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Agenda 09/27/2011 Item #11AAgenda Changes Board of County Commissioners Meeting September 27,2011 Item 9B: Vacancy for District 2 Planning Commissioner to be re-advertised and continued to a subsequent BCC Board Meeting. (Commissioner Hiller's request) Add Item 9D: Recommendation to appoint 2 Commissioners as regular members, 3 Commissioners as alternate members to the Value Adjustment Board. Per Ordinance Number 2011-17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. (Requested by the Executive Manager of the BCe) Item lOA: Add Commissioner Hiller's evaluation of the County Manager to this agenda item. Per Ordinance Number 2011-17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. Continue Item 10D to the October 11. 2011 BCC Meeting: Recommendation to approve and ratify staffs unauthorized Zero Dollar Time Extension Change Order for Professional Engineering Services with Atkins North America, Inc. (previously known as PBS&J) to Work Order No. 4500100227 in order to process final invoice for work completed for "Clam Pass/Bay Estuary," ratify staffs unauthorized action of request for services, and then make a finding of quantum meruit based on the value of the benefit received. (County Attorney's request) Move Item 10L to 16A16: Recommendation to approve the Ribbon Cutting Ceremony for the new Transit Route between CoIlier County and Lee County to be known as the "LinC" and to authorize the Chairman to sign all applicable agreements associated with use of private property for the event scheduled for October 6, 2011. (Commissioner Henning's request) Item 11A: Add Commissioner Hiller's evaluation of the County Attorney to this agenda item. Per Ordinance Number 2011-17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. Item 13Al: Add Commissioner Hiller's evaluation of the Airport Authority Executive Director to this agenda item. Per Ordinance Number 2011-17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. Withdraw Item 16Al0: Recommendation to approve Request for Reimbursement as an exception to the County Manager Agency Organization Code ("CMA") # 5346, Reimbursement of Relocation Expenses in the amount of $8,666.67, for Anthony Khawaja, Engineer of Traffic Operations for the Growth Management Division. (Staffs request Need for additional review of back-up materials) Move Item 16A15 to Item 10M: Recommendation to direct the County Manager or his designee to amend the CoIlier County Land Development Code (LDC) and Right-of-Way Ordinance in regards to storage containers, Planned Unit Development (PUD) Annual Monitoring Reports, specific standards for the location of accessory buildings and structure provisions to include Personal Storage Containers (PODS), number of dogs allowed in residential districts, and exceptions to a Right-of-Way (ROW) permit meeting specific criteria. (Commissioner Hiller's request) Move Item 16Bl to Item 13Bl: Recommendation that the CoIlier County Community Redevelopment Agency (CRA) approves and executes an amendment to the employment agreement between the CRA and David L. Jackson, the Bayshore Gateway Triangle CRA Executive Director, extending the term of employment four years and modifying severance terms, and authorize the CRA Chairman to sign. (Commissioner Hiller's request) Move Item 16D9 to Item 10N: Recommendation to approve a budget amendment recognizing $284,110.45 in revenue generated as program income when conveying property acquired through the Neighborhood Stabilization Program. (Fiscal impact $284,110.45) (Commissioner Hiller's request) Continue Item 16E2 to the October 11. 2011 BCC Meeting: Recommendation to approve a Revenue Commitment Contract with Naples News Media Group to receive discounted pricing on advertising. (Staffs request to clarify the language in the recommendation section of the executive summary.) Continue Item 16F5 to the October 11. 2011 BCC Meeting: Recommendation to approve the Fiscal Year 2012 Strategic Plan for the Naples Marco Island, Everglades Convention & Visitors Bureau (CVB). (Staffs request) Add Item 16H2: Proclamation recognizing the heroic actions of Chokoloskee resident Dwain Daniels when he rescued ninety-year old Margaret Webb who was being attacked by an aIligator. The Proclamation designates September 24, 2011 as "Dwain Daniels Day". Per Ordinance Number 2011- 17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. Sponsored by Commissioner Henning. Time Certain Items: Item 101 to be heard at 11:00 a.m. ~ Items 8B and 17 A requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Item 16B3 fiscal impact should read: Of the $100,00.00 $400,000.00 in the FY-2011 budget, $384,965.94 has been awarded by the CRA Board and $15,034.06 remains. (Commissioner Fiala's request) Item 16C3: The work order made part of the agenda back-up is dated September 2, 2011. The County Attorney's Office has requested that this date be changed to the BCC approval date, September 27, 2011, if this item is approved by the Board. Item 16G2: The date referenced for the event is incorrect. The first event for the 38th Annual Sun-n- Fly Event in Lakeland Florida is scheduled for March 27 through April 1, 2012. 9/27/2011 9:45 AM 9/27/2011 Item 11.A. r"'\ E~CUTivE SUMMARY The ADDul PerformaDee Appraisal for the COUDty Attoraey OBJECTIVE: To complete the perfonnaDCe appraisal of the County Attorney. CONSmE~1l0NS: 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 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. ~ The County Attorney Employment Agreement provides that on the date general wage adjustments are granted generally to Collier County employees, the County Attorney's base salary shall be. modified to reflect the general wage adjustment granted to other County employees. If a satisfactory performance rating is provided by the Board of County Commissioners, merit pay shall be awarded from 3% minimum to a l()o~ maximum.. Per tile Employment Agreement, all such merit.adjustments shall be included in the County Attorney's base salary. The County Attorney waives.any merit adjustment and general wage. adjustment. FISCAL IMP~CT: There is no fiscal impact associated with this item. GROWTHMAN;AGEMENT IMPACT: There is no growth management impact associated with this item. RE~O~NJ),ATION: The Board of County Commissioners completes the annual performance appraisal process for the County Attorney. . Submitted by; Jeffrey A. Klatzkow, County Attorney ~ Packet Page -918- 9/27/2011 Item 11.A. ~ COLLIER COUNTY Board of County Commissioners Item Number: Item Summary: Meeting Date: 11.A. The Annual Performance Appraisal for the County Attorney 9/27/2011 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal,County Attorney 9/21/2011 10:43:00 AM Submitted by Title: County Attorney, Name: KlatzkowJeff 9/21/2011 10:43:01 AM ~ Approved By Name: KlatzkowJeff Title: County Attorney, Date: 9/21/2011 11:56:00 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/21/2011 12:01:17 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 9/21/2011 1 :35:47 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/21/2011 4:40:25 PM ~ Packet Page -919- 9/27/2011 Item 11.A. OFFICE OF TIlE CO~ A'ITORNR\' ~ INTEROFFICE MEMORANDUM 1~1~~:~~i~D ~ TO: COIll111issioner Donna Fiala, District ] Cominissioner Georgia Hiller, District 2 Commissioner Tom Henning, District 3 Commissioner Fred W. Coyle, Chairman, District 4 Commissioner James N. Coletta, Vice- 'rman Di trict 5 BY: ........................ .,' FROM: Jeffrey A. Klatzkow, County Attorne DATE: August 19,2011 RE: County Attorney FY 2010 - 2011 Action Plan I Evaluation Attached you will find a blank County Attorney FY2010 - 2011 Action Plan with Performance Review Measures. This is provided for your review and comments. I have also provided my self analysis to assist in your review. ~ In keeping with the County Manager's plans, I am hoping to have this placed on the second agenda in September, 2011. To meet the published agenda deadline, I would appreciate it if you would please return your graded packets to me by Monday, September 19th so that I may consolidate the ratings for presentation at the September 27, 2011 Board meeting. I will be available to meet with each of you individually if you desire to discuss any questions, comments or suggestions, or feel free to provide me any comments or suggestions by individual note or memo. If you should have any questions about this appraisal task or wish to meet with me, please contact me at your convenience. COA60191 ~ Packet Page -920- i,. , , ., 9/27/2011 Item 11.A. .-. FY 2010 / 2011 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 Action Plan illustrates and reviews Board expectations for the County Attorney for the 20]0-201] 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. ,.-.. Page 1 of 13 Packet Page -921- I' , . i 9/27/2011 Item 11.A. Goals for Fiscal Year 2010-11: .---..... I have and 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. With the closing of our Horseshoe office and permanent reduction in staff through voluntary attrition, the County Attorney's 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 agency. Specific areas that r propose as part of next year's action plan are: Continuing Goals 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 last year. This Office will continue to endeavor to follow former County Manager Jim Mudd's sage approach of the "three B's with respect to Board presentations; that you Be Brief, Be Brilliant, and Be Gone." An ongoing discussion at this Office is peer evaluation of our responses and presentations at Board meetings to help identify when we have not been as concise, clear and responsive as we would wish. I will continue to seek improvement in this area. Commissioner Comments: Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating . ~ Page 2 of 13 Packet Page -922- , . . 9/27/2011 Item 11.A. ~ 2. Written LelZal 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 r Ratina ~ ,,-...... 3. Processing Reauests for LelZal Services. Last year, this Office's response time for responding to Requests for Legal Services within 48 hours of receipt was maintained at 80% or more. As always, a number of legal assignments, due to their complex nature, take weeks and even months to complete. Accordingly, on a going forward basis, this Office will continue to achieve an ongoing 48-hour (or less) turnaround time on 80% 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, 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: ..-... When I commenced this position in April of 2008, one of the first things I did was to solicit feedback from staff with respect to their opinions of this Office. One of staff's principle complaints involved the turnaround time for RLS's (Request for Legal Services). My analysis indicated that the longstanding practice of the Office had been an average turnaround of 11 days, with 3% of all RLS's being processed in 48 hours or less, a practice I found unacceptable and set about to change. The response time to Requests for Legal Page 3 of 13 Packet Page -923- '. . 9/27/2011 Item 11.A. Services has now stabilized in the range of 85 - 95% of all RLS's being processed within 48 hours. As always, a number of legal assignments, due to their 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 illustrated in the next Goal and Objective, which is Client Satisfaction/Peer Review. ~ Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating ~ S 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 Division Administrators 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, Division Administrators, and select Department Directors to solicit their opinions regarding the services they receive from the County Attorney's 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. The following is a chart showing a comparison of 2008, 2009, 2010 and 2011 overall client feedback. As you can see, during my tenure as County Attorney we have eliminated the "Does Not Meet" portion of the evaluation, with the majority of the Office now exceeding the client's expectations. ---. Page 4 of 13 '.' 9/27/2011 Item 11.A. ~ Comparison of 2008, 2009, 2010 and 2011 Attorney - Client Feedback Overall Results 70% 60% 50% 40% 30% 20% 10% 0% 2008 I · Exceeds 2009 . Meets 2010 . Does Not Meet 2011 .NfA Commissioner Comment: ~ Below Meets Exceeds Standards Standards Standards 1 2 3 I RatinQ ::2.. .s 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. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition until I reach a ratio of approximately 1 support staff person per attorney, which my research has found is typical throughout County Attorney Offices in this State. ~ Page 5 of 13 Packet Page -925- ~ . 9/27/2011 Item 11.A. Self Analysis: ~ On a net cost to general fund analysis, this Office ha'i reduced expenditures from $3,097,300 in FY 2009, to the current request of $2,366,600 in FY 2012, while eliminating twelve positions in that same time period. As set forth in that attached chart, during that period this Office met or exceeded Board budget direction: . Board DirectionPercentage Decrease Per Year I Net Cost to General Fund . Percentage Decrease Per Year / Net Cost to General Fund 14 / 12 10 g 6 4 2 0 FY09 ~ FY10 FY 11 FY12 The reduction in personnel was accomplished with no loss in service due to a continuing decline in County business (especial! y land use), and by cross-training the assistant county attorneys and staff. Again this year I did not request any funds for Capital Outlay. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina ~ lS .-- Page 6 of 13 Packet Page -926- '. 9/27/2011 Item 11.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: During the past year this Office made the following presentations/workshops/seminars: 1. September 22, 20 I 0 - FMLA / ADA training for Human Resources; 2. October 14, 2010 - Annual Sunshine Law, Public Records and Ethics presentation to advisory boards; 3. November ]7,2010 - Guest lecture at Ave Maria Law School re County Use Issues and proceedings; 4. February 9, 2011 Public Records, Ethics presentation to Domestic Animal Services; 5. February 14 - Ethics presentation to the Airport Authority; 6. March 9, 201] - Sunshine Law, Public Records and Ethics presentation to Parks and Recreation supervisors and managers; Our Power Point presentations relating to Government in the Sunshine, Public Records Act, Ethics Laws and Social Networking are now available on the internet at www.collierl2ov.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 I Rating 2.. 7. LitilZation. We will continue to prepare and distribute concise 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. We will also evaluate the degree to which the County Attorney's Office and outside counsel achieve satisfactory outcomes on litigation. ..-.. Page 7 of 13 Packet Page -927- ~ . 9/27/2011 Item 11.A. Self Analysis: ,-,. I have provided the Board with litigation update reports on October, 15, 2010; January 14, 20 II; April 14, 2011 and July 29, 2011. A description of all of these cases is set forth in this report. The next report will be provided in October, 20] 1. As you \\111 have noted from those reports, this Office manages a substantial amount of litigation. As of the July 2011 report there was a total of 286 open cases, the bulk of which concern foreclosures (161) and eminent domain (24). From October 1, 2010, to the present there was no decision which materially adversely affected the County. Highlighted closed cases since October 1,2010, include the following: Construction cases. The County had three complex construction cases with combined claims of $28.5 million against the County. We were able to settle all of these cases for just under $100,000 in funds not already budgeted or retained for these completed road projects. These cases were as follows: 1. John Carlo, Inc. v. Collier County, Case No. 07-311-CA [Immokalee Road Case] and 2. Collier County v. John Carlo, Inc., Case No. 09-8724-CA [Rattlesnake Hammock C~ ~ [Attorneys: Jacqueline Hubbard/outside counsel Paul Ullom] There were two construction cases involving John Carlo. Inc. ("Carlo") concerning the lmmokalee Road Widening Project and the Rattlesnake Hammock Road Widening Project. Combined claims against the County in these cases two exceeded $14.5 million. On October 22, 2010, a full day of mediation was held and a global settlement was reached with respect to both cases, approved by the Board on November 9, 2010. The County agreed to pay Carlo $4,300,000, of which all but approximately $58,000 of this settlement came out of retainage and other unexpended funds from these two Projects. 3. Ker Enterprises [Armadillo Underground] v. APAC v. Collier County, Case No. 08- 3496-CA; Vanderbilt Beach Road Project [Attorneys: Jacqueline Hubbard/Gregory Woods] This case involved a subcontractor [Armadillo] suing the contractor [APAC] for claims relating to the Vanderbilt Beach Road Project. The contractor brought the County into the lawsuit as a third party defendant claiming breach of contract and damages. Claims against the County totaled $14 million. On May 20, 2011, the parties mediated the case for nearly twelve (12) hours and ultimately reached a settlement agreement, approved by the Board at its Junc 14, 2011 meeting. The County agreed to pay AP AC a total of $4,500,000, of which all but $40,520 of this settlement came out of retainage and other unexpended funds from this Project. ".-.., Page 8 of 13 Packet Page -928- '.' 9/27/2011 Item 11.A. ~ Other closed cases of interest are as follows: 1. Jerry & Kimberlea Blocker v. Collier County, Case No. 2DIO-I025, LT 08-66-CA [Attorneys: Jacqueline Hubbard/JeffWright] This and related cases stem from an improperly zoned mobile home park owned by the Blockers. On February 8, 2010, Judge Hayes entered the Final Appeal Order denying the Blockers' Appeal, which the Blockers' appealed. On November 10,2010, the District Court of Appeal upheld the decision of the Circuit Court in favor of the County. This case is closed, and the zoning issue is now settled; however, the Blockers' Bert Harris case against the County and the County's foreclosure case against the Blockers are still pending before the Circuit Court. 2. John Lundin v. Fred Coyle, et aL, Case No. 10-6034-CA (sunshine law] [Attorneys: Jacqueline Hubbard/outside counsel Greg Stewart] Complaint was served on October 18, 2010, for Declaratory and Injunctive Reliefrelating to the tour of the Jackson Labs facilities by two commissioners, alleging a violation of the Sunshine Law. The County responded to the Complaint by filing a Motion to Dismiss on November 8, 2010. A hearing on the County's Motion to Dismiss was scheduled and noticed forMarch 1,2011, and the deposition of the Plaintiff was noticed and set for April 13, 2011. Plaintiff then voluntarily dismissed his action on February 4,2011. ~ 3. Aqua Development [Attorney: Jeff Wright] As a result of County traffic improvements relating to and directly benefiting the Aqua Development, which were necessary due to the private developer's failure to perform work under a County right-of-way permit; the developer became indebted to the County in the amount of $147,155.39. Through communications between the County Attorney's Office and counsel for the developer, the County was able to avoid litigation and recover 100% of the amount due. This amount was obtained by a draw 011 previously escro\ved funds ($76,351.12), plus a January 20 II cash payment from the developer ($70,804.27). 4. Monroe County v. Priceline.com, Inc., et al.; Case No. 09-10004-CIV [Attorney: Steven Williams and Class Action Counsel] On the Tax Collector's recommendation, Collier County joined a class of Plaintiffs in a federal action against online travel agencies that failed to remit bed taxes to numerous municipal Tax Collectors for the actual cost paid by a hotel guest for a hotel room. Settlement was reached by the Plaintiff on behalf of the class and the matter was dismissed by the Court on February 15, 2011, The County received $567,645.82 in proceeds from the settlement. 5. Collier County v. South Florida Water Management District and Big Cypress Basin, Case No. 09-7419-CA [Primary Attorney: Jacqueline Hubbard] On August 24,2009, the County filed suit against South Florida Water Management District and Big Cypress Basin for Breach of Contract resulting from the failure to provide 640 acres for an ATV park. Settlement was been reached with SWFMD to pay the County a total .--., Page 9 of 13 Packet Page -929- I... '. 9/27/2011 Item 11.A. lump sum of $3 million and SWFMD agreeing to extend the Canal Maintenance Agreement. On June 27, 2011, a fully executed Stipulated Notice of Dismissal with Prejudice was filed with the Court. ~ 6. Barbara Burgeson v. Collier County, Henning, Chnanowski & Moss, Case No. 09- 2010-CA [Primary Attorney: Jacqueline Hubbard] (PARTIALLY COVERED CASE) Collier County was served with the Complaint in this matter on March 13, 2009, by former employee. With respect to Collier County, the Complaint alleged Violation of the Florida Equal Pay Act; Violation of the General Labor Regulations; Violation of the FCRA, Fla. Stat. S 760.10; Sexual Harassment in Violation of FCRA, Fla. Stat. S760.01; Retaliation; and Negligent Supervision. Additional claims were made against Commissioner Henning and former employees Rudy Moss and Stan Chrzanowski. The Insurance Carrier elected to settle the entire matter on behalf of all of the defendants in the sum of $75,000.00, paid sole{v by the County's insurance carrier (which sum was far less than what the carrier would have paid for a successful defense of this matter). The settlement agreement was approved by the BCe at its June 28, 2011 meeting. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 r Ratina 2- ~ Projects for this Fiscal Year 1. Work with staff to reduce the number of amendments to the Land Development Code. Self Analysis: Incomplete, as the Board directed no changes to the LDC. This will be a project for next year in conjunction with the proposed Administrative Code. ~ Page 10 of 13 Packet Page -930- . . " '. 9/27/2011 Item 11.A. ~ Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 2.. 2. Work with staff to streamline the process for a quicker turnaround for responses to public records requests. Self Analysis: We continue to work frequently with John Torre's Office to ensure public records requests are responded to in a timely, efficient and lawful manner. This Office regularly fields questions and responds to requests from staff, the press and the public relating to public records requests. --... Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I RCjtina ~ 3. Monitor advertising of ordinances to ensure accuracy and timeliness. 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 Page 11 of 13 Packet Page -931- .# . '. 9/27/2011 Item 11.A. and Code requirements and made part of 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 the department 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 ",ith defective advertising. We also actively seek to reduce costs by combining ads where possible and by not running ads where not required. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina :.t. 4. Cross-train attorneys and support staff to expand the knowledge base within the office as we continue to become more efficient. ~ Self Analysis: We continue to work diligently to cross-train attorneys and support staff so that we arc able to work more efficiently and effectively. Every day-to-day office function now has at least two attorneys with hands on experience. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 2. ,,--.. Page 12 of 13 Packet Page -932- .. .. ~ ., ,.I.. 9/27/2011 Item 11.A. .~ 5. Place more presentations on the web site so that staff and advisory boards can watch at their convenience. Self Analysis: Updated Power Point presentations relating to Government in the Sunshine, Public Records, Ethics Laws, and Social Networking have been placed on the county's website (www.colliergov.net) for viewing by staff, advisory board members, Board of County Commissioners, and the public. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 2.. ~ ..Dr.. ~) rw-E k ~ ~ ~ ~ ~ ~ ~ ~ ~ J).;_G... . , ~~. ~ ~'4- _.-O~ . ~W-9-B'~ ~ ~&.,,~~~~ ~'A- ~ ~~~. ~._t ~ ~~~~~-G" .~) --k .~ ~ ~ ~ rL.JJA__ "J) 00",,-,0 " ~ ~ ~ ~ --:~ Vj~.~~(\~. wRJ:; ~ ';h- .~. -~ ~ r~~)~~~~ ~~ L~~) ~:x ;.... ~~~~~ ~~ ~ ~ ~ ~ Lv-0LQ. nAn"_~ ~ ~ ~ ~ . v-~~~ ~ ~ OJ..Q ~ ~~ ~ ~ AA~;L_... ~ ~ ~~. ---(j'-7f~ ~~ ~ Page 13 of 13 Packet Page -933- 9/27/2011 Item 11.A. FY 2010 / 2011 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, represent 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 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 the Board's collective position. '-, The following Action Plan illustrates and reviews Board expectations for the County Attorney for the 2010-2011 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. ---. Page 1 of 13 Packet Page -934- 9/27/2011 Item 11.A. .--.. Goals for Fiscal Year 2010-11 : I have and 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. With the closing of our Horseshoe Office and permanent reduction in staff through voluntary attrition, 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 agency. Specific areas that I propose as part of next year's action plan are: Continuing Goals 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 last year. Jim I continue to endeavor to follow former County B's Commissioner Comments: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 3 --- Page 2 of 13 Packet Page -935- 9/27/2011 Item 11.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 I Ratina 3 ,-....., 3. Processing Requests for Legal Services. Last year, this Office's response time for responding to Requests for Legal Services within 48 hours of receipt was maintained at 80% or more. As always, a number of legal assignments, due to their complex nature, take weeks and even months to complete. Accordingly, on a going forward basis, this Office will continue to achieve an ongoing 48-hour (or less) turnaround time on 80% 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 detennine 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 has stabilized in the range of85 - 95% of all RLS's being processed within 48 hours. As always, a number of legal assignments, due to their 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. ~ Page 3 of 13 Packet Page -936- 9/27/2011 Item 11.A. ..-. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I 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 Division Administrators 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: feedback. "Does Not Meet" portion of the evaluation,with the client's expectations. \\c have minatcd the majority of the Office now exceeding .-. Page 4 of 13 Packet Page -937- 9/27/2011 Item 11.A. ~ Comparison of 2008,2009,2010 and 2011 Attorney - Client Feedback Overall Results 70% 60% 50% 40% 30% 20% 10% 0% Exceeds Does Not Meet 11I2009 11I2010 -2011 N/A Meets _2008 ~ Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 3 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. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition until I reach a ratio of approximately 1 support staff person per attorney, which my research has found is typical throughout County Attorney Offices in this State. .--.... Page 5 of 13 Packet Page -938- 9/27/2011 Item 11.A. --. 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 $2,366,600 in FY 20] 2, while eliminating twelve positions in that same time period. As set forth in that attached chart, during that period this Office met or exceeded Board budget direction: . Board DirectionPercentage Decrease Per Year I Net Cost to General Fund (departments directed to prepare 2 budgets: 1- 3% decrease; 1- 25% decrease) . Percentage Decrease Per 'Year I Net Cost to General Fund ~ 2 o 14 12 10 8 6 4 FYD9 FY 10 FY 11 FV 12 wa assistant county Again this year I did not request any funds for Capital Outlay. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 3 .--- Page 6 of 13 Packet Page -939- 9/27/2011 Item 11.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: By tbe end of August 2011, this Oftice \\till have made 6 presentations/workshops / seminars to County staff and advisory board meetings. I. September 22,2010 - FMLA I ADA training for Human Resources; 2. October 14, 201 () - Sunshine Law, Public Records and Ethics presentation to advisory boards; 3. November 17,2010 - Guest lecture at Ave Maria Law School re County Use Issues and proceedings; 4. February 9, 2011 Public Records. Ethics presentation to Domestic Animal Services; 5. February 14 - Ethics presentation to the Airport Authority: 6. March 9, 2011 - Sunshine Law, Public Records and Ethics presentation to Parks and Recreation supervisors and managers; 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. r--, Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating 3 7. Litigation. We will continue to prepare and distribute concise 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. We will also evaluate the degree to which the County Attorney's Office and outside counsel achieves satisfctory outcome on litigation. .~ Page 7 of 13 Packet Page -940- 9/27/2011 Item 11.A. ~ Self Analysis: I have provided the Board vvith litigation update reports on October, 15, 2010; January 14, 2011; April 14, 2011 and July 29, 2011. A description of all of these cases is set forth in this report. The next report will be provided in October, 20 I I. As you will have noted from those reports. this Office manages a substantial amount of litigation. As of the July, 2011 repOli there was a total of 286 open cases, the bulk of which concern foreclosures ( 161 ) and eminent domain (24). From October 1, 2010, to the present there ,vas no decision which materially adversely affected the County. Highl ighted closed cases si nee October 1, 2010 include the following: Construction cases. The County had three complicated construction cases with combined claims of $28.5 million against the County. We were able to settle all of these cases for just under $100,000 in funds not already budgeted or retained for these completed road projects. These cases were as follows: I. John Carlo, Inc. v. Collier County, Case No. 07-311-CA [ImIDokalee Road Case] and ~ 2. Collier County v. John Carlo, Inc., Case No. 09-8724-CA [Rattlesnake Hammock Case] [Attorneys: Jacqueline Hubbard/outside counsel Paul Ullom] 3. Ker Enterpn:"ies fArmadillo Umlergrowul} v. APAC v. Collier COUll~V, Case No. 08- 3496-CA; Vanderbilt Beach Road Pro.iect [Attorneys: Jacqueline HubbardiGregory Woods] This case involved a subcontractor [Am1adillo] suing the contractor [AP.AC] for claims relating to the Vanderbilt Beach Road Project. The contractor brought the County into the lawsuit as a third party defendant claiming breach of contract and damages. Claims against the County totaled $14 million. On May 20, 201 L the parties mediated the case for nearly twelve (12) hours and ultimately reached a settlement agreement, approved by the Board at its June 14.2011 meeting. The County agreed to pay APAC a total of $4,500.000, of which all but $40,520 of this settlement in came out of retainage and other unexpended funds from this Project. ~ Page 8 of 13 Packet Page -941- 9/27/2011 Item 11.A. ~ Other closed cases of interest are as follows: 1. Jerry & Kimberlea Blocker v. Collier COllllty, Case No. 2DI0-1025, LT 08-66-CA [Attorneys: Jacqueline Hubbard/JeffWright] (PARTIALLY COVERED CASE) This and related cases stern from an improperly zoned mobile home park owned by the Blockers. Oral Argument held December 15, 2009; both parties have submitted proposed orders to judge. On Febmary 8, 2010, Judge Hayes entered the Final Appeal Order denying the Blockers' Appeal. On March 9, 2010, the Blockers filed a Petition for Writ of Certiorari with the 2nd DCA. On March 8, 2010, the Blockers appealed the decree to 2nd DCA for Case Nos. 08-66-CA. The Blockers filed with the 2nd DCA a Request for Oral Argument. On November 10, 2010, the District Court of Appeal upheld the decision of the Circuit Court in favor of the County. This case is closed; however, the Blockers' Bert Harris case against the County and the County's foreclosure case against the Blockers are still pending before the Circuit Court. 2. .lohn Lundin v. Fred Coyle, et ai., Case No. lO-6034-CA [sunshine law] [Attorneys: Jacqueline Hubbard/outside counsel Greg Stewart] Complaint was served on October 18, 2010 for Declaratory and Injunctive Relief relating to the tour of the Jackson Labs facilities by two commissioners, alleging a violation of the Sunshine Law. The County responded to the Complaint by filing a Motion to Dismiss on November 8, 2010. A hearing on the County's Motion to Dismiss was scheduled and noticed for March 1, 2011, and the deposition of the Plaintiff was noticed and set for April 13. 20] ] . Plaintiff then voluntarily dismissed his action on February 4. 201 ]. ~ 3. Aqua Development [Attorney: Jeff Vv.right] and to avoid litigation and recover the amount amount was obtained by a draw on previously escrowed ($76,351.12), plus a January 20 I ] cash payment from the developer ($70,804.27). 4. Monroe County v. Priceline.com, Inc., et al.; Case No. 09-10004-CIV [Attorney: Steven Williams] On the Tax Collector's recommendation, Co]]jer County joined a class of Plaintiffs in a federal action against online travel agencies that failed to remit bed taxes to numerous municipal Tax Collectors for the actual cost paid by a hotel guest for a hotel room. Settlement was reached by the Plaintiff on behalf of the class and the matter was dismissed by the Court on February 15,2011. The County received $567,645.82 in proceeds from the settlement. ,..-..... Page 9 of 13 Packet Page -942- 9/27/2011 Item 11.A. .-.. 5. McDonald Transit Associates, Inc. v. Collier County, et al., Case No. lO-5490-CA [primary Attorney: Steven Williams] McDonald Transit, the current CAT transit operator, filed a bid protest contesting the County's cun'ent contract to a new company. Following Special Master findings and the Board of County Commissioners' adoption of those findings to uphold the contract award, McDonald filed suit in Circuit Court on September 13, 20W.McDonald's lawsuit sought an injunction stopping the County from entering into the contract with the new company. The County was served \vith the lawsuit at 3:22 PM on September 27, 2010. The Court dismissed the lawsuit at 3:35 PM on the same day. An Amended Complaint was filed on October 6, 2010, which was dismissed on March 23,2011. 6. Surety Construction, 11-RMG-00215 [Attomey: Colleen Greene] This case involved damage to Building H as a result of negligent installation of a dishwasher. The Settlement Agreement for the total amount of damages ($88,559.00) was approved by the BCC on the May I 0, 201 J BCC Agenda. ~ 9. Collier County v. South Florida Water Management District and Big Cypress Basin, Case No. 09-7419-CA [Primary Attorney: Jacqueline Hubbard] On August 24. 2009, the County tiled suit against South Florida Water Management District and Big Cypress Basin for Breach of Contract resulting from the failure to provide 640 acres for an A TV park. Settlement was been reached with SWFMD to pay the County a total lump sum of $3 million and SWFMD agreeing to extend the Canal Maintenance Agreement. On June 27, 2011, a fully executed Stipulated Notice of Dismissal with Prejudice \vas filed Blatter 13. respect to lier County. the Complaint alleged Violation of Florida Pay Act: Violation of the CJeneral Labor Regulations; Violation of the FCRA, Fla. S 760.10; Sexual Harassment in Violation ofFCRA, Fla. Stat. 9760.01; Retaliation; and Negligent Supervision. Additional claims .were made against Commissioner Henning and fonner employees Rudy Moss and Stan Chrzanowski. The Insurance Carrier elected to settle the entire matter on behalf of all of the defendants in the sum of $75,000.00, paid sole(v by the County's insurance carrier (which sum was far less than what the carrier would have paid for a successful defense of this matter). The settlement agreement was approved by the BCC at its June 28, 20] I meeting. The Plaintiff also has a pending bankruptcy case, and payment will be made only upon a signed Order from the Bankruptcy Court. approving the settlement. .-.. Page 10 of 13 Packet Page -943- 9/27/2011 Item 11.A. ~ Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 3 Proiects for this Fiscal Year 1. Work with staff to reduce the number of amendments to the Land Development Code. Self Analysis: Incomplete. as the Board directed no changes to the LDC. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 3 ~ 2. Work with staff to streamline the process for a quicker turnaround for responses to public records requests. manner. questions to requests from stail. the press and public the relating to public records requests. ":'t1',,:', \,ll\oo- Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 2.5 WOULD LIKE TO SEE ALL COMMISSIONERS AND STAFF COMMUNICATIONS PLACED IN A PUBLIC FOLDER ON OUR SERVER SO THAT THE PUBLIC DOESN'T HAVE TO MAKE PUBLIC RECORDS REQUESTS FOR THOSE DOCUMENTS. ~ Page 11 of 13 Packet Page -944- 9/27/2011 Item 11.A. .-.. 3. Monitor advertising of ordinances to ensure accuracy and timeliness. 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 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 the department 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 where not required. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 3 4. Cross-train attorneys and support staff to expand the knowledge base within the office as we continue to become more efficient. Self Analysis: .-.. Page 12 of 13 Packet Page -945- 9/27/2011 Item 11.A. We continue to work diligently to cross-train attorneys and support staff so that we are able to work more efficiently and effectively. Every day-to-day Office function now has at least two attorneys with hands on experience. ~. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 3 5. Place more presentations on the web site so that staff and advisory boards can watch at their convenience. Self Analysis: Updated Power Point presentations relating to Government in the Sunshine, Public Records, ~ Ethics Laws. and Social Networking have been placed on the county's website (www.colliergov.net) for by staff. advisory board members. Board of County Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 3 ~ Page 13 of 13 Packet Page -946- '( ~ 9/27~~~ ~ ~. em 11.A. . \5 I AUG 1 9 10n M 'Vv' BY:~... OFFICE OF THE cOUNT\' ATTORNEl' INTEROFFICE MEMORANDUM TO: Commissioner Donna Fiala, District 1 Commissioner Georgia Hiller, District 2 Commissioner Tom Henning, District 3 Commissioner Fred W. Coyle, Chairman, District 4 Commissioner James N. Coletta, Vice-C1PDiStrict 5, Jeffrey A. Klatzkow, County Attorney August 19,2011 . FROM: DATE: RE: County Attorney FY 2010 - 2011 Action Plan I Evaluation ~ ,Attached you will find a blank County Attorney FY 2010 - 2011 Action Plan with Performance Review Measures. This is provided for your review and comments. I have also provided my self analysis to assist in your review. ~ In keeping with the County Manager's plans, I am hoping to have this placed on the second agenda in September, 2011. To meet the published agenda deadline, I would appreciate it if you would please return your graded packets to me by Monday, September 19th so that I may consolidate the ratings for presentation at the September 27,2011 Board meeting. I will be available to meet with each of you individually if you desire to discuss any questions, comments or suggestions, or feel free to provide me any comments or suggestions by individual note or memo. 't If you should have any questions about this appraisal task or wish to meet with me, please contact me at your convenience. COA60191 . f' Packet Page -947- 9/27/2011 Item 11.A. .,. --.... FY 2010 / 2011 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 Action Plan illustrates and reviews Board expectations for the County Attorney for the 2010-2011 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. \IIi: --- Page 1 of 13 Packet Page -948- 9/27/2011 Item 11.A. Goals for Fiscal Year 2010-11 : I have and 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 busi~ess with better customer service results and making internal changes that result in a more efficient and effective work product. With the closing of our Horseshoe office and pennanent reduction in staff through voluntary attrition, the County Attorney's 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 agency. Specific areas that I propose as part of next year's action plan are: Continuing Goals . 1. Oral Presentations at Meetinszs. 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 last year. This Onice will continue to endeavor to fClllow fi)t"mer County Manager Jim Mudd's sage approach of the "three B's with respect to Board presentations; that you Be Brief: Be Brilliant, and Be Gone." An ongoing discussion at this Ofi1ce is peer (.~valuation of our responses and presentations at Board meetings to help identify when we have not been as concise, clear and responsive as we would wish. J will continue to seek improvement in this area. . Commissioner Comments: Below Meets Standards Standards 1 2 Exceeds Standards 3 . ~ Page 2 of 13 Packet Page -949- 9/27/2011 Item 11.A. .. ~ 2. Written Lellal 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 dear, concise, and to the point. Commissioner Comment: Below Meets Standards Standards 1 2 Exceeds Standards 3 '" ~ 3. Processin~ Reauests for Legal Services. Last year, this Office's response time for responding to Requests for Legal Services within 48 hours of receipt was maintained at 80% or more. As always, a number of legal assignments, due to their complex nature, take weeks and even months to complete. Accordingly, on a going forward basis, this Office will continue to achieve an ongoing 48-hour (or less) turnaround time on 80% 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, 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: When I commenced this position in April of 2008, one of the first things 1 did was to solicit feedback from staff' with respect to their opinions of this Office. One of staff's principle complaints involved the turnaround time for RLS's (Request for Legal Services). Yly analysis indicated that the longstanding practice of the Office had been an average turnaround of 11 days, with 3% of all RLS' s being processed in 48 hours or less, a practice I found unacceptable and set about to change. The response time to Requests for Legal ., ~ Page 3 of 13 Packet Page -950- '\' 9/27/2011 Item 11.A. ,.- . Services has now stabilized in the range of 85 -- 95% of all RLS's being processed withi.n 4g hours. As always, a number of legal assignments, due to their 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 illustrated in the next Goal and Objective, which is Client Satisfaction/Peer Review. Commissioner Comment: Below Meets Standards Standards 1 2 Exceeds Standards 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 Division Administrators 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. .. Sc1f Analysis: Again this year, an Attorney-Client Feedback form was provided to the County Manager. Division Administrators, and select Department Directors to solicit their opinio!1:i regarding the servic~s tlil;,'Y receive from the County Attorney's Office. These results arc utilized to shi1l workloads if departments are not satisfied with our services: they are also utilized in the attorney's individual annual performance evaluations. The following is a chart showing a comparison of 2008, 2009, 2010 and 2011 overall client feedback. As you can see.. during my tenure as County Attorney we have eliminated the "Does Not Ivleet" portion of the evaluation, with the majority of the Office now exceeding the client's expectations. .~ Page 4 of 13 Packet Page -951- 9/27/2011 Item 11.A. . ~ Comparison of 2008. 2009, 2010 and 2011 Attorney - Client Feedback Overall Results 70% 10% . 60% 50% 40% 30% 20% 0% 2008 I . Exceeds 2009 . Meets 2010 . Does Not Meet 2011 .N/A . Commissioner Comment: Below Meets Standards Standards 1 2 Exceeds Standards 3 ~ -'t' 5. Fiscal Manap:ement. 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. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition until I reach a ratio of approximately 1 support staff person per attorney , which my research has found is typical throughout County Attorney Offices in this State. Page 5 of 13 ~ Packet Page -952- L 9/27/2011 Item 11.A. . Self Analysis: On a net cost to general fund analysis, this Oftil.:e has reduced expenditures from $3,097,300 in FY 2009, to the current request of $2,366,600 in FY 2012, while eliminating twei vc' positions in that same time period. .As set forth in that attached chart. during that period this Office met or exceeded Board budget direction: . Board DirectionPercentagc Decrease pcr Year I Net Cost to General Fund . Percentage Decrease Per Year I Net Cost to General Fund .. ,-..., /"'-...-------.-.--'"IJ'F---...----.......-..-......-.--.---.----. ./ 14 o( ____.___..__...____.___..._ , ." 12 ~../ I. . ." i ,.~w 10 o( ,.--.._...._________ ! ./ 8 i/ ."r 6 4-.. '/"'i!=4.s - 4 r.... 3 ;// 2 of 1/,,"'" _,-- o +-------~..~...~-................-----_..~--..._--,-..... ...-.-. ~~ ..._....., . .. ........_.. _____ .__{ " FY09 FYI0 FYll FY 12 The reduction in persunnel was accomplished with no loss in service due to a cominuing decline in County business (especially land use), and by cross-training the a..<;sistant COUllty attorneys and staff. Again this year I did not request any funds ftlf Capital Outlay. Commissioner Comment: Below Meets Standards Standards 1 2 Exceeds Standards 3 .. ~ Page 6 of 13 Packet Page -953- 9/27/2011 Item 11.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: During the past year this Office made the following presentations/\vorkshops/seminars: 1. September 22,2010 ..- FMLA /ADA training for Human R~sourct~S; 2. October 14, 2010 -- Annual Sunshine Law, Public Records and Ethics presentation to advisory boards; 3. November J 7,2010._. Guest lecture at Ave l'vlaria Law School re County Use Issues and proceedings; 4. February 9, 2011 Public Records, Ethics presentation to Domestic Animal Services; 5. February 14 _. Ethics presentation to the Airport Authority; 6. March 9, 2011 - Sunshine Law, Public Records and Ethics presentation to Parks and Recreation supervisors and managers; . Our Power Point presentations relating to Government in the Sunshine, Public Records Act Ethics Laws and Social Networking are now available on the int~rnd at www.collier20v.net on the County Attorney web page for viewing by advisory board members, statT. and the public. ~. Commissioner Comment: Below Meets Standards Standards 1 2 Exceeds Standards 3 . 7. Litigation. We will continue to prepare and distribute concise 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. We will also evaluate the degree to which the County Attorney's Office and outside counsel achieve satisfactory outcomes on litigation. .--.... Page 7 of 13 Packet Page -954- 9/27/2011 Item 11.A. ..--. Self Analysis: 1 have provided the Board with litigation update reports on Octoberl 15, 2010; January 14, 20) 1; April 14, 2011 and July 29, 2011. A description of all of these cases is set forth in this report. The next report will be provided in. October, 2011. . As vou ",ill have noted from those reports, this Office manages a substantial amount of litigation. As of the July 2011 report there was a total of 286 open cases, the bulk of which concern foreclosures (161) and eminent domain (24). . From October ), 2010, to the present there was no decision which materially adversely affected the County. Highlighted closed cases since October 1, 2010, include the following: Construction cases. The County had three complex constructIOn cases with comhilwd claims of $28.5 million against the County. \\'e were able to scttk all of these .:::ases tor just under $) 00,000 in funds not already budgeted or retained for these completed road projects. These cases were as follows: .. I. John Carlo, Inc. v. Collier Coun~J', Case No. 07-31 l-CA [Immokalec Road Case] and ~ 2. Collier County v. John Carlo, Inc., Case No. 09-8724-CA IRattlesnake Hammock Casel [Attorneys: Jacqueline Hubbard/outside counsel Paul Ullom] There were two construction cases involving John Carlo. Inc. ("Carlo") conceming the [mmokalee Road Widening Project and the Rattlesnake Hammock Road Widening Project. Combined claims against the County in these cases two exceeded $14.5 million. On October 22, 2010, a full day of mediation was held and a global settlement was reached with respect to hoth cases, approved by the Board on November 9. 2010. Tbe COllnty agreed tv pay Carlo $4,300,000, of which all but approximately $58,000 of this settlement came out of retainage and other unexpended funds from these two Projects. 3. Ker Enterprises [Arl1Uldillo Underground] v. APAC v. Collier County, Case No. OR- 3496-CA; Vanderbilt Beach Road Project [Attorneys: Jacqueline Hubbard/Gregory Woods} This case involved a subcontractor [Armadillo] suing the contractor [APAC] for claims relating to the V,mderbilt Beach Road Project. The contractor brought the County into the lawsuit as a third party defendant claiming breach of contract and damages. Claims against the County totale.d $14 million. On May 20, 2011, the parties mediated the case for nearly twelve (12) hours and ultimately reached a settlement agreement. approved by the Board at its June 14.2011 meeting. The County agreed to pay APAC a total of $4,500,000, of which all but $40,520 of this settlement came out of retainage and other unexpended funds from this Project. ,~ Page 8 of 13 ~ Packet Page -955- 9/27/2011 Item 11.A. ,.-.... Other closed cases of interest are as follows: " 1. Jerry & Kimberlea Blocker v. Collier County, Case No. 2DI0-1025, L T 08-66-CA [Attorneys: Jacqueline Hubbard/Jeff Wrightl This and related cases stem from an improperly zoned mobile home park owned by the Blockers. On February 8, 2010, Judge Bayes entered the Final Appeal Order denying the Blockers' Appeal, which the Blockers' appealed. On November 10,2010, the District Court of Appeal upheld the decision of the Circuit Court in favor of the County. This case is closed, and the zoning issue is now settled; however, the Blocker:;' Bert Harris case against the County and the County's foreclosure case against the Blockers are still pending before the Circuit Court. . 2. John Lundin v. Fred Coyle, et al., Case No. lO-6034-CA (sunshine lawl IAttorneys: Jacqueline Hubbard/outside counsel Greg Stewart] Complaint was served on October 18, 2010, for Declaratory and Injunctive Relief relating t.o the tour of the Jac.kson Labs facilities by two commissioners, alleging a "julatioll of the Sunshine Law. The County responded to the Complaint by filing a Motion to Dismiss on November 8,2010. A hearing on the County's Motion to Dismiss was scheduled and noticed for March 1,2011, and the deposition of the Plaintitfwas noticed and set for April 13, 201 L PlaintitT then voluntarily dismissed his action on February 4, 2011. . 3. Aqua Development [Attorney: JefI \\'right] As a result of County traffic improvements relating to and directly benefiting the Aqua Development, which were necessary due to the private developer's failure to perform work under a County right-of-way permit; the developer became indehted to the County in the amount of $147,155.39. Through communications between the County Attorney's Office and counsel for the developer, the County was able to avoid litigation and recover 100% of the amount due. This amount was obtained by a draw on previously escrowed funds ($76351.12), plus a January 201 ] cash payment from the developer ($70,804.27), ..-.... ~ 4. J"'/otlroe COll.n(v v. Priceline.com.lnc., et at.; Case No. 09-10004-CIV [Attorney: Steven \Villiams and Class Action Counsel] On the Tax Collector's recommendation. Collier County joined a class of Plaintiffs. in a federal action against online travel agencies that tailed to remit bed tuxe:; to numerous municipal Tax Collectors for the actual cost paid by a hotel guest for a hotel room. Settlement \\'8S reached by the Plaintiff on behalf of the class and the matter was dismissed by the Court on February 1 5, 20] 1. The County received $567,645.82 in proceeds from the settlement. . 5. Colliel' County l'. Soll.1h Fl()rida Water Management District and Big (ypre.".'i Ba~'in, Case No. 09-7419-CA [Primary Attorney: Jacqueline Hubbard] On August 24,2009, the County tiled suit against South Florida Water Management District and Big Cypress Basin for Breach of Contract resulting from the failure to provide 640 acres for an ATV park. Settlement was been reached with SWFMD to pay the County a TOtal Page 9 of 13 ..-.... Packet Page -956- 9/27/2011 Item 11.A. . ,.- lump sum of $3 million and SWFMD agreeing to extend the Canal Maintenance Agreement. On .Tune 27, 2011, a fully executed Stipulated Notice of Dismissal with Prejudice was fik'd with the Court. 6. Barbara Burgeson v. Collier County, Henning, Chrzancmwki & J{os.~', Case No. 09- 2010-CA [Primary Attorney: Jacqueline Hubbard] (PARTIALLY COVERKD CASE) Collier County was served with the Complaint in this matter on March 13, 2009, by former employee. With respect to Collier County, the Complaint alleged Violation of the Florida Equal Pay Act; Violation of the General Labor Regulations; Violation of th~ FCRA, Fla. Stat. ~ 760.10; Sexual Harassment in Violation of FCRA, Fla. Stat. p60.0 1; Retaliation; and Negligent Supervision. Additional claims \-\fere made against Commissioner Henning and fonner employees Rudy Moss and Stan ChrzanO\vski. The Insurance Carrier elected to settle the entire matter on behalf of all of the defendants in the sum of $75,000,00. paid sole{y by the County's insurance carrier (which sum wa" far less than what'the carrier would have paid for a suc(.~essful defense of this matter). The settlement agreement was approved by the Bee at its June 28,2011 meeting. " Commissioner Comment: Below Meets Standards Standards 1 2 Exceeds Standards 3 ..-.. Proiects for this Fiscal Year 1. Work with staff to reduce the number of amendments to the Land Development Code. Self Analysis: Incomplete, as the Board directed no changes to the LDC. 'Tl1is will be a project for next year in conjunction with the proposed Administrative Code. ..-.. Page 1 0 of 13 Packet Page -957- J- 9/27/2011 Item 11.A. I ~ Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating 'A... 'II 2. Work with staff to streamline the process for a quicker turnaround for responses to public records requests. Self Analysis: We continue to work frequently with John Torre's Oftlce to ensure public records requests are responded to in a timely, efficient and lawful manner. This Office regularly fields questions and responds to requests from staff, the press and the public relating to public records requests. ~. Commissioner Comment: Below Meets Standards Standards 1 2 Exceeds Standards 3 3. Monitor advertising of ordinances to ensure accuracy and timeliness. Self Analysis: Beginning in 2009, with the assistance of the County Manager's Onice and the Clerk to the Board, this Office has monitored all legal advertisements for public hearings betore the Board of County Commissioners. The purpose was to ensure that all legal ads met statutory .~ Page 11 of 13 . Packet Page -958- . 9/27/2011 Item 11.A. 1 --- and Code requirements and made part of 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 the department in drafting legal ads, our Office recdves copies of all ad requests, which arc reviewed by the assigned attorney before they are forwarded to the Naples Daily News. Support staff then verities 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 adswhcrc not required. .. Commissioner Comment: Below Meets Standards Standards 1 2 Exceeds Standards 3 .. 4. Cross-train attorneys and support staff to expand the knowledge base within the office as we continue to become more efficient. Self Analysis: We continue to \\'ork diligently to cross-train attorneys and support staff so that we arc able to work more efficiently and effectively. Every day-to-day office function now has at least two attorneys with hands on experience. Commissioner Comment: Below Meets Standards Standards 1 2 Exceeds Standards 3 Page 12 of 13 9/27/2011 Item 11.A. ~ 5. Place more presentations on the web site so that staff and advisory boards can watch at their convenience. Self Analysis: Updated Power Point presentations relating to Government in the Sunshine, Public Records. Ethics Laws, and Social Networking have been placed on the county's wcbsitc (www.colliergov.net) for viewing by statr, advisory board members, Board of County Commissioners, and the public. Commissioner Comment: Below Meets Standards Standards 1 2 Exceeds Standards 3 ~~~~~.~~~/~. J~~ J- J. ~ k/. . r. ~tt~ tkJ,4 ~ to ~. 'wt#)~~~~' ~ ~ v.k-o ~ i:t.ft:r' it, ~ d-ftL M~?~' ~~ .. ~ .. Page 13 of 13 ~ Packet Page -960- 9/27/2011 Item 11.A. ...-.. FY 2010 /2011 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, represent 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 Action Plan illustrates and reviews Board expectations for the County Attorney for the 2010-2011 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. ...-.. Page 1 of 13 Packet Page -961- 9/27/2011 Item 11.A. Goals for Fiscal Year 2010-11: ",.-..... I have and 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. With the closing of our Horseshoe Office and permanent reduction in staff through voluntary attrition, 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 agency. Specific areas that I propose as part of next year's action plan are: Continuing Goals 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 last year. This Office \vill continue to endeavor 10 follow former County Manager Jim Mudd"s approach of the "three B's with respect to Board presentations; Iliant. '"An ongoing discussion at this is peer to we Commissioner Comments: Below Meets Exceeds Standards Standards Standards . 1 2 3 I Ratina x ~ Page 2 of 13 Packet Page -962- 9/27/2011 Item 11.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 I Ratina x ,,-... 3. Processing Requests for Legal Services. Last year, this Office's response time for responding to Requests for Legal Services within 48 hours of receipt was maintained at 80% or more. As always, a number of legal assignments, due to their complex nature, take weeks and even months to complete. Accordingly, on a going forward basis, this Office will continue to achieve an ongoing 48-hour (or less) turnaround time on 80% 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 has stabilized in the range of 85 - 95% of all RLS's being processed \vithin 48 hours. As always, a number of legal assignments, due to their complex nature, take weeks and even months to complete. I believe the Office has fully achieved my goals in this area, the results of \vhich are demonstrated in the next Goal and Objective, which is Client Satisfaction/Peer Review. --- Page 3 of 13 Packet Page -963- 9/27/2011 Item 11.A. Commissioner Comment: it's necessary to provide legal advice to the county manager agencies; I would hope these agencies would carefully consider your legal advice prior to taking action ,.-. Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 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 evaluation reports are sent to the various Division Administrators 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 ofthe Assistant County Attorney's performance evaluations. ,.-. Analvsis: attorney's individual annual perlhrmance The following is a chaIt showing a comparison of 2008, 2009, 20 I 0 and 2011 overall client feedback. As you can see, during my tenure as County Attorney we have eliminated the "Does Not Meet"" portion of the evaluation, with the majority of the Office now exceeding the client's expectations. ,.-. Page 4 of 13 Packet Page -964- 9/27/2011 Item 11.A. ~ Comparison of 2008,2009,2010 and 2011 Attorney - Client Feedback Overall Results 70% 60% 50% 40% 30% 20% 10% 0% Exceeds Meets -2008 Does Not Meet 112009 112010 -2011 N/A r--., Commissioner Comment: same as above Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 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. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition until I reach a ratio of approximately 1 support staff person per attorney, which my research has found is typical throughout County Attorney Offices in this State. Page 5 of 13 Packet Page -965- 9/27/2011'ltem 11.A. Self Analysis: ~ On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300 in FY 2009, to the cun'ent request of $2,366,600 in FY 2012, while eliminating twelve positions in that same time period. As set forth in that attached chart, during that period this Office met or exceeded Board budget direction: . Board DirectionPercentage Decrease Per Year I Net Cost to General Fund (departments directed to prepare 2 budgets: 1- 3% decreasoe; 1 - 25% decrease) . Percentage Decrease Per Year I Net Cost to General Fund 2 ,-., 14 12 10 8 6 o FY09 FYIO FYll FY 12 in was no in to a business (especially land use), and by cross-training the assistant county Again this year I did not request any funds for Capital Outlay. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 r Ratina x ~ Page 6 of 13 Packet Page -966- 9/27/2011 Item 11.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: By the end of August 1011, this Office will have made 6 presentations/workshops / seminars to County staff and advisory board meetings. I. September 22, 2010 - FMLA / ADA training for Human Resources; 2. October 14. 2010 - Sunshine Law, Public Records and Ethics presentation to advisory boards; 3. November 17, 2010 - Guest lecture at Ave Maria Law School re County Use Issues and proceedings; 4. Febmary 9, 2011 Public Records. Ethics presentation to Domestic Animal Services; 5. Febmary 14 - Ethics presentation to the Airport Authority; 6. March 9, 2011 - Sunshine Law, Public Records and Ethics presentation to Parks and Recreation supervisors and managers; --... 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 r Ratina x 7. Litigation. We will continue to prepare and distribute concise 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. We will also evaluate the degree to which the County Attorney's Office and outside counsel achieves satisfctory outcome on litigation. .-... Page 7 of 13 Packet Page -967- 9/27/2011 Item 11.A. Self Analysis: ~ I have provided the Board ,vith litigation update reports on October, 15, 2010; January 14, 2011; April 14, 2011 and July 29, 2011. A description of all of these cases is set forth in this report. The next report will be provided in October, 2011. As you will have noted from those reports, this Office manages a substantial amount of litigation. As of the July, 20 II report there was a total of 286 open cases, the bulk of which concern foreclosures (161) and eminent domain (24). From October 1, 2010, to the present there \vas no decision which materia]]y adversely affected the County. Highlighted closed cases since October 1,2010 include the following: Construction cases. The County had three complicated construction cases with combined claims of$28.5 million against the County. We were able to settle all of these cases for just under $100,000 in funds not already budgeted or retained for these completed road projects. These cases were as follows: I. .Iolln Carlo, Inc. v. Collier COIlll(r, Case No. 07-311-CA [Immokalee Road Case) and 2. Collier County v. .Iohn Carlo, Inc.. Case No. 09-8724-CA [Rattlesnal(e Hammock Casel [Attorneys: Jacqueline Hubbard/outside counsel Paul Ullom] ~ 3. Enterprise.<i [Armadillo Underground/v. APAC v. Collier COUll(}', Case No. 08- 3496-CA; Vanderbilt Beach Road Pro.ject [Attorneys: Jacqueline Hubbard/Gregory \Voods] This case involved a subcontractor [Armadillo] suing the contractor [AP.AC] for claims relating to the Vanderbilt Beach Road Project. The contractor brought the County into the lawsuit as a third party defendant claiming breach of contract and damages. Claims against the County totaled $14 million. On May 20, 2011. the parties mediated the case for nearly twelve (12) hours and ultimately reached a settlement agreement, approved by the Board at its June 14, 20 II meeting. The County agreed to pay AP AC a total of $4,500.000, of which all but $40,520 of this settlement in came out of retainage and other unexpended funds from this Project. ,.-..... Page 8 of 13 Packet Page -968- 9/27/2011 Item 11.A. ,.- Other closed cases of interest are as follows: 1. Jerry & Kimber/ea Blocker v. Collier Coullty, Case No. 2DI0-1025, L T 08-66-CA [Attorneys: Jacqueline Hubbard/Jeff Wright] (PARTIALLY COVERED CASE) This and related cases stem from an improperly zoned mobile home park owned by the Blockers. Oral Argument held December 15, 2009; both parties have submitted proposed orders to judge. On February 8, 2010, Judge Hayes entered the Final Appeal Order denying the Blockers' AppeaL On March 9, 2010, the Blockers filed a Petition for WIit of Certiorari with the 2nd DCA. On March 8,20] 0, the Blockers appealed the decree to 2nd DCA for Case Nos. 08-66-CA. The Blockers filed with the 2nd DCA a Request for Oral Argument. On November 10, 2010. the District Court of Appeal upheld the decision of the Circuit Court in favor of the County. This case is closed; however, the Blockers' Bert Harris case against the County and the County's foreclosure case against the Blockers are still pending before the Circuit Court. ,-. 2. John Lundin v. Fred Coyle, et al., Case No. l0-6034-CA [sunshine law] [Attorneys: Jacqueline Hubbard/outside counsel Greg Ste\.vart] Complaint was served on Octoberl8, 2010 for Declaratory and Injunctive Relief relating to the tour of the Jackson Labs facilities by two commissioners, alleging a violation of the Sunshine Law. The County responded to the Complaint by filing a Motion to Dismiss on November 8,20] O. A hearing on the County's Motion to Dismiss was scheduled and noticed for March 1,201 I, and the deposition of the Plaintiff was noticed and set for April 13.2011. Plaintitfthen voluntarily dismissed his action on February 4. 20 II. 3. Aqua Development recoveri the amount amount was obtained a draw on previously escrowed ($76,351.12). plus a January 20 II cash payment from the developer ($70,804.27). 4. Monroe County v. Priceline.com, Inc" et al.; Case No. 09-10004-CIV [Attorney: Steven \Villiams] On the Tax Collector's recommendation. Collier COllnty joined a class of Plaintiffs in a federal action against online travel agencies that failed to remit bed taxes to numerous municipal Tax Collectors for the actual cost paid by a hotel guest for a hotel 1'00111. Settlement \vas reached by the Plaintiff on behalf of the class and the matter was dismissed by the Court on February 15,201]. The County received $567,645.82 in proceeds from the settlement. ~ Page 9 of 13 Packet Page -969- 9/27/2011 Item 11.A. ~ 5. McDonald Transit Associates, Inc. v. Collier County, et al., Case No. lO-5490-CA [Primary Attorney: Steven Williams] McDonald Transit, the current CAT transit operator, filed a bid protest contesting the County's current contract to a new company. Following Special Master findings and the Board of County Commissioners' adoption of those findings to uphold the contract award, McDonald filed suit in Circuit Court on September 13,2010. McDonald's lawsuit sought an injunction stopping the County from entering into the contract with the new company. The County was served with the lawsuit at 3:22 PM on September 27,2010. The Court dismissed the lawsuit at 3:35 PM on the same day. An Amended Complaint was filed on October 6, '20] 0, which was dismissed on March 23, 20] 1. 6. Surety Construction, 11-RMG-00215 [Attorney: Colleen Greene] This case involved damage to Building H as a result of negligent installation of a dishwasher. The Setilement Agreement for the total amount of damages ($88,559.00) was approved by the BCC on the May ] 0, 20] 1 BCC Agenda. 9. Collier COlll1ty v. South Florida Water Management District and Big Cypress Basin, Case No. 09-7419-CA [Primary Attorney: Jacqueline Hubbard] On August 24, 2009, the County tiled suit against South Florida Water Management District and Big Cypress Basin for Breach of Contract resulting from the failure to provide 640 acres for an A TV park. Settlement was been reached v'lith SWFMD to pay the County a total lump sum of $3 million and SWFMD agreeing to extend the Canal Maintenance Agreement. On June 27, 2011, a fully executed Stipulated Notice of Dismissal \vith Prejudice \vas filed with the Court. ~ & was ('omplaint in matter on 13. employee. With respect to Collier County, the Complaint alleged Violation of Equal Pay Act: Violation of the General Labor Regulations; Violation of the FCRA, Fla. Stat. S 760.10; Sexual Harassment in Violation ofFCRA, Fla. Stat. 9760.01; Retaliation; and Negligent Supervision. Additional claims \-vere made against Commissioner Henning and former employees Rudy Moss and Stan Chrzanowski. The lnsurance Carrier elected to settle the entire matter on behalf of all of the defendants in the sum of $75,000.00, paid sole~v by the County's insurance carrier (which sum was far less than what the carrier would have paid for a successful defense ofthis matter). The settlement agreement was approved by the BCC at its June 28, 2011 meeting. The Plaintitf also has a pending bankruptcy case, and payment will be made only upon a signed Order from the Bankruptcy Court, approving the settlement. ~ Page 10 of 13 Packet Page -970- 9/27/2011 Item 11.A. ,.-, Commissioner Comment: your office has provided board members with detailed litigation updates. This has been helpful to me and concerning of the workload. Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating x Proiects for this Fiscal Year 1. Work with staff to reduce the number of amendments to the Land Development Code. ,.-, Self Analysis: Incomplete. as the Board directed 110 changes to the LDC. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina x 2. Work with staff to streamline the process for a quicker turnaround for responses to public records requests. Self Analysis: ,.-, Page 11 of 13 Packet Page -971- 9/27/2011 Item 11.A. We continue to work frequently with staff to ensure public records requests are responded to in a timely, efficient and lavvful manner. This Office regularly fields questions and responds to requests from staff. the press and public the relating to public records requests. ~ Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating x 3. Monitor advertising of ordinances to ensure accuracy and timeliness. Self Analysis: Beginning in 2009, \vith 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 County Commissioners. purpose was to ensure that all legal ads met statutory made part the agenda TO ~ are published in taking on this delays. and the potential f()r legal challenge associated with defective advertising. We also actively seek to reduce costs by combining ads where possible and by not running ads where not required. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I RatinQ x --, Page 12 of 13 Packet Page -972- 9/27/2011 Item 11.A. ,.- 4. Cross-train attorneys and support staff to expand the knowledge base within the office as we continue to become more efficient. Self Analysis: We continue to work diligently to cross-train attorneys and support staff so that we are able to work more efficiently and effectively. Every day-to-day Office function now has at least two attorneys with hands on experience. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina x ~ 5. Place more presentations on the web site so that staff and advisory boards can watch at their convemence. county's website Board of County to and Social Networking have (www.colliergov.net) for viewing by staff advisory Commissioners and the public. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina x ~ Page 13 of 13 Packet Page -973- t\dd 't 19s, Q(2'l{H ltl\t1 Patricia L. Morgan From: Sent: To: Subject: MitchellIan <IanMitchell@colliergov.net> Monday, September 26, 201110:00 AM Patricia L. Morgan FW: 9/27/11 BCC Agenda - Additional items for Item 11A (The Annual Performance Appraisal for the County Attorney) County_Attorney_Action_Plan_and_SeltEvaluation - from Commissioner Hiller.pdf; summary.xlsx Attachments: 'Regards, Ian .Mitcfiea- 'Executive .Manager, 'BCC (239) 252-8097 yfione (239) 252-6406fl,1X ianmitcfie{{@co{fiergov.net From: AllenDebbie sent: Monday, September 26, 2011 9:51 AM To: BrockMaryJo; Mitchelllan Subject: 9/27/11 BCC Agenda - Additional items for Item 11A (The Annual Performance Appraisal for the County Attorney) Good Morning, Attached to be included in the 9/27/11 BCC Agenda books for the County Manager and the Commissioners are: 1) Response from Commissioner Hiller for the County Attorney Action Plan; and 2) a summary of all scores. Please let me know if you need any additional information or if you require printed copies of these materials. Thank you. 'Deborah 'D. .JJ.{[(!n Legal Office Administrator Collier County Attorney's ()ffice (239) 252-8400 public records II conlact this office by address releaseej in response to a public records 1 FY 2010 / 2011 Action Plan Jeffrey A. Klatzkow, County Attorney Commissioner Hiller Input 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, represent 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 Action Plan illustrates and reviews Board expectations for the County Attorney for the 2010-2011 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. Page 1 of 12 Goals for Fiscal Year 2010-11: I have and 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. With the closing of our Horseshoe Office and permanent reduction in staff through voluntary attrition, 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 agency. Specific areas that I propose as part of next year's action plan are: Continuing Goals 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. Thi Ice will continue 10 to 10\\ of the B'g \vith to Board and ,. A,n discussion at this Office is and presentations at Board to help identify when we and as we would wish. I will continue to Commissioner Comments: Complete, correct. and timely advice is required. I hope you will advise properly in the commg year. Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 1 Page 2 of 12 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. s: to all is to Ii c Commissioner Comment: Complete, correct, and rimely advice is required. I hope you will advise me properly in the coming year. Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating 1 3. Processing Requests for Legal Services. Last year, this Office's response time for responding to Requests for Legal Services within 48 hours of receipt was maintained at 80% or more. As always, a number of legal assignments, due to their complex nature, take weeks and even months to complete. Accordingly, on a going forward basis, this Office will continue to achieve an ongoing 48-hour (or less) turnaround time on 80% 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. s: Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 2 Page 3 of 12 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 Division Administrators 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. Page 4 of 12 Comparison of 2008,2009,2010 and 2011 Attorney - Client Feedback Overall Results 70% 10% 60% 50% 40% 30'Yo 20% 0%) Exceeds Meets .2008 Does Not Meet N/A 112009 2010 II 2011 Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 2 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. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition until I reach a ratio of approximately 1 support staff person per attorney, which my research has found is typical throughout County Attorney Offices in this State. Il1 set forth in that direction: Page 5 of 12 IiII!I Board Directionpercentage Decrease Per Year I Net Cost to 6eneral Fund (departments directed to prepare 2 budgets: 1 - 3% decrease; 1 - 2S% decrease) IIIIl Percentage Oecrease Per Year I Net Cost to General Fund 14 12 10 8 6 4 2 o FY09 FY 10 FYll FY 12 in service to a the assistant county for Capital Outlay. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating 2 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. 6 nars 10 for Iluman . Page 6 of 12 I -, 10 Ie to to lecture at Ave 'Vlaria School rc Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 2 7. Litigation. We will continue to prepare and distribute concise 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. We will also evaluate the degree to which the County Attorney's Office and outside counsel achieves satisfctory outcome on litigation. 1" 1 i5. this Office was a total of 286 a substantial amount cases. the bulk of rnateriall) rot Page 7 of 12 v. Collier Case 07-311 A [lmmokalce Road 1'. John Cado, Inc., No. 09-8724-(:,'" [Rattlcsnal{c llammock Paul Ullom] v. A lJ. ~o. I 110] contractor ! fhe contractor brought County into Ihc claiming of contract and damages. Claims ()n May 20. 20 II. the parties mediated the case for nearly reached a settlement approved by the Board at to a total of $4,500,000, which ml.~ ,1S o. 2 n 10-1025, [,T 08-66-C' A ('OVERED CASE) Ie lawl Page 8 of 12 to the by a Motion 10 s Motion to Dismiss was scheduled of the Plaintiff \vas set on F on noticed i 1 09- ! 0004-(' I V of Plainti l!1 a taxes to nurnerous f()r a hotcl room. the mattcr was Inc. v. CounZl', et al.. No.1 A llia.msl current C transit currcnt contract to a new adoption of findings to uphold the contra.ct a\,v(lnL in Circuit Court on 13. J O. McDonald's lawsuit sought an County from entering into the contract with the new company. lawsuit at 3' PM on Septernber 1010. 'rhe Court i\ nt \vas filed on 6. IL II Page 9 of 12 the 640 acres \\as been reached with SWF71VH) to the ('ountv a sum of $3 rnillion and SWF'MD agreeing to extend the C"mal Main1enance 201 L a thUy Stipulated Notice of IJismissal with Prejudice was filed & 09- ERED (:AS Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 2 Proiects for this Fiscal Year 1. Work with staff to reduce the number of amendments to the Land Development Code. as no to Commissioner Comment: Identify & consider Recommending changes. Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 1 Page 10 of 12 2. Work with staff to streamline the process for a quicker turnaround for responses to public records requests. r Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 r Ratina 2 3. Monitor advertising of ordinances to ensure accuracy and timeliness. the department legal our \J\,hich are revie\ved by the assigned attorney before they are forwarded to the Support staff then thaI the ads are published corrcetly Our is to avoid the wastc. and the potential for ve also to reduce costs and Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 r Ratina 2 Page 11 of 12 4. Cross-train attorneys and support staff to expand the knowledge base within the office as we continue to become more efficient. support so function no\\ Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 2 5. Place more presentations on the web site so that staff and advisory boards can watch at their convemence. !Tl C III Board Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina 2 Page ]2 of]2