Agenda 09/22/2015 Item #16A 1 9/22/2015 12.A.
EXECUTIVE SUMMARY
The Annual Performance Appraisal for the County Attorney
OBJECTIVE: To complete the performance appraisal of the County Attorney.
CONSIDERATIONS: The County Attorney reports directly to the Board of County
Commissioners. In order to ensure that the County Attorney Office work performance is
coordinated with the direction of the full Board, an annual appraisal and merit consideration are
provided in the County Attorney Employment Agreement. The Agreement provides in relevant
part as follows:
"Section 8: Performance Evaluation
The Employer shall review and evaluate the performance of the Employee in accordance
with the performance-based merit system as provided in Section 7. Written evaluations based on
said performance system will be provided by each County Commissioner to Employee prior to
September 1, 2009, and prior to each September 1st thereafter for the term of this Agreement. A
summary of all evaluations will be prepared by the Board Chair for the Board and Employee
including the recommended merit wage adjustment. A merit system wage adjustment will take
effect on October 1, 2009 and each October 1st thereafter for the term of this Agreement. An
updated performance merit system for Employee will be developed in good faith between the
Board of County Commissioners and Employee and adopted by the Board prior to October 1st of
each fiscal year for implementation in the next fiscal year."
Section 7 provides in relevant part as follows:
"Section 7: Salary
B. Employer and Employee shall negotiate in good faith to establish, within one
hundred and twenty (120) days after execution of this Agreement. a performance based merit
system through which the Employee shall be eligible for a merit adjustment upon the successful
completion of measurable goals and objectives to be completed or attained by the Employee
during the 2009 fiscal year and each fiscal year thereafter during the term of this Agreement.
Such annual performance based merit adjustment shall not exceed a maximum of ten percent
(10%) of the Employee's annual base salary. The minimum increase for satisfactory
performance under such performance based merit system will equal the average percentage
salary adjustment provided to all County employees for the given fiscal year or three percent
(3%) whichever is greater. All such merit adjustments shall be included in the Employee's base
salary."
The annual work plan (Action plan) was previously developed with the Board. The County
Attorney has been available to meet individually with commissioners and has provided a self-
appraisal relating to the performance standards for review. A copy of the Performance Appraisals
Packet Page -416-
9/22/2015 12.A.
conducted by each Commissioner is included in the back-up, together with a Summary of all the
evaluations.
As in past years, the County Attorney waives any merit adjustment.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
RECOMMENDATION: The Board of County Commissioners completes the annual
performance appraisal process for the County Attorney.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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9/22/2015 12.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.12.A.
Item Summary: The Annual Performance Appraisal for the County Attorney.
Meeting Date: 9/22/2015
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
9/16/2015 11:18:43 AM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
9/16/2015 11:18:45 AM
Approved By
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 9/16/2015 12:10:40 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/16/2015 4:22:56 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/1 6/2015 4:26:56 PM
Packet Page -418-
9/22/2015 12.A.
FY 2014 / 2015 Action Plan
Jeffrey A. Klatzkow, County Attorney
The County Attorney is charged with the responsibility of planning, directing and reviewing the
activities and operations of the Office of the County Attorney. The County Attorney is the legal
advisor and counsel for the Board of County Commissioners, its advisory boards and advisory
committees. The County Attorney also provides legal counsel to and assists the County Manager
and his agencies in order to facilitate the goals and objectives established for the County
Manager by the Board of County Commissioners.
The County Attorney, through the assistant county attorneys and supporting staff, represents the
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard, the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents and
other Board signatory documents.
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. By custom, this
performance has been measured against performance objectives set forth in that year's annual
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are
then totaled and averaged to determine the Board's collective position.
The following is the County Attorney's Action Plan for the 2014-2015 Fiscal Year. The Action
Plan is based on the broad areas generally expected to be performed by the Managing Partner of
a significant law firm, including: legal advice; leadership and organizational direction;
communications; fi scal management; and personnel management.
Page 1 of 10
Packet Page -419-
9/22/2015 12.A.
Tim Nance — District#5
Goals for Fiscal Year 2014-15:
I will continue to initiate changes to create a more efficient work environment. This will include
hiring and retaining the best employees, focusing on how to conduct business with better
customer service results, and making internal changes that result in a more efficient and effective
work product. The County Attorney Office has completed its restructuring to assure that
Requests for Legal Services are completed promptly, and that there will be overlapping areas of
expertise within the Office. To increase our efficiency, this effort will require further
improvements in our planning, assignment of responsibilities, and establishment of
accountability to assure continued enhancement within the Office.
Specific areas that I propose as part of next year's action plan are:
1. Oral Presentations at Meetings. I will continue to work to assure that both the County
Attorney's and the County Attorney Office's presentations at Board of County
Commissioners' meetings, advisory board meetings, and workshops are clear, concise and
effective. All presenters will be charged with making presentations that avoid legalese and
focus on the legal issue in a simple, understandable and brief manner.
Self Analysis:
No change from prior years. This Office will continue to endeavor to follow former County
Manager Jim Mudd's approach of the three B's with respect to Board presentations; that
"you be Brief. be Brilliant. and Be gone."
Commissioner Comments:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
Clear and on point. Helpful to conflict resolution and reaching a
determination in an often split Board.
Page 2 of 10
Packet Page -420-
9/22/2015 12.A.
2. Written Legal Advice. Both the County Attorney and the County Attorney Office will
provide professional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple,
understandable and brief manner.
Self Analysis:
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
3. Processing Requests for Legal Services. This year, this Office's response time to Requests
for Legal Services (RLS's) continued to exceed 90% of all RLS's being processed within 48
hours. There will always be a number of legal assignments. due to their complex nature, that
take weeks and even months to complete. Accordingly. this Office will continue to achieve a
48-hour (or less) turnaround time on 90% of all future Requests for Legal Services received
from the Board of County Commissioners and County Manager agencies. A report will be
run from Client Profiles (this Office's data management system) to determine turnaround
time. This will include preparation and review of documents for legal sufficiency prior to
consideration by the Board of County Commissioners for Board action. including, but not
limited to, agreements. contracts. deeds, leases. bonds. ordinances, resolutions, and other
legal documents requested by County Commissioners. the County Manager. or the staff.
Self Analysis:
Page 3 of 10
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9/22/2015 12.A.
The response time to Requests for Legal Services (RLS's) this year was 90% of all RLS's
being processed within 48 hours. As always. a number of legal assignments, due to the
complex nature, take weeks and even months to complete. I believe the Office has fully
achieved my goals in this area, the results of which are demonstrated in the next Goal and
Objective, which is Client Satisfaction /Peer Review.
Prior to becoming the County Attorney for the period April through June 2007, the average .
turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or
less. Smaller samples taken from prior years showed that an I 1-day turnaround had been a
longstanding practice with the Office.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this
Office. In furtherance of this goal, I have instituted a practice in which performance
evaluation reports are sent to the various Department Heads and Managers each year to
assess the performance of each attorney in the Office. The reports rate the attorneys on a l to
3 scale. with 1 being Below Standards:; 2 being Meets Standards; and 3 being Exceeds
Standards. Individual evaluations are then totaled and averaged to determine this Office's
collective score, with a goal of 75% rating level for exceeding expectations. Client reviews
will factor into each of the Assistant County Attorney's performance evaluations.
Self Analysis:
Again this yf a". an = io'iey-l ;:C_, 'Feedback form was tir0v1Cc,U to the County Mtii3<TeT.
Deputy County `vianacer. Department Heads and select ManaLTers, to solicit their opinions
regarding the services they receive from the County Attorney Office. These results are
utilized to shift workloads if departments are not satisfied with our services; they are also
Page 4 of 10
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9/22/2015 12.A.
utilized in the attorney's individual annual performance evaluations, and in restructuring
decisions.
The following is a chart showing a comparison of 2008, 2009. 2010, 201 1, 2012, 2013, 2014
and 2015 overall client feedback. As you can see, during my tenure as County Attorney we
have virtually eliminated the "Does Not Meet'' portion of the evaluation. This year this
Office attained a 63% "Exceeds" expectation with 35% ``Meets expectations.
Comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015
Attorney- Client Feedback Overall Results
90% -.r
I
80`L; 3f'
rr if
40tf
54 s5 *s.K
50% — ri ;,,.
, 44%
ig � 0%.
> t.r;a': 3 r u
, �
71L . - 3`% 21',
1�L,
20LL VI.,:, ss,
K
ray " ' m
i
�+Y
4 i b'
�2°b S} u„f;�6 1°L''urea
G°r ' =
Exceeds Meets Doc:Not Meet
R%?,
E.2008 2009 2010 2011 . 2012 201 2014 2015
Commissioner Comment:
Below Meets Exceeds
2 3
Standards Standards Standards
1
Rating 3
Pa�ge5of10
Packet Page -423-
9/22/2015 12.A.
5. Fiscal Management. I will continue to develop and effectively administer an annual budget
for the Office of the County Attorney in conformance with policies adopted by the Board of
County Commissioners, while at the same time improving the quality of this Office.
Self Analysis:
On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300
in FY 2009, to the current request of $2,340,600 for FY 2016, while eliminating sixteen
positions in that same time period. As set forth in the following chart, during that period this
Office met or exceeded Board budget direction.
ie Board DirectionPercentage Increase/Decrease Per Year/Net Cost to General Fund
Percentage Increase/Decrease Per Year/Net Cost to General Fund
5 1` 3 2.9
p 0 0
0 l �.:4
-0.7
-5 -3 -3 -3.2
-4.5 -5-5.0 -5
10
.r -8.2
-15 I -1-x76
FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16
The reduction in personnel was accomplished with no loss in service due to a general decline
in County business, by cross-training the assistant county attorneys and staff, and by
reassigning work to higher performers. With County business now accelerating, on a going
forward basis. I expect future personnel loss will be through normal attrition. with the Office
slowly growing at a similar pace to the County Manager's Agency. New personnel will be
hired with an emphasis towards long-term succession planning.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
Excellent results in efforts to improve efficiency and control costs.
A difficult task well done. A model for others.
Page 6 of 10
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9/22/2015 12.A.
6. Public Records and Sunshine Law. This Office will continue to educate and update County
staff, and advisory board members through periodic workshops/seminars, (e.g. Sunshine
Law, Public Records Act, State and local ethics law). This Office will also conduct seminars
with staff on various topics of interest.
Self Analysis:
As of the end of August 2014, this Office will have made 6 presentations/workshops/
seminars to County staff and advisory board meetings.
1. January 21, 2015 — Sunshine Law, Public Records and Ethics training for Isles of Capri
Advisory Committee;
2. January 21, 2015 — prepared a video of above presentation for Port of the Isle and
Ochopee Fire Districts;
3. February 5, 2015 — attended Second Annual Ave Maria School of Law Government and
Public Interest Career Fair;
4. February 6, 2015 — Colleen Greene, Assistant County Attorney volunteered as a judge in
the Collier County Bar Association Mock Trial Competition;
5. March 17, 2015 — Sunshine Law training for MPO PAC:
6. August 19, 2015 — presentation to the Public Utilities Division regarding performance
Evaluations and Discipline.
Our Power Point presentations relating to Government in the Sunshine. Public Records Act.
Ethics Laws and Social Networking are available on the internet at www.colliergov.net on the
County Attorney web page for viewing by advisory board members, staff and the public.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
Page 7 of 10
Packet Page -425-
9/22/2015 12.A.
7. Litigation. We will continue to effectively and efficiently manage litigation using primarily
in-house counsel and secondarily through the use of outside counsel as needed. We will keep
the Board abreast of the County's litigation through quarterly reports for the Board with
respect to current litigation, including potential or anticipated legal issues that may come
before the Board of County Commissioners.
Self Analysis:
This Office manages a substantial amount of litigation. To keep the Board informed, a
number of years ago I commenced the process of providing the Board with quarterly reports
of our litigation activity. As of the July 2015 Litigation Report, there are at present a total of
224 open cases, the bulk of which concern foreclosures (166) and eminent domain (34). For
comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the hulk
of which concerned bankruptcy and foreclosures (151) and eminent domain (40). Major
litigation is essentially half today as it was then. With the acceleration in County business, I
expect civil litigation to increase as well A copy of the latest Litigation Report in attached.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
8. Advertising. We will continue to ensure that all Public Hearings and ordinances are properly
advertised.
;elf riaivsis:
Be«innine in 2009. with the assistance of the County Manager's Office and the Clerk to the
Board. this Office has monitored all legal advertisements for public hearings before the
Board of County Commissioners. The purpose was to ensure that all legal ads met statutory
and Code requirements and made part of the record as back-up material for the agenda item.
f i Y legal ads for Planning Commission.
then. our oversight has expanded to include legal ads fo the I lannin g �.ommission.
In addition to working. with departments in drafting legal ads. our Office receives copies of
all ad requests_ which are reviewed by the assigned attorney before they are forwarded to the
Page 8 of 10
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9/22/2015 12.A.
Naples Daily News. Support staff then verifies that the ads are published correctly. Our goal
in taking on this responsibility is to avoid the delays, waste, and the potential for legal
challenge associated with defective advertising. We also actively seek to reduce costs by
combining ads where possible and by not running ads that are not required.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
9. Agenda Items. We will continue to ensure that all Board approved contracts, ordinances,
plats and other documents are properly processed, recorded, and codified with Municode.
Self Analysis: We have been fully successful in monitoring and processing Board approved
documents from approval, Chairman signature, delivery to the Clerk to the Board and
submission to Municode for codification as appropriate.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3 _
Rating 3
Page 9 of 10
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9/22/2015 12.A.
10. Advisory Boards. This past year the Board tasked this Office to manage its Advisory
Boards. We continue to advertise new openings and bring appropriate Executive Summaries
to the Board.
Self Analysis: We have successfully integrated and managed this task with existing staff.
We coordinate with the Communications and Customer Relations Division to make sure that
the new openings are posted and the current information is posted on the County's website.
We coordinate with the various advisory board liaisons to get recommendations for
appointments, resignations, etc. We then bring the items to the Board of County
Commissioners for consideration. We are working to update the old Access database to
assure no loss of data and seamless conversion of data.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
This administrative assistance has been well managed and is much
appreciated by all.
Mr. Klatzkow consistantly delivers clear guidance to the Board. He
continues to provide excellent administration, timely information,
counsel as requested, and stability in the resolution of difficult
circumstances.
I appreciate his clarity and candor.
Highest marks that Exceed Standards.
Tim Nance - District#5 9/12/15
Page l0 of l0
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FY 2014 / 2015 Action Plan
Jeffrey A. Klatzkow, County Attorney
The County Attorney is charged with the responsibility of planning, directing and reviewing the
activities and operations of the Office of the County Attorney. The County Attorney is the legal
advisor and counsel for the Board of County Commissioners, its advisory boards and advisory
committees. The County Attorney also provides legal counsel to and assists the County Manager
and his agencies in order to facilitate the goals and objectives established for the County
Manager by the Board of County Commissioners.
The County Attorney, through the assistant county attorneys and supporting staff, represents the
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard, the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents and
other Board signatory documents.
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. By custom, this
performance has been measured against performance objectives set forth in that year's annual
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are
then totaled and averaged to determine the Board's collective position.
The following is the County Attorney's Action Plan for the 2014-2015 Fiscal Year. The Action
Plan is based on the broad areas generally expected to be performed by the Managing Partner of
a significant law firm, including: legal advice; leadership and organizational direction;
communications; fiscal management; and personnel management.
7t("' 4-4
[COA60/1201727/1] Page 1 of 10
Packet Page -429-
9/22/2015 12.A.
Goals for Fiscal Year 2014-15:
I will continue to initiate changes to create a more efficient work environment. This will include
hiring and retaining the best employees, focusing on how to conduct business with better
customer service results, and making internal changes that result in a more efficient and effective
work product. The County Attorney Office has completed its restructuring to assure that
Requests for Legal Services are completed promptly, and that there will be overlapping areas of
expertise within the Office. To increase our efficiency, this effort will require further
improvements in our planning, assignment of responsibilities, and establishment of
accountability to assure continued enhancement within the Office.
Specific areas that I propose as part of next year's action plan are:
1. Oral Presentations at Meetings. I will continue to work to assure that both the County
Attorney's and the County Attorney Office's presentations at Board of County
Commissioners' meetings, advisory board meetings, and workshops are clear, concise and
effective. All presenters will be charged with making presentations that avoid legalese and
focus on the legal issue in a simple, understandable and brief manner.
Self Analysis:
No change from prior years. This Office will continue to endeavor to follow former County
Manager Jim Mudd's approach of the three B's with respect to Board presentations; that
"you be Brief, be Brilliant, and Be gone."
Commissioner Comments:
Below Meets Exceeds
Standards Standards Standards _
1 2 3
Rating 2
/ri
[COA60/1201727/1] Page 2 of 10
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9/22/2015 12.A.
2, Written Legal Advice. Both the County Attorney and the County Attorney Office will
provide professional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple,
understandable and brief manner.
Self Analysis:
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating
3. Processing Requests for Legal Services. This year, this Office's response time to Requests
for Legal Services (RLS's) continued to exceed 90% of all RLS's being processed within 48
hours. There will always be a number of legal assignments, due to their complex nature, that
take weeks and even months to complete. Accordingly,this Office will continue to achieve a
48-hour (or less) turnaround time on 90% of all future Requests for Legal Services received
from the Board of County Commissioners and County Manager agencies. A report will be
run from Client Profiles (this Office's data management system) to determine turnaround
time. This will include preparation and review of documents for legal sufficiency prior to
consideration by the Board of County Commissioners for Board action, including, but not
limited to, agreements. contracts, deeds, leases, bonds, ordinances, resolutions, and other
legal documents requested by County Commissioners, the County Manager, or the staff.
Self Analysis:
The response time to Requests for Legal Services (RLS's) this year was 90% of all RLS's
being processed within 48 hours. As always, a number of legal assignments, due to the
complex nature, take weeks and even months to complete. I believe the Office has fully
achieved my goals in this area, the results of which are demonstrated in the next Goal and
Objective,which is Client Satisfaction/Peer Review.
[COA60/1 20 1 727/1] Page 3 of 10
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9/22/2015 12.A.
Prior to becoming the County Attorney for the period April through June 2007, the average
turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or
less. Smaller samples taken from prior years showed that an 11-day turnaround had been a
longstanding practice with the Office.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating '3
4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this
Office. In furtherance of this goal, I have instituted a practice in which performance
evaluation reports are sent to the various Department Heads and Managers each year to
assess the performance of each attorney in the Office. The reports rate the attorneys on a 1 to
3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds
Standards. Individual evaluations are then totaled and averaged to determine this Office's
collective score, with a goal of 75% rating level for exceeding expectations. Client reviews
will factor into each of the Assistant County Attorney's performance evaluations.
Self Analysis:
Again this year, an Attorney-Client Feedback form was provided to the County Manager,
Deputy County Manager, Department Heads and select Managers, to solicit their opinions
regarding the services they receive from the County Attorney Office. These results are
utilized to shift workloads if departments are not satisfied with our services; they are also
utilized in the attorney's individual annual performance evaluations, and in restructuring
decisions.
The following is a chart showing, a comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014
and 2015 overall client feedback. As you can see, during my tenure as County Attorney we
[COA60/1201727/1 1
Page 4 of 10
Packet Page -432-
9/22/2015 12.A.
have virtually eliminated the "Does Not Meet" portion of the evaluation. This year this
Office attained a 63%"Exceeds" expectation, with 35% "Meets" expectations.
Comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015
Attorney - Client Feedback Overall Results
90%
80% 76%
70% — 66% A7 wn
,4° _,a,3%
60% 56%
54° 5' ;'r, :;
NL
50%
44%
0%
40% c, % 35%
3%4
•
30%
21° 21%
20%
10% e45
16. %2/0%0%A%0%0%° 1% 1% %1%1%2 '0
0% F
_
Exceeds Meets Does Not Meet N/A
1 2008 ■2009 ®2010 ■2011 1 2012 1 2013 2014 p 2015
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
[COA60!I201727/11
Page 5 of 10
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9/22/2015 12.A.
5. Fiscal Management. I will continue to develop and effectively administer an annual budget
for the Office of the County Attorney in conformance with policies adopted by the Board of
County Commissioners, while at the same time improving the quality of this Office.
Self Analysis:
On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300
in FY 2009, to the current request of $2,340,600 for FY 2016, while eliminating sixteen
positions in that same time period. As set forth in the following chart, during that period this
Office met or exceeded Board budget direction.
■Board DirectionPercentage Increase/Decrease Per Year/Net Cost to General Fund
a Percentage Increase/Decrease Per Year/Net Cost to General Fund
3 2.9
5
0 0 0 III
0
-0.7
-5 -3 -3 -3.2
-4.5 -5-5.0 -5-6.1
-10 -8.2
/
-15 - 6
FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16
The reduction in personnel was accomplished with no loss in service due to a general decline
in County business, by cross-training the assistant county attorneys and staff, and by
reassigning work to higher performers. With County business now accelerating, on a going
forward basis, I expect future personnel loss will be through normal attrition, with the Office
slowly growing at a similar pace to the County Manager's Agency. New personnel will be
hired with an emphasis towards long-term succession planning.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
f
[COA60/1201727/1] Page 6 of 10
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9/22/2015 12.A.
6. Public Records and Sunshine Law. This Office will continue to educate and update County
staff, and advisory board members through periodic workshops/seminars, (e.g. Sunshine
Law, Public Records Act, State and local ethics law). This Office will also conduct seminars
with staff on various topics of interest.
Self Analysis:
As of the end of August 2014, this Office will have made 6 presentations/workshops/
seminars to County staff and advisory board meetings.
1. January 21, 2015 — Sunshine Law, Public Records and Ethics training for Isles of Capri
Advisory Committee;
2. January 21, 2015 — prepared a video of above presentation for Port of the Isle and
Ochopee Fire Districts;
3. February 5, 2015 — attended Second Annual Ave Maria School of Law Government and
Public Interest Career Fair;
4. February 6, 2015 — Colleen Greene, Assistant County Attorney volunteered as a judge in
the Collier County Bar Association Mock Trial Competition;
5. March 17, 2015 — Sunshine Law training for MPO PAC;
6. August 19, 2015 — presentation to the Public Utilities Division regarding performance
Evaluations and Discipline.
Our Power Point presentations relating to Government in the Sunshine, Public Records Act,
Ethics Laws and Social Networking are available on the internet at www_colliergov.net on the
County Attorney web page for viewing by advisory board members, staff and the public.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
_ 1 2 3
Rating 2-
rt
[COA60/1201727/1] Page 7 of l0
Packet Page -435-
9/22/2015 12.A.
7. Litigation. We will continue to effectively and efficiently manage litigation using primarily
in-house counsel and secondarily through the use of outside counsel as needed. We will keep
the Board abreast of the County's litigation through quarterly reports for the Board with
respect to current litigation, including potential or anticipated legal issues that may come
before the Board of County Commissioners.
Self Analysis:
This Office manages a substantial amount of litigation. To keep the Board informed, a
number of years ago I commenced the process of providing the Board with quarterly reports
of our litigation activity. As of the July 2015 Litigation Report,there are at present a total of
224 open cases, the bulk of which concern foreclosures (166) and eminent domain (34). For
comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk
of which concerned bankruptcy and foreclosures (151) and eminent domain (40). Major
litigation is essentially half today as it was then. With the acceleration in County business, I
expect civil litigation to increase as well. A copy of the latest Litigation Report in attached.
Commissioner Comment:
Below ( Meets ( Exceeds
Standards Standards I Standards
1 2 3
Rating ,3
8. Advertising. We will continue to ensure that all Public Hearings and ordinances are properly
advertised.
Self Analysis:
Beginning in 2009, with the assistance of the County Manager's Office and the Clerk to the
Board, this Office has monitored all legal advertisements for public hearings before the
Board of County Commissioners. The purpose was to ensure that all legal ads met statutory
and Code requirements and made part of the record as back-up material for the agenda item.
Since then, our oversight has expanded to include legal ads for the Planning Commission.
In addition to working with departments in drafting legal ads. our Office receives copies of
all ad requests. which are reviewed by the assigned attorney before they are forwarded to the
Naples Daily News. Support staff then verifies that the ads are published correctly. Our goal
in taking on this responsibility is to avoid the delays, waste, and the potential for legal
[COA60/1201727/l] Page 8 of 10
Packet Page -436-
9/22/2015 12.A.
challenge associated with defective advertising. We also actively seek to reduce costs by
combining ads where possible and by not running ads that are not required.
Commissioner Comment: _
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating
9. Agenda Items. We will continue to ensure that all Board approved contracts, ordinances,
plats and other documents are properly processed, recorded, and codified with Municode.
Self Analysis: We have been fully successful in monitoring and processing Board approved
documents from approval, Chairman signature, delivery to the Clerk to the Board and
submission to Municode for codification as appropriate.
Commissioner Comment: _
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating Z
#0/�7
[COA60/1201727/1] Paige 9 of 10
Packet Page -437-
9/22/2015 12.A.
10. Advisory Boards. This past year the Board tasked this Office to manage its Advisory
Boards. We continue to advertise new openings and bring appropriate Executive Summaries
to the Board.
Self Analysis: We have successfully integrated and managed this task with existing staff.
We coordinate with the Communications and Customer Relations Division to make sure that
the new openings are posted and the current information is posted on the County's website.
We coordinate with the various advisory board liaisons to get recommendations for
appointments, resignations, etc. We then bring the items to the Board of County
Commissioners for consideration. We are working to update the old Access database to
assure no loss of data and seamless conversion of data.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating Z
[COA60/1201727/1] Page 10 of 10
Packet Page -438-
9/22/2015 12.A.
FY 2014 / 2015 Action Plan
Jeffrey A. Klatzkow, County Attorney
The County Attorney is charged with the responsibility of planning, directing and reviewing the
activities and operations of the Office of the County Attorney. The County Attorney is the legal
advisor and counsel for the Board of County Commissioners, its advisory boards and advisory
committees. The County Attorney also provides legal counsel to and assists the County Manager
and his agencies in order to facilitate the goals and objectives established for the County
Manager by the Board of County Commissioners.
The County Attorney, through the assistant county attorneys and supporting staff, represents the
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard, the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents and
other Board signatory documents.
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. By custom, this
performance has been measured against perfomiance objectives set forth in that year's annual
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are
then totaled and averaged to determine the Board's collective position.
The following is the County Attorney's Action Plan for the 2014-2015 Fiscal Year. The Action
Plan is based on the broad areas generally expected to be performed by the Managing Partner of
a significant law firm, including: legal advice; leadership and organizational direction;
communications; fiscal management; and personnel management.
(72,efie._
_ t
[COA60/1201727/1] Page 1 of 10
Packet Page -439-
9/22/2015 12.A.
Goals for Fiscal Year 2014-15:
I will continue to initiate changes to create a more efficient work environment. This will include
hiring and retaining the best employees, focusing on how to conduct business with better
customer service results, and making internal changes that result in a more efficient and effective
work product. The County Attorney Office has completed its restructuring to assure that
Requests for Legal Services are completed promptly, and that there will be overlapping areas of
expertise within the Office. To increase our efficiency, this effort will require further
improvements in our planning, assignment of responsibilities, and establishment of
accountability to assure continued enhancement within the Office.
Specific areas that I propose as part of next year's action plan are:
1. Oral Presentations at Meetings. I will continue to work to assure that both the County
Attorney's and the County Attorney Office's presentations at Board of County
Commissioners' meetings, advisory board meetings, and workshops are clear, concise and
effective. All presenters will be charged with making presentations that avoid legalese and
focus on the legal issue in a simple, understandable and brief manner.
Self Analysis:
No change from prior years. This Office will continue to endeavor to follow former County
Manager Jim Mudd's approach of the three B's with respect to Board presentations; that
"you be Brief. be Brilliant. and Be gone."
Commissioner Comments:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating
[COA60/1201727/1] Page 2 of 10
Packet Page -440-
9/22/2015 12.A.
2. Written Legal Advice. Both the County Attorney and the County Attorney Office will
provide profPs3ional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple,
understandable and brief manner.
Self Analysis:
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 2..
3. Processing Requests for Legal Services. This year, this Office's response time to Requests
for Legal Services (RLS's) continued to exceed 90% of all RLS's being processed within 48
hours. There will always be a number of legal assignments, due to their complex nature, that
take weeks and even months to complete. Accordingly,this Office will continue to achieve a
48-hour (or less) turnaround time on 90% of all future Requests for Legal Services received
from the Board of County Commissioners and County Manager agencies. A report will be
run from Client Profiles (this Office's data management system) to determine turnaround
time. This will include preparation and review of documents for legal sufficiency prior to
consideration by the Board of County Commissioners for Board action, including, but not
limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other
legal documents requested by County Commissioners,the County Manager, or the staff.
Self Analysis:
The response time to Requests for Legal Services (RLS's) this year was 90% of all RLS's
being processed within 48 hours. As always, a number of legal assignments, due to the
complex nature, take weeks and even months to complete. I believe the Office has fully
achieved my goals in this area, the results of which are demonstrated in the next Goal and
Objective, which is Client Satisfaction/Peer Review.
[COA60/1201727/l] Page 3 of 10
Packet Page -441-
9/22/2015 12.A.
Prior to becoming the County Attorney for the period April through June 2007, the average
turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or
less. Smaller samples taken from prior years showed that an 11-day turnaround had been a
longstanding practice with the Office.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3 3
Rating
4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this
Office. In furtherance of this goal, I have instituted a practice in which performance
evaluation reports are sent to the various Department Heads and Managers each year to
assess the performance of each attorney in the Office. The reports rate the attorneys on a 1 to
3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds
Standards. Individual evaluations are then totaled and averaged to determine this Office's
collective score, with a goal of 75% rating level for exceeding expectations. Client reviews
will factor into each of the Assistant County Attorney's performance evaluations.
Self Analysis:
Again this year. an Attorney-Client Feedback form was provided to the County Manager,
Deputy County Manager, Department Heads and select Managers, to solicit their opinions
regarding the services they receive from the County Attorney Office. These results are
utilized to shift workloads if departments are not satisfied with our services; they are also
utilized in the attorney's individual annual performance evaluations, and in restructuring
decisions.
The following is a chart showing a comparison of 2008, 2009, 2010. 2011, 2012, 2013, 2014
and 2015 overall client feedback. As you can see, during my tenure as County Attorney we
[COA60/1201727/1] Page 4 of 10
Packet Page -442-
9/22/2015 12.A.
have virtually eliminated the "Does Not Meet" portion of the evaluation. This year this
Office attained a 63% "Exceeds"expectation, with 35% "Meets"expectations.
Comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015
Attorney- Client Feedback Overall Results
90%
80% 7G%
70% o °
,4°',
60% 54° 5° 6%
50%
44%
0%
40%
344% 35%
30%
21° 'a 21%
20%
10% ,
%2°/ 1%01139( 1%%1%1%2%
0%
Exceeds Meets Does Not Meet N/A
•2008 in 2009 ®2010 R 2011 i 2012 a 2013 a 2014 Li 2015
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating
3
J7
[COA60/12017271 1] Page 5 of 10
Packet Page -443-
9/22/2015 12.A.
5. Fiscal Management. I will continue to develop and effectively administer an annual budget
for the Office of the County Attorney in conformance with policies adopted by the Board
of
County Commissioners, while at the same time improving the quality of this Office.
Self Analysis:
On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300
in FY 2009, to the current request of $2,340,600 for FY 2016, while eliminating sixteen
positions in that same time period. As set forth in the following chart, during that period this
Office met or exceeded Board budget direction.
a Board DirectionPercentage Increase/Decrease Per Year/Net Cost to General Fund
■Percentage Increase/Decrease Per Year/Net Cost to General Fund
5 -7 3 2.9
0 0 0 .
0
-0.7
_5 / -3 -3 -3.2
-4.5 -5-5.0 -5-6.1
-10 7 -8.2
-15 / -13.6
FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16
The reduction in personnel was accomplished with no loss in service due to a general decline
in County business, by cross-training the assistant county attorneys and staff, and by
reassigning work to higher performers. With County business now accelerating, on a going
forward basis, I expect future personnel loss will be through normal attrition, with the Office
slowly growing at a similar pace to the County Manager's Agency. New personnel will be
hired with an emphasis towards long-term succession planning.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
[COA60/1201727/1] Page 6 of 10
Packet Page -444-
9/22/2015 12.A.
6. Public Records and Sunshine Law. This Office will continue to educate and update County
staff, and advisory board members through periodic workshops/seminars, (e.g. Sunshine
Law, Public Records Act, State and local ethics law). This Office will also conduct seminars
with staff on various topics of interest.
Self Analysis:
As of the end of August 2014, this Office will have made 6 presentations/workshops/
seminars to County staff and advisory board meetings.
1. January 21, 2015 — Sunshine Law, Public Records and Ethics training for Isles of Capri
Advisory Committee;
2. January 21, 2015 — prepared a video of above presentation for Port of the Isle and
Ochopee Fire Districts;
3. February 5, 2015 — attended Second Annual Ave Maria School of Law Government and
Public Interest Career Fair;
4. February 6, 2015 — Colleen Greene, Assistant County Attorney volunteered as a judge in
the Collier County Bar Association Mock Trial Competition;
5. March 17, 2015 — Sunshine Law training for MPO PAC;
6. August 19, 2015 — presentation to the Public Utilities Division regarding performance
Evaluations and Discipline.
Our Power Point presentations relating to Government in the Sunshine, Public Records Act,
Ethics Laws and Social Networking are available on the internet at www.colliergov.net on the
County Attorney web page for viewing by advisory board members, staff and the public.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
[COA60/1201727/1] Page 7 of 10
Packet Page -445-
9/22/2015 12.A.
7. Litigation. We will continue to effectively and efficiently manage litigation using primarily
in-house counsel and secondarily through the use of outside counsel as needed. We Will keep
the Board abreast of the County's litigation through quarterly reports for the Board with
respect to current litigation, including potential or anticipated legal issues that may come
before the Board of County Commissioners.
Self Analysis:
This Office manages a substantial amount of litigation. To keep the Board informed, a
number of years ago I commenced the process of providing the Board with quarterly reports
of our litigation activity. As of the July 2015 Litigation Report,there are at present a total of
224 open cases, the bulk of which concern foreclosures (166) and eminent domain (34). For
comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk
of which concerned bankruptcy and foreclosures (151) and eminent domain (40). Major
litigation is essentially half today as it was then. With the acceleration in County business, I
expect civil litigation to increase as well. A copy of the latest Litigation Report in attached.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 7
8. Advertising. We will continue to ensure that all Public Hearings and ordinances are properly
advertised.
Self Analysis:
Beginning in 2009, with the assistance of the County Manager's Office and the Clerk to the
Board, this Office has monitored all legal advertisements for public hearings before the
Board of County Commissioners. The purpose was to ensure that all legal ads met statutory
and Code requirements and made part of the record as back-up material for the agenda item.
Since then, our oversight has expanded to include legal ads for the Planning Commission.
In addition to working with departments in drafting legal ads, our Office receives copies of
all ad requests, which are reviewed by the assigned attorney before they are forwarded to the
Naples Daily News. Support staff then verifies that the ads are published correctly. Our goal
in taking on this responsibility is to avoid the delays, waste, and the potential for legal
[COA60/1201727/l] Page 8 of 10
Packet Page -446-
9/22/2015 12.A.
challenge associated with defective advertising. We also actively seek to reduce costs by
combining ads where possible and by riot running ads that are not required.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating
9. Agenda Items. We will continue to ensure that all Board approved contracts, ordinances,
plats and other documents are properly processed, recorded, and codified with Municode.
Self Analysis: We have been fully successful in monitoring and processing Board approved
documents from approval, Chairman signature, delivery to the Clerk to the Board and
submission to Municode for codification as appropriate.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating
[COA60/1201727/11 Page 9 of 10
Packet Page -447-
9/22/2015 12.A.
10. Advisory Boards. This past year the Board tasked this Office to manage its Advisory
Boards. We continue to advertise new openings and bring appropriate Executive Summaries
to the Board.
Self Analysis: We have successfully integrated and managed this task with existing staff.
We coordinate with the Communications and Customer Relations Division to make sure that
the new openings are posted and the current information is posted on the County's website.
We coordinate with the various advisory board liaisons to get recommendations for
appointments, resignations, etc. We then bring the items to the Board of County
Commissioners for consideration. We are working to update the old Access database to
assure no loss of data and seamless conversion of data.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 •_ 3
Rating !
/.�c?7 11 -to i�!"r'-4 a
7 tx de)i-1/)14-64. r „,
[COA60/1201727/1] Page 10 of 10
Packet Page -448-
9/22/2015 12.A.
FY 2014 / 2015 Action Plan
Jeffrey A. Klatzkow, County Attorney
The County Attorney is charged with the responsibility of planning, directing and reviewing the
activities and operations of the Office of the County Attorney. The County Attorney is the legal
advisor and counsel for the Board of County Commissioners, its advisory boards and advisory
committees. The County Attorney also provides legal counsel to and assists the County Manager
and his agencies in order to facilitate the goals and objectives established for the County
Manager by the Board of County Commissioners.
The County Attorney, through the assistant county attorneys and supporting staff, represents the
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard, the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents and
other Board signatory documents.
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. By custom, this
performance has been measured against performance objectives set forth in that year's annual
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are
then totaled and averaged to determine the Board's collective position.
The following is the County Attorney's Action Plan for the 2014-2015 Fiscal Year. The Action
Plan is based on the broad areas generally expected to be performed by the Managing Partner of
a significant law fine, including: legal advice; leadership and organizational direction;
communications; fiscal management; and personnel management.
[COA60'1201727/l] Palle 1 of 11
Packet Page -449-
9/22/2015 12.A.
Goals for Fiscal Year 2014-15:
I will continue to initiate changes to create a more efficient work environment. This will include
hiring and retaining the best employees, focusing on how to conduct business with better
customer service results, and making internal changes that result in a more efficient and effective
work product. The County Attorney Office has completed its restructuring to assure that
Requests for Legal Services are completed promptly, and that there will be overlapping areas of
expertise within the Office. To increase our efficiency, this effort will require further
improvements in our planning, assignment of responsibilities, and establishment of
accountability to assure continued enhancement within the Office.
Specific areas that I propose as part of next year's action plan are:
1. Oral Presentations at Meetings. I will continue to work to assure that both the County
Attorney's and the County Attorney Office's presentations at Board of County
Commissioners' meetings, advisory board meetings, and workshops are clear, concise and
effective. All presenters will be charged with making presentations that avoid legalese and
focus on the legal issue in a simple, understandable and brief manner.
Self Analysis:
No change from prior years. This Office will continue to endeavor to follow former County
Manager Jim Mudd's approach of the three B•s with respect to Board presentations: that
you be Brief, he Brilliant, and Be gone.-
Commissioner Comments:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating x
[COA60'12017271] Page 2 of 11
Packet Page -450-
9/22/2015 12.A.
2. Written Legal Advice. Both the County Attorney and the County Attorney Office will
provide professional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple,
understandable and brief manner.
Self Analysis:
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point.
Commissioner Comment:
The roll of a County Attorney is to give the Board an
Unbiased opinion based on law.
I need legal opinions that are lawful and winnable in the
Courts.
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating X
One of the given right to the public is the right to petitions is
government for change. Assuming county staff is right and petitoner
is wrong should not be the way I would not like to see, again legal
opinion is based on law. County staff had no right to exact property
from a petition for the public benefit
Staff went outside of BCC protocol by exacting future right of way reservation for
the Public benefit. It stated in the Executive summary FDOT considered 15th st
(the vacation request) part of an alternate need for SR29 expansion. However 15th
St ends at another parcel that Oaks Farms owns. Therefore not needed for the
SR29 expansion. (See attached map) The resolution adopted by the Board give
clear guidance on what a petitoner for vacation must provide (see attached Reso
2013-166) in closing public need property for the benefits of the public must be
borne on government not the private property owner.
[COA60%1201727,1] Page 3 of 11
Packet Page -451-
9/22/2015 12.A.
3. Processing Requests for Legal Services. This year, this Office's response time to Requests
for Legal Services (RLS's) continued to exceed 90% of all RLS's being processed within 48
hours. There will always be a number of legal assignments, due to their complex nature, that
take weeks and even months to complete. Accordingly, this Office will continue to achieve a
48-hour (or less) turnaround time on 90% of all future Requests for Legal Services received
from the Board of County Commissioners and County Manager agencies. A report will be
run from Client Profiles (this Office's data management system) to determine turnaround
time. This will include preparation and review of documents for legal sufficiency prior to
consideration by the Board of County Commissioners for Board action, including, but not
limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other
legal documents requested by County Commissioners, the County Manager, or the staff
Self Analysis:
The response time to Requests for Legal Services (RLS's) this year was 90% of all RLS's
being processed within 48 hours. As always, a number of legal assignments, due to the
complex nature, take weeks and even months to complete. I believe the Office has fully
achieved my goals in this area, the results of which are demonstrated in the next Goal and
Objective. which is Client Satisfaction/Peer Review.
Prior to becoming the County Attorney for the period April through June 2007, the average
turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or
less. Smaller samples taken from prior years showed that an 1 1-day turnaround had been a
longstanding practice with the Office.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating X
4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this
Office. In furtherance of this goal, I have instituted a practice in which performance
[COA60/1201727/1] Pane 4 of 11
Packet Page -452-
9/22/2015 12.A.
evaluation reports are sent to the various Department Heads and Managers each year to
assess the performance of each attorney in the Office. The reports rate the attorneys on a 1 to
3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds
Standards. Individual evaluations are then totaled and averaged to determine this Office's
collective score, with a goal of 75% rating level for exceeding expectations. Client reviews
will factor into each of the Assistant County Attorney's performance evaluations.
Self Analysis:
Again this year, an Attorney-Client Feedback form was provided to the County Manager,
Deputy County Manager, Department Heads and select Managers, to solicit their opinions
regarding the services they receive from the County Attorney Office. These results are
utilized to shift workloads if departments are not satisfied with our services; they are also
utilized in the attorney's individual annual performance evaluations. and in restructuring
decisions.
The following is a chart showing a comparison of 2008" 2009, 2010, 2011, 2012, 2013, 2014
and 2015 overall client feedback. As you can see, during my tenure as County Attorney we
have virtually eliminated the ``Does Not Meet" portion of the evaluation. This year this
Office attained a 63% "Exceeds" expectation. with 35% "Meets" expectations.
[COA60'1201 727/1] Page 5 of 11
Packet Page -453-
9/22/2015 12.A.
Comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015
Attorney - Client Feedback Overall Results
90% I
80% 76%
70% °
Ys°f�7�
a4° .3%
60% 54°; " —5-6%
50% 44%
o°
�� f 0%
40% " #
' r3
/
°
K 30% . :3,4:: _
1 21° °" °
20% I ° 5 I 1r".
i 7r rb
10% {E 'f < 4, ; l: eI,„' ,- 6%p
” g .,� °
/2% 1%3/ 1 11/
I . j ° 0%0°,A%0%0% %/ °2%
,(
Exceeds Meets Does Not Meet N/A
tZ 2008 r 2009 17 2010 Lt 2011 E 2012 a 2013 2014 2015
Commissioner Comment:
Below Meets I Exceeds
Standards Standards Standards
1 2 3
Rating X
5. Fiscal Management. I will continue to develop and effectively administer an annual budget
for the Office of the County Attorney in conformance with policies adopted by the Board of
County Commissioners. while at the same time improving the quality of this Office.
Self Analysis:
[COA60/1201727/1] Page 6 of 11
Packet Page -454-
9/22/2015 12.A.
On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300
in FY 2009, to the current request of $2,340,600 for FY 2016, while eliminating sixteen
positions in that same time period. As set forth in the following chart, during that period this
Office met or exceeded Board budget direction.
1E Board DirectionPercentage Increase/Decrease Per Year/Net Cost to General Fund
a Percentage Increase/Decrease Per Year/Net Cost to General Fund
5 3 2.9
0 0 0
0
limo 1111
0.7
-5 4.5 3 3 3.2
5-5.0 -5
-10 7 -8.2
-15 -13.6 'J
FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16
The reduction in personnel was accomplished with no loss in service due to a general decline
in County business. by cross-training the assistant county attorneys and staff. and by
reassigning work to higher performers. With County business now accelerating, on a gonna
for\ rd basis. I expect future personnel loss will be through normal attrition, with the Office
slowly growing at a similar pace to the County _Manager's Agency. New personnel will be
hired with an emphasis towards long-term succession planning.
Commissioner Comment:
Below i Meets Exceeds
Standards Standards Standards
1 2 3
Rating X
6. Public Records and Sunshine Law. This Office will continue to educate and update County
staff. and advisory board members through periodic workshops/seminars, (e.g. Sunshine
Law. Public Records Act, State and local ethics law). This Office will also conduct seminars
with staff on various topics of interest.
if
Analysis.:
S nalys,s..
[COA6O/1201727/l] Page 7 of 11
Packet Page -455-
9/22/2015 12.A.
As of the end of August 2014, this Office will have made 6 presentations/workshops/
seminars to County staff and advisory board meetings.
1. January 21, 2015 — Sunshine Law, Public Records and Ethics training for Isles of Capri
Advisory Committee;
2. January 21, 2015 — prepared a video of above presentation for Port of the Isle and
Ochopee Fire Districts;
3. February 5, 2015 — attended Second Annual Ave Maria School of Law Government and
Public Interest Career Fair;
4. February 6, 2015 — Colleen Greene, Assistant County Attorney volunteered as a judge in
the Collier County Bar Association Mock Trial Competition;
5. March 17, 2015 — Sunshine Law training for MPO PAC;
6. August 19, 2015 — presentation to the Public Utilities Division regarding performance
Evaluations and Discipline.
Our Power Point presentations relating to Government in the Sunshine, Public Records Act,
Ethics Laws and Social Networking are available on the internet at www.collieruov.net on the
County Attorney web page for viewing by advisory board members, staff and the public.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating X
7. Litigation. We will continue to effectively and efficiently manage litigation using primarily
in-house counsel and secondarily through the use of outside counsel as needed. We will keep
the Board abreast of the County's litigation through quarterly reports for the Board with
respect to current litigation, including potential or anticipated legal issues that may come
before the Board of County Commissioners.
Self Analysis:
[COA60/1201727/1] Page 8 of 11
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This Office manages a substantial amount of litigation. To keep the Board informed, a
number of years ago I commenced the process of providing the Board with quarterly reports
of our litigation activity. As of the July 2015 Litigation Report, there are at present a total of
224 open cases, the bulk of which concern foreclosures (166) and eminent domain (34). For
comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk
of which concerned bankruptcy and foreclosures (151) and eminent domain (40). Major
litigation is essentially half today as it was then. With the acceleration in County business, I
expect civil litigation to increase as well. A copy of the latest Litigation Report in attached.
Commissioner Comment:
Below • Meets Exceeds
Standards Standards Standards
1 2 3
Rating X
S. Advertising. We will continue to ensure that all Public Hearings and ordinances are properly
advertised.
Self Analysis:
Beginning in 2009. with the assistance of the County Manager's Office and the Clerk to the
Board. this Office has monitored all legal advertisements for public hearings before the
Board of County Commissioners. The purpose was to ensure that all legal ads met statutory
and Code requirements and made part of the record as back-up material for the agenda item.
Since then. our oversight hats expanded to include legal ads for the Planning Commission.
In addition to working with departments in drafting legal ads. our Office receives copies of
all e:ad requests, n'E1:cil are reviewed by the assigned attorney before they are forwarded to the
Naples Da! \ News. Support staff then \eIi Iies that the ads are published correctly. Our goal
II1 taLini? 01 tl s responsibility is to avoid the delays. waste, and the potential for legal
challenge associated with defective advertising, \' also actively se
''ck t: reduce casts. 1�v
combining ads where possible and by not running ads that are not required.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating X
[COA60/1201727/1] Page 9 of 11
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9/22/2015 12.A.
9. Agenda Items. We will continue to ensure that all Board approved contracts, ordinances,
plats and other documents are properly processed, recorded, and codified with Municode.
Self Analysis: We have been fully successful in monitoring and processing Board approved
documents from approval, Chairman signature, delivery to the Clerk to the Board and
submission to Municodc for codification as appropriate.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating X
10. Advisory Boards. This past year the Board tasked this Office to manage its Advisory
Boards. We continue to advertise new openings and bring appropriate Executive Summaries
to the Board.
Self. Analysis: We have successfully inte_<7rat!d and Inanagec1 this tan with e :istin.; s a{i.
We coordinate with the Communications and Customer Relations Division to make sure that
the new openings are posted and the current information is posted on the County•s website.
\k'e coordinate with the various advisory board liaisons to (Jet recommendations for
appointments. resignations. etc. We then bring the items to the Board of County
[COA6011201727/1] Page 10 of 11
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9/22/2015 12.A.
Commissioners for consideration. We are working to update the old Access database to
assure no loss of data and seamless conversion of data.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating X
[COA60,'1201 727/1] Page 11 of 11
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9/22/2015 12.A.
From: KlatzkowJeff[mailto:JeffKlatzkow @colliergov.net]
Sent: Friday, May 15, 2015 9:01 AM
To:Steve Bracci <steve @braccilaw.com>; CasalanguidaNick<NickCasalanguida @ colliergov.net>;
BermanMarcus<MarcusBerman @colliergov.net>
Cc: McLeanMatthew<MatthewMcLean @colliergov.net>; StoneScott<ScottStone @colliergov.net>;
ScottTrinity<TrinityScott @colliergov.net>; PuigJudy<JudyPuig @colliergov.net>; BrockMaryJo
<MaryJoBrock @colliergov.net>
Subject: RE:VAC-PL20140001887 Vacation of 15th Street
Mr.Bracci:
With knowledge of the attachment do you really insist on wasting everyone's time on this? If so,we'll put this
on the Agenda with a recommendation of denial,we will include the attachment and your threatening e-mails as part
of the agenda item,and you will be free to appear and argue that the Board should give your client free property for
a private purpose that at this time appears to be needed for a substantial public purpose.
Jeffrey A. Klatzkow
County Attorney
(239) 252-2614
From: Steve Bracci [mailto:steve@lbraccilaw.com]
Sent: Friday, May 15, 2015 6:13 AM
To: KlatzkowJeff; CasalanguidaNick; BermanMarcus
Cc: McLeanMatthew; StoneScott; ScottTrinity; PuigJudy; BrockMaryJo
Subject: RE: VAC-PL20140001887 Vacation of 15th Street
Mr. Klatzkow—The "Policy and Procedure on the Closing and Vacation of Road Right-of-Way"
constitutes an illegal rule pursuant to Section 120.52(16) of the Administrative Procedures Act (APA)
because it contains an "Invalid Exercise of Delegated Legislative Authority" as defined in Section
120.52(8) of the APA. To wit,the Policy delegates to Staff(ie,the Transportation Department) the
authority to deem an application "denied" without BCC consideration. The Florida Legislature
specifically delegated this decisional authority to the BCC under Sections 336.09 and 336.10, Fla. Stat.
The BCC went beyond its delegated authority when it created a rule (the Policy) that passes this
authority on to its Staff(Transportation Department) who may "deny" an application by refusing to
grant a "no objection" letter.
Please reconsider your legal position here.
If this item is removed from the 5/26 BCC meeting agenda on the grounds of Procedure C(2)(j), I will
recommend to my client that he pursue a Rule Challenge under,APA Section 120.56(1), (3), Fla. Stat.,
seeking to deem the Policy an illegal rule, which section also authorizes attorney's fees pursuant to
Section 120.595, Fla. Stat. I think you would agree that standing would not be an issue for my client in
this administrative matter.
Sincerely,
Steve Bracci
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9/22/2015 12.A.
From: KlatzkowJeff[mailto:JeffKlatzkow@colliergov.net]
Sent:Thursday, May 14, 2015 3:33 PM
To: Steve Bracci;CasalanguidaNick; BermanMarcus
Cc: McLeanMatthew; StoneScott; ScottTrinity; PuigJudy; BrockMarylo
Subject: RE:VAC-PL20140001887 Vacation of 15th Street
All: As set forth in the attached Board approved Policy and Procedures for vacating ROW(implemented by
Resolution 13-166),without staff approval the application is deemed denied.Accordingly,this item will not be
going to the Board because I cannot approve it as to form and legality.
Jeffrey A. Klatzkow
County Attorney:Pi
(239)252-2614
From: Steve Bracci [mailto:steve(abraccilaw.com]
Sent: Thursday, May 14, 2015 2:59 PM
To: CasalanguidaNick; BermanMarcus
Cc: McLeanMatthew; StoneScott; ScottTrinity; PuigJudy; KlatzkowJeff; BrockMarylo
Subject: RE: VAC-PL20140001887 Vacation of 15th Street
Ms. Casalanguida - I am aware that it is subject to Board approval. Thus the reason it is on the Board
agenda. Your response below does not change the fact that Staff is taking a "de facto moratorium"
approach here, based on the perpetually ongoing S.R. 29 design plans. Your staff knew of this 10
months ago, and never once informed us of this concern. The suggestion that this is part of a "multi-
step process that increases in review parameters" is not consistent with the facts here.
I look forward to receiving a copy of the S.R. plans and the FDOT contact info earlier requested. As to
the S.R. 29 plans, I only need the segment that affects the subject ROW vacation request.
Sincerely,
Steve Bracci
Steven J. Bracci, PA,Attorney at Law, 9015 Strada Steil Court, Suite102, Naples, Florida 34109
Office: (239) 596-2635; Fax: (239)431-6045; email: steve@braccilaw.com
THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED
FOE THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE, ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE
PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY
ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS
Packet Page -461-
9/22/201512.4.
STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE OR METADATA IS INTENDED. IF THE READER OF THIS
MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR
COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,
PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER.
From: Caoo|anguidaNick [moi|to:Nick[asa|onguWa@cnUienAovoet]
Sent:Thursday, May 14, 2015 1:50 PM
To:Steve Bracci; BermanMarcus
Cc: McLeanMatthew;StoneScott; Scott Trinity; Pui8]udy; K|atzkowdeft 800ckK8arydo
Subject: RE:VAC-PL20140001887 Vacation of 15th Street
Mr. Bracci,
A request for vacation has no surety in the process until it is finally adopted or denied by the Board. It is
a multi-step process that increases in review parameters as it gets closer to hearing.The state and the
county are unified when it comes to transportation planning. I will be recommending denial until such
time that the state has completed the design to 60% plans and all parties have reviewed every
opportunity to make the best use of the property.
Respectfully,
Nick
From: Steve Braod [mai|to:steve@bscci|avv.com]
Sent:Thursday, May 14, 2015 11:53 AM
To: CasalanguidaNick; Berman Marcus
Cc: McLeanK8atthew; StoneScott; ScottTrinity; Puig]udy; K|atzkomdeff; 8rockMary]o
Subject: RE:VAC-PL20140001887 Vacation of 15th Street
Mr. [asa|angui6a —|fthatiss1affsposition'thenthisshou|dhavebeencaugh1gmonths ago and it is a
major disservice to my client who may now have wasted months worth of effort and cost. The State's
possible,theoretical use of an intersecting roadway should not materially impact any county decision on
a platted roadway,that was platted decades ago, that was never constructed, and that is surrounded by
other similar planed R0VVs long-since vacated by the County.
Trinity Scott clearly informed me that she expects to receive confirmation from FDOT next week that it
does not need this r,arrow 60' strip of land, which leads to nowhere. I ask that you or Trinity please
provide me with the name and contact information for the FDOT representative who Ms. Scott is
communicating with. Query: Does the County have the most recent design for SR. 29? I would think it
must be pretty complete since Ms Scott informed me that they have been modelinc it for 8 years now.
as tuat staff forward tOe oesign to me if you nave it.
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9/22/2015 12.A.
I will discuss matter this further with my client, but for now please keep it on the agenda with whatever
recommendation staff feels is necessary. I do ask that you clarify that this is the ONLY grounds for
denial.
Sincerely,
Steve
From: CasalanguidaNick [mailto:NickCasalanguida @coliiergov.net]
Sent:Thursday, May 14, 2015 11:40 AM
To: Steve Bracci; BermanMarcus
Cc: McLeanMatthew; StoneScott; ScottTrinity; PuigJudy; KlatzkowJeff; BrockMaryJo
Subject: RE:VAC-PL20140001887 Vacation of 15th Street
Mr. Bracci,
Staff is modifying the agenda item to recommend denial. I am not aware that FDOT or the staff would
change their mind or make it conditional at this time.
The area is going through a PD&E and design has not begun. My recommendation would be to either
deny this request or defer it until the design for the roadway is complete. A conditional approval would
not be in our best interest. Again, I apologize for the inconvenience.
Respectfully,
Nick
From: Steve Bracci [mailto:steve @braccilaw.com]
Sent:Thursday, May 14, 2015 11:05 AM
To: CasalanguidaNick; BermanMarcus
Cc: McLeanMatthew; StoneScott; ScottTrinity; PuigJudy; KlatzkowJeff; BrockMaryJo
Subject: RE:VAC-PL20140001887 Vacation of 15th Street
Mr. Casalancuida —Can we propose the following: The County keeps the item it on agenda with a
r e:. nmenoat c,, of denial, that the denial is based only on the fact that FDOT has not yet
communicated its non-objection. Then, if Trinity Scott gets the 'OK" from FDOT which she expects next
week, Staff can then inform the Board that the only ground for denial has now been satisfied. This
keeps the item on the agenda. If, in the meantime, the parties think it is best that the item gets pulled
prior to 5/26, you still have the flexibility to do that.
if this approach will work, that would be our preference.
Thank you for your response,
Steve ta.V_ E.�Br ac.,c
Packet Page -463-
9/22/2015 12.A.
From: CasalanguidaNick[mailto:NickCasalanguida@colliergov.net]
Sent:Thursday, May 14, 2015 11:00 AM
To: Steve Bracci; BermanMarcus
Cc: McLeanMatthew;StoneScott; ScottTrinity; PuigJudy; KlatzkowJeff; BrockMaryJo
Subject: RE:VAC-PL20140001887 Vacation of 15th Street
Importance: High
Mr. Bracci,
If you wish to have this item heard at this upcoming meeting, staff will be modifying their
recommendation to denial based on identified needs from FDOT. I am disappointed this was not caught
sooner, but it would be irresponsible of us to support the vacation. Please let me know how you wish to
proceed.
Marcus,
I need this modified with an updated staff recommendation and updated considerations today please,
by COB.
Respectfully,
Nick Caslanguida
From: Steve Bracci {mailto:steve @braccilaw.com]
Sent:Tuesday, May 12, 2015 10:49 AM
To: BermanMarcus
Cc: McLeanMatthew; StoneScott; ScottTrinity;CasalanguidaNick; PuigJudy
Subject: RE:VAC-PL20140001887 Vacation of 15th Street
All -this will confirm my conversation with Trinity Scott this morning. The County has raised the issue of
FDOT's possible widening of S.R. 29 based on modeling that has been ongoing for the past 8 years. It
seems this issue should have been raised back in August 2014 when the application was submitted,
rather than 15 days prior to final BCC confirmation. The County is raising the possibility that the 15th
Street ROW might be needed by FDOT for use as a drainage pond. I do not see how a drainage pond can
be placed on a right-of-way since it must continue to allow for vehicular traffic. Further, I do not see
how a 60 foot wide strip can effectively be used as a drainage pond, because it is too narrow for such a
use. Finally, I do not see how a possible, theoretical future use should hold up an application such as
this.
It is my clients strong preference that the ROW vacation item remain on the 5/26 agenda, because my
client has other immediate planning needs for finality on this issue. Ms. Scott informed me that She is in
touch with Gwen Pickton (sp?) at FDOT and hopes to hear back from her next week, confirming that
FDOT has no need for the ROW. It this in fact occurs,then we will have the answer and can proceed
Packet Page -464-
9/22/2015 12.A.
forward at the 5/26 BCC meeting without delay. It therefore seems premature to pull the agenda item
at this point.
If it must be pulled, Ms. Scott confirms that the county's goal is to have it placed on the 6/9 agenda. I
reminded Ms. Scott that the county would also need to look at the requisite time periods for any
requisite published notice on this item. We would not want to be in a position where this item gets
pushed out past the BCC's summer break in meeting schedule.
I am available for further discussion on this matter.
Sincerely,
Steve Bracci
Steven J. Bracci, PA,Attorney at Law, 9015 Strada Steil Court, Suite102, Naples, Florida 34109
Office: (239) 596-2635; Fax: (239)431-6045; email: steve @braccilaw.com
THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED
FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE
PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY
ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS
STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE OR METADATA IS INTENDED. IF THE READER OF THIS
MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR
COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEEIVED THIS COMMUNICATION IN ERROR,
PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER.
From: BermanMarcus [mailto:MarcusBerman@colfiergov.net]
Sent: Monday, May 11, 2015 3:55 PM
To: Steve Bracci
Cc: McLeanMatthew;StoneScott; ScottTrinity; CasalanguidaNick; PuigJudy
Subject: VAC-PL20140001887 Vacation of 15th Street
Steve,
The application to vacate 15th street has been pulled from the May 26th BBC agenda
and put on hold. This has been done to allow staff time for clarification from FDOT on
the status of SR-29 expansion. Trinity Scott will be reaching out to FDOT this week.
Once we have additional information, we will be in position to continue processing the
vacation application.
Judy,
The item is #15047, 17.A.
/ areus 4 Sie wa7, f c'./t(.
Packet Page -465-
9/22/2015 12.A.
County Land Surveyor
Development Review Division
Growth Management Department
Office: (239)252-6885
Please consider the environment before printing this email.
Packet Page -466-
9/22/2015 12.A.
FY 2014 / 2015 Action Plan
Jeffrey A. Klatzkow, County Attorney
The County Attorney is charged with the responsibility of planning, directing and reviewing the
activities and operations of the Office of the County Attorney. The County Attorney is the legal
advisor and counsel for the Board of County Commissioners, its advisory boards and advisory
committees. The County Attorney also provides legal counsel to and assists the County Manager
and his agencies in order to facilitate the goals and objectives established for the County
Manager by the Board of County Commissioners.
The County Attorney, through the assistant county attorneys and supporting staff, represents the
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard, the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts. real property conveyance documents and
other Board signatory documents.
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. By custom, this
performance has been measured against performance objectives set forth in that year's annual
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are
then totaled and averaged to determine the Board's collective position.
The following is the County Attorney's Action Plan for the 2014-2015 Fiscal Year. The Action
Plan is based on the broad areas generally expected to be performed by the Managing Partner of
a significant law firm, including: legal advice; leadership and organizational direction;
communications; fiscal management: and personnel management.
[COA60/1 201727/1] Page 1 of 9
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9/22/2015 12.A.
Goals for Fiscal Year 2014-15:
I will continue to initiate changes to create a more efficient work environment. This will include
hiring and retaining the best employees, focusing on how to conduct business with better
customer service results, and making internal changes that result in a more efficient and effective
work product. The County Attorney Office has completed its restructuring to assure that
Requests for Legal Services are completed promptly, and that there will be overlapping areas of
expertise within the Office. To increase our efficiency, this effort will require further
improvements in our planning, assignment of responsibilities, and establishment of
accountability to assure continued enhancement within the Office.
Specific areas that I propose as part of next year's action plan are:
I. Oral Presentations at Meetings. I will continue to work to assure that both the County
Attorney's and the County Attorney Office's presentations at Board of County
Commissioners' meetings, advisory board meetings, and workshops are clear, concise and
effective. All presenters will be charged with making presentations that avoid legalese and
focus on the legal issue in a simple, understandable and brief manner.
Self Analysis:
No change from prior years. This Office will continue to endeavor to follow former County
Manager Jim Mudd's approach of the three B's with respect to Board presentations: that
"you be Brief. be Brilliant. and Be gone."
Commissioner Comments: The advice provided on several occasions has been incorrect to the
detriment of the county. See also comments below under"Written Opinions"
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 1
[COA60/1 20 1 72 7/1] Page 2 of 9
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9/22/2015 12.A.
Written Legal Advice. Both the County Attorney and the County Attorney Office will provide
professional, objective, unbiased legal advice to the Board of County Commissioners, its
advisory boards and committees, the County Manager and his agencies and employees as
necessary for formulation and implementation of legislative policies and projects. Responses
will avoid legalese and focus on the legal issue in a simple, understandable and brief manner.
Self Analysis:
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point.
Commissioner Comment: Legal advice should not be influenced be what constitutes a majority
opinion of the BCC. Said another way, legal opinions cannot be based on 1-2-3. All known
facts should be considered when providing a legal opinion. The legal opinion/direction rendered
regarding the bank contract is a case in point - the Clerk engaged in bid manipulation which
could not be cured by board ratification. Further, there were no exigent circumstances to allow
for ratification since the county's banking services were not going to be interrupted given the
then bank's agreement to continue services pending a re-solicitation.
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 1
Processing Requests for Legal Services. This year. this Office's response time to Requests for
Legal Services (RLS's) continued to exceed 90% of all RLS's being processed within 48 hours.
There will always be a number of legal assignments. due to their complex nature, that take weeks
and even months to complete. Accordingly. this Office will continue to achieve a 48-hour (or
less) turnaround time on 90% of all future Requests for Legal Services received from the Board
of County Commissioners and County Manager agencies. A report will be run from Client
Profiles (this Office's data management system) to determine turnaround time. This will include
preparation and review of documents for legal sufficiency prior to consideration by the Board of
County Commissioners for Board action, including, but not limited to, agreements. contracts,
[COA60/1 201 727/1] Page 3 of 9
Packet Page -469-
9/22/2015 12.A.
deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County
Commissioners,the County Manager, or the staff.
Self Analysis:
The response time to Requests for Legal Services (RLS"s) this year was 90% of all RLS's
being processed within 48 hours. As always, a number of legal assignments, due to the
complex nature, take weeks and even months to complete. I believe the Office has fully
achieved my goals in this area, the results of which are demonstrated in the next Goal and
Objective, which is Client Satisfaction /Peer Review.
Prior to becoming the County Attorney for the period April through June 2007, the average
turnaround for an RLS was 11 days. with 3% of all RLS's being processed in 48 hours or
less. Smaller samples taken from prior years showed that an 11-day turnaround had been a
longstanding practice with the Office.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office.
In furtherance of this goal, I have instituted a practice in which performance evaluation reports
are sent to the various Department Heads and Managers each year to assess the performance of
each attorney in the Office. The reports rate the attorneys on a I to 3 scale, with 1 being Below
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are
then totaled and averaged to determine this Office's collective score. with a goal of 75% rating
level for exceeding expectations. Client reviews will factor into each of the Assistant County
Attorney's performance evaluations.
Self Analysis:
{COA60/1201 727/1] Page 4 of 9
Packet Page-470-
9/22/2015 12.A.
Again this year. an Attorney-Client Feedback form was provided to the County Manager,
Deputy County Manager, Department Heads and select Managers, to solicit their opinions
regarding the services they receive from the County Attorney Office. These results are
utilized to shift workloads if departments are not satisfied with our services; they are also
utilized in the attorney's individual annual performance evaluations, and in restructuring
decisions.
The following is a chart showing a comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014
and 2015 overall client feedback. As you can see, during my tenure as County Attorney we
have virtually eliminated the "Does Not Meet" portion of the evaluation. This year this
Office attained a 63% "Exceeds" expectation, with 35% "Meets" expectations.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
i 2 3
Rating 2
Fiscal Management. I will continue to develop and effectively administer an annual budget for
the Office of the County Attorney in conformance with policies adopted by the Board of County
Commissioners, while at the same time improving the quality of this Office.
Self Analysis:
On a net cost to general fund analysis. this Office has reduced expenditures from S3.097,300
in FY 2009. to the current request of 52,340.600 for FY 2016. while eliminating sixteen
positions in that same time period. As set forth in the following chart, during that period this
Office met or exceeded Board budget direction.
The reduction in personnel was accomplished with no loss in service due to a general decline
in County business, by cross-training the assistant county attorneys and staff, and by
reassigning work to higher performers. With County business now accelerating, on a going
forward basis. I expect future personnel loss will be through normal attrition, with the Office
[COA60/1201727/1] Page 5 of 9
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9/22/2015 12.A.
slowly growing at a similar pace to the County Manager's Agency. New personnel will be
hired with an emphasis towards long-term succession planning.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
Public Records and Sunshine Law. This Office will continue to educate and update County staff,
and advisory board members through periodic workshops/seminars, (e.g. Sunshine Law, Public
Records Act, State and local ethics law). This Office will also conduct seminars with staff on
various topics of interest.
Self Analysis:
As of the end of August 2014, this Office will have made 6 presentations/workshops/
seminars to County staff and advisory board meetings.
1 . January 21. 201 5 — Sunshine Law, Public Records and Ethics training for Isles of Capri
Advisory Committee;
2. January 21. 2015 — prepared a video of above presentation for Port of the Isle and
Ochopee Fire Districts;
3. February 5. 2015 — attended Second Annual Ave Maria School of Law Government and
Public Interest Career Fair:
4. February 6. 2015 — Colleen Greene, Assistant County Attorney volunteered as a judge in
the Collier County Bar Association Mock Trial Competition:
5. March 17. 2015 — Sunshine Law training. for MPO PAC:
6. August 19. 2015 — presentation to the Public Utilities Division regarding performance
Evaluations and Discipline.
Our Power Point presentations relating to Government in the Sunshine. Public Records Act.
Ethics Laws and Social Networking are available on the Internet at www.colliergov.net on the
County Attorney web page for viewing by advisory board members. staff and the public.
Commissioner Comment:
Below I Meets Exceeds
Standards I Standards I Standards
1 2 3
Rating 3i
[COA60/1201727/1] Page 6 of 9
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9/22/2015 12.A.
Litigation. We will continue to effectively and efficiently manage litigation using primarily in-
house counsel and secondarily through the use of outside counsel as needed. We will keep the
Board abreast of the County's litigation through quarterly reports for the Board with respect to
current litigation, including potential or anticipated legal issues that may come before the Board
of County Commissioners.
Self Analysis:
This Office manages a substantial amount of Iitigation. To keep the Board informed, a
number of years ago I commenced the process of providing the Board with quarterly reports
of our litigation activity. As of the July 2015 Litigation Report, there are at present a total of
224 open cases, the bulk of which concern foreclosures (166) and eminent domain (34). For
comparison, in our first Quarterly Report of March 2009 there were 255 open cases. the bulk
of which concerned bankruptcy and foreclosures (151) and eminent domain (40). Major
litigation is essentially half today as it was then. With the acceleration in County business. I
expect civil litigation to increase as well A copy of the latest Litigation Report in attached.
Commissioner Comment: While the volume of litigation has decreased , several unfavorable
rulings is evidence of either incorrect legal advice provided to the BCC at the outset , or weak
representation by (in house/outside) counsel. Greater care should be given in advising the board
and/or selection of litigation counsel.
Below Meets Exceecs
Standards { Standards Standards
2 3
Rating 2
[COA60/1 20 1 727/1] Page 7 of 9
Packet Page-473-
9/22/2015 12.A.
Advertising. We will continue to ensure that all Public Hearings and ordinances are properly
advertised.
Self Analysis:
Beginning in 2009, with the assistance of the County Manager's Office and the Clerk to the
Board, this Office has monitored all legal advertisements for public hearings before the
Board of County Commissioners. The purpose was to ensure that all legal ads met statutory
and Code requirements and made part of the record as back-up material for the agenda item.
Since then, our oversight has expanded to include legal ads for the Planning Commission.
In addition to working with departments in drafting legal ads. our Office receives copies of
all ad requests, which are reviewed by the assigned attorney before they are forwarded to the
Naples Daily News. Support staff then verifies that the ads are published correctly. Our goal
in taking on this responsibility is to avoid the delays, waste. and the potential for legal
challenge associated with defective advertising. We also actively seek to reduce costs by
combining. ads where possible and by not running ads that are not required.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 2
Agenda Items. We will continue to ensure that all Board approved contracts, ordinances, plats
and other documents are properly processed, recorded, and codified with Municode.
Self Analysis: We have been fully successful in monitoring and processing Board approved
documents from approval. Chairman signature. delivery to the Clerk to the Board and
submission to Municode for codification as appropriate.
Commissioner Comment:
Below Meets Exceeds
Standards I Standards Standards
1 2 3
Rating 2
[C0.460/1201727/1] Page 8 of 9
Packet Page-474-
9/22/2015 12.A.
Advisory Boards. This past year the Board tasked this Office to manage its Advisory Boards.
We continue to advertise new openings and bring appropriate Executive Summaries to the
Board.
Self Analysis: We have successfully integrated and managed this task with existing staff.
We coordinate with the Communications and Customer Relations Division to make sure that
the new openings are posted and the current information is posted on the County's website.
We coordinate with the various advisory board liaisons to get recommendations for
appointments, resignations, etc. We then bring the items to the Board of County
Commissioners for consideration. We are working to update the old Access database to
assure no loss of data and seamless conversion of data.
Commissioner Comment:
Below I Meets I Exceeds
Standards Standards Standards
1 2 3
r
Rating 2
[COA60/1 20 1 727/1] Page 9 of 9
Packet Page -475-
9/22/2015 12.A.
COUNTY ATTORNEY FY 2014 - 2015 ACTION PLAN /
EVALUATION SUMMARY OF RATINGS
COMMISSIONER
ITEM FIALA HILLER HENNING NANCE TAYLOR AVERAGE
Oral
Presentations at
Meetings 2.00 1.00 2.00 3.00 2.00 2.00
Written Legal
Advice 2.00 1.00 1.00 3.00 3.00 2.00
Processing
Requests for
Legal Services 3.00 3.00 2.00 3.00 3.00 2.80
Client
Satisfaction /
Peer Review 3.00 2.00 2.00 3.00 3.00 2.60
Fiscal
Management 3.00 3.00 2.00 3.00 3.00 2.80
Public Records
and Sunshine
Law 3.00 3.00 2.00 3.00 2.00 2.60
Litigation 3.00 2.00 2.00 3.00 3.00 2.60
Advertising 3.00 2.00 2.00 3.00 2.00 2.40
Agenda Items 2.00 2.00 2.00 3.00 2.00 2.20
Advisory Boards 3.00 2.00 2.00 3.00 2.00 2.40
Averages Per
Commissioner i 2.70 , 2.10 1.90 3.00 2.50
I Overall Average 2.44 1
coa60/152
Overall Percentage 81%
Packet Page -476-
9/22/2015 15.A.
Proposed Future Workshop Schedule
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
1:00 p.m.
October 6, 2015
Complete Streets Presentation
Median Landscape Options
Sidewalks/Pathways
November 3, 2015
Sustainable Integrated Water Resource Management
H-drive/bcc change sheet/future workshop topics sire item
Packet Page -477-
9/22/2015 15.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 15.15.A.
Item Summary: Current BCC Workshop Schedule.
Meeting Date: 9/22/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
9/8/2015 2:54:33 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMarvJo
9/8/2015 2:54:34 PM
Approved By
Name: BrockMarvJo
Title: Executive Secretary to County Manager, County Managers Office
Date: 9/8/2015 2:57:10 PM
Packet Page -478-
EXECUTIVE SUMMARY 9/22/2015 16.A.1 .
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Via Veneto Application Number AR-9668 with the roadway and drainage
improvements being privately maintained and authorizing the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final approval of
the improvements associated with the Via Veneto plat, and release the maintenance security in
the amount of$122,027.56.
CONSIDERATIONS:
1) On December 26, 2007, the Growth Management Department granted preliminary
acceptance of the roadway and drainage improvements in Via Veneto.
2) The roadway and drainage improvements will be maintained by the project's
homeowner's association.
3) The required improvements have been constructed in accordance with the
Land Development Code. The Growth Management Department has inspected the
improvements and is recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared and approved by the County
Attorney's Office. The resolution is a requirement of Section 10.02.05 C.3 of the Land
Development Code. A copy of the document is attached.
5) This project is within the Wentworth Estates PUD (Ordinance No. 2003-51) and has been
found to be in substantial compliance.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the
projects homeowner's association. The existing security in the amount of $122,027.56 will be
released upon Board approval. The original security in the amount of$1,187,285.45 has been
reduced to the current amount based on the previous work performed and completed pursuant to
the terms of the Construction and Maintenance Agreement dated September 27, 2006.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval. - SAS
RECOMMENDATION: Recommendation that the Board grant final acceptance of the
roadway and drainage improvements in Via Veneto Application Number AR-9668. and
authorize;
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements.
2. The Clerk of Courts to release the maintenance security.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division,
Growth Management Department
Attachments: 1) Location Map, 2) Bon(Packet Page 479-)lution
9/22/2015 16.A.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.1.
Item Summary: Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Via Veneto Application Number AR-9668 with the
roadway and drainage improvements being privately maintained and authorizing the release of
the maintenance security.
Meeting Date: 9/22/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Growth Management Department
8/13/2015 11:23:57 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/13/2015 4:41:50 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/13/2015 4:42:33 PM
Name: McLeanMatthew
Title:Project Manager,Principal, Growth Management Department
Date: 8/14/2015 1 1:01:06 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 8/22/2015 10:53:29 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 9/2/2015 2:51:16 PM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Packet Page-480-
9/22/2015 16.A.1 .
Date: 9/3/2015 11:45:22 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/4/2015 1:30:23 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/8/2015 1:59:24 PM
Packet Page-481-
9/22/2015 16.A.1 .
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Packet Pag e
-482-
9/22/2015 16.A.1 .
Via Veneto-Engineer's Opinion of Probable Costs
VK Development,INC.-JEI#-20023436-100
Potable Water
Item _ Unit I Qty. 1 Unit Cost Cost
6"PVC LF 684 15.76 $10,779.84
8"PVC LF 1,109 $24.25 $26,893.25
Single Water Service Connection EA 5 $374.03 $1,870.15
Double Water Service Connection EA 22 $550.00 $12,100.00
Sampling Point EA 1 $810.00 $810.00
8"-22.5 Deg.Bend EA 3 $700.00 $2,100.00
6"-22.5 Deg.Bend EA 2 $537.00 $1,074.00
8"-45 Deg.Bend EA 4 $700.00 $2,800.00
6 -45 Deg.Bend EA 1 $537.00 $537.00
8"-11.25 Deg.Bend EA 13 $700.00 $9,100.00
6"-11.25 Deg.Bend EA 1 $537.00 $537.00
8"x 6"Reducer EA 2 $700.00 $1,400.00
8"Tee EA 4 $700.00 $2,800.00
6"Tee EA 2 $537.00 , $1,074.00
8"Gate Valve w/box EA 5 $999.00 $4.995.00
6"Gate Valve w/box EA 3 $750.00 $2,250.00
6"Blow-off Valve EA 1 $800.00 $800.00
,8"Hydrant Assembly wNalve EA 5 _ $2,600.00 $13,000.00
Sub-Total $94,920.24
Sanitary Sewer
Item Unit Qty. Unit Cost Cost
8"PVC-SDR 26(3'-8'Deep) LF ,.. 1.219 $26.00 $31,694.00
8"PVC-SDR 26(10'-14'Deep) LF 409 , $42.00 $17.178.00
4'Sanitary Manhole(3*-8'Deep) EA 8 33,500.00 $28,000.00
4'Sanitary Manhole(8'-10'Deep) EA ,,„ 1 $4,000.00 $4,000.00
4'Sanitary Manhole(10'-14'Deep) EA . 1 $4,500.00 $4,500.00
Sewer Service Connection EA 28 $1.200.00 $33,600.00
Sub-Total $118,972.00
irrigation Water(Transmission Mains)
Item Unit 1 Qty. Unit Cost Cost
8"PVC LF 360 $1576 $5,673.60
4"PVC , LF 1.551 $24.25 , $37,611.75
4"Air Release Valve EA 1 $800.00 5800.00
4"Blow-off Valve EA 3 $400.00 $1,200.00
4"-11.25 Dee.Bend EA 5 $259.00 $1,295.00
4"-22 5 Deg Bend EA 9 $259.00 $2,331.00
I
4"-45 Deg.Bend EA 2 $259.00 $518.00
8"x4"x4"Tee EA 1 $700.00 $700.00
4"Tee EA 2 3259.00 $518.00
8"Gate Valve w/box EA 1 $999.00 $999.00
4"Gate Valve Mbar EA 9 $600.00 $5.400.00
Irrigation Service Connection EA 49 $200.00 59.800.00
Sub-Total $66,846.35
1 TOTAL= $753,962.14 ‘
10%of all improvements $75,396.21
..100%of remaining improvements $46.631.35
(Second Lift of Asphalt and sidewalks)
Total amount New Bond to be issued
t:DR 1 I' 2008 for $122.027.56
D, / - -
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Packet Page -483----"---.-4
9/22/2015 16.A.1 .
4/14/LUUti
Via Veneto-Engineer's Opinion of Probable Costs
VI<Development.INC.-JEI#-20023436-100
General Costs
Item
Irrigation(Distribution System)
-
I ULsnit Qty.. I Unit Cost
LF 5,700
LS 1
LS
1
$10,000.00
51.00 Cost
Mobilization
$10,000.00
Slit Fence
$5,700.00
Landscaping I
596,055.00 596,055.00
$43,640.00 543,640.00
Site Lighting LS 1
$36,000.00 536,000.00
Sub-Total $191,395.00
Roadway
Item Unit Qty. Unit Cost Cost
Asphalt Pavement(1.5"Type S-3) SY 4,940 $4.47 $22,081.80
4"Concrete Base for Pavers SY 209 $23.35 $4,880.15
Brick Pavers SY 209 $35.00 $7,315.00
Limerock Base(8'LBR 100) SY 5,644 $8.85 $48,820.60
Stabilized Subgrade(12"LBR 40) SY 6.823 $1.75 $11,940.25
5'Concrete Sidewalk SY 1,667 $21.35 $35,590.45 ,
Valley Curb&Gutter LF 3.410 $6.25 $21,312.50
Concrete Paver Retainer Wall(1F x 18") CY 10 $21.35 $213.50
_Sionage and Stripping LS 1 $5.000.00 $5,000.00
Sub-Total 5157,154.25
Drainage
Item _
Unit
EA
EA
EA
EA
Qty.
6
2
,
1
Unit Cost , Cost
Curb Inlet(Valley)
$2.231.25 $17,850.00
Type"C"Inlet
$2,379.59
$500.00 $4,759.18
Yard Drain
$500.00
Junction Box
$2,500.00 $2.500.00
42"HEADWALL EA 2
53,350.00 $6,700.00
18"HEADWALL EA 1 $1,954.00 $1,954.00
15"HEADWALL EA , 1 $1,500.00 $1,500.00
Pipe, 15"RCP LF 372 $26.46 59.843.12
Pipe, 18"RCP LF 604 $30.00 $18,120.00
Pipe,42"RCP LF 513 596.00 549.248.00
Pipe 12"x 18"ERCP LF 26 5250.00 56.500 00 .
12"HOPE PIPE LF 208 $25.00 $5,200.00
Sub-Total $124,674.30
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Packet Page -484-
9/22/2015 16.A.1.
,ti IYrsuvo
Via Veneto-Engineer's Opinion of Probable Costs
VK Development,INC.-JEI.1-20023436-100
General Costs
Item I Unit I Qty. Unit Cost J Cost
Mobilization LS 1 $10.000.00 $10,000.00
Silt Fence LF 5,700 $1.00 $5,700.00
Landscaping LS ' 1 $96,055.00 $96,055.00
Irrigation(Distribution System) LS 1 $43,640.00 $43,640.00
Site Lighting LS 1 $36,000.00 $36,000.00
Sub-Total 5191,395.00
Roadway
item Unit Qty. Unit Cost Cost
Asphalt Pavement(1.5"Type S-3) SY 4,940 $4.47 522.081.80
4"Concrete Base for Pavers SY 209 $23.35 $4,880.15
Brick Pavers SY 209 $35.00 $7,315.00
Limerock Base(8"LBR 100) SY 5,644 $8.65 $48,820.60
Stabilized Subgrade(12"LBR 40) SY 6.823 $1.75 $11,940.25
5'Concrete Sidewalk SY 1.667 $21.35 $35,590.45
Valley Curb&Gutter LF 3,410 $6.25 $21,312.50
Concrete Paver Retainer Wall(18"x 18") CY 10 $21.35 £213.50
Sionage and Stripping LS 1 $5,000.00 - $5.000.00
Sub-Total 5157,154.25
Drainage ..
Item Unit Qty. Unit Cost Cost
Curb Inlet(Valley) EA 8 $2,231.25 $17.850.00
Type"C"Inlet EA 2 $2.379.59 $4,759.18
Yard Drain EA i $500.00 $500.00
Junction Box. EA 1 $2.500.00 $2.500.00
42"HEADWALL EA 2 $3.350.00 $6,700.00
18"HEADWALL EA 1 $1.954.00 $1.954.00
15"HEADWALL EA 1 $1,500.00 $1.500.00
Pipe.15"RCP LF 372 $26.46 I $9,843.12
Pipe.18"RCP 1 LF 604 $30.00 I 518,120.00
Pipe.42"RCP j LF 513 $96.00 849.248.00
Pipe, 12"x 18"ERCP 1 LF 1 26 I 8250.00 $6,500.00
112"HOPE PIPE LF 1 206 1 525.00 I 55.200.00
Sub-Total 5124,674.30
APR e .. 2008
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ENGINEERING Packet Page -485-
9/22/2015 16.A.1 .
Via Veneto- Engineer's Opinion of Probable Costs
VJK Development,INC.-JEI:,-20023436-100
Potable Water
item Unit Qty. Unit Cost Cost
6"PVC LF 684 15.76 $10,779.84
8"PVC LF 1,109 $24.25 $26,893.25
Single Water Service Connection EA 5 $374.03 $1,870.15
Double Water Service Connection EA 22 $550.00 $12,100.00
Sampling Point EA 1 $810.00 $810.00
8"-22.5 Deg.Bend EA 3 $700.00 £2,100.00
6"-22.5 Deg.Bend EA 2 $537.00 $1,074.00
8"-45 Deq.Bend EA 4 $700.00 $2.800.00
6"-45 Deo.Bend EA 1 $537.00 $537.00
8"-11.25 Deg.Bend EA 13 $700.00 59,100.00
6"-11.25 Deg.Bend EA 1 $537.00 $537.00
8"x 6"Reducer EA 2 $700.00 $1,400.00
8"Tee EA 4 $700.00 $2,800.00
6"Tee EA 2 $537.00 $1.074.00
8"Gate Valve w/box. EA 5 $999.00 $4,995.00
6"Gate Valve wfbox EA 3 $750.00 £2,250.00
6"Blow-off Valve EA 1 $800.00 $800.00
8"Hydrant Assembly wNatve EA 5 $2.600.00 $13,000.00
Sub-Total $94,920.24
Sanitary Sewer
Item Unit Qty. Unit Cost Cost
8"PVC-SDR 26(3'-8'Deep) . LF 1,219 $26.00 $31,694.00
8"PVC-SDR 26(10'-14'Deep) LF 409 $42.00 $17,178.00
4'Sanitary Manhole(3'-8'Deep) EA 8 $3.500.00 $28.000.00
4'Sanitary Manhole(8'-10'Deep) EA 1 $4,000.00 54.000.00
4'Sanitary Manhole(10'-14'Deep) EA 1 $4.500.00 $4,500.00
Sewer Service Connection 1 EA I 28 I S1,200.00 $33.600.00
Sub-Total $118,972.00
Irrigation Water(Transmission Mains)
Item i Unit I Qty. I Unit Cost I Cost
18"PVC LF 360 $15.76 ' $5,673.60
4"PVC LF 1.551 $24.25 $37.611.75
4"Air Release Valve EA 1 $800.00 I S800.00
1
4"Blow-off Valve EA 3 $400.00� I $1,200.00
4"-11.25 Deg.Bend EA 5 $259.00 $1,295.00
4"-22.5 Deg.Bend EA 9 $259.00 $2,331.00
4"-45 Deg.Bend BA I 2 $259.00 $518.00
8"x4"x4"Tee EA 1 - $700.00 $700.00
4"Tee EA 2 $259.00 $518.00
b"Gate Valve wfbox EA I 1 I $999.00 $999.00
4"Gate Valve w,ibox I EA I 9 { $600.00 I 55.400-00
Irrigation Service Connection I EA I 49 , $200.00 I $9.800.00
Sub-Total $66,846.35
I TOTAL = $'753.962.14 I
10%of all improvements 575,396.21
1fl0°/orof remaining improvements $.6i,6631.35
(Second Lift'of-Asphalt and sidewalks)
Total amount New Bond to be issued
A,R 1 1! 2008 for $122.027.56
JOHNS ,, i„, i
ENGINEERING .
Packet Page -486---
9/22/2015 16.A.1 .
RESOLUTION NO. 15-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN VIA VENETO,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 47, PAGES 15
THROUGH 17; RELEASE OF THE
MAINTENANCE SECURITY
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 12, 2006, approved the plat of Via Veneto for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WI IEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHFREAS. the Natural Resources and Engineering Services Division has
inspected the roadway and drainage improvements, and is recommending acceptance of
said ideiliti:
NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
U'v1Iy1ISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted dat those roadway and drainage improvements in Via Veneto. pursuant to the plat
thereof recorded in Plat Book 47, pages 15 through 17, and the Clerk is hereby authorized
to cicase the maintenance security.
Packet Page -487-
9/22/2015 16.A.1 .
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Via Veneto will be maintained privately in the future and will not
he the responsibility of Collier County.
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2015.
I),A."fl : BOARD OF COUNTY COMMISSIONERS
ATTL'IS"I : COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
Packet Page -488- ry.