Backup Documents 05/25/2010 Item #16I161
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 25, 2010
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1) Affordable Housing Commission:
Minutes of February 8, 2010; March 8, 2010.
2) Animal Services Advisory Board:
Minutes of January 19, 2010; February 16, 2010.
3) Clam Bay Advisory Committee:
Minutes of November 9, 2009 -- last meeting before committee
sunsetted.
4) Historical /Archaeological Preservation Board:
Minutes of February 18, 2009; February 17, 2010.
5) Library Advisory Board:
Agenda of April 20, 2010.
Minutes of March 17, 2010.
6) Water and Wastewater Authority:
Notice of Final Order: Resolution 2010 -01 adoption of the 2010
Price Index Factor.
Fiala
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16 f 1A'1 FebritXry 8, 2010
MINUTES OF THE MEETING OF THE COLLIER COUNTY
AFFORDABLE HOUSING ADVISORY COMMITTEE
Naples, Florida, February 8, 2010
LET IT BE REMEMBERED that the Collier County Affordable Housing Advisory
Committee, having conducted business herein, met on this date at 3:00 P.M. in
REGULAR SESSION in Administrative Building "F," 3`d Floor, of the Government
Complex, Naples, Florida, with the following members present:
CHAIRMAN: Stephen Hruby (Excused)
Vice Chair: Cormac Giblin
John Cowan
Christian Davis
Christine Jones (Excused)
Kenneth Kelly
Sally Masters
Bradley Schiffer
Larry Wilcoxson
Stuart Warshauer — Alternate
ALSO PRESENT: Marcy Krumbine, Director, Housing & Human Services
(Excused)
Frank Ramsey, Housing Manager
Margo Castorena, Federal Housing Manager
Priscilla Doria, SHIP Loan Processor — Staff LiMini cUrres:�
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161 l A 1 February 8, 2010
Call to Order — Chairman
The meeting was called to order by Vice Chairman Corbin Giblin at 3:00 PM.
Vice Chairman Giblin read the procedures to be followed during the Meeting.
2. Roll Call of Committee Members and Staff
The roll was taken and a quorum was established.
5. Approval of Agenda
Vice Chairman Giblin asked if there were any changes to the Agenda from Staff and none
were noted..
(No vote was taken.)
3. Welcome New Member
Vice Chairman Giblin introduced Larry Wilcoxson to the Committee.
Mr. Wilcoxson gave a brief summary of his background and reasons for volunteering to
serve on the Affordable Housing Advisory Committee. He resides in Immokalee.
4. Approval of Minutes —January 4, 2010
Changes:
• Page 4, Item C —"Subcommittee Update," the following addition was made to the
first sentence:
After discussion, it was agreed to reinstate two separate Subcommittees
to address the identified issues.
Kenneth Kelly moved to approve the Minutes of the January 4, 2010 meeting as
amended. Second by John Cowan. Motion carried, 6— "Yes " /1— "Abstention."
Larry Wilcoxson abstained from voting since he did not attend the January meeting.
6. Information Items
A. Presentation: award - winning Carl Kuehner Community Center: Sheryl Soukup,
Executive Director, Immokalee Housing & Family Services
Background:
• Immokalee Housing & Family Services was formerly known as Immokalee Non -
Profit Housing (Sister organization: Florida Non -Profit Services)
• Winner: Audrey Nelson 2010 Community Development Achievement Award
from the National Community Development Association (NCDA) to recognize
exemplary uses of CBDG funds to address the needs of families, homes and
neighborhoods (Award was established in 1987)
• IH &FS Mission: To provide safe, affordable rental housing to farm workers and
other low income families
• Developments:
• Timber Ridge — single- family homes (34) (3 — 4 bdrms + garages)
• Sanders Pines — apartments (41 units) (2 -3 bdrms)
• Residential community: (330 residents)
• Low income (at 50% of Area Median Income)
• Farmworkers
• Immigrants (legal documentation required)
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February 8, 2010
Project: Carl J Kuehner Community Center
• Location: Timber Ridge Affordable Housing Development, Immokalee
• Goal: Demolish run -down property and build updated. ADA- compliant facility
to provide services to community
• Funding Partners:
• Collier County Housing & Human Services
• U.S. Department of Housing & Urban Development ( "HUD ")
• Florida Department of Community Affairs ( "DCA ")
• Naples Children & Education Foundation
• Community Foundation of Collier County
• The League Club, Inc.
• Trinity -by -the Cove Episcopal Church
• Grants received:
• CDBG Entitlement Grant - $350,000
• DRI (`Disaster Recovery Initiative ") - $300,000
• Additional grants from Funding Partners
• Services provided:
• "Early Beginnings" Program (2 — 5 year old)
• Adult Literacy Program (through Collier County Public Schools)
• GED classes
• Computer technology classroom
• "After School' Program (K through 6`h Grade)
• F -CAT Preparation
• Teen Program (3:00 to 7:00 PM)
• Community Playground
(Stuart Warshauer arrived at 3:19 PM)
B. NSP Update — Frank Ramsey
Project Summary Report for the period from March 9, 2009 through February 5, 2010
was distributed to the Committee members for their review.
• Approximately 56% of Grant funds ($3M) have been spent
• Remaining funds must be obligated (i.e., under contract) by September, 2010
• Program income (generated from sales of properties) will be utilized for next 2.5
years
• First three contracts will be signed in February
• Target markets: School Board employees, Fire District employees, Immokalee
casino employees
• Trying to expand eligible area— subject to HUD approval
• Can only acquire bank -owned property or "abandoned" properties — not able to
deal with short sales
C. Subcommittee Update: Chairman /Frank Ramsey
• Density Bonus Subcommittee will meet on February 25`h (9:00 AM - 12:00 Noon)
• Mortgage Financing Subcommittee will meet on February 18th
• Future meeting dates will be determined on a month -by -month basis
• Emails will be sent to members to confirm availability
3
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February 8, 2010
D. Cirrus Pointe/HDC — issue presented to BCC: Frank Ramsey
• Project: To build 108 residential Condos in Bayshore area (32 designated as
"affordable ")
• Sub - recipient Agreement with Housing Development Corporation ( "HDC ") was
signed on 12/14/2005 and land was purchased on 12/15/2005 through a HOME
Grant of $320,000 (total land cost: $2.5 M)
• Construction has not begun — 5 year period allotted for completion (breach of
contract due to non - performance)
• Agreement term ended on 12/31/2009
• A Site Development Plan ( "SDP ") was approved
• Collier County may be required to pay back funds (from General Fund)
• H &HS recommends continuing current Grant agreements with HDC
• Will request direction from BCC to recoup Federal grant funds by allowing HDC
to apply for Federal funds for homebuyer education, credit counseling, and
foreclosure prevention programs
• Will apply to HUD to obtain exception and expand grace period for project
• Nationwide problem due to collapse of housing market
(John Cowan left at 3:36 PM.)
A Committee member suggested requesting the Board of County Commissioners send a
letter of support to HUD recommending expansion of the current grace period.
Public Speaker:
Kathy Patterson, Executive Director — Housing Development Corporation, stated
HDC is not the developer of the project. Grant funds were spent to acquire land. If the
project can be built, HDC is ready to sell them.
E. CDBG /HOME Cycle — applications status: Margo Castorena, Federal Housing
Manager
• 27 applications were submitted
• Requests totaled approximately $8 M
• Anticipated allocation: approximately $3 M
• Subcommittee has met to review applications and ranking process has begun
• Projects may be funded from more than one source and Staff will determine most
efficient use of Government funds
• Cure process is in effect — to resolve questions from Subcommittee
• Final rankings will be submitted to Committee for review
7. Committee Member Comments
Randy Anderson resigned from Committee creating a vacancy which will be
advertised
Next meeting:
• March 8, 2010 — BCC Chambers (2 "d Monday of the month)
161 JAI Feb ary 8, 2010
There being no further business for the good of the County, the meeting was adjourned
at 4:00 PM by order of the Vice Chairman.
Collier County Affordable Housing
Advisory Committee
Cormac Giblin, Vice Chairman
The Minutes were awroved by the Board /Committee Vice Chair on 12010,
as presented or as amended
Fiala,'
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MINUTES OF THE MEETING OF THE COLLIER COUNTY
AFFORDABLE HOUSING ADVISORY COMMITTEE
Naples, Florida, March 8, 2010
LET IT BE REMEMBERED that the Collier County Affordable Housing Advisory
Committee, having conducted business herein, met on this date at 3:00 P.M. in
REGULAR SESSION in Administrative Building "F," 3rd Floor, of the Government
Complex, Naples, Florida, with the following Members present:
CHAIRMAN: Stephen Hruby
Vice Chair: Cormac Giblin
John Cowan
Christian Davis
Christine Jones
Kenneth Kelly
Sally Masters (Excused)
Bradley Schiffer
Larry Wilcoxson
Stuart Warshauer — Alternate
(Vacancy)
ALSO PRESENT: Marcy Krumbine, Director, Housing & Human Services
Frank Ramsey, Housing Manager
Margo Castorena, Federal Housing Manager
Priscilla Doria, SHIP Loan Processor — Staff Liegpnes:
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1611A1
February 8, 2010
1. Call to Order— Chairman
The meeting was called to order by Chairman Hruby at 3:02 PM.
Chairman Hruby read the procedures to be followed during the Meeting.
2. Roll Call of Committee Members
The roll was taken and a quorum was established.
3. Approval of Minutes —February 8, 2010
John Cowan moved to approve the Minutes of the February 9, 2010 meeting as
submitted. Second by Vice Chairman Giblin. Motion carried, 5 — "Yes " /1— "Abstention."
Chairman Hruby abstained from voting since he did not attend the February meeting.
4. Approval of Agenda
Bradley Schiffer moved to approve the Agenda as submitted Second by Kenneth Kelly.
Carried unanimously, 6 -0.
(Christine Jones, Stuart Warshauer, and Larry Wilcoxson arrived — 3:06 PM.)
5. Information Items
A. NSP Program Presentation - Urban Land Institute's (ULI) Forum Terwilliger
Center for Workforce Housing Panel: Marcy Krumbine, Director, H &HS
Background on Collier County.
• Second largest County (2,025 square miles) in Florida
• Estimated population - 339,000 with 3 incorporated cities
• 2009 Average Median Income ( "AMI ") - $70,800
• 2006 — national attention as "most overpriced market in Country"
• 2006 AMI - $66,100
• 2006 Average sales price (4'h quarter) - $375,000 to $495,000
• Difficult to impossible for critical services personnel (police officers, fire fighters,
EMS workers, nurses, teachers) to purchase property
• "Gap" — wages remain the same while home prices increase
• Median wage - $30,000 to $40,000 (2005 — 2006)
• Affordable Housing goal — bridge gap to make housing affordable
Collier County's Reaction: �1L
• Purchase Price Assistance Program (SHIP�9 — average $22,642
• Impact Fee Deferral Program (to build new homes) — average $20,825
• Density Bonus Program and Expedited Review — to entice builders to construct
affordable units
• Rehab Assistance for existing occupied properties (single and multi - family)
• Federal Grant Programs: CDBG and Home
When the real estate market went down, Collier County was in the top 20 nationally of
areas having the highest foreclosure rates.
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February 8, 2010
The Housing Opportunity Index (Wells Fargo Bank) measures the percentage of homes
affordable to families earning the AMI ($66,100 to $70,800) that were sold in the
County:
• 2006 — 18.0%
• 2007 — 35.5%
• 2009 — 68.9%
Help:
• CDBG funds — reallocated to purchase /rehab foreclosed properties
o Construction of new projects was not necessary due to existing
"stock" of homes
• NSP Grant - $7.3M
Strategy Development.
• Public vs. Private Sector — County to own/sell properties ( "Stand Alone')
• Capitalize on strengths and capabilities of departments within H &HS and County
• Invigorate local contractor community
• Maintain affordability for future and continue to build affordable housing stock
• Recycle NSP Funds to maximize impact
Payoff.
• Revitalized neighborhoods — eliminate blight
• Maintained landscaping — "curb appeal"
Acquisition Strategy:
• Develop local contacts
• Factor repair costs into purchase price
• No condos
• Will not compete with market
• Develop multi - family rentals to benefit very -low- income
Challenges:
• Increased investor activity
o Investors will pay more than appraised value
• Limited inventory
o Focus in one geographic area
• Bureaucracy
o Inability to obtain proper documents in a timely manner
Rehabilitation Process:
• Inspection of properties prior to purchase from bank
• Installation of "Energy Star" appliances
• Detailed bid specifications for contractors
• Hurricane hardening
• Demolition of blighted properties — more cost effective than to repair
3
161 1 A 1 11 February 8, 2010
Challenges:
• Removal of unpermitted structures — rehabbed homes are Code compliant
• Unseen damage due to termites and/or mold
• Theft
• Management of numerous properties
Resale:
• Pre - qualify clients by Staff (Housing Outreach Coordinator)
• Open Houses — creative marketing ( "Facebook" and "YouTube ")
• Substantial subsidy will remain with property (15 years)
Challenges:
• Limited appreciation
• Income limits and Program restrictions
• 1" mortgage financing — creditworthiness of potential buyers
Progress.
• First contract to purchase rehabbed home has been signed
o 14 additional homes have been reserved by buyers
• Inspected 316 properties — submitted offers on 266
• 43 contracts for properties: 29 have closed and 14 are pending
• Average purchase price - $68,870
• Average rehab cost - $29,129
• 65% of funds have been "obligated" or expended
Obstacles:
• Bureaucratic regulations — submitted Resolution to BCC for change of policy
• Internal policies and procedures were developed
• Public notice of intent to sell properties
• Matching families to properties and their readiness to purchase
• Mortgage financing
• Consumer credit requirements - stricter
• Borrowers have their own funds to contribute
• Concern of down payments of less than 20%
• Conventional loan vs. USDA vs. FHA
Applicants.
• 33 income qualified (75 were interviewed)
o 26 applicants (70 %) at 80% or below AMI
o 7 applicants (21%) at greater than 80%
Chairman Hruby noted that during the (national) "Best Practices" discussion, the
County's "Stand Alone" strategy was more successful than others.
A question was asked about the geographic restrictions of the NSP Program.
Ms. Krumbine stated HUD required the County concentrate on areas with the largest
16 I 1A 1 February 8, 2010
number of foreclosures: Golden Gate Estates, Golden Gate City and East Naples. She
further stated an application was made to HUD to expand the rehab area to include the
entire County.
The County did not of4ain funding under NSP -2, but "Habitat for Humanity" was funded
and will receive SO O I n�
It was noted:
• HUD may change its current definition of "obligated" which is targeted to a
specific property.
• HUD will recapture funds from Grantees that did not obligate funds and will re-
allocate the money to successful jurisdictions to continue to purchase properties.
• The County will recover approximately 70% of the sales price at closing and the
funds will be returned to the Program.
• NSP -3 is in the Federal budget as an "entitlement" program (approximately $I B).
Chairman Hruby announced the SW Florida Urban Land Institute will host a "Best
Practices Program" at the Hawthorne Suites Hotel from 8:00 AM to 12:00 Noon on
March 18, 2009 and invited the Committee to attend.
B. NSP Update — Frank Ramsey
Project Summary Report for the period from March 9, 2009 through March 5, 2010 was
presented to the Committee members.
• No significant increase in available foreclosed properties
o Wells Fargo will supply another pool of properties
• Remaining funds must be obligated (i.e., under contract) by September, 2010
o Land banking is another option
• Plan: to further obligate by July (100 %)
• Waiting for HUD's revised definition of "obligated"
• RFP ( "Request for Proposal ") from non -profit organizations as
Sub - recipients (if HUD definition is changed)
C. Subcommittee Update: Chairman /Frank Ramsey/Marcy Krumbine
• Housing Incentives Review Subcommittee met on February 25''
• Reviewed Impact Fee Deferral Program
• Will review: Density Bonus Program Ordinance
• Review Land Development Code and developer incentives
• California Program will be used as a model
• Plan for 3 -to -5 years in the future when the housing market opens up
Banking/Financing Subcommittee met on February 19`h
• Discussion of issues facing affordable buyers and developers
• Credit — educate Members on credit scoring and credit reporting agencies
• How do banks view changes in the market?�
• Loan Consortium — founded in W66 ice, .-
• Proposed questions for guest speakers from Banking Industry
• Research — CRA ( "Community Redevelopment Agency ") Lending
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February 8, 2010
E. CDBG/HOME/ESG Cycle — Project Recommendations: Margo Castorena, Federal
Housing Manager
2010 - 2011 Entitlement Period
"Action Plan" Timeline
• March 17, 2010
• March 26, 2010
• April 16, 2010
• April 27, 2010
• May 15, 2010
30 -day Action Plan (draft) Public Comment period begins
Action Plan public meeting (at 10:00 AM)
Public Comment period ends
Action Plan (final) will be presented to BCC for review /approval
Action Plan is due at HUD office
Ms. Castorena noted copies of the Action Plan will be available online, at the libraries,
and at the H &HS Office.
Allocations (based on 2009 figures):
• CDBG - $2,348,840
• HOME - $ 754,154
• ESG - $ 95,288
TOTAL: $3,198,282 (may be adjusted by new funding levels)
CDBG Objectives:
• To benefit low and moderate income individuals
• To eliminate blight and slums
• To alleviate emergency conditions or urgent need
Proposed CDBG Projects:
•
Collier County Transportation Department -
$
810,538
o Sideswalks — Naples Manor
•
David Lawrence Center -
$
221,000
o 16 Beds — Critical Stabilization Unit
•
City of Naples (entitlement) -
$
112,005
•
City of Marco Island (entitlement) -
$
72,173
•
Immokalee Housing & Family Services -
$
70,000
o Job creation (5 positions)
•
Immokalee CRA -
$
212,000
o "Jobs Business Incubator" at Airport
•
Goodwill Industries -
$
29,030
o Roberts Center renovation
•
Administration (H &HS) -
$
469,768
TOTAL: $1,996,514
Proposed Public Services Projects:
• Senior Meal Program (3 sites) $ 95,000
• Guadalupe Center $ 86,000
o Pre - school classroom
W
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February 8, 2010
• Shelter for Abused Woman & Children. - $118,600
o Legal Assistance program
Housing Development Corp. ( "HDC ") - $ 53,726
o Shitting Program for those facing foreclosure
TOTAL: $352,326
HOME Program Objectives:
• To provide decent, affordable housing to low and moderate income households
• To expand the capacity of Non -Profit housing providers
• Strengthen the ability of State and local governments to provide housing
• Leverage private sector participation
Proposed HOME Projects:
• Big Cypress — "Main Street Village" - $224,000
o Energy efficient upgrades and renovation
• Habitat for Humanity - $132,907
o Foreclosure rehabilitation
• Immokalee H &FS — "Timber Ridge Manor" - $170,000
o Energy efficient updates and renovation
• Administration - $ 75,415
TOTAL: $602,322
CHDO (`Community Housing Development Organization').
• Florida Non - Profit — Operating Fund $ 30,000
• EASE — Operating Fund $ 37,708
• CHDO Set Aside (not yet assigned) $113,123
o for builders -- projects or organization building
TOTAL: $180,831
SHIPIProgram:
• Home Buyer education and credit counseling - $80,000
o EASE ($35,000) & HDC ($45,000)
Emergency Shelter Grant Program:
• St. Matthew's House ** - $92,905
• Administration - $ 2,383
TOTAL: $95,288
(* * - alternates yearly between Shelter for Abused Women and St. Matthew's House)
6. Public Speaker:
Carl I Kuehner, Chairman - Florida Non - Profit Services, reported as follows:
• Acquired 16 acres in Immokalee to construct a 176 multi - family rental units
o First phase — 47 units for farm workers, Leasing/Management offices,
common laundry facilities, maintenance facilities
161 February 8, 2010
• Funded by: Florida Housing Finance Corp ( 3 programs), U.S. Department of
Agriculture, Immokalee CRA, J.P. Morgan, The Community Foundation
• Acquisition costs: $6.5M
• Collier County: $835,000 (Impact Fees - $795,000 and Building Permits - $25,000)
• Formal ground breaking — March 27, 2010
• Anticipated occupancy — December, 2010
He asked the Committee for a vote to approve the project
Kenneth Kelly moved to recommend approval of the project and to forward the Committee's
recommendation to the Board of County Commissioners. Second by Bradley Schiffer.
Motion carried, 8 — "Yes " /7 — "Abstention." Vice Chairman Giblin abstained due to conflict
of interest.
7. Committee Member Comments
(1Vone)
Next meeting:
• April 12, 2010 — BCC Chambers (2"" Monday of the month)
There being no further business for the good of the County, the meeting was adjourned
at 4:37 PM by order of the Chairman.
Collier County Affordable Housing
Advisory Committee
S , Chairman
14 ilna�- I����F
The Minutes were approved by the Board/Committee Chair on 2010,
as presented [_] , or as amended [X] .
ECENED
MAY 0 3 2010
Board of Counb eB
161
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January 19, 2010
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE
Naples, Florida, January 19, 2010
LET IT BE REMEMBERED, that the Collier County Domestic Animal
Services Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 6:30 P.M. in REGULAR
SESSION at Domestic Animal Services Resource Training Room, Davis
Blvd., East Naples, Florida with the following members present:
CHAIRMAN
VICE CHAIRMAN:
Michele Antonia
Marcia Breithaupt
Sergeant David Estes
Dr. Ruth Eisele
Tom Kepp, Jr.
Sabina Musci
Jim Rice
ALSO PRESENT: Amanda Townsend, Interim Director, DAS
Kathlene Drew, Volunteer Coordinator, DAS
Hailey Alonso, Administrative Assistant
disc - "..'-
Date -OS 2—S ID
Copies to:
161 1 A2
January 19, 2010
I. Call to Order
Chairman Michele Antonia called the meeting to order at 6:30 P.M.
II. Attendance — Establish a Quorum
Attendance was taken and a quorum established.
Note: Twenty -two public citizens attended the meeting.
(All agenda items and handouts were projected on a large screen)
III. Approval of Agenda:
Add to Agenda: Under New Business - Item B. Cat Colony at Bayview Park
Sabina Musci moved to approve the amended agenda. Second by Marcia
Breithaupt. Carried unanimously 7 -0.
IV. Approval of Minutes: December 15, 2009
Change in wording: Page 2 Old Business, second bulleted item under Dana
Alger is to read "This type of effort is being conducted once monthly... "
Dr. Ruth Eisele moved to approve the minutes of December 15, 2009, as
amended. Second by Sergeant David Estes. Carried unanimously, 7 -0.
V. Old Business:
A. Director's Report (handouts)
Amanda Townsend reported on the following good news from DAS:
• Adopted Dog: Courage, a dog shown at Howl -A -Day Jubilee, was
adopted.
• Media coverage: Positive follow -up on mission statement and budget
crises in the news created Media interest in DAS activities. Feedback on
adoption callbacks by volunteers had done much to spread goodwill.
• Opportunity to return a service dog to owner: Animal Control Officer
traced the tag and microchip - community contact spread the word and
proved tags and micro- chipping worked.
Kathlene Drew announced DAS is a participant in Disney's Give -A- Day -
Get -A- Day program through Hands on Network's effort to get 1 million
people to volunteer at certain organizations.
• The Disney organization pledged to give a one -day Disney Park Pass to
volunteers signing up with participating organizations listed on the
website
• Successful family event to get everyone involved
• She reported increased sign -ups by DAS and encouraged those present to
participate as it was a big aide to DAS to have volunteer help.
• A Girl Scout Troop volunteered on Happy Tails to showcase the animals.
Marcia Breithaupt suggested sending Good News stories to the press and
having photos on the DAS website as good Public Relations.
16.1 1
- January 19, 2010
Jim Rich asked about the amount of hours volunteers need to work to receive
the Park Pass.
The response was: It's up to the particular organization they volunteer with.
B. First Quarter Statistics Reports
Amanda Townsend reviewed the statistical information, charts and graphs for
the quarter in the new quarterly format.
Comments and questions followed on various items:
Spay and Neuter — Veterinarian, Dr. Brown, keeping clinic very
productive.
Intake — Finding there was more from the field than at the counter
Volunteers reported — 293 volunteers provided 1,829 hours
Chairman Antonia asked to have a further breakdown of euthanasia stats for cats and
for dogs. She also requested a notation of what type of animal was involved, if and
when large impounds occur.
C. Changes to the Animal Control Ordinance (handouts)
Amanda Townsend reviewed the three items proposed to the BCC for
revision to the Animal Control Ordinance
1. Trap, Neuter and Release (TNR) program proposed under a Memorandum
of Understanding with the Collier Community Cat Coalition
2. How appeals of owners cited under the Dangerous Dog ordinance are
handled. A change from the 3- person panel to the Special Magistrate. And,
what type of trial would there be, if further appeals to the courts occur.
3. Passing a regulation against tethering — language to be discussed.
The BCC had directed staff, at the first hearing, to join with the DAS
Advisory Board in crafting language for item 3 that could be agreed upon
regarding tethering.
To the question of whether all three items had to be agreed upon or, were they
not to agree, the other two items could go to the BCC, Amanda responded that
staff was not in favor of separation because too many months would elapse
before the item could go through all the processes before it could be
introduced to the BCC again.
A sample of Miami -Dade and Seminole County's anti - chaining ordinance was
projected on the screen and verbiage reviewed and discussed.
At issue was the DASAB recommendation against all tethering, ensuring ease
of enforcement and Staff s recommendation, under the BCC's directive, that
less restrictive allowances be made in certain circumstances and under strict
guidelines.
Comments by the Advisory Board Members were as follows:
— Unconditional anti - chaining was not going to pass.
— Already a law in place that addresses cruelty in the statutes.
161 1A2 A
January 19, 2010
— Animal Control Officers were well trained to make field determinations.
— Too many rules would have animals ending up at DAS. Need should be
to focus on how laws affect others and to put aside personal feelings.
— Protection of animals the main concern
— Need strong law, not leave to Officer's discretion. Weak law not enforceable.
— Questions of wording i.e. clarify and determine what constitutes domestic
animal, inclement weather, abuse, cruelty etc.
— Enforceability, implementation, education and follow -up measures
Chairman Michele Antonia opened the floor to those speakers who had
signed up to speak on this issue, stating their input would add to the
discussion.
Sneakers
Bibi Barrett read from an e -mail on behalf of Kelly Fox, who was unable to
attend and who was in favor of anti - chaining /tethering law. "Anything else
would not be enforceable. A `no unattended tether' compromise would be
acceptable as a last resort: but, Animal Control Officers must enforce."
Ms Barrett's concern was - unanswered complaints. She stressed pet owners
must be committed to their animals just as much as to their children
regardless of economic and other circumstances.
Teri Licastro agreed. She added that more education on training and care of
animals and the consequences (fines) of not doing so was needed, for the
animals and for society throughout the County. Most are willing to make
changes, just need to know what and how.
Belen Brisco thanked those who spoke at BCC hearing and agreed with the
others in wanting an anti - tethering law on the books, stating:
• It was a safety issue, a bite issue, a cruelty issue, a public health,
nuisance and noise ordinance issue.
• The need to create humane lives for animals and safety to citizens as
animals were more likely to bite if chained.
• People don't know the Ordinance content. A specific law was needed,
not a watered down Ordinance; with follow -up and enforcement to
measure its success and to make a difference for both animal and
children's safety.
• Most were in favor of the Miami -Dade Tethering Law.
Sgt. David Estes, as an Animal Control Officer, spoke to the enforceability
of the law. He noted there was interpretation and different people's personal
opinion of what constitutes cruelty and/or abuse. Some laws, though very
specific, were unenforceable. He noted education initiatives were more
important to change behavior, especially in a County so large and the 24/7
workload handled by only 4 Animal Control Officers. Response is to calls
and complaints only; unless, when in an area they see abuse. He also noted
working dogs live outside and cautioned laws not be based on personal
feeling.
±�IA2
January 19, 2010
Rose Scarisbrick asked if the law was on the books why would officers not
correct the problem or say they can't do anything.
Response was: Officers responds to all calls as required by Law. They may
determine there was no violation or education/warning was warranted.
Ken Drew stated he saw no need for total anti- chaining. Leave it to the
discretion of Animal Control Officers who would have first hand information,
know the law and will issue citations when warranted. He noted too much
intrusion with how people live and that people from other countries may have
different versions of what is cruelty.
A lengthy discussion followed regarding:
• Licensing and fining being tied together with enforcing - may
solve all the other issues.
• Compliance through education.
• Media blitz for implementation
• Challenges of enforcement
• Trust of Officer Discretion and knowledge
• Proposed addition to Section Nine 42 of the Animal Control
Ordinance regarding inhumane treatment of animals' law as having
both discretion and guidance. And covering most concerns
Dr. Ruth Eisele moved to recommend accepting the wording of Section 5-
21. Tethering of dogs (a) (b) (c) and (d), from Miami -Dade Ordinance, and
incorporating it into AMENDMENTS TO SECTION NINE OF
ORDINANCE NO. 2008 -51, Section 9 paragraph 2, A. through F. of Collier
County Animal Control Ordinance, as proposed. Second by Jim Rich.
Motion carried 4 to 3. Michele Antonia, Marcia Breithaupt and Sergeant
David Estes opposed
Marcia Breithaupt moved to amend the motion to recommend replacing the
word "dog" in the Section 5 -21 Miami -Dade Ordinance, with the word
"animal."
There was no second and the motion was not considered
Amanda will put the vote forward as a consensus recommendation to BCC.
VI. New Business
A. Attendance Report (handout)
Amanda Townsend provided copies of the Ordinance 2004 -06 and
Ordinance 2001 -55 which established the number attendance requirements
and standards for creation and review of county boards. Corrections to totals
were noted and adjusted.
Sergeant David Estes, explained his attendance record stating his
appointment to the DASAB had always been subject to his job requirements
which often require him to be on call 24/7 and may at times conflict with
1611 R2 I
January 19, 2010
DASAB meeting times, it was determined, in his unique case, the limit to
excused absences would not apply. By consensus, this issue was laid to rest.
B. Bayview Cat Colony
Chairman Michele Antonia explained the cat colony at Bayview Park. A
complaint had been received to remove the cats. Under the Memorandum of
Understanding, the Collier Community Cat Coalition had taken on the
responsibility to relocate the cats. DAS had offered to assist with this project;
but, it will take time to make arrangements to trap and relocate them.
Speaker
Linda Burgess, one of the feeders, had cared for several of the cats for over a
year. She will help with trapping but asked for time to accomplish this.
Jim Rich offered to provide a trap.
VII. Public Comment —No Additional Comments
VIII. Advisory Board Member Comments:
Jim Rich assured everyone he spoke for the people he had contact with; but was
Objective enough to do what was good for the County.
Sergeant Estes stated the background he came from leads to his opinions and he
speaks for that part of the population. Inhumane and cruelty are already in the law.
Tom Kepp reaffirmed that animals need protecting and enforcement is his concern
Marcia Breithaupt stated it was not personal opinion but fact that animals are
living in inhumane conditions and her aim is to assist them.
The next meeting of the DAS Advisory Board is February 16, 2010 at 6:30 P.M.
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 8:28 P.M.
Collier County Domestic Animal Services
fairman Mi0ele Antonia
These minutes approved by the Board /Committee on b as
presented //' or as amended
PF -CENED Fiala uF
Halas
Mpy 0 32010 Henning_
eosod Coletta
I 1 ? ,/
February 16, 2010
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE
Naples, Florida, February 16, 2010
LET IT BE REMEMBERED, THAT THE Collier County Domestic Animal
Services Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 6:30 PM in REGULAR
SESSION at Domestic Animal Services Training Room, Davis Blvd., East
Naples, Florida with the following members present:
CHAIRMAN: Michele Antonia
Marcia Breithaupt
Dr. Ruth Eisele
Sergeant David Estes (absent)
Tom Kepp, Jr.
Sabina Musci
Jim Rich
ALSO PRESENT: Amanda Townsend, Director DAS
Nan Gerhardt, Shelter Operations Manager
Kathleen Drew, Volunteer Coordinator
Dr. Karen Brown, Veterinarian
Hailey Alonso, Administrative Assistant
Misc. Correa:
Date:
Item #:
16 . 1 A2
February 16, 2010
1. Call to Order:
Chairman Michele Antonia called the meeting to order at 6:30 PM.
II. Attendance — Establish a Quorum:
The role was called and a quorum established.
III. Approval of Agenda:
Sabina Musci moved to approve the agenda. Second by Tom Kepp.
Carried unanimously, 6 -0.
IV. Approval of Minutes: —January 19, 2010
Correction: page I - Jim Rich (not Rice)
Jim Rich moved to approve the minutes of January 19, 2010, as amended Second by
Marcia Breithaupt. Carried unanimously, 6 -0.
V. Old Business:
A. Director's Report
Amanda Townsend reported:
• All DASAB recommended Ordinance changes were accepted by the BCC.
• Training on implementation of TNR program and anti - chaining
enforcement to start next week at regular safety meeting.
• Media push on anti - chaining in March and April (following a "grace
period" as requested by Commissioner Coletta), with full implementation
to coincide with Be Kind to Animals Week in May.
• 2011 budgeting process beginning February 23. Less complicated this
year with a 5% across the County cut being discussed.
• Announced Jim Rich offered to participate in the budget process by
offering a second set of eyes.
• Weekend of February 13 - Smooch -a- Pooch, Kiss -a -Kitty provided behind
the scenes shelter tours to many groups. Six dogs were adopted.
• Upcoming event: February 23 - Five Days of Spay- DAS partnering with
the Humane Society and Collier Spay and Neuter Clinic - scheduling with
local veterinarians.
• DAS hosted Animal Cruelty Investigation Level 3, put on by Code Three
Associates and the University of Missouri Law Enforcement Training
Institute. Intensive all -day lectures covered:
Link between animal cruelty and domestic violence; Exotic Animals
Disaster Preparedness; Mass impounds; Circus and Rodeo and practical
information on how to conduct proper investigations.
She also announced:
1 A vacant Animal control Officer position.
2 Two Advisory Board positions. Re- application is open to current
members as well as being open to the public. Applicants will be invited
1611,E
February 16, 2010
to next month's DASAB meeting. Recommendations to the BCC will be
considered at their April meeting.
Amanda Townsend congratulated and thanked Kelly Fox and Bibi Barrett,
who were gratefully acknowledged and recognized, for their fundraising efforts
which resulted in a contribution of 100 Kuranda dog beds for the shelters in
Naples and Immokalee. Some cat towers will be donated also.
On Feb 28 a Big Bed Build assembly line will gather to put the beds together.
Nan Gerhardt stated the shelter took in more fighting cocks and one horse.
One other horse is still at the shelter.
VI. New Business:
A. Spaying/Neutering animals prior to being placed in adoption
Amanda Townsend, Nan Gerhardt and Dr. Karen Brown led a discussion
revolving around the pros and cons of spaying/neutering animals prior to
adoption. It covered the following:
• Recovery from surgery better done in homes
• Less danger from infections
h Susceptibility to virus after surgery
C� zv �P b a Qo Responsibility for owners to spay /neuter
--f�Save� expenses of DAS paying vet bills - -` ,-
• Some are done ahead of time (Howl -a -Day Jubilee; definite adoptable
animals; etc.)
• Need to hold for five days, then five more days for vaccine window- gives
time for interaction with owners and their pets
• Discourages impulse adoptions F r -DAs
The consensus was that it was best for the animals and the new owners to
spay /neuter after adoptions are completed - mestsaues. Strays brought in are
altered
✓'G C 12ew.n_� �•^-( `��^¢'� Tjv�sY�¢ir ��2 CR- ✓✓tMll' w.
VII. Public Comments:
Kelly Fox spoke about the bed drive and the support received from donors. She stated
they now have 8 cat beds, 67 large aluminum and 60 medium beds. She encouraged
people to continue to donate as there will always be a need for the shelter dogs.
Teri Licastro asked DAS what else the public could do to make shelter adoption area
better for the dogs. She requested a list of needs they could help with.
VIII. Advisory Board Member Comments:
Michele Antonia spoke about caretakers in cat colonies and their relations with the
Collier Cat Coalition, who will educate on how to manage colonies; and, of the need
for feeders of cats to register with the Coalition.
She also thanked Belen Brisco for all her work on behalf of the animals.
1611A2
February 16, 2010
Marcia Breithaupt suggested a newsletter to inform about the Ordinance changes,
upcoming events and pertinent information. Web site did not always have this type
of information.
Amanda Townsend will check to see what could be done within compliance with the
Sunshine Laws. Newsletter was a good possibility.
Jim Rich asked about leash laws for cats. More calls than ever of stray and
abandoned domestic cats (25 this month alone have been picked up by his group.)
Most were not spayed/neutered.
Tom Kepp thanked those groups and individuals who helped with passing the anti -
chaining provisions in spite of some opposition to it. Also, for their continued
attendance at DASAB meetings.
There being no further business for the good of the County, meeting was adjourned
by order of the Chair at 7:30 PM.
Next meeting is scheduled for Tuesday, March 16, 2010 at 6:30 PM.
COLLIER COUNTY DOMESTIC ANIMAL SERVICES
h rman Michele Antonia
These minutes approved by the Board /Committee on
as presented , or as amended V
1611 A3
RECEIVED > pAgmber 19, 2009 J0
APR 2 8 2010 Halas
Henning
Board of county cmmsswom Coyle
Coletta
MINUTES OF THE MEETING OF THE COLLIER COUNTY
CLAM BAY ADVISORY COMMITTEE
Naples, Florida, November 19, 2009
LET IT BE REMEMBERED, that the Collier County Clam Bay Advisory
Committee, in and for the County of Collier, having conducted business
herein, met on this date at 1:00 P.M., North Collier Regional Park in the
Administration Building in Naples, Florida, with the following members
present:
Chairman: John Arceri
Vice Chairman: Tahlmann Krumm, Jr.
Ronald A. Glah
Noah Standridge
Robert Rogers
Kathy B. Worley
David Roellig
David Farmer
Susan O'Brien
ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management
Gail Hambright, Accountant
Colleen Greene, Assistant County Attorney
Misc. Com:�
''noiq$
to
1611 A3
November 19, 2009
I. Call to Order
Chairman Arceri called the meeting to order at 1:01 PM
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
A moment of silence was held for Dee Carroll who recently passed away;
(wife of former Clam Bay Advisory Committee Chairman, ,Tames Carroll).
III. Roll Call
Roll Call was taken and a quorum was established.
Chairman Arceri moved to allow Mr. Standridge to participate in the meeting via
telephone. Second by Mr. Farmer. Carried unanimously 8 -0.
IV. Changes and Approval of Agenda
Mr. Farmer moved to approve the agenda. Second by Mr. Krumm. Carried
unanimously 9 -0.
V. Public Comment
None
VI. Approval of Minutes
1. September 24, 2009
Mr. Krumm moved to approve the minutes of the September 24, 2009 Meeting.
Second by Mr. Farmer. Carried unanimously 9 -0.
2. October 8, 2009
Mr. Farmer moved to approve the minutes of the October 8, 2009 Meeting
subject to the following revision:
Page 2, last bullet point - from "the peer review will be conducted by authorizing
I consultant for a ... " to "the peer review will be conducted at the revised budget
level. "
Second by Mr. Rogers. Carried unanimously 9 -0.
3. October 28, 2009
Mr. Krumm moved to approve the minutes of the October 28, 2009 Meeting
subject to the following revisions:
Page 4, paragraph 7, line 2 - from "is for Seagate and/or Naples Cay be
represented, in addition an official..." to "is for Seagate, Naples Cay and/or an
qfcial... "
Page 6, paragraph 2, line 7 - from "David Tamasko noted.... "to "in response to
Ms. Worley's observation mangrove systems are typically characterized by a
fine grain sediment layer, David Tanzasko noted... "
Second by Ms. Worley. Carried unanimously 9 -0.
ika A 3
November 19, 2009
VII. Chairman's Comments
Chairman Areeri thanked everyone who provided comments to staff for the water
quality study.
VIII. Staff Reports
None
IX. New Business
PBS &J Data Analysis Report and Findings
a. PBS &J Report
Chairman Arceri noted the purpose of the item is to determine if the 3
recommendations listed in the Executive Summary (ES) ( "review and address
comments on the PBS&.7 Data Analysis Report and Findings, for the Clam Bay
Estuary and approve the recommendations below ") dated November 19, 2009
be approved by the CBAC
1. Approve moving forward with water monitoring program as outlined in
the report.
2. Approve moving forward with the additional sediment toxicology and
aging data collectionJanalysis.
3. Approve the water circulation/flushing modeling study.
He provided an overview of some actions to date including:
• On April 16, 2009, by a vote of 7 -0, the Clam Bay Advisory
Committee recommended approval to the BCC for the contract with
PBS &J to conduct a study on the estuary for $265,000.
• The CBAC's recommendation was for PBS&J to complete 4 tasks, (the
water quality monitoring program, sediment and biological health
characterization study, physical data collection and a circulation and
modeling study)
• In addition, on April 16, the CBAC recommended an extensive peer
review be completed on the entire report at a budget estimate of
$50,000
• On June 23, the BCC approved a portion of the CBAC requests - the
water quality monitoring program, sediment and biological health
characterization study, physical data collection data collection, at a
sum of $120,000 +/- with the City of Naples contributing an additional
$25,000 +/- for a total of $145,000 + / -.
• In the September 25, 2009 CBAC status report provided to the BCC
re- iterated the committee's request for funding the circulation and
modeling study and peer review.
• The CBAC Status Report also indicated the CBAC would review the
report prepared by PBS &J when completed and submit related
recommendations to the BCC in December.
• The ultimate task of the CBAC is to develop a management plan for
the estuary, with only the water quality aspect being completed to date.
-1611 A3
November 19, 2009
b. Comments
Gary McAlpin provided the "Clain Bay System Data Collection and
Analysis "prepared,for the Collier County Coastal7one Management
Department by PBS &J final October, 2009" (The Report) and document
"Reponses to Comments, RE: Clam Bay System Data Collections & Analysis
Report (October 2009) prepared by PBS &J dated November 17, 2009" for
review by the committee.
e. Response to Comments
David Tamasko of PBS &J provided an overview of responses to the
comments /questions provided by individuals on "The Report" in relation to
the recommendations. He and staff highlighted the following:
Recommendation #1 - Approve moving forward with water monitoring
program as outlined in the report
• Water quality impairment does not constitute ecological impairment;
however the FDEP utilizes water quality standards as a guide for
"management ".
• Current data (dissolved oxygen levels, etc.) indicates areas of the Clam
Bay System meet the FDEP definition of "impaired."
• If the FDEP declares the water "impaired" the State will require
remedies to ensure the system meets adopted water quality standards.
• It has been recognized by professionals in the industry, adopted
uniform water quality standards may not apply to all bodies of water
(canals vs. streams, saltwater estuaries vs. lakes, etc.). This
recognition may apply to the Clam Bay System.
• To prevent a FDEP declaration of "impaired water ", it is
recommended the County work with the FDEP to develop Site
Specific Alternate Criteria (SPAC) for the water quality standards
required for the system.
• Historic data from the numerous water quality programs throughout
the Clam Bay System has not been placed in the STORET (State of
Florida Storage and Retrieval) database; a violation of the Florida
Administrative Code.
• The data was not placed in the system, as it did not meet the
requirements of STORET (not analyzed by State certified labs, etc.)
• There are two locations in Collier County where water quality data
was not placed in STORET and the FDEP sampled the water
themselves and declared the water "impaired" (Gordon River and
Rookery Bay)
• Staff will propose to the FDEP that the County implement a new water
quality program for the Clam Bay System and place the data collected
under this program into the STORET system (not the historic data.)
• In addition, to prevent a declaration of "impaired water" and any
associated FDEP mandates, staff will propose to the FDEP the County
develop its own SPAC for the Clain Bay System.
4
November 19. 2009
• Staff has met with Pelican Bay Services Division (PBSD) to explore
the feasibility of combining their current water quality monitoring with
the proposed water quality monitoring to save costs.
• Dialogue continues on the issue, which may not be feasible as the
PBSD monitors discharge areas in specific locations for compliance
with existing permits.
• To ensure a complete an analysis as possible, the proposed monitoring
plan will be coordinated with the existing water quality sampling
occurring in Moorings Bay.
• Developing the SPAC will include the analysis of biological data
within the system.
Discussion occurred on the location of monitoring stations, historic results of
water sampling, the results of a previous Seagrass study in Clam Bay
completed by PBS &J and its relation to water quality and the confusion over
the lack of placement of the historic data in the STORET system.
Recommendation #2 - Approve movingforward with the additional sediment
toxicology and aging data collection /analysis.
David Tamasko of PBS &J provided an overview of responses to the
comments /questions provided by individuals on "The Report" in relation to
the recommendation. He and staff highlighted the following:
• Soil sampling in Outer Clam Bay indicates there is a fine layer of silt
limiting the penetration of oxygen into the sediment.
• Further analysis of the sediment to determine its origin (a natural or
non - natural occurrence) is recommended.
• The concern is the limited penetration of oxygen may be unnatural and
detrimental to living organisms.
• In addition, these fine silt layers have a tendency to trap toxic
substances, which may have negative impacts on human and wildlife.
Ms. Worley noted she had submitted written comments on the issue of the
toxicology tests on the sediment layer and recommended undertaking the
activity as part of the management plan.
Break: 2:35pm
Reconvened: 2: 95pm
Recommendation #3 - Approve the water circulationlflushing modeling
study.
Jeff Tabar of PBS &J provided an overview of responses to the
comments /questions provided by individuals on "The Report" in relation to
the recommendation. He and staff highlighted the following:
• The details of the data collection and analysis of the data.
1611 A3
November 19, 2009
• In Mr. Tabar's opinion, the data collection period of 8 days was
adequate to develop the findings in the report.
• It is necessary to develop a water circulation and modeling program to
predict the impacts for any proposed changes to the system.
• The findings of the circulation and modeling program will be essential
to developing certain aspects of the management plan.
• The elevations and composition of the culverts under Seagate Drive
were taken into consideration in developing the findings in "the
report."
Mr. Roellig noted the information provided indicates a net exchange of water
to the south from Clam Bay into Moorings Bay. Historic data did not indicate
that situation. He suggested consideration be given to replacing the flap gates
on the culverts at Seagate Drive. In addition, he expressed concern the data
collected and subsequent report has not yet adequately addressed storm water
drainage.
Ms. Worley noted she submitted written comments on the data collection and
expressed a lack of confidence in the data, as it has not been validated.
Chairman Arceri noted the original approval by the CBAC required the
option to re- calibrate the model as necessary and an extensive peer review of
the study.
Discussion occurred regarding if the circulation and modeling program is
approved and how it will be contracted out.
Gary McAlpin noted unless directed by the BCC to utilize the best value
offer process, staff prefers to utilize PBS &J, as they are the current consultant
and familiar with the data.
Speakers
Linda Roth, Pelican Bay Resident requested clarification on the results of
the water quality data for Moorings Bay.
Mr. Tamasko noted the results of the water testing for Moorings Bay are
included in the report.
Sarah Wu, Seagate Resident thanked the Committee, staff and PBSU for
their work. The questions and comments to the consultants were constructive
and informative. She supports the 3 recommendations presented in the
Executive Summary.
6
161 1 A3
November 19, 2009
Mary Johnson, Pelican Bay Resident submitted written copy of an email she
sent to all committee members. The findings of "The Report" raise more
questions than they answered. The largest concern is the allocation of
$350,000 to a study a system that is not "impaired." The scope of the
committee needs to be clarified.
Henry Price is concerned Gary McAlpin has a pre - planned goal of dredging
Clam Pass to utilize sand for beach re- nourishment and using the study and
findings in "The Report" to promote the goal and ignoring the environmental
impacts on the estuary.
Marcia Cravens, Mangrove Action Group, has submitted a public records
request to Jeff Tabar without response. The response was to garner
information on how experienced he is in utilizing the proposed modeling
software. She expressed concern the data collection was conducted during a
period of high rain, which affects flows, and the rainfall data was not included
in the statistics. The Seagrass study previously conducted by Mr. Tamasko
stated no part of the system met the State of Florida's definition for "impaired
water" for chlorophyll.
Rick Dykman, Seagate Resident and Homeowners Association supports
the 3 recommendations proposed by staff.
Jerry Moffatt, Pelican Bay Services Division requested clarification if "The
Report" will be revised based on the comments received or be forwarded "as
is" to the BCC. He recommended the committee work on promoting "trust" in
the process, which makes the "peer review" an important aspect of their work.
He also stated there has been an atmosphere of "mistrust" on the entire issue
and to build trust, he recommended "The Report" be submitted to the Pelican
Bay Services Division for review at their December 2, 2009 Meeting.
Mr. Glah expressed concern over the budget cuts. The process has been
dissected (reduction of peer review, etc.) which could negatively impact the
results of the complete process.
Ms. O'Brien recommended, for trust building, the process move forward on
an incremental basis, which will provide for a better product.
Ms. Worley expressed concern over the timing of the toxicology test as the
biological aspects of the estuary have not been addressed and the data set to be
utilized in the modeling is not comprehensive enough.
Chairman Arceri noted there has been much discussion and debate over the
various issues being addressed by the CBAC, however in the end, it is
necessary for the committee to provide recommendations based on what it
believes is best for the estuary.
161 1 A
November 19, 2009
Mr. Arceri moved to approve moving forward with a water quality program
as outlined in "The Report." Second by Mr. Farmer.
Mr. Arceri amended the motion to approve movingforward with the water
quality program as outlined in "The Report" and to work the program out
with the Pelican Bay Services Division. Second by Mr. Farmer.
Gary McAlpin noted the procedures for the water quality monitoring
program will be reviewed by the "appropriate people."
Carried unanimously 9 -0.
Mr. Arceri moved to move forward with the additional sediment toxicology
and aging data collectiordanalysis sediment dating and toxicology testing at
a level of $30,000 as outlined in the program by staff. Second by Mr.
Krumm. Motion carried S `des " -4 "no."
Mr. Roellig, Ms. Worley, Ms. O'Brien and Mr. Glah voted "no."
Mr. Arceri moved to approve the flushing and modeling program with the
stipulation the modeling is subject to re- calibration and extensive peer
review.
Discussion occurred on the definition of "extensive peer review" noting it is
as outlined in the original proposal with Dr. Dean of the University of Florida,
Humiston and Moore and Tackney and Assoc. providing the review.
Mr. Arceri amended the motion to approve the water circulation flushing
and modeling program with the stipulation the modeling is subject to:
• Re- calibration of the model.
• A minimum of 2 independent peer reviews (ers) to be approved by the
Clam Bay Advisory Committee.
Second by Mr. Farmer. Motion carried 7 "yes " -2 "no." Ms. Worley and
Ms. O'Brien voted "no."
X. Old Business
None
XI. Announcements
None
XII. Committee Member Discussion
None
1611 A3
November 19, 2009
XIII. Next Meeting Date
Decemberl7, 2009 — North Collier Regional Park, 15000 Livingston Road,
Administration Building, Room "A ", Naples
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 4:00 PM.
COLLIER COUNTY CLAM BAY ADVISORY
COMMITTEE
John Arceri, Chairman
These Minutes approved by the Board /Committee on
as presented or as amended
9
Fiala _
Henning
Coyle VV
Coletta
•
1611 lA4
RECEIVED
APR 3 0 2010
February 18, 209
Board of County Commissioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD
Naples, Florida, February 18, 2009
LET IT BE REMEMBERED, that the Collier County Historical/
Archaeological Preservation Board in and for the County of Collier, having
conducted business herein, met on this date at 9:15 A.M. in REGULAR
SESSION at the Collier County Community Development Services Division
Conference room #609, 2800 N. Horseshoe Drive, Naples, Florida with the
following members present:
CHAIRMAN: Patricia Huff
Pam Brown
William Dempsey (excused)
Sharon Kenny
Elizabeth Perdichizzi (excused)
Rich Taylor
Craig Woodward
ALSO PRESENT: Melissa Zone, Principal Planner, Zoning Dept.
Steve Williams, Assistant County Attorney
Ron Jamro, Director Collier County Museum
Misc. Corres:
Date: 0512-S/1 o
Rem
�T< < q-
Copies to:
L
U
HI.
IV
V
VL
161 1 A, 4
February 18, 209
Roll Call/Attendance:
Chairman Patty Huff called the meeting to order at 9:26 A.M.
Roll Call was taken and a quorum established
Addenda to the Agenda:
• A. Welcome Pam Brown - table pending her arrival
• Re- number:
• New Business to VII instead of VI
• Public Comments to VIII instead of VII
• Committee Announcement to IX instead of VIII.
• Change title from Committee Announcements to Board Member Announcements.
In future agendas this item will consist of each member's comments on their
community representations (i.e. Marco, Everglades, Immokalee, Naples)
• Under Old Business add- Invited guest Ron Jamro Museum Director pending his
arrival
Approval of Agenda
Craig Woodward moved to approve the Agenda, to include the noted changes. Second
by Sharon Kenny. Carried unanimously, 5-0.
Approval of Minutes: January 21, 2009
Craig Woodward moved to approve the minutes of January 21, 2009 as presented
Second by Sharon Kenny. Carried unanimously, 5 -0.
Department of Zoning & Land Development Review Report:
Nothing to Report
Old Business:
A. Review of Draft Inter -local Agreement (handout)
Assistant County Attorney, Steve Williams reviewed the rough draft of the
proposed inter -local agreement between Collier County and Everglades City.
Once the agreement is accepted by both parties the plan is to utilize the same
agreement format with the other municipalities (Marco Island, Naples, etc)
Discussion was about exactly what provision the Board wanted to include in the
agreement.
Ron Jamro arrived at 9:38 a.m.
Mentioned was:
• Jurisdiction- no plan to remove any control or authority from cities; just
to recognize and designate whatever is declared historic by the city, to
be automatically recognized by the County.
• Historic Brochure to include municipality and County information.
•
•
161 1A4
February 18, 209
• • Various historical sites within the area municipalities that the County
would like to designate as historical.
• Open communication and common signage and markers coordinated
through the inter -local agreement
• Pros and Cons for the cities, in creating an inter -local agreement.
• Defining benefits of inter -local agreements for each community
• Funding constraints
Pam Brown arrived at 9:45 a.m. and was officially welcomed to HAPB.
It was agreed that Board Members would e -mail ideas and comments for the
drafted agreement to Melissa Zone for forwarding to County Attorney Steve
Williams. Upon development of the prototype agreement, the various
community leaders will be approached_ Also suggested was to invite
representatives of each governing municipality to attend a HAPB meeting.
B. Review Draft Lake Trafford letter (handout)
Discussion revolved around the letter, prepared by Board Member Attorney
Will Dempsey assisted by Chairman Patty Huff summarizing the information
obtained on the Native American canoes found in Lake Trafford. Proposed was
to send the letter to public and private groups interested in historical and
archaeological preservation inviting their participation in pursuing means to
• study, attempt recover and preserve the rare artifacts. The letter will include an
article from the St. Petersburg Times and an August 2008 letter to the Board
from the Florida Division of Historical Resources which describes the canoes.
Comments and suggestions:
• Invite Ryan Wheeler, State Archaeologist and Chief, Bureau of
Archaeological Research and Archaeologist Bob Carr to come to HAPB
meeting and discuss options on moving forward with this effort.
• Spoke about the canoes' destruction through lawless activity of boaters,
tourists and souvenir seekers, while those who see a value to the canoes
and have marked their locations for preservers to study are chased away.
• Airboat rides on the Lake intedere with tourist attractions.
• Questioned why nothing was being done by the State, who had recognized
the canoes as a "rare and extraordinary find"
• Dredging of Cake Trafford, in progress, would destroy the remains unless
salvage is allowed
Pam Brown mentioned contacting the Lake Trafford Task Force to obtain the
dredging dates and to work with them.
Craig Woodward moved to approve a recommendation to move forward with
sending out the letter, adding to it the urgency for action due to the timeline
for dredging. Second by Sharon Kenny. Carried unanimously, 7 -0.
C. HAPB Brochure
• Chairman Patty fluff explained the Brochure to the new members stating
161 A4
February 18, 209
the object was to update it and add new sites.
Melissa Zone stated there were no funds available at this time. The project
had been put on hold.
Ron Jamro noted the County has enacted new rules regarding printing, logos,
and publishing. He asked that HAPB gather what they want included and
reduce the cost to a reasonable rate as the Tourist Development monies may be
able to cover costs.
D. Confirmation of March date to visit Mar -Good with Parks & Recreation
Craig Woodward moved to change the date of the regular March meeting
from March 18, 2009 to March 25, 2009 at 9:15 AM at Mar -Good Park.
Second by Sharon Kenny. Carried unanimously, 7 -0.
The meeting, in conjunction with Parks & Recreation, will be a walking tour
of the buildings and grounds.
E. Overview of Sunshine Law (handouts -4)
Copies of:
• The 2009 version of the Guide to the Sunshine Amendment and Code of
Ethics for Public Officers and Employees
• CMA # 5311 Code Of Ethics (implementing procedure)
• The Ordinance No. 2004 -05 "Ethics Ordinance"
• Memorandum from Human Resources Director, Amy Lyberg.
County Attorney Steve Williams suggested HAPB read over and be familiar
with their contents. Any questions can be e- mailed to him.
VII. New Business - None
VSII. Public Comments:
Ron Jamro spoke about the completion of the 3- yr.WGCU 9 -part series on Collier
County, obtainable on DVD and on WGCU's web site.
IX. Committee Announcements (Board Member Announcements)
Craig Woodward acknowledged the death of Maria Stone, the author of "Caxambas
Kid" which is about Preston Sawyer who grew upon Marco Island. She wrote the
history of the Tamiami Trail and contributed much to the historical information on
Collier County.
He also reported on the progress at the City of Marco museum. Presentation of
progress was given to the BCC. He suggested a future field trip.
Sharon Kenny talked about a new venture in the City of Naples called The Naples
Backyard History Museum located on 3rd St. So., spearheaded by Laverne Gaynor. She
noted the group was entirely separate from the Naples Historical Society and gave an
overview of their activities.
•
0
161 1 A
February 18, 209
• Chairman Patty Huff provided an update on the Beulah Mission in Copland that was
designated historic. Funds are not available for preservation and she asked HAPB
members for ideas on the best use of the site to promote the Black History (Community
Center and/or Museum) for the area.
Ron Jamro stated Black Historic sites are often requested of the Collier County
Museum staff. He encouraged continued pursuit of this effort.
Pam Brown noted a Black Historical Museum in central Florida may be a source of
ideas and procedures. She will try to obtain information about this museum.
Chairman Patty Huff mentioned:
• One of the 3 fisherman homes to be saved across from the Rod & Gun Club that
was destroyed by fire.
• Old Bank building is for sale. Looking for interested preservationists to
purchase it.
• Feb. 23 -26 Majorie Stoneman Douglas Festival at Museum of the Everglades
• March 3, 2009 Chris Busk, Landscape Architect and Preservationist will give a
talk at Everglades Society for Historic Preservation about preserving old homes
in Everglades City.
• Found a 1918 paper in walls of her home
Melissa Zone stated interested groups may want to do fundraising and donate to the
• County.
The next scheduled meeting will be held Wednesday March 25, 2009 at Mar -Good
Park in Goodland at 9:15 A.M.
There being no further business for the good of the County, the meeting
was adjourned by order of the chair at 10:58A.M.
HISTORICAUARCHAEOLOGICAL
PRESERVATION BOARD
Chairman Patty Hu
These minutes approved by the Board on 3 /c?S as presented V or
as corrected
•
Fiala � � 1 `t
Halas -w� RECEIV ou
Henning February 17, 2010
Coyle — APR 3 0 2010
Coletta —'—' board of County Commissioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
HISTORIC /ARCHAEOLOGICAL PRESERVATION BOARD
Naples, Florida, February 17, 2010
LET IT BE REMEMBERED that the Collier County Historic /Archaeological
Preservation Board, having conducted business herein, met on this date at
9:15 AM in REGULAR SESSION in Conference Room #610, Collier County
Community Development and Environmental Services Center, 2800 N. Horseshoe
Drive, Naples, Florida, with the following Members present:
CHAIRMAN: Patricia Huff
Pam Brown
William Dempsey
Sharon Kenny
Elizabeth Perdichicci (Absent)
Richard Taylor
Craig Woodward (Absent)
ALSO PRESENT: Bill Lorenz, Director— Engineering, Environmental,
Comprehensive Planning & Zoning Services
Ray Bellows, Planning Manager — Zoning
Glenda Smith, Operations Analyst
Ashley Caserta, Senior Planner — Staff Liaisot?'sc. comes:
Steve Williams, Assistant County Attorney pate:
Item 8:
Collies to:
161 1.
February 17, 2010
I. Call to Order
The meeting was called to order at 9:17 AM by Chairman Patricia Huff.
II. Roll Call/Attendance
The Roll was called and a quorum was established.
III. Approval of Agenda
Chang e:
• Chairman Huff requested to amend the Agenda by adding the topic, Election of
Chairman and Vice Chairman, as the first item under Item VI, "Old Business."
William Dempsey moved to approve the Agenda as amender. Second by Sharon
Kenny. Carried unanimously, 4 -0.
IV. Approval of Minutes — November 18, 2009
Sharon Kenny moved to approve the Minutes of the November 18, 2009 meeting as
submitted. Second by Richard Taylor. Carried unanimously, 4 -0.
V. Engineering, Environmental, Comprehensive Planning, and Zoning Services
Division Report — Ray Bellows, Planning Manager - Zoning
A. Update — Department Reorganization
Mr. Bellows stated:
• Departments have been combined into one Division to streamline operations
• Bill Lorenz is the Division Director
• Goal: greater efficiency, better customer service, and more one -on -one
contact with colleagues
B. New Staff Liaison
Ray Bellows introduced Ashley Caserta, Senior Planner - Zoning, as the Staff
Liaison. Ms. Caserta has been employed by Collier County for the past 4+ years.
A Board Member expressed concern regarding interruption of the Board's history
since the previous Staff Liaison had an historical perspective on past Board actions
and connections with groups outside of the County.
Mr. Bellows stated he will review the files maintained by the previous Staff Liaison.
He intends to become involved with the Board and its issues.
Chairman Huff asked if the Board will receive information concerning sensitive
areas, such as the Everglades, in the future.
Ray Bellows will meet with Staff to ensure everyone understands and follows the
process to notify the Board regarding property development and a continuous flow of
information will be provided.
(Pam Brown arrived at 9:30 AM.)
(Added Topic)
Mr. Bellows provided an update on the Town of Big Cypress:
• Similar in concept to the Town of Ave Maria
161 JA 4
February 17, 2010
• Zoning falls under the Rural Land Stewardship Area ( "RLSA ")
• Designed to preserve environmentally sensitive lands while allowing
previously disturbed lands, i.e., farm fields, to have more density than is
currently allowed under Agricultural Zoning
• Town is an SRA ( "Stewardship Receiving Area ") and an application was
submitted and is under review, but was placed on hold by the developer due to
the current economic climate - the Project is still considered to be "active"
• Due to its size, Big Cypress is also known as a DRI ( "Development of
Regional Impact ") — questions were built into the DR process to deal with
archaeological or historic sites that may be discovered
• Surveys and assessments are to be provided to the Regional Planning Council
who will review how such sites are handled within the Project boundaries
• There may not be very much activity for the next six months
A Member asked if Fort sites were located within the boundary of Ave Maria.
Ray Bellows stated he will research the issue and report to the Board at the next
meeting.
Chairman Huff asked about the process to notify owners of historic properties of
their responsibility to obtain approval before making modifications to an historic
property and who, in the County, will maintain contact with new owners.
Historic sites are noted on the County's official Zoning Atlas and copies are
provided to the Building Department
If a property owner sells a site /structure that has been designated as historic by
the County and a future owner tries to make modifications, the Building
Department will notify Mr. Bellows and Ms. Caserta. No changes will be
allowed until a Certificate of Appropriateness is issued by the Board
A member noted the Keewaydin Club #1 was moved from its original location and
only pieces remained.
It was noted the County's website is not current and should be revised.
There was discussion concerning whether Keewaydin was considered part of the
City of Naples and whether or not an altered historic property was still considered
"historic."
Regarding properties located in a different jurisdiction, Ray Bellows stated the
Preservation Board is permitted to send a letter to the City of Naples Planning
Department expressing concern regarding specific issues and requesting follow -up.
The Board can also review the County's files for property owners of historic sites and
send information and a copy of the revised brochure to them.
It was suggested that a review of the purpose of the Preservation Board (under the
creating Ordinance), its powers, duties, scope of jurisdiction, and restrictions as an
Advisory Board to the Board of County Commissioners is a topic for a future Agenda
as an informational meeting/workshop.
February l , 2010
Chairman Huff read (from 8.07.01 — "Establishment "):
"There is hereby created an Historic /Archaeological Preservation
Board which shall serve as an Advisory Board to the Board of County
Commissioners for Collier County. The Preservation Board is vested
with the power, authority and jurisdiction to designate, regulate and
administer historic and archaeological resources in the County as set
forth by the Land Development Code ( "LDC ") under the direct jurisdiction
and control of the Board of County Commissioners ( "BCC ")."
VI. Old Business
A. Election of Chairman /Vice Chairman
Patricia Huff nominated William Dempsey to serve as Chairman for the
2010 term. Second by Sharon Kenny. Motion carried, "4- Yes," with one
abstention. Mr. Dempsey abstained.
William Dempsey nominated Sharon Kenny to serve as Vice Chairman for
the 2010 term. Second by Patricia Huff. Motion carried, "4- Yes," with one
abstention. Ms. Kenny abstained.
B. Status — Brochure
Patricia Huff stated the original booklet was expanded, more properties were
included, and the format was revised. She met with Jack Wert from the Tourism
Development Bureau (Convention and Visitors Bureau). He suggested contacting
Katie Varano from Paradise Advertising for assistance with layout.
Mr. Varano stated the Agency's Creative Department will review the brochure and
suggest possible design and format changes, and provide a template for the Board's
use.
Discussion ensued concerning funding for the brochure, i.e., State grants, and whether
the Board could partner with the private sector or another County department (such as
the Tourism Development Board or Comprehensive Planning) which may have a
more stable source of funding, and determining the content of the brochure.
It was noted the County must retain control of the document and the private sector
cannot profit from the publication of the brochure.
Ray Bellows was requested to begin revising the website design.
Bill Lorenz, Division Director, joined the meeting and was introduced by Ray Bellows.
Mr. Lorenz stated his role will be to ensure that reviews are brought to the Board and
issues are presented to the Board of County Commissioners, as needed.
In response to a Member's question regarding the re- zoning of raw land, he confirmed
very few new land use petitions have been presented.
A member requested a review of the current state of Historic and Archaeological
properties.
Consensus: To send the brochure in its current form to Katie Varano to review, on a pro -
bono basis, and suggest changes. Her comments will be added as a topic to the Agenda
for the next meeting.
1611A4
February 17, 2010
VII. New Business
None
VIII. Public Comments
None
IX. Committee Member Comments /Announcements
Patricia Huff noted the following events:
• Everglades City
• "The Safari" —February 27, 2010 (Fakahatchee Discovery Series)
• Tour of Homes — March 13, 2010
• Bike Ride —March 20, 2010
• The Bank of Everglades City is vacant and for sale
Pam Brown noted:
• Immokalee 501h Annual Harvest Festival and Parade — March 20, 2010
Next Meeting Date: (To be determined)
There being no further business for the good of the County, the meeting was adjourned
by Order of the Chairman at 10:46 AM.
Historic /Archaeological Preservation
Board
William Dempsey, Chairman
The Minutes were proved by the Board /Committee on
as presented or as amended
5
Fiala
RECEIVED Henn Henning_
MAY D 3 2010 Coyle ._
Coleria _loc� 1611 A 5
jioard of County Cannissbners
COLLIER COUNTY LIBRARY ADVISORY BOARD
Tuesday, April 20, 2010 at 10:00 a.m.
Headquarters Library
AGENDA
Call to order
Approval of Minutes
Literacy Program Report
Report of Officers
Communications
a - Written
b - Personal
Unfinished Business
1. Bill Rose
2. Self check -outs and floating collections
3. Florida Legislature Update
4. Library Marketing Efforts
5. Budget
6. Florida Virtual School
New Business
General Considerations
Director's Report
Report of the Friends
Adjournment
Misc. Cones:
Date: Q 25 i D
Item t_ a__ i 5
161 1 A5 14
Naples, Florida, March 17, 2010
LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 10:00 a.m.
in the Main Library with the following members present:
CHAIR: Doris J. Lewis
VICE - CHAIR: Loretta Murray
Connie Bettinger - Hennink
Carla Grieve
ABSENT: Rochelle Lieb
ALSO PRESENT: Marilyn Matthes, Library Director
Luz Pietri, Administrative Assistant
U"*6PG31Eyfiu1
Mrs. Lewis asked for comments or corrections to the minutes of February 24, 2010. There being none,
Mrs. Bettinger - Hennink moved, seconded by Mrs. Murray and carried unanimously, that the minutes be
approved as submitted.
LITERACY PROGRAM REPORT — None
REPORT OF OFFICERS — None
COMMUNICATIONS — None
UNFINISHED BUSINESS
In reference to the Rose Hall, Mrs. Matthes stated that the grand- opening went very well. She also
mentioned that there were problems with the entrance doors; they didn't pass the fire inspection and
will have to be replaced. She also stated that she'll have to ask the Fire Department for special
dispensation in order to hold the upcoming 'Casino Night' event at that place since the doors will need
to be ordered and will take from four to five weeks for delivery and installation.
As for the public computers, she stated that there are fewer problems being reported. Patrons are still
not being charged to use them.
As for the RFI's for Automation Services, Mrs. Matthes said that she had received some bids already.
She also stated that she will be attending a Public Library Association Conference in Portland, Oregon.
She will be attending one of the local libraries there that is currently using one of the automation
vendor's systems. While at the conference, she will also be attending a program on 'floating library
collections'.
As for the 'Library Marketing Efforts', Mrs. Matthes handed out to the Board members bookmarks that
had been recently printed informing the patrons about the 'Virtual' library and other available services.
There will be more publicity on this coming up soon.
16A 1A5
As for the 2011 Budget, Mrs. Matthes said that she has already started working on it. It calls for a 5%
reduction, including Capital budgets. The final budget proposal is due to Public Services by April 8, 2010.
The Library is looking at reduced hours of operation during non - seasonal times. No talk of closing
buildings yet. Mrs. Matthes also commented that the Naples Branch Library will now be selling beach
parking permits for county residents starting April 1, 2010.
NEW BUSINESS - None
GENERAL CONSIDERATIONS
Mrs. Lewis commented that she has talked to people from Plantation Island, Chokoloskee and
Everglades City, who think that Roberta Stone, who runs the Everglades City Library Branch for the
Library, is dynamite. She asked if there was any way of giving her some recognition. Mrs. Matthes said
that if Mrs. Lewis wanted to write a letter she would include a thank -you card that the County has
provided supervisors to hand out to employees for special recognition. These cards are worth about
$35.00 for purchases online.
DIRECTOR'S REPORT
Mrs. Matthes stated that circulation figures are down due mainly to longer DVD's check -out times. She
also handed out to the Board members copies of a flyer with information to contact their state
representatives in support of funding for libraries. Mrs. Matthes also stated that she is working on three
different projects at the Headquarters Library which are quite expensive. She'll be asking the Friends for
their funding support. She also added that Mrs. Bettinger - Hennink will be spearheading a mural project
at the Golden Gate Library.
REPORT OF THE FRIENDS
Mrs. Grieve stated that the last Nick Lynn's Lecture was held March 15, 2010. It was a very successful
season. She also stated that some members of the Friends had helped out during the book sale which
was held for the first time at the South Regional Library. She also said that Friends mailings are now
being sent via e-mail to save on paper and postage. She said that perhaps the Library might consider
doing the same. A comment was made that since some of the LAB mailings are confidential, doing such
might present a problem.
I:Uf�1�1:7� ral�lx��
There being no further business to come before the Library Advisory Board, Mrs. Bettinger - Hennink
moved, seconded by Mrs. Murray and carried unanimously, that the meeting be adjourned. Time: 11:40
a. m.
T ved by:
r
Doris J. Lewis —
Chair, Library Advisory Board
�.vr,r.rnn 1. V V lv I I MUKIDA 16 ! I
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
X Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
Originating Dept/ Div: CDES/ Operation Person: James French Date: April 22, 2010 MAY 0 6 2010
Petition No. (If none, give brief description): Board of County Conaruse aws
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before: BCC BZA X Other Collier County Water and Wastewater Authority
Requested Hearing date: (Based on advertisement appearing 7days before hearinFM' av 3, 2010
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News ❑ Other ❑ Legally Required
Proposed Text: (Include legal description & common location & Size:
NOTICE OF FINAL ORDER
NO. 2010-01
COLLIER COUNTY WATER AND WASTEWATER AUTHORITY
A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO
SECTION 1 -6, COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, PROVIDING FOR THE ADOPTION
OF THE 2010 PRICE INDEX FACTOR SET ANNUALLLY BY THE FLORIDA PUBLIC SERVICE
COMMISSION, FOR UTILIZATION IN PRICE INDEX RATE APPLICATIONS FOR NON - EXEMPT WATER
AND /OR WASTEWATER UTILITIES PROVIDING SERVICE IN UNINCORPORATED COLLIER COUNTY
AND THE CITY OF MARCO ISLAND, FLORIDA.
COLLIER COUNTY WATER AND WASTEWATER AUTHORITY
DR. FAY BILES, PhD., CHAIRMAN
APRIL 26, 2010
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? ❑ Yes ❑ No
If Yes, what account should be charged for ad- ertising costs: P.O.# 4500117260
Rev' wed by:
Date
Division Administrator or Designee
List Attachments: )'i /t ck. Of di e l
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head aprr,o,v b qre
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legdl'P request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's of��jjce will i r ut
copies: Data:
❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Item N: 1 r J
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE
Date Receive Z Date of Public hearing / IDID ateAdvertised:
161 1 A6 I
FINAL ORDER NO. 2010-01
COLLIER COUNTY WATER AND WASTEWATER AUTHORITY
A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER
AUTHORITY, PURSUANT TO SECTION 1 -6, COLLIER COUNTY
ORDINANCE NO. 96-6, AS AMENDED, PROVIDING FOR THE ADOPTION OF
THE 2010 PRICE INDEX FACTOR SET ANNUALLY BY THE FLORIDA
PUBLIC SERVICE COMMISSION, FOR UTILIZATION IN PRICE INDEX
RATE APPLICATIONS FOR NONEXEMPT WATER AND /OR WASTEWATER
UTILITIES PROVIDING SERVICE IN UNINCORPORATED COLLIER
COUNTY AND THE CITY OF MARCO ISLAND, FLORIDA.
WHEREAS, Collier County Ordinance No. 96 -6, as amended, provides for the
Collier County Water and Wastewater Authority (AUTHORITY) to adopt a price index
factor for water and /or wastewater utilities on or before May 15`h of each calendar year
for the utilization in price index rate application; and
WHEREAS, Collier County Ordinance No. 96 -6, as amended, provides that the
price index factor shall be equivalent to the price index factor set annually by the Florida
Public Service Commission (COMMISSION); and
WHEREAS, the COMMISSION issued Order No. PSC -10- 0082- PAA -WS on
February 15, 2010, establishing the 2010 Price Index of 0.56 percent for water and/or
wastewater utilities; to be effective March 5, 2010.
NOW, THEREFORE, IT IS HEREBY ORDERED by the Collier County
Water and Wastewater Authority, in public meeting assembled, that:
1. The 2010 Price Index is 0.56 percent.
2. Any water and/or wastewater utility that intends to increase its rates by
implementation of this price index must notify the AUTHORITY on or after
the effective date of this Final Order of such intent and shall apply the 2010
Price Index to applicable 2009 calendar year operation and maintenance
expenses.
3. Utilities using the 2010 Price Index shall use the forms attached as
Appendices "A ", "B ", "C" and "D ", and shall follow all price index
application requirements specified in Collier County Ordinance No. 96 -06, as
amended, before implementing any index.
4. This Order shall become effective upon adoption by the AUTHORITY and
shall remain in effect until the AUTHORITY authorizes a change.
161146
This Final Order adopted this 3`d day of May, 2010, after motion, second, and majority
vote favoring the same.
Approved as to form
and legal sufficiency:
COLLIER COUNTY WATER AND
WASTEWATER AUTHORITY
Steve Williams DR. FAY BILES, PHD, CHAIRMAN
Assistant County Attorney
APPENDIX "A"
2010 PRICE INDEX APPLICATION
YEAR ENDED DECEMBER 31, 2009'
Utility:
2009 Operation and maintenance Expenses (O &M)
LESS:
(a) Pass - Through Items:
(1) Purchased Power
(2) Purchased Water
(3) Purchased Sewage
1611A6
WATER SEWER
Treatment
(4) Other 2:
(b) Rate Case Expenses Included In
2009 Expenses _
(c) Adjustments to O &M Expenses from
last rate case, if applicable:
(1) _
(2)
Costs to be Indexed
Multiply by the 2010 Price Index Factor
Indexed Costs
Add: Pass - Through Items
Total of Indexed Costs and Pass - Through Items
0.0056
Divide Total of Indexed Costs and Pass - Through Items
by Expansion Factor for Regulatory Assessment Fees 0.970
Increase in Revenue
Divide by 2009 Annualized Revenue
Percentage Increase in Rates
0.0056
0.970
'This amount should be for the calendar year 2009. If the utility is on a fiscal
year, a pro rata distribution between the utility's two affected annual reports should be
included as a supplemental attachment. The annual reports or general ledgers should be
used as the source document(s). The utility is required to send a worksheet showing the
pro rata distribution.
2 I applicable, deduct on this line any other expenses for which a pass - through has
been received. Specify the type of expense, which is being deducted.
3 I rates changed during or subsequent to calendar year 2009, the book revenues
must be adjusted to show the changes and an explanation of the calculation should be
attached to this form. (See Appendix `B" for instructions and sample format.)
APPENDIX "B" A
Have rates charged for customer services changed since January 1, 2009?
( ) If no, the utility should use actual revenues. This form may be disregarded.
( ) If yes, the utility must annualize its revenues. Complete the remainder of this form.
Annualizing calculates the revenue the utility would have earned based upon 2009
customer consumption at the most current rates in effect. To complete this calculation,
the utility will need consumption data for 2009 to apply to the existing rate schedule.
Below is a sample, which may be used.
CALCULATION OF ANNUALIZED REVENUES'
Number of
Bills/
Gallons Sold x
Residential Bills:
5 /8" x' /d' meters
1" meters
I '/2" meters
2" meters
Total No. Bills
Gallons Sold
Other Revenue
General Service:
5 /8" x' /4" meters
1" meters
1 V2" meters
2" meters
3" meters
4" meters
6" meters
Total No. Bills
Gallons Sold
Other Revenue
Total Annualized Revenues for 2009
2
2
Current
Rates
2
2
Annualized
Revenues
2
2
Annualized revenues must be calculated separately if the utility consists of both a
water system and a sewer system. This form is designed specifically for utilities using a
base facility charge rate structure. If annualized revenues must be calculated and further
assistance is needed, contact the Utility Regulation Staff at (239) 252 -2302.
2Complete only if billing charge is separate.
APPENDIX "C" 16 i 1
AFFIDAVIT
1, , UNDER OATH hereby affirms that I am the
duly authorized representative of and that the figures
and calculations upon which the change in rates is based are accurate and that the change
will not cause said to exceed its last authorized or calculated rate of return, pursuant to
Section I -6 (I) (4), Collier County Ordinance No. 96 -06, as amended, which is
This affidavit is made pursuant to this utility's request for a 2010 price index rate
increase.
Title
Subscribed and sworn (or affirmed) to before me
by
on 20 , who
❑ is personally known to me
❑ produced as identification
(Printed Name of Notary)
My Commission Expires:
(Print Name)
APPENDIX "D"
NOTICE TO CUSTOMERS
16!Y
On May 3`d, 2010, the Collier County Water and Wastewater Authority adopted
provisions permitting water and sewer utilities to adjust the rates it charges to its
customers without those customers bearing the additional expense of a public hearing.
"rhe adjustments in rates would depend on increases or decreases in non - controllable
expenses subject to inflationary pressures such as chemicals, and other operational and
maintenance costs.
On , filed notice of
intent with the Collier County Community Development and Environmental Services
Division (CDF,S), Office of Operations and Regulatory Management, to increase water
and wastewater rates as a result of this action. If acknowledged and approved by the
Collier County Water and Wastewater Authority, water rates will increase by
approximately % and wastewater rates by %. The adjusted rates
should be reflected on your bill.
Should you have any questions, please contact your local utility office. Be sure to
have your account number handy for quick reference. Customers may also direct
inquiries to the CDES Office of Operations and Regulatory Management, 2800 N.
Horseshoe Dr., Naples, Florida 34104 at (239) 252 -2302.
161 1 A6
Acct. #068784
April 22, 2010
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Notice of Final Order No. 2010 -01
Dear Legals:
Please advertise the above referenced notice on Monday, April 26, 2010, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500117260
161 1A6
NOTICE OF FINAL ORDER NO. 2010 -01
COLLIER COUNTY WATER AND WASTEWATER AUTHORITY
A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER
AUTHORITY, PURSUANT TO SECTION 1-6, COLLIER COUNTY ORDINANCE
NO. 96 -6, AS AMENDED, PROVIDING FOR THE ADOPTION OF THE 2010 PRICE
INDEX FACTOR SET ANNUALLY BY THE FLORIDA PUBLIC SERVICE
COMMISSION, FOR UTILIZATION IN PRICE INDEX RATE APPLICATIONS
FOR NON - EXEMPT WATER AND /OR WASTEWATER UTILITIES PROVIDING
SERVICE IN UNINCORPORATED COLLIER COUNTY AND THE CITY OF
MARCO ISLAND, FLORIDA.
COLLIER COUNTY WATER AND
WASTEWATER AUTHORITY
DR. FAY BILES, PhD., CHAIRMAN
1611
Ann P. Jennejohn
To: Naples Daily News Legals
Subject: Notice of Final ORder No. 2010 -01
Attachments: Notice of Final Order 2010- 01.doc, Notice of Final Order 2010- 01.doc
Hi again,
Please advertise the attached notice on Monday, April 26, 2010.
Thank you.
Ann Jennejohn, Deputy Clerk
Clerk to the BCC /VAB
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252- 8408(fax)
Ann P. Jennejohn
161 1 A6
From:
postmaster @collierclerk.com
Sent:
Thursday, April 22, 2010 2:42 PM
To:
Ann P. Jennejohn
Subject:
Delivery Status Notification (Relay)
Attachments:
ATT267493.txt; Notice of Final Order No. 2010 -01
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested delivery status
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Iegols@naplesnews.com
6 ffi I
Ann P. Jennejohn
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Thursday, April 22, 2010 2:56 PM
To: Ann P. Jennejohn
Subject: RE: Notice of Final Order No. 2010 -01
ok
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com]
Posted At: Thursday, April 22, 2010 2:42 PM
Posted To: Legals - NDN
Conversation: Notice of Final Order No. 2010 -01
Subject: Notice of Final Order No. 2010 -01
Hi again,
Please advertise the attached notice on Monday, April 26, 2010.
Thank you.
Ann Jennejohn, Deputy Clerk
Clerk to the BCC /VAB
Collier County Minutes & Records Dept.
239 - 252 -8406
239- 252- 8408(fox)
Please visit us on the web at www.collierclerk.com
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a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
161 1 "
Ann P. Jennejohn
From:
Pagan, Emely [EPagan @Naplesnews.com]
Sent:
Thursday, April 22, 2010 3:59 PM
To:
Ann P.Jennejohn
Subject:
Ad Confirmation
Attachments:
UAS30B.jpg
Thank you for placing your ad.
Ad Number 1850692
Total Ad Cost $109.74
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Ann P. Jennejohn
From: Naples Daily News [naplesnews @clicknbuy.com]
Sent: Monday, April 26, 2010 12:23 AM
To: Ann P. Jennejohn
Subject: Thank you for placing your classified advertisement.
Ad # 1850692
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF FINAL ORDER NO. 2010 -01 COLLIER COUNTY WATER AND WASTEWATER
AUTHORITY A
FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT
TO SECTION 1 -6, COLLIER COUNTY ORDINANCE NO. 96 -6, AS AMENDED, PROVIDING FOR THE
ADOPTION OF THE 2010 PRICE INDEX FACTOR SET ANNUALLY BY THE FLORIDA PUBLIC
SERVICE COMMISSION, FOR UTILIZATION IN PRICE INDEX RATE APPLICATIONS FOR NON-
EXEMPT WATER AND /OR WASTEWATER UTILITIES PROVIDING SERVICE IN UNINCORPORATED
COLLIER COUNTY AND THE CITY OF MARCO ISLAND, FLORIDA. COLLIER COUNTY WATER
AND WASTEWATER AUTHORITY DR. FAY BILES, PhD., CHAIRMAN April 26, 2010 Nol850692
You also have the exciting option to enhance your online advertisement with extended text, photos and even
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If you need any assistance with your advertisement, please contact our classifieds department. 239 - 263 -4700
Thank you for using naplesnews.com Online Classifieds.
Naples
Daily News
16 11
1A 6
Naples,
FL 34110
Affidavit of Publication
Naples Daily News
---------------------------------------------
----- -- ---------------- - - - - --
BCC /ODES BUDGET OFFICE
CLERK OF CIRC. COURT
P 0 BOX 413044
NAPLES FL 34101
REFERENCE: 068784 P.O. ##4500117260
59615372 NOTICE OF FINAL ORDE
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
_NOTICE OF4RIAL OROi1N 0.2/401
PUBLISHED ON: 04/26 COLLIER COUNITY WATER AND WASTEWA1MAb *J0TPY
A FINpt O:R OR OF THE VIER COUNTY WAT�1 AND WASTEWATER AUTHOR4
TY, MMEUAW TO SECTION Ids COLLIER COUNTY ORDINANCE NO. Kb, AS
MENDED, N6 P'OA THE ADOPTION OP THE 2 PRNS REOIX fACf011 SET
ANNUALLY
BY FICMbA PUBLIC S@RYDO'i FOl ViNUATIWI IN
PRICE RbEK RATE FOR N ANtYOg ZATIO IN
TER THE CITYLOF REARCO iSLANbI "IED COLLNR COUNTY ANO
COLLIER COUNTY WATER AM WASTEWATER AUTHORITY
AD SPACE: 2 8 LINE DR. FAY BILES, PM., CHAMAILM '
FILED ON: 04/26/10 80126.2010 _ reNRS
-- --- ----- --- ------ - - - - >- ------- fa-------------------------- L -- ----- - - - - --
Signature of Affiant \ JU- ('!,t�
Sworn to and Subscribed before me this q}y� day of C; 2010
Personally known by me %Mq FaM
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Notary
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My Comm Eaplres Ju? 29. 2013
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