:26 AM
To: wilson v
Subject: Movies in the Park
Hi Vickie,
Sorry it has taken so long to get back to you, but I have been in and out during the holidays. I have spoken to our
Library Director, Marilyn Matthes and she has a couple of questions about your event. 1. What does co-
sponsorship from the library mean? 2. Do want money? 3. Do you want library staff to work the event? 4. Do
you want movies provided from our collection? Let me know what you might be thinking.
Sonja Williams, Librarian
Children's Department
Headquarters Branch Library
2385 Orange Blossom Drive
Naples, FL 34109
239-593-0870
SIN!li !a,"':ls~:gc()ille r -Ii b. org
fild/G'\GGCC\GGCCABlMovies in the Park htm
1/5/2009
" ," "'\iil' ~""! 16 I 1 A
()i'~(}Joor ~;t~(lI!\}~ ~"iljlOi~age~3i; ,
Rental Prices Effective June 1, 2007
8
GENERAL INFORMATION AND DETAILS:
MOVIE LICENSING:
Showing copyrighted movies for outdoor events usually requires a public performance license.
If you are hosting your own family or private outdoor movie night you won't need one. But if
your event is open to the public (even if you don't charge admission) you must get the proper
license. To get a license andlor to rent the movies, please contact: www,swank.comor
www.Criterionpicusa.com.
DELIVERY & SET-UP:
Package prices includes delivery and set-up in Lee, Collier, and Charlotte Counties. Additional
charges will apply to rentals outside of the local area. Our 'Movies in the Park" package can be
rented anywhere in Florida, however the client will pay for all travel expenses.
DEPOSITS:
To guarantee equipment availability, a 50% deposit is required with your reservation. The balance
must be paid the day of the event (We accept Master Card, Visa, American Express, as well as
checks and cash).
BACKYARD MOVIE PACKAGE:
This is our basic outdoor movie package. Perfect for smaller events
up to 75 people. Great for Backyard Movies, Sporting Events, Pool
Parties, Birthday Parties, Outdoor Wedding Receptions, etc.
Package Includes:
10-Foot (diagonal) Outdoor Projection Screen (8' wide x 6' high)
LCD Video Projector (3,500 Ansi Lumens), Stand, eve Player,
Stereo Sound System (2 speakers on stands)
Delivery, set~up, & tear-down of all equipment.
Package Rental Cost (per event)............................................... $ 795.00
OUTDOOR MOVIE PACKAGE:
A larger version of our basic movie package. Ideal for groups up
to 200 people. We include a larger screen, a brighter projector,
and a larger sound system. Great far Corporate Events as well.
PaCkage Includes:
15-Foat (diagonal) Outdoor Projection Screen (12' wide x 9' high)
LCD Video Projector {4,500 Ansi Lumens }, Stand, eve Player
Stereo Sound System (2 speakers on stands)
Microphone for speaking and announcements
Delivery, Set-up, & tear-down of all equipment.
Package Rental Cost (per event)................................................$ 995.00
MOVIES IN THE PARK:
This large inflatable screen is easily viewable by as many as 1,000
people. Great for Corporate Events, Concerts, Outdoor Movies,
Drive-in Movies, Sporting Events, Large Parties, and more.
Package Includes:
25-Foot (diagonal) Inflatable Outdoor Projection Screen
(actual picture area 20' wide x 15' high)
LCD Video Projector (5,800 Ansi Lumens or brighter)
Stand for projector, eve Player
Large Stereo Sound System (4 speakers on stands)
Microphone for speaking and announcements
On-site Video Technicians for set-up, operate and tear-down.
Package Rental Cost (per event).............................................$ 1,995.00
WEATHER & CANCELLATION POLICY:
Our screens may not be used if wind gusts are more than 15 MPH. Also, we will not be able to
set up electronic equipment If there is a possibility of rain or if the location is wet. Our on-site
technicians will make the final decision if the event must be cancelled due to bad weather.
If the event is cancelled once we are on-site, you will be billed for the full rate, however we will
apply 50% of the rental towards your next event. .. .
If the event is cancelled at least 24 hours in advance, a full refund of the depOSIt Will be gIVen.
If the event is cancelled less than 24 hours in advance, a 50% cancellation fee will apply.
MULTIPLE DAY DISCOUNTS:
Discounts are available for multiple days or multiple events. Please contact us for details.
AC POWER:
The client must supply AC power dose by for us to use to power our equipment. If AC power is
not available, a generator must be rented for an additional cost.
IUlADM'A"Idl'.Jlj/jS. ArnJfi"'D.<><'t 1,B,~~~P1figJ
~ll_ n__ ~ II ~.' ~r.l', ~.,) W~) 'th ";:;1 ~,d5G';\~ 1;\",
2058 Beacon Manor Drive, Fort Myers, FL 33907 (239) 939-2273 Fax: (239) 939-5966
Prices subject to change without notice.
"'-~...,................____~~_.____,__~.__""W"_~____~._.
[g~[guM~~~~/IA
Wednesday, December 3, 200~ nv-:
6'30 P ill FIala -l::::.~ 1
. .. Hal ~
Fire Station 71 - Golden Gate BoulevardHe~~ng'- <2
D;::;'~~t:iVt:D Coyle --k:::.
\ ,\ \,,,, . Committee Mem bers Coletta ..::::srz/
FE8 \l OJ LuDS Chairperson: Karen Acquard
.;o;;::({, ,1 \';:,;liil\":.; \~"lrl\nISsion'~:r::' Vice-Chairman: Jeffrey Curl
Member: Stephen Greenberg
Member: Linda Hartman
Member: Vacant
~
AGENDA
I. Call to Order
II. Approval of Minutes - September 22, 2008
III. Approval of Trcasurer's Report
IV. Member Vacancy (Update)
V. Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update)
VI. Big Cypress Elementary School- Playground Request
VII. Golden Gate Fire District - Funding Request
VIII. Public Comment/Other Discussion
IX. Next Proposed Meeting Date - January 26, 2008
X.
Adjournment
Mise Corres:
Date 0;) I D D9'
terr<: LI9 ~tl 8. CJ
.;.~~; k
16/1 A 9
~~~<<bJ~~~~
(jul.t Unwuaut Co4p~ (GAC)
Wednesday, December 3, 2008
6:30 p.m.
Golden Gate Estates Fire Station 71
100 13th St. SW
Naples, FL 34120
Golden Gate Estates
~~-~
N?&wt-~- ~
~fg~-~
~-~
~-~
~cm 9Jiu6 - Property Acquisition Specialist, Real Property Management
Distribution: Minutes - September 22, 2008
Treasurer's Report
New Member Applications
Advisory Board 4-Year Review
Memo regarding reimbursement for mileage
I. Call to Order - This meeting of the Golden Gate Estates Land Trust Committee was called to
order by Chairperson Karen Acquard at 6:30 p.m.
II. Approval of Minutes - September 22, 2008 - The first order of business on tonight's agenda is
the approval of the minutes from the previous meeting which was held on September 22, 2008.
The Committee members have reviewed the minutes and with no further discussion, Chairperson
Acquard called for a motion to approve the minutes as presented. A motion to approve the
minutes was made by Stephen Greenberg and a second to the motion was made by Jeff CurL The
minutes were approved unanimously.
III. Approval of Treasurer's Report - The next item on the agenda is the approval of this month's
Treasurer's Report. The Treasurer's Report was presented to the Committee members as part of
their meeting packets. The Ending Cash Balance for this month's Treasurer's Report is
$1,656,533.02 and the Available Cash Balance is $1,506,533.02. After the Treasurer's Report
was presented Chairperson Acquard called for a motion for approvaL A motion to accept and
approve the Treasurer's Report as presented was made by Jeff Curl and a second to the motion
was made by Stephen Greenberg. The Treasurer's Report was approved unanimously.
-_....._-."._~." .~~..".~.~-,..,....-_."'._"--<-,"'.".~;~~-_."'~.".." .~,~-_."._~-,,""-,~.,_....~-,.
IV.
16 ,.' A 9
Member Vacancy (Update) - The next item on the agenda for this meetin! orte GAC Land
Trust Committee is our member vacancy update. At tonight's meeting we have two potential
applicants in attendance.
The Committee members conducted interviews with the two applicants to potentially fill the two
vacancies we currently have on the Committee.
The first interview was conducted with Mr. David Farmer as his application was received by staff
first. Mr. Farmer began the interview by introducing himself to the Committee. Mr. Farmer was
asked about his past history of serving on Committees and Advisory Boards to which he gave a
brief history of his past service. Mr. Farmer also inquired into what the Committee can and cannot
fund.
The second interview was conducted with Ms. Pat Humphries. Ms. Humphries introduced herself
to the Committee. Ms. Humphries gave the Committee a brief history of her experience in other
advisory boards and committees. Ms. Humphries had a question with regard to the figures on the
Treasurer's Report. Ms. Humphries was advised that the column on the right side of the report is
what we have available while the column on the left side is provided to us by the Finance
Department. Ms. Humphries also asked about our pending transactions and these transactions
were explained by Chairperson Acquard.
With no further questions or comments from the Committee or the applicants, Chairperson
Acquard called for motions to recommend appointment of the two applicants.
The first motion was for Mr. Farmer and was made by Stephen Greenberg. A second to the
motion was made by Jeff Curl. With no further discussion, the Committee voted unanimously to
recommend that Mr. David Farmer be appointed to the Committee.
The second motion was for Ms. Humphries and was made by Jeff CurL A second to the motion
was made by Stephen Greenberg. With no further discussion, thc Committee voted unanimously
to recommend that Ms. Pat Humphries be appointed to the Committee.
V. Request for land transfer from Parks & Rec Dept. - 47+ acre parcel (Update) - We have no
update to report on this item at this time.
VI. Big Cypress Elementary School - Playground Request - We have no update to report on this
item at this time.
VII. Goldeu Gate Fire District - Fuudiug Request - The Committee was advised by Staff that this
item is going before the Board of County Commissioners at their December 16, 2008 meeting.
VIII. Public Comment/Other Discussion - Staff had two items to discuss at this point in the meeting.
The first item of discussion is the Advisory Board 4-year Review that must bc completed. The 4-
year Review was prepared by Staff and presented to the Committee members at this meeting for
their review. After reviewing the document and a brief discussion, onc change was recommendcd.
Chairperson Acquard then called for a motion to be made to ace cpt the 4-year Review pending the
recommended change. Making this motion will allow Staff to make the revision and have
Chairperson Acquard sign off on the 4-year Review without having to call a special meeting. This
motion was made by Stephen Greenbcrg and a second to the motion was made by Jeff Curl. This
item was approved unanimously.
The next item to be discussed by Staff is the mileage reimbursement for Advisory Board
members. Staff was provided with a packet that included a letter explaining the mileage
reimbursement, directions for filing tor the reimbursement and a mileage reimbursement form.
,---,--~-,------~--------.".....-_.~",.._. "
16 /1 A 9
Staff provided all Committee members with this packet for their review. A question was brought
up as to whether the mileage was to be calculated from the member's home or from where they
actually arrive at the meeting from. StatT advised that they were not sure and would have to
check.
At this point, there was no further public comment or discussion.
IX. Next Proposed Meeting Date - January 26, 2008 - The next proposed meeting date was
discussed and all members agreed that the next meeting will be held on Monday, January 26,
2008.
X. Adjournment - At this point in the meeting Chairperson Acquard called for a motion to adjourn
this meeting of the Golden Gate Estates Land Trust Committee. A motion for adjournment was
made by Jeff Curl and a second to the motion was made by Stephen Greenberg. The motion for
adjournment was approved unanimously.
This meeting of the Golden Gate Estates Land Trust Committee was adjourned at 7:35 p.m.
(".~
u ci L_r/
erson
,
,
v
16/1 A 9
Memorandum
To:
~/l1
Sue FilSulI, ~cutive Manager
Board of County Commissioners
From:
Jason Bires .~
Property Acquisition Specialist -
Date:
February 3, 2009
Subject: Golden Gate Estates Land Trust Committee Minutes -
Signed by Chairperson Karen Acquard
Sue, please find attached a copy of the approved GAC Land Trust
Committee Meeting Minutes signed off by Chairperson Karen Acquard.
The minutes and agendas from the following meetings are attached:
December 3, 2008
Thank you.
Attachments as stated
Real Property Management Department
r"iala
Halas
Henning
Coyle
Colettlil
RECEIVED
JAN 3 0 2009
16/1fl!o
y'/
November 19, 2008
,
i\i
Y
MINUTES OF THE MEETING OF THE COLLIER COUNTY
HISTORICAL/ARCHAEOLOGICAL PRESERV A nON BOARD
:3oard ;)1 COlmh' C'Jrnnl!SSloqe~
Naples, Florida, November 19,2008
LET IT BE REMEMBERED, that the Collier County HistoricaV
Archaeological Preservation Board in and for the County of Collier, having
conducted business herein, met on this date at 9:15 A.M. in REGULAR
SESSION at the Collier County Community Development Services Division
Conference room #609, 2800 N. Horseshoe Drive, Naples, Florida with the
following members present:
CHAIRMAN: Elizabeth Perdichizzi
William Dempsey
Patricia Huff
Sharon Kenny (Excused)
Craig Woodward
ALSO PRESENT: Melissa Zone, Zoning & Land Development
Steve Williams, Assistant County Attorney
Cheri Rollins, Administrative Assistant
MISC. Caffes
Date: D6 /1 D ) 09
"em # 1B Ll)A 14
161,1 A:~o
November 19, 2008
L Roll Call/Attendance:
Chairman Perdichizzi called the meeting to order at 9:25A.M.
Roll Call was taken and a quorum established.
n. Addenda to the Agenda: None
III. Approval of Agenda
Craig Woodward moved to approve the Agenda as presented. Second by Patfy
Huff. Carried unanimously, 4-0.
IV. Approval of Minutes: October 29, 2008
Craig Woodward moved to approve the minutes of October 29, 2008, as
presented. Second by Will Dempsey. Carried unanimously, 4-0.
V. Department of Zoning & Land Development Review Report:
A. Nothing to Report
VI. Old Business:
A. Naples Depot update
Melissa Zone reported that the City of Naples has jurisdiction over the Naples
Depot and the HAPB had no review or monitoring authority.
Discussion ensued regarding inter-local agreements with Marco Island, Naples
and Everglades City.
Attorney Steve Williams and Melissa Zone, after searching office files and the
Clerk's Public Records, were not able to locate either a City of Naples or a City of
Marco inter-local agreement copy, though one was purported to exist. They will
both continue to research.
Craig Woodward will contact the City of Marco officials for a copy of what they
have on record. He questioned the oversight loophole which appears to be in
place. He suggested inter-local agreements be pursued, whether or not Ordinances
cover historical preservation requirements and who monitors renovations,
removals etc. at Historically Designated sites.
This topic will be put on the next scheduled HAPB meeting's agenda after further
researching the inter-local agreements currently in place.
B. Discuss alternative dates and times for HAPB meetings
Following discussion of the Ordinance and Advisory Board requirements, it was
decided to continue to meet monthly on the 3'd Wednesday of the month. unless
there is no business to conduct; and, to skip December's meeting.
Craig Woodward moved to eliminate the December meeting and resume the
regular schedule on January 21, 2009. Second by Will Dempsey. Carried
unanimously, 4-0.
2
16 J 1 It Ie
November 19,2008
C. Lake Trafford Canoes Response Letter
The response letter to Chairman Perdichizzi's request for information to the
Department of State Division of Historical Resources provided a good deal of
new information which resulted in a lively discussion regarding ways to ensure
the preservation and transfer to a museum some of the better preserved Indian
canoes discovered in Lake Trafford.
Collier County Museum Director, Ron Jamro, State Archaeologist Ryan
Wheeler and the Janus Research report, "Littoral Survey of Lake Trafford"
prepared for the South Florida Water Management District, will be consulted.
Funding options and State and County approvals will be sought.
Will Dempsey offered to conduct an on-site investigation of the canoes as part of
an Environmental Project he will be participating in.
Craig Woodward moved to have Will Dempsey lead the "expeditionary force"
to investigate the Lake Trafford Canoes. Second by Patty Huff
Carried unanimously, 4-0.
Upon the assembling of all information, Ron Jamro will be invited to a HAPB
meeting to provide input to the restoration effort.
VII. New Business
A. Mr. Hammond - Presentation on the Naples Cultural Landscape Fund
MI'. Hammond was not present at the meeting.
A brief discussion followed reviewing the various items that Mr. Hammond
wanted the Board to consider.
B. Review and Recommendation ofHAPB Member Applications
(Richard Taylor and Pam Brown)
A review and brief discussion of each candidate's application was conducted.
Craig Woodward moved to recommend acceptance of both Richard Taylor
and Pam Brown as members ofHAPB. Second by Will Dempsey.
Carried unanimously, 4-0.
Melissa Zone will send a memo to the BCC for their approval noting the HAPB
recommendations and will invite both candidates to the January meeting.
VIII. Public Comments - None
IX. Committee Announcements
Patty Huff announced a fundraiser on Dec.IS to help with medical expenses in
memory of Carol Moseman, the Past-President of the Everglades City Historical
Society. The balance will go to the Friends of the Museum memorial for her.
She also called attention to the fact that the Original Collier County Bank building
in Everglades City was for sale, stating the County or the Museum may have an
interest in it.
3
1611ALO
November 19, 2008
Melissa Zone noted the FGCU talk on Shell Mounds on Marco on Nov.19.
Chairman Perdichizzi mentioned the SWFAS Picnic at Roberts Ranch in to be
held in December. She will see that more information is e-mailed to the Board
Members.
Craig Woodward provided an update on the progress at the Marco Museum site,
which will have an Indian theme and include a large shell mound centered with a
lagoon and surrounded by an estuary, with artificial thatched roofed structures just like
the ones at Disney World.
Chairman Perdichizzi commented the preserved canoes would be perfect for the Calusa
Room at the Museum.
The next scheduled meeting will be held Wednesday January 21, 2009 at 9:15 AM
There being no furtber business for the good of the County, the meeting was
adjourned by order of the chair at 10:20 A.M.
COLLIER COUNTY mSTORICAL/ARCHAEOLOGICAL
PRESERVATION BOARD
"
~
i /
._:".2i'I,...&~1f\ \ ~,,/\ ~~ , \." \ Y} i- 1
Chairma'n Elizabeth Perdichizzi ) I.
These minutes approved by the ~. mittee on
as presented or a me
1/Z7/()Q
4
eRA Governine Board
Commissioner
Donna Fiala
Chair
Commissioner
Tom Henning
Commissioner
James N, Coletta
Commissioner
Fred W. Coyle
Commissioner
Frank Halas
State Enterorise Zone
Develooment A2encv
Board lEZDA)
Fred N. Thomas, Jr
Chairman
Bernardo Barnhart
Capt. Tom Davis
Robert Halman
Ex-officio
Julio Estremera
Kitchell Snow
Floyd Crews
Ana Salazar
Richard Rice
Rick Heers
Eva Deyo
eRA Staff
Penny Phillippi
Executive Director
239252.2310
Bradley Muckel
Project Manager
239.252.5549
Christie Betancourt
Administrative Assistant
239.252.2313
RECEIVFD 1~~~LU C~
l:ommunity Redevelopment Agency
.IAN 29 2009 iThe PI'Ice to ('III Hamel
joard of County Commissioners
EZONE MEETING AGENDA
State Enterprise Zone Development Agency
January 26, 2009 - 9:30 to 9:45 AM
Career and Service Center of Collier County-immokalee
750 South 5th Street
lmmokalee, Florida, 34142
A.
Call to Order.
B.
Roll Call and Announcement of Quorum.
c.
Adoption of Agenda.
D.
Communications.
II
Fiala
Halas
Henning
coyle
Coletta 1( ~
16/1111/
Consent Agenda.
1 . Approval of Minutes
a. Regular Meeting - December 17, 2008 (Enclosure I)
2. Enterprise Zone Reports
a. Enterprise Zone Activities Monthly Report (Enclosure 2)
b. Quarterly Report (Enclosure 3)
E.
F. Old Business.
G.
New Business.
1 . Enterprise Zone Program logo
Citizen Comments.
H.
I.
Next Meeting. February 18,2009 at 9:30 A.M.
J.
Adiournment.
\i,~SC, Corres.
Date Do/ LPJ.D9
'pm)~ LIQIL!:)d t \
eRA GoverniDl! Board
Commissioner
Donna Fiala
Chair
Commissioner
rom Henning
Commissioner
James N, Coletta
Commissioner
Fred W. Coyle
Commissioner
Frank Halas
CRA Advisory Board
Fred N. Thoma~, Jr.
Chairman
Bernardo Barnhart
Capt. Tom Davis
Robert Halman
Ex-officio
J u] io Estremera
Kitchell Snow
F]oyd Crews
Ana Salazar
Richard Rice
Rick Heers
Eva Deyo
CRA Staff
Penny Phillippi
Executive Director
239252.2310
Bradley Muckel
Project Manager
239.252.5549
Christie Betancourt
Administrative Assistant
239.252.23 ]3
Action:
:,ponsor,
RECEIVED IMMO~LEIE C~
JAN 2 9 20~ommunity Redevelopment Agency
BOardOfCountvCommiSS'Ol1e~The Pl'1ce to ('111 Homel
1611M~
FIala C ,: ?:...-.L
Halas
Henning
Coyle
Coletta
j
CRA MEETING AGENDA
Community Redevelopment Agency Advisory Committee
January 26, 2009- 9:4S to 10:30 A.M.
Career and Service Center of Collier County-Immokalee
7S0 South Sth Street, Immokalee, Florida, 34142
A. Call to Order.
B. Roll Call and Announcement of a Ouorum.
C. Introductions.
D. Adoption of Agenda.
E. Communications.
F. Consent Items.
I. Approval of Minutes
a. Regular Meeting December 17,2008 (Enclosure I)
2. Committee Applications
a. Application from Edward "Ski" Olesky (Enclosure 2)
b. Application from Michael Facundo (Enclosure 3)
c. Application from James Wall (Enclosure 4)
3. RWA, Inc.
a. December Report (Enclosure Sa)
b. December Invoice (Enclosure Sb)
c. Change Order One Invoice (Enclosure Sc)
4. Commercial Fayade Improvement Program Monthly Report (Enclosure 6)
G. Old Business.
1. County Code Enforcement Monthly Highlights in Immokalee, Kitchell Snow
H. New Business.
I. Nominations from the floor.
2. Election of Officers (Enclosure 7)
3. News Articles (Enclosure 8)
4. Operational Plan Workshop
5. Publish Annual Report
I. Citizen Comments.
J. Next Meeting Date. February 18,2009 at 8:30 AM
K. Adjournment.
. The next joint Advisory BoardlEZDAlIMPVC meeting will be held February 18, 2009, at
8:30 A.M. at the Career and Service Center located at 750 South 5'h Street in Immokalee.
.. There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30pm
at a place to be announced in Immokalee and will be appropriately noticed and announced in
advance of such meetings.
All meetings will be publicly noticed in the W. Hannon Turner Building (Building F), posted at
the lmmokalee Public Library and provided to the County Public Infonnation Department for
distribution. Please Christie Betancourt, Administrative Assistant, at 239.252.2313 for
additional information. In accordance with the American with Disabilities Act, persons needlng
assistance to participate in any of these proceedings should contact Christie Betancourt,
Administrative Assistant, at least 48 hours before the meeting. The public should be advised that
members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory
Board are also members of the other Boards and Committees, includingiut \:l't ~ited to:
EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fi l!'tI'o ffillss'ion, an~ I
the Collier County Housing Authority; etc. In this regard, matters comin!;.,.l:.~fore the IMPVC l D D9
and th~ Advis?ry Board may come before one or more of the referenced BO~eafHi CVlIJllllnee'j / ~I^" 'I
from lime to tIme. .l..kil Lip l c:t
I item # ..~._-' -
"'~:r~ \,-,
3.
Mr. Thomas announced that each member of the CRA Advisory Committee had
received by email and by hard copy the Executive Director's Self Evaluation and an
Evaluation Form. He asked that CRA Advisory Board members complete the
Evaluation Form by the end of the day and provide it to Ms. Phillippi.
Downtown/Public Realm Plan.
Ms. Phillippi announced that the Downtown/Public Realm Plan Change Order for
R W A was approved by the BCC on Tuesday, December 16th She announced that no
Notice to Proceed was required but asked Mr. Vanasse to let Land Design
Innovations know to get started.
EDC Proiect Innovation Letter of Support and Endorsement Packet.
Ms. Winchell provided those present with a brief explanation as to the purpose
and goals of Project Innovation and requested that the CRA join as one of the
Sponsors.
Mr. Estremera made a motion that the eRA support Project Innovation, join as a
and agree to be full participants in the program. Mr. Rice seconded the motion and the
"
4.
IMMQ~LEE C~
Community Redevelopment Agency
i The Pl'1ce to c'1ll Hamel
1611A:tt
Enclosure 1
MINUTES
Enterprise Zone Development Agency
December 17,2008
A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 9:03 A.M.
Roll Call and Advisory Board/EZDA Members Present:
Fred N. Thomas, Jr., Richard Rice, Captain Tom Davis, Julio Estremera, Kitchell Snow,
Eva Deyo, Floyd Crews, Richard Heers, Bernardo Barnhart, Robert Halman, and Ana
Salazar.
Advisory Board/EZDA Members Absent/Excused:
Two vacancies.
A quorum was announced as being present.
lmmokalee Master Plan and Visioning Committee Present:
Fred N. Thomas, Jr., Edward (Ski) Olesky, Carrie Williams, Richard Rice, Floyd Crews,
Rick Heers, and Rev. Jean Paul.
IMPVC Members Absent/Excused: Clarence S. Tears. Jr. and two vacancies.
A quorum was announced as being present.
Others Present: Denise Handapangoda, PhO., Judy Hushon, Susi Winchell, Patrick
Vanasse, Jeff Mechlin, Maria Rodriquez, Michael Talundo, and Mitch Hutchcraft.
Staff: Penny Phillippi, Bradley Muckel and Christie Betancourt.
C. Adoption of the Agenda.
Action: Ms. Deyo moved to adopt the Agenda. Mr. Crews seconded the motion and the Agenda
was approved by unanimous vote.
D. Approval of Minutes. November 19,2008
Action: Mr. Rice moved to approve the November 19, 2008 Minutes, Capt. Davis seconded the
motion and the Minutes were approved by unanimous vote.
E. Communications. - See Joint Meeting Minutes.
F. Consent Agenda.
Action: Mr. Crews made a motion to approve the Consent Agenda with the changes indicated,
Mr. Estremera seconded the motion and the motion was passed by unanimous vote.
G. Old Business.
H. New Business.
1. Citizen Comments.
J. Next Meeting Date.
K. Adiournment.
B.
Action:
Action:
January 21,2008 at 8:30 A.M.
This meeting was adjourned at 9:05 A.M.
IMMOKALEE eRA
Community Reclevelopment Agency
iThe Pl'1ce to C'1Il Home!
161141/
Certification of Minutes Approval Form
i, Executive D' or
Community Redevelopment Agency
Fred .
, f.,
These Minutes for the December 17, 2008, CRA Advisory BoardlEZDAJIMPVC Meeting
were approved by the CRA Advisory BoardlEZDAJIMPVC Committee on January 26,
2009, as presented.
* The next joint Advisory Board/EZDAlIMPVC meeting will be held February 18, 2009 at
8:30A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee.
** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30
P.M. at the Career and Service Center located at 750 South 5th Street in Immokalee and will be
appropriately noticed and annotIDced in advance of such meetings.
All meetings will be publicly noticed in the W. Harmon Tumer Building (Building F), posted at the Immokalee
Public Library and provided to the County Public Information Department for distribution. Please call Christie
Betancourt, Administrative Assistant, at 239-252-23 I3 for additional information. In accordance with the American
with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie
Betancourt, Administrative Assistant, at least 48 hours before the meeting, The public should be advised that
members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members
of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment
Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard,
matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board
and Committees from time to time.
IMMOKALEE eRA
Community Reclevelopment Agency
iThe P!'1ce to c'1ll Hamel
16 I 1 -4-t1.--
Certification of Minutes Approval Form
i, Executive D' or
Community Redevelopment Agency
Fred
These Minutes for the December 17,2008, CRA Advisory BoardlEZDAJIMPVC Meeting
were approved by the CRA Advisory BoardlEZDAJIMPVC Committee on January 26,
2009, as presented.
* The next joint Advisory Board/EZDAlIMPVC meeting will be held February 18, 2009 at
8:30A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee.
** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30
P.M. at the Career and Service Center located at 750 South 5th Street in Immokalee and will be
appropriately noticed and annotIDced in advance of such meetings.
All meetings will be publicly noticed in the W. Harmon Tumer Building (Building F), posted at the Innnokalee
Public Library and provided to the County Public Information Department for distribution, Please call Christie
Betancourt, Administrative Assistant, at 239-252-23 I3 for additional information. In accordance with the American
with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie
Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that
members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members
of the other Boards and Committees, including, bnt not limited to: EZDA, Immokalee Local Redevelopment
Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard,
matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board
and Committees from time to time,
IMMOKAHE eRA
COfJJmunity Reclevelopment Agency
iThe P['1ce to c'1ll Hamel
16/1Asth
MINUTES
lmmokalee Local/Redevelopment Agency
December 17,2008
A. Call to Order. The meeting was called to order by Fred N, Thomas, Jr. at 9:03 A.M.
B. Roll Call and Announcement of a Ouorum,
Advisory Board/EZDA Members Present:
Fred N, Thomas, Jr., Richard Rice, Captain Tom Davis, Julio Estremera, Kitchell Snow, Eva
Deyo, Floyd Crews, Richard Heers, Bernardo Barnhart, Robert Halman, and Ana Salazar,
Advisory Board/EZDA Members Absent/Excused:
Two vacancies.
Action: A quorum was announced as being present,
lmmokalee Master Plan and Visioning Committee Present:
Fred N, Thomas, Jr., Edward (Ski) Olesky, Carrie Williams, Richard Rice, Floyd Crews,
Rick Heers, and Rev. Jean Paul.
IMPVC Members Absent/Excused: Clarence S, Tears, Jr. and two vacancies,
Action: A quorum was announced as being present,
Others Present: Denise Handapangoda, PhD" Judy Hushon, Susi Winchell, Patrick Vanasse,
JeffMechlin, Maria Rodriquez, Michael Talundo, and Mitch Hutchcraft,
StatI: Penny Phillippi, Bradley Muckel and Christie Betancourt,
C. Introductions, - See Joint Meeting Minutes,
D. Adoption of Agenda,
Action: Mr. Heers moved to adopt the Agenda, with the following changes, (1) item 0-3, was pulled
of/the Agenda. (2) item 0-2 was pulled/or discussion and moved 1-4. Mr. Rice seconded the motion
and the Agenda was adopted by unanimous vote,
E, Approval of Minutes, November 19. 2008
Action.'Ms, Deyo moved to approve the November 19, 2008 Minutes, with changes as noted, Mr.
Rice seconded the motion and the Minutes were approved by unanimous vote.
F, Commtmications, See Joint Meeting Minutes,
G. Consent Agenda Items,
Action: AIr. Crews made a motion to approve the Consent Agenda with the changes indicated,
Mr, Estremera seconded the motion and the motion was passed by unanimous vote.
H, Old Business.
I, County Code Enforcement Monthlv Highlights in lmmokalee.
Kitchell Snow introduced Maria Rodriquez, one of the Code Enforcement Officers in
lmmokalee, He reported that three units are under demolition and that Code
Enforcement will not conduct a monthly sweep during December.
L New Business
I. Nominating Committee,
Captain Davis announced that the nominating committee wished to nominate Fred N,
Thomas, Jr. as Chair and Mr. Dick Rice as Vice-Chair for the upcoming year, Ms,
Phillippi announced that an election will be held at the January meeting of the CRA
and that the Chairman will accept nominations from the floor prior to the election,
The annual election of officers will be held at the first meeting of the year scheduled
for January 21, 2009.
Executive Director's Evaluation,
Mr. Thomas announced that each member of the CRA Advisory Committee had
received by email and by hard copy the Executive Director's Self Evaluation and an
Evaluation Form, He asked that CRA Advisory Board members complete the
Evaluation Form by the end of the day and provide it to Ms, Phillippi,
Downtown/Public Realm Plan,
Ms, Phillippi announced that the Downtown/Public Realm Plan Change Order for
R W A was approved by the BCC on Tuesday, December 16th, She announced that no
Notice to Proceed was required but asked Mr. Vanasse to let Land Design
Innovations know to get started,
EDC Proiect Innovation Letter of Support and Endorsement Packet.
Ms, Winchell provided those present with a brief explanation as to the purpose
and goals of Project Innovation and requested that the CRA join as one of the
Sponsors.
Action: Mr, Estremera made a motion that the CRA support Project Innovation, join as a
sponsor, and agree to be full participants in the program, Mr, Rice seconded the motion and the
motion passed by unanimous vote.
J, Citizen's Comments,
K, Next Meeting Date.
L. Adiournrnent:
1 fJdJ 11. It- t1---
2,
3,
4,
January 21, 2009 at 8:30 AM
The meeting was adjourned at 9:30 AM
2
eRA Governinl! Board
Commissioner
Donna Fiala
Chair
Commissioner
Tom Henning
Commissioner
James N. Coletta
Commissioner
Fred W. Coyle
Commissioner
Frank Halas
eRA Advisory Board
;!;.
State Enternrise Zone
Al!encv Board
Fred N. Thomas, Jr.
Chairman
Bernardo Barnhart
Capt. Tom Davis
Robert Halman
Ex-officio
Julio Estremera
KitcheI1 Snow
Floyd Crews
Ana Salazar
Richard Rice
Rick Heers
Eva Deyo
"laster Plan &
Visioninl! Committee
Fred N. Thomas, Jr
Chairman
Edward (Ski) Olesky
Clarence S. Tears, Jr.
Pastor Jean C. Paul
Carrie Williams
Floyd Crews
Estil Null
Rick Heers
Dick Rice
CRA Staff
Penny Phillippi
Executive Director
239.252.23 I 0
Bradley Muckel
Project Manager
239.252.5549
Christie Betancourt
Administrative Assistant
2392522313
RECEIVED !MMOl'.AlEIE C~
JAN 2 9 2~ommunity Redevelopment Agency
fcoun~comm"sioncr.iThe P[qce to eqll Hamel
Board 0 'I
H_' :fi'A,J
Coyle
Coletta ~/
,/
FIala
Halas
JOINT MEETING AGENDA
Immokalee Master Plan and Visioning Committee And
Community Redevelopment Agency Advisory Committee
16/1 AI~
January 26, 2009- 8:30 A,M,
Career and Service Center of Collier County-Immokalee
750 South 5th Street, Immokalee, Florida, 34142
A,
B,
C.
D,
E,
F,
Call to Order.
Roll Call and Announcement of a Quorum,
Introductions,
Adoption of Agenda,
Communications.
1, January Public Notice (Enclosure 1)
2, Revised LDC Amendment, RW A (Enclosure 2)
Consent Agenda,
I. Approval of Minutes,
a, Regular Meeting December 17, 2008 (Enclosure 3)
2, Seats on the IMPYC
a, One applicant - Pam Brown (Enclosure 4)
Old Business,
I, Red.Flag System - Open for Discussion
a, Dr. Handapangoda written request for Fal'ade Program waiver (Enclosure 5)
Dr. Handapangoda Fal'ade Program application (Enclosure 6)
2, Discussion of Annual Report Workshop, Friday, 1/16/09, BCC Chambers
a, Update on Immokalee Area Master Plan Review Process
New Business,
1, Streets and Drainage Sub-Committee Report
a, Guardian Community Resource Management, Inc, Task Order (Enclosure 7)
Citizen Comments,
Next Meeting Date, Regular Meeting February 18, 2009 at 8:30 AM
Adioumment.
G,
H,
I.
J,
K,
!, 'OC Corres:
Date O?J l DID 9
I \^
tern #j \QrL\/-=:Il~
, t.i\i4;M()~\.U eRA
Community Reclevelopment Agency
iThe P['1ce to C'1!1 Home'
Enclosure 3
16 J 1 A J~
JOINT MEETING MINUTES
lmmokalee Master Plan and Visioning Committee and
Community Redevelopment Agency Advisory Committee
December 17,2008
A. Call to Order. The meeting was called to order by Fred N, Thomas, Jr. at 8:45 A.M.
B, Roll Call and Announcement of a Ouorum,
Advisory Board/EZDA Members Present:
Fred N, Thomas, Jr., Richard Rice, Captain Tom Davis, Julio Estremera, Kitchell Snow,
Eva Deyo, Floyd Crews, Richard Heers, Bernardo Barnhart, Robert Halman, and Ana
Salazar.
Advisory Board/EZDA Members Absent/Excused:
Two vacancies,
Action: A quorum was announced as being present,
lmmokalee Master Plan and Visioning Committee Present:
Fred N, Thomas, Jr" Edward (Ski) Olesky, Carrie Williams, Richard Rice, Floyd Crews,
Rick Heers, and Rev, Jean Paul.
IMPVC Members Absent/Excused: Clarence S. Tears, Jr, and two vacancies.
Action: A quorum was announced as being present,
Others Present: Denise Handapangoda, PhD., Judy Hushon, Susi Winchell, Patrick
Vanasse, Jeff Mechlin, Maria Rodriquez, Michael Talundo, and Mitch Hutchcraft,
Staff: Penny Phillippi, Bradley Muckel and Christie Betancourt,
C. Introductions,
Each person introduced themselves,
D, Adoption of Agenda.
Action: The Agenda was adopted with one change (Items If 1, a. & b.) ajier a motion by
Mr, Crews and a second by Mr. Rice,
E. Approval of Minutes, November 19,2008.
Action: Both set of Minutes approved unanimously upon a motion by Mr, Rice and a
second by Ms, Williams.
F, Communications.
The Executive Director offered the new Noise Ordinance for inclusion. Mr. Snow stated
that he would like to like to present the Ordinance at the January 2009 Meeting,
G, Consent Agenda,
Action: Mr. Heers offered a motion to approve the Consent items, the RWA Monthly
Report and Invoice, Mr. Rice seconded the motion and the Consent items were approved
by unanimous vote.
H. Old Business,
\, Update on lmmokalee Area Master Plan Review Process/LDC Update Process,
Ms, Phillippi asked Mr, Vanasse to provide and update on the Master Plan, He
reported that the Draft Master Plan was submitted to the Collier County
Comprehensive Planning Department, along with the $19,000 fee, for review as a
Comprehensive Plan Amendment. He also reported that the staff at the Planning
Otftce stated that it may not be completed until the fall of201O,
1611 A~
Red Flag Svstem - Open for Discussion.
Dr. Handapangoda requested that she be added to the January Agenda in order to
provide a written request for a waiver toward the application for a Commercial
Fayade Program Grant and to garner the support of the CRA Advisory Board and
the 1MPVC.
New Business,
I. Seats on the 1MPVC
a, Mr. Thomas announced that the IMPVC still has two vacant seats that
need to be filled,
The Executive Director offered the application of Estril Null for
consideration and recommendation to the CRA Board for one of the
vacant seats on the 1MPVC.
Action: Mr, Crews made a motion that Estril Null be accepted as a member of the IMPVC
and a recommendation sent to the CRA BoardjiJr their approval. Mr, Rice seconded the motion
and it was passed by unanimous vote.
1. Citizen Comments,
J, Next Meeting Date,
K, Adjournment.
2,
1.
b,
January 21,2009 at 8:30 A,M,
This meeting was adjourned at 9:00 A.M
2
IMMOKALEE eRA
Community Redevelopment Agency
i The Plqce to cqll Hamel
16 I 1 .A "
eRA Governiue Board
MEMORANDUM
Commissioner
Tom Henning
Commissioner
Donna Fiala
DATE:
January 26, 2009
Commissioner
Fred W. Coyle
FROM:
Sue Filson, Executive Manager, BCC :/~.r\/~
Christie Betancourt, Administrative Assistant (. IV! (;t,/...l
lmmokalee Commtmity Redevelopment A~C ~. "
\;~
Agendas, Minutes, and Signed Approval ,______
Commissioner
James N. Coletta
TO:
Commissioner
Frank Halas
RE:
eRA Advisor\' Board &
State EnterDrise Zone
Al!encv Board
Fred N. Thomas, Jr.
Chairman
Attached are the Agendas, Minutes, and Signed Approval from December 17,
2008 for your conveyance.
Ana Salazar
Bernardo Barnhart
Eva Deyo
Floyd Crews
Kitchell Snow
James Wall
Julio Estrerncra
Richard (Dick) Rice
Richard (Rick) Heers
Capt. Tom Davis
Robert Halman
(Ex Officio)
Thank you.
Master Plan &
Visioninf! Committet
Fred N. Thomas Jr.
Chainnan
Edward (Ski) Olesky
Clarence S. Tears, Jr.
Pastor Jean C. Paul
Carrie Williams
Floyd Crews
Richard (Rick) Heers
Richard (Dick) Rice
Estil Null
eRA Staff
Penny Phillippi
Executive Director
Bradley Muckel
Project Manager
Christie Betancourt
Administrative Assistant
Immok4lee Community Redevelopment Agency
310 AI.chu. Street, Immok4lee, FL 34142
2392522313'" 239.252,6725 (FAX)
IMMOKALEE eRA
Community Reclevelopment Agency
iThe pl<\ce to c'1ll Hamel
16 I 1 A 15
Certification of Minutes Approval Form
i, Executive D' or
Commtmity Redevelopment Agency
-~ppro~~
~~~I:;~;:~~
These Minutes for the December 17, 2008, CRA Advisory BoardlEZDAJIMPVC Meeting
were approved by the CRA Advisory BoardfEZDAJIMPVC Committee on January 26,
2009, as presented.
* The next joint Advisory BoardlEZDA/IMPVC meeting will be held February 18, 2009 at
8:30A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee.
.. There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30
P.M. at the Career and Service Center located at 750 South 5th Street in Immokalee and will be
appropriately noticed and annotmced in advance of such meetings.
All meetings will be publicly noticed in the W, Harmon Tumer Building (Building F), posted at the Immokalee
Public Library and provided to the County Public Information Department for distribution, Please call Christie
Betancourt, Administrative Assistant, at 239-252-2313 for additional information, In accordance with the American
with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie
Betancourt, Administrative Assistant, at least 48 hours before the meeting, The public should be advised that
members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members
of the other Boards and Committees, including, but not limited to: EZDA, lmmokalee Local Redevelopment
Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc, In this regard,
matters coming before the IMPV C and the Advisory Board may come before one or more of the referenced Board
and Committees from time to time,
RECEIVED
FEB 0 2 2009
BUDGET COMMITIEE OF TIlE
:loard of County CommissiMl!ll;,ICAN BAY SERVICES DIVISION
MINUTES - NOVEMBER 6, 2008
Naples, Florida
LET IT BE KNOWN. that the Collier County Pelican
Committee. in and for thc County of Collier, having conducted business herein.
REGULAR SESSION at thc Hammock Oak Center. 8%0 Hammock Oak
following members present:
Michacl Le\.y, Co-Chairman
John laizzo
Jolm Boland
Jcrry Moffatt, Co-Chairman
GeoffGibson
1611t114~
Fiala
Halas
Henning
Coyle
Coletta 3t -
Bay Services Division Budgct
met on this date at I:()() p,m. in
Drive, Naples, Florida with the
Also present: Jolm PettY, Division Administrator, District Offices, LLC; Janice Lamed District Offices, LLC: Kyle Lukasz, Field
Opemtions Managcr, Pelican Bay Services Division; Mary Anne Womble, Chairwoman Pelican Bay Services Division; and Mary
McCaughtty, Recording Secretary, Pclican Bay Services Division.
AGENDA
I. Roll Call
2, Audicnce Participation
3. Unaudited Results of FY 2008 - Income and Expenses
4, Capital Funds Carry-Overs
Amount
Exclusive to Pelican Bay
Restrictions and/or Designations
Use for 20 I 0 Budget
5. Funding of Clam Bay Maintcnance FY 2009
6. Indirect Cosl Reimbursements
How DetenuincdlTo Whom/For What Services
7. Rcservcs
Amount
Restrictions and/or Designations
Use for 2010 Budgct
8. Transfers from III and 195
How Detcrmined and From Where
Restrictions on Use
9. Payments to Property Appmiser & Tax Collector
How DctermincdlFor What Purposes
10. Budgct Calendar
II. Audiencc Comments
12. Adjourn
ROLLCALL
MR. LEVY: Call the meeting to order and Mary. roll call, please.
MS, McCAUGHTRY: Certainly, Let the record reflect UllIt all members of Ihc budgct conuuillec arc in attendance
today.
MR. LEVY: l1lll11k you, We have nobody in the audicnce. so wc can move on.
791
Misc. Corres:
DateD.; D 0
item #J,lo l_L\
Lf-o---
',:oPles (0
Budget Committee Meeting
November 6. 2008
1611 A:;~o.
MR BOLAND: Y"" I had one thing, On these dates, Jolm, I had to make a lot of 3(ljusbnents 10 gel this going, We
always had this, if! recall, the third Wednesday or Tuesday of the I1lOIlth, and the reason behind it was we had thc board meeting
the first Wednesday, and if any scenarios collie up where we needed any kind of iudicalive infonnation there was time to give you
to accrue it, you know, rather than the llCA1 day. So I know this is the first meeting, I don't have a problem, But going fornard
how arc we going to set dates? Arc wc going to go back to the old schedulc, or what arc wc going to do is just my qllCStion?
MR PETIY: Mr, Chainuau, if! may, both your co-cbairs have asked for a budget calcudar. You may recall we had oue
last year. [t ran askew of the calClldar because we had a death on tlte board. And we made up for it, and we did a good job by the
end of the year. But the inteution is that today's mreting be a forma1ive mreting where thooe discussions and that fonna/ of what
kind of calcndar you'd like to sec. what time the county calcudar will come out. which gives us our tight schedule come summer,
and thooe types of things we can go through today, But, typically, we wooId meet once a mooth dependent on the sitnation, We
can skip December, for example, if it got too busy because of the holidays, but this is all up to this committee's intentions.
MR LEVY: John. are yoo talking about the space between the full meeting and the budget meeting?
MR, BOLAND: Yes, the space between them
MR PETIY: Oh, I tllOUgbt that question was about,.,
MR, BOLAND: I'm not talking about the budget John. We used to meet last year, I think it was on a Tuesday or a
Wednesday, I forget which day, but it then gave you the time, that two-week overlaP, so if you had to get any necessary information
you had the time to corne up with i~ I think that was the rntionaIe behind it
MR. LEVY: He's saying the agenda can ".
MR. BOLAND: We always,
MR LEVY: And the agenda can reflect .
MR BOLAND: Right. I'm not talking about
MR PETIY: 011, I apologize. I misunderstood,
MR, BOLAND: Okay.
MR PETIY: The staff is fuirly flexible here, We appreciate your consideration for the timing issue, but I can tell you
that in past meetings we have had these tllings on the same day as tlle meeting on occasion, so if s basically, well let's makes sure
we can meet your schedules first,
MR. BOLAND: Yes,
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. ,
MR PETIY: And then we'll worry about slafI',
MR BOLAND: Okay, Okay, I may have to leave early; that's all. I just wanted to let you know,
MR. PETIY: I may have 10 leave early as well,
MR. BOLAND: Okay,
MR. PETrY: I have to leave here at !hrcc for a meeting at the County,
MR BOLAND: lbat's okay
MR PETrY: But we should be done by !hen.
MR IAIZO: I hope so,
UNAUDITED RESULTS FY 2008 -INCOME AND EXPENSES
MR LEVY: The next item is umudited results of fiscal year 2008 income and expenses. And I tbink the reason that
agenda item WdS put there was because this budget was prepared based OIl income and expenditure data for May or June.
MR PETIY: And projections thereafter,
MR, LEVY: And projeclious thereafter.
MR. PETrY: Yes, sir.
MR. LEVY: And I guess the question is, now that we have UIIlIUditcd actuaI numbers lhrough September, are any of the
projections in here out of wh2ck, so to speak? Are there a<\justments?
MR. PETTY: It is time to update. The cbair is absolutely on track. We have a call into the County Budget Office and
Accounting to find out what their schedule is. As I explained at yesterday's meeting, we are in what they call a soft-dose position.
lbat's how the County likes to refer to it and that's a fuirly general accepIed lenD with government, They're still paying invoices in
last year. What they have told us is they expect to have the UIl3Udited closed in-house number within two weeks, which means by
our next budget meeting we shouId have those numbers for you. It will not be what they call the bank:kJse, wbicb they don't
provide until January, But that's our best number, and we will U]JdaIe you as soon as we get that information in, and we expect it in
a week or two,
MR. LEVY: So thai would be al our next meeting.
MR. PETrY: Yes, sir, that's what wejust beard back from \hem today, We had the question in.
MR LEVY: On this report here, I don't know if this would be the time to talk about the format of this report or not?
MR. PETrY: Absolutely, I can give you status on that if you'd like.
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MR LEVY: I mean. the only thing I find a lil1le helpful is if there wouId be a subkJIaI on this report that would tie in
with what the..,
MR IAIZZO: Line items are, right
MR, LEVY: .., What the budget is, So there's a sublolal that shows revenue of three million eight thirty-six hundred and
expenses of three million eight thirty. And then if you want other items below thaI. you knnw, additional items that you fed shnuId
be on there, put those on, but so thaI. you know, we aIw3ys hm'e a piece of paper, which if this is the pIan, so to speak that says that
and, also. the budget totals to the same budget that's here, and then you can add more items below that
MR. IAIZZO: Can I refer back to what Jean Smith used to put llUl was a monthly aa:ounting of the line i~ the actual
costs that we know and see on this budget There's a line item that shows you how much was expended on that particular line item
and how much money remained on that particular line item so you cooId see it on a monthly basis. And she would issue a pocIc:,ge
so thick (indicating) that broke down and gave the accountability of each dollar diminishing per line i1em as the months progressed,
And that would be nice to go back to, if it's ~,
MR LEVY: I think we got those great big packages, and I don' beIieve anybody got any use out of them because there
was nothing alone that said how it showed the )lCJ<EIlt'lgf'" to date, but you there was no way io say wheiher it was over budget or
under budget, And that, I think, is what they by to do bere to put it fOIWaId on a single sheet And then John would be prepared if
there were to discuss the backup, so to speak. It's VCI)' impoItant. It's a huge report. I don't rccaIl any dis<>,...;n".. at all,
MR IAIZZO: No, it wasn't. Well, nobody really paid mind to it, but I always did, and I always found it worthwhile, It
was not a large report. It was large mnnbers. I mean, the nwnbers were huge, so you had a lot of pages, It is possibly more than
you wOldd get on this size font, but the information was p1entifid, And the only thing that was miSliing on that was the visibility
and accountability, meaning I don' have any visibility on any particular line item or acrountability to who is it going to, but at least
I know a line item dollar cost as we progress tbrough the fiscal year, That wouId be a nice thing to go back to as a start, but I'JIIet
ii go at that.
MR. LEVY: Well this was the thing that 'Ire evolved to. This is what we asked fur Jao;t year. We had the other fur a year
or two, and as :fur as I know, it wasn' being used by anybody else,
MR IAIZZO: Well, people didn'i question il. didn'i ask,
MR LEVY: And this is what we went with while Mr, Bramson was slill chairing this connnittee, And everybody, I
thought, thought this was more useful,
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MR. PETrY: Mr_ ChaInnan, I think tlte histOl)' is that wbat you've bolb said is correct, Jean did give this vel)'
volmninous report, and it did not bave the status of wltether or not you were over or under budget. What it also didn'l have WdS a
lot of lite carry-forwards from prior yeaIS, reserves
MR. IAIZZO: Well, you can add things like that to it
MR. PETrY: And what wc bad was about $3 million that wasn't being sltown, Wc carry forward a considerable amount
of money, as the new report shows_ We have three or bad three and a half months reren'Cd each and every year that we carry
forward. We have project carry-forwards, We bave unrestricted carry-forwards, wbicb basically is the money we've saved from
not spending in tile prior years, Well, none of that bad been reported, SO tbat money was basically off tile table. The other item was
the line-item-,style budget, As we discussed last year. there is no Jine-.item restriction. per so, The fund is what cannot be overspent.
So if rm in Fund 102, 110, 114, wbatever tile mnnber is and tho!;e numiJeIs are....;g,m to water management, beautification,
streetligbts you can't overspend in that amount of money, So tracking line item for offire supplies versus telephone expense versus
electric may have been drilling a little bit deeper than wbat was """"""'"Y because we shifted monies within a fund to meet
whatever was going on that year, And as we all just experienced as gas prices spiked up tremendously last year. bad we been beld
by line item, we would have bad to come to you fur SC\'Cf3I budget 3"",ndment. in tltal regard. So that is not a restriction currently
on staff or within the County strocture, and that's kind of wby we wenl to this single page, because of what could we see quickly
witllout spending too much time, And it was red llagtgrecn Ilag, And we asked the budget committee to look at it; coosidcr it; VOO;
on it; and then it was approved. Certainly we can change there was no long Ierm there, but that's why we did it, if that all makes
sense.
MR MOFFA IT: John, can J ask yoo a cwpIe of questions" The detail report that JoIm is looking fur, how mncb staff
time does it take to prepare that each montb?
MR, PETIT: I can't tell you how many minutes it is, The report was basically a SAP kick:-<JOt report, if I remember,
whicb is basically what was expended, so I don't think it takes a great deal of time, If yoo'd like to have both, I think we can do
bolb.
MR. MOFFA IT: All rigbt if it doesn't lake a lot of time, then wby don't we do both? Those who want to look at tile
detail will have it, and tho!;e woo want to look at the SUIDIIl3I)' can look at that and make some decisions, Let me ask you a
question, I've seen that report, but I don't know where I saw it or where it is. Where is that?
MR. IAIZZO: This was in yesterday's package_
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MR, LEVY: It probably came from the Ijrst meeting.
MR IAIZZO: Yesterday's package. .
MR, PETIY: The thing you're...
MR LEVY: The first IIlU."'ting you attended, Yestcrday we didn' get anothcr copy.
MR., PETIY: Typically, in October wc do not kick out that one.
MR. LEVY: The meeting before wc probably did get this.
MR PETTY: Oh, yes.
MR LEVY: And that's where you saw it.
MR, MOFFATT: Okay
MR., PETIY: It's produced by staf[ It was prepared by staff based on the comments of this COIIIIIlillee last year and
approved by this committee last year, but giving both is certainly something we can do. Would you like that for the budget review
committee'!
MR., LEVY: Why don't we try that.
MR. PETIY: All right,
MR LEVY: And do both, and then aftcra month or two wecan."
MR. PETIY: See where wc want \0 go from \here?
MR. LEVY: And then if we've got enough new people here we can see whether we still want to continue doing both, , ,
MR PETIY: Absolutely.
MR LEVY: ...ornot, as long as it's not taking a 101 ofextra time to do that.
MR., PETIY: I don't think it's that much time since it is a standard report out of SAP.
MR LEVY: Okay.
MR PETIY: I think Jean bad been doing some modification to try and mold it into something it wasn't supposed to be,
but I think Mr, laizzo raises a good point, He was used to looking to the standanI report.
MR LEVY: Okay,
MR MOFFATT: JoIm, can I ask you another queslion? YOIl said as long as we slay within the fund we have no
restrictions; it doesn' mattcr what line item. What if we gel to a point where we can' stay within the budgeted fund? Can we make
a budget amendment throughout \he year to change that?
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MR PETTY: lbat's it exactly, sir.
MR MOFFATT: Obviously, we can't gel any more revenue on Ihat tiling,
MR PETTY: We can't make the budget amendment per so, but we would vote on it and lI\en recommend it to tile
County Commissioners sincc they're the only ones that cooId. We'd have to take that back to the County Conunissioners for
approval, If wc stay within our budget and our funds, wc don't have to go back. for approval.
MR MOFFATT: Right. I understand that if we ha\'e reserve funds and ClIll)'-forwanls, which 1'1 let )'ou explain to me
in a little while, that we would also have revenue offset. If we're going to over eXll"nd our budget, we would have some funds we
could draw upon: is Ihat correct? If I'm making a mistake, well fro asking the question.
MR PETTY: We don't have a bank willing to allow us to write checks without funds, so we do have to go to reserves or
some type of dedicated revenue somoe, Typically, the way it wooId work is yw wooId 1aIre money from one fund and give it to
another that needed it, and Ihat would be your budget amendment, You wooId be taking from, let's say, water management and
putting inlD beautification,
MR MOFFATT: Okay.
MR PETTY: 11131 would be the example,
MR, LEVY: What about taking out ofthc carry-forwards?
MR PETTY: 011, carry-fOIWards arc wcll within your means to utilize,
MR LEVY: Okay.
MR PETTY: Okay. Any unrestricted carry-forwanls, which are all that's available to you because if they're restricted
they're already spent, basically, but any unreslricled cany-forwanls are pm1 of your bud gel, ... you are not ex<:wding your budget by
havingthaL.
MR. IAIZZO: Yes, Can I ,.,
MR PETTY: ..,unless yoo're transferrmg from a fund Ihat bas some mOlley 1D a fund that doesn't have any mOI1<0..
Then, again, you'd have to do Ihat budget amendment,
!'vIR IAIZZO: I'd like 1D follow up on .leny's point. If we have a nmuber of funds l\ere, as yoo could see, and anyone of
these line items, take our water quality testing >>ell, there's nothing there, but if you took an item that goes across all the funds,
those monies can be shifted within that calcgol)', Wc can shift the monies this way, but we can't go from, let's say, administration
1D field, We cannot move monies Ihat way unless we ha\'e a speciaJ- what's the WOld we use when you move monies?
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MR. PETTY: Within a fund we can go from administrator to field,
MR.,IAJZW: You can go within a field You can pul in the paperwod< and move monies actuaIly oulSidc oCone area
into another area, bul across the board we call move lire monies. Do you wdill 10 get illlo tha. and maybe explain lbal a little bii
better'.'
MR, PETTY: Mr, Iaizzo, within beautification, for cxample, we have administrative, field, and capital,
MR. IAIZZO: Yes. that's it.
MR. PETTY: Now, we can move funds between administrative, field and capital, They can go back and forth without
having to do anY paperwOlk
MR. IAIZZO: No paperwOIk?
MR. PETTY: No, sir, It is when they go from beautification to, like, streetIigbts; that's where fm required",
MR. IAIZW: All right. So you're going outside of your fund; you need paperwork,
MR, PETTY: Yes and that is the budget.,amentl""'Jlt process that we were taJkjng that we would have to go before the
commissioners for approval on, Bul we would need this board to recommend il and the full board 10 adopl it.
MR. IAIZW: Okay,
CAPITL FUNDS CARRY OVER
MR. LEVY: The next item is carry-<>vcrs, It says capital hcn:;, I don~ know I think it's carry-<>vcrs in gcneral. Is that
cor=!, JCIT)'?
MR. MOFFATI: Yes.
MR PETTY: Mr. Chairman, if I conld, this is sornefhing we laIked a great deal aboot 1351 year 10 by and get a handle on
it. The County looks at carry-forward one way, Pelican Bay Services Division had looked at carry-forward a little bit differently.
and private business looks at it a third way. We tried to break: il down in your moothIy reports into an understandable ooncept.
First and foremost is your cash flow carry-forward, the very first item on that blue presentation page, and your cash flow is what you
approved last year a thJre.month money supply. Basically, you taIre your operating client 3CtXJUDt, and you give it three months'
worth of funds. TIlat's because we get our money sometime after December 15th.
MR. MOFF ATI: How much does lbal ammmt to?
MR. PETIY: Ob, it's a ton. Three and a half months with six hundred and furty something thousand and three months,
which is in the currcnt year budgel is four Inmdrcd and something thousand. So when yoo look at cash llow yoo look at how much
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you're trying to fund. And in this next blue presentation that yon're going to get yon're going to see fonr Imndred and some odd
thousand dollars, I do believe, but Janice, wllo does run tile numbers for me, says it's lIig\Jer tllaII tlla!. Expect somewllere in the
fives then. Six?
MS, LARNED: It's going to be about eiglltecn or twenty.,
MR. PETrY: Stop,
MS. LARNED: .. . across all the fimds.
MR, PETrY: 011, I'm just thinking of the beautification, But the numbers are, supposed to change. From wllat we
budgeted last year of$983,OOO, it sllonld be less ~ one-scveuth, Thall go! right because we wenllium three and a half months to
three. Tile next line item that yon see is called a carry-furward. Last year it was at a million dollars, That carry-forward is
unrestricted fimds that yoo are carrying furwanI ftom efficiencies ftom prioryears. This is where yoo saved money or yoo cancelled
projects and other sucll cost-saving measures ftom previous years' budgets,
MR. WZZO: Funds unspent.
MR. PETrY: And can be spent again. They are not restricted. They are unrestricted fimds,
MR. WZZO: But we can place tllCIll in any line item we'd like, or what do yoo do with Ibis cash flow carry-forward?
MR. PETrY: That unrestricted carry-forward is carried fornard on a fund basis, so anything within that fund..
MR. IAZZO: Stays in thc fund?
MR. PETrY: Yes, sir.
MR. IAZZO: Okay.
MR PETrY: Unless yon do, again,..
MR. WZZO: And we can move it to any line item we'd like",
MR. PETrY: Yes, sir.
MR. wzzo: ... in that fund'!
MR. PETrY: Yes, sir,
MR. IAIZZO: Okay,
MR. PETrY: Now, before slaffv.ill spend that money, wev.ill oometoyon for "JIJIID'im becauseyoo have not approve<!
that expenditure, In thc budget that we asked yoo to aJlJlro,,:, that money is not considered spent by this stall; so if this staff needs
access to unrestricted fund ha13""'" we will come before this board befure we spend that money. We are not allowed 10 spend that
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money WIthout coming befure the board and asking permission.
MR IAIZZO: John, here it says carry-forward, and you're sbowing dollan;, bull don'l know wbal flmd il goes 10 or
where it came from.
MR, PETrY; No, you dou~, Wc don~ break it down by fund.
MR, IAIZZO: Wouldn'l it be nice to know?
MR PETTY; I baven~ discussed it in the past. I don~ know if it wonId or wouldn~.
MR LEVY: It's just Iikc the assessment. TItat's part of Ille revenue, am I correct?
MR PETrY ; Yes, sir. And tile assessment is also divvied up amongst the fimds by pen:enlages.
MR. LEVY: This shows. on page 2, carry-forwanI fur '08 of$745,OOO, How does that link 10 the No.5?
MR PETTY; One of the reasons wily we did it this way is because the diIJereoce hemren bow we did it in this budget
and bow the County looks at it in their budget and because there are carry-forwards from other areas from other prior years lbat
may not Itave been m there, we tried to balance it this way, and this was a better '''I''<OWIdtion, So wily is there a difference? I'd
bave 10 go back and look al why the calculations are differenl. I know we talked aboul it last year as well.
MR. LEVY: Okay,
MR PETTY; But I can tell you that the numher did balance out.
MR. LEVY: I think iliat's one of the reasons wily I was asking rOT the subtotal, You know wbat I mean? Because I think
wbat bappened is we start with the budget, and then you come up with a tolally different budget here, and that's wh)' r asked that
this slleet and then this sl1eet '"
MR. PETTY; Yes, sir, And as you recaIll think Janice prepped something furyou, but we never got around 10 adopting
it.
MR. LEVY: But I think then it wonId he ~ to track that way, and If you Itave another carry-furward below we could
see iI's an additional number plus or minus and there would he a reason for il.
MR. PETTY; I urulersIand.
MR LEVY; Yes,
MR. MOFFA TI; Jolm, wily do we say th.."lc's a diffcrencc between I-.ow we lock at it and how the County looks at it?
WI1y wonIdn~ we look at it the way the County looks at it since we're part of the COWI1)n
MR PETTY: It would make our meetings go a lot laster if we oould see eye 10 eye with the County on a lot of issues.
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How they bandle the money is not one that we've been able to adopt There's been a long bistory in Pelican Bay of taking how the
County looks at monies and converting it into more of a ~yle approacll, which seems to be favored by the residents of
Pelican Bay over how the County groups thillgs together. There's IIllihing wrong wililthe way the Coonty does it
MR. MOFFATT: Are you just talking presentation, or are you talking actually determination of the amount?
MR. PETrY: No, the presentation,
MR. MOFFATT: The presentation is...
MR, PETrY: It's presentation, what dollar goes into wIl3t pot, For examplc, we break our carry-forward into three
separnte pots; they have one.
MR. MOFFATT: Okay, But it's the same amount, If you add ourtbree together. it's the same as their one?
MR. PETrY: We're within a tigb! toIecmce., yes, sir, At the end of the day, we do have to do a little bit of pushing real
hard to get that last guy 011 the bus, but, yes, sir, they balance,
MR. MOFFATT: Okay,
MR. PETrY: So it is in presenlalion. And some people are used to seeing more definition to an item called
carry-forwatd particularly in this case where il represents, ob, about two and a ball' million dolIars lH.Iast yeaTs budget
MR. LEVY: John, on the capilal funds carry-forwatd, is that broken out here somewhere or that's the item on the agenda
here?
MR. PETrY: No, sir, I don' know that Kyle was able to do that on a department.br-depmtment basis. Did you project
that out in the budget?
MR. LUKASZ: No.
MR LEVY: Well. ifwe have capital money left over from prior years.,
MR. PETrY: Well, that's how come that siIIy inigatiOll syslem keeps coming up and how we keep paying for it is
because that project was approved five years ago and we're still under COIlStntction.
MR. LEVY: Right
MR. PETrY: Hopefully this is the last year well ever hear of the inigation improvement system.
MR. LEVY: But over and above that we've got the east..,f-berm pfQject.
MR. PETrY: Yes, sir.
MR LEVY: Wc'vc got funds wc didn't completely spend our capital budget for last year.
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MR PElTY: Oh, yes, sir, absolutely, You'rcnght.
MR LEVY: We didn't?
MR PETrY: Oh, no, Y os, you're correcl, I'm saying I'm agreeiog willI you.
MR LEVY: So I guess the question is, wbat have we gotlell over in capital? And is that safe? I mean, is that Pclican
Bay's money as opposed to bciog used elscwhcre'!
MR PETrY: That qncstion when asked is always going to be answered ",. me, and absolutely it is your money, Now,
that being said, there's the issue with Clam Bay coming up, and there arc funds in the Clam Bay maintenance or capital acrount of
PBSD that came fiom Fund III of the ('~. It is expected that those fimds will come out of our budget and iuto the new group's
budget, We arc very watchful of any of our assessment money following that path. We would consider that intolcrable.
MR LEVY: Arc you talking about the fiscaI '09 money?
MR PETrY: Or any of the reserve fiom '08 and '01, lfyou recall, last year's Clam Bay budget bad a carry-forward of
several bundred thousand dollaIs. and we asked you-all if you wanted 10 use that instead of assessments, but because there was so
much still unknown about Clam Bay il was thought best to leave il as a Pf<!iect reserve, the project being Clam Bay. So we have a
very strong reserve in Clam Bay, and the concern there is thai this repm;enls Pelican Bay assessmenl money, and 10 thaI degree
that money should return to Pelican Bay, FW1d III is something thai is ~ 10 your discussions, and it is something we'll have
to prOOably touch on over the next several months.
MR LEVY: Well, ifwe under spent by a lot last year, how do they know which was Pelican Bay assessment money and
which was Fund I t I money?
MR, PETrY: By tbe peroentages
MR. LEVY: Oh, so it's a percentage that you..
MR PETrY: That's how normally it would be reviewed Since it is spent witbont ~ 10 its souroe, the assumption
would be il was on a percentage, So if we were fimding at 30 percenl it would be assumed that the percentage of the reserve would
be 30 percent.
MR, LEVY: So it's noljust the '09, l>21I.000 or whatever.
MR PETrY: No, sir, there were funds fiom prior years as well,
MR. LEVY: Prior years.
MR PETrY: So you would have to do a IittIc bit of a lengthy caIcuIalion 10 go backwards in time, but to gel the
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percentage right for each year, but that's well WIthin the abilily of the County and your on-site staff, so I don~ think that's going to
be a problem. But it is something tllat I can tell you that we are aware that we llave to do, and we need to keep you guys in tlle loop
on how t1lat's progressing,
MR MOFFA IT: Are we only talking capital funds~
MR PETIY: Wcll, Clam Bay was set up as a capital fimd. It actua\Iy is a maintenance fund as well, but at the County
level we never broke it out of the capital desigll- So it is still considered capital, and in a way that keeps the fflOlIe.\' fixed there, so
that's not a bad deal for us.
MR MOFFA IT: So in here we don~ have a breakdown of the capital cany-forwards
MR PETIY: On the blue sheet you do. In the budgctyou may not have,.,
MR MOFF AIT: By project
MR PETIY: By project on the blue sbeet you have it on the ""'Y bottom under, We expense it on the bottom, and we
list it on the top, We list it on the top under the thinlline saying cany-furward projects.
MR MOFFAIT: Okay,
MR PETIY: And then down at the bollom where we say reserves, parentlICSeS, Jlll!iecIs, we try and identilY them as big
capital projects by name; east of berm; we have an equipment reseIVC; and thaI ever-fumous Phase 6 irrigation, Now, there's a new
one to be added this year, which is, of course, the Clam Bay one, because it now has =hcd a level where it should be defined since
we have severnl hundred thousand coming in from last J'CaJ', Did I do that right Janice?
MS. LARNED: Correct.
FUNDING OF CLAM BAY MAINTENANCE FY 2009
MR, BOLAND: John. on this Clam Bay issue, we are going to keep budgeting it under the Pelican Bay Service Division
until, you know, or is that still up in the air?
MR PETIY: Mr. Chairman, ifl may,
MR LEVY: Yes. please,
MR, PETIY: The direction we got fiODl tlle board WOdS that we will ll13ke sure the IIlangroves are taken care of
regardless of the transition time.
MR BOLAND: Right.
MR PETIY: Now, I assume at some point somcbody's going to ask the question of when are they going to do this,
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MR BOLAND: Ycs,
MR PETrY: And thc last I heard from the assistant Counly Manager, Leo Ochs, was that he expcc1ed to hear
something in the January, February timc frdlne,
MR BOLAND: Of next year?
MRPETrY: Of 2009.
MR BOLAND: Oka)'.
MR PETrY: And as you-aIl know the committee has not yet met as a formal body yet. They have a lot of tlrings to
consider. They are only an advisory group, They can only advise to the commissioners. And then we're looking for commissioner
action, So if it happens in February I think that's vCIy timely, I actuaIIy expect that it will go past.
MR BOLAND: So we should ptOOably budget going out fornatd 'iiI June, and we can always transfer it back,
MR PETrY: Well, we have it inourbndget for the full year,
MR BOLAND: Yes. we have until, what, next..,
MR, PETrY: Until October.
MR BOLAND: Okay,
MR. PETrY: October I. We can go through September 30th.
MR BOLAND: Go through Kyle, in other words,
MR PETrY: Kyle and Mary handle the purchase orders for the Counly, and the Counly typicallJ' kicks out a six-month
purchase order at a time which is why Tim Hall of Turrell, Hall & Associates is good under that contract through February. After
that we wonId have to put oul another PO for another time period befure we cooId honor it, And the OHmty's procedures on
purchasing are extremely strict so we'll probably be coming back to you maybe even as early as your December meeting asking for
direction because we want to get in line. Their procedures are strict enough that we want a little 1Jeads.up, at least 30 days,
MR BOLAND: Thank you,
MR MOFFATT: Go ahead.
MR IAIZZO: I have some fresh ideas 011 Clam Bay also, We're commitled this year with Clam Bay and the monies are
U,ere, When does the County actuaIIy take over the main"'"""",, of Clam Bay monelariJy-wise and physically-wise?
MR PETTY: That's part of that trnnsition that I was referring to, They don't know how they're going to be funded yet.
They haven't sat down and listened to. ..
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MR IAIZW: Will the Fund III continue coming our way, and then we JUSt throw it back into the Clam Bay?
MR PETrY: Probably not.
MR IAIZW: There's 110 sense in bringing it inlbc house and then shipping it out again, so III will dry up.
MR PETrY: Probably, We exJl"C! it to,
MR, IAIZZO: And what is it? The TOC also will dry up on us,
MR PETrY: Well, you may recaIJ we told them the TOe is not supposed to be in there.
MR lAIZZO: The tourist development?
MR PETrY: It's not SlIJlPll""d to be in there. When we did tbe budget, we removed that because that money is highly
restricted. and all we could do is get in trotJbIe by spending it. We only have one place that we can spend it. and that's in dredging
or in the engineering wOlk for dredging, So last year we weren't able to touch it because we didn't do any of that. This year we
don't plan on having anything to do with dIedging, so we can't spend it. So it's JUSt money sitting in our account that can cause us
great angst.
MR IAIZW: But doesn't that go back to tile County if we don't spend it?
MR PETrY: It better. It better not be in my reserves anyplace, It's not supposed to be, It's supposed to go bad< to them,
And we took it out of the bndget this year, The office ofbndgct and accoonting at Collier County couldn't bcli",'C W'C w'Cre giving
up money, assumed wc were just insane, put it in the budget, And when I saw it the night of the meeting with the commissioners I
talked with the manager, Mr, Mudd, and said, "That's a problem,. He goes, "OIl, don't worry aIJont it, We can take care of that
later" So we'll try and do that administrnliveIy later on in the year. But TOe money we do not want..
MR IAIZW: Okay, What's next?
MR PETTY: ". which is ndd because we'll take money from almost anybody.
MR MOFFATT: John. a question on the blue sheet, The three reserves down on the bottom?
MR PETIY : Yes. sir.
MR MOFFATT: Do not add up tothecany-forwanlpfl!ie<:1son theklp, It'soffby, I don't know, $20,000 or something.
So they should match? They should be the same?
MR. PETTY: You may want to look at other cbarges and foes for capital where there's thirty-five live, There's it
collection fee that the property appraiser and rcvcnuc collector take from everything we pot on the roll, I think that W3S one of tho
questions that you had asked Mary. The way Irs done in the capital, I wanted to report 10 you exactly how much money you had
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left that you could spend in capital, so I look the dollar amounts that were good tor construction and put them in those three line
ilcms, and then I took the money that we bad to put on top of that to pay the properly appmiser, revenue collector, and file 4 percent
stuff up above. So I think that's probably where your money is, thai $20,000,
MR. MOFFA IT: I have a question. Where do these reselves show in the budget?
MR. PETrY: They don~ ncccssariIy show because project resCIvcs by County standaIds lj-pically do not carry forward in
a budget. They were aIread)' approved, The pIQject is ongoing. So it isn' considered part of}'OIIf' annual budget. But since it
represents such a large part of our budget, as much as $3 million total, last year we decided .to put all n=rves, all carry-forwards,
whether they were pn)j<ds, unrestricted, whether they were for cash flow pmposes, no matter what that we'd bring them up so that
the board knew exactly bow many dollars were flowing through the system,
MR, MOFFA IT: Okay, And we have an analysis of each one of these accounts?
MR. PETrY: Db, absolutely, with detailed...
MR. MOFFATT: We start with a beginning balance at some point in time and sreaII theaclivity,
MR. PETrY: TIle SAP accounting progmtn is extensive, and the County has made good use of it. So all projects that
we have we can get you a real good histmy on the monies spent whether it's a one-year JllI!iect or a fivt>-year pfl!iect so, yes, sir,
we've got great detail on the project funds
MR. LEVY: Another question on the Clam Bay maintcnancc for '\)9, As wc're spending money, is that III money, does
that come in by the month or how does that Fund III money _lk?
MR. PETrY: Db, that's a good question. We bad that question answered last year when wc went and talked with file
budget and finance folks. I apoIogire for not remembering it, but. .
MR. LUKASZ: Six months.
MR. PETrY: EvelY six months.
MR. LEVY: So, I mean, if wc go ahead and do Clam Bay maintenance for six months or something, we're Jiablc to find
we get no III money at all this year, Is ihat possible?
MR. PETTY: In talking with the managers 0fIK;e, the expectation is that we will get Fund III money, and talking with
the budget office, the same, but it depends on wbat is the best transition, So it is something that w" will be keeping tabs on,
INDIRECI' COST REIMBURSEMENTS
MR. LEVY: I guess we're on Item No.6, indirect rosts reimbursements, how determiood, to whom, for wbat services,
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,
MR PETrY: Mr, CIta1nnan last year our indirect costs went down, Indirect costs are what the County chaIges Pelican
Bay Services Division for the accounting program, the finance and budget people, Ihe adminiSlrator and managcr. And, basically,
il is their internal cosl of doing business similar 10 whal a corpomlion may cbaIge a subsidiaIy where you l13vc 10 or 15 perceni
corporate carry. That's what this basically is, We have to pay a little bit oflllOney for the services that are coming out of them. The
price wc pay is actually quite good for the scrviccs we get. As yoo-IDI know, wc get lcg/Il for this, We bad Heidi for a great deal of
last year, and we harass her quite a bit, We're rnmbunctious, and I think she's in hiding right OOW.
MR LEVY: She's not coming anymore,
MR, PETrY: Sbe's nol answering phone calls either, No. I'm teasing. She's done a lot of work for lIS. And certainly the
manager's office gets involved with us on a regular basis, I laIk 10 Leo at least twice a IlIOnlh, And their accounting and finance
people Kyle and Mary laIk to constantly; procurement, IT services, and the list just keeps going on. But that's what we're paying
the indirect costs for. And there must be a 3().page breakout of thai eve!)' year during budget season. The last lime we gol one we
asked them a couple of questions, and it ended up we saved S 15,000,
MR LEVY: Yes, as [recall, il went down from thc prior year.
MR PETrY: Yos. sir, So il is something thai we do go through annually,
MR MOFFA TI: And we can challenge them 011 it or evell nego6ate, if possible?
MR. PETrY: II is basically a questioning proccsa Since this is bow they do :vImini"'.,.. the costs acroos deparl.ments,
they have their own formula for doing so, so it wouId be difficult to negotiate without upsetting the procedures that are being
applied to other departments, but it is possible,
MR. MOFFA TI: The aIIIOlIIIIs that go to the tax ooIIeclor and the property apprniser are fixed by law?
MR PETrY: By statute, And typicaUy, they cbaIge... cosl at the end of the day, so the numbers you see are basically
what statnte allows, which I think is 2 pen:ent plus 2 pen:ent. And tIut the 4 pen:ent diswunt we're not going to get around
because that's something that we're always going to recommend
MR LEVY: Rigbt,
MR IAIZW: It's basically a handling fee, You know, they're involved in the billing,
MR PEITY: They aclua1ly bill us at cosl at Ibe end, though. They we get our pro-rata share of the cosl of running their
particular budget, but it cannot cxceed that aIIIOlIIII,
MR, LEVY: John, that revenue r=rvc, as liu as I can see, is a little over 5 percent of the ad valorem lax money, Does
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that make sense'! You know, if I take the $164,200 revenue reserve, divide it by the tax levy of $3,120,000,..
MR PETTY: [feel like a student that fuiIed to study for a test, I bad no idea we were going to be doing numbers.
MR LEVY: Unless I did it wrong, it comes out at -
MR PETTY : You're on last year's budget sir':'
MR, LEVY: Well, this is actually 2009, 3,120,000 is the ad valorem tax I",)', and 164).00 is the revenue reserves,
MR PETTY: Yes, sir, You're going to pay a fee on thc assessmenls as well, but thaI's not going to be 4 percent; that's
going to be 2 percent. So when you're talking about the revenue reserve that shouId equaI the 4 pereent. And you're saying that's
off?
MR LEVY: Well, it's 5.2 pereent of the assesgnent It says ~.~t or ad valorem taxes,
MR IAIZZO: That's the way it is, It's a mix, It's a mixed bag,
MR, LEVY: It's a mixed bag?
MR IAIZZO: The ad valorem applies to stn:etligbting, and that's all,
MR PETTY: What [ reconunend is that we just blame Janice because that's what I WdS going to say in just a second
anyway, and we'll get back to you on how tile calculation is dotle at the next ma:ting,
MR, LEVY: Well, okay and you know, we're on the safe side bere. The reserve is bigger and not smaller,
MR PETTY: But, yes, we do pay fccs for cveIj1hing that goes through that office or gels that 4 percent added to it,
which would be just ad valorem,
MR MOFFA 11: Is tlmt 4 percent the discount yoo get for paying your tax early?
MR PETTY: Yes sir.
MR MOFFA 11: Is that what you're talking about'!
MR PETTY: Yes, sir,
MR LEVY: It's never a full 4 percent anyhow, tight, because not everybody does it
MR PETTY: We make a liuJe money there,
MR LEVY: Yes,
MR IAIZZO: People rush to pay that and save, and we have to make good on that anyway,
MR PETTY : You have to prepare for thc worst,
MR LEVY: That's tight. And, is that a County rule, by the way'!
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MR PETrY: It migbt as well be. sir, It's allowed by Florida stalnte, and I think you'd be fired if you didn\ put it on
there.
MR LEVY: Are there any olher questions 011 indirect cost reimbnrsemenls?
MR MOFFA IT: Let me go back to this blne sheet. On the 3 112 month cash IIow do"n on the bottom YOIl have a red
flag next to that ouc. Why is that?
MR PETrY: The red /lag, that's a '''''Y good question, b}' the way, The red /lag is there because "'" haven~ been able to
talk the County aocountants into making that a cost category wbere they would take lI19ney from our reserve and payoff a
one-month-by-one-monlh bill Whal ends up happening is we have 10 segregale it because they're not making it a cost center,
We'd like it to be a cost center: that way it gets Iimded on a month by month versus waiting 'tiI the end of the year and then waiting
to see if you have enough money, We'd like you to be able to track it month by month based on percentage ofrevenues, So that's
why it's got the red /lag there. It's expecting an expense category, but the County hasn~ broken it out as a cost centcr. So, as you
can see, expenses year to date are zero, so it's going to show a red flag by the funnuJa underlying that green Ilag/red flag concept,
There's a formula, actually, in there that will change the color and the name.
MR LEVY: Bill when we do this for liscaI year '09, we will actually see money coming in on thaI account.
MR PETrY: Olt, we actually see the money coming in the account. You can see it in your reserve numbers. They
actually come in Day 1. We cltcckcd on that last year, Your cany-forwards are there Day 1. So whal you have to remember is
where you see that red flag whatever number yon bm", next to that red flag has 10 be existing in your cart)'-fonvartls at the end of
the year, So, basically, that represents a zero number on what you shouId spend because next year, come the end of September,
beginning of October, yon better have that money fur the next three months' worth ofbills
MR MOFFA IT: Except you changed it last year to three montbs, right?
MR PETIY : Yes, sir, From three and a baIf to three.
MR, MOFF AIT: It's a lesser twmber
MR PETrY: It's quite possible this year we conId even change it down to 2 1/2, We wanted to take it slow, but 3 1/2
months is a worst-<:ase scenatio. And as we discussed at a couple of the meetings last year, loost of the money does come in flre end
of December, and with our fairly conservative budgeting process we have ftmds in reserve that can help fund the first month or two,
so you can do a little double duty there, So wc think we can look at that, how nwch you wanllo keep in rescrvc fur cash flow issue
again this year and posstbly go down to 2 112,
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RESERVES
MR LEVY: [fthere aren't any fiJIther discussion on indirect on Item 6, we can move to Item 7, reserves, Now. we sort
of talked aboutlhat a little bit Did you have anything lIlore on tllal, Jolm?
MR PETrY: We talked about the unrestricted amounts, We havell~ talked about the restrictions, If it is to a project and
let's take the Clam Bay one specifically, And $300,000 was carry-forwan!. We asked }'OU what to do with it Y OIl said restrict it
for Clam Bay and keep it; don~ use it to 01lSet next yeats revenncs. So we bad to put on an assessment to mise $150,000 or so,
which is what we needed in the budget, We did use what was saved from the prior year to fu.nd instead. Now, for you to make us(:
of that money for anything other than a reserve, you would have to take a vote 011 it We can~ do that as staIf becausc we see
something shinY in a window. so it is something thaI yon would have 10 go through a process to move, You would take a vote. and
if the board voted to take it on\ of reserve and spend it for analysis, a repoII, eJIIl:Igency dredging, what have you, we would look to
you to give us that di=tion. We would not have to go to the County Commissioners because we are still within the fund,
MR LEVY: At the next meeting, oouId we be advised what the amount of reserves there are in the capital?
MR, PETrY: We're expecting that nwnber in the next week or two, so, yes, sir, at the next budget committee meeting
we exp"';t tll3t we'll have thooe numbers for you 10 talk about and slaIt giving coosidcraliolllo what do you want to do with them
long !emI.
TRANSFERS FROM FUNDS 111 AND 195
MR LEVY: Oka)', Moving along here, Item 8, transfers from III and 195, how to determine, and from where,
restrictions on usc. We've talked some about I t I, I don't think we've talked about 195,
MR PETrY: Yes. 1 think thaI's the TDC.
MR lAZZO: 011. okay,
MR PE1TY: So let's talk about that. Did I get that right, Kyle?
MR LUKASZ: Yes
MR PETrY: I love it wilen be agrees with me. It's so 1lUC, TIlJIISfurs from III are where almost all of our transfers
come from. That is from the municipal taxing unit overlay in Collier County, That is evel)'lhing that is not incorporated. It pays
about a ,&, ,9 peroent millage rate, Now, ihat's supposed to cover smne of Ibel;e seMces of the mOOn areas ihat are higher density
than t}picaI County, You'll pay for planting, permitting, and some pad< seIvi<:es, They put a whole bunch of stuff in that pol. It is
an unusually complcx pot of duties, It is not a\}'pica\ of an MSTU, Be that as it may, money goes in there, and there is money in
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1611 Al~~
there for such things as parks and conservation areas. We have CO!ils concerning the conservation area They agree, and for the
last, oh, six years, I think, or more they have been btinging money in. And it is based on a peroentage of how much money they
have available for conservation JlUIIlOSCS and then what is the perrentage thai Pelican Bay represents amongst the conservation
users, So it typicaIly gets around ffio, two eiglny-five, f don~ think it's gone over throe hW1drod.
MR, LUKASZ: Ma)bc onc of the years that we dredged, but for nonnal operations, no,
MR LEVY: But it's been about two-thiJds of our Oam Bay, , ,
MR PETTY: Of our operating budget?
MR. LEVY: Yes.
MR PETTY : Yes. it has and that does not include of COUJSe. our coostruction program up front in the Clam Bay system,
but, yes. it's a two-to-one rntio, basicaIly, 011 average. It is restricted to cer1ain uses. Now, just becanse it's in conservation doesn\
mean any crazy thing we do in conservation they wouJd pay fur or fimd. For example, there's a helicopter that I want to get with a
camera on it to do examinations of our system. That's not on their list. We muIdn~ lake money fiom III fur that. And that's why
Kyle said there was money available the year we dredged because that's an added item that can be funded. So Fund I I I is restricted
by the ability of the MSTU monies to corne """" to you, and then ii's 011 Utejobs that you do within that funcLionaIily, Did I get that
right, Kyle?
MR. LUKASZ: Yes
MR. PETIY: Thankyou.
MR. LEVY: And that III money does have to be spent in Oam Bay that we get, We ca.'l't decide we want to spend it
somewhere else; that's what you just said?
MR. IAIZZO: You're not going to see that money any more after this year,
MR. PETrY: Well, we do have carry-furwards because we hawn~ spent it in prior yeaIS. And last year was a real big
year that we saved some money on becanse we didn~ do the permit that we fhonght we were going to do, So there are several
lnmdred thousand dollars in reseJVe where we will tJy and get back the .......""'iaIe amoomt of money, but this body has never tried
to take that other money from Fund III even though, I will say this again fur the recooI, Pelican Bay residents pay $6 million a
year into t113t Fund Ill, You are taxed that 011 your general lax bill. Six million doIlaJs goes in. This is Ute only piece that comes
back. I'd say they're getting a pretty good deal.
MR LEVY: 111 say.
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16 I 1 -ItILf'1
MR PETrY: So if we oouId get that carry-lOnvan1 to come over to beIp oIlSet, I would think that that is the least that
could happen, We will try and get whalever we call to come hack, bul nobody has asked us 10 push for Ihose funds,
PAYMENTS TO PROPERTY APPRAlSER & TAX COLLECTOR
MR LEVY: Item 9, payments to property apprniser and tax collector, how determined, for what purposes, I think we
covered that a bit earlier in the meeting,
MR PETrY: We covered tha~ sir, r believe so.
BUDGET CALENDAR
MR, LEVY: Yes, John, Item 10, budget calendar. ifyoncouJd..
MR PETrY: What we'd like to do is put together a calendar for this next meeting, bring the calendar at the next
meeting that would show the next meeting as the first start date on that c:>w.maT, And then we're going to tIy and, through
discussions today, come up with a normal first Tuesday, second Thursday, fiftb Wednesday, whatever you-all prefer because as this
gets into the end of the year you will start baving residents come in limn time 10 time, paI1icuIarly once you have to adopt a budget
with an increase, they'll certainly want to come and talk to you. And we should be doing this on a basis thallhey can rely upon so
Ul3l they can participate if UICJ wisIL II is noI required, but it is something that I'd like you to consider in your scheduling. Bul ai
the next meeting we'll bring yon that calendar, We'll put all the d.1tes in there to the best of our ability, If wc can' pick a second
Wednesday and we need to poll cvCIy month, we will do so, But we'll put that in the c:>1cnd:lT, and we will put together your
calendar based on today's tmdermanding, and we will modiJy it as it changes "'"". time, When the County's scbeduIe comes out, we
will overlay that on top of it so that you can sa: what their requirements are as well,
MR LEVY: Will tbis calendar, Jolla show the internction between this committee and when you and Kyle are
essentially doing putting together the budget, so to speak, In other WOJds when we have to do capital items and discuss changes,
MR PETrY: 011, yes,
MR MOFFA IT: Anticipated deliverables for each of the meetings,
MR PETrY: Mr, Chainnan that was asked for last year, and I don' have any problem with doing it again this year, If
you recall, we set aside specific meetings for capita~ lOr example, because we like 10 do thai one first because il takes the longest.
MR LEVY: And this would be on the schedule?
MR PETrY: 011, yes, sir,
MR LEVY: And the schcdulc may be on one sheet? Do yon think we can do it on ouc piece of paper?
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MR PETrY: Yes, sir, That's what we ended up with last year, and then we Ieamed our lesson, We ptan on doing it.
And for right now we're going to put broad perimeters, so tbat capilal would SIan, basically, at tile first part of the year, and
traditionally tlJat has been JanU3l)' or Febl1l3l)', And then we go on fromlhere, So we do IJave a calendarouUine of that from prior
years, and we'll put that togetller for your 00>,1 meeting, and we can talk more about it then.
MR. MOFFA IT: And our next meeting is Dcccmbcr 11th.
MR BOLAND: When?
MR. PETrY: Mary says that Deoember Iltb is when you're scbeduIed I~n still trying to figure out because there was a
December 23rd, which I think is optimistic.
MS. LARNED: That's the ortIinance,
MR. PETrY : Yes. I don~ know about you, but that's where I'm sbopping for that Iast-minute gift,
MR LEVY: That's the onlinance.
MS, McCAUGHIRY: It's a Tuesday.
MR MOFF AIT: I think that was in your e-mail.
MR LEVY: Ours, budget, I think was a Thursday, At the same time.
MR. BOLAND: Yes, one o'clock?
MS. McCAUGHTRY: One o'clock.
MR PElTY: Ore o'clock. Bllt we jus! expect to be upolairs I think we're doing this for the holiday schedule. We hope
to have a regular day later OIL
MR. BOLAND: Ore o'clock Deoember 11th, All right,
MR. MOFFAIT: [would mention going forward that looking at my scbeduIe mnst Tuesdays are good, Wednesdays
pICk: up a lot of other meetings. Thumlay is not a good day, bot so if you're looking at days of the week, Tuesday for me is a good
day,
MR. PETrY: Mr. Cbainnan, if we coo\d, we'd like to ask you to spend about five minntes and get everybody's
preferences right here, And then, of course, after the meeting we'll get in touch with you because it's all based on room availability,
But if YOII could spend about fivc minutes and each one of you givc \IS your pref= like Mr. MoIfutt did because that's perfect
for us, When you say yon like Tuesdays above the rest of the daJ's that's pemct Tben we can check on room availability,
MR LEVY: Do you want to do that here, or do you want Mary to do that?
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MR. PETrY: Sir, if you want to give US a little bit of dinx:lion here; that way Maty can caU each boanI member then
through the process afier she finds OUI what rooms are avaiIable. and well shrink il down. If you'd like, well jusl make Ihe calls
direct to you, though, We can do that
MR LEVY: Call or e-mail? I mean, is e-mail easier than calling?
MS, McCAUGHfRY: I'd be happy to, Thc problem that I'm having is scvcml of you sent me back what was a workable
schedule, I think we had a lot ofTuesdaJ'S and ThursdaJs, one o'clock or from one to three, somewhere in that time frame. When I
talked to Margaret, scheduling here, I can' just say, "Look, can you give me this or this or ,this?" Site's like, "011, Mary, 011, you
know, I need more focus here. I can only tell you right now I have lhis", I wonId like to be able to set something up like we did last
year so that we know. okay. its every second Tuesday, it's every thinI Tuesday. whalever worl<s for all of you,
MR. LEVY: That would be fine, I mean, Tuesday, that's what we did Iast year, so Tuesday should be good for us,
MR. PETrY: If we have that concepl that Tuesdays are fuirly good fur everybody, Mr, Gibson?
MR GIBSON: TI1ey're good for me,
MR PETrY: They are good for you?
MR. GIBSON : Yes, sir, Mondays are better, I don'l play golf 011 Moodays.
MR. LEVY: Well, Monday's fine with me,
MR. BOLAND: You're going to have a bani time with the room here because in January they have art classes, other
classes, I know because Ill}' wife runs the social committee, I know theJ' wonId like a time "'''''Y month the same time so theJ' can
book the room, You're going to have a better shot al it. If yoo play around with this, you're not going to he here.
MR., LEVY: Well, you know, I ...
MR. BOLAND: That's theirruIes, you know, so...
MR LEVY: I like the one o'clock time slot.
MR BOLAND: As long as it's after I p,m., I don' care when you have It.
MR. LEVY: I mean iIMonday is a good day for GeoIf, that's fine with me, I don' know 000nt everybody else,
MR MOFFATT: Monday at one o'clock wonId wod< for me also,
MR. PETIY: Okay, Well, that's great, guys. Well cbcd< OIl that, and well gel back in touch with you on rOOIT.
availabilily and see what's up,
MR. LEVY: But well leave the scheduled meeting aIone that we have now?
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Budget Committee Meeting
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1611 A--l~~
MS, McCAUGHTRY: For 12/11, yes. We have that in the book and all scheduled,
MR LEVY: All right. And then what did we do, thc third wc used to do thc third Tuesday. Havc I got it right'! Last
year was it the third'!
MR PETrY: I forget which one it was.
MR. LEVY: But it should be. .
MR PETrY: A regular time period.
MR LEVY: Regular and so it's roughly a month apart for thc meetings.
MR. PETrY: Yes, sir. We will do that.
AUDIENCE COMMENTS
MR. LEVY: Okay. We've got audience conuncnts. Any conuncnts from the audience'! You're the audience,
MS. WOMBLE: I am not sure but hi thcre, guys. You're having a wonderful meeting, by the way. I'm just wondering if
thc other community building might be available where we used to have our old meetings for the board.
MR, PETrY: I like that. I like that plaee a lot. Thc trouble is they put desks in that meeting room, Did thc last timc I
went over to see Jim Hoppcnsteadt. I went in that hack WdY, and that old meeting room had, Iikc, Four desks in there, and there
were secretaries in there.
MR. MOFFA IT: Y call, I think the auditors arc in now. They'll probably tic it up for a month or so.
MR PETrY: But that is something we could ask for because it is a nice room. It's cozy.
MS. WOMBLE: And if this is not availablc and it sounds likc tins is becoming increasingly more difficult to gct.
MR. PETrY: This room is tough. They've lJccn fairly good about getting us upstairs under any circumstances, so we're
hnpeful.
MR, LEVY: Go ahead I'm sorry.
MR. MOFFA IT: I just wanted to ask before wc adjourn from a SlUnmal) standpoint. what is it that you're going to
prepare for us for our ncxt meeting, John'!
MR. PETrY: To recap, what you should cxpcct at your next meeting is to havc thc cnd-<lf-year financials with the
carry-fOlwards for budget considemtion. You should have a calendar with dates that and expectations of products or discussion
items, You should have more information on the Clam Bay issue since I'm having a meeting this afternoon, And I will try and get
some more infommtion about tlmt while I'm there. And I beheve that gives us pretty much what we discussed today. That's what I
8L5
Budget Committee Meetin!!
November 6. 2008
16/1 A-\~"
have on my list anyway.
MR. LEVY: And the schedule.
MR. PETrY: Mary. do you have ,my tiling else?
MS. McCAUGHTRY: Thc schedule, but that's the ealendar you mentioned already.
MR. PETrY: Yes. the calendar. I said that.
MR LEVY: 11lc calendar.
MR PETrY: I said the calendar.
MR MOFFATT: And we'll get capital earry-forwards by project'!
MR PETrY: You "ill gct capital carry-fmwanIs. TImt is part of tlmt expectation wc're Imving from the ComIty in the
nex1 week or two. Wc have numbers now, Thc trouble is they're abontthrec months old.
MR LEVY: And when arc you going to start tltis report again?
MR PETrY: If that is in geucml form, at thc next mceting you "ill gct that form filled out for the new year for the
budgct committee, and you will also get thc standard and SAP report for cxpenditures.
MR LEVY: Right. Right. And now when you show the estimated actuals for wcll, that's okay.
MR PETrY: We "ill plug in the new numbers when they get here.
MR LEVY: Yes.
MR, PETrY: So by your ucxt meeting they should havc the carry-forwards correct and in accordance with what we
receive in the next \\leek or Iwo.
MR LEVY: And yon're going to try to do this for '09 it's got a subtotal where the budgct thcre is thc same as the budget
here, and tllen you can add any other itcms below tlmt.
MR PETrY: Yes. sir. I think we can follow the fonnatthat Janice talked to you about a little bit last year,
MR LEVY: Y cs, shc Illld that last year
MR PETrY: Wc'lI bring that to you for your considcmtion. Wc're going to ask you-all to vote on that for a
rcconunendation because, as you know. opinions diffcr so mueh on the financial report. Wc'd Iikc cvcrybody to vote,
MR MOFFATT: By the way, if you're looking for space on this report, those explanations or what you call notes don't
add a hcll of a lot. You know, if you want to cxplain variations, that's one tiling, but just telling mc ..
MR IAIZZO: I had a question. too, Jcrry, I ""dnted to bring to the board and to this group hcre that I have been
816
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1 ANti
Budl(et Committee Meetinl(
November 6, 2008
entertaining thc thoughl of bringing the mainlerumcc under the Foundation, if it's at all possible, and conducting busincss not
through the County but through our own master homeowners' association. I think we'll have a lot more Ilexibilities and potential
savings that wc need to cxp10re, That's all I'm asking is lhat we explore it. And I "ill put it on the tablc immediately that this
concept docs not remove our present staff I want to relain this present staff that we have and havc cnjoyed for the past 20 years,
That staff has proven itself I don't want to removc the staff, but they're frce to go whcrcver they want to, I mean, But I certainly
want to extend that offer to this wbole group. I havc hopes that we ean save money. I belicvc there is money to be saved and better
control. And we need to explore it. and that's all I'm asking is lhat we kcep an open mind and explore it.
MR MOFFA IT: Why can't we save that money if it's available to be saved in the Scrvices Division versus the
Foundation?
MR. IAIZZO: You can't There arc certain item. Iii here you cannot remove. You cannot remove the other charges and
fccs that we see on the bottom. Jerry. You cannot remove that. You're stuck "ith IImt.
MR MOFFA IT: Wcll. yca11. and evcry indiVIdual's going to lose their tax deduction then for that asscssmcnt.
MR IAIZZO: Yon're talking $:JIX) tax deductIon not evcn.
MR. LEVY: It's $4tX)
MR IAIZZO: It's nol evcn. I 1Il"'1I1. lhcre's no big tax deduction. You would h.ave an asscssmcnt mlllcr than an ad
valorem tax, and the only ad valorem tax that this gives us is street lighting, So we would have an assessment mthcr than a tax ad
valorem.
MR MOFFA IT: Butthc staff would have 10 change employers if they were inclined to do so,
MR IAIZZO: If they "ant to jump and I don't even know if it's going to go throngh. I say let's Imve an opcn mind on
this issuc. Let's see wherc thc savings is. Is there a 20 pcrccnt savings? Maybe lhcrc is: maybe there isn't. But we need to keep
lhat opcn mind. But I want the stalfto fCSt assured IIley're not gomg anywhcre unk'SS they "ant to
MR PETTY Mr. Chairman.
MR BOLAND: I like the conccpt. John, bnt I don't think it would work for a couple of reasons. Number I .
MR, IAIZZO: No. this is not an opcn discussion to say it's going to work or not work
MR. BOLAND: Thc equipment belongs to the County Even though we pay for it. they have title. so we'd..
MR IALZZO: No. No.
MR, BOLAND: ...all newequipmcnt.
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Budget Committee Meeting
November 6. 20()8
16 J 1 A (~iA
MR. IAIZZO: That cquipmcnt belongs to this community.
MR BOLAND: John. an assessment right now. tJIe people of Pelican Bay almost had a kidncy rupture because of all the
concerued citizen stuff that the 5IK)'s unacceptable, yadds. yadda, yadds, It's here this year. If you tum around and take this out of
the tax base, put it in an assessment in Pclican Bay, I don't think thc community's going to buy it because they're upset about the
$500 now, thc next 51~).
MR PETrY: Mr. Chairman.
MR, BOLAND: Now you're asking for anolhcr $370 or $41~) a year. Thc concept's good, Jolm. but I'm just saying what
people would rather pay is the tax and deduct it
MR IAIZZO: No. I'm saying I'm nollooking for a decision now. I'm just saying we have (0 explore all the potentials
and whcre we go with it.
MR PETrY: Mr. Chainnan.
MR. IAIZZO: I don't want a decision. I want an open mind on this issue.
MR. PETTY: I can agree "ith both. And we do look at this almost every year. If you'll recall and Mr. lai/.Zo probably
docs, a lot of the beautification, the landscaping that we do, is common ground that we do in trying to get that proper use of funds.
Versus having two different landscapmg groups out there and have all that redundancy. we combined it into onc. and PBSD takes
care of it So that's something wc do look at for efficicncy, and it is part of our budgetary process. I just admire y'all for having so
much energy and spunk to try and get into this on the very first meeting. [t sounds Iikc wc're ahead of ourselves. [think it's a
future agenda item. but I expect to look at thai tJns ycar.
MR. MOFFATT: Well. I like John's idea. If there arc efficiencies that wc can achieve. I don't think it mailers which
organization you're achieving them in. Let's achieve the efficiencics.
MR. IAIZZO: But--
MR MOFFATT: But conceptually and I havc to get over that I have a problcm giving np tJIe tax deduction, lnaybejust
because of my background,
MR, IAIZZO: What" The $5tX)" $4t~)?
MR. PETrY: Keep nlll!.
MR. IAIZZO: $3t~)?
MR. MOFFATT: It's moncy and if you're adding thcm up, it tumsout to be something you C'dll spend.
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Bud2"t Committee Meeting
November 6. 2008
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MR IAIZZO: You're not saving that much. Tbere's no sa\~ngs there to s'peak of
MR LEVY: I don~ want to get a higher tax rate,
MR IAIZW: No, you won't. Don't worry about it.
MR, PETTY: It'll be that nickel that lakcs you over the edge into the next category, Mr, Chairman, I think we've
covered the agcnda.
MR IAIZZO: Ycs.
MR LEVY: We have covered the agenda, and thank you. Is there anything else you want to talk about? Is there a
motion to adjourn?
-- -- --- --- --- -----~--------~
Mr. John Boland moved, seconded by Mr. Jerry' Moffatt and approved
unanimously to adjourn the meeting.
There being no further business the meeting was adjourned by order oftbe Chainnan at 2: It p. m,
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC" BY KAREN
BLOCKBURGER, RPR, NOTARY PUBLIC AND FORMATTED BY MARY MCCAUGHTRY, RECORDING SECRETARY
819
RECEIVED
FEB 0 2 2009 TRANSCRIPT OF THE MEETING OF THE
PELICAN BAY SERVICES DMSION
Board of County CommlssionerORDINANCE REVIEW COMMmEE
Naples, Florida - November 25, 2008
16
Fiala
Halas
Henning
coyle .
Coletta y /
\41.
=
LET IT BE REMEMBERED, that the Ordinance Review Committee of the Pelican Bay Services Division, in
and for the County of Collier, having conducted business herein, met on this date at 1:05 p,m" in REGULAR SESSION at
Hanunock Oak Center, 8960 Hanunock Oak Drive, Naples, Florida, with the following members present:
Mary Anne Womble, Chairwoman
Michael Levy
Also Present: John PettY, Administrator, Pelican Bay Services Division; Janice Lamed, District Offices, LLC; Kyle Lukasz, Field
Operations Manager, Pelican Bay Services Division; and Mary McCaughtry, Recording Secretary, Pelican Bay Services
Division.
Ted Raia
AGENDA
I. RollCall
2, Approval of November 25,2008 Minutes
3, Audience Participation
4, Review of Current and Past Ordinance
5, Service Improvements through Ordinance:
a) Water Management
b) Beautification
c) Street Lighting
6, Operation and Responsibility of our Water Management System
7. Adjoum
ROLLCALL
CHAIRWOMAN WOMBLE: Lefs get this meeting started, and I guess since I'm the chair of the board, I am heading
this committee at this point, but I think I'd like to make"" we probably better close the doors because this is better than ifs ever
been. First of all, welcome to the first ordinance committee meeting. And we have on our committee Mike Levy, Ted Raia, and
we had someone else too,
MS, McCAUGHTRY: It was Mr, Burke currently not on the board,
AUDIENCE PARTICIPATION
CHAIRWOMAN WOMBLE: That's right. So at this point in we have all three, That gets more interesting, doesn~ it?
Well, lefs have a roll call; I see that we're all here, Mary, so let's move on. Is there any audience participation at this point?
(No response.)
REVIEW OF CURRENT AND PAST ORDINANCES
CHAIRWOMAN WOMBLE: Okay. At this moment I think we need to go to the review of the current and past
ordinance that we've been discussing. One is we have before us the objective of amending an ordinance that was already in
motion, I'd like to have Ted give us an idea of where he wanted to head with this first. And, John PettY, I'd like for you to jump
in when you can offer history, advice, suggestions, Okay,
DR. RAIA: Well, I don~ know maybe John may want to describe what other forms of government we can have short of
incorporation or annexation and the pros and cons of that and as briefly as possible and then we'll tak.M~~, Is that all
Date~L9:L
!tem#.~%
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Ordinance Review Committee Meeting
November 25. 2008
16 I 1 ftll\ b
right with you, Madam Chair?
CHAIRWOMAN WOMBLE: Absolutely,
MR, PETTY: There are plethoras of special districts in the State of Florida, Basically, we're going to talk about it as I
did at the regular board meeting a while back, We are an MSTBU, which is at the very bottom of special entities created by local
government. MSTBUs and MSTUs, and the acronym stands for Municipal Services Taxing Unit or Municipal Services Taxing
Benefit Unit, those were instruments of local government to provide specialized services to a set geographic area that is funded by
that same area served, They are typically totally dependent upon the county or the city that created them, and they do not have
any legal position, They can't own property, They have no taxing or assessment powers, They cannot sue or be sued, They are a
division or a part of the county or the city and, therefore, those forms of govemment are th~ ones that actually do the work. One-
step above those special taxing units is another special district or taxing unit, which is a dependent district. Dependent districts
can be established by a municipality and by county ordinance, Again this district is based on supplying specific services to a
specific geographic area that funds those services, It's a way to get something other than the base service levels that are provided
by local government. Dependent districts are legal entities, They can be sued and they can sue, They can own property, have
title, have fixed assets, but dependent districts by definition of the Department of Community Affairs, which has authority over
this issue, defines it as being one where they either/or control appointments to the board or have veto powers over the budget.
Either or both of those would make the district dependent. Independent districts are a step above that. Independent districts are
legal entities, They can sue, They can be sued. They can acquire property, They can also issue bonds, They can issue notes to
fund projects, They have the ability to do special assessments as well, They are established by local government or the State of
Florida through the legislative process, The most cornmon one today is labeled a COD or a Community Development District,
which is established by local ordinance if it's 500 acres or less, Anything above that has to be done by the govemor's cabinet
under their mantle of the water adjudicatory board.
DR, RAIA: So we would have to be over 500 acres?
MR, PETTY: We would go to the governor's cabinet, the water adjudicatory board, The issue there is the way it's
established is by petition to the local government or in this case to the State to the Governor's Cabinet. It would be a petition on
the landowners, If there were any landowners that did not wish to participate, they would not be included, So when you are an
owner of a large property, as Westinghouse was when Pelican Bay wasn't developed and they had title over our rights to 2,100
acres, they could go to the governor's office and petition and that's what they did back in the day,
DR. RAIA: In our situation, would you need 100 percent or a majority of the landowners?
MR, PETTY: One hundred percent, sir.
DR. RAIA: So it's 100 percent or not 95 percent and 5 percent could stay out of it; everyone has to vote for it?
MR, PETTY: Yes, sir,
DR, RAIA: Okay,
MR, PETTY: Otherwise you'd have to exempt them from your district, You have to do this checkerboard pattern,
DR, RAIA: So it is possible to do it?
MR, PETTY: Everyone within the district would have to approve it, and if there were, let's say 50 that say no, you
would try and cut them out of the district,
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Ordinance Review Committee Meeting
November 25. 2008
16 J l<At4b
DR. RAIA: Okay, Okay,
MR, PETTY: So it can be considered, but it is problematic because we are built out, because there are so many
different people, and since you do have assessment powers with the commercial areas as landowners they would also have that
option, and you have to wonder whether or not they would want to come in or not. So, it isn't just residents who may disagree
with the concept. It could also be other interests as well. There are a few other types of special taxing districts to be considered,
but most of them are in that I percent range of options available to us, There are things out there called "eRAs," which are
basically, taxing from financing entities where you are doing a redevelopment, and you are looking to try and capture some of the
revenue that is existing based on what you're going to do to improve the area, And you've seen these in downtown areas a lot.
There are several in the City of Naples ongoing now around the Gorden River, City ofS""7'ota has several of them that you'll see
down by the Sarasota Bay, their little downtown area and bistro area is done that way. Basically, it's a way of enticing money to
come back into an area to reestablish that community, You have to determine that there is blight before you're allowed to
establish one of these, And, again, you would do that through the local govemment, the county and the city, if we had a city
ordinance. And it is, again, one of those one percentiles. It really isn't an option for us.
DR. RAIA: We don't have much blight here.
MR, PETTY: We'd have to put on funny clothes and things, but that's basically what our options are in the mainstream
for trying to get, I think, what is referred to as a "modicum of control" above what we currently have,
DR. RAJA: So the work involved is almost the same as we went through with annexation, If you have to get all the
property owners to agree, that's a lot of work,
MR. LEVY: You didn~ need them for annexation, You only needed a certain amount. You didn't have to get
everybody,
DR. RAJA: No, that was incorporation, With annexation we had to get...
MR, PETTY: A mljjority, You have to get majority, but I can't remember if it is above a simple majority of 51 percent
or a set majority, J think it is a simple majority, Janice, do you recall?
MS, LARNED: No I don't.
MR, PETTY: I think it is a simple majority. There was a petition that requires a percentage, which is how annexation
was looked at in Pelican Bay because the golf course signed their acreage, if you recall,
DR, RAJA: Yes, Yes,
MR. PETTY: So that was a percentage of the available land,
DR. RAIA: Right. What percentage ofthe land?
MR, PETTY: But that's just to consider the matter, The referendum would be by the electorate,
MR, LEVY: That's right. That's right,
MR. PETTY: So this is kind of like being a little bit pregnant. There isn't really a way to do that. When you're looking
at these issues there are either the set patterns of special taxing units to districts to self-empowerment through incorporation. The
State really looks at it from those three steps, Either local government will handle it through a division or a special taxing unit or
they will see the uniqueness and specialness of it and approve a dependent or independent district available to them if possible,
But other than that, the evolution would be to become a municipality, In other states there are classes of cities, There are villages
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Ordinance Review Committee Meeting
November 25. 2008
16 I 1 ~I~b
or there are townships, both of which have different degrees of power, In the State of Florida you go from nothing to a
municipality, There is nothing..,
DR. RAIA: Nothing in between,
MR. PETTY: Nothing, They don't differentiate between smaIl, large, or in between, The rights are all the same
because it's based on the home rule of power here in the State of Florida, And that's really what you're looking for when you're
looking to go beyond the district status, Home rule power gives you the ability to do whatever is necessary for your community
and it also entitles you to revenue sharing, There's a large responsibility that comes with that though, There are requirements,
MR, LEVY: This is incorporation you're talking about now?
MR, PETTY: Yes, sir, There's always responsibilities with special taxing districts as well as you can imagine. I can
give you an example, The Pelican Bay Services Division did graduate to a dependent district in 2000 or January 200 I. We went
to the County and the County agreed and we transitioned into it after about four or five months of quite a bit of work on what
would be transferred to this entity, The utility site came up that you and I walked, Dr, Raia, Several items came up on what titles
would change, what properties would stay with the County, et cetera, what assets would move over. And all the fixed assets, all
the rolling stock of Kyle was going to be put in this new entity's name, And we became a dependent district, When the County
established that dependent district, which they have the power to do, they also gave it the power to tax, an ad valorem millage of
no greater than, I believe, 2 mils, And that bothered a lot of people that this entity could be created without their voting through a
referendum process that would now have taxing authority over them, And a group of Pelican Bay residents got up and voiced
their opinion that this was a negative impact, that they wanted the people to vote, And after a couple of months of discussion, the
Collier County Commissioners reversed their decision and converted us back to an MSTBU, Now, that does not mean that a
dependent district is a bad thing at all, It may mean that if you want to be a dependent district that you do so knowing that the
residents will not look at it favorably if you have taxing powers that they do not consider to be appropriate,
DR, RAlA: Well, there was more to that problem that the proponents of the independent district did not provide a
forum like this, Although there's nobody here, but people were clamoring to have a say in it to get more information disseminated,
And for some reason or other the proponents were reluctant to address the public on these issues, So a lot of people rebelled
against what they were doing, Not so much they were against the concept, but against the quasi-secrecy, not having enough
information, and I think that really defeated it, So, you know, maybe this could say you have a 2 mil or 0.2 mil.
MR, PETTY: It was a 2 mil.
DR, RAlA: A 2 mil. Maybe if something like that was resurrected, that it could be limited, Or you could even have
that this could only be passed by a referendum of voters at a certain level. I mean, there are ways to address what the people
conceived as a problem, but the important thing is the people of Pelican Bay are too sophisticated to have something jammed
down their throat without a chance to say something, So all right. Thank you, John, I appreciate your comments,
MR. IAIZZO: I have a comment. The question is, why should the board have that ad valorem or taxing ability without
consent from the residents?
MR, PETTY: The question was why this entity should have taxing authority without having consent or going through
the referendum process with the residents, And I can ouly tell you what I would recommend today, if you were to go through that
process, I would recommend that you maintain your existing millage levels for street lighting and for security that you've seen in
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Ordinance Review Committee Meeting
November 25. 2008
1611 ptlllb
the past. I would analyze what we had done in the past and I would go a little bit above that for a worst-case scenario, which
might mean I would recommend that you keep a I mil or a I 1/2 mil or whatever that is, I think thafs probably why the 2 mil was
there because at the time I believe we were doing security and we were doing streetlights, which both are funded through the ad
valorem tax process, assessment process, There should be a millage capability, otherwise, you're forced to use user fees and
charges or special benefit assessments that could be difficult to do for those two entities,
MR, LEVY: The way we're setup now we pass a budget, which goes before the Commissioners, and if anybody wants
to object they can object. There's a meeting with the Commissioners, but there's no limit now, There's no millage limit or
anything like that in terms of what budget we put forward,
MR, PETTY: The only millage limit is what is imposed by the County itself that Ibelieve they have a IO-mil cap, is that
right, Janice? Ten mil not counting debt.
MS, LARNED: Right.
MR, LEVY: I don't see why it should be you know, you're essentially going to spend the same money one way or the
other, You know what I mean? You're not doing anything different as a dependent district than you've been doing as an MSTBU
or are you? I mean, you don't need any more money. do you.
MR, PETIY: That's very well-spoken, And my recollection is from reading the minutes because I wasn't here and one
of the main opponents was talking about the ad valorem being a big issue, but you're absolutely correct. The County has that
ability to put that ad valorem over the people of Pelican Bay and does so every year and adjusts it as necessary, And any entity
that is established. whether it's a dependent district or a division, certainly the County or that dependent district can be held
accountable for their actions,
MR, LEVY: I mean, we are a non ad valorem now. It's not like the people get to vote on that or anything,
MR, PETTY: The assessment is what the assessment is every year, I think it was as Dr, Raia said there were other
issues that had to do with: This happened too fast, it happened without our input, and we don~ like it.
MR. LEVY: So why would you want to become a dependent district? What are the reasons you'd want to do that?
MR, PETIY: There would be some benefits for you to consider. You could own property, which means it's possible
that you could ask Collier County to partition that utility site, which we have done by memorandum several times; but this way
you could actually have title to it so that you could build facilities there as you saw fit to meet the needs of Pelican Bay, Not that
you'd want to build facilities or anything of that nature, You could sue people on behalf of your position with Pelican Bay should
there be any problem with an interface, Somebody cuts a 50-foot-wide path through our berm, for example, don~ ask me why
they would do such a thing, but if it happened, you could sue them to get that fixed or to pay for the cost of you having fixed it.
Other issues such as that would give you more conttol over the decision-making process, And instead of every decision being
capable of being either overturned by the County Commissioners, which is at their discretion currently, are in some way impeded
by the policies of the County through staff, In other words, if it were limited by the current policies of staff, you would have a
little bit more say over how you would perform the services within Pelican Bay because you'd be following a more specific
procedure geared for Pelican Bay versus a procedure geared for all of Collier County, So there are slight benefits of control. I
can~ tell you without analyzing it whether there would be any benefits of operation,
MR, LEVY: Is Pelican Marsh a dependent district?
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Ordinance Review Committee Meeting
November 25. 2008
16 J 1 Itlttb
MR, PETTY: Pelican Marsh is an independent district. It is a COD, It was established by Westinghouse before they
started selling units,
MR, LEVY: Okay, Thank you, They control a road going through there, That's a County road going through there,
isn't it? And if the .,.
MR. PETTY: No, sir,
CHAIRWOMAN WOMBLE: No,
MR, PETTY: It's a district road. The district built it with their funds,
MR, LEVY: Oh, okay,
MR PETTY: And it is a public road, And there's a little bit of a secret to that road in that the guard can't stop you. The
guard does stop to say hello, but he can~ bar you from having an entrance to that road, That's a legal opinion going way back to a
Miami case, And if you build it with the public's dollars, tax exempt, which these were built with district bonds that are tax
exempt, that's public money, and as such, the public has access, So the guard is there basically to say hello, ask you what your
business is, If you feel like answering him, you may, It's more to get a picture of your car and your license plate and basically to
let you know that this is a safe community, You're being watched,
MR, LEVY: Now, if we were a dependent district, could we put gates up on all roads coming into Pelican Bay?
MR, PETTY: There's a small possibility of that, Pelican Bay does have County roads, as you know, Gulf Park Drive,
Pelican Bay Boulevard being the main ones, We are not considered to be connector roads though because we only really serve
Pelican Bay, it isn't like this is how you travel up and down the coast. Basically, Pelican Bay Boulevard is a big U that serves
Pelican Bay and Gulf Park, just connects in the middle, We don't really have through roads to Creighton Road as you know,
That's a dead end by design so that it wouldn't be a corridor road, So even though they are County roads, they are not corridor
roads, They're not necessary for the County's plans outside of Pelican Bay, So, yes, there is a possibility that you could negotiate
that with the County who is looking to conserve their monies as much as possible, And a 30-year-old road, they may be willing to
transfer to your responsibility,
MR, IAIZZO: Provided they gave you some reserve money because",
MR, PETTY: Well, we're not ready to negotiate yet, sir,
MS, CRAVENS: I've got a question, some concerns. I think before we talk about eliminating the MSTBU that maybe
we need to understand it better, I think there's some real fuzzy understanding about what our MSTBU is. We know what our
ordinance is, And for those of us that have tracked it, we know how it has changed through the years, The missing pieces of
Florida statute information about MSTBUs and there are certainly Florida statutes that have certain requirements and conditions
for MSTBUs, I have a few questions about our MSTBU and whether or not, you know, it stands for Municipal Services Taxing
and Benefit Unit. Okay, And there's a comma in between there, Municipal Services, comma, Taxing and Benefit Unit. So we
essentially do tax ourselves with the non ad valorem assessment. We use the euphemism of "assessment," but it works like a tax
and it's paid like a tax, We have rolls, We have what are called "assessments rolls" that list every single business, every single
individual that lives in Pelican Bay and their assessment; what they're paying, and we pay it through the tax collector. And there
are so many similarities between what our MSTBU is and an actual taxing district that it begs the question, how much do we
actually differ? Are we really as dependent as we're made to think we are or are we maybe a special district that does have more
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independence than we actually know? And I think the answers to those questions are not in our local ordinances but are in our
State statute. And I would ask that we look at that and potentially not take a step backwards, Maybe we're in a very good
position right now for our needs until the next step, as Mr. PettY states, the logical next step is become our own city. Maybe we're
not ready for that yet, but maybe our position as an MSTBU is a good position to remain in, And the last thing that I want to
emphasize is that we as a community have decided what our benefits are. We decided that. Nobody told us, It was something
that our community proclaimed they wanted as benefits and that they would assess themselves to maintain those benefits, One of
those, of course, is the conservation area, And I would caution that we do anything that might take that conservation area out of
our official documents that recognize that it is our benefit. I think with the actions the County has been taking lately they would
very much like to see us remove that as a benefit to our community, It may stand as an impediment to them, not today, but maybe
in later actions, I think we need to take all those things into consideration, I would hope that we more fully understand what our
MSTBU really is and that we might consider that the next logical step is actually incorporation, And maybe we're not ready for it
yet, but maybe we should consider that and consider when we may be ready for it and start the investigation process,
MR, LEVY: The fact that we mostly use a non ad valorem tax, that's got nothing to do with being an MSTBU, I mean,
we could be using ad valorem tax and be a MSTBU also?
MR PETTY: Yes, sir,
MR. LEVY: Okay,
MR. PETTY: Cities and counties have assessment capabilities, Cities and counties can do special benefit assessments
as well. And the difference between the two, while very similar, do have very specific legal issues associated with them, But
Marcia correctly stated that special benefit assessments are common across all three levels whether you are an MSTU, MSTBU, a
dependent district, an independent district, or a form of local govemment city or county, that the ability to do benefit assessments
or tax assessments or ad valorem assessments are typically within your scope,
MR. LEVY: So it's either ad valorem or non-ad valorem, it doesn't matter which way you do those things?
MR PETIY: These are all defined by the Florida Constitution on what powers they have given these local
governments to raise revenues.
MR. LEVY: We can do it both ways here, am I correct, ad valorem or non-ad valorem and the MSTBU,
MR PETTY: We do both here currently,
MR, LEVY: And we could do one or the other entirely too, I mean, we don't have to do them both,
MR. lAIZZO: That's true, We can remove the ad valorem from the ."
MR, LEVY: Or make it all ad valorem,
MR, IAIZZO: You can't make it all and",
MR, LEVY: Do away with it.
MR, PETIY: I would love to say yes, We're 99 percent of the way there, The issue here is, Benefit Assessments are
different from other types of assessments, And our water management system was based on that Benefit Assessment of one acre
gets charged X,
MR, LEVY: Right.
MR, PETTY: And while there were bonds outstanding that methodology couldn't change, the bonds were paid for a few
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years back, As a matter of fact, that was one of the ways of settling up with the County for some of the fund balances that were
there in 1990, And I think this all happened in the late '90s when they finally settled up a little bit. And they paid off the water
management bond issues at the time, But since our methodology was based on benefit, I am reluctant to say that we would ever
go off of it because it puts you in a legal position that is different from a regular assessment. And I would be reluctant to move off
that position. I like the position of being able to do special assessments, special benefit assessments and ad valorem assessments.
MR, LEVY: This document states that the purpose of powers, one of them is to finance the landscaping beautification
of US 41 from Pine Ridge Road to Vanderbilt Beach Road, Do we pay for that whole stretch of road on 41?
MR. PETrY: Currently, that is part of Kyle's responsibilities, but we didn~ put the dirt in, As far as I know we're just
maintaining it.
MR, LUKASZ: Are you talking about in the median on US 41?
MR, LEVY: Yes,
MR. LUKASZ: The median we don't do,
MR,LEVY: Okay, We just do our side,
(Multiple speakers.)
DR, RAIA: We were thinking of building the median,
MR, IAIZZO: Yes,
DR. RAIA: But once it was built, the County took over from there,
MR, LEVY: I mean, it looks very nice, I'm just glad we're not paying for it.
MR,IAIZZO: We put it there, but we're not maintaining it
DR. RAIA: We're not keeping it up,
MR,IAIZZO: We tried to,
DR, RAIA: I'd like to pick up on what Marcia said that there are items in the MSTBU that we have which gives us a
little bit more say than we think. At least if we exercise the rights that are there, unless the County interprets it a different way,
But, for instance, just as recently as 2006 under previous Pelican Bay Services Division boards that amended the ordinance of
2002, and although a lot of it was window dressing going from a committee to a director to a board, there are important items that
were added, For instance, in Section 4 it lists the purpose of providing various services, And it has water management, ambient
noise management, et cetera, et cetera, but then they added including the restoration of the mangrove forest, That was added as
recently as 2006,
MR, PETrY: You're on Section 4, sir?
DR, RAIA: I'm in the red book and, in bold print it says Section 2, but it's referring to the ",
MR, PETTY: Oh, thank you,
MR, IAIZZO: What page are you on?
MR, PETrY: Page 2 of II, I believe,
DR, RAIA: Page 2 of II,
CHAIRWOMAN WOMBLE: Two of eleven,
DR, RAIA: And in that paragraph if you proceed down, this is not to change, It's there, (As read): And to that end
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shall possess all the powers to do all things reasonably necessary to provide such services. So after telling us to take care of the
mangroves and to do everything in our power to see that they're taken care of ,,'
MR, IAIZZO: Yes, But you have to ..,
DR, RAIA: Well, wait, Okay, I'm going to skip to page 9 of II, Section ]3, And there's some changes there, And I'm
not really interested in changing the wording from committee to board, but down at the bottom, The execution of work program
this is under D, (As read): The execution of a work programs shall be under the direct supervision and responsibility of the
Pelican Bay Service Division Board, What was changed is it was under the County Manager. This clearly states, and I'll repeat,
'the execution of work programs shall be under the direct supervision and responsibility of the Pelican Bay Service Division to be
executed by the Pelican Bay Service Division staff with the assistance of any additional County staff needed in accordance with
the memorandum of agreement', which [ will address also, but it takes the County Manager out. In bold print Section II, the next
page 10 of II, this Section 14, Duties of the County Manager (A) to participate in, these are the new words, 'to participate in the
administration of the activities of the unit in accordance with the memorandum of agreement', whicb I will go over in a few
minutes, a letter of understanding 'and to establish' before that it was he was to administer it. It's changed, He only participates
in what we decide has to be done,
MR LEVY: Yes, but read number C, Ted,
DR, RAIA: I'm going to go down there, Well, C has to require any contract manager or an employer of the unit to
report directly, Right. I have that circled and [ have it written as a conflict. Now, again, iI's a matter of interpretation, Would
they go through all this verbiage of giving the Pelican Bay Service Division the responsibility to do all these things, clearly taking
it away from the County Manager only to say here that the employee manager must report directly to the County Manager? My
interpretation of that is you have to let the County Manager know what we're doing, I have no objection to that. Let the County
Manager know what we're doing. But all these changes that were duly passed by the Board of County Commissioners were an
attempt to give us more responsibility and latitude, But they refer to the memorandum of agreement letter of understanding,
There were two letters; an agreement with the County Commissioners and it's a little bit smaller (as read): Efficient method of
operation is to allow the Pelican Bay Services Division Board those powers and duties as may be necessary to achieve the
benefits related to those purposely described in Section 13 of the ordinance, Section 13 is just what we went over telling us to take
care of all these things including the mangrove forest. That the Board of County Commissioners shall accept the direction of the
Pelican Bay Services Division Board and its policy decisions relating to the Pelican Bay Municipal Service Taxing Benefit Unit
in conformance with Section 13 as amended, And so, again, it's directing us directly from where we are to the Commissioners,
nothing in between, The second letter of understanding with the county manager, , ,
MR. LEVY: What page are you on, Ted?
DR. RAIA: This is..,
MR, PETTY: At the end of the book, third page from the last.
MR, IAIZZO: In the back,
MR PETTY: Second or third page from the last.
MR. LEVY: Oh, okay. Thank you,
DR. RAIA: Amendment to memorandum of agreement, letter of understanding in paragraph 2 (as read): That County
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Manager shall accept the direction of the Pelican Bay Services Division Board in its exercise of decision and control of the
day-to-day operations relating to the purpose and powers of the Pelican Bay Municipal Services Taxing Benefit Section 13 as
amended, So he's actually saying that he's agreeing to this that the County Manager shall accept the direction of the Pelican Bay
Services Division, Now, what the heck is the problem here? Why aren't things that we ask to be done, why aren't they done?
And if they were done, we wouldn't be having this meeting,
MR, PETTY: Madam Chair, if I could, While I very much agree with the emotion of the argument, the MSTBU is not
set up quite so beneficial to the people of Pelican Bay, And I think we're taking out of the agreements and the amendments the
strongest pieces while leaving some back in the text And let me say that what we just heard was paragraph 2 from the
memorandum of agreement letter of understanding and let's put a name to this, This is not a conttact, folks, This is a
memorandum of understanding, This is the same thing as a casual conversation that's written down, Now, this can be changed
at any point in time, And, everything that what Dr, Raia told you was correct, he was reading it, except for the very last part of
the sentence which was, 'unless and except there is some overriding governmental reason to do otherwise', and that governmental
reason can be decided by the Manager or the Commissioners, And we don't really have a judicial process to go after. And that's
whats been our issue is when we were in conflict with anything that the County wanted to do, we really didn~ have any judicial
process or any procedure to go through other than going to the County and saying, please don~ do it And that put us basically out
there trying to do our jobs the best we can until somebody told us otherwise, and then we don't know the reason why, In this case,
Clam Bay, which I'd like to say we did a miracle and the people of Pelican Bay should be applauded, Every resident here should
have a little statue on their mantle because of the money they put in or the time and effort they put in for Clam Bay, Because it
isn't that many people that pay attention to the mangroves, If you've ever been in a boat at night, the mangroves are not your
friends and the no-see-ums amongst them makes it a nasty place to be, For you to spend money to keep them there and to make
them green again, that's a big deal.
DR, RAIA: Okay. I'm not an attorney so I don't know the legal place for a memorandum of understanding, but this was
signed by Mr, Mudd, by Jim Carroll, who was the chairman, and by David Weigel, who was the County Attorney at the time, I,
at no time, did I ever deny the fact that the County Commissioners dictate whatever we do, I mean, but before they reached that
point, they gave us a modicum of self-government so that we'd be quiet Let us take care of our affairs, But, you know, they
arbitrarily, we have lost this just like we've lost..,
CHAIR WOMAN WOMBLE: Ted, I'm going to have to say something about that. I don't think that we lost it. When
you look at the amendment to memorandum of agreement, letter of understanding on page 5 of 5, and you read about how the
Board of Collier County Commissioners have accepted the direction of the PBSD board and policy decisions, and that's No.2,
and they go on and on about how to the maximum extent allowed by law we have the right to direct them unless and except when
there is some overriding governmental reason to do otherwise, And then No, 3 they come back and slam us with, 'that all
ultimate policy making powers of the Pelican Bay Municipal Service Taxing and Benefit Unit are reserved unto the Collier
County Board of County Commissioners sitting as ex officio board of the Pelican Bay Municipal Service Taxing and Benefit Unit
pursuant to Florida law', It all comes back to they get to say what's the end of the end, That's it.
DR. RAIA: You're absolutely right and I recognize that. So should we just dissolve and say the County should just take
over, No, I mean, the County did want to set us up..,
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CHAIRWOMAN WOMBLE: I don't know whether we should or not, but you were making a point and I was
disavowing that point as realistic because it comes back to the Commissioners. So you're heading into a different situation now
than we were discussing.
DR, RAIA: I was addressing that they took the care of the mangroves away from us and without addressing the point
that they gave us these powers to take care of them, Now, when they decided to do that, they should refer directly to this
ordinance it was amended in 2006 and give a reason why they considered it an overriding government need to do this,
CHAIRWOMAN WOMBLE: Okay,
DR, RAIA: At least address the ordinance that they passed and that we were operating under.
CHAIRWOMAN WOMBLE: We've been operating under that ordinance, as ,you say; however, in each case that
ordinance and the letter of amendment prettY much clearly defines the fact that the Commissioners are in charge of whatever final
decision is made, They override us in every way because we're actually their board, Weare to give them advice, and whether or
not they accept it is really up to them, No matter what's written in this, they still can make the end decision and they have,
DR RAIA: I have no question of that.
CHAIRWOMAN WOMBLE: I don't agree with it either and I'm frustrated by it.
DR RAIA: I agree that they have the ultimate authority, but they would just a soon us do what we're doing rather than
get into all the detail work here, All I'm saying is there should be some recognition when we exercise our responsibility and they
use this power they have to take it away,
CHAIRWOMAN WOMBLE: Ob, I believe they feel that they recognize us, They've said several times on open
camera how wonderful we've done and what wonderful people we are and how marvelous the mangroves are and they're so proud
of us, And then in the next five minutes they turned around and said, you know what, let's start a whole new committee, Ilooked
and I listened and I sat there among them as they did that and thought, this is really an interesting situation,
DR, RAIA: Well, in that ordinance it clearly states that we're responsible for water management. This is another case
where the County has usurped that slowly over the course of the years where they don't even feel they have to notifY us that they're
doing something that affects our water management system that we spent $12 million to construct and $800,000 a year to
maintain, Yet, it's still in the ordinance and it's just one item after another where they give something and over the course of time
they slowly take it back and put us back, So when they pass these things, and this was just 2006, it gives everybody a good
feeling but there isn~ that wann, fuzzy camaraderie between us and the County if they're doing that. Which then leads us to what
the alternative is, do we have to incorporate in order to maintain this identity?
CHAIR WOMAN WOMBLE: That's a good question, Anybody have the answer?
MR IAIZZO: CDD,
MR. PETTY: Madam Chair, if! could, certainly it is an option, The reason there are MSTUs, MSTBUs, dependent
districts, independent districts, and incorporation into municipalities is because of that level of control and independence and
identity, What is the particular placement for Pelican Bay is what the residents decide it to be, what they feel is in their best
interest. In my mind that's what this committee is looking into; what is available to you through the ordinance; or any other means
the committee feels they should address. But, particularly by ordinance are there ways to improve the efficiencies of the services
that we are currently responsible for, are there services that we think that we should be responsible for that we should ask or
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petition the County to include, those types of things, The issue of what guarantees do we have while we are an MSTBU where we
do not have a legal position, there is no procedure, We have to take the position of the County as being absolute because we don~
have a path available to us to go through a judicial-style approach, As a dependent district you do have the ability to some
judicial acts, The County does have the power to appoint whoever they wish to your board, They do not have the power to come
in and say your water management permit will be signed off on by our engineer, for example, They can't do that, but they can
appoint who they think is appropriate and responsible to your board or they may look at your budget and say this is irresponsible,
It's too big an increase or we think you should be ratcheting back 10 percent. They can do that veto on the budget, but they can't
get involved in the minutia of day-to-day operations, So dependent districts do give you a modicum of dependence with still,
oversight /Tom, if you would, the parent. Irs only through incorporation that you evolve be)Cond a parent concept.
DR, RAIA: I would not want to set up a system where we want to have our lawyers fight their lawyers, We'd go broke,
I mentioned two things that the County has taken away without really addressing the ordinance and that is the water management
and the mangroves. There's a third thing that they haven't taken away, but they have threatened us that they would take it away if
we were to do annexation or incorporation and that is the irrigation, Yet the Pelican Bay Independent District provides water,
sewer, and itrigation water by way of maintenance, This is, I'm reading the studies done by the County: In order to take over the
Pelican Bay Independent District to preserve the economic advantages afforded by the regional waste water services, the Board of
Commissioners required, as indicated by the State legislative intent, neighborhood legislation, that the water and sewer district be
merged with the general purpose government, which was the County, And August of 1989 a company that is studying said and
made it clear that the succession rights related to the operation and maintenance of Pelican Bay Independent District water, sewer,
and irrigation water system appeared to offer substantial long-term benefits to the property owners of Pelican Bay Independent
District. Now, this was all information that was given to the court, The County can provide water, sewer and irrigation water
services of better quality more efficiently and more cost effective than the water, sewer and irrigation water services now provided
by the Pelican Bay Independent District. How after making these statements that they're obligated to provide these services, equal
or better, can they say we're going to take it away from you if you talk about annexation or incorporation, They've intimidated
everybody in Pelican Bay thinking that they can do that.
MR. PETTY: Yes, I do not disagree, Clearly duting the transition of PBID to PBSD, a division of Collier County,
through not only this reference but other references said that they would supply Pelican Bay residents with services equal to or
better than those being provided by PBID, They did list them as potable water, irrigation, fire, and wastewater services and all
that that entails including the collection systems, the distribution systems, the lift stations, the meter readers, the whole nine yards,
And they basically adopted that through their resolution, and the County did agree to do that. Now, when the County I think it
was two or three years ago, duting the annexation issues, I think we came before the Board of County Commissioners where they
had a vote of confidence or a vote of understanding and they decided that they were not obligated to provide effluent to our
community,
CHAIRWOMAN WOMBLE: Right.
MR. PETrY: That may be a fine way of saying that they have options, They did agree that they would provide services
equal to or better than those being provided by PBlD. And so at the time PBlD was supplying a great deal of its irrigation water
from a well field off of Immokalee Road, and it could be that they were just using semantics, ] do not think that they have the
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ability to withdraw their obligations in regards to irrigation water regardless of the source, That's my opinion of it. And I believe
that the County feels the strong obligation to continue that service, And what they said may have just been an angry response to
some of the things being said during annexation, That's what I suspect.
DR, RAIA: And if that's true, that was addressed at the time they recognized that the Pelican Bay Independent District
was providing the effluent water here sufficient to meet our needs, but that with the growth of Pelican Bay, it was strongly
suggested that they would not be able to meet the needs, But at the time the north filtration system was being built, the
wastewater plant was being built, and the County came strongly saying that we are able to meet the future needs, And that's
another reason why we should be allowed to take over the Pelican Bay Independent District.
MR PETTY: Madsrn Chair, I agree that that was correct. In '89 the County was very concerned about having
effluent-usage customers by contract. Pelican Bay was the only one using effluent at the time in this area,
CHAIRWOMAN WOMBLE: Oh, [didn't know that.
MR, PETTY: As such they wanted us to be their flagship so that the rest of the golf courses and other community's
would get on-line, So, yes, they can that is a correct statement and very good research work.
CHAIRWOMAN WOMBLE: Good going, Ted,
MS, CRA VENS: Can [ comment on a few of those things?
CHAIRWOMAN WOMBLE: Since we're having a rather open committee meeting here, I feel very comfortable with
that. Go right ahead, Marcia,
MS, CRA YENS: The letter of understanding, slash, memorandum of agreement that was amended with the 2006
ordinance, I have a few comments on some of the things that were discussed here, That particular letter of agreement, letter of
understanding, agreement, whatever, actually is cited in the ordinance. It's not that it doesn't carry any weight. I think the fact that
it's cited in the ordinance as being part of the ordinance gives it great weight. And it is cited in the ordinance as a way of further
illustrating the intent of the ordinance. And rather than go to the very last statements that are in the ordinance and in the letter of
understanding or amendment to the letter of understanding, I would say go to the first part of it, the part where it clearly describes
the intent to allow the Pelican Bay Services Division Advisory Board to have decision-making capacity, And I would say that
that actually derived from conflict. There was conflict way back when, and Dwight Brock became involved in it. That letter of
understanding and the new ordinance came about as the result of a number of meetings between the County Manager and Pelican
Bay Services Division Board where Dwight Brock acted as mediator. And that's how these things came about. So it's not that we
have nowhere to go, Here we are in conflict once again, Maybe we need to address this conflict officially. And also the whole
issue about the new Clam Bay Advisory Committee it has not taken away the mangrove forest from us or the conservation area, It
actually has no scope, The Commissioners have agreed to create this new committee, but they left it wide open as to what the
scope of it would be, So we have the ability to lobby our representative, one of whom is Jim Carroll, and other members of that
new committee to try and help them get a better understanding of the issues from our perspective. That's one thing we can do,
The other thing is there are rules that Collier County has itself. There's an ordinance that tells you how to create an ordinance and
what you cannot do, You cannot create an ordinance that's in conflict with another ordinance. And so I think that there are some
issues here that we kind of need to see how it's going to play out. Thank you,
CHAIRWOMAN WOMBLE: Thanks, Marcia, Anyone else? Jerry,
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MR, MOFFATT: I'm Jerry Moffatt. I'm just trying to follow the discussion here and understand what it is that created
this meeting in the first place, What's the issue? I've heard a lot of talk about what alternatives are and none of which seem
particularly good, And, I don't know what's so bad that we're trying to fix, So, I'd just like to understand better what the problem
is we're trying to fix, We've had a little bit of discussion about incorporation, but is that under this board's prerogative to pursue?
CHAIRWOMAN WOMBLE: No, Okay. No. The reason why we did that was because we want to understand exactly
what our rights and powers are and what might be the rights and powers of a different type of government so that we can be better
infonned as to what exactly we are fueing and feel concern over might be amended or alleviated by a different way of handling
things in this community, And to that end we needed to understand the differences and the rights and abilities of each one of
those smaller independent, dependent, incorporate, whatever, type of community in order to know where we could head, if we are
doing our job, And, evidently, we are because the Commissioners keep patting us on the back, We want to know if that's not
good enough, Is there some other way we can go in order to do the job the way we feel that we need to with the powers that we
need to have, Is that prettY well succinct, Ted? Actually, you should be asking Dr, Raia because Dr, Raia is the one that thought
this was an important committee tu form and he's been spearheading most of the infonnation about what we're looking at
MR, MOFFATT: Well, I wasn~ directing my question to anyone in particular, But if! understood Mr. PettY in his
description of the alternatives, none of them offer a better end result than what we now have absent perhaps incorporation, And I
wasn't sure that this committee ought to be pursuing that And even in this community with the backlash against it a year or two
years ago, I think we ought to let someone else get tarred and feathered on this subject
DR, RAIA: I'm used to being tarred and feathered,
MR MOFFATT: Not as part ofthis organization,
DR, RAIA: I think incorporation is just on the table as another fonn of government, not that we as the services
subdivision are going to pursue it At the same time, if it does happen, we're going to be part of it We're going to have to have a
voice in something like that. What I'm bringing out right now, though, that incorporation issue was just two years ago. And it
was mainly shot down because the County was not going to give us effluent water, And that turned a lot of people off saying that
we're going to payout of our pocket for potable water to irrigate ourselves, I don't think that's fair for the County to do that, I
think people had been misinformed about that And if this issue ever comes on the table again, I think that they ought to know the
fuets before making a conclusion, You know, we can just lie back and accept all these things, Personally, I really feel insulted
that they treated us the way they did after so many people volunteered so many hours and were so successful in taking care of the
mangroves, Then to arbitrarily say that Clam Bay now extends down to Fifth A venue and try to pool all the pollution and let
something runoff on us where the waters here in Pelican Bay are pristine clean was wrong, To say we have to put navigation
signs up when the charts clearly state it's not navigable waters, I mean, I don't know where they're coming from, It's one thing
after another, So to me there are issues, Now, recently, dealing with this water management There was a time if you read the
old minutes of Pelican Bay Independent District their meetings were occupied talking about water management; new development
going in; are they meeting the demands of our system, Now, suddenly it kind of disappeared to the point we never even receive
the plans, That's wrong, So I just think personally as a concerned citizen that these are issues that the people should be made
aware of and move in a direction that they so choose.
MR, PETTY: Madam Chair, if] could put my two cents in,
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CHAIRWOMAN WOMBLE: Go ahead.
MR, PETTY: The ordinance has been modified quite a bit since 1990, There have been changes, you know, as things
have moved forward, And Jim Carroll, as chainnan, made some considerable changes in the ordinance in 2006, And while some
of them are privileges, others were, I'd like to consider, advancements of what we do, I like to think of this committee as
following those examples of past modifications and what Jim Carroll basically was able to start in 2006, And that's why I focus on
the stewardship of Pelican Bay and how can we increase our efficiencies and delivery services and responsiveness to the
residents, And if it takes a change to our ordinance or the inclusion of a new service, then that's what the committee should look
at, If it looks at evolving into the next level, whether it be a dependent district or independent district, any interface with the
County, and both of those would require an interface with the County, I think should come from us because that's our entity that
we deal with, That's our interface. So as long as it is done professionally and equitably, I think it's very appropriate for us to
consider those issues, And I look at this more like a family, And when we talk of better ways to do things, in particular like the
water management permit where I personally agree that we could do a better job of looking at that. When we talk about these
things, I don't mean to be derogatory towards the County since their name is on my paycheck, but more of speaking like I would
of a brother or a relative where I tell people that they're a little loose in the heads sometimes, that the County may be more
preoccupied with far more responsibilities than what we have here in Pelican Bay, and they just can~ give it the attention that we
can, So that's the way I like to look at it and I think that's what the committee has been set up to do,
CHAIRWOMAN WOMBLE: Uh-huh, And let Kyle do it all.
MR, PETTY: Or we blame him,
CHAIRWOMAN WOMBLE: Marcia,
MS. CRAVENS: I just would like to say that Mr, PettY speaks about how the ordinance bas been amended over and
over again, Well, as you'll see that it states in the ordinance itself, it is to be reviewed every four years, Thafs why I was a little
surprised that we seem to be reviewing it now when it's only been two years, and we actually have the strongest ordinance we've
ever had for our MSTBU, I feel a little wary about opening it up right now to changes because, as we know, there are sometimes
when that is done and we may think that we're moving in one direction and we find out very differently that what actually occurs
in the end is in a completely different direction, So I would just urge caution before making changes, And maybe it needs a little
more investigation, particularly as to what the Florida Statutes say, about MSTBUs and what our real legal rights are that we can
ask that they be upheld,
DR. RAIA: And I agree with you, Marcia, I would be satisfied for a start that we call the County to please observe the
ordinance that was amended in 2006 with no intention of going anyplace else, But, to me, in the past two years they've drifted far
apart from it.
MR, PETTY: Madam Chair, if I could I'd like to address two points, One is that the ordinance isn't scheduled to be
reviewed by the County until 2010,
CHAIRWOMAN WOMBLE: Right.
MR. PETTY: And setting those time frames for a mandatory review are something thafs fairly nonnal. It's called a
sunset provision where these items are not just left out there to go on for the next 50 years, that there is a sunset provision where it
wilt be reviewed again to see if it's applicable, And the County put the four-year number to it. That doesn~ mean we're locked in
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1611 A\~~
for four years, If we see something that needs a change, certainly we should do so in a timely fashion. Whether it coincides with
the four years or not is really not gennane, It's more for the sunset provision than anything else, Second, we continue to hear this
opinion on legal rights, And I find myself in a defensive posture since I'm the only one that has spoken to that so far, And in
trying to get my head out ofthis noose, may I suggest that at the next meeting that we have legal counsel here so that you may ask
them specifically these legal questions and get their response, Keep in mind, now, this will be Heidi or someone similar from the
County Attorney's Office, but you will get a legal opinion,
DR, RAIA: The County's legal opinion,
MR, PETTY: We are a division of the County so this is us,
DR. RAIA: No, I agree,
CHAIR WOMAN WOMBLE: Well, then let's suggest that they send someone, please.
MR. PETTY: We will be glad to invite them to the next ordinance review committee,
CHAIRWOMAN WOMBLE: That would be lovely if they could find the time to attend,
MR, PETTY: And I appreciate you letting me escape from this whole noose,
CHAIRWOMAN WOMBLE: I think that's probably wise, I see Mr, Naegele has his hand up,
MIL NAEGELE: Bob Naegele, Viscaya, This morning at the Pelican Bay Men's Coffee, Mr, Henning addressed us
and he did an admirable job, And one of the questions that came up and still seems to be unresolved is the question of the
pursuance of the mangrove permit, And on April 16th or April 24th, when was it?
MS, CRA YENS: April 22nd,
MR, NAEGELE: April 22nd meeting of the Board of Collier County Commissioners they gave us tentative approval,
help me John ifI'm overstepping my bounds, to go ahead with the mangrove permit. Maybe it's abbreviated, Maybe it's not ten
years, Maybe it's five years,
CHAIRWOMAN WOMBLE: It was five,
MR, NAEGELE: It was five, And then consequently, a new ordinance emerged which really seemed to say, 'no good
deed goes unpunished', You haven't earned the right. And what we'll do now is we'll expand Clam Bay to, well really it's not
Clam Bay, Ifs really like a watershed district from Wiggins Pass down to Fifth Ave, Now, that was uncalled for, It was unfuir
and...
CHAIRWOMAN WOMBLE: Did Mr. Henning actually state that?
MR, NAEGELE: No,
CHAIRWOMAN WOMBLE: You're opining,
MR, NAEGELE: But here's what he did say,
CHAIRWOMAN WOMBLE: Okay,
MR, NAEGELE: In the presence of the new ordinance, the previous permit application, that action was taken place on
April 22nd has not been rescinded,
MR, IAIZZO: Never denied.
MS, CRAVENS: Exactly,
MR, NAEGELE: It has not been denied. So at some point I believe that the PBSD was going to pursue this to the point
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where somebody had to stand up at the County and say, no, we will not do that. But at this point, it seems to me that has not been
rescinded, John, help correct me there, please, if! have made a mistake,
CHAIRWOMAN WOMBLE: I don't believe it has however...
MR. PETTY: But, Madam Chair, there's nothing to be rescinded, And this is a discussion that comes up from time to
time, I've talked with Marcia about this, We've certainly talked among staff and I've talked with the County Manager's office
about this as well and Heidi from the County Attorney's Office as well, A couple of points, We did go to the County and we
were asking for this, the authority to prepare, sign and submit our permit, and by motion, second and approval, I think it was a
four to one or a three to .. _ no, I think it was four to one.
CHAIRWOMAN WOMBLE: Four to one,
MR, PETIY: They approved that and gave us that ability, Now, the reason we asked for that is prior to that we were
getting direction from the County Manager's office that only the County could sign, And we were trying to say, well, we had
signed the first ten-year report this same way by asking permission and that we are a division of Collier County. And why all ofa
sudden are we being treated as if we're invisible? We would like the permission to submit nothing more than what we did the frrst
ten years and the second ten year or the five-year continuation of that same concept. And the Collier County Commissioners
listened to it and said, that's fine. It passed by a four to one vote go abead, prepare, sign, and submit. We said, thank you very
much, And by the next County Commission meeting a new group had been brought up and they were approved by ordinance,
We were not. Our permission was simply the Commissioners' delegating authority to staff, which can happen by a simple vote,
An ordinance is a two-step process, There's a first hearing and a second hearing, So ours was not an ordinance, Ours was
direction to staff, And as far as I know, we still have that authority if we are empowered to do the work, We got specific
direction from the County Manager not to do the work, That doesn't mean .., hold on, Hold on, Hold on, That doesn't mean
that the County Commissioners have pulled back their authority should we ever have that responsibility in the future that they may
allow us to prepare, sign and submit. But the County Manager told us not to do that. They have changed the work, Now, there
has been that question, Do we have the power to go forward? Do we have the power to contest the County Manager's direction?
And the answer is absolutely not. We do not, The board can discuss policy that is against any procedure, policy, or
determination by the County Manager, That's true, But any action requiring funding or legal liability or legal power we do not
have to go beyond the County Manager. In this particular case we have a contractor who prepares our permit application, We
must pay this contractor, We have no funds in our name, We must go through Collier County to get our funds, and they have to
sign off on every single requisition that we submit. Should we submit one contrary to the County Manager's direction? I
guarantee you it will not be paid,
DR, RAIA: Who approves the budget, the County Manager or the Board of County Commissioners?
MR, PETIY: It doesn't matter, sir,
DR, RAIA: Who approves and who sets the rates for anything?
MS, CRAVENS: It is in the ordinance,
MR, PETIY: Sir, all the revenues and the budget for Collier County are approved not by the Manager, They're
prepared by the Manager, but they're approved by the Commissioners,
DR. RAIA: Yes,
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MR, PETTY: What's the point?
DR, RAIA: The point is that if we incur an expense as an arm of the Board of the County Commissioners, and that's
what I consider ourselves, and especially since it's our own funded money, that they will be the ones to approve it, not the County
Commissioner, not the County Manager,
MR. PETTY: Let me explain this very clearly,
DR. RAIA: That's what I'm trying to hring out in this ordinance that they",
MR. PETTY: Sir, that's not correct. That's not correct, Number one, it is not Collier County Commissioners who
handle the money. It is the Clerk of Courts who handles the money, Now, the Commissioners handle the policy and the County
Manager implements that policy, And they have access to the money undemeath the Clerk of Courts' procedures and checks as
we are, We must go through the County, As you recall, I told you we are in a three-step process, We must go through the
County's procedure and accounting and budgeting requirements, And then we're hit by the Clerk's requirements as well, Both of
which have stopped our payments and have asked questions and continue to do so, And, sir, I can guarantee you that we have had
obligations that they have refused to pay in the past, refused that we incurred in doing our work. There is no trouble at all with
either one of them stopping payment of anything that they perceive to be outside the policies of either the County Commissioners
or of the Clerk of Courts,
DR. RAIA: We would not want them to pay anything that was outside of our policies and outside of our jurisdiction,
That's not the point. The point I'm making is that in 2006, the care of the mangroves W8. particularly inserted in that ordinance by
the previous chairman of the Pelican Bay Service Division, In that same paragraph it states that we must do everything in our
power to fulfill these obligations and that's just what we're doing, I'm not going contrary to policy, I would agree with that. I
wouldn't want to fund anything that's contrary to policy,
MR, MOFFATT: Can I suggest that when we get the attorney at our next meeting that that question be directed to the
attorney and put this to bed once and for all. Someone does not believe you, John, So let's get a higher authority to tell us what
the answer is.
MR, PETTY: Madsrn Chair, I appreciate the suggestion, We have already gotten the opinion from legal counsel at the
County on this issue, It hasn't resolved the question being raised again, Although] have no trouble with asking it again,
MR, MOFFATT: Was that a written opinion and, if so, can we get a copy of it?
MS, CRA YENS: Can I ask a new question to be asked?
MR. PETTY: If I recall correctly, Madam Chair, that was made by Heidi, And I can't remember if it was on an e-mail
attachment or if it was done vocally, I can't recall,
MR, LEVY: What did she say, John?
MR, PETTY: Basically, that the County Manager was in charge, And if he said stop, we had to stop. If I recall, she
was in the meeting,
MR. IAIZZO: That's what I thought too,
MR. PETTY: So, Madam Chair, I'm not trying to cause any difficulties in this he said/she said nor do I like the idea of
working in a community pulpit where everybody puts on their lawyer's hats, But let me suggest to you that there really are two
options, Either you take the word of County, legal advice from an attomey who we could have at the next meeting, which I think
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16 I 1 A\~ 6.
you already know the answer to, Or, you have to look at are you ready to try and push the envelope and see if we can incur these
fees and push the issue to a different level.
CHAIRWOMAN WOMBLE: However, to incur these fees means it's coming out of everybody's pocket sitting here as
well as everyone else on all those streets out there in this community, Because you know the Collier County Board of
Commissioners is not going to help us.
MR. PETTY: Madsrn Chair, when the chair, Mr. Henning, appears and asks these questions about why you still have a
position, I think he's telling you of a political position, I don't think he's telling you, you have a legal position, And I think that's
where we're getting into trouble, If this board is really considering going outside the direction of the Manager and the apparent
intent of the Commissioners in adopting a new committee and all the commissioners are fully aware that we are not pursuing the
permit, if we are really looking at trying to press the issue by going forward based on that approval in August of preparing,
signing and submitting, I think that may have consequences that we need to talk about before we move,
DR, RAIA: John, I would like Ms, Ashton-Cicko, is it..,
MR, PETTY: Heidi,
DR, RAIA: Heidi to be here, I respect that she did make that statement, but I would like her here and base that
statement that she makes on what we have read in this ordinance, this ordinance substantiates how she arrives at her opinion, and
let her also interpret what's written here.
CHAIRWOMAN WOMBLE: I suspect..,
DR, RAIA: I think that would be helpful.
CHAIRWOMAN WOMBLE: I suspect if we were to request her understanding of the situation and that this has arisen
since April 22nd time and time again, that maybe she could also make the explanation and maybe we can put it to rest. But I
think we need to let her know that we are concemed that everyone understands it and we're all on the same page, That way we
can go forward, but we need everyone to hear another legal person giving us some advice as to what this ordinance or where we
really stand in tenns of this new pennit that we were hoping to apply for, And then we can just go on, Get her to explain what I
believe I saw in some of the e-maiIsIhaveseen.ldidseethat.Soldon~ think she'll have any problem with going back over it
because she's already seen it. So that would be a good issue and it would be a way to make everybody feel more comfortable,
And I think that would be an excellent thing to do, Marcia, would you like to explain something or say something?
MS, CRA YENS: Yes, Just that the County."
CHAIRWOMAN WOMBLE: This poor lady's job is hard enough and so is this one right over here,
MS, CRAVENS: I just want to kind of make a comment here that the County Manager is not a policy maker, The
Commissioners are policy makers, Their policy are indicated by resolutions and ordinances and official decisions that they make
in their chambers, They made an official decision on April 22nd that allowed the Pelican Bay Services Division to prepare, sign,
and submit to the State and federal agencies, That's the way it reads, They approved that April 22nd, The County Manager is not
in a position to interpret that or make a policy decision that is different from what that direction was, And I think we need to
understand that the legal opinion from Heidi is her legal opinion as a County attorney, And there are some ofus who are seeking
independent legal opinion about this same question, The fact that the Collier County Commission created another committee as a
Clam Bay Advisory Committee has not taken that away from us, They have not detennined the scope, There is no actual stated
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ordinance for that new committee, Mr, McAlpin submitted one and it was rejected. It was not approved, That ordinance that Mr,
McAlpin wrote which gave all these indications about the new Clam Bay Advisory Committee dealing with permits and defining
where it was, was rejected in favor of the new advisory committee determining their own scope, So it's not a situation where if
PBSO submits the permit that they are acting contrary to the Board of County Commissioners, They're not. Not at this point. I
don't know what will happen down the road, but at this point, they have not rescinded their April 22nd decision, They have not
created a new advisory committee that seeks to take over what PBSD is doing because it isn't dated yet, And those are just the
points that I wanted to make, We're making assumptions here, We're not basing this on fact. And the County Manager making
his stand that this new Clam Bay Advisory Committee is to take over what PBSO has been doing is also an assumption because
that has not been determined yet. Thank you,
CHAIRWOMAN WOMBLE: Thank you, Mr. Naegele,
MR. NAEGELE: Yes,
CHAIRWOMAN WOMBLE: Did Mr, Henning give you any implications of any suggestions, advice about anything to
do with this permit or Clam Bay?
MR, NAEGELE: Not..,
CHAIRWOMAN WOMBLE: You as a member of the audience,
MR. NAEGELE: .., Just..,
CHAIRWOMAN WOMBLE: He just was remarking on the situation?
MR, NAEGELE: Remarking that one had not been rescinded, It might be better off to go and ask if this one supersedes
the April 22nd, then you ought to rescind the motion that was made then, Because right now you have two visions, You're
working in division, And that's apparently where we find ourselves between the new Clam Bay Advisory Committee and the
April 22nd statement or action by the County Commissioners,
MR. PETTY: Madam Chair, with all due respect to the men's coffee to Marcia Cravens and to everyone in the
audience, I find it remarkable that the Pelican Bay Services Division, which was established by the County Commissioners with
the responsibility of Clam Bay, would go to the men's coffee with information or would go to Marcia Cravens with newfound
information and direction without coming to us, I find that remarkable, My caution is still there, Before we do any action that
would press this issue from a legal format, I think we take a long look. And in bringing in legal counsel, I expect it to be
respected for what it is, and not conditioned upon interpretations like we've heard, I would expect that we show that
professionalism, take that legal presentation, ask relevant questions, and work from the response,
MR, MOFFATT: Perhaps Mr. Henning and Mr, Halas do not get along,
MR, PETTY: I don~ know why,
CHAIR WOMAN WOMBLE: That's a real possibility, You know..,
MR, MOFFATT: We all know the answer to that.
CHAIR WOMAN WOMBLE: Sometimes there are problems among people, yes,
MS, CRAVENS: Could we ask Dwight Brock's opinion on this matter also?
DR. RAIA: I don't know if you want to get caught in this one.
MR, PETTY: Madam Chair, there is no juris prudence, judicial position, overriding checks and balances that Mr, Brock
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November 25. 2008
16/1~1~
has other than being in charge of the money, And him acting as interpreter or our bargaining agent or mediator is something that
may have been decided by two groups as a reasonable issue, but we don't have the option of petitioning Mr. Brock's office for an
opinion, Nor do we want to be seen as aggravating that somewhat open rash between the Clerk of Courts and Collier County
Commissioners that exist today without having some understanding of what's going on,
DR, RAIA: Do you have any idea why the County Commissioners did not rescind that?
MR, PElTY: Again, sir, I take it as direction and approval for staff action was what they gave us, And the second issue
was an ordinance, which is a law, I see them as entirely two different entities, And certainly the ordinance enacted after the
instructions gave new instructions and changes, That's how I see it and I've been in this business for over 20-plus years, That's
how the practice works. That's how it has always worked, If there are any changes otherwise, I would find that to be something
new.
MR, LEVY: John, the ordinance established the Clam Bay Advisory Committee? Is that the ordinance you're speaking
of?
MR. PElTY: The ordinance is where they directed staff to come back with what they recommend, Staff did, They had
a first reading, They had a second reading, They instructed staff to now go out and fill the positions for this advisory group that
was going to handle Clam Bay and all the bigger issues that the County wished to look at in Clam Bay, which includes this
expansion in size, and look at flora and fauna conditions as well, And they put out their standard policy advertisement for
participants in an advisory committee. And the advisory committee was going to report directly to the County Commissioners
versus the CAC and then to the County Administrator,
DR. RAIA: There's no conflict, John, between that pennit and this overriding committee, I mean, this is the point that's
not quite clear that if they felt it would be a redundancy, I should suspect it's incumbent on them to have rescinded it. It ahnost
seems like they're dangling that out there to challenge us to see what we're going to do with it.
CHAIRWOMAN WOMBLE: I can't agree with that, Ted,
DR, RAIA: Well, I didn't ask you to agree with it.
CHAIRWOMAN WOMBLE: No, I know, However, I find you delightful and a lot of your things are just really
incredibly well-researched and thought out, but in this case I was sitting right there, And I was watching the byplay among the
Commissioners during that particular meeting, and I believe that Mr. Henning was uncomfortable with it not being rescinded, and
I think that Mr, PettY's comments about what an ordinance is and what you can do and what you can~ do and whether or not that
was an ordinance, since it was a direction, makes a big difference, And I think Mr, Henning may not have understood, Am I on
the right track here, Mr, PettY?
MR, PElTY: I think Mr, Henning does understand, but I don't know what the issues are amongst the Commissioners or
why there would be a message given to the men's coffee for actions that would not have been communicated to PBSD, I mean,
we have sent emissaries to talk to the Commissioners to find out how this happened because we were more than a little bit
shocked that it had been moved,
MR, MOFFATT: Perhaps it's gasoline on the fire,
DR, RAIA: But the fact remains we do have a budget for Tim Hall for the next year, but",
CHAIRWOMAN WOMBLE: Mr, Naegele..,
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1611 *\tt~
DR. RAIA: '" whether it's for this permit or not, you know, I think he's going to be paid to monitor the mangroves and I
feel some relief that we have carried out that responsibility, Unless the County comes in and directs us that they don't consider the
services are needed anymore, that would be definitely the last sttaw,
MR, NAEGELE: I didn~ mean to put words in Commissioner Henning's mouth, but he did mention the two separate
actions, And the other thing he said one was not rescinded, Now, that doesn't put an editorial statement out one way or the other.
He was just stating the facts, And, John, you would confirm that, wouldn't you?
MR. PETTY: Yes, sir. I would, I don't know what his intentions were other than to say, I think he may have been
hying to tell the men at Pelican Bay at the meeting that the County Commissioners had approved such an act at a prior meeting,
and that the later act of Clam Bay may not have been or he does not wish it to be viewed as a political negative amongst the
residents of Pelican Bay, That could have been the simple message, But if there was a directive, such as, you have this option
available to you, I must again say I find it remarkable that we did not get that direction to us who have been in contact with
County staff when we have sent emissaties to talk with the County Commissioners that we have not heard that. So I find it odd
that after this long relationship of 18 years that he knows best and he's only been on one date,
MR, IAIZZO: Well, can I comment on that? I was at that meeting this morning too, And Mr, Henning said, our
petition or request for continuation of a five-year permit was never denied, but it was never approved also, So it really fell flat.
And I don't know if we should run with that saying we've never denied, Does that mean it's possible that it can be approved? I
don~ know,
CHAIR WOMAN WOMBLE: Have you gotten any sense from the people who have gone and talked to the different
Commissioners as to whether or not it would be appropriate for someone to go and say to them as a board, we would like to know
if it's possible for us to go on further with this because we are seeing that the committee is going to have some time getting their
agenda together and this needs to be clatified and five years would be nothing much in the life of mangroves?
MR, PETTY: Nothing much, absolutely,
CHAIR WOMAN WOMBLE: And, gee, we're here with our hat in our hand,
MR, PETTY: I don't know that I can give you any hope there, Mr, Burke talked to them as our liaison, Spaniard talked
to them as a past liaison, I believe, Our chairman, Coleman Connell, went down there and talked to them, John Domenie went
down there and talked to them, Dr. Raia went down and talked to them, and Dr, Raia is the only one that survived,
CHAIRWOMAN WOMBLE: I noticed that we don't see anyone else here,
MR, PETTY: No, Everyone else was so disenfranchised that they're no longer here,
CHAIR WOMAN WOMBLE: I knew you were special.
MR, PETTY: Tougher than most. So I don't know that sending them a letter will do us any good. I think the step of
reaffirming that legal position, make sure that there's no misunderstanding is a correct one, Irs following due diligence, but I
wouldn't start talking about any legal actions outside of that reference work at this time, And I'll stop there, Madam Chair,
CHAIRWOMAN WOMBLE: Good thinking, Okay, I think we've beaten that one to death, Marcia.
MS, CRAVENS: Just one last comment.
CHAIRWOMAN WOMBLE: Loud,
MS, CRA YENS: One last comment here is that you're hying to say the motion that approved PBSD to prepare, sign,
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1611 A-I~b
and submit the five-year management plan to the state and federal agencies is apples and oranges to the new Clam Bay Advisory
Committee, What I'd say is if you want to compare apples to apples, let's compare the new Clam Bay Advisory Committee
ordinance against the ordinance for the MSTBU, That would be more of a comparison of apples to apples, That might be one
reason that we're here today looking at our ordinance is because potentially there is a conflict between those two ordinances, And
I think we need to understand that a little better.
CHAIR WOMAN WOMBLE: At least potentially, but as you brought up earlier we're assuming",
MS, CRAVENS: Right. Exactly,
CHAIRWOMAN WOMBLE: .., and the assumption can't be put out on the board yet until we have a fact. Okay,
Jerry,
MR, MOFFATT: I'm just wondering if we're going to get to Item 4 on the agenda,
SERVICE IMPROVEMENTS THROUGH ORDINANCE
CHAIRWOMAN WOMBLE: I think by November 27th we will be there, Okay, Actually, we've touched on that to
some degree, And, Ted, that was your agenda item, Do you have something, service improvements through ordinance on water
management, beautification, and street lighting, Actually, we have talked about quite a bit of it.
MR, PETTY: Madam Chair, if I could set the stage for this, Your administrator and staff are not very happy with the
way the water management permit review process is currently going.
CHAIRWOMAN WOMBLE: Neither is your chair.
MR PETTY: We don't think that anybody is out there intentionally giving us any trouble. We think that the process
over time has just evolved to one where we're no longer confident that we're protecting the interest of Pelican Bay, Now, that
being said, this last review process was basically decided by South Florida Water Management District who is in control of the
permit process when it comes to drainage. Now, Dr. Raia and I and several other members of staff went out and talked with
representatives of South Florida who readily admitted that their review",
CHAIRWOMAN WOMBLE: Was this Mr. Foley?
MR, PETTY : Yes,
CHAIRWOMAN WOMBLE: Okay,
MR, PETTY: .., did not go down to the level of our special conditions of our permit which he guaranteed us South
Florida would hold Pelican Bay to sbould there ever be a problem in the future, So we asked then shouldn~ we be a part of the
process, And he agreed that that was the policy of South Florida and then recommended we monitor a website, I told him he may
have the best website I've ever seen, but I'd prefer an e-mail notification that somebody had applied for a modification or that he
would call, He said they don't currently have a policy for that.
CHAIRWOMAN WOMBLE: Do they know how to use United States mail where you have to register a letter?
MR, PETTY: They are in a political position where their attorneys have advised them not to do so nor to agree to doing
so and to always state that South Florida is the sole entity that may allow a modification of a permit or who may give a permit,
Although thafs not the argument, that's the constant referral back that we've gotten, The other issue, of course, that we have is
that Collier County is the holder of the permit. It is in their name since they absorbed all the PBID and its responsibilities, And
they put that responsibility of managing the water management system on PBSD, In this case they believe that all actions were
23
Ordinance Review Committee Meeting
November 25. 2008
161 I 41'1~
handled appropriately, And I don't say that it was handled improperly, What [ do have is this to tell you, We have been honoring
not only this application for permit modification, but several others including this very building that we're in, which have applied
for a modification to the South Florida Water Management Permit where they asked for an increased impervious allocation above
and beyond what their site is supposed to get by average, Now, there is a process where you can give them more than that
because you're dealing with an average here as long as you average the right amount. But what you have to keep in mind is
overall in this Water Management System 3, the third system in Pelican Bay, and we have six or seven""
CHAIRWOMAN WOMBLE: Seven,
MR, PETTY: .., seven counting the Strand, is that each one has its own criteria and its own amount of pervious and
impervious, In this particular one we're doing an audit now with Wilson Miller, since they have most of our old records, and
we're trying to tighten that up, but even now we're looking at it. And when they looked at it as a system in total and they say, well,
your impervious, as in the last application is at 52 percent or on this site where ifs at 61 percent, does the system have any extra
pervious to give you to cover your new asphalt's problem, If so, South Florida will allow the permit because their rules allow
them to, We're looking at it from that position that says, well, where did they get the extra pervious from, In this case we don~
know. For this entity to get extra pervious, did it come from the commercial area? Did it come from one ofthe developments in
between here and the coast? If so, when they ask for their new tennis court or their clubhouse or the two extra handicap spaces,
we may not be able to give it to them because we've already used it up, Currently, our draft inventory for System 3 shows that
System I is capped out. I mean, excuse me, a single family, which is group Type I is capped out. Nobody can come to us and ask
for another ten-foot garage partition, sidewalk, we don't have anymore impervious land to allow, They're capped. Nobody can put
in another piece of concrete, single fumily, In Group 2, we're capped. Nobody can put in another piece of concrete, And [
guarantee you there are entities out there who said, wait a minute, [ know I have it on my property because I did not pave over as
much as I could have. The issue here is somebody else took it, and South Florida has allowed it. This goes to why we'd like to
talk to you through the ordinance process about how we could do a better stewardship, how we could bring better services to
Pelican Bay and the residents thereof. We think that while South Florida handled this process correctly and that Collier County
handled its process correctly, by keeping us out of the loop, we weren't able to handle Pelican Bay's issues correctly, So we'd like
to work with you all in this process to not only handle the water management system, but also the beautification process and street
lighting as well through ordinance review or any look at evolution of the Pelican Bay Services Division, I hope that sets the stage
without going too far,
CHAIRWOMAN WOMBLE: So it's possible that sometime in the future there could be a development that wants a
swimming pool or a tennis court, [ already know now that renovations at my house are now going to be a problem. [can't believe
this, but anyway there's a story here and I'll tell you-all later; but, so who gets to be the bad guy and tell these people that it was
given away?
MR, PETTY: I vote for South Florida,
CHAIRWOMAN WOMBLE: [think so,
MR, PETTY: Mr, Foley in particular is a nice enough young man who has a lot of energy,
CHAIR WOMAN WOMBLE: He's young enough, He can take it.
MR, PETTY: And if not, I think he's quick enough to get a good running start.
24
Ordinance Review Committee Meeting
November 25. 2008
16/114-l'+6
CHAIRWOMAN WOMBLE: Did they realize the implications of what they've done? Do they understand it?
MR. PETTY: Dr, Raia, did you get the impression they understood completely?
DR, RAIA: They really don't. And it really is very confusing and I don't know if we'll ever get to the bottom of it, but
too much water has gone over the dam at this point because we lost track of the submissions.
MR, PETTY: In the '90s?
DR. RAIA: End of the '90s someplace, They just stopped so many. And, actually, I don't know what study the South
Florida Water Management District did with this particular permit because we're really granted on the grounds that a previous
permit had been issued for this same property, And this particular plan is 0,66 acres less than the previous plan, If that plan was
approved and this is less impervious, therefore, this should automatically be approved, but '!OW as far as I know no real study was
done at this time, Now, maybe some study was done back in 2001 with the first submission of the Cap d'Antibes, but that would
have 86 percent impervious when it should have been 46 percent impervious, and we'll never know because those plans were
never submitted to the Pelican Bay Service Division for review, and thatls it.
CHAIRWOMAN WOMBLE: I suspect it was done back when we found the problem with some other issues. I won't
go there, Jerry,
MR. MOFFATT: I was just going to ask what the practical implications are of South Florida not approving a permit,
our permit.
MR, PETTY: It's a very good question, The day-to-day, nothing's going to change and you shouldn~ expect any change
until something bad happens, whether it be nutrient loadings increase in Clam Bay, And as we all know, that has been a topic
that's been thrown out there, We know ifs not 1rue, but it's been a topic that's been thrown out there, Should there be a nutrient or
pollutant that enters the bay through our storm water system, that's the time that the impact of all this would be felt by the Pelican
Bay residents, I doubt very seriously that Collier County will open its general-fund purse to cover the cost of such an adventure,
I doubt very seriously if South Florida will open up its purse strings with its billions of dollars to answer the question, And we've
got direction from Mr, Foley that if the application from the engineer from any site has not done his homework or has missed a
step or even if the facility did everything it was supposed to do, but still produces a nutrient discharge, that they will hold that
landowner to task, [find that surprising since they've never done that before, They're going to go to the Permittee of Pelican Bay,
which is PBSD and Collier County, And they're going to say, we've heard a report that your nutrient loadings or one of our
samples is going to come in above the normal and there's going to be action by South Florida for correction, And then we're
going to be stuck with the onus of trying to prove that it was a particular landowner. Extremely difficult to do, So, in effect, sir,
there's nothing that I'm worried about happening tomorrow, It is the long-term that concerns me on addressing the continuation of
not only the issue with South Florida telling us to correct a problem that may cost you residents money, but also the issue of a
sand point coming to us and saying we want to put in our clubhouse and three parking spaces and we know we have room to do it
on our site and we say, sorry, you can't because we used it down the street. I really don't want to put PBSD and the residents of
Pelican Bay as fighting one another in that regard, So in talking with staff and with Dr, Raia, who was helpful in working with
South Florida, I think that's definitely something we'd like the Ordinance Review Committee to look at. Is there a way for us to
improve that position through a change in the ordinance?
MR. MOFFATT: What's the implication of the asphalt going down on this parking lot out there?
25
Ordinance Review Committee Meeting
November 25. 2008
16 , 1 It- Pit?
MR, PETTY: The exact same because the community center also exceeded and they needed what we call
"modification" to the Pelican Bay permit. The Pelican Bay permit says X, If you're going to do Y, you've got to get a
modification, They ask for a modification based on pervious availability on parcels away from this site, Now, if you look at it in
a total acreage basis without knowing the names of the owners, yes, but those owners believe that they have rights on their
property to that impervious allocation, So that they can do a home modification or a parking space, et cetera, I believe that they
think they do, I know I would,
MR, MOFFATT: Does the Foundation need a permit to pave this parking lot right now?
MR, PETTY: Oh, absolutely, And they came to the district and asked us for our opinion and we did review and saw it
was a modification. We did look at and we asked our engineers, did we have pervious in abundance in the system, This is
System 4, And it was believed that we did without taking from another landowner, And then we instructed the engineer of record
to go directly to South Florida for this issue because we hadn't resolved the process of Pelican Bay Services Division review
versus South Florida naming the review, So we told the Foundation to follow the existing pattern while we worked on
modification,
MR, MOFFATT: So until the modification is issued, there is no asphalt going down?
MR, PETTY: The modification was issued, They were given the permit. As a matter of filet, they then turned out to
need a sidewalk of a lousy 200 or 160 square feet, just a sidewalk going from here to the parking lot, and that would require
modification of the permit as well. They hadn't asked for a little bit extra in their first permit modification, So the sidewalk gave
them a little bit oftruuble,
MR. MOFFATT: It might be easier to beg for forgiveness after you've done it.
MR, PETTY: If there was a way to save a buck, I'd do it,
CHAIRWOMAN WOMBLE: Okay. Let's move on to beautification,
MR, PETTY: Madam Chair, I think it's the same thing as water management and streetlights the same as that. Ifwe can
increase our service level efficiencies, if we can make it more responsible to the people of Pelican Bay, that's exactly why we
should look at the ordinance, And one of the reasons I recommended Mr, Levy is because all of these will probably have budget
implications and the man's good with a buck on the budget committee,
OPERATION AND RESPONSIBILITY OF OUR WATER MANAGEMENT SYSTEM
CHAIRWOMAN WOMBLE: Okay, All right. Well, we're on the same track then and we're hack to operation and
responsibility. Do we have any movement toward a way of increasing our service? What can we do?
MR, PETTY: Madam Chair, I don~ know that we have anything to bring before you at today's meeting although it is
something that the committee will consider. We would like to come to talk to you at later meetings, Weare still expecting to
hear back from Mr. Foley on what their position is in the future, And I think the discussion today has been very helpful in
analyzing what are our current capabilities and what are those of any evolved form of local govemment. So I think we're on the
right track and we can continue this at future meetings,
CHAIRWOMAN WOMBLE: Okay, Ted, did you want to add anything?
DR. RAIA: Well, in this Section 13 where the Board of County Commissioners can dissolve, merge, or otherwise
change.. ,
26
Ordinance Review Committee Meeting
November 25. 2008
16 I l-A--l4b
MR. PETTY: The duty?
DR. RAIA: ",the duties of Pelican Bay Service, MSTBU, it might be nice that we would have the same prerogative to
be able to dissolve and change and merge rather than have it look like it's just a one-way proposition. Keep the wording the same
then we should cooperate with one another depending whoever wants to make that move, Just another suggestion,
MR. IAIZZO: How should it be worded?
DR, RAIA: Excuse me?
MR. IAIZZO: How should it be worded as the foundation?
MR, PETTY: Madam Chair, I think that's a good question on what the future wording should be, but I don't know that
we should try and figure that out at today's meeting,
DR. RAIA: Just ideas now,
MR, PETTY: But the concept is very straightforward and addresses quite a few issues, which is, we would like to have
a policy for addressing any shortcomings either that they perceive or we perceive.
CHAIRWOMAN WOMBLE: I think that's an excellent idea. I would like to ask if anyone has anything further? Jerry,
MR. MOFFATT: Mr. Petry just referred to potential budget implications, any modifications of the ordinance, from a
timing standpoint, do you see the ordinance being amended in time for the 2010 budget or are we looking a year further out?
CHAIRWOMAN WOMBLE: That is an excellent question,
MR, PETTY: Madam Chair, I hadn~ really given it a whole lot of thought, but shooting from the hip I would say that
there could be minor modifications that maybe considered time crucial, possibly that could be implemented before we consider
the next budget. But in real terms we are probably going to be looking at changes after adoption of the budget, which can also be
considered as long as the impact is within our capabilities, Remember, that we can do a budget modification midyear, There's a
process we would have to go through for that. It just has to be within our capabilities of our financial structuring, And so I think
we can work this together, but I think it's a good point that we should try and dovetail as much as possible, And if this committee
believes that there is something that is time sensitive then we focus on that for the next few meetings. Currently, what you have
on your agenda that I've been involved with I don~ believe that it's time sensitive,
CHAIRWOMAN WOMBLE: It doesn't look like it to me, Kyle, are you aware of anything that we need to be
budgeting for that we haven~ discussed or maybe not know about because it just hit you in the face in the last 24 hours?
MR, LUKASZ: Not related as far as the ordinance, We get in the budget process as far as any capital items, but that
would be part of the budget process.
CHAIRWOMAN WOMBLE: Okay, All right.
MR, MOFFATT: Can I ask another question?
CHAIRWOMAN WOMBLE: Certainly,
MR, MOFFATT: I've heard a lot of discussion at other organization meetings within Pelican Bay about the importance
of dealing with redevelopment within Pelican Bay, Quite frankly, I'm not sure what's meant by that. I can see tearing down a
house here, which I've seen done, and new house built. That doesn't seem to me to be a major issue, Others have suggested that
someone's got to buy a two-story condominium association and put up high-rise buildings, Is that anything that comes under our
ordinance?
27
Ordinance Review Committee Meeting
November 25, 2008
16 I 1 Itl Ltb
CHAIRWOMAN WOMBLE: Sure, Because we have to have the right percentage of impervious and pervious and
they'd have to submit to us, Am I correct?
MR IAIZZO: If it changes, sure,
MR, PETTY: We would like them to, Madam Chair.
CHAIRWOMAN WOMBLE: I'll go personally talk to them,
MR, PETTY: The issue of would it come before the ordinance committee, , ,
CHAIRWOMAN WOMBLE: No, before the board,
DR. RAIA: If it's a zoning issue, it will definitely not come before us, We have nothing to do with zoning, It would
only be water management is our only way to address it. And it's perfectly legal to build high-rise buildings west of Pelican Bay
Boulevard and the Creighton Road extension, So if any of the development south of Gulf Park Drive was to be purchased for any
reason whatsoever and that's where you have a lot of these two story they could be raised and high-rise buildings pnt there, They
will definitely meet the POO, It would be the land development code. It would meet everything, The Foundation, however, may
have a say if by then they become the declarant of the deeds that are held, The deeds, at least some of the deeds, have verbiage
very similar to the PUD as far as setbacks, The problem right now, we no longer have any setback restrictions in Pelican Bay,
You can build a high-rise as close to it, Legally, the old Cap d'Antibes could be built. The County said it was okay to build it,
The only reason why it's not built is because of a violation of the covenants and that would be administered by the Foundation,
And we'd have to see if there are similar covenants in other places, That would be the only restriction on the buildings and its
tenants.
MR, PETIY: Madam Chair, if I could just sununarize and say PBSD's responsibilities are exactly as quoted, It is
outside of our scope. We do not get involved in planning and zoning, We have a water management system that we operate and
maintain and meet the criteria, We don't even look at the name. We stamp it approved, It's an quasi-judicial staff review and
engineering review, If the numbers work, they get stamped, It isn~ whether you like it or not. Whether you think ifs appropriate
or not. If they meet the criteria, in they go, It is quite possible that Pelican Bay units which were under developed, i,e" they were
approved for Group 4 and only Group 3 went in, the Garden Apartments went in versus the high-rise, that they could go vertical
without increasing their impervious amount to much more. Because you can have garages underneath, of course, and all that. So
ifs possible to go straight up without hurting the pervious/impervious. So would that come before us in the future? Would this
group look at it? Probably not, other than what was just told to you, water management. And, again, that's straightforward stuff
though,
CHAIRWOMAN WOMBLE: And I agree with that, but the strategic planning committee chair that you've been sitting
in on is obviously looking into that. And I think the Foundation is going to have far greater say about how things look, how they're
constructed, what they appear on the inside as well as the outside, And I think that that's going to go into effect as soon as things
start coming together with the survey and everything is compiled and put together. I believe that's going to be one of the first
issues attacked, and I think the Foundation will have a far greater say, So, but that's a good question, Anybody else? (No
response,)
CHAIRWOMAN WOMBEL: All right. Let's have a motion that this committee meeting be adjoumed,
28
Ordinance Review Committee Meeting
November 25. 2008
16' 1 ft{~t,
Dr. Ted Raia moved to adjourn the Meeting, seconded by Mr. Mike
Levy. Motion was unanimously approved.
There being no further business the meeting was adjourned by order of the Chair at 310 p.m.
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC" BY CAROLYN J, FORD,
RPR, FPR AND FORMATTED BY MARY MCCAUGHTRY, RECORDING SECRETARY, PELICAN BAY SERVICES
DIVISION,
29
....-: Ct=.\\tt::.D COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMIT~S ~o;;;:;//
'K'c. ~ AGE N D A Henning <
, }~~ 1 ~ '2! "" Coyle v
Date co<l'fl'efI'fJary 2nd, 2009 at 9:30 A.M. Coletta +7
0.'0 b.tiC\\ffi~n, Collier County Community Development Services Building, 2800 N. Horseshoe Dr, Ni'eZ FL,
" Conference Room # 609 t 610 0 I 1 A-
NOTICE: PERSONS WISHING TO SPEAK AT THE MEETING NEED TO COMPLETE A "REQUEST I ~
TO SPEAK" FORM. SPEAKERS MAY BE LIMITED TO THREE (3) MINUTES FOR DISCUSSION
UNLESS ADDITIONAL TIME IS GRANTED BY THE COMMITTEE.
ALL PARTIES PARTICIPATING IN THE PUBLIC MEETING NEED TO SPEAK ONE AT A TIME AND
STATE THEIR FULL NAME AND COMPANY THEY REPRESENT, IF APPLICABLE, SO THAT THE
COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD
OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
PLEASE ENSURE ALL PAGERS AND CELL PHONES ARE OFF OR IN A QUIET POSITION.
I. Call Meeting to Order
II. Attendance
m, Approval of Agenda
IV. Approval of Minutes - 1-05-09
V, New Business
A. New Applications
I. EZ Journey, Inc,
2. Gennaro Cangiano
3, Advanced Quality Transport
4, Pelican Shuttle, Inc,
VI. Old Business
Staff Comments
VII. Public Comment
vm. Next Meeting Date
IX, Adjournment
MISC. Corres:
Date 03~
rtem#jJ~ujl)d.IS
RECEIVED
FEB 0 9 2009
Fiala
Halas
Henning'
Coyle
Coletta =~
16 I 1 A-(b
ber 22, 2008
.,(.d((l of County Commissioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
WATER AND W ASTE/W ATER AUTHORITY
Naples, Florida, September 22, 2008
LET IT BE REMEMBERED, that the Collier County Water and
Waste/Water Authority in and for the County of Collier, having conducted
business herein, met on this date at 2:00 P.M, in REGULAR SESSION in
Room 610 at the Community Development and Environmental Services
Building, 2800 N, Ilorscshoe Dr., Naples, Florida, with the following
members present:
CHAIRMAN: Jack Markel
Dr. Fay Biles
Lowell Lam
Jerry Morgan
ALSO PRESENT: Jamie French, Executive Director, CCWWA
Kcn Kovensky, Senior Accountant, CDES
Steve Williams, Assist<mt County Attorney
Misc. COIIeS:
Date: 03 D D
item#\lQILt [10
.,:..piesto
16 I 1 Mep
September 22, 2008
1. Call to Order- (Determination of Quorum) and Roll Call
Chairman Markel called the meeting to order at 2:00 P,M,
Roll call was taken and a quorum was established,
II. Approval of Minutcs - Meeting of August 25, 2008
Dr. Biles moved to approve the minutes of August 2S, 1008, Second by Mr.
lHorgan. Carried unonimously 4-0.
III. Items Requiring Action by Authority
A. Ave Maria Utility Company, LLLP 2008 Price Indcx
Jamie Frcnch, Executive Director of the Collier County Water and
WastelWater Authority (CCWWA) introduced a Memorandum (Pagc 5 of
thl' Packct) - Subject "Anthority Agenda Item - September 11, 2008, 1008
Price Index Application -, A ve ,Haria Utility Company, LLLP" dated
Septemhcr 15,2008.
lie read the following Recommendation from thc Memorandum into the
record: "nUlt the AlIthori~v adopts the attached Final Order No. 2008-06,
adjusting the water ami wastewater rates of Ave Jlaria Utility Company,
LLLP (4,MU) hy app~ving the 1008 Price Index factor to tlte allowable 2007
operatio/l and mailltenance expenses. "
The application was reeei ved on September 10, 2008 and Staff was not
satislied with the increasing costs regarding Operations and Maintenance and
returned it to the Applicant for explanation,
The Applicant updated their lUl11ual financial figures which previously included
some accounting errors and re-submitted the ligures,
The requested increase would add approximately $2.33 a month fi:Jf water use
and $3,37 a month fl)f wastewater use to the average user's bill.
A discussion ensued on how the 2,39';1" 2008 Price Index Factor results in a
7.62~/o increase for water service and a 7,800/0 for wastewater service.
Jamic Frcnch nokd the 2,39% figure is an Indexing Figure and the worksheet
for the calculation is provided on page 32 of the packet.
Chairman Markcl requested clarilication on Page 64 of the paekct;
specifIcally what constituted "Other water and wastewater" (item 1. Schedule
No.1 ii and iii,) and whether or not these were determined by Staff to be "pass
through" items.
The answer was provided on page 9 ofthe packet in a Ictter fTom Kyle Kemper
of Rose, Sundstrom & Bentley, LLP to James French dated September 10,
2008, They were determined to be "pass through costs,"
Chairm.tn Markel noted on Page 69, #5 of the packet in 2007 the company
lost $150,000 worth of cquipmcnt due to a power surge which was recovered
2
16/1 A-t(P
Septembcr 22,2008
from insurance proceeds in 2008 and asked why this was addressed in thc lctter
if it was recovered by the applicant via their insurance,
Staff had questioncd a numbcr ofitcms in the original annual rcpOlt provided
by the Utility and the response was provided to clear up the disparity of
operating expenses between 2007 and 2008,
Mr. Morgan requested clarification if construction watcr is "mctered,"
David Gensen of Ave Marie Vtility Company stated the constmction water is
metered as potable water and charged at a highcr rate to promote conservation,
On a related note. the Concrete Batch Plant utilizes their own well water.
Speaker
Marielena Montesino-Stuart, 4431 Kentucky Way, Ave Maria, Residential
Utility Customer
She rcportcd many of the residents are working lower and middle class
Emlilies with limited income. She is conccrncd that at this point there were to
be 2500 homes (with a build out of approximately 11,000 homes) and there arc
only approximately 200 homeowners, In her opinion, the Utility Company is
"supporting" the Univcrsity by a transfer of revenuc, She fecls the developcrs
are trying to recover their investment at the expense of200 (amilies, There arc
many amenities and services that were promised, however have not been
provided at this point (grocery stores, etc.).
She admitted the rate increase request is within the legal rights of the applicant,
but requested the Authority consider reducing the increase request (down to
4,5% 5,5%),
She noted Mr. Monaghan (eo-fllUnder) has not communicated with the
residents since the signing of the contracts for homes, She is the only one
present today to address this issue because most residents are employed by the
University (she is not) and are afraid to speak out.
Mr. Lam noted the Authority is sympathetic to these concerns; however, this
application is for a rate increase request. lIe requested clarilieation from Jamie
French if the Authority is obligated undcr the Ordinance to review the
applications and ifthe figures are valid, take action for approval. He
recommended othcr issues raised be addressed at any necessary venues,
.Jamie French noted the Authority previously approved the 2008 Price Index
based on legal sufficiency per the Ordinance, lie cautioned the comments by
Applicants and Public Speakers in this venue are not sworn tcstimony,
Based on thc Ordinance, the Applicant has a right to come forward and ask for
the increase, If the Authority linds that the information provided is suflieienL
the Authority should take action, The Authority has previously approved other
\)tility reqltests for inercases,
MarieleOll Montesino-Stuart noted shc is under the impression recent water
quality tests have found "toxins" in the water.
3
16 / 1 kllp
September 22, 2008
It was noted the Authority deals with "rates", the Florida Depmtment of
Environmental Conservation and other Agencies address "water quality"
Issues.
David Gcnsen, Avc Marie Utility Company stated the Utility is oWlled by
Ave Marie Development with no affiliation to the University, There is nothing
implied or written that the Utility is built to funnel money back into the
University. The Developer has felt the dO\\11tum in the economy mld has
invested millions of dollars in the Community and does not intend to walk
away Ii-om their obligations, The Utility operation is currently losing
approximately $400,000 annually and the increase would not make the Utility
profitable at this point. The average bills are only $4 a mcnth higher than
Collier County Public Utilities, Currently no money goes to tbe University
trom the \ Ttility Company,
,Iamie Frcneh stated he appreciates the public t'eedback and requests more, but
thcre is nothing in the reports indicating money being invcstcd in the
University by the Utility Company,
'}fr. /',forgan moved to approve tire rate increase request to 7.62% (for water)
and 7.80% (for wastewater). Second by Mr. Lam. Carried unanimously 4-0.
Break 3:00PM
Re-Convene 3,05Nvf
IV. Staff Discnssion -None
A. FGUA Ratc Increasc
,Jamic Frcnch introduced a Memorandum (Page 71 of the Packet)-
Subject: "Florida Govemmental Utility Authority (FGUA) - Golden Gate
Utility" datcd Scptcmbcr 12,2008.
. The Collier Water and Sewer District cntered into an inter-local
Agreement with the FGUA which identiiied the CCWWA Stat'fas a
consumer liaison to the Community ("watchdog,")
. FGUA is required to notify the CCWWA within 60 days of the request
of any rate increase.
. In error, the FGUA - Golden Gate Utility failed to notify the Authority
for a rate increase request heard on September 17,2008.
. In lieu of the error thcy have moved the cHective date to November 1,
2008,
. The County Manager's Office requested the item appear before the
Authority and regulatory Staff to allow all FGUA customers to provide
t'eedbaek
He provided an overview on the status of Golden Gate Utilities and noted there
is sumciency behind the rate increase request.
There were no speakers present to address the increase,
4
16 I 1 Allo
September 22. 2008
Barbara Kirby, Community Representative for FGUA Golden Gate
Utilities addressed the Authority noting the FOUA appreciated the venue for
public comment and is available to address any issues as requested by the
Authority.
B. Budget FY 2009
.Jamie }<'reneh introduced a Memorandum (l>age 123 of the Packet) -
Subject: "Authority Agendllltem; September 22, 2008 FY 2009" dated
September 17,2008.
. Provided an overview on the status of the current ,md future
budgets.
. Staff planned li)r an increase to the regulatory assessment fce in FY
2009 [rolll 2'Yo to 3%,
. Has been approved by the Board of County Commissioners (BCC)
. Authority could express objections or take an action which he
would report to the BCe.
The Autbority noted they had previously discussed this and had no objections
(to thc I % increase in the regulatory assessment fee li)r FY 2009,)
IV. Open to the Public
None,
VI. Authority Member Discussion
None,
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 3:40 PM.
COLLIER COUNTY W ATERfWASTEW A TER
AUTHORITY
~ 7", /)
"., / i.. 1;, . ')
(:;"~...L . vt2<--~4..) th. 27
Chairman /"
These minutes were approved by the Board/Committee ()nl!~,~io.t,as
presented~,/", or as amended
5