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Backup Documents 01/26/2010 Item #16I 16/ 1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 26, 2010 I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: I) 2) 3) 4) 5) Affordable Housing Commission: Minutes of November 2,2009. Collier County Citizens Corps: Minutes of October 21. 2009; November 18,2009. Contractors Licensing Board: Minutes of October 21,2009. Development Services Advisory Committee: Minutes of November 4, 2009. Environmental Advisory Council: Minutes of November 4,2009. 6) Floodplain Management Planning Committee: Minutes of June I, 2009. 7) Forest Lakes Roadway and Drainage Advisory Committee: Agenda of November 18, 2009. Minutes of October 14, 2009. 8) Golden Gate Beautification Advisory Committee: Agenda of November 10,2009; December 8, 2009. Minutes of October 13,2009; November 10,2009. 9) Golden Gate Community Center Advisory Committee: Agenda of December 7, 2009. Minutes of November 2,2009. 10) Isles of Capri Fire Control District Advisory Committee: Minutes of October 29, 2009. 11) Land Acquisition Advisory Committee: Minutes of October 12,2009. 16/ 1 12) Library Advisory Board: Agenda of December 9,2009. Minutes of October 21, 2009. 13) Pelican Bav Services Division Board: Agenda of October 7,2009; November 4,2009; November 10,2009 joint workshop w/Pelican Bay Foundation Strategic Planning Committee; December 2, 2009. Minutes of October 7, 2009; November 4, 2009; November 10, 2009 joint workshop w/Pelican Bay Foundation Strategic Planning Committee. 14) Tourist Development Council: Minutes of January 26, 2009; February 23, 2009; March 23, 2009; April 27, 2009; May 28, 2009; June 22, 2009; September 28, 2009. 15) B. Other: 1) 2) 3) Utility Authoritv (Water and Wastewater Authority): Minutes of May 15,2009. Public Safety Coordinating Council: Minutes of June 11,2009. Southwest Florida Regional Planning Council: Annual Budget for FY2009-20 10. Code Enforcement Special Magistrate: Minutes of November 20,2009. RECEIVED DEe 1 4 2009 Fiala 0 Fit- Halas "'It- Hen~n9~ Coyle Coletta 16' 1 ~( November 2, 2009 Board of County CommissIoners MINUTES OF THE MEETING OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE Naples, Florida, November 2, 2009 LET IT BE REMEMBERED that the Collier County Affordable Housing Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION at Naples City Hall," 2nd Floor, Multi-Media Room, Naples, Florida, with the following Members present: CHAIRMAN: Stephen Hruby Randy Anderson John Cowan Christian Davis Cormac Giblin Christine Jones Kenneth Kelly Sally Masters Bradley Schiffer Stuart Warshauer - Alternate ALSO PRESENT: Marcy Krumbine, Director, Housing & Human Services Frank ("Buddy") Ramsey, Housing Manager Priscilla Doria, SHIP Loan Processor Misc. Carres: DatelJl I 0 Item #J~ LI.\ '.';'~Die$ to 16 I 1 A" November 2, 2009 1. Call to Order - Chairman The meeting was called to order by Chairman Hruby at 3:00 PM. Chairman Hruby read the procedures to be followed during the Meeting, 2. Roll Call of Committee Members and Staff The roll was taken and a quorwn was established. 3. Welcome to New Member - Chairman Chairman Hruby introduced and welcomed Mr. Anderson to the Committee. 4. Approval of Minutes - October 5, 2009 Changes: . On Page 3 (top) - "Available Proper/les" was clarified to read as follows: "expecting release of additional foreclosed properties into the market in November" Bradley Schiffer moved to approve the Minutes of the October 5,2009 meeting as amended. Second by John Cowan. Motion carried, 7-"Yes"/2-"Abstentions." (Mr. Anderson and Mr. Kelly abstained since they had not attended the October 5th meeting.) (Christine Jones arrived at 3:05PM.) 5. Approval of Agenda - Chairman/All Sally Masters moved to approve the Agenda as submitted. Second by Christine Jones. Carried unanimously, 10-0. 6. Information Items A. Presentation - Rehabilitation Aspect of NSP Homes: Rick Torres, Housing & Human Services Background: . County received $7.3M for the acquisition and rehabilitation of foreclosed single and multi-family properties . 25 properties have been acquired; 14 are currently being rehabbed . Contracts have been submitted to purchase 10 additional properties . Grant funds must be obligated by September, 2010 Rehabili/a/lon Process: . Acquisition of property . Each property is assessed and detailed bid specifications are prepared for contractors outlining required repairs . A "walk-thru" of the property is conducted with contractors . Sealed bids are submitted, a contractor is selected and awarded the bid . Average rehab costs: $32,000 per property . Energy efficient appliances (including A/C systems) will be installed to help reduce homeowners' energy bills . Impact-resistant windows and doors will be installed 2 16 I 1 ft\ November 2, 2009 . Repairs will include installation of new roofs, flooring, tile, and carpeting, in addition to the complete rehabilitation of kitchens and baths . Drain fields will be inspected and pumped, reports will be prepared for the new homeowners . Landscape contractors will monitor the properties until the new owners take possession Discussion ensued concerning: . Criteria for selecting contractors . Contractor "walk-thru," revised bid specifications, and change orders, . FPL rebates and possible tax incentives for energy-efficient AlC units and windows/doors (homeowner must apply), . Installation of appliances and external AlC condensers (at closing), . Cost of appliance packages (approximately $2,600) and restrictions regarding "bulk" purchases, and Chinese dry-wall (none discovered), . Eligibility for homeowners - income and adherence to FHA rules: o No bankruptcy or foreclosures o No "deed in lieu" of foreclosure o No delinquencies regarding payment of Federal income tax or Collier County property taxes . It was noted the only demolition that has taken place has been to remove non- Code compliant additions and garages. . A "sales" ordinance has been prepared and will be presented to the BCC in December to allow the County to sell the rehabbed properties. . Property prices will be based on the appraised value. . General contractors can perform mitigation inspections on properties for new homeowners to obtain a discount on their property insurance premiums, and contractors will provide a one-year warranty on each property. B. Subcommittee Update and C. Announcement of Subcommittee Workshop: Frank Ramsey (combined report) . The Workshop has been re-scheduled for Tuesday, November 24, 2009, at the BCC Chambers from 9:00 AM to 12:00 Noon . Topic: "Challenges to Obtaining Mortgage financing" . November Subcommittee meeting: Tuesday, November 24, 2009 following the Workshop (after a break for lunch) . The Workshop and Subcommittee meeting will be advertised as a "full" Committee meeting in order to prevent Sunshine Law conflict and allow all members to attend D. FY 2010 Impact Fee Deferral Program Funding: Frank Ramsey . County's Fiscal Year: October I. 2009 through September 30, 2010 . $603,112 will be available to defer General Impact Fees and $187,500 to defer Water/Sewer . Amount is 3% of funds collected during the prior Fiscal Year o in FY 2009 - $1.2M was available and in FY 2008 - $2.8M was available o 30 deferrals will be possible 3 161 1 AI November 2, 2009 . Deferral Program is available to providers/developers of affordable housing . County's Master Plan's goal: 1,000 affordable units to be built per year or 25% of total new construction . Suggestion: to adjust the figure every two years based on market (information is sent to the County Manager's Office) E. "Botanical Place" Draft of Assistance Proposal: Frank Ramsey . A resident of Botanical Place submitted a proposal to the Board of County Commissioners asking the County to financially assist to stabilize the neighborhood which has suffered from a significant nwnber offoreclosures . H&HS will assess the situation to determine if resources are available . Concern: the HOA is $100,000 in arrears on collection of dues from homeowners . 60 units of the 218 in the development are income-qualified (community is mixed income) . Proposed: the County buy any unit that is in foreclosure or about to enter foreclosure and then lease the property back to the homeowner at an affordable rental in order for the homeowner to re-establish credit . The proposal called for the operating and administrative expenses to be paid from NSP funds - which is not allowed under the terms of the Grant Discussion ensued concerning new FHA guidelines, effective in January, 2010, which will make condos more difficult to finance. It was suggested the Botanical Place HOA contact the Foreclosure Consortium Task Force concerning predatory lending mortgages. Also discussed development of a strategy to acquire a multi-family property, i.e., a small HOA, which the County could buy and then sell/give to a non-profit to rent and manage. Public Speakers: Elsie Pickering, Naples resident since 1997, questioned the definition of "affordable housing" and how average workers could afford the mortgage to purchase a property of $88,000 or more. Marcy Krumbine explained HUD standards allow only 30% of gross income to be used when qualifying for a mortgage. Mortgage amount + buyer's down payment and closing costs = purchase price of property. She further stated the average wage in Collier County is $30,000. Stan Swihart, M.D, Vice President of Habitat for Humanity, stated Habitat is definitely interested in participating in the NSP and stated the AHAC should lower its standards to reach more people in Collier County who want to own a home. He stated buyer's mortgage payment for a Habitat home priced at $125,000 would be approximately $650 per month, including principal, interest, taxes and insurance. He further stated Habitat has completed 36 rehabs already and could assist with "efficiency of scale." Frank Ramsey stated Habitat has received $1.4M from the County to acquire foreclosed properties for rehab, and if the County is awarded the NSP-2 Grant of $1 OM, it would welcome the opportunity to partner with Habitat. He pointed out that Habitat was selected to apply for its own NSP-2 Grant funding in recognition of Habitat's successful track record. Marcy Krumbine pointed out Habitat's business model relies on volunteers and donations from the public. The County and Habitat accomplish the same thing in different ways. Kathy Patterson, Collier County Housing Development Corporation, commented that HOC 4 161 1 Al November 2, 2009 is sponsoring a Foreclosure Seminar on November 9th to assist homeowners and renters. Additional information is available on their website: www.collierhousing.com 7. Election of Vice Chair Nominations for Vice Chairman were opened from the floor. Ken Kelly nominated Cormac Giblin to serve as Vice-Chairman. Bradley Schiffer nominated Sally Masters to serve as Vice-Chairman. As there were no other nominations from the floor, the nominations were closed Each candidate gave a brief history of their experience and community service. Chairman Hruby called for a vote by show of hands. Both candidates abstained from voting. There were five votes for Mr. Giblin and two for Ms. Masters. Chairman Hruby welcomed Cormac Giblin as the newly elected Vice Chairman. A membership roster was distributed and Frank Ramsey asked the members to email their changes to him. Next meeting: . December 7, 2009 - Naples City Hall, Multi-Media Conference Room, 2nd Floor There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:45 PM. Collier County Affordable Housing Advisop:-CQmmittee '. . '" /; \ ?J / , --- ----- The Minutes were approved by the Board/Committee Chair on as presented v< ' or as amended , VI~" '~~1 I 5 Fiala Halas Henning Coyle Coletta 2~ ~v: 1 Collier County Citizen Corps Advisory Committee October 21, 2009 RECEIVED DEe 1 8 2009 Voting Members Present Reg Buxton, Greater Naples Chamber of Commerce Russell Rainey, Community Emergency Response Team Jerry Sanford, North Naples Fire Walter Jaskiewicz, Coast Guard Auxiliary toarc of County Comm~ Voting Members Absent: (Excused Absence) Floyd Chapin, Community Emergency Response Volunteers Deborah Horvath, American Red Cross Lt Mike Jones, Collier County Sheriffs Office Doug Porter, Naples Civil Air Patrol James Elson, Collier County Veterans Council Expert Consultants Present: Jim vonRinteln, Collier County Emergency Management Voting Members Absent: (Non-Excused Absence) Captain Castillo, Salvation Army Meeting was called to order at 3 :00 p.m. Pledge of Allegiance recited and roll call taken. Walt Jaskiewicz showed a recently declassified video of how the Coast Guard protects the coastline of the U.S. and will get a copy for CCTV. AQproval of Minutes Due to lack ofa quorum, minutes of the July 15,2009, August 19, 2009, and September 16,2009 meetings were not approved. Threat Update Jim vonRinteln has not heard of anything other than cells being investigated in Boston and other cities. The travel alert is yellow for domestic and orange for international travel. We are still in hurricane seaSOn - Disturbance #64 is going toward Central America. Per Rick Zyvoloski, anything that might pop up will be with short notice. The water temperatures in the Gulf are still high. New Business COAD (Community Organizations Active in Disasters) Discussion Per Reg Buxton, all members present today were part of last Friday's advertised meeting. The group agrees to put together a book of volunteer organizations in the area. Jerry Welty from Red Cross will be checking with Debbi Johnson to begin this process. Reg will contact Jerry and Joe Frazier to get this going. Will formalize this plan at our next meeting. Russ will also get together with Joe to decide if a meeting will be held prior to the November Citizen Corps meeting. LMS (Local Mitigation Strategy) Plan Because there is no quorum, Rick Zyvoloski could not get a vote on the LMS plan. There was discussion of the plan - Walt asked why $250k was being spent to put screens on a glass building in Marco. Rick explained that a public notice goes out for these meetings and if someone wants to do a project worksheet, they can certainly present it to the LMS Group. The Citizen Corps is the parent organization to the Local Mitigation Strategy program - Reg is the representative from the Citizen Corps. Rick has several folks who have gotten mitigation dollars. Jim said the screens on this building will bring it from 111 mph wind sustained to 160 mph, and that this particular grant requires a 25% match from Marco. Rick shared the LMS form that needs to be filled out, as well as the success stories for money received. The group reviews and scores the requests - grant paperwork is a bigjob. ThrvllSC''lSOri'eS:weighted. $1 million was returned on the grant last year. The next LMS meeting will be held on November 20'h at the Regional Library next door. All are welcome to attend. If you want to be a voting member, you must make a commitment to attend th'Gitll~arterly meetings. The State is reviewing our LMS information right nOW. 0 I d-h I D Item#: C~~ieslo I lolL \ -.... "..._".~------_. ........- _-,'__-'-M~ n',_ ____~__,__~___.~_ ~"... _~.____,_~.. - -_.-. . '-'---~-"-"-"" - 161 1 A2rv Mass Vaccination Plan No discussion. Upcoming Elections Per Jim, nominations will be made at the next meeting in November, with voting in December. Membership Walt, Reg and Jerry Sanford are being re-nominated by their sponsoring organizations for new terms - RSVP needs to fill their position, vacated by Gerry Sugarman. Floyd Chapin will finish his term, and his organization (CERV) will nominate a new representative. Congratulations and many thanks to Floyd for his service to the committee. Discussion followed that we need to re-energize both voting and non-voting members to attend the meetings. Do we need to change the dates or times~' it was agreed at one point that the third Wednesday at 3 p.m. worked for folks. Jim will put together a letter to all members for Reg's signature. Walt mentioned we may want to get speakers to entice attendance. Old Business No discussion. Other Jerry Sanford shared pictures of the Freedom Memorial from two weeks ago. You can now see the lower part of the U.S. has been poured. Less than $250k has been spent - the rest of the memorial is the expensive part. Now that something is up, it is hoped that it will be easier to collect money for the completion. There are two signs in the area with the conceptual picture. They are thinking about a contest with the area children to put something on the wall. There will be a golf tournament on January 2, 20 I 0 at Naples Beach Hotel, with the proceeds going toward the Freedom Memorial. Cost is $115 per person. North Naples Fire Department has started another CERT class with 16 new students and 6 students re-taking the classes. Dan Summers reported that Emergency Management is monitoring the State and FEMA activities and changes. Everything is moving along - we need to stay up on technology issues. Next Meeting/Adjourn Next meeting is scheduled for November 18th at 3 p.m. at the ESC building. Motion to adjourn the meeting at 3:50 p.m. made by Reg and seconded by Russ. Approved unanimously. Minutes submitted by Mary Ann Cole. Approved by Chair: I} fr, Reg Buxtorl , II lv, !~>; I') /0 oj Date .. .. -"". '- 'J Citizen Corps Advisory Committee Agenda 21 October, 2009 3:00 Pledge of Allegiance -Opening Remarks -RollCall Chairman Sheriff's Office CERV USCGA Red Cross Chamber of Commerce Fire Chiefs CERT CAP Veterans Council RSVP Salvation Army EMS EM City of Naples Cleveland Clinic Health Dept Everglades City NCH Medical Examiner City of Marco Island Neighborhood Watch 3:05 Approval of Minutes Chairman 3:10 Threat Update Lt. Jones 3:15 New Business Chairman . COAD Discussion . LMS Plan . Mass Vaccination Plan . Upcoming Elections Chairman Rick Zyvoloski Rick Zyvoloski Jim von Rinteln 3:50 Old Business Chairman 4:00 Next Meeting/Adjourn (18 November, 2009) Chairman ...--.-.----."" 161 ""_'__'_--""-~-"""""-~^'-~"_"":~=' .",. '" .._:",,,,...... ,-_,__. .. ,'''" _.....,~__,__".,,~_~o.__.,_,,_,._. 1 AV ~-'~'----~-"'~"-'-'-'" 16 Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: (239) 252-8848 www.collicre;ov.net www.twitter.com/CollierPIO October 6, 2009 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA WEDNESDA Y, OCTOBER 21, 2009 Notice is hereby given that the Collier County Citizen Corps Advisory Committee will hold a public meeting on Wednesday, October 21 at 3 p.rn. in the 3rd floor Policy Room at the Emergency Services Center, located at 8075 Lely Cultural Parkway in Naples. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assislance. Please contact the Collier County Facilities Management Department, located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Otlice. For more information, call Joe Frazier at (239) 252-3600. -End- 16J~ 1 ~'V ColeMaryAnn ( FW: Citizen Corps Nk Upcoming Events of Int<?fe~t for Citizen Corps Councils & Partners Subject: From: FrazierJoseph Sent: Friday, September 18, 2009 8:32 AM To: BowmanDan; ColeMaryAnn; Dan Anderson; Dan Zunzunegui; David Baer; Debbie Horvath; Doug Port; Floyd Chapin; foord_m; FrazierJoseph; Jerry Sandford; Jim Elson; Joe wilkins; Kathleen Marr; Lt Mike Jone; Major Alejandro Castillo; Maria Bernaldo; Mike Jones; Mike Murphy; Nfn-1l555; Phil Reid; Reg Buxton; Russ Rainey; Ryan Frost; scribner-.J; TeachScott; Ted Soliday; vonrinteln-.J; Walt Jaskiewicz SUbject: FW: Citizen Corps News: Upcoming Events of Interest for Citizen Corps Councils & Partners To All Citizen Corps Representatives, Just received this information and I thought you all would want to review and possibly engage in one or two upcoming opportunities. Best Regards, Joe Joseph W. Frazier, CEM, FPEM, MPA Homeland Security Coordinator 8075 Lely Cultural Parkway Naples, FL 34113 Phone 239-252-3605 Fax 239-252-3609 josephfrazier@colliergov.net If you choose to share personal information with Collier Bureau of Emergency Services and Emergency Management and its Departments and Divisions by using an e-mail message, we will use the information only for the purpose necessary to conduct government business with you. However, under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this agency. Instead contact the office or individual by phone or in writing. In addition, any information you provide may be saved for a designated period of time to comply with Florida's archiving policies and may be subject to disclosure as required by State or Federal law. Please note that Florida's public records law requires that all information received in connection with state business be made available to anyone upon request, unless the informatron is subject to a specific statutory exemption. From: FEMA (Federal Emergency Management Agency) [mailto:fema@service.govdelivery.com] Sent: Thursday, September 17, 2009 6:39 PM To: vonrinteln-.J Subject: Citizen Corps News: Upcoming Events of Interest for Citizen Corps Councils & Partners Citizen Corps supports weekly and monthly outreach themes which encourage and promote civic engagement, public safety, preparedness, resilience, and volunteerism. The outreach themes are intended to be used as an opportunity to jumpstart work with additional Citizen Corps Affiliates and Partners on promoting awareness, planning events, and media outreach to strengthen community preparedness at the state and local level. Local Citizen Corps Councils and partners may contact local representatives from the organizations below to learn how the community can benefit from involvement, reach out to citizens about participation, and involve the local media in distributing information on these events. These events will help raise awareness for local Citizen Corps activities and ultimately increase community preparedness, training, and volunteer participation. The following are the upcoming events for October: 161 1 ttv . Crime Prevention Month: More than twenty-five million Americans are victims of crime each year. October is Crime Prevention Month, a time to recognize and celebrate the practice of crime prevention while promoting awareness of important issues such as victimization, vOlunteerism, and creating safer, more caring communities. The month-long recognition highlights successful crime prevention efforts on the local, state, and national levels. Visit the "What You Can Do" webpage of the National Crime Prevention Council to find out how your community can support this month's efforts to combat crime Also, participate in Celebrating Safe Communities to kick-off Crime Prevention Month on October 1-3,2009 (see below) . Diversity Awareness Month: October is DiverSity Awareness Month. Consider meeting with area minority leaders - in businesses, schools, churches, and local organizations - to discuss their role in promoting community preparedness and Citizen Corps. You can also organize public speaking opportunities or radio interviews for leaders in your community to promote increased participation in preparedness from across the diverse sectors of your community. Visit the website for the National Resource Center on Advancinq Emercency Preparedness for Culturally Diverse Communities for additional ideas, training materials, and resources. . National Cybersecurity Awareness Month: This October marks the fifth annual National Cybersecurity Awareness Month. The Department of Homeland Security's National Cvbersecuritv Division (NCSD) is once again actively engaging public and private sector partners through events and initiatives to increase overall awareness and minimize vulnerabilities. National Cybersecurity Awareness Month is a campaign designed to educate all citizens and key public and private sector partners on cyber threats and how to safeguard themselves at home, work and school. Visit the DHS Cvbersecuritv Awareness Month webpaqe to learn more about how you can help contribute to your community's cybersecurity awareness . Celebrate Safe Communities (October 1-3, 2009): The National Sheriffs' Association (NSA), the National Crime Prevention Council (NCPCl, and the Bureau of Justice Assistance (BJA) are teaming up on Celebrate Safe Communities (CSCl, an exciting initiative designed to help local law enforcement agencies and their community partners kick off events for Crime Prevention Month' Visit the NCPC webpage to see CSC In Action and learn how to get involved. . 28th National Fallen Firefighters Memorial Weekend (October 2-4, 2009): This year, the National Fallen Firefiqhters Foundation (NFFF) and the Department of Homeland Security's U.S. Fire Administration will recognize the 2Bth annual National Fallen Firefighters Memorial Weekend on October 2-4, 2009. Plaques with the names of more than 3,300 firefighters who lost their lives in the line of duty will surround the memorial in Emmitsburg, MD, which was established in 1981. Visit the National Fallen Firefiqhters Memorial Weekend website for more information on this important event to honor America's heroes. . Fire Prevention Week (October 4-10,2009): Fire Prevention Week 2009, sponsored by the National Fire Prevention Association (NFPAl, focuses on burn awareness and prevention, as well as keeping homes safe from the leading causes of home fires. Visit the NFPA's Fire Prevention Week website to see more about what fire and life saving educators will be doing to promote fire safety this week, and learn how fire prevention focused outreach and education can be conducted in your community. . America's Safe Schools Week (October 18-24, 2009); Join your local school district and the National School Safety Center in observing America's Safe Schools Week. The goal for this campaign is to motivate key education and law enforcement policymakers, as well as students, parents and community residents, to vigorously advocate school safety. Work with your local educators, policymakers and community at large to support local school safety efforts To find out more visit the National School Safety Center. . National School Bus Safety Week (October 19-23,2009): The National Association for Pupil Transportation (NAPT) promotes National School Bus Safety Week the third week in October. During this week, the NAPT hosts the National School Bus Safety Poster Contest, which allows students to artistically represent a safety theme and have a chance to win a prize, This nationwide contest for students in grades K-8 is a great way to get youth involved in preparedness and safety education in their own education institutions. This year's theme, "Avoid Harm, Obey the Stop Arm", and the winning poster can be seen on the National School Bus Safety Week website. . National Red Ribbon Week (October 23-31, 2009): The mission of the Red Ribbon Campaign is to present a unified and visible commitment towards the creation of a DRUG-FREE AMERICA. The National Red Ribbon Week, sponsored by the National Famiiv Partnership (NFP), is an ideal way for individuals and communities to unite and take a visible stand against substance abuse. The NFP helps citizens across the nation come together to keep children, families and communities safe, healthy and drug-free, through parent training, networking and sponsoring the Red Ribbon Campaign. Visit the NFP's National Red Ribbon Week website for more information and resources. . Make a Difference Day (October 24,2009): Each year, the Points of Licht Institute/Hands on Network sponsors Make A Difference Dav. This year marks the 18th year for Make A Difference Day, which will be celebrated on the fourth Saturday of October. Last year, more than three million people served on the 200B Make A Difference Day. The day connects people with opportunities to serve, increases the strength of communities and promotes civic engagement. Anyone can participate in this national day to help others. Visit the Make a Difference DAYtaBANK 2 161 1 , }\1? to find an opportunity in your community or engage your Citizen Corps Councilor partners in continuing their service to the community through a project. A complete list of weekly and monthly outreach themes for 2009 is available at www.citizencoms.qov/newslthemes.shtm. Sincerely, The National Office of Citizen Corps FEMA Community Preparedness Division Uodate Your E-mail Address I Sian UP for CERT Proaram Uodates I Unsubscribe Subscribe to receive alerts durina disasters in your state. Privacy Policv I GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. F-(:J,,1A US D8p:vtment of )"bnel,md Security' Washington DC 20472 'f (800) G?-f-F[JvlA {TJ62' 3 161 ~1J 1 ' ColeMaryAnn Subject: FW: "I Participate" Initiative From: esf15-ltro-req uest@vflists.volunteerflorida.org [mai Ita: esf15-ltro-request@vf1ists.volunteerflorida.org] On Beha If Of info@volunteerflorida.org Sent: Thursday, October 15, 2009 11:36 AM Subject: "I Participate" Initiative "I Participate" The Entertainment Industry Foundation and Corporation for National and Community Service to Spotlight the Power of Volunteer Service TO: DATE: RE: Volunteer Florida Partners October 15, 2009 "1 Participate" initiative As the economic divide widens, state and local budget cuts soar and more Florida families tighten their purse strings, volunteers are laboring in your community to close the gaps and help rebuild lives. The tremendous value of service and volunteering on the nation's future prosperity and addressing unmet needs in these tough economic times has captured the attention of newsrooms across America. The four major networks - ABC, NBC, CBS and FOX - teamed up to spotlight the power of service and volunteering in their top-rated primetime television shows from October 19-26. The unprecedented initiative, "1 Participate," is led by the Entertainment Industry Foundation (ElF) in collaboration with the Corporation for National and Community Service (CNCS), the federal agency whose mission is to promote service and volunteering. More than 60 of television's most popular shows - including 30 Rock, Desperate House Wives, CS/: New York, and Grey's Anatomy- have agreed to infuse service and volunteer messages in their shows, and the list keeps growing. Please help spread the word about this innovative initiative! b~ Scott VanDeman Director of Communications The Governor's Commission on Volunteerism and Community Service (Volunteer Florida) Office: B50-414-2974 Cell: 850-251-2834 FAX: 850-921-5146 The Elliot Building 410 South Monroe Street Tallahassee, FL 32301 scott@volunteerflorida.orq www.volunteerflorida.orq U"INUJI All A '" ~I"l.. {n.,efn Nom BRIGHTEN YOUR WORLD ... VOLUNTEER! Please note: Florida has a broad public records law. All written communications to or from state officials are publiC records available for review upon request. Your e-mail communications may, therefore, be subject to public disclosure. ColeMaryAnn 161 1 ~~ Subject: FW: "I Participale" Initiative From: esf15-ltro-req uest@vflists,volunteerflorida.org [ma lito :esf15-ltro-req uest@vflists.volunteerflorida.org] On Beha If Of info@volunteerfiorida.org Sent: Thursday, October 15, 2009 11:36 AM Subject: "I Participate" Initiative III Participate" The Entertainment Industry Foundation and Corporation for National and Community Service to Spotlight the Power of Volunteer Service TO: DATE: RE: Volunteer Florida Partners October 15, 2009 "I Participate" initialive As the economic divide widens, state and local budgel cuts soar and more Florida families lighten their purse slrings, volunteers are laboring in your community to close Ihe gaps and help rebuild lives. The tremendous value of service and volunteering on the nation's future prosperity and addressing unmel needs in these tough economic times has captured the attention of newsrooms across America. The four major networks - ABC, NBC, CBS and FOX - teamed up 10 spotlighl the power of service and volunteering in their top-rated primetime television shows from Oclober 19-26. The unprecedented initiative, "I Participale," is led by the Entertainment Industry Foundation (ElF) in collaboralion with the Corporalion for National and Community Service (CNCS), Ihe federal agency whose mission is to promole service and volunteering. More than 60 of television's most popular shows - including 30 Rock, Desperate House Wives, CSt: New York, and Grey's Anatomy- have agreed to infuse service and volUnteer messages in their shows, and the list keeps growing. Please help spread Ihe word about this innovative initiative! Scott VanDeman Director of Communications The Governor's Commission on Volunleerism and Community Service (Volunteer Florida) Office: 850-414-2974 Cell: 850-251-2834 FAX: 850-921-5146 The Elliot Building 410 South Monroe Slreet Tallahassee, FL 32301 scotttOlvol u nteerflorida. orq www.volunleerflorida.orq .. _Mll'.IUI " cOUInm 1flI!JtQ BRIGHTEN YOUR WORLD... VOLUNTEERI Please note: Florida has a broad public records law. All written communications to or from state officials are public records available for review upon request. Your e-mail communications may, therefore, be subject to public disclosure. .....,._---_._-----~ '-"-,._,-_.- __0_ ---_...-..""",.._..,,""',...~_._- "..........-. .,., -'~-"~"---'-"""'----'-'-- ColeMaryAnn 161 1 ~rv Subject: FW: Citizen Corps News: Secrelary Napolitano Announces New Proposed Standards for Privale Sector Preparedness From: vonrinteln-i Sent: Friday, October 16, 2009 8:14 AM To: FrazierJoseph Subject: FW: Citizen Corps News: Secretary Napolitano Announces New Proposed Standards for Private Sector Preparedness From: FEMA (Federal Emergency Management Agency) [mailto:fema@service.govdelivery.com] Sent: Thursday, October 15, 2009 6:47 PM To: vonrinteln-.J Subject: Citizen Corps News: Secretary Napolitano Announces New Proposed Standards for Private Sector Preparedness Secretary Napolitano Announces New Proposed Standards for Private Sector Preparedness Department of Homeland Security (DHS) Secrelary Janet Napolitano today announced new proposed standards for a 9/11 Commission-recommended program for Ihe private sector to improve preparedness for disasters and emergencies. "Preparedness is a shared responsibility and everyone-including businesses, universities and non-profit organizalions- has a role to piay," said Secretary Napolitano. "Ensuring our private sector partners have the informalion and training they need 10 respond to disaslers will strenglhen our efforts 10 build a culture of preparedness nationwide." DHS published a nolice in the Federal Register today seeking public comment on three new slandards identified for adoplion under the Voluntary Private Sector Preparedness Accredilation and Certification Program (pS-Prep). PS-Prep is a partnership between DHS and the private sector that enables private enlities-including businesses, non-profit organizations and universities-to receive emergency preparedness certification from a DHS accreditation syslem created in coordination wilh Ihe privale sector The notice proposes new PS-Prep slandards to enhance operational resilience, business conlinuily managemenl, and disasler and emergency management among participaling private sector partners. The proposed slandards, developed by the Nalional Fire Proleclion Association, the Brilish Standards Inslilulion and Ihe ASIS Inlernational, were selected based on their scalability, balance of interesl and relevance to PS-Prep from a group of 25 slandards proposed for consideration following Ihe publication of a Federal Register nolice in December 2008 announcing Ihe program. In addition to the standards in the notice posted loday, DHS is establishing classifications and methods of certifications thaI recognize the unique needs and characteristics of small businesses. Individuals wishing to submil commenls on the proposed standards, recommend additional slandards for consideration or comment on olher program malic aspects of PS-Prep may obtain a comment form and inslructions for submission online at www.requlations.qQY, in Docket 10: FEMA-2008-0017. DHS requests commenls by Nov. 15, Ihough it will accepl submissions al any time Ihereafter. For more information, visit tillp:l/www.fema.!l.QY{privatesectorlllilparedness/. This news story and other Community Preparedness news can be found on our website at www.citizencoms.qOv. Sincerely, The National Office of Citizen Corps FEMA Community Preparedness Division 1 ',' --., -~._. ..~""~-">.._-- ---~,,- ,.~,.. "_-'''''"'"'--_'~'~_''--"'--~''--''_-"'_''''-''"'~'-'"-'---''--. 161 1 ~cv ColeMaryAnn Subject: FW: LMS Chair to Brief the Cilizen Corps From: FrazierJoseph Sent: Monday, October 19, 2009 10:06 AM To: BowmanDan; ColeMaryAnn; Dan Anderson; Dan Zunzunegui; David Baer; Debbie Horvath; Doug Port; Floyd Chapin; foord_m; FrazierJoseph; Jerry Sandford; Jim Elson; Joe wilkins; Kathleen Marr; Lt Mike Jone; Major Alejandro Castillo; Maria Bernaldo; Mike Jones; Mike Murphy; Nfn-llSS5; Phil Reid; Reg Buxton; Russ Rainey; Ryan Frost; scribneU; TeachScott; Ted Soliday; vonrinteln-i; Walt Jaskiewicz Cc: zyvoloskU Subject: FW: LMS Chair to Brief the Citizen Corps Ladies and Gentlemen, We had a great round table meeting this past Friday and we discussed a direction we want to take for the future. On another note, Rick Zyvoloski has asked that I forward this information on the Local Mitigation Strategy ( please review the URL site below) for you to review prior to next Wednesday's Citizen Corps meeting. Your approval on the plan elements is required as he will brief the overall plan at this upcoming meeting. Thanks, Joe Joseph W. Frazier, CEM, FPEM, MPA Homeland Security Coordinator 8075 Lely Cultural Parkway Naples, FL 34113 Phone 239-252-3605 Fax 239-252-3609 josep hfraz ier@colliergov.net From: zyvoloski_r Sent: Monday, October 19, 2009 9:39 AM To: FrazierJoseph Subject: LMS Chair to Brief the Citizen Corps Joe, At Wednesday's CCCC meeting, I would like to brief the CCCC On the status of the Local Mitigation Strategy and get their approval on the plan elements previously approved by the LMS Working Group. You can help by asking them to review the documents, prior to the meeting at the following URL: !illp:! /www.colliergov.net/lndex.as~ge=281O. Thank you. rick Collier County Emergency Management Dept. 8075 Lely Cultural Parkway Suite 445 Naples, FL 34113 Office: 239-252-3600 FAX: 239-252-6735 t '-." ."_..._,-",,._-~~--_.,~-~--~-_. ~~- - .,---.....-."- . ____.__,.__.___m.~~.~_~~,_.._~.~,_.._~.~",h._.... .., __.._ ...~. 16l 1 ~~ , ColeMaryAnn Subject: FW: Cilizen Corps News Digest From: FEMA (Federal Emergency Management Agency) [mailto:fema@service.govdelivery.com] Sent: Friday, October 16, 20097:22 PM To: vonrinteln-.J Subject: Citizen Corps News Digest This Cilizen Corps News Digest is provided by FEMA's Community Preparedness Division 10 highlight community preparedness and resilience resources and activities recently announced by federal agencies and Citizen Corps partners. Around the Country . The Great California Shakeout At 10:15 a.m. on October 15, 2009, over 6.9 million Californians participated in the largest earthquake drill everl The purpose of the ShakeOul is 10 practice how to protect ourselves during earthquakes, and to get prepared at work, school, and home... . American Samoa Call for Assistance The compassion and generosity of the American people is never more evidenl than after a disaster. To learn more aboul ways you and your communily can help American Samoa, CNMI, and Guam via donations or volunteering, visit to www.fema.govldonations... . Remembering Ihe Loma Prieta Earthquake Twenty years ago today, the lives of many Californians got an unexpected jolt. The San Francisco Bay Area was struck by a massive 6.9 magnilude earthquake, killing dozens and injuring many more. But whal was a tragedy also became a lestament to the willingness of individuals, communities and a whole country to come to the help of another... FEMA and DHS Updates . Secretary Napolitano's Inauqural Meeting with the DHS Veterans Outreach Steerinq Committee DHS Secretary Janet Napolilano held her inaugural meeting with the DHS Velerans Outreach Steering Committee to discuss the Deparlment's ongoing commilment 10 engaging the unique skills of velerans through employment, contracling opportunities and collaboration on key DHS initialives such as Citizen Corps and olher preparedness programs... . Cybersecurity Webcast by Secretary Napolilano- Oct 20th (iJl11 am ET DHS Secretary Janet Napolilano will deliver a special webcast address during Nalional Cybersecurity Monlh on Oct 20th, 11 :00 a.m. EDT. The Secretary will discuss the urgenl need to counler the Ihreat of cyber attacks, shared responsibility for staying safe online, and leadership role DHS is playing on cybersecurity. The speech will be broadcast live online at www.dhs.qQ'{... . Secretary Napolitano Announces New Proposed Slandards for Private Sector Preparedness DHS Secrelary Janet Napolitano today announced new proposed slandards for a 9111 Commission- recommended program for the private sector 10 improve preparedness for disasters and emergencies. "Preparedness is a shared responsibility and everyone-including businesses, universilies and non-profit organizalions-has a role to play," said Secretary Napolilano. "Ensuring our privale sector partners have the information and training Ihey need to respond to disasters will strengthen our efforts to build a culture of preparedness nationwide." . FEMA Announces Redesign of Ihe Spanish Web Site FEMA officials announced the launch of FEMA's redesigned Spanish Web sile, www.fema.qovlespanol. As part of FEMA's mission to be Prepared, Responsive, and Committed and commemorating the National Hispanic Heritage Month, the site was deployed to cover the needs of Spanish-speakers nationwide and establishes a new stage in the agency's multilingual communications efforts... . The National Dialogue on Ihe Quadrennial Homeland Security Review Closes From July 16th through October 41h, more than 20,000 stakeholders from all 50 U. S. slales and the District of Columbia participated in this series of dialogues 10 help inform the developmenl of this importanl review, which will inform Homeland Security policy for Ihe next four years. The Quadrennial Review will be delivered to 1 ...,,_._.~,- . '~-~~--''''''''''--''''-''''-''''--~~'-~.--- _~'~'__'O'~_ 16 f 1~?/ Congress in a final report by December 31, 2009. In the meantime, you can find more information on the QHSR process at www.dhs.qov/<1.b.g... Partner and Affiliate Updates . Celebrate Safe Communities and National Crime Prevenlion Monlh Long-lime partners in crime prevention, Ihe Nalional Sheriffs' Associalion (NSA), Ihe National Crime Prevenlion Council (NCPC), and the Bureau of Juslice Assistance (BJA) are teaming up on Celebrate Safe Communilies (CSC), an exciting new iniliative designed to help local law enforcement agencies and their community partners kick off celebrations of Crime Prevention Month every October... . Nalional Commission on Children in Disasters Delivers Report to President and COnqress The Interim Report identifies several shortcomings in disaster preparedness, response and recovery and provides recommendations designed 10 make children an immediate priority in disaster planning. The CommissiOn is calling on the President and Congress to enact sweeping changes to end Ihe cycle of "benign neglect" of children in disaster planning and management... . HHS Unveils New Features on Flu.qQY HHS Secretary Kathleen Sebelius unveiled several new resources on the federal government's one-stop resource for flu informalion -- www.flu.qQY. The Web site now features a new H1 N1 Flu Self-Evalualion guide for adulls 18 and older along wilh a new Flu Mylhs and Facts section, which provides the public with Ihe latesl and most accurale information aboul the flu... Grants and Funding . 6Q.ply for FP&S Granl to Fund Fire Corps Iniliatives DHS's FY 2009 Fire Prevention and Safely (FP&S) Grant application period is now open. Help your department apply for funds to support important programs including Fire Corps activities. The application deadline is Oclober 23. To learn more and apply for Ihe grant, click here. . Granl Proqrams Directorate Information Bulletin No. 333; Use of Standard Form (SF) 425, Federal Financial ~ort, in lieu of SF-269, SF-269A, SF-272, and SF-272A for Recipient Financial Reportinq On October 15, 2008, Ihe Office of Management and Budget (OMB) issued a Federal Regisler Nolice entitled "Information Collection Activities: Proposed Collection; Commenl Request" to outline upcoming requirements related to recipient financial reporting. OMB direcled that the SF-425, also known as Ihe Federal Financial Report (FFR), replace the SF-269, SF-269A, SF-272, and SF-272A, currenlly used by Federal grant recipienls to report Ihe financial stalus of grant funds and cash transactions using grant funds... If you wish fa receive community preparedness news each day, please sign up to receive our Communifv Preparedness News RSS feed, download the Community Preparedness News Widqet, or visif our News & Evenfs webpaqe. Sincerely, The National Office of Citizen Corps FEMA Community Preparedness Division 2 - ____."._".."___~_~.,,~. __".....,_ ._"n'_", __ , '''_'''"_''___''_'~'''"'~__'_ _'." """',.-- '''_.__.''-''--...~-~~_..-".."".-,- 161 1 ~1/ ',,}'<(iK,i '""A'V""""'; ,.,O\:.,.,~'-t;, :'!': .: .:.>'."..../th\';X.:,,;,. . '. ~: ,,:i~ , ::.'A'C".,,.. ,,;-.jfN,1( "'-'." ""...~.. . 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'--' ._',--~,_.-..._,_.._,- "'.-- 16 I 1 {t1., ( Fiala Halas Henning Coyle . ,_. ~nlAth' - <:",'J · V otin~~Ml5'ers Present " 161 II AVV/ 1 Collier County Citizen Corps Advisory Committee November 18, 2009 Reg Buxton, Greater Naples Chamber ofConunerce Russell Rainey, Community Emergency Response Team Jerry Sanford, North Naples Fire Walter Jaskiewicz, Coast Guard Auxiliary Doug Porter, Naples Civil Air Patrol Deborah Horvath, American Red Cross (via phone) RECEIVED DEe 1 8 2009 tjf~;t1 tlrCouniy Co~, Voting Members Absent: (Excused Absence) Vacaut, Community Emergency Response Volunteers Vacant, Retired Senior Volunteer Lt. Mike Jones, Collier County Sheriff's Office James Elson, Collier County Veterans Council Expert Consultants Present: Jim vonRinteln, Collier County Emergency Management Maria Bemaldo, Collier County Health Department Greg Speers, East Naples Fire District Voting Members Absent: (Non-Excused Absence) Captain Castillo, Salvation Army Meeting was called to order at 3:00 p.m. Pledge of Allegiance recited and roll call taken. Approval of Minutes Motion to accept the minutes of the July 15,2009, August 19,2009, and September 16, 2009 meetings made by Walt Jaskiewicz and seconded by Doug Porter Approved unanimously. Correctiou to the October 21,2009 minutes requested by Walt and approved unanimously. Mary Ann to make the corrections and get the Chair's signature at the next meeting. Threat Update Jim vonRinteln has not heard of any changes to the current threat situation - Elevated Threat (Yellow) at the National level, and high level for domestic and international travel. Recommend everyone remain vigilant. New Business Election of Officers Nominations were made as follows: Russ Rainey nominated and Jerry Sanford seconded Reg Buxton as Chair of the Citizen Corps; Reg nominated and Doug Porter seconded Russ as Vice-Chair; and Reg nominated and Walt Jaskiewicz seconded Jerry as Secretary. It is important that we have a quorum at our December meeting, in order to elect these officers. Jim vonRinteln reminded the group that we are looking for someone to replace both the RSVP and CERV representatives. [fyou know of someone, please let us know. EOC Update Per Jim, a number of exercises have been held over the past month, with everything working pretty much at 100%. A phone bank exercise was held this morning in order to get people trained and to work out any bugs. Dan Summers' goal is to hold monthly exercises. Of course, the ultimate test is when we are activated. If you have any training/exercise ideas, please let Jim know. He will get together with Civil Air Patrol for a digital imagery exercise. The dedication of the building went well - it will be aired on Channel 97. Per Jim, we continue to get tour requests - it is a good way to show your groups what this place is about. Please clear these tours with Jim fIrst. Misc. Corres: LMS (Local Mitigation Strategy) Plan Date. Per Rick Zyvoloski, the LMS working group falls under the Citizen Corps. He handed out paperwOrK~.wOlCn IS the group's annual update. The plan is up for review, and expires on January 10,2010. This needs to get before the I:j~~ If. soon as possible - er Jim, it can take up to four weeks to get before the Conunission. A draft can be sent as a read-abead, and t~e"Co ISSlOn can approve it before '~'es to It 161 1 Jt1; the Statc or FEMA. Should be able to get it to the January 12" meeting. Until it is approved, the group will not be eligible for Federal grants. The folks doing the vulnerability analysis have had a staffreduction, so it won't be ready. Rick reviewed and highlighted the 31 projects which are success stories and completed projects. Any grant applications must be completed by the individual or group. We have turned monies away. The Feds don't recognize protecting just shelters, which has tied our hands. The whole building must be done, Le., not just the gym area. The LMS is a strategy, not a plan. The meetings are open to anyone, and you can become a'voting member as long as you are committed to attending the quarterly meetings. There will be a new member at this Friday's meeting, someone from the building industry. Old Business HINI Update Maria Bemaldo from the Health Department handed out information regarding the H1Nl virus. Activity was down during the 11/l-II/7 time period. Vaccination for high-risk population is being done now general population will begin soon (no date set). Walt asked why there is a cut-off age of 65+. Per Maria, that group was exposed when they were younger and have the antibodies to fIght this. The vaccination clinics will be held through January and February of2010. Lee County ran out of the vaccine one day - Collier County has not had that problem. There was a question regarding adverse reaction - the only thing noticed is soreness around the injection site. Locations for the vaccine are the North Collier Regional Park and the former K-Mart on East 41. Rick said Collier cases are not as widespread, they are more sporadic. Resource Book There is still interest in this project, and Joe Frazier said we have some money to put it together. Jerry Welty from the Red Cross spoke with the person who is going to do this. We currently do not have a project lead. Russ requested that Judy Scribner have some input into this, and Reg asked Mary Ann to let Joe and Judy know to get with the person and report back to the group at December's meeting. Other Per Jerry, there will be a Freedom Memorial Golf Tournament on January 2"d at Naples Beach Hotel. Cost is $115 per person. Greg Speers mentioned that there will be a CERT team manager meeting with Chief Jim Bloom this coming Monday. SheriffRambosk is looking at CERT working together with the Sheriffs offIce. The Red Cross is providing lunch and dinner today and lunch tomorrow for the search and rescue crew looking for the missing hunter. The Salvation Army will provide dinner tomorrow. FEPA conference information handed out by Jim, in case anyone is interested in attending. No money is available for this, so it will be at your own expense. Next Meeting/ Adioum Next meeting is scheduled for December 16th. This will be a holiday lunch/meeting TO INCLUDE ELECTION OF OFFICERS at 12 noon at the American Red Cross Headquarters. Deb will get information to Mary Ann, who will get it out to the group - lunch will be sandwiches from Honey Baked Ham. Cut-off date for meal request will be December] 4" (should cost about $5 per person). Motion to adjourn the meeting at 3:45 p.m. made by Walt and seconded by Jerry. Approved unanimously. Minutes submitted by Mary Ann Cole. Approved by Chair. t7l if ., ... ,---,--~-~-- -~T-- -~- ------ Reg Buxton I 11/1/0< Date Collier County Government Atl/ Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: (239) 252-8848 www.collicrgov.net www.twitter.com/CollierPI 0 November 4, 2009 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA WEDNESDA Y, NOVEMBER 18, 2009 Notice is hereby given that the Collier County Citizen Corps Advisory Committee will hold a public meeting on Wednesday, November 18 at 3 p.m. in the 3rd floor Policy Room at the Emergency Services Center, located at 8075 Lely Cultural Parkway in Naples. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committec prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), rcgister with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Ollice. For more information, call Joe Frazier at (239) 252-3600. -End- 161 ;~\1 AV ColeMaryAnn Subject: FW: Citizen Corps News Digest From: vonrinteln~ Sent: Monday, November 16, 2009 3:35 PM To: FrazierJoseph Subject: FW: Citizen Corps News Digest From: FEMA (Federal Emergency Management Agency) [mailto:fema@service.govdelivery.com] Sent: Monday, November 16, 2009 3: 19 PM To: vonrinteln~ Subject: Citizen Corps News Digest This Citizen Corps News Digest is provided by FEMA's Community Preparedness Division to highlight community preparedness and resilience resources and activities recently announced by federal agencies and Citizen Corps partners. Around the Country Citizen Corps Stories of Service: "We Have A Plan" "Two years ago before volunteering to develop a CERT program in Monroe County, Illinois I sat on my couch in the basement with my daughter one evening hoping all would be well when the tornado siren blared out the warning of an impending threat..." FEMA and DHS Updates 2009 National Conference on Community Preparedness Videos Available Videos and transcripts of the featured plenary speakers at the 2009 NCCP are now posted on our website at www.citizencoros.Qov/nccp. Citizen Corps Councils and partners are encouraged to link directly to the videos, embed them on their websites, or download them to share with their members who were unable to attend. Secretarv Napolitano Unveils New Veterans Website DHS Secretary Janet Napolitano today unveiled a new website designed to provide a one-stop location for veterans and veterans organizations to learn about DHS' many veteran outreach initiatives and hiring and contracting opportunities. The new website, available at www.dhs.qov/veterans, features information for veterans about how to find employment opportunities at DHS, ways to qet involved in communitv-based efforts like Citizen Corps, and special veteran programs such as Operation Wanfighter and Wounded Warrior, which provide employment opportunities for severely wounded or recovering service members to assist their transition back to the military or civilian workforce. Get Involved in the Development of a National Disaster Recoverv Framework DHS Secretary Janet Napolitano and HUD Secretary Shaun Donovan co-chair the newly-formed Long Term Disaster Recovery Working Group that is chartered with providing the President with recommendations on how to improve long- term disaster recovery. This high level strategic initiative includes an outreach effort to collect input from stakeholders, community leaders, and citizens on how to support the work of the Long Term Disaster Recovery Working Group. Inputs received will help shape recommendations for improving long-term disaster recovery as well as the development of a National Disaster Recovery Framework. To submit your inputs, click here. FEMA Enqaqes Stakeholders to Discuss National Flood Insurance Proqram FEMA announces a new avenue for the public to provide input regarding the National Flood Insurance Program (NFIP) via a 3D-day public comment period. Starting November 6th, stakeholders and individuals can visit www.fema.qov/nfipcommentsto provide input and identify challenges regarding the NFIP. FEMA Administrator Craiq Fuqate Keynotes Random Hacks of Kindness. Disaster Relief Codeiam FEMA Administrator Craig Fugate today keynoted the inaugural Random Hacks of Kindness, Disaster Relief Codejam (RHoK). RHoK is an initiative, sponsored by industry leaders such as Google, Microsoft, and Yahoo! in conjunction with 1 - -~"' NASA and the World Bank that brings together disaster relief experts and software engineers.to work lidentifjing key lI\,() , challenges to disaster relief, and developing solutions to these critical issues. 6 1 " V FEMA Administrator Fuqate Addresses Leadership of National Volunteer Orqanizations Active in Disa r FEMA Administrator Craig Fugate addresses the National Voluntary Organizations Active in Disaster (National VOAD) Board of Directors Meeting. The gathering of national nonprofit organizations, who are dedicated to disaster preparedness, response, and recovery, took place at the Salvation Army headquarters in Alexandria, Virginia. Partner and Affiliate Updates National Service Actinq CEO Announces Veterans Service Initiatives The Corporation for National and Community Service hosted an event that highlighted the agency's service initiatives that address unmet needs of veterans and military families and leverage veterans' expertise and skills to help tackle national challenges. At the event, Civic Enterprises released a report, "All Volunteer Force: From Military to Civilian Service," that found that an overwhelming percentage of veterans want to volunteer as a way to continue serving and offers recommendations on how to best tap into veterans' passion to serve. On November 18 the Corporation and U.S. Senator Mark Warner (VA) will hold a national conference call to discuss the deveiopment of the Veterans Corps and provide information about funding opportunities in AmeriCorps that promote service with veterans, for veterans and by veterans. White House Announces 'Partnerships bloq' President Obama established the Office of Faith-based and Neighborhood Partnerships to connect the Federal government to local nonprofit organizations and community leaders - both faith-based and secular - that are serving individuals, families and communities in need. We form partnerships between government and non profits on a range of issues, from public health to disaster response and everything in between, in order to better serve all Americans. This blog will highlight the work of the White House Office of Faith-based and Neighborhood Partnerships, along with the activity at Centers for Faith-based and Neighborhood Partnerships that we coordinate at several Federal agencies. Give A Dav. Get A Disney Dav. HandsOn Network, a National Citizen Corps Affiliate, is excited to announce "Give A Day, Get A Disney Day." Individuals and families who give their time to help improve communities are being celebrated and offered a free one-day ticket to a Disney. Many nonprofit and community partners will be able to participate in the program through partnerships with a HandsOn Action Center. The goal is to engage one million volunteers in service. Season of Suppers Campaiqn For pets and their parents alike, hunger can become a mutual afflictio n. Pet parents have been known to forego their own dinner so their furry companions can eat. That is why the Meals on Wheels Association of America (MOWAA) and the Banfield Charitable Trust have teamed up to help ensure that pets and their people both get what they need this holiday season. Pets of many MOWAA recipients are in need of nutritious food and the Season of Suppers campaign helps local Meals on Wheels programs start or sustain pet food distribution programs to feed the pets of their homebound clients. The 2009 Season of Suppers Campaign runs November 1 through December 31. Grants and Funding Is your preparedness program taking part in the $40,000 DARPA Network Challenge? It has come to our attention that Citizen Corps Councils and partner programs around the U.S. are considering taking on the DARPA Network Challenge. This competition was created to explore the roles played by the Internet and social networking in timely communication, wide-area team-building, and urgent mobilization required to solve broad-scope, time-critical problems. The specific goal of the challenge is to be the first to submit the locations of ten red weather balloons posted at 10 fixed sites in the continental U.S. on December 5th. The first entrant to present the latitude and longitude of all ten balloons will win $40,000. As we have seen in recent disasters and incidents such as the Virginia Tech shootings, 2009 California Wildfires, and Hurricane Ike, information sharing among citizens through social networking has been beneficial to both responders and the public. This challenge is a great way to demonstrate how local and regional resources can share time-sensitive information, network, and collaborate to achieve a common goal. If you are participating, please send an email with your story to citizencorQs(1i)dhs.qov so we can share the successes and hurdles you encounter as you organize and participate in this challenge. For more information on the DARPA Network Challenge, visit: htlp:llnetworkchallenqe.darpa.mil/. If you wish to receive community preparedness news each day, please sign up to receive our Community Preoaredness News RSS feed, downioad the Communitv Preoaredness News Widqet. our visit our News & Events weboaqe. Sincerely, The National Office of Citizen Corps FEMA Community Preparedness Division ColeMaryAnn 161 -I Arv From: Sent: To: Subject: Frazier Joseph Thursday, November 05, 20094:20 PM BowmanDan; ColeMaryAnn; Dan Anderson; Dan Zunzunegui; David Baer; Debbie Horvath; Doug Port; Floyd Chapin; foord_m; FrazierJoseph; Jerry Sandford; Jim Elson; Joe wilkins; Kalhleen Marr; Lt Mike Jone; Major Alejandro Castillo; Maria Bernaldo; Mike Jones; Mike Murphy; Nfn-11555; Phil Reid; Reg Buxlon; Russ Rainey; Ryan Frost; scribnerj; TeachScoll; Ted Soliday; TroneSue; vonrinlelnj; Walt Jaskiewicz FW Minutes from 10/21/09 Ladies and Gentlemen, We have not had a quorum for the past four meetings and since this upcoming meeting involves elections, I respectfully ask that we have maximum participation for the November 18 meeting. Thanks, Joe Joseph W. Frazier, CEM, FPEM, MPA Homeland Security Coordinator Collier County Emergency Management 8075 Lely Cultural Parkway Naples FL, 34113 239-252-3605 Fax: 239-252-3609 jose p hfra z ie r@colliergov.net From: ColeMaryAnn Sent: Wednesday, November 04, 2009 1:50 PM To: FrazierJoseph Subject: Minutes from 10(21(09 ~ Citizens Corps minutes 102109.... ~A"" Mary Ann Cole Collier County Emergency Management 8075 Lely Cultural Parkway, Suite 445 Naples, FL 34113 Phone 239-252-3600 Fax 239-252-3700 www.collierem.org If you choose to share personal information with Collier Bureau of Emergency Services and Emergency Management and its Departments and Divisions by using an e-mail message, we will use the information only for the purpose necessary to conduct government business with you. However, under 1 -, --"'-"_-~-'_--,.._...."...". ,-"_",,_,,, ,,? _"__~_ ~N ColeMaryAnn 161 1 A'V From: Sent: To: FrazierJoseph Monday, November 09, 2009 12:38 PM BowmanDan; ColeMaryAnn; Dan Anderson; Dan Zunzunegui; David Baer; Debbie Horvalh; Doug Port; Floyd Chapin; foord_m; Frazier Joseph; Jerry Sandford; Jim Elson; Joe wilkins; Kathieen Marr; Lt Mike Jone; Major Alejandro Caslillo; Maria Bernaldo; Mike Jones; Mike Murphy; Nfn-11555; Phil Reid; Reg Buxton; Russ Rainey; Ryan Frosl; scribneU; TeachScott; Ted Soliday; TroneSue; vonrinteln~; Wall Jaskiewicz; Andy Marfongella, Big Corkscrew, 348-8006; Barry Gerenstein, Verona Walk, 417-9052; Bob Coffeen; Elisa Yanes, Immokalee Fire, 657-2700; gastineau_b; Greg Speers, East Naples Fire, 659-7800, 465-9752; HalmanRobert; Jim Nee; Matthew Zaleznik, GGFD, 348-7540; PacterGreg; Pam DeMeo, City of Naples CERT, 213-4918; Rick Heers; Robert Mendoza, Immokalee Fire, 657-8587; Stephen Fickling, MI Fire,398-3105; WatsonWayne; zyvoloskLr FW Cilizen Corps/CERT COnference Call 11/10/09 - Cancelled Subject: FYI to those of you who were planning to phone in for the CC /CERT conference cali. From: Hines, Nikki [mailto:Nikki.Hines@em.myflorida.comj On Behalf Of Citizen Corps Sent: Monday, November 09, 2009 11:4S AM To: Hines, Nikki; Michael Gonzalez; Ken Wolfe; grandea@miamidade.gov; Daniel Hahn; Rice,Lisa; Cpatella@hernandocounty.us; Pam Harris; Jerald O'Cathey; whiteheadv@hillsboroughcounty.org; Eugene Henry; Cosette Whitmore; dstover@seniorfriendship.com; Anne M. Miller; FrazierJoseph; Freddy Zelaya; Matt Cronin; Margaret Bulin; Patricia White; Vicki.robles@cityoforlando.net; Leatha Keene; Larry Thompson; Baird, Alexander; CaragoUL, Jose; nrynning@cityofsunrise.org; Kimberly Spill:; wayne.sallade@charlottefl.com; Captain James Feeney; mbiasetti@capecorai.net; gail.lazenby@districtgov,org; Richard Berman; tharper@flaglercounty.org; Ebbin Spellman; Ticefd7@yahoo.com; Diane Surratt; mbnfmfd@yahoo.com; JohnJrailey@sheriff.org; Alan Williamson:; John Ward; ksaintil@ci.dania-beach.fi.us; Larry Archacki:; gregory_holness@sheriff.org; patrickc@lehighfd.com; Renee Scurlock; MichaeLcampbell@sheriff.org; Linda Mandell; Iblack@coj.net.; jdowney@davie-fi.gov; Susanna Laurenti; kmueller@pascocountyfi.net; Ria Maris; Jonathan Lord Cc: Ousley, Princess; DEM Regional Coordinators Subject: RE: Citizen Corps/CERT Conference Call 11/10/09 - Cancelled FYI: The Citizen Corps/CERT Conference Call on November 10, 2009 has been cancelled due to Hurricane Ida. There will be a tentative date scheduled for the (Intent to Award -Funding Allocation) on the Citizen Corps website. Nikki Hines Community Assistance Consultant Florida Division of Emergency Management Office: (850) 413-9894 www.tloridadisaster.or): ------ -- '-^-~'-'-~-'-~- --'-~--'"-,-- ,-,- ~ . ,," - From: Hines, Nikki Sent: Friday, October 30, 2009 1:42 PM To: 'Michael Gonzalez'; 'Ken Wolfe'; 'grandea@miamidade,gov'; 'Daniel Hahn'; 'Rice,Lisa'; 'Cpatella@hernandocounty.us'; Pam Harris; Jerald O'Cathey; 'whiteheadv@hillsboroughcounty.org'; Eugene Henry; 'Cosette Whitmore'; 'dstover@seniorfriendship.com'; 'Anne M. Miller'; 'FrazierJoseph'; 'Freddy Zelaya'; 'Matt Cronin'; Margaret Bulin; Patricia White; 'Vicki.robles@cityoforlando.net'; 'Leatha Keene'; Larry Thompson; 'Baird, Alexander'; 'CaragoUL, Jose'; 'nrynning@cityofsunrise.org'; 'Kimberly Spill:'; wayne.sallade@charlottefi.com; 'Captain James Feeney'; 'mblasetti@capecorai.net'; 'gail.lazenby@districtgov.org'; 'Richard Berman'; 'tharper@flagiercounty.org'; 'Ebbin Spellman'; 'Ticefd7@yahoo.com'; Diane Surratt; 'mbnfmfd@yahoo.com'; 'JohnJrailey@sheriff.org'; 'Alan Williamson:'; 'John Ward'; 'ksaintil@ci.dania-beach.fi.us'; 'Larry Archacki:'; 'gregorLholness@sheriff.org'; 'patrickc@lehighfd.com'; 'Renee Scurlock'; 'MichaeLcampbell@sheriff.org'; 'Linda Mandell'; 'Iblack@coj.net.'; 'jdowney@davie-f1.gov'; 'Susanna Laurenti'; 'kmueller@pascocountyfi.net'; 'Ria Maris'; Jonathan Lord 1 ,.----- ...., ...._-_.__._--~,~--,_._....~_._,.__.._.,,_.__._,- - , ...- _.- ............"'...M'.._ "~_.....,_.__ ,'."..,.,. 161 1 Atz/ ColeMaryAnn FW: Citizen Corps News Digest Subject: From: FEMA (Federal Emergency Management Agency) [mailto:fema@service,govdelivery.comj Sent: Tuesday, November 03,20095:19 PM To: vonrinteln-J Subject: Citizen Corps News Digest This Citizen Corps News Digest is provided by FEMA's Community Preparedness Division to highlight community preparedness and resilience resources and activities recently announced by federal agencies and Citizen Corps partners. FEMA and DHS Updates o U.S. Fire Adminislration Kicks off Public Fire Safety Cam~n on Home Smoke Alarms and Residential Fire !:iprinklers Last week, the USFA launched an effort to encourage everyone to install and maintain home smoke alarms and, if possible, sprinklers. More than 3,000 people die in home fires each year, and the majority of them have no working smoke alarm. To prevenl these deaths, Ihe USFA, is sponsoring the nationwide Install. Inspect. Protect. Campaign, which emphasizes that "Smoke Alarms Save Lives." o FEMA Administrator Encourages International Emergency Managers 10 EnQE!ge Public as Part of the Team This week, FEMA Administrator Fugate delivered Ihe keynote address al the 571h Annual International Associalion of Emergency Managers (IAEM) Conference and encouraged emergency managers 10 engage the public is disaster preparedness and recovery. o Disasler Preparedness Costs lillie, Saves A Lot Just as every home should have a smoke alarm, every home should have an emergency supply kit packed and ready. And being prepared doesn't have to cosl a lot of money. o DHS, HUD Launch DisasterRecoveryWorkingGroUMov to Solicit Public Commenls Housing and Urban Development (HUD) Secrelary and DHS Secrelary announce the launch of DisasterRecoveryWorkingGrouMQ]! - a new interagency website that will allow federal disaster recovery officials 10 solicil public commenls from state, local and lribal partners and the public. o Secretary Napolitano's Meeting with Leaders of Velerans Service Organizations DHS Secretary Napolitano meels with leaders of several veterans service organizalions to discuss DHS' ongoing engagement and collaboration with velerans On recruitmenl and other key DHS initiatives. o FEMA Administralor and Missouri Governor Discuss Importance of Faith-Based and Community Organization Partnerships during Disaster Response Lasl week, FEMA Administrator Fugale mel wilh Missouri Governor Jay Nixon and a diverse group of failh leaders to discuss partnerships wilh local religious and community groups during disaster response and preparedness efforts. The meeling was part of Administralor Fugate's continued efforts 10 build partnerships with key stakeholders and community leaders as FEMA works to increase public preparedness and strenglhen our nation's emergency response team. o Cybersecurity Awareness Month Updates o Secretary Napolitano Opens New National Cybersecurity and Communications Inlegration Cenler DHS Secrelary Napolitano opened Ihe new National Cybersecurity and Communications Inlegration Center (NCCIC) - a 24-hour, DHS-Ied coordinated watch and warning center that will improve nalional efforts to address threats and incidenls affecting the nation's crilical informalion technology and cyber infrastructure. o Answering your QuestiOnS On Cybersecurity Secretary Napolilano last week delivered a live online address 10 promole National Cybersecurity Awareness Month, and to issue a national call 10 action to safeguard Ihe nalion's digital nelworks. During Ihe webcasl, she answered a few questions submitted by viewers, but unfortunately was only able 10 get to a handful of inquiries. To continue the dialogue on this important issue, she has recorded a video addressing more viewer questions submitted during the webcast. o Cybersecurily Awareness Month Part IV- Small Business Guidebook DHS addresses another important dimension of Cybersecurity as a 'shared responsibility'- the role of America's small businesses. America's competitiveness and our economic prosperity in the 21st century will depend on effective cybersecurity. For this reason, the National Institute of Standards and Technology (NIST) at the Department 1 ---'-----'- ~--,_. "....,,---.... ,.. -. ._.""_.,..-_.__.,_...._._."..._.~,,_....,_......__,.,."'._.'_"_"'__"'__',__'~_.n._...._ 161 1 AfJr of Commerce recently released a guidebook, Small Business Information Security: The Fundamentals, on cybersecurity fundamentals for small business owners. o DHS CYber Security Tip - USinq Caution with Email Attachments While email attachments are a popular and convenient way to send documents, Ihey are also a common source of viruses. Use caution when opening attachments, even if they appear 10 have been sent by someone you know. Partner and Affiliate Updates . fulln-up for a MLK Day Planning Webshop On Jan. 18, 2010, Ihousands of Americans will celebrate Martin Luther King, Jr. Day wilh a Day of Service. This day is a way 10 transform Dr. King's life and teachings into community service that helps empower and strengthen local communities. Kick start your organization's planning for Ihis Day of Service by attending one of the free, informative webshops hosted by Ihe Corporation for Nalional and Community Service. These webshops provide informalion on project loolkits, past besl practices, resources, recruitmenl, and utilizing the media. . NOAA: Know the Danqers of Nor'easters NOAA wanls you to know more aboul the dangers associated with Nor'easters. A nor'easter is a cyclonic slorm that moves along Ihe east coast of North America. It's called "nor'easter" because the winds over coaslal areas blow from a northeasterly direction. . H1 N1 and Flu Updates o President Obama Siqns Emergency Declaralion for H1N1 Flu In an effort to proaclively address the ongoing pandemic, the President signed a National Emerqencv Declaration on H1 N11hat allows healthcare systems to quickly implement disaster plans should they become overwhelmed. As experts expected, H1 N1 flu is moving rapidly throughout the country and the majority of states now have widespread influenza activity. This declaration gives authority for the HHS to waive certain regulatory requirements for healthcare facilities in response the ongoing pandemic. o HHS and Sesame Workshop Release 13 New Flu Prevention Radio PSAs Featurinq Governors and Elmo Last week, HHS announced Ihe availability of thirteen new 30-second flu radio public service announcements (PSA). These new radio messages feature 13 of America's governors and Elmo from Sesame Street. o Flu Prevention Tips on the Fields and Courts There are a number of common sense precautions being taught at homes and schools across America 10 help prevent the spread of the flu, including frequenl hand washing, sneezing into the elbow, and getting a vaccination when it becomes available. If your kids are playing on sports teams this fall, here are a few more tips 10 help Ihem stay healthy. o fulln up for the CDC H1 N1 Flu Mobile Texting Pilot Become a part of the H1N1 Flu Mobile Texting Pilol and have importanl CDC informalion aboul H1N1 flu and other lopics delivered directly to your mobile phone. To subscribe 10 the pilot, lext HEALTH to 87000. Subscribers can expect to receive about three health messages a week during the three-month pilot. Standard texl messaging rales will apply. Grants and Funding . National Service Aqency Announces Fundinq to En>@ge Stud en Is in Service-Learninq The Corporalion for National and Community Service has released a funding notice for ils 2010 Learn and Serve America "Summer of Service" grants compelition, implementing a new program aulhorized under the Edward M. Kennedy Serve America Act. The new grant funding -lotaling $1 million dollars - will support innovative summer- time service-learning programs for students grades 6 through 9. If you wish to receive community preparedness news each day, please sign up to receive our Community Preparedness News RSS feed, download the Community Preparedness News Widqet, our visit our News & Events webpaqe. Sincerely, The Nalional Office of Citizen Corps FEMA Community Preparedness Division 2 .."'.m._,.".____."______"._~.. .-------,.-----. '.~~-'~-" '-.-"..,~,.__~.__.__,h_..._._ --'-'-- 161 1/\ 2,; Citizen Corps &. CERT CONFERENCE CALL Tuesday, November 10, 2009 10:00 am - 11:00 am EST/ 2:00 - 3:00 pm EST (Note: It is NOT necessary to be on both calls. Please select the call-in time that best fits your schedule.) Number: 1-850-410-3600 AGENDA Greetings & Introductions Grant ARplication . Fiscal Year 2009-2010 Grant Application -Intent to Award Program Updates . Sub grant Updates . Pending Reimbursements . Quarterly Reports . Modifications . Biannual Strategy Implementation Report (BSIR) requirements Announcements . Training Initiatives County Updates - Open Closing _ .-. -..--.-".,.-...".... - ~""'._'y- -------~-,~-,... , _''''''~-,,~,"...-._."__,~_.~_;o>_..,~~_._,_ -". '-"'-"--..- ,---~------- Collier County Local Mitigation Strategy 2009 1~Jr1920(J A~ 3.0 LOCAL MITIGATION STRATEGY GOALS AND OBJECTIVES The Local Mitigation Strategy Working Group (LMSWG) developed these goals and objectives based on their communities' comprehensive plans and codes. The Working Group adopted these as the Local Mitigation Strategy goals. They are up for review annually and can be modified based on a quorum vote ofLMSWG members. GOAL 1 Collier Counly shall make every reasonable etIort to reduce the vulnerability and exposure of its residents and guests by protecting lives and property from the effects of natural, man made and technological disasters. Objective 1.1: Maximize the protection of the public's health, safety and welfare from natural, manmade and technological disasters. · Hazard Mitigated: All Hazards Objective 1.2: Reduce the potential loss of personal and public property caused by natural, manmade and technological disasters. · Hazard Mitigated: All Hazards Objective 1.2.1: Collier County shall make every effort to reduce the number of repetitive loss properties within its boundary. · Hazard Mitigated: Flood, Tropical Cyclone Objective 1.2.1.1: Acquire the repetitive loss properties through funding structured for such purposes. · Hazard Mitigated: Flood, Tropical Cyclone Objective 1.2.1.2: Elevate the repetitive loss properties through financial incentive programs that are developed for sueh purposes. · Hazard Mitigated: Flood, Tropieal Cyclone Objective 1.3: Protect natural resources (such as environmentally sensitive lands and aquifers) in order to maximize their survivability and to safeguard them from damages caused by natural, manmade or technological disasters. · Hazard Mitigated: All Hazards Section 3 - 1 '- ---- -."..--. . -------~-- _.-----_.-.~..~-~,- -. --"---'''''--<''--''-'~--'--'" .. ,.__.._..--_"..~u ,,_~_.......____..___,____.__ 161 11/~ ~ovemb~r 19, 2004 Obiective 1.4: Ensure that Collier County's Land Development Code and Ordinances are sufficient to protect public safety and property. · Hazard Mitigated: All Hazards Objective 1.5: Develop and maintain evacuation plans for the safe evacuation of residents from coastal storm surges, inland flooding, terrorist acts, hazardous material incidents and wildland fires. . Hazard Mitigated: All Hazards Objective 1.6: Protect dune systems and coastal/marine resources from the adverse effects of coastal development. · Hazard Mitigated: Tropical Cyclone Obiective 1.7: Ensure that mitigation measures are adequately addressed in the comprehensive system of coordinated planning, management and land acquisition. · Hazard Mitigated: All Hazards Objective 1.8: Encourage land and water uses which are compatible with the protection of environmentally sensitive lands and coastal resources. · Hazard Mitigated: Flood, Tropical Cyclone Objective 1.9: dune systems, damaged. · Hazard Mitigated: Tropical Cyclone Prohibit development and other activities which disturb coastal and promote the restoration of dune systems that have been GOAL 2 The Collier County Emergency Management Department will take a pro-active role in ensuring intra-governmental coordination within Collier County Government and inter-governmental coordination with other government agencies in order to enhance hazard mitigation planning activities. Objective 2.1: Coordinate state and federal disaster training programs with all government agencies in Collier County. . Hazard Mitigated: All Hazards Objective 2.2: Coordinate the essential flow of information before, during and after a disaster. · Hazard Mitigated: All Hazards Section 3 - 2 -P.,--<",-"-,,, , __,'_,~"'.__~__.__. .'__-..-. _._._"._0..____._ 161 1 /1,1/ Novt:mber 19, 2004 Objective 2.3: Encourage cooperation and participation of all public and private agencies in mitigation planning. · Hazard Mitigated: All Hazards Objective 2.4: Ensure that the Collier County Hazard Mitigation Annex to the Comprehensive Emergency Management Plan incorporates appropriate mitigation measures as reflected in each agency's Emergency Support Function Annex or Standard Operating Procedures. · Hazard Mitigated: All Hazards Objective 2.5: Adopt and use the National Incident Management System (NIMS) of Incident Command and the Florida Incident Command System for disaster management. · Hazard Mitigated: All Hazards GOAL 3 Reduce the vulnerability of critical and public facilities from the effects of terrorism, natural, man made and technological disasters. Objective 3.1: Consider designing and installing wind and/or water proofing components and target hardening for all proposed government owned critical facilities. · Hazard Mitigated: Flood, Tropical Cyclone Objective 3.2: Develop and maintain energy, communications and preparedness plans that will be both practical and effective during periods of disrupted energy and communication events. · Hazard Mitigated: Flood, Tropical Cyclonc Objective 3.3: Incorporate hazard mitigation measures such as wind/flood proofing and target hardening during any rehabilitation of existing public facilities. · Hazard Mitigated: Flood, Tropical Cyclone GOAL 4 Strengthen Post-Disaster, Recovery and Mitigation Plans. Objective 4.1: Analyze, review and update Collier County Post-Disaster, Recovery, and Mitigation Plans and Ordinances. Section 3 - 3 , ,,-,_,,_,_,,~_,,__,_,,~_ 'O_"'__'___~'_, .. -'.,.......---..,,_~ -",_ ""_'~_~_~.__~"..m_._ 161 1 A'l/ November] 9, 2004 · Hazard Mitigated: Tropical Cyclone Objective 4.2: Work wilh other federal, state and local government agencies to strengthen post-disaster, recovery, mitigation plans and ordinances. · Hazard Mitigated: Tropical Cyclone Objective 4.3: Work with other federal, state and local government agencies in post disaster recovery establishing contracts to facilitate timely restoration of public and private infrastructure . Hazard Mitigated: Tropical Cyclone GOALS Improve coordination of disaster preparedness information through the broadcast and print media to increase public awareness and participation in preparedness, response, recovery and mitigation activities. Obiective 5.1: Develop and maintain a comprehensive multi-media, multi- lingual public education program of disaster preparedness, response, recovery and mitigation. · Hazard Mitigated: All Hazards Obiective 5.2: Conduct educational programs and research to meet local, state, regional planning, growth management and hazard mitigation needs or concerns. · Hazard Mitigated: All Hazards Objective 5.3: Work with media representatives to establish a standardized format for use in dissemination of information to the media during all phases of a disaster. · Hazard Mitigated: All Hazards Objective 5.4: Develop and maintain intergovernmental/coordinated information and uniform procedures for public information offices during periods of potential disaster situations. · Hazard Mitigated: All Hazards GOAL 6 Collier County shall make every reasonable effort to protecl water resources, unique natural habitats and ecologically sensitive areas such as wetlands and hardwood hammocks, and restore, to the maximum extent possible, degraded natural systems to their original state. Section 3 - 4 _...._..,.,...~,.~_._"'-~-,.,~,-"""_.,,_.~ , .........__._.~,--,-,-,--_..._'''~....~_.~,.,-----,~.~.._-,......" .._" 12Jer 19, 20l -A rv Obiective 6.1: Conserve and protect wetlands and coastal natural features to maintain their economic, aesthetic and recreational values. · Hazard Mitigated: All Hazards · Objective 6.2: Acquire, retain, manage and inventory public lands to provide conservation and related public benefits. Hazard Miligated: Flood, Tropical Cyclone Objective 6.3: Promote Ihe use of agricultural and horticultural practices which are compatible with the protection of natural systems. · Hazard Mitigated: Flood, Tropical Cyclone Obiective 6.4: Protect and restore the ecological functions of wetland systems to ensure their long-term environmental, economic and recreational values. · Hazard Mitigaled: Flood, Tropical Cyclone Objective 6.5: Protect and enhance water sources, public utilities, wetlands, natural habitats from polential natural, man made and terrorist acts. · Hazard Mitigated: Flood, Tropical Cyclone Section 3 - 5 "~.. ',~-,.__.",,_.._.- ---.------- ~'.~-~------'"-,- .. -~-_.. -.., " --,.._-~_._~,. _._"'._~..~_._.._._.. Collier County Local Mitigation StrateQv 2009 161 November 19. 2009 1 Arz" ANNEX I Local Mitigation Strategy Working Group Membership ANNEX 1-1 ....-..-..........-..---- .~ ..... --..--...--...-,.,...-..-. ...._,~.._--~~."--,-=---,----~., ,...... "...'...-.....-- Collier County Local Mitigation Strateqv 2009 161 1 ~'U November 19. 2009 In December 2003 we "kicked off' the redevelopment of the Local Mitigation Strategy to the Collier County Local Mitigation Strategy. The public was invited via E-mail, newspaper advertisements, blast-fax announcements and the world wide web (!J!!p:llwww.collierqov.nel/lndex.aspx?~e=1544. We invited the media, business, medical community, other governments and governmental agencies via the same means and direct invitation. At the "kick off" meeting, the County Manager set the tone of the initiative with a welcoming speech, the Florida Division of Emergency Management Mitigation specialist and the Collier county Emergency Management director explained the spirit and intent of the program and the need to do it right as well as maintain it. See Section 1 for membership information. The listing below details those specifically invited and their choice of how they chose to rt. t a IClpa e: Name Agency '" c CC=Collier County IlJ) .. """ ... - - c = - tI) - FD=Fire Department 0- ;> - u ... , .- Q c ;> tI) ;.. 0 <= t/] 7- ~ Private Gerald McLean Am.Red Cross Volunteer X Private Judith Chi~win Interested Resident V Edu J.Landon CC Public Schools X Edu Dorn Beddorn CC Public Schools X Edu Daniel Telep Fla. Gulf Coast Univ. X Edu Dan Regelski Fla. Gulf Coast Univ. X Edu Susan Casey International College X Edu Tony Pa1izos Univ of Fla. (IF AS) X Business Frank Ba10ugh Fla. Power & Light X Business Brad Rothenberg Fla. Power & Light X Business P~y Bo1dissar/Tricia Dorn Lee Co. E1eco Cooperative V Business Lynn Schneider Naples Chamber of Commerce X Media Re Buxton N. Naples Journal V PNP E. Laudise Immokalee Foundation X PNP Alex Sulecki Conservancy of Naples X Hosp John Brown Naples Cmty Hospital X State C. Tears/ToHoward/L.Koeh1er So. Fla. Water Mgt. District V State Kathleen MarrlMaria Bernaldo Fla. Department of Health V State Joe Lecea/Victor Hill Dept. of Forestry V State Chris Atherton Fla. Div of Emerg. Mgt X State L. Long Fla.Div. of Law Enforcement X State D. Trescott SW Fla. Regional Ping Council X County Brad Schiffer CC Planning Commission V County Len Price/M.Foord/C.Ong CC Admin. Svs. Division X County Jamie French/Evi Ybaceta CC Cmty.DeveJ.&EnviLSvs. V County Ray Smith/W.Hall CC Public Utilities Div. V County Skip Campi Roosevelt Leonard CC Facilities M t V County Jerry Kurtz/Brandy Otero CC Trans ortation Div. V County Rick Zyvoloski CC Emergency M t V County Kelly Jones CC Clerk of Courts X .~ County S. Lang CC Water Treatment X . - ANNEX 1-2 ,,,.- ."'.__.._"-'---_..,---_._._~-_._."...".."." . .......... ,. .'-',... - . -_........,,~.. '''---_.~._..~._-,..,... -..-'''.......-- ,.--......---..----.. 16 n I' , ; Collier County Local Mitigation Strateqy 2009 November 19, 2009 A~ County L. Fasulo CC Library X County D. Wight CC Mgr's Ot1ice X County I. Berzon CC Solid Waste X County S. Carnell CC Purchasing X . County S. Johnson CC Purchasing X ~ County D. Croft CC Fleet X . County M. Etelamaki CC Transportation X County J. Vliet CC Transportation X County B. Tipton CC Transportation X County A. Vaniscak CC Transportation X ~ County Kevin Lilly CC Property Appraiser X County J. Walker CC Risk Mgt. X County J. Merritt CC Human Resources X ~ County J. Wallers CC Recycling X County B. Axelrod CC Information Technology X County Levah Hetzel CC Cmty & Customer ReI. X County Ilonka Washburn CC Parks & Recreation V County Robert Wiley CC Flood lain Mgr V County Bonnie Fauls CC Univ. ofFL Extension X County Sue Trone Community Redevelopment Agency V Munic Christa Carrera Na les (F1oo<!Jllain Mgr) V Munic G. Cureton Naples Airport X Munic Bob Devlin Marco Island gov't. V Munic Bob Mahar Marco Island (Floodplain Mgr) V Munic Chuck Mohlke/Oottie Smallwood Ever lades City V EMS Dan Bowman CC Emerg Med. Svs. X Fire Chief Davis East Naples FD X Fire Chief Murphy Marco Island FD X Fire Chief Metzger Golden Gale FD & Fire Chiefs' Assn X Fire Chief Greenburg Big Corkscrew FD X Fire Chief Rodriguez Isles of Capri FD X Fire Sa1 D'Angelo No. Naples FD. V Law Enf Mike Jones/Geor e Welch CC Sheriff V Sem. Tribe Lori vun Kannon Seminole Tribe of Florida X Lee Co Gerald Campbell Emergency Management X - Hendry Co Lupe Taylor Emergency Management X ANNEX 1-3 "-~---~._,~"- -- .- .. ----- ,- - '" . -.-.,,- ,- .-".- .-.- . '.~._..._" .__~.,.~.,_,._~_, ____m__ 161 I ~'V In conducting this review, the following six items, suggested by FEMA, shall consider whether: . The goals and objectives address current and expected conditions; . The nature or magnitude of risks has changed; . The current resources are appropriate for implementing the Local Mitigation Strategy; . There are implementation problems, such as technical, political, legal, or coordination issues with other agencies; . The outcomes have occurred as expected; and . The agencies and other partners participated as proposed. ITEM REVIEWED/APPROVED LMSWG Approved Collier Co. Citizen Corps Executive Summary Mm/d<!lli, ~oved 10/16/09 Sec. 1 - Purpose, OrQanization & Outreach 10/16/09 Sec. 2 - Hazard Identification & Vulnerability Analysis Sec. 3 - LMS Goals & Objectives 10/16/09 Sec. 4 - Procedures for Prioritizing Hazard Mitigation Initiatives 10/16/09 Sec. 5 - ~ication Process & Funding Sources 10/16/09 Sec. 6 - Monitoring, Evaluating & Updating the Plan and Incorporation of the Local Mitigation Strategy into 10/16/09 ExistinQ Plans Annex A - Risk Assessments & Hazards Analyses Annex B - Collier County Essential Facilities Annex C - Land Use Maps 10/16/09 Annex D - Resolutions Annex E - Procedures to Assure Public Involvement 10/16/09 Annex F - Potential Grant Fundif)fL Sources 10/16/09 Annex G - Prioritized Listi~ of MitiQation Action Items 10/16/09 Annex H - Meetin Minutes 10/16/09 Annex I - LMS Membersh~ 10/16/09 Annex J - Initiative Scori~ Criteria 10/16/09 . Annex K - Collier County's Floodplain Plans 10/16/09 .. _M'.,,_._<_"__">",,__.__~_.,,_.,__^_._ ._---~ .,"-.--.-- -- -.""'.----,. , '" _.. ~-"" ,,--_,.,~' '"",- ~~.~______~______..-.-m_ ,"~,- -- 161 1. Citizen Corps Advisory Committee Agenda November 18,2009 3:00 Pledge of Allegiance -Opening Remarks -RollCall Chairman Sherifrs Office CERV USCGA Red Cross Chamber of Commerce Fire Chiefs CERT CAP Veterans Council RSVP Salvation Army EMS City of Naples PRMC Health Dept Everglades City NCH Medical Examiner City of Marco Island Neighborhood Watch EM 3:05 Approval of Minutes Chairman 3:10 Threat Update Sheriffs Office 3:15 New Business Chairman . Election Nominations . EOC Update . CERV Chairman Jim von Rinteln Jim von Rinteln 3:30 Old Business Chairman . HINl Update Health Dept . 3:45 Next Meeting/Adjourn (December 167 ) Chairman ,--- .- --...",.---- ------"'--" . ~--,-~- . '-". , ..~--_..._-"--- -. -A?J ( , . ~"~'",^,",~,,,,, ,-",,- _.rr___c . Program Highlights: The theme for the FEPA 2010 Annual Meeting and Work SEi]ssi9n is "All Hazards, All the Time" and the 2010 program 'reJ\~Gfis.fhe many and diverse events and situations that call emergency managers to action. The 2010 work session provides for two full days of hands on training presenting required federal curriculum under the Adv,mced Professional :..,...:.,:..,....... ...'... . .... ....., .'''. ....... ....::..:. .,..,.... ........ ,,:<,:.,,:,.:.1: " ,D.eveIQpment Series and Positi9~~.l!,<ljfii; '!1cident (;:QEl\lmand System instruction. In addition; 1eennical fopics i:!rirlt.!lpdates will be featured as in de'pth training opporiU[fi,~i~~f~.hone critical operational skills and knowledge. '. " ~ 'i " .:1' - --'-~ ".. ..'. Workshop topics feature updates on mission critical.policies, "~:. .'. <.....: '.' . ..:...'., ...... -..........:. ...... ......,.... . ..' :..... '. .. . 'Jilr\i'~edures and protocols affecting ernerg~ncymanagement :f:ii~~.(;fifionercSJitatewiee.I':"<l!iQiI'l!;;leli~RMrom 2009 emergen- :11'*1'..,..""'-"" .,.-.. w",,:,', ;f:., :'''''H4i~'--'':''' c. ~~~" . . . ,"~~;~' " am!;. '" ' '.;t." )Ie discussions on best prac. ailel presentations from subject matter experts are presented in small group workshop formats to encourage dialogue and participant interaction and to maximize educa- ,.../'-.,''"'' . .... .>-,,;..',..-, .tiojlaJNalue. . :.:; . , ,'c;enet<tl Session offerings highlight effective and engaging , speakE!~s 6n topics of statewide significance. FEMA Adminis. 'W~t;:(torand former Florida Division of Emergency Management .... .".--'. ,"~Dltector, Craig Fugate, is invited to address the Closing Ses- ". . ~iO:h and share his insight and perspective on national emer- "j.,;, gehcy issues and policies. 1 .. .. ''''~ "~""__'''''''''' "j' ~. -'''''''''n''''''':''':i.,,,.,.,..,,,,,,,,,,,:;;..,,,,,,~...,,~;.'t':';;;Ji''''''""":;;';;".4:;..,'.;1' ' ",". """".."o/W'","":::",: "";~,::."'~'''::''-'''~',, ,"''',1'''-'. ":'''''''''''''']'' ":--=,,,,__..,,t<,,,,,,,,. "~1'''- . .. :,,, ' ,,' -' . ~, ,...'f..,..; Q "r' ", . ...... "'__"".'''_''W~'_'..~,__.'_''-~'_''___~'_''^______ __ '"--'-''''' .-...--.-.--..... .~_~._._.m~.M_' --.,~. '_--'~"." ,-.........,-,. .,,~,-" ~"".' 7:30 am - 5:00 pm Registration Desk Open 8:00 am ~ 5:00 pm Five Concurrent Training Sessions Participants wilJ be offered the opportunity to seiect from five (5) Mission Critical Training Courses meeting Federal Curriculum requirements. Training selections qualify for the Advanced Profes- sional Development Series designation as well as Incident Com- mand System training requirements. 7:30 am - 5:00 pm Registration Desk Open 8:00 am - 5:00 pm Five Concurrent Training Sessions (Continued from Monday) 1:00 pm - 4:00 pm Exhibitor Set Up 3:00 pm - 5:00 pm FEPA Board of Directors Meeting 5:00 pm - 6:00 pm Exhibitor Reception in Exhibit Hall 7:30 am - 5:00 pm Registration Desk Open 9:30 am - 5:00 pm Exhibit Hall Open 8:30 am - 10:00 am FEPA Business Meeting FEPA Election of Officers Election of Area Governors (Regions 2, 4,6) 10:00 am -10:30 am Morning Break 10:30 am - Noon Opening General Session Welcoming Remarks Keynote Speaker Noon - 1:30 pm FEPA Networking/Partnership Luncheon (lunch Provided) 1:30 pm - 3:00 pm and 3:30 pm - 5:00 pm Workshop Sessions and Roundtable Discussions* 3:00 pm - 3:30 pm Afternoon Break 3:30 pm - 5:00 pm Workshop Sessions and Roundtable Discussion Continue 6:30 pm - 8:30 pm Welcome Reception 161 fr~ 1 Thursday, February 4,2010 7=30 am - 4:00 pm Registration Desk Open 9:30 am - 3:30 pm Exhibit Hall Open 8:30 am -10:00 am General Session FEPA Awards Presentation Recognition of FEPA Certification and Re-Certification Recipients 10:00 am - 10:30 am Morning Break 10:30 am - Noon General Session (Continued) Keynote Speaker Noon - 1:30 pm Lunch on Your Own 1:00 pm - 5:00 pm Teambuilding Exercise 1:30 pm - 3:00 pm and 3:30 pm - 5:00 pm Workshop Sessions and Roundtable Discussions* 3:00 pm, 3:30 pm Afternoon Break 3:30 pm - 5:00 pm Workshop Sessions and Roundtable Discussions Continue 8:00 pm -11:00 pm Officers Reception Friday, February 5, 2010 8:30 am - 9:30 am Breakfast Buffet and Installation of Officers 9:30 am -10:30 am Closing General Session The Honorable Craig Fugate, Administrator Federal Emergency Management Agency (invited) 10:30 am - 11:00 am Closing Remarks and Announcements 11:00 am Annual Work Session Adjourns :;-Ifl t;'(!Cll timc 1)locl< (J:30 pm to 3:0() pm (HaJ 3:3u ['nl i,1 ):(lO pili) five (ollllnrCJlt \:\'twl(shop topic., \Vill be presented in "1]1<lli );I-UUP 'ldUngs to \111mI' pdrticipllllt'l (Ill oppurtli1illy tu interdct \VltI) prl'~L'lltcrs OIld L'(1c/1 ailler, Proposed \\'ori,sllop "C""IUIlS illCluth:: LIJ ,tI,ik" on kch:rtll [;Jlt! ~tl[k crllergcllc~/ pltll],), poIieil'" (11111 proccillm;s. 111i\! II-l'SpOrl'>e (Inti uitI((.1 "tafJrrlg is'lllL'S. succ('"sful griJnt'l IWl!l(;gcllleI1t (lnd Llo'le out of disdStt'I- grl]flts mnl f-lfojecb, legisJ\lUvo.:' updilte cHld U<':'lt plt1CUce~ tur \'\'orJdng vvith yOllr state mid federdl LegisJative delcgtltIull'l, Fcdertl! Higll\VilY debris rnorwgerTIt:llt proWllllls and funding, voluntClry agellcy certi~c(ltion program, tile !ilt8st on eJ7ective coorclin(ltion during Am- ber Alerts (lnd cmergency 1I1(1I1dg-cllIent qualifications tlnd certificlltion progmnls. . On line Registration Will Be Available Soon on the FEPA Web Site www.fepa.org 2010 Florida Emergency Preparedness Annual Meeting and Work Session February 1 -5, 2010 HilTON DAYTONA BEACH 1. Register Online at www.fepa.org(on line registration available soon!) 2. Mail to FEPA, 400 Capital Circle, SE, ST-18-263, Tallahassee, FL 32301 3. By Fax, 850-222-2395 REGISTRATION FEES: No registrations accepted without payment. Before 1/15/10 o FEPA Member $225.00 o Non-FEPA Member $275.00 After 1/15/10 o FEPA Member $250.00 o Non-FEPA Member $300.00 Name (As you would like it to appear on Name Badge) Company/Agency Address City State Zip Telephone Email PAYMENT OPTIONS: American Express, Visa or Mastercard accepted. FEPA Federal 10# 59-2389989 Enclosed is a Check for $ Check Number Credit Card Type: 0 Visa OM/C o Am Ex. Exp Date Security Code Credit Card Number Name on Card (Please Print) Billing Address of Card City State Zip Questions: fepa@fepa.org 850-274-1835 Mail your registration form with payment to: FEPA, 400 Capital Circle SE, 5T-18-263, Tallahassee, Florida 32301 ~__m,..,>____.__ -~----,._~~,~- . ------,-~ , . -- " ---". ~'"_",._~ __L"'~'.'_'___~,,_ . - I. A I) : ~,_:~:" HOTEL RESERVATIONS NOW BEING ACCEPTED! CALL THE HOTEL DIRECTLY TO MAKE RESERVATIONS Hilton Daytona Beach 100 North Atlantic Avenue Daytona Beach, Florida 32118 Toll Free 866-536-8477 Direct - 386-254-8200 Support Your Association and Increase Your Opportunity To Interact Directly with Speakers, Presenters and Colleagues By Staying at the Designated Meeting Hotel Be Sure to Mention FEPA to get the Annual Meeting Room Rate ($135) Hotel Room Block Cutoff Date: January 11, 2010 After January 11,2010 Reservations Accepted at Annual Meeting Rate Upon Availability www.fepa.org www.collierprepares.org \. COllie!" County Heattt> De-~rtmen1 " Preparedness Information Collier County Health Department Espaf101 H1N1 Providers Preparation Resources Videos Consent Forms Oct. 26th Video to show the two different types of HiNl vaccines and how they are given The Florida Department of Health toll-free number provide public health information and updates on HiNt Swine flu. The information line will be available from 8 AM to 8 PM Eastern, 7 days a week. Information is available in English, Spanish and Creole. Telephone Number: Live, Intranasal 2009 HiN1 Influenza Oct )f{j Vacuna c;ontra la influenza 2009 HiN1 Viva atenuada OCI. 12th Inactivated 2009 HiNt Influenza Del. 30d Vacuna contra la influenza 2009 HiNt Inactivada Oct. 12th FACT SHEET: Vaccine Quick Facts 877-352-3581 FLA-FLUl Sign Up for Alerts Frequent Questions (FAQs) Click Here to view _ Dr. Joan Colfer's September 24, 2009 News Conference on the H1N1 Immunization Campaign. Available Now Seasonal Flu and Pneumonia Where to get the Seasonal Flu Clinics Dates and Times Print ScheduleSeQs;onal Flu Clinics Schedule i1Ifi&.'... i~.'. '* ".. 1'Iu.... .. F.~....~ .I;~ COUNTY HEALTH DEPARTMENT IS ACTIVELY MONITORING THE CURRENT H1N1 (SWINE) INFLUENZA IHEAiTD The Collier County Health Department is actively monitoring the current sWine influenza situation. The Collier County Health Department is proactively responding to this event by enhancing surveillance and monitoring efforts for influenza in the county. We are recommending all residents and visitors follow these guidelines to protect themselves from a potential virus: . Stay informed on current SWINE FLU INFORMATION and be prepared see our GET READY NOW H1N1 SWINE (Spanish) flyer. . Go to Self Evaluation for guidelines if you need to go to see your doctor or a health care provider. . Frequent hand washing can lessen the spread of flu-like illness. . Practice good respiratory etiquette by sneezing or coughing into your sleeve or a tissue. . Stay home if you are sick. Do not send sick children to daycare or school. . Avoid close contact with people who are sick. . Do not share eating utensils and cups. . Practice other good health habits including get plenty of sleep, exercise, manage your stress, drink plenty of fluids and eat nutritious food. . It is safe to eat properly handled pork. Cook it to at least 160 degrees. 161 Page 1 of3 l~~.. E-MAIl. US Media Information About Us H 11\11 rLU '. ',". ~.' -.j , Guidance for Families Caring for a Child or Adult with Flu or Flu-Like Illness at Home English Espanal Creole 2009 H1N1 Flu: Free Resources Stay Informed Current SituQtion in Collier County Florida Department of Health H1Nl PandemicFlu.gov In the USA (CDC) International (WHO) Latest News CDC Press Briefings us Map ~~ A Video Message from Governor Charlie Crist on Back-to-School Health Safety Par)eJellli(. (lIen raised t.o piliJ';" (, 11 June )OOLJ Un till" hasl'-; of iwailable ,'\lI(h'neE' a Ill! ~':"I.t assessrlli.'llh of the PVirl""ICL", Ihe scielltlll( cntf'ri(l lor dn c::___~:/ /www.collierprepares. orglC):ill~rPrepares/www. collierprepares.org.html ---...--- ~"- ---- ----'"...,--_.~ 11/18/2009 161 Page I of2 1 .t/v Bernaldo, Maria M -,-------.-.... --"-'''---'--"_'''--~-''-'__~~''_~__~_ '._ .._m_______~__._...,__,. ~_.._________ _.____'_.______..______w___._._____.,_.___..______. From: Millsap, Deb Sent: Tuesday. November 17, 2009 4:23 PM To: DL CHD11 All Users Subject: H1 N1 Caller Update - Please Read The majority of the calls seem to be from people 65 years of age and older who mayor may not have an underlying health condition and are VERY interested in getting an H1 N1 (Swine) flu shot. Please continue to share the following information: . We are continuing to vaccinate ONLY the people who are in the highest risk groups: (pregnant women; parents and caregivers to children under 6 months of age; individuals between 6 months of age and 24 years of age; individuals between 25 and 64 years of age with underlying health conditions including asthma, diabetes, heart disease, weakened immune systems, etc.; and healthcare and emergency services workers who have direct patient care). . People 65 years of age and older DO NOT YET fit the risk categories that we are allowed to vaccinate. Even if they have a serious health condition and have a doctor's note, we CAN NOT vaccinate them at this time! HOWEVER, we want to be able to vaccinate them as soon as possible. As soon as we are given the okay by the State office and the Centers for Disease Control to vaccinate them - we will! (Note, many of these callers do have serious health conditions; the fear they exhibit and the stories they tell can be heart-breaking. Sometimes their fear comes out as anger - try to remain caring and kind and don't take their anger personally). . People who do not fit the current risk categories can stay updated with our clinic dates and times, as well as who is eligible to be vaccinated by either calling our phone message line: 252-8200 and choosing option 2 or logging onto wwwCollierPrepares.org and clicking the H1N1 Vaccine Clinic information in the upper left hand corner. Upcoming Community Vaccination Clinics for High Risk Individuals (as listed above) include: Thursday, November 19th from 10 am - 6 pm at North Collier Regional Park Exhibit Hall. 15000 Livingston Road, Naples. FL 34119 Monday, November 23rd from 10 am - 6 pm at North Collier Regional Park Exhibit Hall, 15000 Livingston Road, Naples, FL 34119 Tuesday, November 24th from 10 am - 6 pm at the former K-Mart location in Freedom Square at the corner of Tamiami Trail East (Route 41) and Collier Blvd. (Route 951) Sunday. December 6th from 10 am - 6 pm at the Immokalee Sports Complex, 505 Escambia Street. Immokalee, FL 34142 IF any of the details above change, I will send out an update. Otherwise, please share the information with callers. If you have specific questions. please do not hesitate to contact me at x8220. Thank you. Deb Deb Millsap, M.Ed., R.D., L.D. Director of Nutrition & Healtlt Education & PIO Collier County Healtlt Department 11118/2009 330/ East Tamiami Trail Nap/es, FL 34/06-0429 (239) 252-8220 16/ Page 2 0[2 l' kfJ/ Please note: Florida has a very broad records law Most written communications to or from state officials regarding state business are public records available to the public and media upon request_ Your e-mail communications may therefore be subject to public disclosure. ] 1/] 8/2009 161 1 ^1J In conducting this review, the following six items, suggested by FEMA, shall consider whether: . The goals and objectives address current and expected conditions; . The nature or magnitude of risks has changed; . The current resources are appropriate for implementing the Local Mitigation Strategy; . There are implementation problems, such as technical, political, legal, or coordination issues with other agencies; . The outcomes have occurred as expected; and . The agencies and other partners participated as proposed. ITEM REVIEWED/APPROVED LMSWG Approved Collier Co. Citizen Corps Mm/dd/vv . Aooroved Executive Summa;:;! 10/16/09 Sec. 1 - Purnose, Oraanization & Outreach 10/16/09 Sec. 2 - Hazard Identification & Vulnerabilitv Analvsis Sec. 3 - LMS Goals & Obiectives 10/16/09 Sec. 4 - Procedures for Prioritizina Hazard Mitiaation Initiatives 10/16/09 Sec. 5 - Aoolication Process & Fundina Sources 10/16/09 Sec. 6 - Monitoring, Evaluating & Updating the Plan and Incorporation of the Local Mitigation Strategy into 10/16/09 Existina Plans Annex A - Risk Assessments & Hazards Analvses Annex B - Collier Countv Essential Facilities Annex C - Land Use Maos 10/16/09 Annex D - Resolutions Annex E - Procedures to Assure Public Involvement 10/16/09 Annex F - Potential Grant Fundina Sources 10/16/09 Annex G - Prioritized Listina of Mitiaation Action Items 10/16/09 Annex H - Meetina Minutes 10/16/09 Annex I - LMS Membershio 10/16/09 Annex J - Initiative Scorina Criteria 10/16/09 Annex K - Collier Countv's Floodolain Plans 10/16/09 Collier County Local Mitiaation Strateav 2009 Jeft.r lzoo91 ANNEX I Local Mitigation Strategy Working Group Membership ANNEX 1-1 PI 'V 161 1 A0/ Collier County Local Mitication Strateav 2009 November 19 2009 In December 2003 we "kicked off" the redevelopment of the Local Mitigation Strategy to the Collier County Local Mitigation Strategy. The public was invited via E-mail, newspaper advertisements, blast-fax announcements and the world wide web (http://www.collierqov.netJlndexaspx?paqe=1544. We invited the media, business, medical community, other governments and governmental agencies via the same means and direct invitation. At the "kick off" meeting, the County Manager set the tone of the initiative with a welcoming speech. the Florida Division of Emergency Management Mitigation specialist and the Collier county Emergency Management director explained the spirit and intent of the program and the need to do it right as well as maintain it. See Section 1 for membership information. The listing below details those specifically invited and their choice of how they chose to participate: - Name Agency "" CC=Collier County lOll .= "'0 .... " 0 = > OJ - FD=Fire Department .. - u ..... " 'S: 0 OJ ;;. 0 <: VJ ;z: - Private Gerald McLean Am.Red Cross Volunteer X Private Judith Chirgwin Interested Resident V Edu J. Landon CC Public Schools X Edu Dorn Beddorn CC Public Schools X Edu Daniel Telep Fla. Gulf Coast Univ. X Edu Dan Regclski Fla. Gulf Coast Univ. X Edu Susan Casey International College X Edu Tony Palizos Univ of Fla. (IF AS) X Business Frank Balough Fla. Power & Light X Business Brad Rothenberg Fla. Power & Light X Business Peggy Boldissar/Tricia Dorn Lee Co. Elec. Cooperative V Business Lynn Schneider Naples Chamber of Commerce X Media Reg Buxton N. Naples Journal V PNP E. Laudise Immokalee Foundation X PNP Alex Sulecki Conservancy of Naples X Hosp John BrO,^,l1 Naples Cmty Hospital X State C. Tears/T .Howard/L.Koehler So. Fla. Water Mgt. District V State Kathleen MarrIMaria Bernaldo Fla. Department of Health V State Joe LecealVictor Hill Dept. of Forestry V State Chris Atherton Fla. Div of Em erg. Mgt X State L. Long Fla.Div. of Law Enforcement X State D. Trescott SW Fla. Regional Ping Council X County Brad Schiffer CC Planning Commission V County Len Price/M.Foord/C.Ong CC Admin. Svs. Division X County Jamie French/Evi Ybaceta CC Cmty.Deve1.&Envir.Svs. V County Ray Smith/W.Hall CC Public Utilities Div. V County Skip Campi Roosevelt Leonard CC Facilities Mgt V County Jerry Kurtz/Brandv Otero CC Transportation Div. V County Rick Zyvoloski CC Emergency Mgt V County Kelly Jones CC Clerk of Courts X County S. Lang CC Water Treatment X ANNEX 1-2 Collier Countv Local Mitiaation Strateav 2009 161 I' November 19 2009 p/v County 1. Fasulo CC Library X County D. Wight CC Mgr's Office X County I. Berzon CC Solid Waste X County S. Carnell CC Purchasing X County S. Johnson CC Purchasing X County D. Croft CC Fleet X County M. Etelamaki CC Transportation X County J. Vliet CC Transportation X County B. Tipton CC Transportation X County A. Vaniscak CC Transportation X County Kevin Lilly CC Property Appraiser X County J. Walker CC Risk Mgt. X County J. Merritt CC Human Resources X County J. Walters CC Recycling , X County B. Axelrod CC Infonnation Technology X County Levah Hetzel CC Cmty & Customer ReI. X County Ilonka Washburn CC Parks & Recreation V County Robert Wiley CC Floodplain Mgr V County Bonnie Fauls CC Univ. ofFL Extension X County Sue Trone Community Redevelopment Agency V Munic Christa Carrera Naples (Floodplain Mgr) V Munic G. Cureton Naples Airport X Munic Bob Devlin Marco Island gov'l. V Munic Bob Mahar Marco Island (Floodplain Mgr) V Munic Chuck Mohlke/Dottie Smallwood Everglades City V EMS Dan Bowman CC Emerg Med. Svs. X Fire Chief Davis East Naples FD X Fire Chief Murphy Marco Island FD X Fire Chief Metzger Golden Gate FD & Fire Chiefs' Assn X Fire Chief Greenburg Big Corkscrew FD X Fire Chief Rodriguez Isles of Capri FD X Fire Sal D'Angelo No. Naples FD. V Law Enf Mike Jones/George Welch CC Sheriff V Sem. Tribe Lori vun Kannon Seminole Tribe of Florida X Lee Co Gerald Campbell Emergency Management X Hendry Co Lupe Taylor Emergency Management X ANNEX 1-3 Collier County Local Mitil!ation Strate2:v 2009 161 1 November t 9 2009 ACV 3.0 LOCAL MITIGATION STRATEGY GOALS AND OBJECTIVES The Local Mitigation Strategy Working Group (LMSWG) developed these goals and objectives based on their communities' comprehensive plans and codes. The Working Group adopted these as the Local Mitigation Strategy goals. They are up for review annually and can be modified based on a quorum vote ofLMSWG members. GOAL I Collier County shall make every reasonable effort to reduce the vulnerability and exposure of its residents and guests by protecting lives and property from the effects of natural, man made and technological disasters. Obiective 1.1: Maximize the protection of the public's health, safety and welfare from natural, manmade and technological disasters. · Hazard Mitigated: All Hazards Obiective 1.2: Reduce the potential loss of personal and public property caused by natural, manmade and technological disasters. . Hazard Mitigated: All Hazards Obiective 1.2.1: Collier County shall make every effort to reduce the number of repetitive loss properties within its boundary. · Hazard Mitigated: Flood, Tropical Cyclone Obiective 1.2.1.1: Acquire the repetitive loss properties through funding structured for such purposes. · Hazard Mitigated: Flood, Tropical Cyclone Obiective 1.2.1.2: Elevate the repetitive loss properties through financial incentive programs that are developed for such purposes. · Hazard Mitigated: Flood, Tropical Cyclone Obiective 1.3: Protect natural resources (such as environmentally sensitive lands and aquifers) in order to maximize their survivability and to safeguard them from damages caused by natural, manmade or technological disasters. . Hazard Mitigated: All Hazards Section 3 - 1 161 1 ~'V November 19, 2004 Objective 1.4: Ensure that Collier County's Land Development Code and Ordinances are sufficient to protect public safety and property. · Hazard Mitigated: All Hazards Obiective 1.5: Develop and maintain evacuation plans for the safe evacuation of residents from coastal storm surges, inland flooding, terrorist acts, hazardous material incidents and wildland fires. · Hazard Mitigated: All Hazards Obiective 1.6: Protect dune systems and coastal/marine resources from the adverse effects of coastal development. · Hazard Mitigated: Tropical Cyclone Objective 1.7: Ensure that mitigation measures are adequately addressed in the comprehensive system of coordinated planning, management and land acquisition. . Hazard Mitigated: All Hazards Obiective 1.8: Encourage land and water uses which are compatible with the protection of environmentally sensitive lands and coastal resources. · Hazard Mitigated: Flood, Tropical Cyclone Obiective 1.9: Prohibit development and other activities which disturb coastal dune systems, and promote the restoration of dune systems that have been damaged. . Hazard Mitigated: Tropical Cyclone GOAL 2 The Collier County Emergency Management Department will take a pro-active role in ensuring intra-governmental coordination within Collier County Government and inter-governmental coordination with other government agencies in order to enhance hazard mitigation planning activities. Objective 2.1: Coordinate state and federal disaster training programs with all government agencies in Collier County. · Hazard Mitigated: All Hazards Objective 2.2: Coordinate the essential flow of information before, during and after a disaster. . Hazard Mitigated: All Hazards Section 3 - 2 161 1 ACV November 19,2004 Obiective 2.3: Encourage cooperation and participation of all public and private agencies in mitigation planning. · Hazard Mitigated: All Hazards Objective 2.4: Ensure that the Collier County Hazard Mitigation Annex to the Comprehensive Emergency Management Plan incorporates appropriate mitigation measures as ret1ected in each agency's Emergency Support Function Annex or Standard Operating Procedures. · Hazard Mitigated: All Hazards Obiective 2.5: Adopt and use the National Incident Management System (NIMS) of Incident Command and the Florida Incident Command System for disaster management. . Hazard Mitigated: All Hazards GOAL 3 Reduce the vulnerability of critical and public facilities from the effects of terrorism, natural, man made and technological disasters. Objective 3.1: Consider designing and installing wind and/or water proofing components and target hardening for all proposed government owned critical facilities. · Hazard Mitigated: Flood, Tropical Cyclone Objective 3.2: Develop and maintain energy, communications and preparedness plans that will be both practical and effective during periods of disrupted energy and communication events. · Hazard Mitigated: Flood, Tropical Cyclone Obiective 3.3: Incorporate hazard mitigation measures such as wind/t1ood proofing and target hardening during any rehabilitation of existing public facilities. · Hazard Mitigated: Flood, Tropical Cyclone GOAL 4 Strengthen Post-Disaster, Recovery and Mitigation Plans. Obiective 4.1: Analyze, review and update Collier County Post-Disaster, Recovery, and Mitigation Plans and Ordinances. Section 3 - 3 .-...~._-..~---^'--_._- 161 1 A~ November 19,2004 · Hazard Mitigated: Tropical Cyclone Objective 4.2: Work with other federal, state and local government agencies to strengthen post-disaster, recovery, mitigation plans and ordinances. · Hazard Mitigated: Tropical Cyclone Objective 4.3: Work with other federal, state and local government agencies in post disaster recovery establishing contracts to facilitate timely restoration of public and private infrastructure · Hazard Mitigated: Tropical Cyclone GOAL 5 Improve coordination of disaster preparedness information through the broadcast and print media to increase public awareness and participation in preparedness, response, recovery and mitigation activities. Objective 5.1: Develop and maintain a comprehensive multi-media, multi- lingual public education program of disaster preparedness, response, recovery and mitigation. · Hazard Mitigated: All Hazards Objective 5.2: Conduct educational programs and research to meet local, state, regional planning, growth management and hazard mitigation needs or concerns. · Hazard Mitigated: All Hazards Objective 5.3: Work with media representatives to establish a standardized format for use in dissemination of information to the media during all phases of a disaster. · Hazard Mitigated: All Hazards Objective 5.4: Develop and maintain intergovernmental/coordinated information and uniform procedures for public information offices during periods of potential disaster situations. . Hazard Mitigated: All Hazards GOAL 6 Collier County shall make every reasonable effort to protect water resources, unique natural habitats and ecologically sensitive areas such as wetlands and hardwood hammocks, and restore, to the maximum extent possible, degraded natural systems to their original state. Section 3 - 4 161 1 November 19,2004 kCV Objective 6.1: Conserve and protect wetlands and coastal natural features to maintain their economic, aesthetic and recreational values. · Hazard Mitigated: All Hazards · Obiective 6.2: Acquire, retain, manage and inventory public lands to provide conservation and related public benefits. Hazard Mitigated: Flood, Tropical Cyclone Obiective 6.3: Promote the use of agricultural and horticultural practices which are compatible with the protection of natural systems. · Hazard Mitigated: Flood, Tropical Cyclone Objective 6.4: Protect and restore the ecological functions of wetland systems to ensure their long-term environmental, economic and recreational values. · Hazard Mitigated: Flood, Tropical Cyclone Objective 6.5: Protect and enhance water sources, public utilities, wetlands, natural habitats from potential natural, man made and terrorist acts. · Hazard Mitigated: Flood, Tropical Cyclone Section 3 - 5 ."._--'-~--~-~-'---_.,-_._._-- Collier County Local Mitioation Strateav 2009 ANNEX G Prioritized Listing of Mitigation Action Items ANNEX G - 1 16/ November 19 2009 1 fx~ 161 1 A~ Collier County Local Mitiaation Strateav 2009 November 19. 2009 The mitigation action items contained on this listing get there via the following process: 1. Either the Local Mitigation Strategy Working Group (LMSWG) member makes a pitch to a "responsible agency" to apply for a grant to fund a mitigation initiative, or a "responsible agency" submits a Mitigation Initiative Evaluation Score Sheet (Annex J) to the LMSWG for consideration at a working group meeting. [NOTE: The Mitigation Initiative Evaluation Score Sheet (Annex J) is a tool used by the LMSWG to analyze the mitigation initiative. It forces the applicant to consider the project in light of the goals and objectives contained within the Local Mitigation Strategy (Section 3), and it provides an indication of the project's impact and/or value to the community. It also provides a very basic benefit-cost analysis (BCA) on the worksheet for the applicant to complete.] 2. The "responsible agency", henceforth the applicant, will make a presentation about the mitigation initiative to the LMSWG at either a regular or special meeting. 3. The LMSWG members have an opportunity to ask questions to the applicant regarding the initiative as well as challenge scores and/or comments on the Mitigation Initiative Evaluation Score Sheet (Annex J). 4. Once all issues are resolved and/or scores adjusted, the LMSWG members vote on the initiative. If the initiative passes with a simple majority vote, the Chair will complete the scoring process, according to the weighting factors contained in Section 4 (Procedures for Prioritizing Hazard Mitigation Initiatives) and place the new "action item" on the listing below in the location commensurate with the final weighted project score received. 5. Special Circumstance: Should an eligible entity have an opportunity to apply for a mitigation grant for an initiative not previously listed on the Prioritized Listing of Mitigation Action Items (Annex G) and not be able to apply for the grant because the next announced LMSWG meeting would preclude timely application, this procedure applies. The applicant will complete a project score sheet, Annex J, and submit it to the Emergency Management Department. Emergency Management will transmit the score sheet to the Chair. The Chair will clectronically transmit the score sheet to the voting members of the LMSWG along with an explanation of the exigent circumstances. The LMSWG voting members have two business-days to vote on the initiative's acceptability to the Prioritized Listing of Mitigation Action Items. At the conclusion of the two business-days a majority vote, with at least three votes agreeing, determines the initiative's status. A transcript of this exception will be entered into the minutes at the next scheduled meeting. 6. Special Rule for Initiatives Which Can't be Quantified: See Section 4, para. 4.1.4 It should be noted, either process only gets the project on the Collier County project priority listing. 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Halas:+ h, ~'J..A/ c., BoardofCountyCommlSSloners Naples, Flonda Henning --r~./ October 21,2009 coyleJ," ' V Colettaj 'v LET IT BE REMEMBERED, that the Contractor Licensing Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Richard Joslin . d Eric Guite' 1 Lee om -----0 Terry Jerulle Kyle Lantz Thomas Lykos Patrick White ALSO PRESENT: Patrick Neale, Attorney for the Board Robert Zachary, Assistant County Attorney Michael Ossorio, Contractor Licensing Supervisor Page 1 Date: b l Item # l CopieS to 16 I ',1 f1'J October 21, 2009 CHAIRMAN JOSLIN: I'd like to call to order the October 21st Contractor Licensing Board hearing. Any person who decides to appeal a decision of this board will need a record of the proceedings thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes that testimony and evidence upon which the appeal is to be based. Just for your knowledge, there is a court reporter here reporting all the minutes that are going on right now. I'd like to open the meeting with starting with roll call starting to my right. MR. JERULLE: Terry Jerulle. MR. LANTZ: Kyle Lantz. MR. L YKOS: Tom Lykos. MR. JOSLIN: Richard Joslin. MR. HORN: Lee Horn. MR. WHITE: Patrick White. MR. BOYD: Michael Boyd. CHAIRMAN JOSLIN: Staff, is there any additions or deletions to the agenda? MR. JACKSON: Good morning. Ian Jackson, Contractor Licensing for Collier County. Staff has an addition under new business. A Todd Grup, G-R-U-P. And Mr. Grup is potentially going to be here to reinstate a revoked license. That's the only change. CHAIRMAN JOSLIN: What type oflicense is it; do you know? MR. JACKSON: Mr. Grup had a cabinet installation license that was revoked. CHAIRMAN JOSLIN: Okay, no any other additions or deletions, I'll have a motion to approve the agenda as amended. MR. L YKOS: So moved, Lykos. Page 2 161 1 A' October 21, 2009 MR. LANTZ: Second, Lantz. CHAIRMAN JOSLIN: We have motion and a second. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. I need a motion to approve the agenda, if everyone has read -- I'm sorry, a motion to approve the minutes from the September 17th meeting. MR. WHITE: Motion to approve with one potential correction, Mr. Chairman. CHAIRMAN JOSLIN: Okay. MR. WHITE: Page 41, I note here, the top it says Mr. Mudd. I think that more accurately should state Mr. Mullee as the name. But other than that, it looked fine to me. CHAIRMAN JOSLIN: Oh, you're right. Okay. That's all the changes, we have a motion, I need a second. MR. L YKOS: Second, Lykos. CHAIRMAN JOSLIN: Motion and a second. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. Page 3 16 I 1 -A~ October 21, 2009 MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Under discussion, we have an end of the month report for August and September through 2009. Members of the board, have you gone through this and took a look at what our licensing investigators are producing? Mr. Ossorio, would you like to interject on this? MR. OSSORIO: Yes, Mr. Chairman. Michael Ossorio for the record, Contractor Licensing Supervisor. This is the end of the month. This is actually the end of the year. And we did the calculations and we're up about 12 percent from last year. CHAIRMAN JOSLIN: Up? MR. OSSORIO: Up 12 percent from last year to this year. So we're up in citations, up in fines, up in renewals, up in money returned. I think we returned over $195,000 back to consumers in a 12-month period, so we're doing quite well. CHAIRMAN JOSLIN: Has there been any word on the items that we discussed at the last meeting regarding -- MR. OSSORIO: There's going to be a -- well, for licensing purposes we're all completed. We're buttoned up, we're ready to go in front of the Board of County Commissioners and we are on the agenda for the November 10th meeting. I know that we might be on the consent agenda, I'm not sure, but I'm sure it's going to be pulled. I'm going to shoot you an e-mail letting you know that you should be there, that it might be time certain so you don't have to stay there all day, and so you can speak on behalf of the licensing board when the time comes to look at our fees. But we're ready to go. I think it's done, sealed and ready to go to Page 4 JJ~blr 21 ,~009 .{{3 the Board of County Commissioners the 10th of November. CHAIRMAN JOSLIN: Okay. I know I went to the DSAC meeting when they had it and they pretty much didn't have anything too derogatory to say about licensing. Everything seemed to fly right through there. MR. OSSORIO: Yeah, there was no problem. And I know the DSAC also looked at the Collier County Building Department fees in general, and they're going through one more DSAC sub-committee, and they'll be in front of the board too as well on the 10th. So that's on track as well. CHAIRMAN JOSLIN: Outstanding. Okay. Anyone have any questions or discussion on this? (No response.) CHAIRMAN JOSLIN: Okay, we'll move on. Under new business, is there a Douglas Synowsky here? MR. SYNOWSKY: Yes. CHAIRMAN JOSLIN: Y ou're present. Would you please come up to the podium here and be sworn in. (Mr. Ganguli and Mr. Synowsky were duly sworn.) CHAIRMAN JOSLIN: Mr. Synowsky, I've got in front of me a series of three violations that were given to you. MR. SYNOWSKY: Yes. CHAIRMAN JOSLIN: One for unlicensed floor advertising, one for unlicensed roofing advertising, and one for unlicensed painting advertising. MR. SYNOWSKY: Yes. CHAIRMAN JOSLIN: Each for -- two of them are for $300 each, and one of them is for $500. MR. OSSORIO: Mr. Chairman, just for clarity, this is -- this information is from the respondent. I'd like to go ahead and get evidence into the packet from our office. CHAIRMAN JOSLIN: All right, sir. Page 5 !eb!r 21 ,~009 ~ j MR. OSSORIO: So you can review it at the same time. CHAIRMAN JOSLIN: Okay. I'll need a motion to enter this as Exhibit A into Douglas Synowsky's packet, please. MR. L YKOS: So moved, Lykos. MR. JERULLE: Second, Jerulle. CHAIRMAN JOSLIN: We have A motion and a second. All in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. We'll take just a second here to kind of review this a little bit. Okay, Mr. Synowsky, would you like to kind of give me an overview as far as what happened and why these tickets were issued to you? MR. SYNOWSKY: Well, I had a -- I have a handyman and detailing business. I've got a license for handyman and detailing cars and boats and all that. This company called me up on the phone about advertising, and I told them that I want to advertise for detailing and pressure washing and cleaning, you know, mostly. Well, they came up and sent these fliers out without my permission. I never got a sample of anything in the mail of whatever this flier is. They spelled my name wrong. Anything on this card I'm not contracted for, I have no licenses for. I talked to them on June 1 st and canceled everything, because I Page 6 tgo!er 2~2009.{13 got one in the mail. And I called them right up and told them, I says, I'm not licensed. I mean, how can you mail something out when I'm not licensed for it? Then on June 24th, code enforcement called me up and told me to come in the office. So I went in the office on the 24th of June, and I got these citations. Which I told the code enforcement, you know, everything that was going on. Still today they are mailing these fliers out, and I can't do nothing about it. I got bills stating that I owe them $661 on 10/20 of this month. Every time I get these cards I go to code enforcement and tell them that, you know, they're still mailing these out. CHAIRMAN JOSLIN: You said code enforcement, you mean contractor licensing? MR. SYNOWSKY: Or contractor licensing, yes. I'm sorry. CHAIRMAN JOSLIN: Just to clarify that. MR. SYNOWSKY: Yeah, I go there every time I get these cards in the mail and tell them, you know, I can't -- I don't have no control of it. You know, I canceled it on the 1 st of June -- on the 1 st of June I called them up and canceled this. And I don't know what else to do. I mean, I don't have $1,100 to pay fines. I'm not working. I'm trying to do the best I can. You know, like I said, I go to him and -- every time they mail these out. I got six of them already. These ones I haven't even opened yet, but they're dated when I got them in the mail. CHAIRMAN JOSLIN: Where are they producing these at? I mean, is this a company -- MR. SYNOWSKY: This is out of Texas. This is out of Texas. I can show you the bill. CHAIRMAN JOSLIN: Is this advertising going in any other publication, like a phone book or -- Page 7 161 1 ~ October 21,2009 A MR. SYNOWSKY: Not that I know of. CHAIRMAN JOSLIN: -- other than just fliers that you're getting in the mail. MR. SYNOWSKY: No, this is just fliers that they send out in the mail. CHAIRMAN JOSLIN: Are they sending them to homeowners-- MR. SYNOWSKY: Yes. CHAIRMAN JOSLIN: -- on the street also? MR. SYNOWSKY: They send them to homeowners in Naples. CHAIRMAN JOSLIN: And this all came from a phone call? MR. SYNOWSKY: Yes. CHAIRMAN JOSLIN: And you didn't authorize this? MR. SYNOWSKY: I authorized them to do some advertising, but I didn't authorize them to send this card out. They were supposed to send me a sample of what they're going to send out and all that. CHAIRMAN JOSLIN: When they asked you about your qualifications as far as what you can do as a handyman, did you give them information that you can do all these things as a handyman? MR. SYNOWSKY: No, no, not these. Not what's on this card, no. CHAIRMAN JOSLIN: Okay, Mr. Ganguli, would you -- MR. OSSORlO: Would you like to have the board take a look at it? Do you want them to pass the card around? MR. SYNOWSKY: Sure. CHAIRMAN JOSLIN: Okay, I'd like to do that, at least look at it. If it's not in the packet. I didn't see anything in the packet similar to it. I have it but it's plain. MR. SYNOWSKY: Do you want to see their bill too, or -- CHAIRMAN JOSLIN: Yes, please. MR. SYNOWSKY: I've got three of them, and they're all from-- this is the last one. CHAIRMAN JOSLIN: Thank you. Page 8 o~~e! 21, !09 113 Do you want to submit these into evidence also? MR. NEALE: Yeah. CHAIRMAN JOSLIN: Okay, I need a motion to submit the postcard and the three pieces of paper here from building. MR. SYNOWSKY: They won't accept none of my phone calls. I call -- CHAIRMAN JOSLIN: Okay, one second. Motion to approve these, please. MR. L YKOS: So moved, Lykos. MR. LANTZ: Second, Lantz. CHAIRMAN JOSLIN: These will be Exhibit B, or number 2. Exhibit A or B. Motion and a second. All in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: So moved. MR. SYNOWSKY: Would you like to see the cancellation paper? CHAIRMAN JOSLIN: No, we have a copy of that. MR. SYNOWSKY: Okay. MR. JERULLE: Can I ask when you placed the ad? MR. SYNOWSKY: They called me up in April, in the middle of April. And I didn't find nothing out until June 1 st when I called them back and canceled it. And when I talked to them, I faxed them the tickets that I got and Page 9 161 1 October 21, 2009 A~ after that I never heard from them again. CHAIRMAN JOSLIN: Wow. MR. OSSORIO: Mr. Chairman, just to clarify real quick, I know Rob Ganguli might speak on this behalf, but the reason why there's a $500 ticket out there for painting is because this gentleman was cited before for painting, so he paid his first fine for 300. MR. WHITE: Mr. Chairman, may I inquire? CHAIRMAN JOSLIN: Sure. MR. WHITE: When was that specifically? MR. SYNOWSKY: That was in March. MR. WHITE: Of this year? MR. SYNOWSKY: Yes. MR. GANGULI: The first citation was issued April 9th. CHAIRMAN JOSLIN: And this was for painting? MR. GANGULI: I caught him on a job site painting without being sufficiently licensed. MR. WHITE: Was the nature of that citation unlicensed painting advertising or unlicensed painting? MR. GANGULI: Unlicensed painting contracting. I caught him on a job site performing the work. MR. WHITE: Well, I note from our packet, both defense A and from county's prosecution A, that the painting Citation 4925 is for unlicensed painting advertising, which is a little different in my mind than actually painting. MR. GANGULI: On the citation, Mr. White, under description of violation, it's checked offletter F, which specifies engaged in the business or act in the capacity of a contractor or advertise self or business organization as available to engage in the business or act in a capacity of a contractor without being duly registered or certified. MR. WHITE: And does it not also specifically underline the words advertise self? MR. GANGULI: Advertise self under F, as well as act in the Page 10 t~oJer 2 ~2009 A3 capacity of, under F. MR. WHITE: Well, I understand that those words are there, but I'm trying to derive the meaning from this entire citation. And when someone looks to specify something that bolsters what is otherwise hindered by hand and specifically states unlicensed painting advertising and above says advertising painting and in parenthesis second defense, I tend to come to the conclusion that it's because he impermissibly advertised that he paints when he only has a handyman licensed. Now, I understand that there's factual evidence we are presented at hearing today that would seek to find a violation for actually painting, but I don't know that you've cited him for that violation. So I'm just trying to point out that if we're going to bring people before this board and they're going to look to defend themselves, I'm going to look very particularly at each of the things that the staff has done and that the respondent has done to make sure that we're doing it by the numbers. MR. GANGULI: Mr. White, in this case I did it by the letters, which is F, which includes both advertising and acting in the capacity. MR. WHITE: You've heard my analysis of it, and I do not agree with you. CHAIRMAN JOSLIN: Am I understanding this correctly, Mr. Ganguli, that the April 9th citation was before these other three citations -- MR. GANGULI: Yes, sir. CHAIRMAN JOSLIN: -- occurred? Okay. So in a bulk what you've done -- Mr. White, I think what he's done is on his advertising portion of it, because of the fact that he was caught with an advertisement saying that he can do painting, he can do advertising or roofing and he advertised to do flooring -- or I'm sorry, unlicensed flooring advertising, those three items were bulked together on three separate violations. But the actual April 9th Page 11 16 I 1 Pr~ October 21,2009 violation that he is citing (sic) for contracting painting was a different violation that he's already been cited for. MR. WHITE: I agree with you, Mr. Chairman, it was a different violation. It was the actual act of painting as opposed to advertising painting. CHAIRMAN JOSLIN: Right. MR. WHITE: And for those reasons, I also question whether it should be an enhanced penalty of 500 for this particular Citation 4925. So I don't mean to be too lawyerly about it, but the fact of the matter is that, you know, they have presented a case and I'm just looking at it as objectively as I do all the others. And from my point of view I'm not convinced yet that he had the intent to advertise and impermissibly as to the other two citations warrant the citations being upheld. That's just my view of it today, sir. CHAIRMAN JOSLIN: Okay. Kind of the way that I look at it at the moment is that first of all, if he was cited in April for painting, number one, and then he gets cited again in June for advertising painting would lead me to believe that somewhere along the lines the advertising company had knowledge and maybe had knowledge that he told them I do roofing, I do flooring, I can do anything as a handyman and this is what they put in his advertising. So it's making me think that he is guilty of painting and yes, the violation probably did occur. MR. WHITE: I understand. I'm just going by the evidence that's before me and not my own conjecture. CHAIRMAN JOSLIN: That's my opinion. MR. WHITE: I understand. CHAIRMAN JOSLIN: Go ahead, Mr. Lykos. MR. L YKOS: Mr. Chairman? Question for Mr. Ganguli. The first citation on April 9th was paid; is that correct? MR. GANGULI: Yes, sir. Page 12 16 I 1 P<~ October 21, 2009 MR. L YKOS: So the citation on April 9th for unlicensed paint contracting was paid. MR. GANGULI: Yes, sir. MR. L YKOS: Okay. At that time the issues of advertising weren't even -- the advertising was not an issue at the time, because you just caught him on a job site painting. MR. GANGULI: Yes, sir. MR. L YKOS: Subsequent to that, the issue of advertising painting, roofing, flooring, all those other things came up. MR. GANGULI: Through the postcard that was turned in to our office from another licensed contractor. MR. L YKOS: I understand. So the issues really are separate. MR. GANGULI: Very much so. MR. L YKOS: The reason that the second citation for painting is higher is because your position is it was the second violation. MR. GANGULI: My position is based on what's described in the citation, Mr. Lykos, under F, which includes acting in the capacity of a contractor, as well as advertising. So my decision was based entirely on what was available to me to select on the citation. MR. L YKOS: I understand. MR. OSSORIO: Or means or. MR. L YKOS: I understand. MR. OSSORIO: Under the state statute there's no difference from someone advertising or doing the work, it's still unlicensed. MR. L YKOS: I completely understand. My next comment is that as a contractor, and I don't remember how many of us for sure there are here, but as a contractor, we're responsible for everything that we do and everything that has our name on it: Advertising, our employees, our bookkeepers, our accountants. Page 13 16 I 1 A~ October 21, 2009 I have an accountant who does my tax return, I'm still responsible to make sure that tax return is correct. You have a responsibility, Mr. Synowsky, for the advertising that has your name on it. It's easy for anybody to come back and say now that I've gotten in trouble, well, that wasn't what I authorized. So anybody can make that claim. Had you not gotten caught, how proactive would you have been to correct this problem? We don't know that. It's a rhetorical question, it wasn't meant for you to answer. MR. SYNOWSKY: Well, like I said-- MR. L YKOS: As a contractor you are responsible for your advertising, for your employees, should you have them, you're responsible for everything having to do with your business. And it might be that this advertising company overstepped what your verbal agreement was with them, but you're still responsible, because it's got your name on it. CHAIRMAN JOSLIN: Someone gave them that information or they wouldn't have put it on a postcard, made out that many of them and keep sending them to you. Someone gave them some kind of an insight that said that this detailing handyman person can do all these items. I have a hard time believing that they're going to say why didn't they just put detail and handyman and leave it at that. Why did they list all the items, unless someone gave them opportunity to be able to put those on there. So Mr. Lykos, I totally agree with you. MR. SYNOWSKY: Well, like I said, I canceled it on the 1st of June. CHAIRMAN JOSLIN: Well, whether you canceled it or not I think at this point is immaterial. The fact is that you got caught in April painting, and now you want us to -- MR. JERULLE: And painting is listed as one of the items. Page 14 oc!~r ~ 1, 2!09 ~ CHAIRMAN JOSLIN: And painting is one of the items on this card. That leads me to believe that someone told these people that you paint. And unfortunately they put it on your postcard, which means that you're advertising painting. I need a motion, gentlemen. MR. WHITE: Point of inquiry, Mr. Chairman? CHAIRMAN JOSLIN: Yes. MR. WHITE: The facts in the record as presented to us by the respondent are that he in fact not only made the claim but that he actually has a letter in here from the people who indicate that he had not received the proof of what it says. So the evidence we have, as opposed to what we think he might have done or believe he could have done, is that they did not show him a proof. He had no idea. He is essentially being told that he is responsible for something he had no awareness of until the staff brought it to his attention. So I don't know if that's essentially fair or not. I tend to believe that someone who has not learned their lesson the first time and was out painting and is then in a position where subsequent to that three citations are issued probably ought to be getting the message. But I can't believe that the guy actually allowed a card to go out that doesn't have his name spelled properly. So what I'd like to inquire from the staff about is, you've been very diligent in attempting to prove your case. Did you in fact contact anyone from Idearc about the authenticity of this letter that was provided? Which apparently you had beforehand, because it was in our packets, unlike the staffs -- county's materials, which we received today. MR. GANGULI: Mr. White, I did not contact them. MR. WHITE: So you do not have an opinion as to the authenticity or the credibility of this document. MR. GANGULI: No. And if! did, I don't know if Mr. Neale Page 15 o!o~e}21, 2!09 A 3 would allow me to give it. MR. WHITE: Certainly if you did some investigation I imagine he would -- MR. GANGULI: It didn't include -- MR. WHITE: -- as opposed to your opinion. MR. GANGULI: It did not include calling the postcard company. MR. WHITE: Okay. So my point simply is, gentlemen, that we're here to weigh evidence. And, you know, I understand there's going to be a difference of opinion here. I'm just articulating to you so that you know and so that the staff knows and hopefully the respondent is understanding this, that we're looking to properly weigh what it is that's put before us, even if we receive it in here. Thank you. MR. NEALE: I'd just like to bring to the board's attention the relevant section of Florida Statutes on this. It's 489.127.5.D.3, which states that if the person issued the citation or his or her designated representative shows that the citation is invalid or that the violation has been corrected prior to appearing before the enforcement or licensing board or designated special magistrate, the enforcement or licensing board or designated special magistrate may dismiss the citation, unless the violation's irreparable or irreversible. So that's the standard on which the board operates on this. MR. WHITE: Could I -- CHAIRMAN JOSLIN: Let me ask you a question. One second, Mr. White. Mr. Neale, is it possible, considering the fact ofMr. White's comments and that in all honesty I don't want to penalize someone over something that they had no control over. Is it possible that we could table this particular case and give him a 3D-day period of time for staff to be able to contact these people and find out the background behind how they got the information and who authorized it and what Page 16 16 I 1 +r?J October 21,2009 went on with this? That way if it is valid and if it is something that is determined, he can come back in 30 days and we'll just leave the citation on the floor at the moment. MR. NEALE: I mean, it's the pleasure of the county that they can continue the matter until the next scheduled hearing, if they so wish. And subject to further review. CHAIRMAN JOSLIN: I mean, that's just a thought in my mind. I don't know how the rest of the board members feel about it, but -- MR. JERULLE: No, you know, sometimes things are what they are. And if you look at the timeline, sometime in April he places an ad. Sometime in April he gets caught for doing something that he's not supposed to be doing. There's no question about that. MR. WHITE: There is a question about that, because-- MR. JERULLE: In May --I'm trying to make my point, excuse me. In May the packet, or postcard is mailed out. And in June he tries -- he sees the postcard and has lists of items he's not licensed for, knows that he's going to be fined and tries to cancel it. In my mind I think it's fairly simple. Sometimes things are what they are. CHAIRMAN JOSLIN: I tend to agree with you. I'm just trying to satisfy both sides of the coin here. MR. WHITE: There's a couple of problems with what the gentleman has said. One is that there's -- even in your own statement, the inconsistency that he was cited in April and the postcards went out in May. What the evidence says in the form of the letter he received from the people who created the postcards was that he canceled it on June 1 st, which is prior to the June 24th citations. So I'm not sure how I can agree with you that what things are are what they are. I think there's something different. Page 17 16' 1 A!J October 21, 2009 And I understand that we have a responsibility here, and it is one that flows in my mind both ways and is whether I'm a consumer advocate or a contractor, I'm going to make my decisions and cast my vote in a way that is based upon what the evidence shows, not what I think might have happened. So that's my only point, gentlemen. MR. JERULLE: And I'll make my point again. He is advertised for painting and he was caught painting. MR. WHITE: Which time? CHAIRMAN JOSLIN: In April. That's when this first citation came out, in April. MR. WHITE: No, I believe he was cited for painting, not for advertising painting. Is that what the testimony was, Mr. Ganguli? MR. GANGULI: Yes, sir, the April 9th violation was for engaging in the act of. MR. WHITE: Thank you. MR. OSSORIO: Okay, for the -- just to clarify, the respondent's got to realize that we're going to be calling Mr. Boston and we're going to get a sworn affidavit by telephone, and a lot of questions are going to be asked of how he got contacted, who contacted who, what information did you want on the postcard. So do you want us to call that company to verify that what was said or-- , MR. SYNOWSKY: That's fine. MR. OSSORIO: Which I have no problem if you want to go ahead and table this till the next meeting, we can do so. I think we're going to be right back in here with a sworn affidavit corroborating the county's position. MR. WHITE: If that's the case -- CHAIRMAN JOSLIN: I would then say, Michael, I think you're correct, I think the board then needs to hear the case and needs to Page 18 ol~)21, 2!09 A3 make a decision today. And should it come out to where the citations are valid, that then if Mr. Synowsky chooses to, he can get on the horn and he can call these people. And if they choose to give information that proves otherwise, then he can always come and appeal the case-- or appeal the decision, excuse me. MR. WHITE: Mr. Chairman, one of the points of what Mr. Neale said that informs me about what we can do here today is we have the opportunity to dismiss this because he has come into compliance -- THE COURT REPORTER: Mr. White, excuse me, could you come closer to the mic. MR. WHITE: I actually can hear myself. He actually has come into compliance based upon the only evidence that's before us on June 1st. He made the effort to cancel the contract for the advertising that are what the three citations say he has done impermissibly. So ifhe has corrected it, we have the capacity today to dismiss these three citations. I'm not saying we should, I'm just trying to recognize what the law allows us to do and whether the policy here is to encourage people to abate violations, or as some of the other individuals perhaps later in the agenda, to continue an activity that's inappropriate. MR. NEALE: I'd like to bring something to the attention of the board. CHAIRMAN JOSLIN: Mr. Neale? MR. NEALE: Is that the only appeal route on a final administrative order of this board for citations of this type is to circuit court, not back to this board. There is no provision for a rehearing, there's no provision for any re-review. If you find that he's in violation here, and he wishes to appeal, his only appeal is to circuit court. MR. WHITE: That's by cert. or-- MR. NEALE: It's cert., it's not an appeal de novo. Page 19 16 I 1 kJ October 21, 2009 MR. WHITE: Okay, got it. CHAIRMAN JOSLIN: Okay. Thank you for that clarification for sure. Go ahead, Kyle. MR. LANTZ: I just have a comment. First of all, I like to see people getting fined for this type of offense, because I see it every day; I open my mail and I see it. However, as I'm reading his invoices, I see that he's being charged for advertising for June and July, whereas they already gave a letter that he canceled his advertising as of June 1 st. Which leads me to believe that the advertising company is not really one of the best companies out there. And my guess is when you call them, you know, there's maybe 100 people there and nobody knows what they're talking about. It's just in the database. And so that leads me to believe that they're kind of screwed up and makes me believe him a little bit more. CHAIRMAN JOSLIN: You know, I'm kind of seesawing back and forth myself because of the same reasons. I mean, there's a lot of things that says to me that someone that gets caught painting and then all of a sudden the following month he's got advertising saying he can paint, as well as other things, I'm just wondering if we have a handyman here that is advertising and going out and trying to do all the different trades, because he's now -- and then he figured he got caught and -- MR. NEALE: I'd like to caution the board, though, and bring forth what Mr. White says. The only thing you can decide on is on the evidence presented here, not conjecture, not what you think might have happened, but any evidence presented in this hearing. CHAIRMAN JOSLIN: Well, this is all just hearsay. We're allowed to hear hearsay, right? MR. NEALE: But you cannot make a decision based on hearsay. CHAIRMAN JOSLIN: No, exactly. Page 20 1 6 I 1 -AD October 21,2009 MR. NEALE: And so conjecture, et cetera is not something you can use to make your decision, it has to be based on evidence presented. MR. OSSORIO: Mr. Neale, would you say that piece of paper that Mr. White keeps referring to as evidence, would that evidence be hearsay if we cannot cross-examine Mr. Boston? MR. NEALE: No. MR. OSSORIO: No, okay. MR. NEALE: It's a written document presented from that party, so I mean -- MR. WHITE: It's essentially as valid as the evidence we took in from the county at the beginning of this particular matter. MR. OSSORIO: That's not our document, that's his document. MR. WHITE: I'm talking about the county's packet which we received at the beginning of the hearing. There were no statements that any of this was sworn or otherwise given any additional degree of competent or substantial evidence. They both stand kind of equally on their face. CHAIRMAN JOSLIN: On that contract, someone has the contract, is there anywhere on there where it says any type of a cancellation term or anything in writing that says he can cancel this at any time, or is it like a yearly contract he signed into or -- MR. LANTZ: It's just bills that we have. MR. HORN: Actually, I have a question. CHAIRMAN JOSLIN: Sure. MR. HORN: Mr. Synowsky, just looking at the letter you received from the advertising company, did you call them on the day you received your violations? MR. SYNOWSKY: No. MR. HORN: You didn't call them that day? MR. SYNOWSKY: No. MR. HORN: It's kind of curious because the date of the Page 21 oc!~r L, 2!9 {b violations, June 24th, is the exact date that that letter is sent out and dated by the advertising company on the dot. Just seems like a heck of a coincidence otherwise. MR. SYNOWSKY: No, that's when I received it. Because I went to -- I went over to the county and they wanted proof, so I called them back up and had them fax that to me. MR. HORN: So you did call them on June 24th. MR. SYNOWSKY: Yes. MR. HORN: Okay, that's -- MR. SYNOWSKY: I called them back up and they faxed me this paperwork over when I canceled it. MR. HORN: Just curious. Thank you. CHAIRMAN JOSLIN: When did you receive the first postcard? MR. SYNOWSKY: It was in June. CHAIRMAN JOSLIN: In June. MR. SYNOWSKY: And then I got the next one July 10th. And I got two of them on July 10th. Then I got the next one, not even opened, on July 13th. MR. WHITE: Can I ask more questions? CHAIRMAN JOSLIN: -- again? MR. WHITE: Because I'm confused by the answers he gave to your question. MR. HORN: Well, I got a little bit ofa difference, but that's okay. MR. WHITE: The document that's dated June 24th from Idearc says that you canceled the contract on June 1st. MR. SYNOWSKY: Yes. MR. WHITE: Now, I'm assuming you spoke to them either on June 1 st or beforehand in order to cancel it. MR. SYNOWSKY: I spoke to them on June 1st. MR. WHITE: Okay. Did you also speak to them on the 24th saymg -- Page 22 16 I l-k) October 21, 2009 MR. SYNOWSKY: Yes. MR. WHITE: -- give me a letter? MR. SYNOWSKY: Yes. MR. WHITE: Okay, there we go. That-- MR. SYNOWSKY: When I got my fines, I called them back up and faxed them these fines that I had. They wanted proof that I was being fined for the cards that they were mailing out. They wanted proof of that. MR. WHITE: And-- CHAIRMAN JOSLIN: Did you do that? MR. SYNOWSKY: Yes, I did. CHAIRMAN JOSLIN: And have you had a response from them since? MR. SYNOWSKY: No, they won't return my phone calls. And they're still mailing them out today. That's what I'm saying, I don't-- MR. HORN: Question just out of curiosity, since you said that. Why would they need to see the violations to send a letter out saying that you had already canceled it through -- MR. SYNOWSKY: No, they needed to see that I got violated, that I got a fine for their advertising. Because I'm saying, who's going to pay for this. How can you advertise something that I'm not licensed for? MR. HORN: Did they agree to pay your violations? MR. SYNOWSKY: No. No, they won't return my phone calls now. But they said they wanted proof that I got fined for this advertising. So I had to show them -- MR. HORN: So they said that they would send you this letter? MR. SYNOWSKY: I had to show them proof that it says advertising on here to them. MR. HORN: No, I understand that, sir. My question is they needed the proof for what, so that they would send this letter to you? MR. SYNOWSKY: No, I just wanted a letter showing Page 23 Octlg Jl, 20t *r; cancellation, that I canceled it to him. MR. HORN: No, I understand. But why would they need the proof of the citations? What would they need that for? MR. SYNOWSKY: They needed proof of citations that I got fined over the advertising. MR. HORN: I understand. But why? To cancel the contract or MR. SYNOWSKY: No. MR. HORN: -- to send a letter? MR. SYNOWSKY: No, they -- I canceled the contract before I got violated. MR. HORN: I understand. But why would they need to see the violations? That's why I'm a -- you got me confused now. MR. SYNOWSKY: They wanted to see the violations because of the advertising. You're getting me confused. MR. HORN: I understand they wanted to see the violations. But why? If it's already canceled and they're not going to be mailing anything out because you canceled it, why would they need to see the violations? MR. SYNOWSKY: I don't have no idea. They wanted to see the violations. MR. HORN: I mean, it wasn't we need to see the violations -- MR. SYNOWSKY: Because I was -- MR. HORN: -- or we're going to-- MR. SYNOWSKY: -- asking who's going to-- MR. HORN: -- write a letter or -- MR. SYNOWSKY: -- pay for this. THE COURT REPORTER: I can't get both of you. CHAIRMAN JOSLIN: One at a time, please. One at a time. MR. SYNOWSKY: I mean, I don't know who's going to pay for it. I don't know if! should get an attorney on them for -- you know, I don't know. Page 24 olieJ21,lo9 M Then when I talked to him, I'm just trying to be honest with him. And every time I got these sent in the mail, I went over and showed 'em, and they made copies of it. MR. HORN: No, I understand you completely, I just don't understand why they would want to see the violations unless there was something you were asking for in return. That's why you had me confused. That's all I'm trying to figure out. MR. SYNOWSKY: I have no idea. MR. HORN: Okay. MR. SYNOWSKY: I showed them the -- I faxed them the violations because of the false advertising. They wanted proof that I was being fined for false advertising, so I faxed them the citations. CHAIRMAN JOSLIN: And what was the reasoning for that? I mean, what was the response to the question when you told them you were going to be fined or you had citations for false advertising. How did that get on a postcard that you put on there? Did you ask them the questions -- MR. SYNOWSKY: Yeah. CHAIRMAN JOSLIN: -- to try to find out? MR. SYNOWSKY: Yeah. CHAIRMAN JOSLIN: I said why -- how come you didn't mail me this? And they said they did mail it to me. And I said, I've never received nothing. I never received nothing in the mail. So I'm calling. On January 1st (sic) I'm calling -- or June 1st I'm calling to cancel it. Because why am I paying for something that I can't even be licensed to do? So I had to cancel it. Because like you said, I didn't want to get fined. And 24 days later I got fined. Simple as that. I don't know what else to tell you. I mean, I'm serious, I don't know what else to tell you. I mean, I've been honest with him. Every time I got these letters in the mail, I went right up to the county and gave it to them. They made copies of them. And I still have no control of it. They're still out Page 25 oc!b~r ! 1, 219 t?J there. They're still in someone's mailbox next month and I can't do nothing about it. CHAIRMAN JOSLIN: Well, I find that hard to believe that you can't do anything about it. I mean, it can be done. MR. SYNOWSKY: I tried calling them and they won't accept my calls. Ifhe wants to call them up, that's more than welcome. I'm fine with that. CHAIRMAN JOSLIN: You may have to take some other drastic steps but it can be done, I'm sure. I mean, it may take an attorney to write them a letter -- MR. SYNOWSKY: I'm fine with that. CHAIRMAN JOSLIN: -- and cancel it, but-- MR. SYNOWSKY: But like I said, if! have to pay these, I don't know what to do. I don't know if! get an attorney to sue them or what. CHAIRMAN JOSLIN: You may have to do that. MR. LANTZ: I just have one more question. When you first talked to them in April about advertising, what did you talk to them about advertising for? MR. SYNOWSKY: Detailing cars, boats. I pressure wash, I-- it's mostly anything on the handyman license. Mostly pressure washing, lawn mowing, assembling weight machines and all that. I mean, you can do very -- replace screens. You can very -- do little on handyman license. You can't really do much on a handyman license. Now, on the first offense that I got for painting, I was painting a friend's house. He didn't live there at the time. Someone called and said I was painting. He came in and violated me. I paid the fine. I didn't know what else to do. I told the owner about it, he was going to come down and pay it for me. I mean, I can get that in writing that I was just painting his house. CHAIRMAN JOSLIN: That's not necessary. Mr. Ossorio, just one quick opening. Would you please define Page 26 16 I 1 fJr~ October 21, 2009 the categories of what a handyman can actually do? MR. OSSORIO: Well, the respondent can tell you, when an applicant comes in for a handyman or a business tax receipt, they sign an affidavit explaining what they can and cannot do. And there is a -- basically a handyman does basically nothing, just what this gentleman says. You can do some painting if it's just like if you're painting a garage door, inconsequential but you can't paint a house. And that's something the investigator goes out in the field and looks at. But no plumbing, electrical, no tile, no drywall. And he signs an affidavit. So here it's kind of ironic that he tells you you want him (sic) to believe his story but he signs up, gets a handyman license, signs an affidavit that he won't paint and then he's out there painting. And he even tells you that he was painting. So, you know. MR. WHITE: And if you guys had cited him for painting as opposed to unlicensed painting advertising, I'd have no problem with that citation. But that isn't what it says. MR.OSSORIO: Well, I don't --I'm not an attorney, but I would say to you when you look at F, there's no two parts of it. It says either/or. So or means or. But maybe Robert Zachary can chime in. But if you want, I have no problem dismissing that $500 one for the painting, if that's an issue. We can go ahead and drop the 500 one for painting and just go for the other three, the $300 ones for advertising. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: That's the board's decision. CHAIRMAN JOSLIN: What's the pleasure of the board? Anybody got a motion? MR. WHITE: Just as a point of order, Mr. Chairman, I believe his defense packet was included as part of our agenda packet. CHAIRMAN JOSLIN: And the extra that he gave us. THE COURT REPORTER: Did he give you something, though? Page 27 161 1 9 October 21, 2009 ~ CHAIRMAN JOSLIN: He gave us some invoices, right, which we need to enter that as evidence, yes. MR. NEALE: Those need to be entered. CHAIRMAN JOSLIN: That would be his letter C then. I need a motion, please. MR. L YKOS: You want them separate or combined? CHAIRMAN JOSLIN: No, we can combine them all. The postcard and the three copies of invoices, I need a motion to enter those exhibits. MR. WHITE: I move we accept them as defense packet B, composite exhibit. CHAIRMAN JOSLIN: I have a motion, I need a second. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: Motion and a second. All in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Nobody's got a motion? You want me to make it? MR. WHITE: I'd make a motion to dismiss all three, Mr. Chairman, but I'll doubt if it will get a second. So moved. (No response.) CHAIRMAN JOSLIN: I'll make a motion that we find Mr. Synowsky guilty on unlicensed flooring advertising, which is Citation No. 4927, guilty on roofing advertising as a violation No. 4926, and Page 28 Oct~~ J 1, 20!9 -b that we dismiss the painting advertising of invoice -- or under Citation 4925. MR. LANTZ: Second, Lantz. CHAIRMAN JOSLIN: We have a motion and a second. All in favor, signify by saying aye -- MR. L YKOS: Well, how about some discussion before we move on to vote? CHAIRMAN JOSLIN: I'm sorry. Okay. MR. L YKOS: Your motion is to waive the advertising painting citation altogether? CHAIRMAN JOSLIN: Yes. MR. L YKOS: Well, he did advertise for painting. So I would rather see that it's just not the second offense. If you're going to give up on it, don't give up on the whole thing -- CHAIRMAN JOSLIN: Oh, I'm sorry. MR. L YKOS: -- because he did advertise for painting. Painting's on the card. CHAIRMAN JOSLIN: I see. The difference in the cost is what you're talking about, correct? MR. L YKOS: Right. MR. NEALE: Except for the fact that the statute specifically states that if the enforcement or licensing board or designated special magistrate finds that a violation exists, the enforcement or licensing board or designated special magistrate may order the violator to pay a civil penalty of not less than the amount set forth on the violation, but not more than $1,000 per day. MR. WHITE: So you -- CHAIRMAN JOSLIN: We can't reduce it. MR. L YKOS: We can't reduce it. MR. WHITE: So you'd have to dismiss it. MR. NEALE: You either have to dismiss -- MR. WHITE: Or find a violation. Page 29 octote92L 201 Nb MR. NEALE: -- or 500 for up to 1,000. CHAIRMAN JOSLIN: And I'm only giving him the benefit of the doubt because of what Mr. White's comments are. In my real heart I believe that he was doing this work. I still think he probably is now. I'm going to make a little point here saying that if we catch you agam -- MR. WHITE: And if! may, Mr. Chairman-- CHAIRMAN JOSLIN: -- before this board. MR. SYNOWSKY: I understand. MR. WHITE: For the reasons that you've expressed, which I understood, I will be voting in favor of the motion. CHAIRMAN JOSLIN: Thank you, sir. I've got a motion, do I have a second? MR. LANTZ: I already seconded. CHAIRMAN JOSLIN: All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. You understand what happened, right? You are guilty on -- MR. SYNOWSKY: I got fined for two of them. CHAIRMAN JOSLIN: Fined for two of them and the one for $500 for unlicensed painting advertising we dismissed. MR. SYNOWSKY: Thank you. CHAIRMAN JOSLIN: You are welcome. Page 30 16 I 1 A?J October 21, 2009 Do you need copies when we're done? MR. SYNOWSKY: Just wait for them? I'd like to have copies, yes. MR. L YKOS: Here's everything. MR. SYNOWSKY: I could make copies and bring them back. CHAIRMAN JOSLIN: Yes, maybe -- can we get this done in the Commissioners' office, possibly, or across the street -- across the hall? Mr. Ganguli, would you do me the honors of going out and making copies of these three invoices and the postcard, please? Thank you. Okay, the next one on the agenda is a Michael R. Bain. Are you present, please? (No response.) CHAIRMAN JOSLIN: Mr. Bain not here. Okay, we'll put this on the table for a second and maybe he'll show up. Is there a Michael D. Green present? MR. GREEN: Yeah. CHAIRMAN JOSLIN: Mr. Green, would you come to the podium, be sworn in, please. (Mr. Green and Mr. Jackson were duly sworn.) CHAIRMAN JOSLIN: Mr. Green, apparently we are -- you have a citation that was issued to you also, right? MR. GREEN: Uh-huh. CHAIRMAN JOSLIN: As Gentleman Jim's. Are you Gentleman Jim? MR. GREEN: No. CHAIRMAN JOSLIN: No. Who is Gentleman Jim? MR. GREEN: It's a fictitious character. CHAIRMAN JOSLIN: Just a guy. MR. GREEN: Just a guy. Page 3 1 161 1 A.?J October 21, 2009 CHAIRMAN JOSLIN: With a hat on. MR. GREEN: Yeah. CHAIRMAN JOSLIN: A big guy. MR. GREEN: With an English accent. CHAIRMAN JOSLIN: Okay. You've got a citation here, No. 4962 for apparently engaging in business or acting in the capacity of a contractor or advertising self or business organization as available to engage in business or acting in the capacity of a contractor without being duly registered or certified. Would you like to explain the reasons, what happened? MR. GREEN: The piece of paper that was faxed to Mr. Jackson's office was personal property. It was a prototype that I was working on. It's my full intention to dispute those as-is. Or I don't know what that version is, but it clearly says contractor referral and handyman connection. I don't do any work. Simply, you know, answer the phone. I mean, the way the statute's written, I'm not doing that is my contention. MR. WHITE: May I ask the respondent questions? CHAIRMAN JOSLIN: Dh-huh. MR. WHITE: The prototype that we have, and hopefully you're familiar with it, does say that it's a contractor referral and handyman connection. It lists probably 12 or so different areas of activity. But at the bottom it also says free estimates. MR. GREEN: Yeah. MR. WHITE: Who provides those? MR. GREEN: The contractors. MR. WHITE: And how do they know what to do? MR. GREEN: A phone call. Yeah, I mean, I can break this down. Face value, I don't believe the statute's been broken, so we can go into detail here. Page 32 OCtO~~21, 200l ~J I have a copy of how it all starts, okay. I haven't done anything yet. Because after this meeting, then I will go, you know, open a bottle of champagne and start working. This works through what happens. The people call me, I take their information, what their problem is, call the contractor, dispatch them. They do their magic. I follow up and get 15 percent for that phone call. They -- I don't collect any money, it's paid to the contractor. I just get a percentage. MR. WHITE: Sir, it's kind oflike a finding fee, or finders fee? MR. GREEN: Yeah. And the guys that I have are licensed, insured, bonded, in good standing. MR. WHITE: So you're essentially offering the services of contractor. MR. GREEN: Yeah, I'm doing the advertising for the contractors, okay? Consolidating -- instead of having an electrician, plumber, heating and air guy, have all those numbers on one little sheet that they put in their closet or whatever, just call Jim. CHAIRMAN JOSLIN: So the bottom line, what you're doing is you're kind of attempting to make a sale for a contractor, whether it be roofing, AC, plumbing, whatever it may be, you're just trying to get that contractor a job. MR. GREEN: Yes. I'm doing the advertising for them essentially, just consolidating all the numbers. CHAIRMAN JOSLIN: Okay. I'm going to read you something real quick, and Mr. Ian -- no, I won't yet. Mr. -- Ian, let me hear what you have to say. I'm going to hear what you found there. MR. JACKSON: For the record, Ian Jackson, Contractor Licensing. On or about July 30th, contractor licensing office received this fax from a licensed plumbing company. I met with Mr. Green, explained what the issue was, gave him an Page 33 161 1 October 21,2009 ~?J option on how to remedy it, and issued the citation based on the state statute attached in your packet. There's -- to be honest, there's not really much more than that. MR. WHITE: Well, do you have an opinion, based on the advertising that's in our packet and your conversation with Mr. Bain (sic) whether in fact he is offering or -- there are attempted sales-- services that require contract licensure? MR. JACKSON: Are you asking me if! believe that he's referring these jobs to contractors? MR. WHITE: No, I'm asking if you believe that he is offering or that there are -- that there is an attempted sale of services that require the corresponding licensure. MR. JACKSON: I do believe that Gentleman Jim, LLC, Carpentry, Heating, Air, going from the advertisement, going from the statute, the attempted sale of contracting services. CHAIRMAN JOSLIN: On what he has on this particular Gentleman Jim's free estimates, I think there's only one, maybe two on here that don't really -- maybe three that don't really require a licensure. The moving, the pressure washing and the lifting, possibly. The rest of them are all tier one contractors, just about, other than small ones. And I'm going to read you something real quick, okay, and then we're going to maybe end this real fast. According to the statute it pretty much clearly states out what you're doing. I can tell what you're doing in your business, you're going out and you're engaging in trying to do attempted sales by hiring or getting leads from people and then going out and trying to locate or giving general contractors or contractors the opportunity to bid on those jobs, correct? MR. GREEN: No. CHAIRMAN JOSLIN: Okay, I'm going to read you the statute. Paragraph six, it says contracting in the State of Florida, in Page 34 Oct!b~ ! 1, 20~9 A) Collier County. It says Collier -- contracting means as exempted (sic) in this part, engaging in business as a contractor and includes but is not limited to performance of any of the acts as set forth in subsection three which defines types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract of these services also constitutes contracting. Therefore, by the statute you are contracting or advertising or contracting possibly without a license. MR. WHITE: And if I could add to that, Mr. Chairman, the sentence that in addition to that to me seems to be the indication that there's a violation that would support the citation. It says if the services offered require licensure or agent qualification, the mere offering, negotiation for bid or attempted sale of these services requires the corresponding licensure. In other words, even the notion of a contractor referral seems to offend this statute. So I will be voting that the citation should stand and would encourage -- MR. GREEN: The word seems and appears, I don't understand. For this type of business -- CHAIRMAN JOSLIN: There is no -- to put it point blank to you, there is no type of business for what you're trying to do. What you're trying to do is be a middleman to set up people with a general contractor, which sounds like a pretty good business. However, to do it you need a general contractor's license. Then you could go and you could have this business because you are a licensed general contractor and you can go and you can bid out other contractors as a subcontractor. But with no license at all and under a handyman's license you can't do that. MR. GREEN: Since this is all brand new territory, would you be willing to maybe perhaps -- because that was a prototype. That is not out in the street anywhere. That came off my computer. I gave it to a friend of mine. So that's -- it's personal property is what that was. Page 35 octo~e~ 2 t 20~ PI 9 CHAIRMAN JOSLIN: All it takes is once. MR. WHITE: The testimony, sir, Mr. Bain (sic), is that it was provided to the staffby a licensed contractor. Now how did they get MR. GREEN: It was taken out of a truck. I gave it to a friend of mine. Just we're talking about things and this, and I gave him a copy of it, saying this is what I'm thinking about doing. His boss, my ex-employer, a little bad blood there, but he somehow got it away from a friend of mine. I don't know how or by what means. It's not out there for -- you know, so if something off your personal computer was just out there on the street somewhere, that you're liable for it? CHAIRMAN JOSLIN: Yes. MR. GREEN: I don't understand. MR. WHITE: Well, that's not the point for me as much as the idea. Because you've said that that's what your intention is. MR. GREEN: Yeah. MR. WHITE: And if I -- the distinction is clear in my mind, that you're trying to say that the service you provide is not the offering of or the attempted sale of contracting services that require a license, it's merely the service of putting you -- putting a client in touch with someone who provides those. MR. GREEN: Consolidating contractors numbers is basically what I've done. And come to one piece of paper, throw the phone book away, you know. Oh, I need an electrician, just call Jim; I need a tile guy, just call Jim. CHAIRMAN JOSLIN: Mr. Lykos? MR. L YKOS: My problem with that concept is that they're calling Jim and not the contractor direct. Okay, the Yellow Pages, which is the place you can go to get information on all the different trades. You call the contractor direct, you don't call the Yellow Pages and then they refer somebody. Page 36 16 I 1 A?:J October 21, 2009 The statute says offering the service. Well, your flier is an offer of those services. And there's one phone number to call for all those services. So it's an offer of those services. MR. WHITE: There may be a judge that sees it differently. And if you're going to go into this business, you may want to get that decided. But for the purposes of what the statute says and what the evidence is from my point of view, I'm prepared to make a motion, unless -- CHAIRMAN JOSLIN: One last-- MR. GREEN: And like I said-- CHAIRMAN JOSLIN: One last comment. Kyle? MR. LANTZ: I'd just like to add something. I understand what you're trying to do. And there's a couple other people in town who are doing that. One is Service Magic, which if you go -- MR. GREEN: Yes, I was going to bring that up. MR. LANTZ: -- on line, if you go to Service Magic, they refer you. If you do an Internet search and say I'm looking for an electrician, Service Magic refers you to Joe Schmo Electric -- MR. GREEN: Exactly. MR. LANTZ: -- Service Magic refers you to Joe Schmo -- every . . , time It s -- MR. GREEN: Yeah. MR. LANTZ: -- Joe Schmo Electric, it's not you're hiring Service Magic. So for them I would say I would agree, they are a referral service. Because as soon as they advertise -- they don't advertise call Service Magic, they say -- MR. GREEN: Yes they do, they go on line to Service -- MR. LANTZ: No, every person has their own phone number. You'll see a hundred different phone numbers. I used to advertise with Service Magic. And they had a southwest creation Service Magic Page 37 16 I 1 A~ October 21,2009 phone number where if somebody called it, it got forwarded right to my line, but it was my phone number. And so for that I would say you're not following in the steps that they're doing, because you're advertising for you, not for the business. And another person that I can see is the local Handyman Connection, which is probably one of your competitors. They have a building contractor's license which allows them to advertise for the other stuff. So just two examples of -- I see where you're going, but I don't think you did your homework to see exactly what they're doing. So for that -- MR. GREEN: No, I didn't know. I'm just out here-- MR. LANTZ: Just giving you examples of -- MR. GREEN: I've been a plumber for 25 years. You know, I'm out in the field. You know, I'm not just a guy that's trying to get in on you guys' action, you know. I just saw a better way to consolidate, that's all, all right? Now, if! amend the prototype to -- I'm a general contractor. You know, as one of my contractors. You know, a plumber, electrician, these are all-- you know, I don't have copies to give you, so -- but I have the -- MR. LANTZ: So if you have the general contractor qualify your business -- MR. GREEN: If I amend that to the prototype. MR. LANTZ: If your business is -- MR. GREEN: Because this is all brand new that I disagree-- MR. LANTZ: You have an LLC -- THE COURT REPORTER: Wait a minute, I need one at a time. CHAIRMAN JOSLIN: One at a time. MR. LANTZ: So you have an LLC, right? Gentleman Jim, if you have a general contractor or plumbing contractor or electric contractor qualify your business, then you're covered. Page 38 16 / I October 21, 2009 A'?J Just because you are using a general contractor, if you're not qualified as a general contractor, you're still acting as one. Now, this is my opinion, but I'm pretty sure that's correct. CHAIRMAN JOSLIN: The general contractor would have to be a part of the corporation, right, or the LLC, in order to make -- the agent would actually be the Gc. He would be maybe the president or vice president or whatever, but he'd have to be someone in the minutes or someone on the -- MR. NEALE: I agree with the board and Mr. White's particular analysis of this. What I would like to do, though, and Mr. Zachary and I had a little side bar on this, is I think because of things like Service Magic we're going to see more and more of this as times are tougher, is potentially do some research on this between now and our next meeting and come back to the board with some opinion on how these systems work and what seems to fit with our ordinance and statute and what doesn't. CHAIRMAN JOSLIN: Okay. You want -- MR. NEALE: But I totally agree with the analysis going forward at this point. CHAIRMAN JOSLIN: Okay. MR. L YKOS: Motion to uphold the citation, Lykos. MR. WHITE: Second, White. CHAIRMAN JOSLIN: I have a motion and a second to uphold Citation 4962. Anymore discussion? MR. WHITE: Just that I'd like to apologize if I had called you Mr. Bain, Mr. Green. MR. GREEN: Accepted. CHAIRMAN JOSLIN: Mr. Green. All of those the favor, signify by saying aye. MR. BOYD: Aye. Page 39 161 1 ft?;J October 21, 2009 MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Is there any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries unanimous. Mr. Green, you're going to have to pay the fine, and I suggest maybe you do a little more homework. And meanwhile, I'm sure that Mr. Neale is going to dig into this also. But I think that the way that the board has kind of dictated you or at least asked you to maybe produce your company that way, I think you'll be farther ahead and without chance of errors and problems. MR. LANTZ: I'd like to just add a question to staff on this one. On the previous case the gentleman had his fliers and he got a citation for painting, for flooring, for roofing, whereas this gentleman was only cited for advertising as a contractor. I'm not saying I want to give him five more citations, I'm just wondering why it's not consistent. Is it two different investigators or are there circumstances that we don't know about? MR. JACKSON: I based my citation on general contracting. General contractor can contract for any trade, but as we know, they're required to subcontract certain trades. So a general contractor could contract for all of those, anything. That's why I issued one. MR. LANTZ: But then how come the previous one was the individual? I'm just looking for consistency, that's all. MR. OSSORIO: Because our -- well, our assumption is that he was a handyman, he was going to do all those trades. So there's a big difference between doing and subbing. So if you're a general contractor, you have that ability to go Page 40 161 1 A? October 21, 2009 ahead and contract and referral. If you are a handyman or if you are advertising, promoting yourself or doing these items, then you're going to get cited for each one of those items. MR. LANTZ: But a general contractor can't advertise for electrical only, only if it's incidental to their work, correct? MR. OSSORIO: I would say that if a general contractor advertised can do electrical work, we would have to catch that general contractor on the site doing electrical work. And we have done that. So just the mere premise this contractor is saying he's going to do electrical work under 489 tells you that he must sub it out. So we have to catch him not subbing out to therefore to be in violation. MR. LANTZ: The only that I'm -- I'm not complaining, I'm just looking for consistency. But I know that there's a statute in the general contractor's clause that says you cannot advertise to do roofing unless you were a general contractor before whatever day they made it roofing license separate from general contractor. So, I mean, I'm not trying to get him more fines or anything like that, I'm just looking for consistency. And if it's up to interpretation, you know, maybe get it consistent all the way around. MR. OSSORIO: It's noted. CHAIRMAN JOSLIN: I think the recommendation Mr. Neale had, he's going to research this and come back maybe with some more topics of conversation maybe at the next meeting so we can clarify this for sure. This is going to come up more -- MR. GREEN: -- you've made a decision on mine, my case, but further discussion in the future. CHAIRMAN JOSLIN: Well, unfortunately you were the one that came before us at the moment, and it's clearcut that you are guilty of the charge. That's the only reason why at this moment. Because you don't have a general contractor's license. Now, it may require one. And this is what Mr. Neale is going to present before us, if that is a correct procedure for -- Page 41 OC!b~r! 1, 219 h 3 MR. NEALE: The way you were advertising with structure, it was clear that you were offering to sell services. So the board's analysis was correct. But is the -- you know, what I'm going to research is, is there a way of structuring these type of referral services that could comply, so CHAIRMAN JOSLIN: Sorry, thank you. MR. L YKOS: We're going to try to make sure that you don't do it wrong, if you let us help you. That's-- MR. GREEN: Yes, yes-- MR. L YKOS: -- what they're working on. MR. GREEN: That's the initial phone call from Mr. Jackson that yeah, guys, I'm helping. CHAIRMAN JOSLIN: You may give it 30 days maybe till next month. And then maybe if you want, come before the -- come in the meeting again and come in here and you'll probably hear us speaking again about this. MR. GREEN: Would that fall under-- CHAIRMAN JOSLIN: And maybe you'll get some more direction. MR. GREEN: -- new business that was started at the beginning of the meeting? CHAIRMAN JOSLIN: Yes, urn-hum. MR. GREEN: Who would I go to? CHAIRMAN JOSLIN: You'd come right here, same place. MR. GREEN: All right, thank you. CHAIRMAN JOSLIN: You're welcome. Next on the agenda is a Roger Boucher. Did I beat that up too bad? MR. BOUCHER: Not bad. CHAIRMAN JOSLIN: Okay, sorry. Be sworn in, please. Page 42 161 1 N3 October 21, 2009 (Mr. Kennette and Mr. Boucher were duly sworn.) CHAIRMAN JOSLIN: Is it Boucher or Boucher? MR. BOUCHER: Boucher. CHAIRMAN JOSLIN: Boucher, okay. I thought so. Mr. Boucher, you have a citation issued to you, No. 4489, for engaging in business; talked to on the phone as an electrical contractor; acting in the capacity of electrical contractor. Do you want to elaborate on what happened? MR. BOUCHER: Well, I guess after hearing the first two situations, this is quite a popular item. So I would like to have clarification as to what it is basically the citation is. This is -- it covers so many areas that -- CHAIRMAN JOSLIN: Yes, it does. Mr. Kennette? Maybe Mr. Kennette can enlighten us some. MR. KENNETTE: For the record, Allen Kennette, Contractor Licensing, Collier County. This citation was issued to Mr. Boucher. His worker was out on Green Tree Drive at Armador Lane, had a light disconnected by the entry and had 25 feet of electrical wire laid out and conduit piping. I asked him what exactly (sic) company he worked for, because they were doing electrical work. He said he worked for Pelican Bay Property Management, Incorporated. In checking the records, it showed that they were just the management company, no electrical license, which a permit would be required to add on electrical service, which they were going to light up the entryway a little more with adding a few lights on the left-hand side. I called the office, talked to the gentleman on the phone, I don't remember his name, as Mr. Boucher wasn't available. And informed him. And he said oh, the gentleman ain't supposed to be doing that, tell him to stop. I said, he's already been stopped. And the job was stopped. Page 43 Octtb~ J 1, 20!9 A? As it was, he reassembled that light back together, and at that time Mr. Boucher called me and I explained to him what was going on out there, that he needed an electrical license and a permit. And a permit was required to add electrical service onto an -- an existing 110 line, due to the fact that maybe it's overloaded, it would overload it and cause a fire at the junction box or back at the source of where it came from. And he didn't think that that was proper, that he could extend it. And I said no, you can't, you need to have an electrician do it. And the citation was given to the worker to bring back to him. And that's where we stand. CHAIRMAN JOSLIN: Did I hear you correctly when you said he had a worker on the job doing this? MR. KENNETTE: Yes, there was a worker van out there, worker out there doing it. The original copies that I had with the photos of the gentleman with the electrical thing got misplaced at our office and we can't -- I could not find that part of it. But I did have photos of the wiring laid out and the light disconnected. The light to the entryway was disconnected, the 110 light. CHAIRMAN JOSLIN: Now do you know the reason? MR. BOUCHER: Yes. I think based on what he was supposed to do and what he's doing, I didn't know anything about the light. Essentially the worker was there to try to save the association some money, so that they were going to just layout the conduit and do the grunt work, if you will, instead of paying $85 an hour -- $25 an hour. And I -- he was not doing any connection of any electrical work. Now, we did not think that this would require a permit because it was a continuation of existing lighting. So if that is different, so be it. But that's essentially what he was doing was just laying out the conduit. And we had another party actually lifting up pavers and putting conduit underneath there to run the wires through. Page 44 161 1 (>(? October 21, 2009 And the electrical contractor who was hired to do the lighting was hired, and he purchased the lights and he did the installation. So that's the only thing we were out there doing purportedly. Now, I don't know anything about the light laying down or anything like that, but that's essentially what the Pelican Bay Property Management -- CHAIRMAN JOSLIN: As a licensed electrician, would you say that running conduit under a paver deck would be part of the installation? Your testimony is the -- MR. BOUCHER: No. CHAIRMAN JOSLIN: -- electrical contractor was going to do the installation. MR. BOUCHER: Right. CHAIRMAN JOSLIN: I would think conduit-- MR. BOUCHER: Well, I guess I'm looking at it from the standpoint of a very pragmatic issue, if you will, that there are certain aspects that did not require technical expertise to lay conduit or pull pavers out and whatever as a by-product of the project. I do split those things up when we do certain work. But, you know, it's -- I don't consider it that it needs expertise of an electrician to lay conduit, dig a ditch and remove pavers and put conduit under the ground. CHAIRMAN JOSLIN: You don't? MR. BOUCHER: No. MR. L YKOS: Motion to uphold the citation, Lykos. MR. HORN: Second, Horn. CHAIRMAN JOSLIN: Motion and second to uphold Citation No. 4489. MR. WHITE: Point of discussion, please. CHAIRMAN JOSLIN: Any discussion please? MR. WHITE: Yes. I'm a little confused on who Mr. Boucher is, and why he's getting the citation. CHAIRMAN JOSLIN: He has (sic) the license holder for Pelican Bay services. Pelican Property Management. Page 45 16 I 1 ~? October 21, 2009 MR. WHITE: So you work for or are -- MR. BOUCHER: Yes. MR. WHITE: -- somehow? And these were your employees that were doing -- MR. BOUCHER: Yes. MR. WHITE: -- these sub-tasks, in your mind? MR. BOUCHER: Yes. MR. WHITE: And you otherwise didn't have an electrician hired that pulled the proper permit for this install? MR. BOUCHER: Yes. MR. WHITE: And that permit was in existence at the time that -- MR. BOUCHER: No, it was not. It was not. MR. WHITE: Okay. CHAIRMAN JOSLIN: Did he have Workmen's Comp insurance MR. BOUCHER: Yes. CHAIRMAN JOSLIN: -- on the persons that were digging the trench? MR. BOUCHER: We'd be more than happy to provide it for you. CHAIRMAN JOSLIN: Okay, I have a motion and a second on the floor. MR. WHITE: I'm just trying to help inform Mr. Boucher as we did the last gentleman in a little -- to some degree that in my mind if you had hired and had a permit pulled by an electrical contractor and that contractor was aware of what the sub-tasks were and was otherwise supervising your employees who were doing some of the, quote, grunt work, unquote, then you might not have found yourself before us with about what is going to occur. MR. BOUCHER: I appreciate that comment, and I think that the bases that we were working under, that the continuation of this lighting project was not new construction, so that's why we didn't Page 46 16 I 1 l\'!J October 21, 2009 think the permit was needed. MR. WHITE: Very good. CHAIRMAN JOSLIN: A motion and a second on the floor still. Any more discussion? (No response.) CHAIRMAN JOSLIN: Call for the vote. All in favor of upholding Citation No. 4489. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Mr. Boucher, I'm sorry that that's the way it is but -- MR. BOUCHER: It is what it is. CHAIRMAN JOSLIN: -- the fine stands. MR. BOUCHER: Don't worry about it. CHAIRMAN JOSLIN: I wouldn't do it again though, please. MR. BOUCHER: I'll do it differently. CHAIRMAN JOSLIN: There you go. Good idea. Let's hope different is right. MR. WHITE: I was trying to help. CHAIRMAN JOSLIN: Okay, we have a Charles S. Miller. Are you present? Would you please come to the podium and be sworn in, please. (Mr. Miller and Mr. Jackson were duly sworn.) CHAIRMAN JOSLIN: Mr. Miller, you were given a citation apparently for -- sorry, you were given three citations. Page 47 161 1 ~? October 21, 2009 MR. MILLER: Three citations, sir. CHAIRMAN JOSLIN: 4970,4971 on August 17th, all the same date, and 4972, unlicensed plumbing, unlicensed electrical and unlicensed cabinet installation. You want to elaborate on what you were doing there? MR. MILLER: I was -- these are friends of mine. I was -- the gentleman asked me if I would come help him raise his vanities, his cabinets, bathroom cabinets, and I didn't do -- I wasn't doing any plumbing or any electric. Everything that was done was done before I -- he knew I had a table saw, and some wood needed to be cut. And we were there that morning. He had left and I was there by myself just trying to help him assist him in raising the cabinets. He wrote a letter, if you care to take a look at it. CHAIRMAN JOSLIN: We'll look at it in one second. Ian Jackson, would you please elaborate on what you found and why these citations were issued. MR. JACKSON: Yes. On August 17th, I observed signs of construction at 2537 King's Lake Boulevard and approached the home where I met with Mr. Miller who did indeed tell me that he was elevating the bathroom vanity, making it higher. I asked Mr. Miller to let me into the bathroom so I could verify whether a building permit was required for this work, and it was not required. There was the removal of electrical fixtures and removal of plumbing fixtures. I talked with Mr. Miller about his licensing. He stated that he had recently received a handyman type business tax receipt. We talked at some length about what the restrictions are with that type of business. I then asked Mr. Miller about the job in the bathroom and if anyone else had been working in there, if there's another arrangement for someone else to come in and reinstall these plumbing fixtures and electrical fixtures, and I was led to believe that through testimony of Page 48 16 I 1 1i~ October 21, 2009 Mr. Miller's that he was going to be reinstalling -- I believe the way it was worded, the existing fixtures were going to be reinstalled. Based on that, the alteration to the vanity is cabinet installation license. The reinstallation of whether they're existing or not, installation of plumbing and electrical fixtures requires a plumbing and electrical contracting license. Unfortunately Mr. Miller has none of these. Based on what I was told in the field through the testimony of Mr. Miller, I issued the three citations. And subsequent to this I did speak with the homeowner and explained to the homeowner how things can proceed, either as the owner/builder himself physically doing it or by the hiring of a licensed contractor to finish the job. MR. MILLER: He did mention -- when he asked, you know, I told him what the homeowner told me, that he was putting them back in. He was doing the electrical work and the plumbing work. All he did was asked me to help him raise the cabinets because I had a saw -- CHAIRMAN JOSLIN: You had a saw. MR. MILLER: -- table saw. It needed to be cut. CHAIRMAN JOSLIN: Did you go physically take the cabinets and unscrew them and -- MR. MILLER: No. CHAIRMAN JOSLIN: -- the plumbing and raise it up? MR. MILLER: No, sir. He disconnected everything. Everything was done. I've got a letter right here. This is from Bob. And he -- CHAIRMAN JOSLIN: Is it a notarized letter? MR. MILLER: No. It's signed. CHAIRMAN JOSLIN: I don't want to see it. MR. MILLER: Okay. All he was -- all I was there to do is to help him assist him in raising the cabinets, because he didn't have a table saw to do it. So I was there to help him. CHAIRMAN JOSLIN: Mr. Jackson, when he was -- Page 49 161 1 A?J October 21, 2009 MR. MILLER: It had nothing to do with the electric or plumbing. I didn't disconnect it and I wasn't going to reconnect it. If he needed -- if I was there to help him set them back on there, I would. CHAIRMAN JOSLIN: Mr. Jackson, when you appeared on the job and you caught this work going on, was he physically doing any of the work at the time? I mean -- MR. JACKSON: Physically altering the cabinetry while I was there. CHAIRMAN JOSLIN: While you were there. MR. JACKSON: Now, did I physically see him installing plumbing and electrical fixtures? No. But based on the testimony given by Mr. Miller while I was on the job site, I felt confident that he was going to be reinstalling those fixtures and had an arrangement or a contract, however you want to word it, with the owner to do so. CHAIRMAN JOSLIN: Okay. Pleasure of the board? MR. WHITE: May I inquire, Mr. Chair? CHAIRMAN JOSLIN: Sure. MR. WHITE: I understood, sir, that you have a friend. Is your friend Bob? MR. MILLER: Yes. MR. WHITE: And is Bob the owner? MR. MILLER: He's the owner of the house, yeah. MR. WHITE: Okay. I just wanted to make sure that was in the record. Question to staff: We're seeing this and you've already heard one of the board members comment about it, multiple citations. Certainly we have a circumstance where we have a handyman who has done work, regardless of what that work is, beyond the scope of his license. And it would seem certainly that's a citation that could have been issued. And I think part of what our challenge here today is if this is going to be a pattern and practice staff is going to follow, is that we're Page 50 OCtO!~l~ 200! A3 going to have to look at very specifically the facts of each one of these citations, starting with the first one we had this morning and working our way forward. The point being, I'd have no problem, based on what the testimony has been so far, that he had done work beyond the scope of his license. When you start to put us in a position where we've got to analyze whether he offended some other series of licenses, then it's going to be for me a higher evidentiary burden for the staff to prove those things. And when I look at it, what I hear is the guy say one thing, and I understand what he understood and thought he'd said about what his intentions were. But it seems to fit together to me that yes, he may have been helping the guy with the cabinet, and that puts me in a position where relative to that citation I'm going to ask him some more questions, if I may, Mr. Chairman. CHAIRMAN JOSLIN: Urn-hum. MR. WHITE: Were you promised anything in exchange for helping Bob? MR. MILLER: No. We talked about nothing. He asked if! had a saw and I said yeah. And he -- I like to do things. And I brought my table saw over there and was cutting the wood and he was called away for a couple hours, for a few hours. And during that time Mr. Jackson showed up. And, you know, I didn't have any problem showing him -- I didn't -- I was working on it with Bob. MR. WHITE: Okay. MR. MILLER: I mean, he wasn't -- MR. WHITE: If! may, I'd like to see the letter. I understand that it's not sworn, but it has some -- MR. NEALE: It certainly has probative benefit. Because thus far everything you've heard as far as the electrical and plumbing contracting is purely hearsay. Page 51 161 1 It, October 21, 2009 CHAIRMAN JOSLIN: Right. MR. NEALE: So therefore one hearsay is equivalent to another hearsay, basically. MR. WHITE: Right. MR. NEALE: And frankly, the letter probably has more probative value than hearsay. While someone didn't see anybody doing any electrical contracting or plumbing but there happened to be electrical outlets disconnected and plumbing disconnected and the guy happened to be standing there. CHAIRMAN JOSLIN: Right. I would think that under the circumstances, I don't think we really need to see the letter at this time, I don't think, unless the board does. But I can -- MR. NEALE: Well, you do have one of the board members who wants to see it. CHAIRMAN JOSLIN: Okay. I can just make a quick comment first. Ifwe have three citations, and physically we're going by Mr. Jackson's knowledge as far as what he saw that was physically there at the job. The plumbing was disconnected and electrical was disconnected, but he didn't actually see him doing those trades. He did see him remove the cabinets. So just a comment could be we could issue a guilt factor on one of the charges, and unfortunately we cannot -- don't have the proof or evidence to justify the other two. MR. WHITE: Mr. Chairman, I'll forego looking at the letter if you allow me to make a motion that says that we would dismiss 4971 for unlicensed electrical, 4972 for unlicensed plumbing, and uphold the citation for 4970, unlicensed cabinet install. CHAIRMAN JOSLIN: Is that a motion? MR. WHITE: That is a motion. MR. BOYD: Second, Boyd. MR. JERULLE: Discussion? CHAIRMAN JOSLIN: Discussion. Page 52 16' 1 A~ October 21, 2009 MR. JERULLE: But what -- I know as a general contractor, Michael, what my responsibilities are when I go onto a job site, so to speak. Let's assume this is a job site. What responsibilities does a handyman have as far as notifying or making sure things are done the right way? MR. OSSORIO: Well, there's no license for handyman, it's a business tax receipt. So we don't really regulate handyman other than what you see in front of you, what he can and cannot do. He can't sub the work out, he can't do the work. Basically the only thing he can do is those items that are specified under his signature that he can't, can or will not do. So I have no problem dismissing those two charges. CHAIRMAN JOSLIN: Mr. Lykos? MR. L YKOS: I think this is going to be a recurring problem for us in the near future till the market gets better. But I have a serious concern with the fact that a handyman occupational tax even exists. Anybody can take the time and invest the resources to get a residential builders license, get a general contractor's license, and then we don't have these misunderstandings, these he said/she said situations. To me the handyman license is a way to get the absolute minimum that you can to get by. And the more times we see handymen that are doing -- I won't say doing -- associated or standing next to somebody else who might be doing plumbing or electrical to me is just an excuse, it's an easy way out. It's an excuse to not put the effort in to get a real license and do the work legitimately. And I will never be in support of the handyman occupational tax and a person that doesn't want to put the effort into getting a license, getting insurance and doing things the right way. This is an excuse for people to do kitchen remodeling, bathroom remodeling, and try to use the gray areas and the laws that exist to get around doing things the right way. You put the homeowner at risk, you put the property at risk, and Page 53 161 1 P\, October 21, 2009 you put us in a position where we're trying to decide who's telling the truth and who isn't telling the truth. And then we get a letter after the fact about a homeowner is going to say what his intentions were? I just don't like any of it. CHAIRMAN JOSLIN: That's why I don't need to see the letter. MR. JERULLE: I agree. CHAIRMAN JOSLIN: Because anyone can say that. I mean, I can have somebody write a letter that's false, I mean, just to save my $300. MR. LANTZ: My opinion is if the homeowner really felt they were responsible, then they'd be standing next to him. CHAIRMAN JOSLIN: Yes, exactly. MR. LANTZ: And I've seen that maybe once and I've seen an awful lot of letters, and I take them with a grain of salt. CHAIRMAN JOSLIN: I think under the situation with what we're doing here with the one citation, I think we're totally correct. The other two we can't really prove, but the one we can. So there's a motion and second on the floor. I'll call for the vote. All those in favor of upholding one of the three citations, which is the cabinet installation citation is found guilty on and the other two citations he's found -- are dismissed. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: So moved. Page 54 16J 11\3 October 21,2009 You understand now, right? One $300 fine for the cabinets -- MR. MILLER: Yes, sir. CHAIRMAN JOSLIN: -- and the other two you got a break on. MR. MILLER: Where do I have to -- CHAIRMAN JOSLIN: You'll go down to Collier County, down to the development services on Horseshoe Drive. MR. MILLER: Horseshoe Drive? CHAIRMAN JOSLIN: Yes. Go into licensing and they'll take care of you. MR. MILLER: All right. Do I have any time? A week, two weeks? CHAIRMAN JOSLIN: Ten days. MR. MILLER: Ten days, okay. Thank you. CHAIRMAN JOSLIN: You're welcome. MR. L YKOS: Michael, before we move on, I want to make sure everybody understands. The reason that you end up with several citations for handyman is a general contractor, if I was doing that bathroom project, I would have a pem1it, I would have a licensed electrician on-site, I would have a licensed plumber on-site. There'd be no question who was doing the work. And if Ian or Michael or somebody else came on-site, well, number one, they'd already know there's a permit on the job, they'd already know who the licensed plumber and electrician were. They wouldn't even have to come on-site to begin with. Anymore handymen come up in front of me, they're guilty. MR. OSSORIO: Well, there's another handyman coming -- no, just kidding. CHAIRMAN JOSLIN: You know, I think some of this problem with handymen is not so much the handymen, but I think it's the handy people out there. I think what they're trying to do is maybe in some way save a dollar, and I'm not real fond of that. I mean, we're here to uphold the citizens of Collier County, but it seems like the citizens of Page 55 161 ~? October 21, 2009 Collier County are just making us fine these people all the time. MR. WHITE: Well, one of the unfortunate aspects, Mr. Chairman, I guess of being the consumer advocate type person on the board is that I see it both ways. And if an owner/builder wants to do those things and the law allows them to and the guy testifies he's not being compensated -- I'm not trying to help people find ways around the law, I'm just saying those are the facts that were put in front of us. CHAIRMAN JOSLIN: Right. MR. WHITE: And I so hopefully by this time could clarify why it is that I -- I agree with Mr. Lykos, I get it. But on the other hand, you know, we're stuck with what we got. CHAIRMAN JOSLIN: We have to change the law then. MR. NEALE: And for the board's reference, I mean, you know, the Florida legislature did see fit to put in the exemption in 489. And so -- CHAIRMAN JOSLIN: Yeah, how dumb was that? MR. NEALE: -- until -- unless and until contractors can convince the Florida legislature to remove the exemption, it's going to be in there. MR. L YKOS: Well, you know what? Go paint a fence, but don't do a bathroom remodel. MR. LANTZ: However, one thing on there was if I go to remodel a bathroom and all I'm doing is changing out a vanity, they won't let me do it without a building permit, plumbing permit and electrical permit. Whereas Ian mentioned earlier that no permit was required. I don't know if that's discrimination because I'm a contractor or if it's an oversightment (sic) by Ian, but that's the way it is. I can't go in and say I want to do this without getting a plumbing permit for it. MR.OSSORlO: Well, I'll just clarify that real quick. If it's a -- we're dealing with three jurisdictions: City of Naples, Marco Island and Collier County. We've spent a million times with Page 56 16 j 1ll? October 21,2009 Bob Dunn, with DSAC over the last two months clarifying what the exemptions are for residential. It's a good tool. As a matter of fact, when it gets approved I want to bring it to you and share it and we'll go over it line by line so we're on the same page, just for informational purposes. But right now if you're just changing out cabinets, like for like, if it's under $750 then doesn't require a building permit on a residential property. It is going to go up to 1,500 in the near future ifit gets approved by the Board of County Commission by the exemptions. So it's a case-by-case. If you were in the City of Marco Island, you probably require a building permit. If you were in Collier County, if you just change out a vanity, it probably wouldn't require a building permit unless it's on a commercial site, then it's totally different. So -- and what I mean commercial, I mean condo, condominium and stuff like that. And the City of Naples is the same way. If you're just changing out a vanity in a single-family home, it doesn't require it unless it's a -- you know, money-wise. So we'll deal with that when the board looks at that in November. I'll bring that paper back and we'll look at the exemptions so we're all on the same page. CHAIRMAN JOSLIN: What if you were doing a cabinet and a toilet, would that be still under the same exemption? MR. OSSORIO: If you're just changing out -- if you are doing flooring in the bathroom and you have to take the -- the plumber comes out and takes out the toilet and takes out the vanity, you redo the tile and the plumber comes in and resets it, I don't think it requires a building permit, no. CHAIRMAN JOSLIN: Wow. What do they consider a renovation? I mean, what is the renovation be start and stop (sic)? MR. L YKOS: Here's what I'll tell you my concern is. Specifically with raising a cabinet, typically -- and Terry and Kyle Page 57 OC!b~r 11, 2~9.kJ could probably back this up. You've got an outlet that's close to the countertop height. So now you raise the cabinet. Now the outlet's got to be moved. And if it's an old building it's probably not a GFI protected outlet. And now that person decides he's going to sell his home and advertise it as a remodeled bathroom. You probably have an outlet that's been relocated not by a licensed plumber -- I mean licensed electrician. It probably isn't a GFI. There's a -- MR. OSSORIO: Well, if you're doing-- MR. L YKOS: -- reason why we're required to pull permits. MR.OSSORIO: If you are doing not -- if you're like for like, if you're changing an outlet and you're moving the outlet, that will hold true, you require an inspection. But if you're just changing out the vanity, taking out the trap, whatever it is, and changing out from a Home Depot style, then a permit wouldn't be required. I don't agree with the whole aspect of the exemptions, and Bob Dunn knows that, some of it. But we heard from DSAC, and it's a good working document. And I'll bring it back to you and we'll look at it. CHAIRMAN JOSLIN: Okay, sounds good. MR. OSSORIO: Okay. MR. NEALE: Break? CHAIRMAN JOSLIN: Okay, let's see. The last person on the agenda -- MR. LYKOS: Break. CHAIRMAN JOSLIN: I'm sorry? MR. NEALE: Break. MR.OSSORIO: If you could just do two things real quick. Todd Grup is not going to be here. We can strike him off. CHAIRMAN JOSLIN: Strike him off. MR. OSSORIO: And if I can just give -- have three minutes of Mr. Sinclair, then we could take a break for 15. Is that okay with the Page 58 o!t~e! 21, ~09 kb court reporter? THE COURT REPORTER: Yes. CHAIRMAN JOSLIN: Also, Mr. Bain, did he ever show up? (No response.) CHAIRMAN JOSLIN: No. You want to strike him off then. Okay, go ahead. MR. OSSORIO: Several months ago we had a -- Mr. Sinclair go in front -- you have it in front of you. He was put on probation and he was ordered to go ahead and provide the county with certain items to keep himself on probation. Unfortunately Mr. Sinclair, we're not able to find him. He is no longer around. I cannot get his information, which required (sic) by the order of the findings of fact. So therefore, I wish to make a motion that he's on probation, that we revoke his Collier County electrical license and let me proceed with the state to revoke his state registration. CHAIRMAN JOSLIN: He hasn't done nothing with the credit application -- MR. OSSORIO: Nothing. CHAIRMAN JOSLIN: -- and what we asked him to do, right? MR. OSSORIO: Nothing. CHAIRMAN JOSLIN: Okay, then I just need a motion. MR. WHITE: Just point of -- so moved, but -- well, let me see if I clearly understand what the desired motion is, is to revoke the current license that's on probation. And are we making a recommendation to CILB? MR. OSSORIO: I don't think -- when he is a state registered contractor, it's not more of a recommendation, it's more of I'll write a letter to the executive director, letting him know that his license certificate has been revoked; therefore, his state registration needs to be the same. I don't know what the process is. It might go to the CLB, it Page 59 16 J 1 ~? October 21, 2009 might be something administrative that the CLB executive does. But that's going to be up to them. MR. WHITE: So the form of the motion would be to -- as to the second part to direct the staff to send an appropriate communication of what our action is to the proper licensing authority. MR. NEALE: Right. MR. OSSORlO: Yes. CHAIRMAN JOSLIN: Yes. MR. NEALE: Yeah. And pursuant, you know, to the order issued, whatever the date of the original order was that his license is revoked, because there was a specific provision as to revocation in that order. MR. WHITE: And the form of the motion, I would assume, either it being read into the record, if approved, will include those kinds of findings of fact as to the specifics. But for the purposes of making the motion, it is to revoke and direct staff. CHAIRMAN JOSLIN: Yes. MR. WHITE: So moved. MR. HORN: Second, Horn. MR. LANTZ: Second, Lantz. CHAIRMAN JOSLIN: Motion and a second. All in favor-- discussion? (No response.) CHAIRMAN JOSLIN: All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? Page 60 16 I 1 A'9 October 21,2009 (No response.) CHAIRMAN JOSLIN: No. Motion carries unanimously. Okay, now we can take a break, right? Okay, it's 10:41. How about till -- 10 minutes, 15 minutes? What do you need? Ten-minute break? Okay, 10 minutes so it would be 10 to 11 :00, please. (Recess.) CHAIRMAN JOSLIN: I'll call to order the Contractor Licensing Board, October 21st meeting. Next item on the agenda are three -- I assume three public hearings. Case No. 2009-11, 2009-12 and 2009-13. Are all the occupants -- I mean, all the respondents present, all three cases? They are all here. MR. OSSORIO: No. CHAIRMAN JOSLIN: I just have a -- I'm sorry? MR. OSSORIO: I believe that Mr. Atchison is not here. Case No. 2009-11. MR. NEALE: Could you call him by name just to make sure that we have it on the record? CHAIRMAN JOSLIN: Okay. Patrick H. Atchison, are you present? (No response.) CHAIRMAN JOSLIN: No. MR. OSSORIO: Do you want to wait and then go down? CHAIRMAN JOSLIN: We'll skip and then we'll come back, in case he shows up. MR. OSSORIO: That's fine. CHAIRMAN JOSLIN: Okay, I have something to read first as far as how these proceedings go. And I'd like all respondents to pay attention just for a moment, please, while I read this to you. This is basically the proceedings of how we conduct these cases. The hearings are conducted pursuant to the procedures set out in Collier County Ordinance No. 90-105, as amended, in the Florida Page 61 161 1 October 21, 2009 1t?J Statutes, Chapter 489. These hearings are quasi judicial in nature. Formal rules of evidence shall not apply. Fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded, but all other evidence of the type commonly relied upon by a reasonably prudent person from the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence, but shall not be sufficient by itself to support findings, unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now, or hereafter may be recognized in civil actions. Any member of the Contractor Licensing Board may question any witness before the board. Each party to the proceedings shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to impeach any witness, regardless of which party called the witness to testify, and to rebut any evidence presented against the party. The chair person or -- myself, or the vice-chairman, Mr. Lykos, shall have all the powers to conduct the proceedings of the hearing in full, fair and impartial manner, and to preserve order and decorum. The general process of the hearing is for the county to present an opening statement where it sets out the charges and in general terms how it intends to prove them. Respondent then makes his or her opening statements, setting out in general terms the defenses to the charges. The county then presents its case in chief, calling witnesses and presenting evidence. The respondent may cross-examine these witnesses. Page 62 161 1 October 21, 2009 A3 Once the county has closed its case in chief, then the respondent puts on his or her defense. They may call witnesses and do all the things described earlier; that is, call and examine witnesses to introduce exhibits, cross-examine witnesses to impeach any witness, regardless of which party called the witnesses to testify, and to rebut any evidence presented against the party. After the respondent's put on his or her case, the county gets to present a rebuttal to the respondent's presentation. When the rebuttal is concluded, then each party gets to present closing statements in which the county gets a second chance to rebut after the respondent's closing argument. The board then closes public hearing and begins deliberations. Prior to beginning deliberations, the attorney for the board will give them in (sic) charge, much like a charge to a jury, setting out the parameters on which they base their discissions. During deliberations the board can ask for additional information and clarification from the parties. The board will then decide two different issues: First whether the respondent is guilty of the offenses charged in the administrative complaint of what will be taken in this matter. If the respondent is found guilty, then the board must decide the sanctions to be imposed. The board attorney at this point will advise the board the sanctions which may be imposed and the factors to consider. The board will discuss sanctions and take a vote on those. After the two matters are decided, the chair, or in absence the vice chair, will read a summary to the order to be issued by the board. This summary will set out basic outline of the order, but will not be exactly the same language as the final order. The final order will include full details required under state law and procedures. Everyone kind of understands where we're going here with this? Okay, I'll make one quick comment before we start the first case. We've been asked by the person that carries on the video that Page 63 16 I 1 ~? October 21, 2009 being very unfamiliar with all the faces and the voices here, if as we're getting into the conversations and the questionings, if each one of the board members would please raise their hand, that way the camera can zoom in on your conversations and we can be physically seen on television. As you all know, we are on TV. So okay, with that said, is that by chance Mr. Atchison? MEMBER OF THE AUDIENCE: No, sir. CHAIRMAN JOSLIN: No, okay. Then I'm going to go to the next case. Case No. 2009-12. License number is 12053. Alva Lee Porter, are you present? MR. PORTER: Yes. CHAIRMAN JOSLIN: Could you please come to the podium and be sworn in, please. (Mr. Jackson, Mr. Porter and Mr. Ketis were duly sworn.) THE COURT REPORTER: Your name is? MR. KETIS: James Ketis. THE COURT REPORTER: Could you spell it, please. MR. KETIS: K-E-T-I-S. CHAIRMAN JOSLIN: Mr. Porter, you have an administrative complaint that was filed against you regarding a -- contracting to do any work outside the scope of his or her competency as listed on your competency card and as defined as ordinance or as restricted by the Contractors Licensing Board. Are you aware of the count? MR. PORTER: Yes. CHAIRMAN JOSLIN: Okay. I'll open it up with Mr. Jackson. Are you going to present this? MR. JACKSON: Yes. CHAIRMAN JOSLIN: If you would, give your opening statements, please. MR. JACKSON: My opening statement? On August 25th of this year I received a call from a structural inspector employed by the City of Marco Island, Kim Ferris, Page 64 16' 1 NJ; October 21, 2009 regarding unpermitted concrete restoration being performed at 901 South Collier Boulevard. It is a commercial building, four-story; stilted on the ground floor and three finished stories there, four-story building. The county will show evidence that the work being performed on this structure is out of the scope of a painting contractor. General contractor would be required for the permitting. General contractor or concrete contractor would have to physically do the work that was being performed by employees of Mr. Porter. CHAIRMAN JOSLIN: Okay. Mr. Porter, would you like to give an opening statement to us, please. MR. PORTER: Yes, we had -- Mr. Jackson is absolutely right about everything he's saying there. We're not really here to dispute the charges. I would like to say, we've been in business 37 years. We've had a great track record in Collier County. There were extenuating circumstances with this building was why our normal protocol was not followed. And Jim Ketis is my business partner, he's in charge of Collier County. And I'll let Jim go ahead and explain why this -- MR. KETIS: Well, basically what-- CHAIRMAN JOSLIN: Just for the record, what is your name again? MR. KETIS: James Ketis. CHAIRMAN JOSLIN: Okay. MR. KETIS: And basically my standing on this is we had a painting contract for the building, including that was to remove spray crete off all the walkways, which does fall within our license. My guys started the project middle of August, removing the spray crete. Unfortunately I had a death in the family. I went to Europe. They called me in Europe, told me that when they were removing the Page 65 161 1 {Yl;J October 21, 2009 spray crete there was spalling areas that was coming up with it from rebar corrosion. My direction to them, which understandably now were wrong, were just take off whatever comes off and keep going till I get there. And once we get there we'll follow the protocol which is we'll get the board to decide on an engineer and then we'll bring in a GC to take care of the spalls and we can continue on with the painting. We didn't put anything back. All we did was remove areas that were spalling. I understand that's not part of it. But at that point I'm thinking just open everything up and then when I get back we'll get an engineer like we do on every other building down here and then we'll get the GC to fix it so we can continue on. CHAIRMAN JOSLIN: What kind of tools were you using when you were removing it? MR. KETIS: I was using chipping hammers with the -- to remove the spray crete, I was using a six-inch chisel on it, trying to get it off. And unfortunately the spray crete, all the areas that were spalling were attached to the spray crete. When the spray crete was coming up was affecting the open areas. But I did tell them, clean up the areas till further discussion till I get back. CHAIRMAN JOSLIN: Okay. Mr. Jackson, you want to continue with your presentation of the case? MR. JACKSON: Certainly. I think by the testimony of Mr. Porter that we had just heard, I think he -- I think he admitted to the violation. A general contractor is required for a building permit. Only a general contractor can get that permit because of the height of the building and the structural aspects of the work. A painting contractor certainly may -- if spray crete is part of the process to prepare the building for painting, that very well may be. But we did get down into Page 66 octo~~ 2 t 20~ It, the structural aspects of those elevated decks. MR. OSSORIO: Mr. Chairman, the county rests its case. We're not going to present any more evidence other than what's in the packet. MR. ZACHARY: Mr. Chairman, we need to admit the packet into evidence. CHAIRMAN JOSLIN: Right. I need a motion to enter Case No. 2009-12 into evidence. MR. LANTZ: So moved, Lantz. MR. JERULLE: Second, Jerulle. CHAIRMAN JOSLIN: Motion and a second. All in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Pleasure of the board? Questions? MR. WHITE: If! may, Mr. Chairman? One of the statements in the summary, Mr. Jackson, is in the last paragraph that there had been a same violation in May of 2007. And that seems to be the reason why this case is brought to our board. Two parts question. What proof do you have other than what you've told us in the summary of what that violation precisely was? And help me to understand why the second violation is what brings it here as an administrative complaint. I probably should know the answer to the second one, but -- Page 67 16 I 1 A"J October 21, 2009 MR. OSSORIO: I'll answer that second question, because that's not Ian Jackson's duty. Under the code, it explicitly says that the contractor licensing supervisor shall do the investigation to determine if an administrative complaint is warranted. I look at that, I look at the evidence, I look at the priors, and I also look at the wave of who's complaining and if there's any restitution or there's any financial harm. And that's how I determine what cases are brought before the licensing board. Other than that, it is my jurisdiction and my responsibility to do so, not the board's. MR. WHITE: Okay. Can either of you respond to the first part of the question about what May, 2007 was all about? MR. OSSORIO: Ian can tell you that. MR. JACKSON: That was my case as well. I believe they had a painting contract. At a minimum I think it was a four-story building where they were refurbishing engineered elevated concrete decks, where I cited them for unlicensed concrete or unlicensed general contracting and commencing work with no building permit. And they were cited at that time because A, it was their first offense, and B, there was no financial harm to a homeowner or a customer of theirs. Obviously when there's an identical violation on an adjacent property, I was left no choice but to schedule this meeting, per Michael Ossorio. MR. OSSORIO: There are two issues: One is the -- there were two cases: One for working without a license that was done in-house by administrative. And two, we conducted the investigation, we issued a verbal warning, reprimand to this contractor not to work outside the scope of his or her license. So there were two issues: One is unlicensed, but we took care of, administrative in our office, that was paid. And two, we issued a verbal warning about working outside the scope of his or her license. Page 68 1~ I' .A?J Octo~r 21, 2~09 MR. WHITE: My point of my two questions was to get at whether the mention of the same violation was intended to justify bringing the case to the CLB or it was also potentially being mentioned for the purposes that it might be an aggravating factor in any penalty that would be imposed. So I'm just trying to understand what kind of brought us here today. MR. OSSORIO: That information is just for informational purposes only . You may do whatever you wish with that statement. That is not an aggregated issue to me. The aggregated issue is the City of Marco Island is pretty upset and they want action taken. So they were the person that actually made the initial complaint and we upheld the administrative aspect of it and bring it to the licensing board, so that's why we're here today. MR. WHITE: If I may of the respondent, and then I'm hopefully done. CHAIRMAN JOSLIN: That's okay, go ahead. MR. WHITE: What floor of the structure were you doing the work on? Four decks, I understand? MR. KETIS: Four floors, correct. MR. WHITE: All four? MR. KETIS: To an extent. I mean, some of them more than others. We had to remove all the spray crete on all the walkways. MR. WHITE: Got it. MR. KETIS: That's how we started. MR. WHITE: And as far as the May of2007, do you have any information about that, or should I -- MR. KETIS: That was a deck of the building called the Essex. It was a four-story. They removed all the screen cages, the contractor, had us come in there and apply waterproofing membrane on the decks. And that's what we did. And we found one spalling area that was 16 inches by two coming down that we covered up, and that's when we came in. That was one of my ex-competitors, ex-employers that Page 69 octlpA, 201 If? actually was the informant on that one. But that's what that was. MR. WHITE: What I'm trying to get at, sir, is there's two ways of seeing this: One is that that is what led you to understand the May event of 2007. MR. KETIS: Right. MR. WHITE: Of what would be required now. And I understand the exigent circumstances of being out of the country, et cetera, et cetera. And I appreciate you being here essentially saying you're not contesting it. What I'm kind of looking down the pipeline here is where's strike three? MR. PORTER: Well, if! could answer that. MR. WHITE: And I'm not trying to talk about speculative stuff, I'm just saying, once, twice. MR. KETIS: Well, and also, this particular time, the second time, there was no purpose meaning to it as far as me doing anything intentionally. Okay, me removing spalling areas, concrete that's coming off the spray crete, I just assumed -- and it's a wrong thing to say assumed -- that just keep going, removing the spray crete, whatever comes off, when it comes off then we go our merry way. THE COURT REPORTER: Mr. Ketis, would you slow down? MR. KETIS: Oh, I'm sorry. THE COURT REPORTER: And please get on the microphone. MR. KETIS: I'm sorry. Sorry about that. So it was no intention there. And my assumption was as long as the concrete that was already spalling was coming out, we can go ahead and remove that and not fill anything in, not touch rebars, not cut rebars until we get an engineer in here with a licensed GC to do the work so we can continue on with the painting. MR. WHITE: Well, let me just kind of point out to you that what a painting contractor talks about doing, using spray equipment as well as hand tools to finish both exterior and interior work, sandblasting, Page 70 161 1 October 21, 2009 A?J waterproofing and may clean and paint roofs. So there's a pretty bright line on what it is that is permissible, even in the removing of spray crete. And so I'm encouraging you that if they're going to be using these kind of power tools, you're crossing the line. MR. KETIS: Okay. CHAIRMAN JOSLIN: Well, let's just say one quick thing. Mr. Julie (sic). Let Mr. Julie speak, please. MR. JERULLE: When I first saw the photos, it appears that you're also, besides using a chipping hammer, you're using a saw? MR. KETIS: Right. MR. JERULLE: So you're taking more off than what is just coming up with the chipping hammer. MR. KETIS: Well, we're squaring up the areas that were coming up -- MR. JERULLE: You're using a saw to cut concrete. MR. KETIS: Correct. MR. JERULLE: Did you shore the platforms below? MR. KETIS: Yes. MR. JERULLE: Okay. So you shored the floor below the floor that you were working on. MR. KETIS: All three floors. MR. JERULLE: There again, you wouldn't normally do that if you were just taking off what is coming off. MR. KETIS: Right, right. MR. JERULLE: Understand what I'm saying? MR. KETIS: I understand what you're-- MR. JERULLE: This is premeditated in a sense that you knew to shore the floors because you're cutting structural -- MR. KETIS: No, no, I've got to reinstate (sic) that, okay? The floors are shored now okay, due to engineer's specifications. MR. JERULLE: So they weren't at the time. Page 71 16 J 1 October 21, 2009 ~3 MR. KETIS: No, they were not. MR. JERULLE: Okay. Well, then that brings up a separate Issue -- MR. KETIS: Okay. MR. JERULLE: -- that you didn't know what you were doing. MR. KETIS: Right. MR. JERULLE: And all the more reason why that you should be here is that you're cutting a structural deck and you're putting people's lives in danger by doing so and not shoring up the concrete. MR. PORTER: If! could add one thing to that. The earlier incident we pretty much got a good knowledge of what we are to do and are not to do. What we haven't mentioned was Jim called me because he said, I've got to go out oftown, my father's dying, I don't know how long we'll be gone. I said, I can come in, take over of everything. He says, don't worry about it, I can keep in touch with everybody by phone, the guys know what to do, so on, so forth. He gets the call in Greece. The last conversation he had with our foreman, everything's coming up. We didn't realize that the guys were going ahead and taking it upon themselves to go ahead and square it up and do the different things, because they're used to engineers coming in, doing the things. They didn't have -- they didn't follow protocol. In the meantimes, he's in the mountains, cell phone quits working -- MR. JERULLE: I understand that. But I don't accept it. I understand it but I don't accept it. It is your job as the owner of this company to be aware of what your workers are doing. Especially if your workers are putting other lives in danger. And that's what they're doing by cutting structural concrete decks on four floors without shoring it. CHAIRMAN JOSLIN: Kyle, would you like to speak? MR. LANTZ: I just have two things: One, I think you probably Page 72 16 i 1 October 21, 2009 A'? know what you're doing, and I would recommend just get a general contractor's license and you won't be here again. And my next question is to Michael, I guess, is what's the staff recommend for this? MR. L YKOS: We're not there yet. MR. NEALE: We're not to that point. CHAIRMAN JOSLIN: We're not to that point yet. MR. NEALE: Because there's been no finding of any liability. CHAIRMAN JOSLIN: Through your own testimony, I'm getting the picture that you're admitting that you are guilty of the offense. MR. KETIS: Oh, yes. CHAIRMAN JOSLIN: Which -- you are Mr. Porter? You are the license holder? MR. PORTER: Yes. CHAIRMAN JOSLIN: And you are what capacity in the company? MR. KETIS: Vice president. CHAIRMAN JOSLIN: Vice president. MR. KETIS: Correct. CHAIRMAN JOSLIN: But Mr. Porter, you hold the license? MR. PORTER: Yes. CHAIRMAN JOSLIN: Just one quick question for you then. When Mr. Ketis had to leave town, and normally I assume this -- those types of responsibilities -- supervisor call them superintendents, call them vice president, call them -- when he left town, did you realize that the burden now falls totally on you because of your license and because you are the license holder? MR. PORTER: Well, with-- CHAIRMAN JOSLIN: Not to say because you call your vice president and say well, I can get this handled over the phone, don't worry about it. That's your first concern that you should have had. You should have been very worried about it because it is your license Page 73 161 1 October 21, 2009 .f\?J and your job. MR. PORTER: Well, I really wasn't that aware of the scope of the work they were doing on that particular -- CHAIRMAN JOSLIN: Why not? MR. PORTER: -- or I would have came down. CHAIRMAN JOSLIN: Why weren't you aware of that? MR. PORTER: Well, Jim's full partner in the business. He takes care of the -- he don't give me every detail of every job. CHAIRMAN JOSLIN: I'm not going to buy that. MR. KETIS: You're in Indiana. MR. PORTER: I'm in Indiana. CHAIRMAN JOSLIN: You're in Indiana. MR. PORTER: I'm in Indiana. CHAIRMAN JOSLIN: So neither one of you are at the job site. MR. KETIS: No, I'm here. MR. PORTER: That's what I'm saying when he-- CHAIRMAN JOSLIN: Who went to Greece? MR. PORTER: When he said he had-- MR. KETIS: Oh, I went to Greece, yes. MR. PORTER: -- to go to Greece, he calls me. I said, I'll come down. He said he didn't think it was necessary, the guys knew what to do. CHAIRMAN JOSLIN: So ifhe went to Greece and you're in Indiana, so there's nobody at the job, correct? MR. PORTER: Well, we've got n MR. KETIS: We had a superintendent-- MR. PORTER: We've got the same superintendents we've had for 15 years. And between the communication on the phone, we felt it would be okay, but we were mistaken. CHAIRMAN JOSLIN: Okay. Any other questions from the board? (No response.) Page 74 16i 1 A? October 21, 2009 CHAIRMAN JOSLIN: County rests its case. Any other respondents, any other rebuttals to anything that's been said? (No response.) CHAIRMAN JOSLIN: No. Okay, then I think we've pretty much got this one. Any further questions from the board members? (No response.) CHAIRMAN JOSLIN: I'm going to ask for a motion. Give your closing statements, Ian? MR. JACKSON: No, the county will rest. I'll be available for questions if anyone has them, though. CHAIRMAN JOSLIN: I don't see a reason -- I don't see any questions on the board coming up so I don't -- MR. JERULLE: No, I have a question. I'm sorry, Ian. The -- he mentioned -- I'm sorry, Mr. Kennette? MR. KETIS: Ketis. MR. JERULLE: Ketis, I'm sorry. Mentioned that the project is shored now. Have you been back to the project? MR. JACKSON: I have not. CHAIRMAN JOSLIN: Is it completed? MR. KETIS: No, there's an engineer on-site now doing weekly inspections, and they have a GC doing all the spallings and -- CHAIRMAN JOSLIN: I assume then the building has still not been painted? MR. KETIS: No, it hasn't. We're actually in the middle process right now doing the front of it. Because there's no -- nothing in the front. The work was all in the back. CHAIRMAN JOSLIN: Does this size project require a permit? MR. KETIS: Permits have been pulled. CHAIRMAN JOSLIN: Permits have been pulled? MR. KETIS: Oh, yeah. Page 75 16 I 1 A3 October 21, 2009 CHAIRMAN JOSLIN: Any other closing statements from you? (No response.) CHAIRMAN JOSLIN: Nothing. Okay, I'll ask for a motion and we'll close the public hearing. MR. L YKOS: Motion to close the hearing, Lykos. MR. WHITE: Second, White. CHAIRMAN JOSLIN: Motion to close the public hearing, a motion and a second. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Okay, if you would like you can sit down for a moment, we're going to deliberate here and corne up with our findings here. MR. NEALE: Let me just -- CHAIRMAN JOSLIN: Mr. Neale? MR. NEALE: Yeah, what I'll do today, because we have two cases back-to-back, is essentially I'll just do this the one time and if the board has any questions after the subsequent case, certainly please ask it. But in the case of -- for the interest of expediting the process today, I'll do that. The board shall ascertain in its deliberations that fundamental fairness and due process were afforded to the respondent in this and all the cases. However, pursuant to Section 22-202.0.5 of the Collier County Ordinance, the formal Rules of Evidence as set out in Florida Statutes do not apply. Page 76 octo~e~ 2 t 201 A 3 The board shall consider solely evidence presented at this hearing in consideration of the matter. The board shall exclude from its deliberations irrelevant, immaterial and cumulative testimony and shall admit and consider all other evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their affairs. As noted previously in other cases, hearsay may be used to explain or supplement any other evidence, but hearsay by itself is not sufficient to support a finding in this or any other case unless admissible over objection in civil court. The standard of proof in this case in particular and both cases being heard today where the respondent may lose his or her privileges to practice his or her profession is that the evidence presented by the complainant must prove the complainant's case in a clear and convincing manner. This burden of proof on the complainant is a larger burden than the preponderance of evidence case set out as a standard in normal civil cases. The standard in evidence are to be weighed solely as to the charges set out in the complaint, is Ordinance Section 4.1.2 in both cases, which is contracting to do any work outside the scope of his or her competency as listed on his or her competency card and as defined in this ordinance or as restricted by the Contractors Licensing Board. In order to support a finding that the respondent is in violation, the board must find facts to show that the violations were actually committed by the respondent. The facts must also show to a clear and convincing standard the legal conclusion that the respondent was in violation of the relevant sections of the Collier County ordinance. These charges are the only one (sic) that the board may decide upon, as these are the only ones that the respondent has had the opportunity to prepare a defense. Any damages rewarded must be directly related to those charges, any fines imposed and so forth. It may not be for matters not related. The decision made by this board shall be stated orally at this Page 77 16 j 1 t\ October 21, 2009 1i? hearing and is effective upon being read by the board. The respondent, if found in violation, has certain appeal rights to this board, the courts and the State Construction Industry Licensing Board, as set out in the statute in Florida Statutes and Rules. If the board is unable to immediately issue a decision after the hearing because of questions of law or other matters of such a nature that a decision may not be made at this hearing, the board may withhold its decision until a subsequent meeting. The board shall vote upon the evidence presented on all areas, and if it finds the respondent in violation, shall adopt the administrative complaint. The board shall also make findings of fact and conclusions of law in support of the charges set out in the administrative complaint. Please go ahead with your deliberations. CHAIRMAN JOSLIN: Okay. What do you think, guys? Mr. Julie (sic). MR. JERULLE: Well, I'd like to say that, I don't know, to the non-contractors on the board and to the contractors on the board that haven't built a four-story building that I look at these pictures and I cringe. There should be no one in this building when this work is going on. And for it not to be shored is a life safety issue. For the building inspector to raise this alarm so to speak and stop them is absolutely correct. And for this to be done is -- I'm outraged. I'm outraged. For this work to be done without it being shored up is a life safety issue. And I just don't know that this person should ever work in this county again. I don't know whether he should or not, I'm just raising the point, that cutting this much concrete out from a deck is unbelievable. It's a composite system. It's what holds up the building. And you're just cutting it away. CHAIRMAN JOSLIN: If the fourth floor would have by some un stroke of luck collapsed, it probably would have taken out the other two. Page 78 16 i 1 October 21, 2009 A?J MR. JERULLE: Well, ifhe's done it on all four floors, I'd be more worried about the floor underneath where all the weight is. I'm very concerned. CHAIRMAN JOSLIN: I'm totally in agreement with that statement, for sure. MR. L YKOS: Well, the first thing we have to do is determine guilt. And the respondent has already acknowledged that. So I'll make a motion that we find the respondent guilty of Count 1. CHAIRMAN JOSLIN: I have a motion. Do I have a second? (No response.) CHAIRMAN JOSLIN: I'll second the motion. Motion and second. Any discussion on the motion? (No response.) CHAIRMAN JOSLIN: All in favor of the motion, signify by saymg aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. MR. NEALE: Since the board found the respondent in violation, the board shall consider and order sanctions under the parameters set out in Collier County ordinance and in Florida Statutes. The sanctions which may be imposed include: The revocation of the Certificate of Competency; suspension of the Certificate of Competency; denial of issuance or renewal of Certificate of Page 79 161 1 October 21, 2009 1\3 Competency; a probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the Contractor Licensing Board; and/or participation in a duly accredited program of continuing education; probation may be revoked for cause by the board at a hearing noticed to consider said purpose; the board may order restitution; the board may impose a fine not to exceed $10,000 per violation; they may issue a public reprimand; they may impose a reexamination requirement; may deny the issuance of permits or require issuance of permits with conditions; and they may charge reasonable legal and investigative costs. In imposing these sanctions the board shall consider five elements: One, the gravity of the violation; two, the impact of the violation; three, any actions taken by the violator to correct said violation; any previous violations committed; and any other evidence presented at the hearing by the parties relevant as to the sanction that is appropriate for the case, given its nature. Board also shall issue a recommend penalty to the State Construction Industry Licensing Board. That penalty may include a recommendation of no further action, a recommendation of suspension, revocation or restriction of the registration, or a fine to be levied by the state board. CHAIRMAN JOSLIN: Okay, something that I need to read to you? MR. NEALE: No. MR. L YKOS: Not yet. CHAIRMAN JOSLIN: Not yet? Found guilty? MR. NEALE: No. MR. L YKOS: Terry, I've never built a four-story building, so I'm relying on your expertise on this one. MR. JERULLE: Well, as I said, without studying the plans or visiting the site, I mean, just looking at these pictures and the fact that Page 80 octote~21, 20~ A'>J the building is shored now and the fact that the building does have a structural engineer there overseeing the repairs, and the fact that they admitted guilt and the fact that they've done this work, and it's no small amount of work that they've done. If you look at the pictures, you can see that there's concrete saws along with chipping around all of the rebar. This didn't come up by chipping up spray crete -- CHAIRMAN JOSLIN: No. MR. JERULLE: -- at all. This is a concerted effort to remove structural concrete, okay, by an unlicensed contractor in this regard. And without a structural engineer and without having the floor shored or re-shored. This is to me a -- I would not take this very lightly. This is a serious offense. I would never allow my people or my subcontractors to be on these floors during this circumstance without it being shored up. MR. L YKOS: I can tell the rest of the board, in the work that I do I have come across projects where we expose structural damage, and we stopped immediately, cleaned up the job site and brought an engineer in before we did anymore work. Because what you don't know is and what you think you're doing is preparing the site for something, you could cause more damage in what you think you're preparing for, because you're not an expert at that work. So I don't know the extent of the construction that Terry does on four-story construction, but I do know that the way it was handled was inappropriate. They come across something that's outside the scope of their expertise, you stop immediately, you clean up the job site. Doesn't matter if there isn't anybody around that can supervise the work, you stop and you back off and you bring in the experts. And that's not what was done. And the fact that they went through it previously? And Page 81 16 I 1 A3 October 21,2009 fortunately it was a small area and there should have been some protocol within this company that if we ever chip up spray crete and we get down into the deck and expose rebar, everybody stop, everybody get off the job, get an engineer on site immediately. As a matter of fact, I'm surprised that a company like this doesn't even have an engineer that they can call immediately because of the kind of work that they do. That they don't have an engineer that they're associated with that they call immediately when a situation like this arises so they've got some guidance, they go to the board of directors for the condo association, they go to the building department, they have an engineer and they're proactive about it. In this case, I'm going to go out on a limb here, I would expect that they were probably going to continue on with the work if they hadn't been stopped. CHAIRMAN JOSLIN: Oh, yes, there's no doubt about that. I mean, that was pretty much clearcut. I mean, if there wouldn't have been someone to stop that job, it may be done by now and covered it. I have to agree with Terry, it's totally -- I mean, this is a very serious offense. I mean, let's just I guess praise the Lord that nothing did happen there. But if it did, it could have been a real serious situation. And I just make sure -- we want to make a point here of letting this company know that this is not going to -- that's not going to work with the board at all. Is there any pleasure of the board as far as any ideas? Or what's the recommendation of staff? MR. JACKSON: The county's recommendation is a probationary period of 12 months, $10,000 fine and $1,000 investigative costs, both of which to be paid within 30 days. CHAIRMAN JOSLIN: And ifit's not paid within 30 days? MR. JACKSON: Revocation of the license. MR. WHITE: Mr. Chairman? Page 82 161 1 It October 21, 2009 '? CHAIRMAN JOSLIN: Yes, sir, Mr. White. MR. WHITE: As much as I think a fine communicates outrage, what I'm concerned about is the period of time that these folks are essentially on a leash. And notwithstanding the staffs recommendation, I'd like to see the probationary period be the maximum of two years, and I'd consider reducing the fine to maybe 5,000. But one of the conditions I think in that probation -- and I understand it's supervised by contractor licensing -- but I would want a specific condition in our order that for all jobs in Collier County, municipalities and unincorporated, that the county would be notified of all the jobs that they're working on so that they could be aware of what they're doing and monitor their performance for at least the next 24 months. Like I said, it's the third strike out there that we may not be so fortunate that someone isn't harmed. I understand that they may have not operated within the realm of their protocols. And I think a $5,000 fine communicates that as effectively as the maximum. In my mind exchanging that for 24 months of supervision. And lastly, as to the recommendation to Contractor Licensing at the state, I would think any fine that they would think appropriate could be added on as well. CHAIRMAN JOSLIN: This I believe is just a county license here, or is it a commercial? This is the county license, right? MR. JACKSON: (Nods head affirmatively.) CHAIRMAN JOSLIN: So it doesn't go to the state, other than registered. MR. WHITE: Going by what Mr. Neale had informed us of. But if that's part of it, then I'd make that as part of the motion is that the recommendation would be that any fines that they felt would be appropriate should be imposed without any specific recommendation from us. Page 83 161 1 A1:J October 21, 2009 CHAIRMAN JOSLIN: I'm in agreement with everything that you've said other than I think that under the circumstances and the severity of this case, I think the $10,000 fine is definitely in line. I don't think it's enough, quite honestly. That's my opinion. And the two-year probation. And naturally under the supervision of the staff. Mr. Julie (sic)? MR. JERULLE: I agree with you. In my mind I'm still-- you know, one of the things that we have to be very careful about is taking away somebody's ability to work. And when you talk about taking away somebody's license, that's a big deal. But in my mind in this case I'm still thinking about it. So I'm not -- I'm not saying I'm there yet, but I don't know that I would want to reduce the fine. But I think it's a very good idea about continuing the probation period for two years. I like that idea. CHAIRMAN JOSLIN: There is no testing involved, is there, for painting? MR. OSSORIO: Yes, it's a very hard test, actually. It's one of the harder ones to take. To be a licensed painter you have to take a trades test and you have to take a business procedure test. But I don't think in nature of the severity and how long he's been in business, I don't -- testing would be something that's probably not adequate at this time. It's a waste. But I do recommend 24 months probation. But I kind of -- if you're going to have the gentleman call me every time he goes to a job site, I wish it was just for a commercial site -- CHAIRMAN JOSLIN: Right. MR. OSSORIO: -- versus residential. CHAIRMAN JOSLIN: Well-- MR. OSSORIO: Something that, you know, ifhe's going to paint somebody's house, you know, I don't have -- I'm too busy forthat, so is Ian. Page 84 16 , 1 .(1;; October 21, 2009 So if it's going to be a commercial site -- CHAIRMAN JOSLIN: Right. MR. OSSORIO: -- then maybe if that's the board's decision, we can proceed with that. CHAIRMAN JOSLIN: I would definitely go along with that as far as commercial units goes. You can't go and check every residential house. I mean, obviously he could do some concrete work on a residential house also; however, it's not as detrimental as a four-story building, or a 20-story building. MR. WHITE: Mr. Chairman, I'd amend my motion to $10,000 and to notification of all commercial structure jobs. MR. LANTZ: I'm just curious that if staff is going to go and visit all these jobs, are they going to get reimbursed for the admin. time for it? MR. OSSORIO: Well, I don't think -- we have done this in the past, the board has elected. It's not actually we're going to go out there and visit the site. It's more of having the contractor call us and let us know and give us the option to go out. We've had a company in the past, a concrete company that was very similar to this nature, and we would go out one out ofthree times. And that's not a burden, due to the fact that we have four investigators out in the field anyway. So that doesn't concern me. CHAIRMAN JOSLIN: I have a motion. MR. L YKOS: Mr. White, was that a formal motion that you made? MR. WHITE: Yes, motion was to -- 24 months probation, staff be notified of all commercial painting jobs, and a fine of $1 0,000 paid within -- 30 days, was it, Mr. Jackson? MR. JACKSON: Correct, 30 days. MR. WHITE: And ifnot, both the fine of 10,000 and the costs for prosecution of 1,000, paid within that 30 days, the license would be revoked and that a letter from the board go to contractor licensing Page 85 16 j 1 A, October 21, 2009 at the state. MR. NEALE: It's included in the order when submitted to the state, so -- MR. WHITE: With a recommendation of any fine that they feel may be appropriate. CHAIRMAN JOSLIN: Being a county contractor, there is no license to the state other than registration. MR. NEALE: Uh-huh. CHAIRMAN JOSLIN: Right? MR. NEALE: Yeah, but we still -- it would still be transmitted. If he's registered with the state, it would still be -- CHAIRMAN JOSLIN: Right, so they're noticed. MR. NEALE: Yeah. CHAIRMAN JOSLIN: Okay. MR. L YKOS: Second, Lykos. CHAIRMAN JOSLIN: We got a second from Mr. Lykos. A motion and a second. Any further discussion? (No response.) CHAIRMAN JOSLIN: Call for the vote. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries unanimous. In the Case No. 2009-12, this cause came on or before public Page 86 161 1 A? October 21, 2009 hearing before Contractor Licensing Board on -- what is today? MR. NEALE: 21st. CHAIRMAN JOSLIN: October 21st -- for consideration of the administrative complaint filed against Alva Lee Porter, d/b/a Al Porter Commercial Painting, Inc. License No.2 -- I'm sorry, License No. 12053. Service of the complaint was made in accordance with Collier County Ordinance 90-105, as amended. The board, having at this hearing heard testimony under oath, received evidence and heard arguments respective to all appropriate matters, thereupon issues its finding of fact, conclusions law and order of the board as follows: That Alvin Lee Porter, d/b/a Al Porter Commercial Painting, Inc., is the holder of record of License No. 12053; that the Board of County Commissioners of Collier County, Florida is the complainant in this matter; that the board has jurisdiction of the person of respondent; and that Alvin Lee Porter d/b/a Al Porter Commercial Painting, Inc. was present at the public hearing and was not represented by counsel on today's date. All notices required by Collier County Ordinance No. 90-105, as amended, have been properly issued and were personally delivered. Respondent acted in a manner that is in violation of Collier County Ordinances and is the one who committed the act. That the allegations of fact as set forth in Administrative Complaint as to Count I, 4.1.2, contracting to do any work outside of the scope of his or her competency as listed on his or her competency card and as defined in this ordinance or as restricted by the Contractors Licensing Board are found to be supported by the evidence presented at the hearing. The conclusions of law alleged and set forth in the Administrative Complaint as to Count I, 4.1.2, are approved, adopted and incorporated herein, to wit: The respondent violated Section 4.2 -- 4.1.2 of Collier County Ordinance 90-105, as amended, in the performance of his contracting business in Collier County by acting in Page 87 16 I 1 A'? October 21,2009 violation of the sections set out in the Administrative Complaint with particularity . Order of the board: Based upon the foregoing findings of fact and conclusions of law and pursuant to the authority granted in Chapter 489, Florida Statutes and Collier County Ordinance No. 90-105, as amended, by a vote of seven in favor and zero opposed, a majority vote of the board members present, the respondent has been found guilty in violations as set out above. Further, it is ordered by a vote of seven in favor and zero opposed, a majority vote of the board members present, that the following disciplinary actions and related order are hereby imposed upon the holder of Certificate -- Contractors Certificate of Competency No. 12053, and those sanctions are: He is found guilty, and ordered to: Number one, pay a fine of$10,000 and pay investigative costs of$I,OOO within 30-day period. If these are not paid within 30 days, the License No. 12053 is immediately revoked. He is to be on 24-month probation period. And he will be required to report all commercial jobs that are under his supervision to Collier County Contracting Licensing Supervisor. And it's so ordered. Thank you. Need another break? THE COURT REPORTER: No, thank you. CHAIRMAN JOSLIN: Okay, moving right along. Is there a Neida L. White present? MS. WHITE: Yes. CHAIRMAN JOSLIN: Come to the podium to be sworn in, please. Mr. Kennette, you're going to present this case? MR. KENNETTE: Yes, I am. CHAIRMAN JOSLIN: Okay, you've been sworn in? (Ms. White, Mr. Kennette and Mr. Tom Smoot were duly sworn.) THE COURT REPORTER: May I have your name, please? 16 I l.A'? October 21,2009 MR. SMOOT: Tom Smoot. S-M-O-O- T. CHAIRMAN JOSLIN: Neida L. White, you've been charged or violated (sic). This Administrative Complaint No. 2009-113 -- I'm sorry, -13. I need a motion to put this packet into evidence, please. MR. L YKOS: So moved, Lykos. MR. JERULLE: Second, Jerulle. CHAIRMAN JOSLIN: Motion and a second. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. MR. OSSORIO: Mr. Chairman, just to make sure, this is unusual, but there is a -- in the packet there is a DVD in there that is presented in the packet exhibit. Would you want to -- can we categorize that as just the exhibit, or do you want to go ahead and make that Exhibit No.1? CHAIRMAN JOSLIN: It's part of the packet. Let's make it Exhibit No.1, because-- MR. NEALE: You can make it part of the same packet. MR. OSSORIO: It's part of the same packet? Okay, good. As long as it's in there, that's fine. CHAIRMAN JOSLIN: Okay. Is this going to be something in evidence reviewed? MR. OSSORIO: It's a video you're going to watch, probably. CHAIRMAN JOSLIN: Opening statements. Mr. Kennette. Page 89 16J 1-1\0 October 21, 2009 MR. KENNETTE: Case No. 2009-13. This case is against Neida L. White, d/b/a Dave's Sprinkler Repair, Incorporated. On September 8th, 2009 a preliminary complaint was filed with our office by Dale Orphan of797 Portside Drive, Naples, Florida, that he had contracted and made a deposit to have his sod replaced at his home, reinstalled by d/b/a Dave's Sprinkler Repair Service. This job was done and the video and the complainants are here, Mr. and Mrs. Orphan, to testify to the fact of the improper installation. MR. SMOOT: Mr. Chairman -- CHAIRMAN JOSLIN: Yes, sir. MR. SMOOT: -- members of the board, my name is Tom Smoot. I'm a lawyer. Please don't hold it against me that I come from Fort Myers. But it's my privilege to stand before you today representing Dave's Sprinkler Repair, represented in person by Neida White. As our opening, what I'd like to first comment on notably, the charge in the Administrative Complaint is contracting to do any work outside of the scope ofhislher competency as listed on hislher competency card, and as defined in this ordinance or as restricted by the Contractors Licensing Board. Nothing about improper installation is the subject of this complaint. Now, specifically the competency card that Neida White/Dave's Sprinkler Repair had -- actually, they've had one in Lee County for seven years and in Collier County three years for irrigation. I understand that about 18 months to two years ago Collier County adopted a special classification, not one recognized under 489, but one that was passed by the Collier County Board of Commissioners that regulates landscaping separately to include sod laying, and so that someone in order to lay sod in Collier County does have to have that competency card in addition. Dave's Sprinkler Repair did not have that and they did lay sod for Page 90 161 1 October 21,2009 It, the Orphans, the complainants. Now, the only additional testing required for that landscaping competency is tree pruning safety. Neida White has sat for that exam and will be sitting for it again very soon. She drove up to Clearwater to take that exam and then will be going to Bonita to take it the next time, and is diligently pursuing getting licensed in that area. She just didn't know and she was wrong, she confesses that. She has paid the fines. She was given two citations and she paid both of them to the tune of $300 apiece. She does not contest in any way her guilt of this -- of either of these citations or of the administrative complaint allegation. She does, however, going back to October 10 of earlier this rnonth, has initiated a civil lawsuit that governs -- that has jurisdiction over who owes who money. The Orphans are claiming they're owed rnoney back. Dave's Sprinklers is claiming it is owed additional money. And I would ask you to defer jurisdiction to the court to resolve that issue. The court's a perfect venue, a perfect forum to hash this out fully and fairly for all the parties. So I stand before you saying that there is no contest to the charge, the fine has been paid, and would you please exercise your discretion to allow the court to hear this matter and determine who owes whom money as between -- in the private dispute between the Orphans and Dave's Sprinkler Repair. CHAIRMAN JOSLIN: Mr. Smoot, unfortunately in a civil case that is going to be set up or maybe is underway at the moment for litigation as far as for dollars and cents that are owed or who owes who really has nothing to do with this board. This board is strictly acting on a situation of that Neida has a license and right now it is a sprinkler license, and she was clearly doing sod work with a sprinkler license, which she acted out of the capacity of her license, which she admitted that count. So whatever transfers from that point on will be strictly on the Page 91 o~o~e! 21, ~09 A, license issue of the case, not on mitigation of the case as far as legality says how many dollars are owed to who party. That you can fight out in court if you like. MR. SMOOT: Thank you. CHAIRMAN JOSLIN: You're welcome. MR. OSSORIO: Mr. Chairman, I just want to clarify a couple of things and rebut what Mr. Smoot has to say. As far as my recollection is, is that landscaping license has been required in Collier County for more than a decade. If you wish to see to my office, I will give you a password and it says that require a license (sic). Clearly hasn't -- the ordinance has not changed. Landscaping's always been required for that particular activity. But we'll set that in the record later, if you wish to come in the office. However, pertaining to the civil suit, I mean, that is -- unfortunately (sic) Mr. Orphan is a Collier County taxpayer. They expect the Collier County Contractor Licensing Board to protect them against someone who has an irrigation or any license working outside the scope of his or her license. They have an obligation to come to my office and to protest of a contractor licensed with our office taking them to a civil court for something that they are not qualified to do. Now, we can go into the case itself, and I'm prepared to do so, but leave Mr. Smoot to recognize that basically he admits his client's guilty of the charge here today. But if you look at the evidence, on Page 8, clearly it says Dave's Sprinkler Repair. And the activities should be to remove and install 50 pallets of sod. Clearly that -- obviously that's an irrigation company, and it's doing landscaping work. So I understand why that he's admitting that he's in violation. However, if Dave's Sprinkler Repair was a licensed company, there would be additional charges because of the contract description, Page 92 oJo~r 121, 2!09 A3 it says to remove. And we here today will tell you that not only that the person's not licensed to do the work, you're going to see videos and you're going to hear testimony and you have in your packet from licensed companies that not only that (sic) is not licensed to do so, that there was improper installing and per the contract. It says to remove and to reinstall. What we're here today to tell you, that that didn't happen. There was no removing of the sod. There was a subcontractor that Dave's Sprinkler hired that wasn't licensed in the first place that got a citation for unlicensed activity, that went out and cut the grass and laid the sod and now is suing a Collier County taxpayer for the remainder of the $5,000. And before we go ahead and reserve for restitution, I'd like you to take a look at the video and hear Mr. Orphans (sic), what they have to say about their ordeal about an irrigation competency person doing and hiring an unlicensed landscaper and charging her for landscaping. MR. NEALE: If I may-- CHAIRMAN JOSLIN: One second, Mr. Ossorio. Mr. Neale? MR. NEALE: In the charge that was previously read to the board and is the normal rules the way this board operates, it's clear the standard in evidence to be weighed solely as to the charges set out in the complaint. And they only had one charge to prepare a defense on, and that charge was operating outside the scope of their license. The simple fact that A, they've admitted to it and B, that there is a quotation on which -- for which they were partially paid in the document shows that they were operating outside the scope of their license. It would be my opinion that any other evidence as to whether they did it incompetently or not is irrelevant and immaterial as to the charge brought. They could have laid the sod upside down and it would be irrelevant as to the charge brought. Page 93 16' 1 October 21,2009 4'<3 CHAIRMAN JOSLIN: Right. The other charges you're speaking about would be the civil matter that they're talking about as far as who owes who money -_ MR. NEALE: No, the charge I'm speaking about is the charge that they were brought there in front of this board for. CHAIRMAN JOSLIN: Right. I misunderstood. Yes, I know what you mean. We're talking about just the charge that's before us now of contracting without the proper license. MR. NEALE: Right. I mean, if -- and Mr. White may -- MR. WHITE: Mr. Chairman, I appreciate the point Mr. Neale is making. Certainly it's one I think we started our meeting with today about the importance of precision for. One of the things that concerns me and what I've heard from both sides so far is that there seems to have been prior citations issued, and we don't have copies of those, we don't know what the scope of those pertain to. And what I'm concerned about here is that -- and I'm not looking to make Mr. Smoot's case for him, believe me, I don't know whether in fact this is a circumstance where they've effectively already elected, if you will, the means by which the violation should be prosecuted and the appropriate remedy found. MR. NEALE: No, I think a point needs to be made to the board, and Mr. Smoot can correct me if I'm wrong, but I believe that the action brought in civil court was an action brought by the respondent to enforce the contract, as opposed to an action brought by the owner. MR. WHITE: Mr. Chairman, board members, Mr. Neale, I'm not referring to that civil matter at all. MR. NEALE: Understood. MR. WHITE: I'm referring to the statement that Mr. Smoot made that there were citations issued and fines paid. That to me sounded as if they were ones for a violation for operating outside the scope. Which appears to be the same violation that's before us in the Page 94 ,____u.__.. ,___.~__.. 161 1 October 21, 2009 A3 Administrative Complaint. I would like to have some additional testimony from whomsoever may know the facts about this so that we can be as well informed as possible. CHAIRMAN JOSLIN: Mr. Ossorio? Is it possible that you could tell us about the other violations that were charged? MR. OSSORIO: This case is not unsimilar (sic) -- obviously very similar to the Porter case we had a few minutes ago. We heard testimony that he worked outside the scope of his license, and your testimony that there was damage done and how to fix it. So that's the same. And also how Porter was issued a citation before. There were two cases against Dave's Sprinkler Service. One was a 489 case, working -- 1.1 of the Ordinance, working without a license, period. We wrote the case up, we issued the citation, done. Then there brings the administrative complaint out of 4.2, which is a whole variety of misconducts. You could have A through Z, I'm not going to go into, issues with it but you could cite him through A through whatever it is. And one of them is working without __ working outside of the scope of her competency. So we reopened the case on that. Sometimes we issue a verbal communication under 4.2 under the code that says we can go ahead and issue a warning or we can go ahead and do an administrative complaint. Unfortunately in this particular case there were some factors involved that it wasn't the second offense or third offense, it was the first offense, but there was a consumer harm. There was a lady here that has been financially harmed by someone working outside of her competency. MR. WHITE: I appreciate the clarification. I'm not 100 percent there yet. So maybe Mr. Smoot has the specifics of what was cited. I understand it may be a different section of the ordinance. But-- Page 95 16 ~ 1 October 21, 2009 A3 MR. SMOOT: May I walk over and use that document presenter? MR. WHITE: Visualizer? Yes. CHAIRMAN JOSLIN: Sure. MR. WHITE: But your testimony, Mr. Ossorio, was that they were cited for a violation of the ordinance in Section 4.1.1. MR. OSSORIO: I don't have it in front of me. What is 4.1.1? MR. WHITE: That's what I thought I heard you say. MR. OSSORIO: No, it's 4. -- maybe it is -- might be 4.1.2, which is misconduct of a licensed company. That citation refers to 489, which is totally -- that doesn't refer to our ordinance. That's for unlicensed activity. And that was two cases. MR. WHITE: So on the one hand, one face of the coin is they engaged in the business or acted in the capacity of a landscaping contractor. MR. OSSORIO: Yes. MR. WHITE: Okay. MR. OSSORIO: Yes. MR. WHITE: I guess the inference is without being duly registered or certified, there it is, meaning -- MR. OSSORIO: Yes. MR. WHITE: -- the idea is that -- I don't know if you have to be registered or certified to be a landscaper, do you? MR. OSSORIO: Or. MR. WHITE: Or just licensed. MR. SMOOT: It's not one of the categories recognized under Chapter -- CHAIRMAN JOSLIN: Excuse me, to the microphone, please. And just for the record, one at a time, please, okay? That way we keep everything in line, the court reporter can dictate everything that's gomg on. MR. SMOOT: Mr. White, I believe if this answers your Page 96 Oct!b~ J 1, 20!9 k question, it's not one of the categories recognized as contracting under Chapter 489. However, it is recognized as contracting under Collier County's ordinances. And to correct something I said earlier, the need for an exam other than the business exam that Ms. White's already passed in Collier attendant to her irrigation license in Collier, there's a tree pruning safety examine that's required. Has nothing to do with sod laying, it's just one of the requirements. And she's diligently pursuing that right now. Now, if -- to go back to what I said before, what I put on the screen over here, and I think it's big enough to be legible, is the first of the two citations. And I've had to blow it up so you can't see the whole thing. But it says -- you can see the box is checked for engage in the business or act in the capacity of a contractor or advertise self as business organization as available to engage in the business or act in a capacity of a contractor without being duly registered or certified. And that's the same charge that was then put into the administrative complaint that has been filed that we're here on as you can see -- MR. WHITE: We have that document. MR. SMOOT: You have that? Now, there is a second -- THE COURT REPORTER: Mr. Smoot, you need to be on the microphone, please. MR. WHITE: There's one behind you, Mr. Smoot. MR. NEALE: Yeah, there's a hand-held. MR. WHITE: If you look where I'm pointing, you can use that as you move. You need to turn it on. MR. SMOOT: Thank you. So let me zoom in on this one. This is willfully or deliberately disregard or violate any Collier Page 97 oc!~r hI, 219 ~? County ordinance regarding uncertified or unregistered contractors. I believe that Ms. White is not admitting that she did so willfully or deliberately, but she has paid the fine for each as an accommodation, and is not challenging the administrative complaint. MR. WHITE: Do you know when those were -- I'm assuming it's on there when they were issued. But also, when were they paid? MS. WHITE: October -- I believe it was the 6th. CHAIRMAN JOSLIN: What were the dates on both of the citations? MR. SMOOT: September 15. Let me-- CHAIRMAN JOSLIN: For the one? MS. WHITE: For both of them. CHAIRMAN JOSLIN: Both of them were issued the same day? MS. WHITE: Yes, sir. They issued the citations on the 15th and they called me on the 17th telling me I had 30 days to rectify this problem. CHAIRMAN JOSLIN: Mr. Lykos? MR. L YKOS: Could we get copies of the two citations? MS. WHITE: It should be in their packet. MR. L YKOS: They're not in our packet. I don't remember seeing them. Are they in our packet? MR. NEALE: No. CHAIRMAN JOSLIN: No, they 're not. MR. WHITE: No, they're not. MR. OSSORIO: Unfortunately that particular case has been closed so -- MR. L YKOS: I understand. MR. OSSORIO: -- I wouldn't have it, so -- MR. SMOOT: Here, you can have my copy. Front and back. CHAIRMAN JOSLIN: So what I'm seeing on the two citations that were issued on September 15th, and I'm finding that the contract for the sprinkler or for the -- I'm sorry, for the sod going in was dated Page 98 OCtot~l~ 200~ h August 10th. MR. NEALE: If I may, just -- since those have been presented to the board as evidence -- CHAIRMAN JOSLIN: Right. MR. NEALE: -- then we do need to have those entered into evidence. Do you want them entered as your exhibit, Mr. Smoot? MR. SMOOT: Sure, sure. MR. NEALE: Okay. MR. WHITE: So moved. MR. NEALE: Defense exhibit. CHAIRMAN JOSLIN: A, I? MR. NEALE: Well, A for purposes of admission. CHAIRMAN JOSLIN: I need a motion to enter-- MR. L YKOS: Second, Lykos. CHAIRMAN JOSLIN: All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: So moved. We go back to the question of the -- citations were issued on September 15th, so I'm gathering, and the contract for the sod work was done on August 10th. So I'm trying to get the time line here as far as -- MR. SMOOT: I believe Ms. White will testify the work wasn't completed until September 3rd. MS. WHITE: It was in the middle of rainy season and we were Page 99 16 1 1 <<, October 21, 2009 . unable to cut sod. In fact, before we started the job, when Mr. Orphan gave us the check, we waited three full days. We also brought him a sample of the sod, because I tried to have him not take this sod because I was concerned that zoysia is, on its best installation with perfect care, is horrible. It's very, very difficult. I have other customers in Fort Myers that we've done this job for, and under perfect care with perfect pest control and a sprinkler system working, absolutely 100 percent they still have issues. CHAIRMAN JOSLIN: Once again, I'm just going to prompt the board one time. Again we're going to go back to the ruling here. We're talking about the installation now, we're talking about some things that really don't really apply to the charge. The charge is contracting to do work outside the scope of the comp -- for his licensing. This is what we're supposed to be looking at now. MR. NEALE: As you're all aware, there's two phases to this one. One is of course finding whether they operated in violation, which it appears that Mr. Smoot admitted that they did outside their scope. The second phase is the penalty phase during which evidence as to the extent of the violation and such can be brought in. So, you know, I want to be clear to the board that those two elements do exist. CHAIRMAN JOSLIN: Mr. Lykos? MR. NEALE: However, what you're seeing as far as the citations and so forth is relevant to the issue of unlicensed practice and how you view the responsibility and guilt or innocence on this. CHAIRMAN JOSLIN: Okay. MR. L YKOS: Michael, can I ask you some questions about this? MR. OSSORIO: Go. MR. L YKOS: Okay, so we have two citations. The first one in the order that I was given them is for engaging in the business or act in the capacity of a contractor. And it's identified as a landscaping Page 100 octi~ 211, 20~ ~ contractor. So the first citation was for acting as a landscape contractor, which was not what Dave's Sprinkler Repair is licensed to do. MR. OSSORIO: That's correct. MR. L YKOS: That's the first citation. The second citation is willfully or deliberately disregarding or violating any Collier County ordinance relating to uncertified or unregistered contractors. And then it says Flores Landscaping. So exactly what is the second citation for? MR. OSSORIO: Typically when we conduct our investigation, the investigator will determine did Dave's Sprinkler do the work. In this particular case Dave's Sprinkler did not do the work. They actually subbed it out to an unlicensed contractor. So we charged Dave's Sprinkler for hiring unlicensed contractors. And that's been -- we've talked about that in the past. We haven't had one in a while in front of our licensing board. So we're not here to determine that, because that was paid too as well. But that was for the unlicensed contractor that Dave's Sprinkler hired to do the work. MR. L YKOS: Okay, so far I'm with you. MR. OSSORIO: Good. MR. L YKOS: Then the third question is, if the first citation was for acting as a landscaping contractor when they were not licensed to do that, and the second citation was for hiring an unlicensed subcontractor, then what is Count I in this Administrative Complaint for? MR. OSSORIO: Count I is the homeowner made the complaint of an irrigation company working outside of the scope of their licensing, causing financial harm. Which obviously you will hear testimony to the fact after you hear testimony about him being not properly -- working outside of the scope of his or her certificate. Every homeowner has a right to make a complaint to the Page 10 1 16 1 1 An October 21, 2009 ~ 2 licensing board under misconduct. We're not talking about unlicensed activity, we're talking about misconduct of a certificate holder. CHAIRMAN JOSLIN: Okay, I'm beginning to understand this now. So what -- I'm sorry, go ahead. MR. LYKOS: I'm sorry. CHAIRMAN JOSLIN: No, go right ahead. MR. L YKOS: Does -- the Administrative Complaint is for contracting to do work outside of the scope of his or her competency. Does the complaint of the homeowner fall under that count? MR. OSSORIO: Repeat that, because it wasn't -- MR. L YKOS: Okay, the first citation was for engaging in a business or capacity of a contractor outside of what their license can do. MR. OSSORIO: Okay, first, there's no unlicensed -- when you look on misconduct, you have to read the ordinance and it says, how does someone make a complaint? When you deal with unlicensed activity, that's not making a complaint, that's unlicensed activity under 489 and 1.1 of the ordinance, which is totally separate. When somebody comes in the office and fills out a preliminary complaint form under the ordinance, it says I will do the investigation and I will view the (sic) pursuant to the misconduct and I will see if it meets the administrative criteria for the board hearing. And there's some gravity of the violation. I go through if there's any financial harm. You're absolutely right, we try to -- once the citation was issued and the unlicensed activity was done, we tried to mitigate this with Mrs. White. I believe Allen Kennette said, well, this is what you need to do. We want you to go ahead, try to solve this problem, take the materials out, take it back to whatever it is and go on with your business or refund her the 5,000 to rip it out, whatever it is. She chose not to do so. So there is probable cause that under her certificate she caused Page 102 16 I 1 It?; October 21, 2009 financial harm, so we brought it in front of the licensing board. One has nothing to do with the other. That's my interpretation of it. You can talk to Robert Zachary or Pat Neale, but that's my interpretation. And granted, if this is the road we're going, Mr. Smoot's got to realize something. We'll be back here next month with four or five other charges. I was only trying to go ahead and be specific to the charge of, you know, not causing damage, not going through that whole preliminary issue. Just saying okay, you worked outside of the scope. I was hoping today we would have some meetings of the mind beforehand, said ( sic) listen, let's solve this issue. But this homeowner made an administrative complaint under 4.1 of the misconduct under a certificate holder. Not an unlicensed contractor, a certificate holder. If it was an unlicensed contractor, the case would be closed, which it is, because we have no jurisdiction. I can't order an unlicensed contractor to go ahead and do restitution. It's done. But the certificate holder you hold, the Board of County Commissioners gives you the authority over the certificate holder. This is why she's here today. Other than that, I'm done. MR. L YKOS: Okay. I understand. CHAIRMAN JOSLIN: Mr. White? MR. WHITE: Could I ask Mr. Lykos ifhe would pass that down? CHAIRMAN JOSLIN: Surely. MR. WHITE: What I'm trying to understand, Mr. Ossorio and Mr. Smoot, if someone can help me, what provision of law is violated in Citation 4649? CHAIRMAN JOSLIN: They don't have copies. MR. OSSORIO: Which one is that? MR. WHITE: 4649 is the first of the two. It says, engage in the Page 103 Oct~b~ }1, 20~9 A3 business or act in the capacity of a contractor. It's small letter f, as was discussed earlier. MR. SMOOT: There's no citation that I can see here to a statute or anything else. But it's substantively the same as what is charged in the Administrative Complaint. I mean, it's the same thing as what's in the complaint. MR. WHITE: Well, I don't know that for a fact. And what I'm trying to find out is if in fact the facts are that essentially "f' translates into what? I've heard it's 489, I've heard it's 4.1. MR. SMOOT: 4.1.2 of -- I left the ordinance. MR. WHITE: 2006. CHAIRMAN JOSLIN: 2006-46. MR. NEALE: The specific charges listed on the citation come from 489.127.1 which states in relevant part that no person shall falsely hold himself or herself or a business organization as a licensee certificate (sic). And "f' is -- "f' under 489.127.1 is engage in the business or act in the capacity of a contractor, advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. MR. WHITE: Okay. Those are the facts. And the fact is that they essentially are two distinctly different bodies and provisions of law, in my mind. Now, they may be two separate faces of the same coin, but I leave to Mr. Smoot and his client to determine whether they have a double jeopardy issue or not. MR. SMOOT: Mr. White, I can answer that right here. And I'll put it up. MR. WHITE: There you go. MR. SMOOT: At the very top of this citation form there's the reference to what Mr. Neale just read from Chapter 489. But it's not just Chapter 489, it's also Collier County's Contractors Licensing Page 104 16 1 1 AJ:J October 21,2009 Ordinance No. 97-68, which then is followed by the parenthetical statement, as may be amended from time to time by committing the violations stated below. So I would submit that it has been amended and that the new statute is 2006 -- Mr. Ossorio, you have a -- CHAIRMAN JOSLIN: 2006-46. MR. SMOOT: So yeah, it is double jeopardy. They're both referenced there. And it's essentially the same thing. MR. WHITE: I understand your argument, Mr. Smoot. Knowing from what Mr. Neale has told us and read essentially the verbatim of 489.127.1(f) and correlating that to "f' on the citation, I'm seeing the law that's violated as Mr. Ossorio had indicated, the text of the statute and not that of the ordinance per se. In that what is the subject of the Administrative Complaint today is in fact the ordinance's provision in Section 4.1.2. Like I say, they may be two faces of the same coin, but they are not identical. And to me at this point I think that there's sufficient reason to go forward. MR. NEALE: Well, and in may, in the Collier County ordinance itself -- and I apologize, I'm reading from the codified version. But under Section 22-202 of the codified verse, subsection A, which states that there are three categories of violation, subsection one under that says, Subsection 489.127(1) Florida Statute is incorporated herein. So the way the Collier County Ordinance reflects the violations contained in 489.127 is by reference. So everything that's contained in 489.127.1 is by reference contained within Collier County ordinance. MR. WHITE: But I'm still reading each of the two -- MR. NEALE: And they are two separate sections of the same ordinance. You know, 22-202 is a separate section from the section in which administrative disciplinary penalties are imposed and where those penalties are set out and where the violations are. Page 105 octlf?2\' 20~ A? MR. WHITE: Stated in an analogous fashion, I think they're separate threads of the same fabric. MR. L YKOS: I don't like that analogy, can you give mean another one? MR. SMOOT: There are two ways of saying the same thing. MR. WHITE: Two wires in the same bundle. CHAIRMAN JOSLIN: All right, is there any other testimony at this moment? (No response.) CHAIRMAN JOSLIN: Any other witnesses you want to call? MR. SMOOT: No, we confessed that it was violated. CHAIRMAN JOSLIN: Okay. Does the county want to call any other witnesses? MR. NEALE: Just to get on the record, the segment of misconduct is by definition a separate section of the ordinance. CHAIRMAN JOSLIN: The what now? MR. NEALE: The misconduct as charged in here is a separate section from the section wherein the citations were made. MR. OSSORIO: Mr. Chairman, once you determine -- once you deliberate or if you find in violation of 4.1.2, I will discuss to you (sic) of the financial harm, and I would have the homeowner speak on that behalf on that particular case, and you'll also see a video. CHAIRMAN JOSLIN: Okay. MR. SMOOT: And we would just once again ask that you skip that and allow us to defer to the cir -- or to the county court to decide who owes who money. That is the financial harm. If you decide it here today, you will prejudice what happens before the county judge who hears this case, because you'll -- the restitution is not something that would order Dave's Sprinkler to pay to the county. Restitution would be what you order Dave's Sprinkler to pay to the people that are the defendants in the lawsuit they brought. CHAIRMAN JOSLIN: I'm sorry, but I believe you are wrong. Page 106 161 1 October 21, 2009 to Mr. Neale, correct? We have the capability to penalize and have restitution or whatever this board decides regarding your license. MR. SMOOT: You do, and I was just requesting that you defer to the court to determine who owes who money. MR. OSSORIO: Well, I consider that an issue for the -- MR. NEALE: It's for the penalty phase. MR. OSSORIO: -- penalty phase. CHAIRMAN JOSLIN: Yeah, we're ahead of ourselves at the moment. MR.OSSORIO: When you go to the penalty phase, I will discuss with you why I believe we should not. CHAIRMAN JOSLIN: Okay. So any closing statements from -- MR. SMOOT: My client would like to make a statement. MS. WHITE: I've worked in Collier County for three years. I worked in Lee County properly licensed for seven. I would not have knowingly hired an unlicensed contractor. In Lee County hindsight is 20/20. It's no excuse. I can lay sod, I can do landscaping, I can do irrigation. I don't do pest control, I don't do trees, I don't do electric. If I can't plug it in, I tell the customer, you must get an electrician. When I hired Flores Landscaping, I -- my mistake. They are properly licensed for Lee County. When I was written the citations on the 15th, I got a -- Mr. Kennette said to me, you have 30 days to remedy this. I called my attorney. I said, Tom, what do I do? He said, Neida, what do you need? I said, I need a tree trimmer's license. He goes, no, seriously, Neida, what do you need? I said Tom, I have never trimmed a tree in my life. He said you -- he goes, you go down, you pay your fines. He said, you go get on -- the county to give you permission to take the Page 107 OC~b~r L, 20~9 kJ test. I took the test. I got the letter last night, I missed it by two questions. He said, then you stand in front of the board. Mr. Kennette said that if I can get my license, this will negate everything I'm standing here for. I have -- it's my fault, I did not -- when I went on to the Collier County site, I had been receiving leads for irrigation from Service Magic. And Mr. Lantz, you had said you've worked with Service Magic. Service Magic will not give you a lead unless they have checked to make sure you are properly licensed. They checked. They said, Neida, you can take leads for sod and landscaping. I said, are you sure? They said, we have a department, all they do is check. I went onto the Collier County website, which is very, very hard. Sorry, I do irrigation, I'm not a computer person. I mean, I know I'm 40 something years old, but they're not my thing. I did not see anything that said landscaping and sod. I saw tree trimming. I did not see where it said in little print, look, if you want to lay sod and do landscaping you have to take this test and then get a modified license. I should have gone into the county. I should have asked them. But when I went on the website for Lee County, Lee County says under my irrigation contractor's license, because I've taken business law, I can lay sod, do landscaping. I cannot install trees, I can't trim them. It doesn't change anything. When I sat down with Mr. and Mrs. Orphan, I had received their lead from Service Magic. The job was done during the height of the rainy season. It's had many, many issues. The video you're going to watch condemns me. The yard looks terrible. I had Perfection Lawn and Pest go out there yesterday and Page 108 OC~b~r ! 1, 2~9 A3 tell Mr. Orphan what needs to be done. In 90 days it will look better. Anyone who knows anything about zoysia grass, which is in the golf course greens area, knows that zoysia is very, very finicky. And if it's not cared for properly, it makes it look really bad. I took some of it home and laid it under an orange tree. It's been getting proper fertilization and water. I'll bring it to you, it looks gorgeous. You know, so -- Hindsight's 20/20. If I had the money to undo this and give them back what I've already paid for, I would have. But I really and truly believe with proper care in one season -- in the landscape book that you required me to read to take the test on it says that zoysia takes an entire season of growth to look good. An entire season. Not five weeks, not six weeks. This grass hasn't been down for two months. They've already -- it was three-and-a-half, almost four weeks old, they had already started cutting it. They had not done the proper pest control. I'm not allowed back on the yard. I don't know if they're watering it. I don't know if they're doing their due diligence. And this all started when I went to collect my final payment and they said we're not happy. They had four days they could have stopped me and they didn't. Then they said, well, what are you going to do? Their answer was take 50 pallets of zoysia, throw it away because they weren't happy. This is premium Empire zoysia from Duda Farms. Duda Farms supplies 90 percent of the sod that comes into Lee and Collier County. They don't sell junk. You have a packet from your people with two estimates. Right now the economy sucks. And I can tell you this, for any one of you who are contractors, you can have five people stand right behind you and undercut your job, tell you how bad it is and how they will do it better and cheaper. Page 109 OC~~}21, 219 M On a golf course when they lay zoysia, did you know that they lay it in like a puzzle piece? It comes in, it's numbered, it's in a 72-degree truck. It's staked. When you lay zoysia, it came in with a lot of dirt on it because the fields were so wet. And then it rained. And then it rained. And then it rained some more. The zoysia moves. It doesn't stay staked. Any sod that is laid during the rainy season will move. So in the yard when you look at the video, there's gaps. And they have taken off the market 80 percent of the weed control products. I don't spray them. That's why I sent Perfection Lawn and Pest. Perfection Lawn and Pest went to the Orphans and said, look, if you know somebody who works at a golf course and can get you the products to get rid of your weeds, that's exactly what you need to do. Otherwise they need to be picked. If they wanted, I would turn around and send somebody out there to pick weeds. If that would make the difference on this yard coming in or not, I would do it. But there was nothing I was going to say to the Orphans before the complaint was filed to make them happy. The only thing they wanted was all their money back, plus. CHAIRMAN JOSLIN: Okay, I appreciate your comments. MS. WHITE: Thank you. CHAIRMAN JOSLIN: County, do you have any closing statements? MR. OSSORIO: Actually, Mrs. White said it all. I have nothing more to say until we get to the penalty phase. CHAIRMAN JOSLIN: In that case, then I'll make a motion to close the public hearing. MR. WHITE: Second, White. CHAIRMAN JOSLIN: Motion and a second. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. Page 110 octo~e~ 2 ~, 200~ k; MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries unanimous. All right. Now, at this moment we're going to go into deliberation just to discuss this just a moment, so if you want to have a seat for a second and relax a second. Gentlemen, again, going back to the count that we're dealing with here, I know we're talking about installation, how it's done. The video we haven't seen yet. They've admitted the guilt. MR. WHITE: I've seen the video. CHAIRMAN JOSLIN: I've seen the video, yes, in the packet. I don't need to see it again. MR. WHITE: I'd make a motion for a finding of a violation. I think it's clearcut that the work that was performed is outside the scope of the sprinkler license. And everything else is part of the penalty phase. CHAIRMAN JOSLIN: Is that a motion? MR. WHITE: So moved. MR. JERULLE: Second, Jerulle. CHAIRMAN JOSLIN: Second, Jerulle. Motion and a second that Neida L. White is found guilty of Count I -- I'm sorry, 4.1.2 -- MR. NEALE: You need to take a vote. CHAIRMAN JOSLIN: I'm sorry? We're going to. Motion and a second on the floor. Signify by saying aye. MR. BOYD: Aye. Page III octo!e92l. 200\ k? MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. I was just reading the count. Sorry. Mr. Neale? MR. NEALE: We'd already gone through the penalty. If you'd like me to review it again, I can do that. CHAIRMAN JOSLIN: Just a quick oversight. I mean, 1-- MR. NEALE: Okay. Again, any damages that are found must be directly related to the charge as set out in the complaint, owing to the fact that the respondent could only prepare a defense to that particular charge. Since the board has found a violation, there are a list of 10 different sanctions which the board can impose in a situation such as this: Number one is revocation of the Certificate of Competency; two, suspension of that certificate; three, denial of issuance or renewal of a Certificate of Competency; four, probation of a reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the Contractor Licensing Board and/or participation in a duly accredited program of continuing education, and probation may be revoked for cause by the board at a hearing noticed to considered that purpose; number five, restitution; six, a fine not to exceed $10,000 per incident; seven, a public reprimand; eight, re-examination requirement; nine, denial of the issuance of permits or requiring issuance of permits with conditions; Page 112 16 Ilk? October 21, 2009 10, reasonable legal and investigative costs. In determining the sanctions to be imposed, the board shall consider five different elements: One, the gravity of the violation; two, the impact of the violation; three, any actions taken to correct the violation; four, any previous violations; five, any other evidence presented at the hearing by the parties relevant as to the sanction that is appropriate for the case, given the nature of the charge. Can also issue a recommended penalty to the state board. Three different recommendations there: No further action; recommendation of suspension, revocation or restriction; or a fine to be levied by the state. CHAIRMAN JOSLIN: Pleasure of the board? Any recommendations? MR. OSSORIO: Mr. Chairman, before you start deliberating about recommendation, before I give you my recommendation, I would like to go ahead and do two things at one time. I want you to look at the video as contractors and consumers, and then as the video is going, I want to have the Orphans come up, Mr. Orphan or Mrs., tell you their side of the story from the beginning to the end referencing of how it was laid, what was said, and I'll let them deal with that in the penalty phase. CHAIRMAN JOSLIN: Okay. Then we'll have to open the public hearing again? CHAIRMAN JOSLIN: No, it's-- MR. NEALE: No, this is just part of deliberation. CHAIRMAN JOSLIN: Okay. MR. NEALE: Part of the consideration of the -- MR. SMOOT: Is there any appropriateness for an objection to relevancy? If you recall, the charge is contracting outside the scope of competency. CHAIRMAN JOSLIN: That is true, you are correct. But in part of the penalty phase we have to determine the guilt of whether the job Page 113 octlff 2~, 201 M was correct or not, of whether there was harm or damages done to the contractor -- or to the homeowner by the contracting that you performed or the work that you did perform. Mr. Lykos? MR. L YKOS: Mr. Chairman, I respectfully request a break, five minutes. CHAIRMAN JOSLIN: Okay. All right, then we'll sit on the deliberations for just a moment. It's 12:35. 12:45, 10 minutes. (Recess. ) CHAIRMAN JOSLIN: I'll call the meeting of the Collier County Contractor Licensing Board meeting back to order again and we'll leave off where we started -- where we ended, I'm sorry -- on deliberations. Weare -- and Mr. Kennette, you've got some information for us. Or Mr. Ossorio? MR. OSSORIO: Yes, I'm going to defer -- you asked for my recommendation. I'm not going to give you my recommendation until you hear testimony from the homeowner. And as it was the homeowner's communicating with the board, I'm going to show the video, so you'll see it up here. The video has already been into evidence already, so it's just a reviewing it, which I think probably's everyone's seen it, but I want to see it again. And for the public. MR. SMOOT: Can you establish when it was the video was taken? MR. OSSORIO: Sure. You'll see it. MR. SMOOT: Oh, it will say on it? MR. OSSORIO: Yep. Did you watch the video? MR. SMOOT: Yes. MR. OSSORIO: Okay, it says it right on there. MR. KENNETTE: September 23rd is when it was. Page 114 16' 1 A 1-; October 21,2009 MR. SMOOT: Okay. CHAIRMAN JOSLIN: Did you mention also that you wanted the respondents to -- MR. OSSORIO: Yes, if the respondent will come up when Allen Kennette finishes what he needs to do. CHAIRMAN JOSLIN: Okay. (Video was played.) (Mr. and Mrs. Orphan were duly sworn.) CHAIRMAN JOSLIN: I assume this is a video of the property that we're talking about here? MRS. ORPHAN: Yes, we signed the contract on August 25th. Work actually started -- that was on a Tuesday. Work actually started Friday when Dave's Sprinkler came and adjusted all our sprinkler heads. They showed up on Monday, I guess it was Flores Landscaping -- she represented him as her supervisor -- with a back hoe. And when we were home we noticed that the Mexican or Hispanic man was kind of shaking his head and walking around the yard. And when N eida showed up later that night we expressed our concerns, and she said he couldn't get the back hoe through our sprinkler heads to try to get proper removal. So we expressed our concerns about that and she said not to worry, we'll take care of it. The next day workers showed up. We just happened to go by on our lunch hour. Workers had replaced the front end loader, or whatever it was called, with a mower. And at that time sod started showing up with the pallets being distributed all over the yard. And now we're really concerned because nothing's been removed. CHAIRMAN JOSLIN: None of the sod was removed? MRS. ORPHAN: Pardon me? CHAIRMAN JOSLIN: None of the old sod was removed? MRS. ORPHAN: None of the old sod. They replaced the back hoe with a mower. And I think they tried to mow around where all the Page 115 16 j 1 k3 October 21, 2009 pallets were. There was no chemical removal, no nothing. This was on Tuesday. On Wednesday, after N eida said the problem would be taken care of, we waited to leave for work. And about 11 :00 a.m. we went by and the workers were -- already had the one whole side section sodded. At that point we tried to call N eida to stop the work. No phone calls, the answering machine. We finally got ahold of her the next day only because we used a different number. We went and used a different phone. I believe she probably had caller J.D. And as you can see, the work proceeded. CHAIRMAN JOSLIN: Was there -- quick second. Was there a supervisor or anybody on the job that you could have spoke to to stop the work? MRS. ORPHAN: Well, he didn't speak English. She warned us about keeping our house locked and that the workers did not speak English. We tried to communicate with Manny who was, she said, her supervisor. But he's very hard to communicate with. What else can I say? She came to collect -- now the work started on a Monday and it ended on Thursday, that's how fast they put up 50 pallets. When she came to collect her additional $5,000, we showed her all the gaps in the sod, that we were concerned because at that point you could already see the weeds coming through. So we discussed back and forth and she agreed to take $500 off the price, and we said that wasn't proper. We would be agreeable to waiting a month and if we weren't overwhelmed with weeds then we would paid for the balance. We never heard from her since then. This is the first I've seen or heard from her. Her yard man did come, like she said, yesterday, last night, and informed us that some of the weeds we would not be able to get rid of because the chemicals allowed to get rid of them are not allowed in Page 116 -'-'-'~----'-~-'--""""''''''-""_. OctoteP21, 200! ~ the county anymore. We have -- I have paperwork showing we've had constant bug control. He told us that the sod is filled with fungus and it was not properly cut. CHAIRMAN JOSLIN: Who told you that? MR. ORTEGA: Bug Stop, and two other people that we got estimates to try to get it removed. We want to get it removed. One man said it might be up to a year that we can get control of it again. We have our water bills to prove. We have city water, which you can im -- $300 bills. We fertilized once, but the weeds grew so fast. This is a professional job along our hedge. We had to clean out the hedge because all the pieces they tried to stick in the gaps they threw in the hedge. This is -- I mean, I just -- I can't explain. MR. OSSORIO: Mrs. Orphan, can you explain to when it was laid, you could see gaps. MRS. ORPHAN: Oh, yeah. MR. OSSORIO: It was -- and they didn't use a roller -- MRS. ORPHAN: They didn't use a -- MR. OSSORIO: -- and they didn't remove -- MRS. ORPHAN: Well, they had a roller there but-- CHAIRMAN JOSLIN: One at a time. One at a time, please. Can you turn the volume down? MRS. ORPHAN: This is the entire yard. I mean, this isn't just sections, this is -- THE COURT REPORTER: Please speak into the mic. MRS. ORPHAN: Okay. There was a roller there when we came home, but if they used it or not, I don't know. My neighbors have told me that they didn't. I don't know if they did or not. We have a -- we have a real lawnmower that we can't even use because it won't cut the weeds, and it's so uneven that it scalps it. Page 117 OCtoJl~l~ 200J A'7 CHAIRMAN JOSLIN: Just another question. The video that we're watching here now, how long has it been since the sod was installed to compare to today? MRS. ORPHAN: Twenty days. CHAIRMAN JOSLIN: It's been 20 days since the sod was laid. And then since this video taken, in the same interim? MRS. ORPHAN: Yes, that was taken about two weeks after it was laid. CHAIRMAN JOSLIN: Okay. One last question for you, Mrs. Orphan. In the contract it was -- that's before us in No. E-8, I just have a question. What -- had you done work with Dave's Sprinklers Repair before? MRS. ORPHAN: No. We were referred by Service Magic. They referred us to her. CHAIRMAN JOSLIN: Did you at all question the fact of a sprinkler company doing sod work? MRS. ORPHAN: We did check to see if she was licensed, and they said she was licensed. As -- like her, we didn't realize you had to have a separate -- from irrigation we didn't realize you had to have a separate landscape license. CHAIRMAN JOSLIN: So then the company that you got your referral from kind of led you astray and -- MRS. ORPHAN: Exactly. CHAIRMAN JOSLIN: -- gave you someone that was licensed but not properly licensed to do sod. MRS. ORPHAN: Yes. I don't know if they didn't realize it wasn't being done in Lee County, but-- MR. OSSORIO: Mr. Chairman, we've talked to -- I've talked to Service Magic many times. They know our philosophy. I've talked to them. I've talked to Charlene from the state. And we're going to be communicating with them about how -- their license requirements. And I believe I also faxed them, going back years, nothing Page 118 16, 1 4\1;; October 21, 2009 recent, but I've also faxed them a copy of the ordinance what's require (sic) a license and what not requires a license in Collier County, and so they've been notified before. MRS. ORPHAN: And we did also have three estimates. She was not the cheapest. She was in the middle. We hired her because she is a family run company and the economy was bad. And I clean houses for a living. Took me a lot of money to save up to have it done. And we felt we checked thoroughly, when we checked, to make sure she was licensed. CHAIRMAN JOSLIN: At what status is the lawn in right now? MRS. ORPHAN: Right now we're having -- the weeds are just overwhelming. CHAIRMAN JOSLIN: But the same material that they put down is still there? MRS. ORPHAN: Yes. We did -- I did call Neida before I signed the affidavit as a complaint, giving her an option of either giving us or money back or removing it, one of the two options. And I told her if it wasn't done then we were going to pursue it. And like I said, I never heard from her. CHAIRMAN JOSLIN: Is this true, Ms. White? MS. WHITE: The option that was left on my phone, on my office phone, I kept the message, was I could pay the $2,500 to remove it and return their entire deposit. That was the message that was left on my machine. $5,000. MRS. ORPHAN: Yes, is that correct. I forgot about the money back. CHAIRMAN JOSLIN: How did the-- MRS. ORPHAN: But we wouldn't have had any sod. CHAIRMAN JOSLIN: -- $2,500 come into it? MS. WHITE: Because they wanted us to remove the sod that -- the premium zoysia that was put down. Even though it had not been given a chance to root, they wanted the grass -- the sod removed and Page 119 _._._'''-'''''-'''--'-'''---~'---'''"''"-''''''-'''----'''''''~'-'-'---'.+ 16 1 1 A?? October 21, 2009 all of their money back. And that was the only way that they were going to not do anything more. And that wasn't till after we filed the lawsuit requesting payment. Because when I stood there to collect my final check -- I don't do confrontation well. It's not one of my things. Everybody in my life knows it. And I stood there with my 21-year-old son to go collect the check. And I couldn't -- nothing I said was going to change their Opl11l0n. MRS. ORPHAN: Nothing, absolutely. CHAIRMAN JOSLIN: Okay. So just to clarify then, you are right at this moment going to have the sod removed? MRS. ORPHAN: I would like -- I have to. Unless I -- CHAIRMAN JOSLIN: Like to and have to doesn't say you will or won't. I'm asking -- MRS. ORPHAN: I want to have it removed. CHAIRMAN JOSLIN: -- you a direct question, are you going to have it removed -- MRS. ORPHAN: Yes. CHAIRMAN JOSLIN: -- yes or no. MRS. ORPHAN: Yes. MR. OSSORIO: That's under the recommendation of licensed landscaping companies who you sought bids after. MRS. ORPHAN: And, you know, she keeps saying about discouraging me from zoysia. We know about zoysia. But I also checked, after she told me that she had referred to experts that it's okay to sod over existing lawn, because she checked with her expert. So on that day that she told me that, I checked with the University of Florida extension, I checked with Battista, I checked with anybody I could call, and not one person said they ever would recommend laying any kind of sod over existing grass. They recommend first of all a chemical remover and then whatever. And the contract did say removal. And I was worried when the Page 120 oct!~ 211, 20~ A? back hoe took off. MR. SMOOT: Mr. Chairman? CHAIRMAN JOSLIN: Board have -- yes, sir? MR. SMOOT: Usually I get a chance to cross-examine at the close of their presentation. CHAIRMAN JOSLIN: You will. MR. SMOOT: Okay, thanks. MR. OSSORIO: Mr. Neale, this public hearing's closed. I don't think they have a question to rebut, do they; am I correct? MR. NEALE: He still has the opportunity to cross-examine. MR. OSSORIO: Okay. CHAIRMAN JOSLIN: Yeah, one more time. Okay, is that all, Mr. Ossorio, that you want to present witness-wise? MR. OSSORIO: Yeah, that's it. CHAIRMAN JOSLIN: All right, you can have a seat -- maybe not yet. Hang on one second, I'm sorry. If you'd like to cross-examine at this moment, you may. MR. SMOOT: Ms. Orphan, you didn't have a lawn at the time that this sod was put down, did you? MRS. ORPHAN: I had weeds. MR. SMOOT: And you had also some zoysia grass. MRS. ORPHAN: No, I did not have any zoysia. MR. SMOOT: Did you not hydro-seed? MS. ORPHAN: We tried and it didn't work. MR. SMOOT: Okay. And before you hydro-seeded, what did you do to prepare the lawn? MS. ORPHAN: Chemically back in November oflast year, chemically he sprayed the whatever, Real Kill. After that we raked it. After that we -- what do you call that machine, that -- CHAIRMAN JOSLIN: Ifwe're going-- MRS. ORPHAN: Tilled it. Page 121 16 J 1.Jt~ October 21, 2009 CHAIRMAN JOSLIN: -- to have testimony here, then I need to have you come to the podium, be sworn in, please. MRS. ORPHAN: I don't understand the tech -- but we tilled it, did everything possible. And the zoysia that we hydro-seeded didn't work. (Mr. Orphan was duly sworn.) CHAIRMAN JOSLIN: Okay, now you can proceed. MR. ORPHAN: In October, Real Killed the entire yard, half an acre. Then I tilled the soil. Then I hired a company to hydro-seed. The hydro-seed did not take, the zoysia hydro-seed. And then we just became overwhelmed with weeds. That's when I contacted Neida through Service Magic. And she said yeah, no problem, we're going to come in and remove the weeds, remove the soil on top, put zoysia down. Read the contract. MR. SMOOT: Now, your contract, isn't it true, did not contain a provision whereby Dave's Sprinkler agreed to do a chemical kill on that yard, did it? MR. ORPHAN: No, it did not. MR. SMOOT: It just said removed? MR. ORPHAN: But all I said, remove. Fine. MR. SMOOT: And they did come in and scalp the yard, rake it up and remove it, didn't they? MR. ORPHAN: Well, they raked all the grass mowings underneath my ficus hedge, if that's what you call removal. Removal is not mowing a lawn. MR. SMOOT: There was no lawn. MR. ORPHAN: Well, it was not mowing weeds. MRS. ORPHAN: The video shows-- CHAIRMAN JOSLIN: One at a time, please. MR. SMOOT: Let's -- maybe if we could roll back the first -- I want to go about 40 seconds into the video. CHAIRMAN JOSLIN: Okay.r Page 122 16/ 1 October 21,2009 P0 MR. ORPHAN: Do you recall a portion where the sod was lifted up -- CHAIRMAN JOSLIN: Yes. MR. ORPHAN: -- and all you saw underneath it was black, sand. No weeds, no yard, no nothing. That was a stripped yard, removed yard. If you recall that, we don't need to run it back by. MRS. ORPHAN: I picked that up to show you the weed underneath. MR. SMOOT: There was none evident. MRS. ORPHAN: Okay. I thought you meant -- while you were doing the yard just to protect ourselves we took video. Those are not videos -- well, pictures that were included in our exhibit. MR. SMOOT: Now, the zoysia grass did not look the way you thought it would look, did it? MRS. ORPHAN: Well, it was longer. MR. ORPHAN: Yeah, it's longer. Most people that I've talked to said zoysia, when it's usually installed, is about three-quarters to one inch long. This -- when Neida brought the sample piece, it was a little long, but I said fine, because at that point she was going to remove what was on top and then install the zoysia, not thrown with one or two-inch gaps, but thrown like sod should be, butt to butt. That's what -- I've got the problem now with the weeds poking up everywhere. MR. SMOOT: Now, in the past you have had sodded yards, haven't you? MR. ORPHAN: My wife and I installed 50 pallets offloratam in 1978. We're at the age now we can't do it anymore. MR. SMOOT: Okay. MR. ORPHAN: I know how -- MR. SMOOT: So your familiarity is with floratam, right? MR. ORPHAN: Yeah. MR. SMOOT: And you've never planted zoysia before, have Page 123 16 i 1 A October 21, 2009 ? you? MRS. ORPHAN: No, sir. MR. SMOOT: You don't know what to expect about how long it takes zoysia to establish and to flourish, do you? MRS. ORPHAN: We're not contesting how long it's going to flourish. We're contesting that the weeds are overwhelming. MR. ORPHAN: And the way it was thrown is not proper. MRS. ORPHAN: And the way that it was installed. And the contract stated removal. MR. SMOOT: Are you contending that you can control weeds by the way you place sod, is that -- MRS. ORPHAN: If it was chemically done, or however they do it -- MR. SMOOT: And you had an -- MRS. ORPHAN: -- there shouldn't be any-- MR. SMOOT: -- opportunity to put that in that contract, didn't you? MRS. ORPHAN: I signed the contract for removal. Whatever they consider removal. MR. SMOOT: But not for chemical-- MRS. ORPHAN: But not mowing. CHAIRMAN JOSLIN: I just have another question real quick, I suppose. You mentioned earlier in testimony that you had the lawn treated for weeds, you sprayed it yourself, right, and then you had hydro-seed come in and spray it. And it was of zoysia, right? MRS. ORPHAN: Right. MR. ORPHAN: Right. CHAIRMAN JOSLIN: But it didn't take. MR. ORPHAN: No. CHAIRMAN JOSLIN: Why? MR. ORPHAN: I don't know. Page 124 16 J l' ~? October 21,",009 CHAIRMAN JOSLIN: You don't suppose the weedkiller could have been killed the zoysia, do you? MR. ORPHAN: No, because we waited -- MRS. ORPHAN: No. This was back in November of last year. MR. ORPHAN: We waited three months after the weedkiller, the hydro-seed. CHAIRMAN JOSLIN: Okay. MRS. ORPHAN: We're talking about December oflast year and this was August this year. MR. JERULLE: Ms. White, do you offer a -- excuse me. CHAIRMAN JOSLIN: Go ahead, Mr. -- MR. JERULLE: Do you offer a warranty for your work? MS. WHITE: Yes, sir, one year. MR. JERULLE: I didn't see that on the proposal. MS. WHITE: No, I -- when I typed it in, I apologize, it didn't. But I did send them a letter stating that if it wasn't watered, pest controlled and cared for properly, they would void their warranty. And I believe when I brought their final bill that it was on there, the warranty information. MR. JERULLE: So why aren't we covering their concerns with a warranty? MS. WHITE: When I went there the last time to see them, I couldn't get a word in edgewise. They told me the garbage man told them that I had installed it wrong. Their neighbors all came over, everybody but the plumber down the street had told them that it was done incorrectly. And I wasn't going to get a word in edgewise. The website that they went to, my son stood there with his Iphone. And it says right on the disclaimer when you go there, this information cannot be used in any legal proceedings, it is strictly the university's opinion of how things can be done. We did a standard overlay on this yard because there was no -- MR. JERULLE: Then let me ask you another question: You Page 125 ~. '.~~._""~"__"_.___'_'_"_"__>"_"'" ...'m____,.'.________"~~.",._".__.__,~,,_.,,..".. oc~~r ~ 1, 2~9 ^1; will still honor your warranty? MS. WHITE: Yes, sir, I will. MR. JERULLE: Would you go back and try to rectify the lawn today? MS. WHITE: Absolutely. But they waited 21 days before they put down their first fungicide or pest control. And they were told -- I sent them a certified letter because I didn't want any misunderstandings. It needed -- as soon as that sod was put down, it needed to be treated. It was at the height of rainy season -- CHAIRMAN JOSLIN: Do you have a copy of that letter? MS. WHITE: Yes, sir, I do. Do you have a packet that was dropped off? MR. BOYD: It's in the packet. CHAIRMAN JOSLIN: Yes. It is? MR. NEALE: Yeah, it's in this-- MS. WHITE: It's in the packet, sir. CHAIRMAN JOSLIN: What page is it on, gentlemen? MR. WHITE: About -- at the very back. It's the last page of the text. MR. NEALE: It's over here. MR. BOYD: It's the third page. CHAIRMAN JOSLIN: I've got Bug Stop on the last page. MR. BOYD: It's in the extra packet we got. CHAIRMAN JOSLIN: One other question. Zoysia grass, I'm not familiar with that type of grass, but does zoysia grass travel or spread similar to floratam? MS. WHITE: It spreads, but it's a very tightknit weaved grass. So when we shaved it, we raked everything out, took all the debris off. On the right-hand side of their yard when we were dragging the pallets off, they were so heavy that we wound up -- there was nothing left on the right-hand side of the yard. We had to re-Ievel the entire yard. It comes up, it's tight and it spreads. It just takes a long time to Page 126 oc!~r ~ 1, 219 A3 do it. CHAIRMAN JOSLIN: Terry? MR. JERULLE: Do you have some sort of quality control in your company? MS. WHITE: With the product we purchased? MR. JERULLE: Yeah. If you're laying sod, is there someone that oversees the quality control of the work that you're performing? MS. WHITE: I'm usually on the job. I had one of my employees out there two days in a row, Bibben Edwards, and he was out there. In fact, he helped lay some of the sod. And he's White and speaks English. He's not Hispanic. MR. JERULLE: So this person was on -- your quality control person -- MS. WHITE: I had one -- MR. JERULLE: Excuse me, excuse me. Your quality control person was on the job during the process of the -- MS. WHITE: Two of the -- yes, sir, two of the days. MR. JERULLE: And looking at the video, he was okay with the qualify of the work? MS. WHITE: When the sod was put in, it was -- it came in, it was really, really muddy. In fact, if you look at the pictures -- MR. JERULLE: I don't care about how it was then, I'm looking at how it is now. And the quality control of that day, the next day or the next week -- MS. WHITE: Right, when -- MR. JERULLE: -- having somebody go back and taking care and doing quality control of -- MS. WHITE: I couldn't go back-- MR. JERULLE: -- the product. MS. WHITE: I couldn't go back on the property after that Friday. I was not invited on to do anything more. I was told remove Page 127 16 I 1 it3 October 21, 2009 it or -- remove it and I want all my money back. I was -- MR. JERULLE: As of what Friday? MS. WHITE: -- not allowed to do anymore work after that Friday. MR. JERULLE: What Friday? MS. WHITE: September 5th. September 3rd I -- MRS. ORPHAN: It was on a Thursday. MS. WHITE: September 3rd we finished the job. That Friday I went to pick up the check, they said no, we -- MR. JERULLE: When you went there to pick up the check, did you see the quality of work? MS. WHITE: The sod looked really good when it started. It had not rained at that point. When it rained, some of the sod moved. I would have tightened it up, but I was not allowed back on the yard. It will fill back in. MR. SMOOT: This is a different kind of grass. MR. JERULLE: I'm a little confused. MS. WHITE: In the video, if you look at the palm tree right here, this is on September 18th. The grass is coming in, it's starting to fill in. Yes, there are weeds in it, but at this point they still had not pest controlled. When these pictures were taken, they had not cut it or pest controlled it. MR. JERULLE: Ms. White, laying sod -- how thick is the sod, two and a half inches thick? MS. WHITE: Well, the problem was it came in with a good inch and a half of mud on the back of it. Because it was so -- MR. JERULLE: How thick is it? MS. WHITE: About three inches thick. MR. JERULLE: And if you don't lay it butt to butt, you're saying that's going to grow in? MR. WHITE: It was butt to butt when -- MR. JERULLE: Where does the dirt come from for the grass to Page 128 16 l 1 1t3 October 21, 2009 grow in? MS. WHITE: It was butt to butt when it was laid, but it was muddy on the edges. MR. JERULLE: Okay. So when they brought up the complaint, why didn't you have your service guy go -- call the service guy, go there and try to fix it? MS. WHITE: Because there was no talking to them at that point. MR. JERULLE: You shouldn't have to talk, you should be fixing the work so that they're satisfied. MS. WHITE: I wasn't allowed back on the property to do anything. I was told -- MR. ORPHAN: That's not true. MS. WHITE: -- return the money and pay $2,500 to have it -- or 2,750 to have it removed. That was the options I was given. I wasn't told -- they didn't say Neida, can you come in, tighten it up, you know, it's moved some. I had 20 pallets -- MR. JERULLE: You're saying that was the option left on your answering machine. MS. WHITE: That was the option I was given. MR. JERULLE: If somebody leaves that on my answering machine, I'm knocking on their door, all right, and with all my people behind me going to fix whatever needs to be fixed so they don't have to leave a second message like that. MS. WHITE: I couldn't get a word in edgewise. The day -- I didn't know what to do with them. Because I didn't -- seriously, I didn't know what to do. They turned around and they said, these are your options. MR. JERULLE: Try to address the concerns. Document it and try to address the concerns. I know there's some people out there that you can never satisfy, but you're not going to satisfy somebody unless you try. MS. WHITE: I told them I'd send my pest control out on Friday, Page 129 o~o~eJ 21, 2~09 /{?; the day we were standing there. I said I will have it treated the first time to make sure it's treated properly. No, we have a guy and I'm going to fertilize it. MRS. ORPHAN: We weren't concerned about pest control, we were concerned about weeds. And I did have my first pest control two days after, on the 21st. We did have Truly Nolan, but she told us that they weren't any good so we fired them and hired another company, Bug Stop. MS. WHITE: But we finished on September 3rd and they had it done on the 21 st. So they waited almost three weeks to do their first pest control. CHAIRMAN JOSLIN: Is that true? MR. JERULLE: I'm still worried about the gaps in the sod. MRS. ORPHAN: That's what you recommended when it was laid, within a month. MR. JERULLE: Excuse me, I'm still concerned about the gaps in the sod. MS. WHITE: When the sod was laid, it was laid tight. It was laid as tight as it could be with the mud that was on the sod. MR. JERULLE: But I don't see any -- MR. WHITE: I'm looking at the photos that they provided dated September 2, and it certainly appears that it is as physically proximate as you could place it. I mean, you're seeing the photo from September 2? MR. SMOOT: Put these on the -- maybe we could put these on the overhead? MS. WHITE: These are from September 18th. These are in your packet. This is after two and a half weeks. CHAIRMAN JOSLIN: We have that, yes. MS. WHITE: The sod is coming in, the gaps are filling in. MR. WHITE: If I understand Mr. Jerulle's point is that there's gaps, meaning soil or something needs to replace the mud that was Page 130 161 1 October 21, 2009 A? washed away. What is the proper method for doing that that you, if you were allowed on the property, would implement? MS. WHITE: What would I have done if we -- from the torrential rains if we had to have? We would have tightened up and added some more smaller pieces of sod. Because zoysia would -- you can cut zoysia in small strips and place them in there to fill it in, but I wasn't allowed on so I couldn't -- I haven't been able to do anything to correct this problem, whatsoever. CHAIRMAN JOSLIN: I've heard that statement three or four times now, she wasn't allowed on your property. Is this something that was not -- was set up by you, Mr. and Mrs. Orphan? MRS. ORPHAN: We never heard from her, so -- MR. ORPHAN: No, other than when she sued us. MRS. ORPHAN: She was supposed to come back Friday. She collected the money on Thursday. MR. ORPHAN: Tried to. MRS. ORPHAN: Or tried to. And because we weren't agreeable, she said she would come back Friday with a -- she wanted us to recommend her to other people and she would work out something that would be agreeable to both of us. I gave her until Monday to get back to me and she never did, and I had to leave a message on her answering machine. I have not seen her or heard anything. CHAIRMAN JOSLIN: So Ms. White, what gave you the opinion then that the Orphans wouldn't let you back on the property again? MS. WHITE: When I was there that last Thursday, I didn't -- the impression they gave me was unless I gave them all the money back and removed it, that was the only thing that was going to make them happy. That was the message they left that following Monday. Page 131 16 I 1 r3 October 21,2009 I did not go on Friday, because every single sod person I know, from King Sod in Cape Coral to Battista and everyone else, said once it's down an overlay is perfectly normal, it just takes some time. And it's at the height of rainy season and it will fill in, it will be beautiful, but it's going to take a season. CHAIRMAN JOSLIN: Okay. Any other questions from the board members? MR. L YKOS: I just want to see if I can get my hands around where we are, what we're trying to do here. I mean, our job is not to mediate this case, correct? CHAIRMAN JOSLIN: No, we're just looking for if there's restitution here. MR. L YKOS: I don't even know that that's what we're responsible for. Weare to determine whether or not the contract was fulfilled or completed to a standard that is what, average? You know, is this the best sod job that's ever been done? Doesn't look like it. Does it mean that the contract wasn't fulfilled? I don't know. Our job is not to mediate this case. Our job isn't necessarily to decide if this was the best sod job that's ever been done or the worst sod job that's ever been done. Is the worst job acceptable according to the contract? I don't know that either. MR. NEALE: Well, and in may, Mr. Lykos, just make a couple of points. I understand where you're going, but just as you're getting into this discussion I'd like to make a couple of points. First is that the charge -- there were available charges that go to the issue of workmanship. That is not the charge that is in front of you today. The charges in front of you today is contracting to do work outside the scope of the competency. What you've been hearing is based on that charge, just that charge, what are appropriate sanctions under that charge. Now, if -- I would say that if a case was to be put on, there would be experts testifying on both sides as to this. At this point you have Page 132 16 j 1 A'3 October 21, 2009 one person who might be qualified as an expert and you have disgruntled homeowners. I would say that further this matter is in front of a civil court which, as Mr. Lykos suggests, is a venue where that type of case can be brought. I'm not stating -- you know, I'm certainly not imposing anything on the board or trying to do so, but I believe that you need to look within the charge itself, you need to look at the damages caused because of that charge. And the board has in many cases seen fit not to award restitution, the board has also seen fit in past cases to give deference to the civil court system when appropriate. Mr. Joslin's been on this board for a long time -- CHAIRMAN JOSLIN: Right. MR. NEALE: -- and he knows many occasions in the past where this board has deferred to civil matters, particularly in the terms of damages caused. You know, this board is a licensure board, as Mr. Lykos correctly was suggesting. This board is not a mediation board. It's not here to settle disputes. MRS. ORPHAN: May I add one thing? When we questioned Mrs. White about laying sod over existing weeds and grass, she said she does it all the time. This was when we were discussing the options. And I wanted her to give me the telephone number of people, other homes that this has been done to. And she informed me she couldn't do that, she would give me pictures. And I insisted that I wanted to talk to the homeowner, because I was totally agreeable to paying her if it wasn't going to be a potential problem. When I asked her if I questioned the workers that threw the sod if they normally throw it over existing sod, she hesitated and she said well, they don't normally throw sod. Now, she hired a subcontractor that the people don't throw sod? That concerned me more than anything. Page 133 16 I 1 A?J October 21, 2009 CHAIRMAN JOSLIN: Okay. MR. NEALE: Mr. Lykos has a -- CHAIRMAN JOSLIN: Mr. Lykos? MR. L YKOS: Michael, I think I understand what we're trying to accomp -- what you would like us to accomplish here. To continue on with the problems I have with where we are, I don't know the value of the work that's in place, I don't know if it has to be ripped out or if it can be reworked and if there's some truth to the fact it takes time to grow in and with some repatching and some repairing that the sod installation can be saved. We don't know that. How can we possibly determine any kind of restitution, not knowing what the current value of the job in place has? MRS. ORPHAN: It has been patched. They did that along the way between the gaps. MR. L YKOS: I understand. But at this point we don't have an expert in front of us saying how long it will take for this to grow in. We don't have an expert to tell us if this installation is acceptable. We don't have an expert telling us what it would take to repair this to get it to some acceptable level if this isn't acceptable. We don't have any of that information. We have your testimony that you're not happy, I understand. We have your testimony that what you think you've gone done is acceptable. It might not be the highest quality, but you haven't had the ability to go on-site and make it any better, if that's a reasonable solution. We don't have any of that information. So the only thing we're left to decide on is whether or not there's misconduct on the part of the respondent, and if there is, is there some punitive amount that we can apply to the level of misconduct. And without knowing the value of the work and the problems associated with it, I don't know how we move forward. MR. OSSORIO: Okay, Mr. -- CHAIRMAN JOSLIN: Like you said, I don't think that you're Page 134 16 I 1 A?J October 21, 2009 going to be able to -- I don't really honestly think we're going to be able to make that decision with the information that we have before us. I think -- MR. NEALE: Mr. White had a point to make. CHAIRMAN JOSLIN: -- probably the best thing to do is to defer it to the courts and act on the charge. MR. WHITE: Exactly, Mr. Chairman. And I'd like to echo what Mr. Lykos' concerns are. I mean, I'm looking at the five factors that Mr. Neale has read to us. And unlike the previous case, this is not a life safety issue, okay. So the gravity of the violation of doing some work outside the scope of competency I don't see as -- kind of that it's near the minimum, near the lower end of the scale, the impact, if you will, of the violation. Again, I think that's a roughly similar factor in this particular case. And the impact is one we cannot to the best of our ability weigh. The action taken to correct, well, what actions were taken seem to be reasonable to the degree that they were allowed to proceed. Maybe if they're allowed to go further, maybe if the fungicide had been applied at the time it was offered essentially I believe for free, it may have worked better than two plus weeks later. So the actions taken to me, I don't see them stacking up in a way that works against the respondent. We talk about previous violations is the fourth factor. I look at it and say well, to some degree the other face of the coin was the previous violation cited for doing landscaping work without having a landscaping contract. So to some degree that kind of tends to have less weight for me as well. And the other things, you know, about the relevant evidence, I tend to come down on the side of saying if there is a forum in which to dispute what essentially is the financial harm, that ought not weigh, at least it won't weigh much for me, in these five factors on what we do for what is the violations that have been found. Page 135 161 1 ftJ October 21, 2009 So this is a tough case for a lot of I think unusual reasons. And it may be to some degree because we're trying to put a square peg in a round hole. MR. OSSORIO: Mr. Chairman? CHAIRMAN JOSLIN: Michael. MR. OSSORIO: I'm going to make a recommendation. I hear what you're saying, that you do have some literature in front of you of damages. They're not direct testimony, I understand that. So therefore, I will make a recommendation that no restitution be sought after today, but I will be recom -- since they are guilty, I will be making a recommendation of a $1,500 investigation cost and a $5,000 fine. And I will-- and they can proceed to civil court. MR. WHITE: May I make a comment, Mr. Chairman? CHAIRMAN JOSLIN: Yes, you may. MR. WHITE: If they're two faces of the same coin and for the citation for doing landscaping without being a landscaper, whatever the dollar amount of the citation was, I believe it was $300, I am hard pressed to understand why $5,000 for essentially an equivalent violation stated differently in the ordinance has such a high suggestion and recommendation for a fine. I think it's excessive under the circumstance. CHAIRMAN JOSLIN: I agree with you. MR. WHITE: To me, I tend to look to some of the other tools we have in looking to balance this case. In particular, I think some of the things we've been told we could do have to do with probation. Things that I think may get us to a point where that one-year warranty may have some relevance in getting these people to work things out. The difficulty they're going to have in doing that is I'm pretty sure Mr. Smoot, in -- as part of the litigation is likely to advise his client that there may not be things that are advantageous to do to try to work it out. I don't know, that's outside our scope. But the point is that I don't know that other than having to pay Page 136 16 ~ 1 fr3 October 21, 2009 the cost of the investigation and potentially some type of a public reprimand makes sense, other than retaining jurisdiction for some purpose, whether it's probation or otherwise, to allow the court case to work out and see where it lands. So I'm just offering that. I don't have a motion to make at this point, but I'm just trying to help share with my fellow board members kind of the way this case is shaping up in my mind. CHAIRMAN JOSLIN: I agree with you totally. I think the fine that Mr. Ossorio has kind of projected is a little on the high side. Understanding that this may very well work out between the two parties, or it may well go to civil court. And in either sense of the word, the damages that we see right now is the fact that she did act without -- out of the scope of her license. And this is basically what we're basing it on. I think a fairer amount in my mind would be a $2,500 fine, $1,000 for investigative costs, and a one-year probation, providing that probation stays intact at least until she comes into compliance in Collier County with a license. If it takes her three months, after three months she'll be off probation. After being in business in Fort Myers for quite a period of time, I have conclusions that they know what they're doing. Unfortunately this job turned out to be a nightmare. It could be the rain, could be the sod, could be a lot of different things. But nevertheless, we can't make that decision under those pretences, so that's my thought. MR. WHITE: I believe the staff had sought 1,500 in investigatory. I still think the 2,500 is excessive. I mean, to me I'd much rather see a lower fine. Certainly the staff time needs to be compensated for this matter to be prosecuted and investigated. But if there's dollars going to be coming out of the respondent's pocket, I don't know what good it does necessarily as a fine to go to the county, if instead it could go to the property owners. And so that's the reason I raised the concern about the dollar amount. Page 137 Octtb~ 11, 201 .tY3 CHAIRMAN JOSLIN: The fine wasn't so much for the property owners, but for the fact that now, this is not one citation, this is the second time. MR. WHITE: Well, it's only the second time under the same set of facts. In other words -- MR. SMOOT: Same incident. MR. WHITE: -- unlike the previous case -- MR. NEALE: It's for the same incident. MR. WHITE: -- where it was two years beforehand that they'd caused a violation, this was exactly the same set of facts. They did not create the same -- there are no two separate instances, it's all the same point in time, the same yard and the same folks. Even though there are two different provisions of law. CHAIRMAN JOSLIN: Kyle? MR. LANTZ: I feel-- they've already paid $600 in fines. My opinion is they've paid their share of fines. And $1,500 for investigative fees, that's quite a chunk of change to be paying to investigate -- I mean, no offense, but it's just a lawn. Whereas a lot of the other things it's a real structural life safety thing and someone's paying $500 for -- I'm sure they spent the time investigating, but I think they're already out investigative fees and the fine, already paid 2,100 bucks. That's quite a chunk of change to me. That's plenty to be out of their pocket. CHAIRMAN JOSLIN: Recommendation? What's your thoughts? How much? MR. LANTZ: My personal opinion is they should pay the investigative fees, $1,500, and no additional penalty on top of what they've already paid, except for probation. MR. JERULLE: So we have 5,000, 2,500 and zero. MR. WHITE: I'm with zero. MR. SMOOT: Any credit for the $600 paid? MR. L YKOS: No. Page 13 8 16 I 1 A3 October 21, 2009 MR. WHITE: Separate violation. CHAIRMAN JOSLIN: Ifit goes to zero, how are we going to do that? MS. WHITE: No more than? MR. WHITE: The thing I think about the probation that still needs some work here is what are they required to under the probation. Sounds like your expectation, Mr. Chairman, is that she would get licensed and -- CHAIRMAN JOSLIN: Get a license. MR. WHITE: -- the probation would cease. CHAIRMAN JOSLIN: Exactly. MR. WHITE: That makes sense to me. And if the board's collective opinion is that they otherwise then work out the remedy between themselves in county court, I'm okay with that. And I don't know if we're close enough for anyone to want to hazard a motion or not. CHAIRMAN JOSLIN: So at the moment we're still at $1,500 for investigative costs and no fine? MR. WHITE: If you want that in the form of a motion, Mr. Chairman, I'll try. MR. JERULLE: Just again, your recommendation, Michael, was 5,000? MR. OSSORIO: My recommendation is 5,000, but 2,500 is fine. But we're in the business of providing service. You're in the business of protecting taxpayers. And I understand about restitution. But this is televised. And this lady, unfortunately Mrs. White, she was found guilty of working outside the scope of her certificate. It's a serious offense. There's no difference from the gentleman here before us and now. It's a fine. It's a punitive fine for what she did. And citation has nothing to do with it, we don't need to talk about it, but I think it should be minimum 2,500. I understand 5,000, but it Page 139 Octo~e92j, 20~ 1:3 should be 2,500, 1,500 in probation. CHAIRMAN JOSLIN: That's where I'm at. I think the 25 (sic) is a good wake-up call that maybe she won't do it again. Or if that's the case she won't have to, because if she gets licensed, then the problem's gone. I'll put it in the form of a motion. We'll give it a try. MR. L YKOS: I think 2,500's too high. She's already working on her new license, she's trying to come into compliance. It's your responsibility when you leave your -- Lee County to know about the laws of the other jurisdictions you're working in. So ignorance is not innocence -- MS. WHITE: I know that. MR. L YKOS: -- of the law. MS. WHITE: I -- as soon as this happened, I had Service Magic pull all -- anything that I knew I wasn't -- and I'm only doing irrigation down here. And I did take the test, I have to go see the county. Like I said, last night I got my test results, I missed it by two questions. I am going to go in on the 14th of next month, retake the test. It's that darn chain saw, you know, how many safety features is it to shut it off in an emergency. MR. L YKOS: The other thing I'm going to say is you commented that because there was so much mud on the sod it created gaps. MS. WHITE: It did. MR. L YKOS: Well, somebody's who's been doing sod for a long time might not have installed it knowing that the result of installing it at that point would have created gaps in the lawn. MS. WHITE: That is correct. MR. L YKOS: So, you know, to minimalize a landscaper's license that all I have to do is get a tree trimmer license and I don't even do trees, to minimalize the real experience and the real expertise Page 140 16 I 1 p<3 October 21, 2009 of people that do what you did without a license, don't come in here and trivialize to us the expertise of other people. MS. WHITE: I'm not. MR. L YKOS: It isn't as simple as getting a tree pruning license and then I can do -- lay sod. Obviously there's some experience and some education that goes along with laying sod. It isn't just getting a tree pruning license and taking the class. MS. WHITE: Absolutely. MR. LYKOS: Okay? MS. WHITE: Absolutely. And I've done very many floratam yards. I've only done two zoysia. And the last zoysia yard I did was probably seven years ago. MR. L YKOS: Well, then maybe you shouldn't do them. MS. WHITE: I absolutely wholeheartedly agree with you, sir. MR. JERULLE: All right, I'm going to try this. CHAIRMAN JOSLIN: Let's wind one up here. MR. ZACHARY: We had a motion, no second. MR. NEALE: That motion died for lack of a second. CHAIRMAN JOSLIN: Yes. MR. JERULLE: May I try a motion? CHAIRMAN JOSLIN : You can try it. MR. JERULLE: $1,500 fine -- excuse me, 1,500-- CHAIRMAN JOSLIN: Investigative. MR. JERULLE: -- investigative costs. $1,000 fine. Probation until the time she receives her license. CHAIRMAN JOSLIN: How long a period of probation? MR. JERULLE: Excuse me, one year or until she receives her license. Excuse me. MR. WHITE: Whichever occurs first. MR. JERULLE: Correct. MR. WHITE: Second. CHAIRMAN JOSLIN: Motion and a second. Discussion? Page 141 161 1 Ix? October 21, 2009 (No response.) MR. L YKOS: Call it. CHAIRMAN JOSLIN: Call for the vote. All in favor, signify by saymg aye. MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? MR. LANTZ: Aye. CHAIRMAN JOSLIN: Motion carries 6-1. Okay. MR. WHITE: Is there anything further we need to read in the record? CHAIRMAN JOSLIN: Yes. One more time. MR. JACKSON: Mr. Chairman, I have a quick question regarding the motion. Ian Jackson over here. CHAIRMAN JOSLIN: Yes. MR. JACKSON: Was there a time frame for the payment of the cost and the fine? CHAIRMAN JOSLIN: No, there wasn't. Mr. Jerulle, do you want to amend your motion? MR. JERULLE: May I amend it? CHAIRMAN JOSLIN: Yes. MR. JERULLE: I'd like to amend the motion to include a time period of 30 days to pay the fine. CHAIRMAN JOSLIN: Thirty days? MR. JERULLE: Yes. MR. WHITE: Ifnot paid, then? CHAIRMAN JOSLIN: How about the restitution and Page 142 16 j 1 k,:> October 21, 2009 investigative costs both? MR. NEALE: No restitution. MR. JERULLE: The fine. CHAIRMAN JOSLIN: The fine, I'm sorry, and the investigative costs. MR. JERULLE: And the fine of $1,000 to be paid within 30 days or revocation of license. MR. WHITE: Second. CHAIRMAN JOSLIN: You amend your second? MR. WHITE: Seconder agrees. CHAIRMAN JOSLIN: Call for the vote on the amended motion. All in favor, signify by saying aye. MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? MR. LANTZ: Aye. CHAIRMAN JOSLIN: Still goes 6-1 in favor of. Any other questions? (No response.) CHAIRMAN JOSLIN: Okay, this cause came on or before public hearing before Contractors Licensing Board on October 18th, 19th? What day is today? MR. NEALE: 21st. CHAIRMAN JOSLIN: The 21st, there we go. For consideration of the Administrative Complaint filed against Neida L. White, d/b/a Dave's Sprinkler Repair, Inc., made in accordance with Collier County Ordinance 90-105, as amended. The board, having heard at this hearing testimony under oath, Page 143 '."-"---'--~~--'---->-'----- ----~....- 16 i l-k? October 21, 2009 received evidence and heard arguments respective to all appropriate matters thereupon issues its finding of fact, conclusions of law and order of the board as follows: That Neida L. White, d/b/a Dave's Sprinkler Repair, Inc., is the holder of License No. CC31774; that the Board of County Commissioners of Collier County, Florida is the complainant in this matter; that the board has jurisdiction of the person of the respondent; and that Neida L. White d/b/a Dave's Sprinkler Repair, Inc. was present at the public hearing and was represented by counsel at the hearing on today's date. All notices required by Collier County Ordinance 90-105, as amended, have been properly issued and were personally delivered. Respondent acted in a manner that is in violation of Collier County ordinances, and is the one who committed the act. The allegations of fact as set forth in the Administrative Complaint as to Count I, 4.1.2, contracting to do any work outside of the scope of his or her competency as listed on his or her competency card, and as defined in this ordinance or as restricted by the Contractors Licensing Board. They are found to be supported by the evidence presented at this hearing. Conclusions of law alleged and set forth in the Administrative Complaint as to Count I, 4.1.2, are approved, adopted and incorporated herein to wit: The respondent violated Section 4.1.2, contracting to do any work outside the scope of his or her competency as listed on his or her competency card and as defined in the ordinance, or as restricted by the Contractors Licensing Board of Collier County Ordinance 90-105, as amended, in the performance of his or her contracting business in Collier County. By acting in violation of the section set out in the Administrative Complaint with particularity . Order of the board: Based upon the foregoing findings of fact and conclusions of law pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 90-105, as Page 144 16 I 1 A?J October 21, 2009 amended, by a vote of six in favor and one opposed, a majority vote of the board members present, respondent has been found in violation as set out above. Further, it is ordered by a vote of six in favor and one opposed, a majority vote of the board members present, that the following disciplinary actions sanctioned (sic) and related order are hereby imposed upon the holder of contractor's Certificate of Competency No. CC-31774. And that being: That Neida L. White, d/b/a Dave's Sprinkler Repair, Inc. is responsible for paying $1,500 investigative costs, a $1,000 fine, both to be paid within 30 days. If those are not paid within 30 days the license is revoked and placed on a one-year probation, or until Neida L. White or Dave's Sprinkler Repair is licensed in the trade that she is following her license. It is so ordered. MR. SMOOT: Thank you. CHAIRMAN JOSLIN: You are welcome. Good luck on the test, N eida. MR. L YKOS: Ms. White, I just want to make a quick comment. One of the issues that stuck with me a little bit was that you hired another company to do the sod. That means you were acting as a general contractor when you're not a general contractor. So even when you get your license all figured out and you're operating legally, don't hire other companies, you're not licensed to do that. MS. WHITE: I won't do that again, sir. MR. L YKOS: To me that was the reason why I supported an additional fine. When not only were you doing work outside of your own license, but then you went and hired somebody else to do work and you're not licensed to do that either. MS. WHITE: I won't do that again, sir. MR. L YKOS: I'm glad to hear that. MS. WHITE: I will get my landscape and sod license, even if I Page 145 16 J lk3 October 21, 2009 don't use it down here. CHAIRMAN JOSLIN: I would get it to get off probation. MS. WHITE: Absolutely. Like I said, I have to go see the county and go request my test again. Two questions. MR. L YKOS: Good luck. MR. ORPHAN: Thank you, gentlemen. CHAIRMAN JOSLIN: You're welcome. MR. ORPHAN: You're all very fair. CHAIRMAN JOSLIN: We try to be. Okay, any other old business? MR. WHITE: Just an update, if! may, Mr. Chairman. CHAIRMAN JOSLIN: Sure. MR. WHITE: In our last meeting there had been a discussion about me serving as the consumer representative from the City of Naples. I was interviewed by the City Council Monday morning, and I believe that they were to vote on my consideration today. And my belief is that I will be acting as the representative from the city. But we need to confirm that. And I will do so to Mr. Ossorio before our next meeting. CHAIRMAN JOSLIN: Okay. Mr. Ossorio, I've got one other case here that didn't show. Mr. Patrick H. Atchison. MR. NEALE: Atchison, yeah. CHAIRMAN JOSLIN: What do we do with this one? MR. OSSORIO: Well, you're going to leave it on your desk and I'm going to collect it and we're going to resend a notice to him. And since the respondent's not here, we're going to renotify him, give him the benefit of the doubt, and we'll see you in December with it. MR. WHITE: Would that be the same with Mr. Bain? MR. OSSORIO: Mr. Bain will have the same courtesy. CHAIRMAN JOSLIN: There's no meeting in November? MR. OSSORIO: No meeting in November. It will be in Page 146 October 21, 2009 December. MR. L YKOS: At Horseshoe, right? MR. OSSORIO: It will be at Horseshoe Drive. CHAIRMAN JOSLIN: Horseshoe Drive. Is that like on the 24th or what? MR. OSSORIO: 25th. CHAIRMAN JOSLIN: I knew you were going to say that. MR. OSSORIO: It's the 16th. CHAIRMAN JOSLIN: 16th, okay. MR. WHITE: Just as a courtesy, I think was it Mr. Green that was Gentleman Jim? MR. LYKOS: Yes. MR. WHITE: If you just would give him the courtesy ofletting him know that we're not meeting next month and that our next meeting in December is not here but rather at community development, ifhe in fact wants to follow up on the information that Mr. Neale's going to provide us, based on his research. CHAIRMAN JOSLIN: No other business? (No response.) CHAIRMAN JOSLIN: I just need a motion. MR. L YKOS: Motion to adjourn, Lykos. MR. WHITE: Second, White. CHAIRMAN JOSLIN: All in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) Page 147 161 1 ~ October 21, 2009 0 CHAIRMAN JOSLIN: Motion carries. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 :51 p.m. CONTRACTOR LICENSING BOARD ~~ RIC JOSLIN, Chairman These minutes approved by the board on presented or as corrected as Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 148 161 1 RECEIVED DEe 0 9 21m Fiala Halas Henning Coyle Coletta Board 0' C<lunty Con\ITlISSIOOflrs kq/ November 4,2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, November 4, 2009 LET IT BE REMEMBERED that the Collier County Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at I :00 PM 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: Vice Chair: William Varian Thomas Masters (Absent) James Boughton Clay Brooker Laura Spurgeon Dejohn (Excused) Dalas Disney (Excused) David Dunnavant Marco Espinar (Excused) Blair Foley George Hermanson Reed Jarvi Robert Mulhere Reid Schermer (Absent) Mario Valle ALSO PRESENT: Joe Schmitt, Administrator, CDES Judy Puig, Operations Analyst, CDES - Staff Liaison Jeff Wright, Assistant County Attorney Nick Casalanguida, Director, Transportation/Planning Gary Mullee, CDES Operations Support Manager Amy Patterson, Impact Fee Manager Misc. CoIres: Michele Mosca, AlCP, Principal Planner '.' 16 j 1 November 4, 2009 ~r I. Call to Order The meeting was called to order at 1 :09 PM by Chairman William Varian and a quorum was established. Chairman Varian read the procedures to be followed during the Meeting. II. Approval of Agenda Reed Jarvi moved to approve the Agenda as submitted. Second by Clay Brooker. Carried unanimously, 8-0. III. Approval of Minutes - October 7, 2009 Meeting Correction: . Page 3, (mid-page) reference to "Burt-Harris" was changed to "Bert Harris." Robert Mulhere moved to approve the Minutes of the October 7,2009 Meeting as amended. Second by Blair Foley. Carried unanimously, 8-0. Copies of the Minutes of the LOR Subcommittee meeting of October 21, 2009 were distributed to the Committee for their reference. IV. Public Speakers: (to be heard following Item presentation) V. LDC A. LDC Amendment 2009 Cycle 1 Section 3. 05.07 - Preservation Standards ("Native Vegetation") Stephen Lenberger noted the definition of "native vegetation" was clarified for retention of native vegetation and corrected a typo in the second sentence to remove the word "which" from the sentence. Under "Change" (5th paragraph), he added the following language for clarification: "Exceptions also have been included for landscaping and initial re-growth of native vegetation in the fallow agricultural areas." It was noted the Subcommittee had recommended approval of the Amendment pending inclusion of suggested revisions. Mr. Lenberger verified all changes suggested by the Subcommittee had been incorporated into the revised version of the Amendment. Robert Mulhere moved to approve the Amendment as presented. Second by Reed Jarvi. Carried unanimously, 8-0. (George Hermanson arrived at 1: 16 PM) Section 10.02.07 - Submittal Requirements for Certificates of Public Facility Adequacy ("School Board Concurrency") Michele Mosca, Comprehensive Planning - Principal Planner, stated the concurrency 2 16 I 1 At November 4, 2009 program had been adopted by the Board of County Commissioners in October, 2008. She further stated the revisions suggested by the Subcommittee were incorporated into the revised Amendment. She noted the grammatical changes suggested to Section 10.02.07 were made, but the language in "B. Exemptions" under #6 was clarified concerning the exemptions and the same changes were made in Section 10.04.09 - C. The Subcommittee had requested clarification of Section 6.02.09 - Public School Facilities Level of Service ("LOS") Requirements. Amy Taylor, Planner - Collier County School District, stated the State calculates the capacity for each public school which is referred to as FISH ("Florida Inventory of School I-louses"). She explained the 95% figure used in the Amendment for elementary and middle schools referred to 95% of the State-derived capacity. Discussion ensued concerning whether or not portable classrooms were included in the inventory, availability ("space") for students from a proposed new development, when schools can increase capacity, review parameters, adjacent service area, the size of the Concurrency Service Area ("CSA"), "spot" zoning, and mitigation measures. Michele Mosca requested changing the term, "Public Schools Facilities Concurrency Agreement" to "Public Schools Concurrency." (Sec 10.02.07 - Page 5) It was suggested to change the language to Item #6 on Page 6 to read as follows: "The/allowing shall be exempt/rom the requirements setfiJrth herein as related to Public Schools Concurrency. " A typographical error was noted on Page 7, under Item #7, and it was suggested to change the word "obtains" to "obtain" and to remove the comma following the word. Michele Mosca noted fees, to be established by the School District, will be assessed for each review. Robert Mulhere moved to approve the Amendment as suggested with the revisions noted on Pages 5, 6, and 7. Second by Clay Brooker. Carried unanimously, 9-0. Section 2.03.07 - Overlay Zoning Districts ("Early Entry TDR Bonus Extension") Robert Mulhere moved to approve the Amendment as presented. Second by Clay Brooker. Carried unanimously, 9-0. Section 5.04.04 - Model Homes and Model Sales Centers Robert Mulhere moved to approve the Amendment as presented. Second by George Hermanson. Carried unanimously, 9-0. Section 5.04.05 - Temporary Events Robert Mulhere moved to approve the Amendment as presented. Second by Blair Foley. Carried unanimously, 9-0. 3 16 j 1 Af November 4, 2009 Section 5.05.05 - Automobile Service Stations Discussion ensued concerning the necessity of set backs for an automobile service station attached to a commercial development as outlined on the Table Inset on Page 2, "Minimum setbacks, all structures." Robert Mulhere moved to approve the Amendment as presented and request Staff include a recommendation that the CCPC and the BCC review the side and rear yard applications where those yards are adjacent to an existing commercial development. Second by George Hermanson. Discussion ensued concerning Staff s position whether the purpose of the Amendment was to introduce a substantive change or merely to "clean-up" the existing Amendment. It was suggested to amend the Motion in the next cycle to include reviewing the setback issue. The Committee was referred to the October 2151 Minutes of the LDR Subcommittee Meeting to review Clay Brooker's motion: "Clay Brooker moved to recommend approval of the Amendment as presented and to forward it to DSAC with the .mggestion that Staff address reducing setbacks for all structures which are part of or adjacent to commercial development(s) or, in the alternative, to inform the Collier County Planning Commission and the Board of County Commissioners of DSAC's suggestion on the issue. Second by Robert Mulhere. Carried unanimously, 4-0." In summary, StafTwill present the Amendment to the Board of County Commissioners with DSAC's suggestion that the BCC direct Staff in the next Amendment Cycle to review the issue of modifying setbacks for service stations which are adjacent to commercial developments. Motion carried, 6 - "Yes "/3 - "No." Blair Foley, David Dunnavant and Mario Valle were opposed. Section 2.03.01 - Agricultural Zoning Districts ("4-H Hogs") Section 5.04.05 - Temporary Events (BCC directed) Robert Mulhere moved to approve the Amendment as presented. Second by George Hermanson. Carried unanimously, 9-0. Section 2.04.00 - Permissible, Conditional and Accessory Uses in Zoning Districts (to correct Scrivener's Error) It was suggested to change the category for 2.03.10 from "Districts under Moratorium" to "'Reserved.~' George Hermanson moved to approve the Amendment as revised. Second by Robert Mulhere. Carried unanimously, 9-0. 4 16' 1 Act November 4,2009 Section 4.02.01 - Dimensional Standards for Principal Uses in Base Zoning Districts ("Pool Pumps") Clay Brooker moved to approve the Amendment as presented. Second by Blair Foley. Carried unanimously, 9-0. Section 4.03.04 - Lot Line Adjustments The Subcommittee's recommendation was to add language to Item A- 5 to read as follows: "No net additional building area amongst the affected lots shall be created" It was noted that Staff would not recommend the change. Discussion ensued. The consensus was to table the Amendment and no action was taken. Section 10.03.05 - Notification Requirements for Public Hearings ("Extensions for Conditional Use") The LDR Subcommittee questioned whether it was necessary to hold a public hearing concerning a request for a Conditional Use extension since the Code allows a one- year extension. and a public hearing had been held previously in order to obtain the "Conditional Use." DSAC concurred that a second public hearing was not necessary. David Dunnavant moved to deny approval o/the Amendment as presented. Second by Reed Jarvi. Carried unanimously, 9-0. Section 4.02.01 - Dimensional Standards for Principal Uses in Base Zoning Districts Section 1.08.02 - Definitions Discussion ensued concerning the changes made to the Table 2.2 regarding elimination of "porches," "decks," and "elevated AIC units." The consensus was the Amendment needed more work. Robert Mulhere moved to deny approval o/the Amendment as presented. Second by David Dunnavant. Carried unanimously, 9-0. Catherine Fabacher mentioned the LDR Subcommittee needed at least one more member due to Thomas Masters' resignation. David Dunnavant and George Hermanson volunteered to serve. Robert Mulhere moved to appoint David Dunnavant and George Hermanson to the LDR Subcommittee. Second by Clay Brooker. Carried unanimously, 7-"Yes"/2- Abstentions. Mr. Hermanson and Mr. Dunnavant abstained. 5 16 j 1 ~L/' November 4, 2009 David Dunnavant requested claritication from the County Attorney's office of Sunshine Law regulations. County Attorney Jeff Wright stated if a subject was "likely" to be presented to DSAC, it should not be discussed by two or more DSAC members. Catherine Fabacher asked to schedule an additional LOR Subcommittee meeting for November 18,2009 and asked to change the time ofDSAC's December 2nd meeting from 3 :00 PM to 1 :00 PM. There were no objections to the schedule changes. BREAK: 2:55 PM RECONVENED: 3:10 PM Chairman Varian stated the "Advisory Committee Outstanding Member Nomination" application to recognize Charley Abbott's service has been completed and will be submitted to the BCC by Human Resources. VI. Staff Announcements/Updates A. Public Utilities Division Update - Nathan Beals for Phil Gramatges . The Public Utilities AUIR ("Annual Update and Inventory Report") has been accepted by the BCe. In answer to a previously-asked question, Mr. Beals confirmed that water pressure has not been lowered during the off season in the past tive years. Water pressure is maintained at 90 psi at all times. A question was asked about a Vanderbilt Beach Road pump station and exposed PVC pipe running along the road. Mr. Beals stated he would research the problem and return with an update. B. Fire Review Update - Ed Riley . No report D. CDES Update - Joe Schmitt . The final Building Permit Fee package has been prepared and will be presented to the BCC. . The 131 Fee package will be completed by January, 2010. It has been dimcult to compile the data set required to validate the fees. A question was asked about a recent newspaper article concerning local parks. Mr. Schmitt stated the land for an A TV park, which has not been developed, has been counted as 625 acres in the AUIR. Initially, it was to be built near Lake Trafford. There is a proposed joint site at the Jet Park between the County and Miami Dade. The issue is tied to the Level of Service and the problem is collection of the Impact Fees used to pay off the debt. Discussion ensued concerning reducing the Level of Service, debt service to the Water Park, and recreational facilities that are not being counted. 6 16 1 1 A~ November 4,2009 Joe Schmitt pointed out if the Level of Service ("LOS") is lowered from the adopted levels, Impact Fees will also be lowered, and the burden to pay off the debt will be carried by the General Fund. He stated the decision to build the Water Park was made in 2000. He further stated the Board's direction was to purchase beach and boat access property which was expensive. Launching facilities are being expanded on Goodland and Marco Island, at the ramp at 951. and on the Islcs of Capri. It was noted that Collier County received a grant, part of which was earmarked for "green building code" inspection training. Mr. Schmitt confirmed the funds will be used to train and certify building inspectors on the installation of solar products (plumbing and electric) at the Florida Solar Center in Cocoa Beach. Another question was asked regarding Impact Fees and excess of capacity Class A services: why have the fees remained the same as when the capacity was at a deficit? Amy Patterson, Impact Fee Manager, stated the "excess capacity" mentioned in the newspaper article referred to Regional Parks and the acreage for the proposed A TV Park which mayor may not be deeded (0 the County in the future. The actual exccss capacity is for libraries. Two were built and Impact Fees are being used to pay the debt. She explained there was a significant difference between the adopted LOS and the achieved LOS and, in order to reduce Impact Fees, a substantial cut would need to be made in the Regional Park LOS. C. Transportation Division Update - Nick Casalanguida . The DOT's official projected date for completion of the Vanderbilt Beach Bridge is December 19,2009 VII. Old Business A. Brief update on the Zoning/Engineering & Environmental Fee study - Gary Mullee . Current Zoning projects are smaller projects . For large land use projects, an hourly hybrid billing system is under consideration which would track hours . Costs could be reconciled and a rebate may be possible or additional fees due as appropriate . Approximately 25% of current projects are under-billed because the County has based operation fees on a time study conducted in 2003 . General Fund support - 40% is for non-fee related operation . A detailed request for General Fund support (subsidy) will be presented to the BCC Joe Schmitt stated the Zoning function is not self-sufficient. There may be a 25% reduction in staff in February because he will not be able to meet payroll in March, 2010. 7 16 1 1 ~~ November 4, 2009 Discussion ensued. The expectation for the Zoning Department to be self-sufficient was deemed to be "unrealistic" because Building Permit fees and Ad Valorem fees subsidized Zoning. It was suggested that hourly tracking should be reported periodically, rather than at the end of the project as done with ORIs. Gary MuIlee stated he may request a meeting of the Zoning Fee Subcommittee later in the month. (Robert Mulhere leji at 4.1 () PM) VIII. New Business A. Discuss DSAC Vacancies The following terms will be expiring: I. James Boughton ~ December 14th . Mr. Boughton stated he will submit his application for re-appointment by the next DSAC meeting 2. Clay Brooker - December 14th . Mr. Brooker's application was distributed to the Committee 3. Reid Schermer ~ December 14th . Mr. Schermer has not responded to emails regarding his status 4. Reed Jarvi ~ December 14th . Mr. Jarvi's application was distributed to the Committee The following vacancies are to be filled: 1. Charles Abbott 2. Thomas Masters Blair Foley moved to approve re-appointing Clay Brooker to DSAC and submit the nomination to the BCC for approval. Second by David Dunnavant. Carried unanimou.~ly, 7-"Yes"/1-Abstention. Mr. Brooker abstained. Blair Foley moved to approve re-appointing Reed Jarvi to DSAC and submit the nomination to the BCC for approval. Second by George Hermanson. Carried unanimously, 7-"Yes"/1-Absention. Mr. Jarvi abstained. Chairman Varian stated public notice was published for four vacancies, i.e., Charles Abbott, Thomas Masters, Reid Schermer and James Boughton. IX. Committee Member Comments (None) Next Meetin!!s: LDR Subcommittee - November 18, 2009 at 2:00 PM FuIl DSAC Committee - December 2, 2009 at 1 :00 PM (Note: time change) 8 161 1 Atf November 4, 2009 There being no further business for the good of the County, the meeting was adjourned by order of the Chairman at 4:12 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE (;)~ William Varian, Chairman The Minutes were app~ by the Board/Committee on as presented .~ or as amended . l'z.h{b <1t \ 9 ~''-'''EIVED ,,;,'\ . . " DEe 0 ( 2009 Fiala Halas Henning Coyle Coletta _ 161 1 , ~v , .- V ~ November 4, 2009 ~,\\,.,rrl (}f county CommissKUlf'..rs MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENT AL ADVISORY COUNCIL Naples, Florida, November 4, 2009 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION at the Community Development and Environmental Services Room 609/610, 2800 North Horseshoe Drive, Naples Florida with the following members present: CHAIRMAN: Dr. Judith Hushon VICE CHAIRMAN: Andrew Dickman Noah Standridge Michael V. Sorrell Patrick Peck (Excused) ALSO PRESENT: Jeff Wright, Assistant County Attorney Susan Mason, Principal Environmental Specialist Summer Araque, Sr. Environmentalist Specialist Stephen Lenberger, Sr. Environmental S~: 08il: 0 l ;)../p II D Itllm .:~[(o I I 1 --"",;p"tr, . ;v.~ ,,;. ,,_ ,..~.,__._ _""" '_.'._'__"_ ",. "o...~.~,__<.,_,"'-" ,..-,_"",_,_,,_,_',.... ._~",,~~,"~.._.__'~~W__"_"_W _....~._..,..,. ._.,.,... .-.-'__."""_.___,_,_,____ 161 1 AS COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCil AGENDA , November 4, 2009 9:00 A.M. COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ROOM 6091610 2800 N. Horseshoe Drive, Naples, Fl 34104 I. Call to Order II. RollCall III. Approval of Agenda IV. Approval of October 7, 2009 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions - none VII. New Business A. LDC Amendments 1. Preserve Dimensional Criteria 2. Conservation Mechanisms 3. Created Preserves, Supplemental Plantlngs & Off-Slte Preserve Criteria 4. Preserve Management Plans VIII. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Staff Comments XII. Public Comments XIII. Adjournment ..-......_-...**.........._...........*-......_---*-..........- General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto: and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, "_. -.- 16t 1 AS " November 4, 2009 I. Call to Order Cbairman Uusbon called the meeting to order at 9:00 AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. SorreU moved to approve the Agend4. Second by Mr. Standridge. Carried unanimously 4-0. IV. Approval of tbe October 7, 2009 meeting minutes Mr. Dickman moved to approve the minutes of the October 7, 2009 meeting. Second by Mr. SorreU. Carried unanimously 4-0. V. Upcoming Environmental Advisory Council Absences Summer Araque, Sr. Environmental Specialist noted the December and January Meetings will be held at the CDES Building, 2800 North Horseshoe Drive, Naples Florida. The December 15, 2009 Special Meeting has been cancelled and the item will be heard at the Regular January meeting. VI. Land Use Petitions None VII. New Business A. LDC Amendments Stepben Lenberger, Sr. Environmental Specialist presented the following proposed Land Development Code amendments: 1. Preserve Dimensional Requirements LDC PAGE: LDC3:35 - LDC3:36 LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: Include language to encourage the largest contiguous area possible when establishing preserves. Mr. Standridge moved to approve the( proposed) Land Development Code Amendment as presented. Second by Mr. Dickman. Carried unanimously 4-0. 2. Conservation Mecbanisms LDC PAGE: LDC3:36 LDC SECTIONilil.;. 3.05.07 Preservation Standards CHANGE: Changes made to improve the language in the LDC with regards to the requirement for conservation easements. 2 __ _ _ _...._,,~__~h,~ ~_... - ~'-., -.' -~<"-'----""~-"" ' ",..-,.----. "- -------_.,._,._-,-~..,.__.- 161; 1 ~s November 4, 2009 Discussion occurred on thc wording in Section 3.05.07.H. I .d (on page #3, last paragraph,) which states" Oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein. " It was noted these activities may have negative impacts on Preserves. Stephen Lenberger read Section (V)(Vn Policy 1.1.6 of the Coastal Conservation Growth Management Element of the Growth Management Plan into the record which further addressest the activities: "In those areas of Collier County where oil extraction and related processing is an allowable use, such use is subject to applicable state and federal oil and gas permits and Collier County nonenvironmental site development plan review procedures. lJirectional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FA.C, as those rules exist on the effective date of this amendment to the Collier County Comprehensive Plan, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). FA.C All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FA.C For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as setforth in Section 377.42. FS., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C even if outside the defined Big Cypress Watershed. All access roads to oil and gas uses shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)( a)(l) through (I2). F.A. C " To asssist in minimizing impacts on sensitive areas, the Council recommended the above Section of the Growth Management Plan be cross referenced in the proposed amendment, so entities engaged in the activities are aware ofthe requirements, Chairman Hushon moved to approve the proposed Land Development Code Amendment as presented subject to the language in Section 3.05.07.H.I.d, addressing "Oil extraction and related processing... ", cross reference the Growth Management Plan, Coastal Conservation Management Element Section (V)(VI) Policy 1.1.6.." Second by Mr. Sorrell. Carried unanimously 4-0. 3 161 November 4, 2009 3. Created Preserves, Supplimental Plantings & Off-site Preserve Criteria LDC PAGE: LDC3:36 - LDC3:38 LDC SECTION(]): 3.05.07 Preservation Standards CHANGE: Amend criteria for the crcation and restoration of native vegetation. Include criteria for off-site native vegetation retention alternatives. Discussion occurred on the on-going status of Conservation Collier, (one of the possible recepients of donated land) and if the Program exists into "perpetuity. " Jeff Wright Assistant County Attorney noted the funding for acquisition is subject to voter referendum, however the Program has endowment funds for maintenance into perpituity. Discussion occurred if any non-governmental agencies were considered for the land or monetary donation process (Aud~bon Society, Conservancy of Southwest Florida). Some of the organizations may be more suited for particular types of parcels (potential land to be donated may be adjacent to holdings of these organizations, etc.) It was noted for monetary donations, Conservation Collier may be best suited for the activity, as the Program already has an active acquistion program in place. Stephen Lenberger noted Staff did not heavily consider non-governmental agencies participation in the process, as it was not proposed by Stakeholders during the public meetings. Mr. Dickman moved to approve the proposed Land Deveiopment Code Amendment. Second by Mr. Standridge. Carried unanimousiy 4-0. 4. Preserve Management Plans LDC PAGE: LDC3:38 - LDC3:39 LDC SECTION(SJ: 3.05.07 Preservation Standards CHANGE: Implement requirements ofthe GMP with regard to preserve management plans and how they address natural diversity, stormwater management and agency approved listed species management plans. Discussion occurred on Section 3.05.07H.l.g.vii regarding where the required monitoring reports are filed. Stephen Lenberger, noted the County has the right to inspect Preserves at any time and the landowner is required to complete an annual inspection and report. If Staff encounters a problem on an inspection, Staff may request the report from the landowner who is to keep the reports for 5 years (as provided 4 --,-_.,-;~-~,,,,,,,,",,.........-----_.....,.- ----.,.,----.,.-.- .. 1 irS --- ,__..__",_'"h_ 161 1M November 4, 2009 in Section 3.05.07H.1.g.ix). Any violations are forwarded to Code Enforcement for action. The Council and Staff noted if any homeowner within an Association identifies a potential violation in management of a Preserve, the individual may report it to Code Enforcement for any necessary action. If the amendment is formally approved, (by the Board of County Commissioners) the Council suggested Staff consider notifying Homeowner Associations of any changes which may affect them. Mr. Dickman moved to approve the proposed Land Development Code Amendment as presented. Second by Mr. Standridge. Carried unanimously 4-0. VIII. Old Business A. Update members on projects Cbairman Husbon reported on the Mirasol Development Permit - a Federal Judge declared the Biological Opinion invalid and remanded it to the USFWS; the Environmental Assessment invalid and remanded to the US Army Corp of Engineers; the Section 404B permit was revoked and declared invalid. Summer Araque noted Staff was aware of the decision and there are no Development Orders filed for the project at this time. Discussion occurred if changes are made in Biological Opinions, Environmental Impact Studies, etc., will the EAC be required to review any revised applications. Susan Mason, Principal Environmental Specialist noted without specific details on any changes in the Opinions, Assessments, EIS's, etc., Staff cannot make a determination if a new EAC review will be required. If any Development Orders are filed, Staff will make a determination at that time. The Council requested Staffprovide a Report to EAC members ifany requests ftrDevd~mmtOMosa"flkdftrffleM"~~Devd~mmt Summer Araque reported: · The BCC heard reports on the Jones Mine Conditional Use. · The BCC approved the Taormina project on September 26,2009. · The Habitat Conservation Plan Advisory Committee has been renewed. IX. Subcommittee Reports None X. Council Member Comments The Council requested an update on the status of the proposed Collier County School Board District Transportation Facility on Desoto and 6" in Golden Gate. 5 161 November 4, 2009 XI. Staff Comments None XII. Public Comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 10:15 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL l These Minutes were approved by the Board/Chairman on as presented , or as amended ../ 0<. C- _:1/ AYe 1 , ' 6 1 ft'6 161 1 ./tit J 130ard of County Commissionafs C~er County ~ ~-~ .,~ Community Development & Environmental Services Division Engineering & Environmental Services Floodplain Management Planning Committee Fiala Halas Henning Coyle Coletta -- . D~ RECEIVED JAN 0 5 2010 :"-;;; lit >/ f~(i) Ray Smith, Chairman Phillip Brougham Pierre Bruno Bob Devlin (Marco I.) Joseph Gagnier Christa Carrera (Naples) Brooke Hollander Lew Schmidt Dan Summers Jim Turner Carolina Valera Terry Smallwood <Everglades City) John Torre, Vice-Chairman Stan Chrzanowski Jerry Kurtz Travis Gossard Mac Hatcher Adoni Kokkinos Herb Luntz Clarence Tears Duke Vasey Christine Sutherland Meeting Minutes for 6-1-09 Regular Meeting Start: 9:00 a.m. End: 10:47 a.m. Location: 2800 N. Horseshoe Drive, Room 609 Meeting Attendance: Ray Smith, Carolina Valera, Jerry Kurtz, John Torre, Mac Hatcher, Stan ChrzanowsId, Brooke Hollander, Christine Sutherland, Ananta Nath (substitute for Clarence Tears), Duke Vasey, Phillip Brougham, Lew Schmidt, Bob Devlin, and Robert Wiley. Absent: Dan Summers (Excused), Jim Turner (Excused), Travis Gossard (Excused), Adoni Kokkinos, Herb Luntz, Joseph Gagnier (Excused), Pierre Bruno (Excused), Christa Carrera, and Terry Smallwood. Meeting called to order by Ray Smith, Chairman. OLD BUSINESS: I. Approval of minutes for the 4-6-09 Regular Meeting - Motion to approve by Ray Smith subject to amending Item 2 under New Business to delete the last two sentences and addition of new language; motion passed unanimously. 2. Flood Damage Prevention Ordinance follow-up discussion - Robert Wiley discussed the Development Services Advisory Committee (DSAC) vote to recommend the ordinance for approval subject to removal of the cumulative substantial improvements, reduced cumulative substantial improvements threshold, and freeboard sections. The FMPC discussed the need for freeboard and a motion was made to ask DSAC to have a representative come and explain scientifically why cost is a valid justification to remove the freeboard regulation. This motion was not seconded. Further discussion left the issue for staff to notifY DSAC that their position will be presented to the Collier County Planning Commission (CCPC) and they are welcome to come and defend it. Staff is trying to schedule an evening meeting with the CCPC in June for the ordinance review. Page I on IlBm .: "~!"1;~~ tel 16~ 1 Ale NEW BUSINESS 1. Review of the Floodplain Management Plan Progress Report for 2008 - Ray Smith asked for comments or recommended editing of the Progress Report page by page. Duke Vasey recommended that information on different design storm events be added to the Flood Damage Prevention Ordinance, etc. Phil Brougham motioned to revise the 2009 Action Plan Item C-I0 [5(c)(i)] to read as follows: Initiate discussions with the Big Cypress Basin/South Florida Water Management District to define the issues regarding excess fresh water runoff from the Main Golden Gate Canal into Naples Bay, including the cities of Naples, Marco Island and Everglades City. and develop an action plan to address needed corrective actions (e.g. preliminary engineering ancl environmental design study for diverting a portion of the flow from the Main Golden Gate Canal to the northern Belle Meade or southem Golclen Gate Estates areas, funcling, lancl issues, long term goals. capital projects, etc.). The motion passed unanimously. Upon completion of the page by page review, Ray Smith motioned for approval of the Progress Report, as amended. The motion passed unanimously. 2. Selection of a 2009 public meeting schedule to discuss the Floodplain Management Plan and request input from local residents - Robert Wiley provided a spreadsheet of locations previously used for these evening meetings. The Committee asked that the Immokalee site be relocated to the Career and Service Center if it was available. Ray Smith polled the Committee on consensus for each of the seven sites, with the top five vote getters being the five selected sites. The Committee voted for the following locations and Robert Wiley will make the contacts to schedule the meetings in July. . G.G. Estates Fire Station . Career and Service Center (Immokalee) . Mackel Park (Marco Island) . Central Avenue Library . St John the Evangelist Church Following the polling, Duke Vasey motioned to accept these five sites and the motion passed unanimously. 3. Public Comments - . There was one County Stormwater Management employee attending the meeting as a visitor. . Phil Brougham requested that staff present the Floodplain Management Plan evaluation and scoring process with the Insurance Services Office (ISO) and the Federal Emergency Management Agency (FEMA). . John Torre asked about the published notice that Travis Gossard had placed wherein he identified 252-8924 as the telephone number to call for drainage problems. Robert Wiley explained that is the Road Maintenance Department main number and they receive all drainage complaint calls. That is a different issue than the Action Plan's item to establish a single point of contact for drainage problems. Road Maintenance only handles their public systems of swales and canals, not drainage problems within developments. . Phil Brougham asked if there was any response on FEMA's review of the County Attorney's opinion of the Floodplain Administrator's responsibility to review Page 2 on 16J Transportation Division projects in the floodplain. Robert Wiley responded that no FEMA response had been received. Next Meeting (Monday, July 6, 2009 starting at 9;00 a.m, in Room 609 of the CDES building located at 2800 North Horseshoe Drive, Naples, FL 34104) Ray 'th, Ch . ~~e~coorWnator Page 3 of3 1}(P 161 1 ~\ FOREST I "'K'I^'C' -J;~ _ _ _ _ :~.2-" RO\I)W,\" ''\III)1{\I'\ \(,1 \1.'-1 I. ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 November 18, 2009 Aaenda I. Call to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - October 14, 2009 V. Transportation Services Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard, Chris Tillman! Malcolm Pirnie VI. Old Business A. Drainage Structure between MSTU and downstream Golden Gate Structure - AMIL Gate VII. New Business VIII. Public Comments IX. Adjournment Next meetin~1 is December 9. 2009 at 10,00 a III CC Transportation Building 2885 Horseshoe Drive South Naples FL 34104 Copies to: 161 :1 ~\ Ff)REST LAKES RO \1)\\.\ \ \~B DR.\IN \('1' \I.S.11 ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 October 14, 2009 Minutes I. Call to order Meeting was called to order at 10:09 a.m. by Robert Jones. A quorum was established. II. Attendance Members: Harold Bergdoll, William Seabury, George Fogg, Robert Jones, Virginia Donovan (Excused) County: Tessie Sillery-Operations Coordinator, Darryl Richard-Project Manager, Caroline Soto-Budget Analyst, Pam Lulich-Manager Landscape Operations, Michelle Arnold-Director ATM Other: Chris Tilman-Malcolm Pirnie, Thomas Roadman-Malcolm Pirnie, Scott Windham-Windham Studios, Jim Carr-ABB, Darlene Lafferty- Mancan III. Approval of Agenda Add: V. C. BVO (Best Value Offer) Report VII. A. Golf Course and Resident Items George Fogg moved to approve the agenda as amended. Second by Harold Bergdoll. Motion carried unanimously 3-0. IV. Approval of Minutes - September 9,2009 George Fogg moved to approve the September 9, 2009 minutes as submitted. Second by Harold Bergdoll. Motion carried unanimously 3-0. V. Transportation Services A. Budget Report - Caroline Soto reviewed the following: (See attachments) September 30, 2009 end of FY09 Report o Available Operating Expense $221,219.48 o Available Improvements General $1,673,359.06 o Open P.O. $429,675.92 were rolled into FY10 Budget 1 161 1 ~1 October 14.2009 Budaet ReDort o Projected Ad Valorem Tax $205,500.00 o Anticipate Investment interest will be higher than Budgeted amount of $30,000.00 o P.O. paid to date $67,605.17 (Operating Expense and Improvements General) BVO (Best Value Offer) ReDort .. BVO #8-5060-3 Project (F-58) Sidewalks, Lighting Improvements, and Roadway Tree Plantings o Windham Studios was chosen by the BVO Selection Committee o Sub Consultant Engineer Services by ABB and TR Transportation were included in the Proposal Scott Windham stated creating an experience for Residents in addition to functionality and safety is the goal. William Seabury arrived 10:25 a.m. Darryl Richard noted Windham Studios BVO $74,946.00 for Consulting Design Services is an acceptable bid according to Contract rates. George Fogg moved to approve up to $80,000.00 for Design Services for sidewalks, lighting, and tree planting. Second by William Seabury. George Fogg noted additional items may be needed for the (2) entrances during the Project. Motion carried unanimously 4-0. .. BVO #8-5060-3 Project (F-60) Forest Lakes Blvd. cul-de-sac Improvements o Project was awarded to Windham Studios by the BVO Selection Committee George Fogg announced a revised Scope is forthcoming due additional prototype solutions for Cul-de-sacs was requested during the BVe selection. Darryl Richard requested approval for additional funds (above $11,256.00 BVe Proposal) for the revised Scope. George Fogg moved to allocate (funds) not to exceed $19,000.00 for Cul-de-sac development plans. Second by Harold Bergdoll. Robert Jones questioned if restricting large trucks in Cul-de-sacs was possible. 2 161 1 f,Y\ Darryl Richard will advise Waste Management of large vehicle restrictions in Cul-de-sac area within Forest Lakes. After much discussion it was suggested to hold a Public meeting to advise Residents of large vehicle (delivery truck) restrictions in Cul-de- sac area. Motion carried unanimously 4-0. Michelle Arnold requested status on Project (F-53) Quail Run Lake Shoreline Restoration and Stabilization. Chris Tilman reported the following: o Anticipated receiving Geotechnical Report (bore samples) by 10/21/09 o Structural and CAD personnel are drafting standard Wall cross sections and composing Engineering notes o Survey is complete o Out to bid target date-end of October 2009 Discussions developed on the AMIL Gate and the following information was given: o Corp of Engineers approval is not required o An exemption was requested to conduct work as Maintenance Project o Historical data on the Gordon River extension was supplied to the SFWMD (South Florida Water Management District) as requested o Draft Easement documents were submitted to Royal Poinciana and Country Club of Naples-negotiations are underway o ASS Engineer-Royal Poinciana is amiable to opening the channel Harold Bergdoll expressed dissatisfaction with RWA field crews. He noted the required check in procedure is not followed. Additionally field crews are setting up equipment in the middle of the fairway. Darryl Richard and Chris Tilman will meet with RWA crew leaders and field crews. B. Project Manager Report - Darryl Richard I Chris Tilman - Malcolm Pirnie - The Forest Lakes Master Project List was distributed. (See attached) Proiect No(s) 3b. 3c. and 5 o Items are closed o Completed cost $160,374.00 o Proposed Storm Water System Naming Convention -Aerial Map was distributed and reviewed (See attachment) o Lakes and Swales were named for adjacent fairways o Direction of water flow is indicated on the map 3 16~ 1 ~1 Discussions ensued concerning excessive water in front of 14S spreading onto the fairway. It was concluded the installation of a yard drain to direct water from 14S to Lake 14 was the solution. Proiect IF-53) Quail Run Lake Shoreline Restoration and Stabilization- Previously discussed under V. A. Discussions developed concerning rip rap and sod installation along Lake(s) edge Installation of sod down to DHW (design high water) is preferred by the Committee. Proiect IF-62) Maintenance Dredaina of Lake 9 & 14 o BVO (Best Value Offer) due 10/16/09 o Expanded Scope to include Installation of mixing aerators (due change over to reclaim water) o Suggested future installation of aerator in Lake 5 once power is established Proiect IF-63) Property Line Wall Alona Woodshire Lane o 15 ft. easement was granted by Naples Bath and Tennis o Wall will be installed within 15 ft. easement of Naples Bath and Tennis allowing ample room for sidewalk installation (Forest Lakes) o Wall height 8 ft. o After initial painting (by MSTU) Naples Bath and Tennis will maintain wall Chanae Order Proiect No. {F-53J-for Malcolm Pirnie Bulkhead design and additional field time $67,550.00 was distributed and reviewed. (See attached) George Fogg moved to approve Malcolm Pimie Contract addition for (Project) F-53 not to exceed $70,000.00. Second by Harold Bergdoll. Motion carried unanimously 4--0. Darryl Richard reviewed Project No (F-45 & F-50) Earth Tech Change Order $37,924.43. (See attached) It was noted majority of the cost was due curbing fill and installation of catch basin. George Fogg moved to authorize additional Project cost (F45 & F- 50) $37,924.43 to Earth Tech. Second by William Seabury. Motion carried unanimously 4--0. Draft Master Facilities Maintenance ScoDe-1 year Maintenance Contract with up to 3 renewals. (See attached) Harold Bergdoll reported the sign lighting (by the clubhouse) is inoperable. 4 161 1 ~\ George Fogg suggested including Landscape Maintenance for both entrances of Forest Lakes in the Maintenance Contract. George Fogg moved for the MSTU to assume Landscaping and Maintenance of the two entrances to (Forest Lakes) development. Second by Harold Bergdoll. Motion carried unanimously 4-0. Chris Tilman requested Committee comments on the Maintenance Contract. C. BVO (Best Value Offer) Report-Previously discussed under V. A. VI. Old Business A. Drainage Structure between MSTU and Downstream Golden Gate Structure - AMIL Gate - Chris Tilman distributed a letter sent to Bill Foley-SFWMD (South Florida Water Management District.) (See attached) B. November meeting date-Scheduled for November 18,2009. VII. New Business A. Golf Course and Resident items Harold Bergdoll distributed a letter submitted by a Forest Lakes resident concerning standing water between (2) homes on Forest Lakes Blvd. (See attached) VIII. Public Comments - None IX. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 12:39 A.M. Forest Lakes Roadway and Drainage MSTU Advisory Committee ~~ an Robert Jones, Ch These minutes aRJ;lroved by the Committee on j 1- I Q - () I) as presented IJ or amended . Next meeting is November 18, 2009 at 10.00 a.m. CC Transportation Building 2885 Horseshoe Drive South Naples. FL 34104 5 ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 16i 1 ~-q// I ,j-, !~ECEI\JED DEe 1 1 2009 .............-...,., ~ c'\........ t"JKt';~! ;'{('\.D\\ ,'\\~n nH\~~ \i .. Ja.I >r r'" (-.~ I /\" r ;" I ' Fiala Or- i ~ Halas TI~ Henning_ -r '-J y/ g~r~~a -rd 'l AI \ .. f?~:q. of County GornrrussJoners . SUMMARY OF MINUTES & MOTIONS October 14,2009 III. Approval of Agenda Add: V. C. BVO (Best Value Offer) Report VII. A. Golf Course and Resident Items George Fogg moved to approve the agenda as amended. Second by Harold Bergdoll. Motion carried unanimously 3-0. IV. Approval of Minutes - September 9,2009 George Fogg moved to approve the September 9, 2009 minutes as submitted. Second by Harold Bergdoll. Motion carried unanimously 3-0. V. Transportation Services A. avo (Best Value Offer) Report Windham Studios was chosen by the BVO Selection Committee for BVO #8-5060-3 Project (F-58) Sidewalks, Lighting Improvements, and Roadway Tree Plantings in the amount of $74,946.00. George Fogg moved to approve up to $80,000.00 for Design Services for sidewalks, lighting, and tree planting. Second by William Seabury. It was noted additional items may be needed for the (2) entrances during the Project. Motion carried unanimously 4-0. BVO #8-5060-3 Project (F-60) Forest Lakes Blvd. cul-de-sac Improvements_was awarded to Windham Studios by the BVO Selection Committee. It was noted a revised Scope is forthcoming and approval for additional funds (above $11,256.00 BVO (Proposal) for the revised Scope was requested George Fogg moved to allocate (funds) not to exceed $19,000.00 for Cul-de-sac development plans. Second by HatliJld:B8lJgdoll. Motion carried unanimously 4-0. Date: Item # 1 r. "':l!es to: 16j BVO # 08-5060-4 Forest Lakes MSTU Bond Project F-60 Forest Lakes Boulevard Cul-de-sac IIllDrovements 1 ~\\ September 25, 2009 . ',~"i~('.'''''"'- i'?;>,,'<-t"'"\. CoUley County .q"_/"":- .z,,:::. Collier County Purchasing 3301 Tamiami Trail East Naples, Florida 34112 Attention: Purchasing Director BVO #08-5060-3 Forest lakes MSTU Bond Project F-60 Forest lakes Boulevard Cul-de-sac Improvements Due Date: September 25, 2009. no later than 2:30 PM Understandina of proiect and reauired deliverables We understand this project to be both aesthetic and functional to provide both consistent landscape character throughout these Forest Lakes neighborhood streets with needed functionality for trash collection. Proiect Scope The scope of this project consists of a detailed site investigation of the cul-de-sacs to evaluate existing landscape features in relation to the county supplied site survey base plans and format and update as necessary to produce generally current base maps for design purposes. We will then prepare typical conceptual cul-de-sac island plans for presentation to the MSTU Committee. CA TM Project Manager and MSTU civil engineer for review and consideration. These will be illustrative for clarity and ease of communication of the standard island dimensions. proposed landscape designs and waste collection pads. We anticipate completing 2-3 typical landscape designs which could be alternated throughout the 22 cul-de-sacs for variety and interest while maintaining themed repetition. The cul-de-sac islands will accommodate 2 waste containers per cul-de-sac residence blended with a modified Type 'F' curbing and the overall island aesthetics as a planned design component. Once approved. we will commence with typical cul-de-sac island construction drawings preparation which will involve a series of 30%.60% and 100% plan set submittals to the CATM Project Manager and MSTU civil engineer for review and comment. Upon receipt of review comments. we will modify the plans as directed for each subsequent submittal until 1 00% complete. We will attend the monthly MSTU Committee meetings throughout this project scope of services where we will present status reports of project progress including opinions of probable cost at the 60% and 100% stages. Existino Conditions and Considerations Upon our initial field review. we identified several site conditions which will be carefully considered during the cul-de-sac landscape design process. All of the cul-de-sac islands drain to the outside of the cul-de-sac streets with the islands being the high points. A few of the cul- de-sacs contain mature shade trees which have aesthetic value if they can remain. The cul-de- sacs contain a great variety of landscape design elements which will be evaluated for appropriateness with the new typical designs. For the most part. these elements did not appear to be note worthy for preservation and incorporation into the new designs. 1 BVO # 08-5060-4 Forest Lakes MSTLJ Bond Project F-60 Forest Lakes Boulevard Cul-de-sac lmorovernents 1 f'\1 Team Strateqv Due to the observed consistency of the 22 cul-de-sacs' general drainage configuration and layout. we do not anticipate stormwater changes and so foresee minimal civil engineering design services on the project. Windham Studio wiil prepare the typical conceptual cul-de-sac plans, typical cul-de-sac layout and dimension plan and typical cul-de-sac planting plans and specifications. Agnoli Barber and Brundage wiil provide minor supplemental details and specifications for the cubing as needed. Exoerience and Exoertise Windham Studio. Inc wiil act as the prime consultant for this scope of services. We have enjoyed a positive relationship with the Coilier County DOT and A TM staff over the past 4 years and have completed 10 successful Roadway Beautification projects together. We are currently designing Radio Road Phase 3 together with the Radio Road MSTU which involves attending the monthly MSTU meetings, preparing and presenting monthly status reports, plans I specifications and budget estimates. We are familiar with the staff review process and always prioritize response to comments as time sensitive and essential to maintaining project flow. We are also weil versed in private residential community development and amenities design as profiled below. We approach this scope of services as a natural extension of this proven expertise in successful roadway corridor development and residential amenities planning. Scott Windham. Owner of Windham Studio, Inc will act as the team leader for this scope of services. Scott has practiced landscape architecture in southwest Florida for 19 years foilowing receipt of his BLA from the University of Florida in 1990. He has been a registered landscape architect in the state of Florida since October 1994 (LA 000-1516) and maintains a Corporate Landscape Architecture Business License as weil (LC 26000365). Please see (Exhibit B) Letter of Recommendation. Scott Windham has provided landscape architectural design services on the foilowing successfuily completed projects In addition to others: . Tarpon Bay, Naples (2000-2002): WCI Communities. Inc. . Conceptual design, design development, construction drawings through construction observation I administration of ail community hardscape and landscape amenities including entrance signage monuments, sidewalks and crosswalks, clubhouse and community amenity center, lighting. entry. streetscape and common area landscape, unit typical hardscape and planting design for multifamily and viila homes . Tuscany Reserve, Naples (2003-2007): WCI Communities, Inc. . Design development, construction drawings through construction observation I administration of ail community hardscape and landscape amenities including entrance signage monuments. 4 roadway water features. 6 sub neighborhood entrance signage monuments, lighting. sidewalks and crosswalks. entry. streetscape and common area landscape. clubhouse, unit typical hardscape and planting design for multifamily 2 BVO # 08-5060-4 Forest Lakes MSTU Bond Project F~60 Forest Lakes Boulevard Cul~de-sac Irnnrovements 1 ~~ . Bay Colony Streetscape Refurbishment, Naples (2004-2007): Bay Colony Community Association . Conceptual design. design development. construction drawings through construction observation I administration of streetscape hardscape and landscape amenities including entrance pilaster/gates, sidewalks, crosswalks, decorative precast wall features, lighting, streetscape and common area landscape. Documentation of Previous Excellence Residential Communitv Development Proiects: Scott Windham completed conceptual design development. code minimum plan preparation and coordination, project management and client presentations. construction drawings and construction administrationlobservation (where applicable) on the following projects. The projects included entrance signage and monumentation, ornamental gates, various high detail water features. sub neighborhood signage monumentation. neighborhood parks and piazzas. waterfront promenades, sidewalks. bridges. clubhouse amenities and all related common area planting and lighting design. . Tuscany Reserve (WCI Communities) Naples, Florida (2003-2007) . Bay Colony Streetscape Refurbishment (Bay Colony Community Association) Naples, Florida (2004-2007) . Tarpon Bay (WCI Communities) Naples. Florida (2000-2002) . One Singer Island (WCI Communities) Singer Island, Florida (2004-2006) . Copperhead Golf and Country Club (EH Building Group) Ft. Myers. Florida (2005-2006) . River Club (DR Horton America's Builder) Port Charlotte, Florida (2005-2006) . The Villas at Venezia (Mediterranean Homes) Ft. Myers. Florida (2006-2007) . The Estates at Entrada (EH Building Group) Ft. Myers. Florida (2005-2006) (Un-built) . Main Street Village (SH Communities) Ft. Myers. Florida (2007-2008) (Un-Built) Collier County Roadwav Beautification Proiects: Scott Windham completed conceptual design development, project management and client presentations, opinion of probable cost estimates, planting and irrigation construction drawings and construction administrationlobservation on the following projects. . Livingston Road, Phase IV (Immokalee Road to Lee County Line) 3.5 Mi, 7/05 . Livingston Road (VBR to Immokalee Rd) 2 Mi, 3106 . Golden Gate Parkway (Livingston to 66'h St and 60th St to Santa Barbara Blvd) 1.5 Mi, 1/06 . Golden Gate Boulevard (Phase I) 1 Mi, 7/05 . Golden Gate Boulevard (Phase II) 2 Mi, 10/06 . Golden Gate Boulevard (Phase III) 2 Mi, 10/07 . Livingston Road Effluent Conversion (Carlton Lakes to Lee County Line) . Bayshore Drive Effluent Conversion (US 41 to Thomasson Dr), 11107 . Vanderbilt Beach Road (Phase I and II. Airport Rd to Collier Blvd) 4,8 Mi (Under construction) . Immokalee Road (Phase II and III. 1-75 to Collier Blvd) 3.5 Mi (Under construction) . Radio Road (Phase III. Airport Rd to Livingston Rd) 1 Mi. On-Going 3 161 BVO # 08-5060-4 Forest Lakes MSTU Bond Pl'Oject F-60 Forest Lakes Boulevard Cul-de-sac ImDrov8ments Ability of Firm to meet schedule reauirements In an effort to control and manage the project design schedule, as primary client contact and team leader. Scott Windham will plan for and prioritize the Forest Lakes MSTU monthly meetings and preparation for them within Windham Studio's overall man hour allocation schedule. Windham will also coordinate a series of sub meetings with ABB to strategize the 30%. 60% and 100% plan submittals to include appropriate responses to staff and committee review comments. Windham Studio has had a history of success in meeting project timelines on prior projects. Our current and projected workload allows us the flexibility to prioritize tasks and shift our available resources as needed to accommodate this project. We look forward to the opportunities and challenges ahead and to deliver this project successfully. I FOREST LAKES MSTU BOND PROJECT F-60 SCOPE OF SERVICES TASK 050. Project Management 050.1 Attend Forest Lakes MSTU Advisory Committee Meetings 050.2 Submit Plans to CATM Project Manager (30%.60%. 100%) 050.3 Meet with CATM Project Manager and MSTU civil engineer to review plans (30%, 60%) 050.4 Subconsultant coordination (Plan review / coordination. site review, status reports) 050.5 Prepare Opinion of Probable Cost (60%. 100%) and Bid Tabular (100%) TASK 100. Landscape Island Design (Construction Documents) 100.1 Base Map Formatting and Site Investigation 100.2 Conceptual Typical Cul-de-sac Designs 100.3 Typical Cul-de-sac Layout and Dimension Plan (30 %. 60%, 100%) 100.4 Typical Cul-de-sac Planting Plans (30 %, 60%, 100%) 100.5 ABB. Supplemental details and specifications (30%, 60%,100%) 4 1 k1 161 1 k\: BVO # 08-5060-4 Forest Lakes MS ru Bond Project F-60 Forest Lakes Boulevard Cui-de. sac Imorovements BVO OFFER BOARD OF COUNTY COMMISSIONERS Collier County Government Center Naples, Florida 34112 BVO #08-5060-3 Forest Lakes MSTU Bond Project F-60 Forest Lakes Boulevard Cul-de-sac Improvements The undersigned. as Offeror, hereby declares that he has examined the Scope of Services. requirements and schedule and informed himself fully in regard to all terms and conditions pertaining to the project. Addenda received (if applicable): #1_L, #2_X-_. #3_X-_ The service to be furnished by us is hereby declared and guaranteed to be in conformance with the Scope of Services. The undersigned do agree that should this offer be accepted, to execute the work order. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 25th day of September, 2009 in the County of Lee, in the state of Florida. Windham Studio. Inc. Firm's Complete Legal Name (Circle one): Corporation Phone No. (239) 390-1936 FAX No. (239) 390-1937 E-mail:scott@windhamstudio.com 8891 Briqhton Lane Address Bonita Sorinqs. Florida 34135 ::''"~ ~n__ Written Signature Scott D. Windham. President Typed Name and Title 5 1 ~\ BVO # 08-5060A Forest Lakes MSTU Bond Project F-60 Forest Lakes Boulevard Cul-de-sac Improvements Letter of Recommendation Board of GooeTllDTS E..;NIiwCOIlII'.;u.", PetllMml:el rn,iJrnt KJtt'ln~rg Vi<< ~Jidmt L.J.Schuc::nwc:tttr s.",,,", Bol.M...hk.n TTUbWTcr MSc:mlnn Th~ Bilmwrc Door; D1rJ,.,rth Triutol G~ Thoma!l Dim,",o Ba,.Co1Dn,Share.i Rob McDou1t1d Brigbwll Bdl M<:Comtid: Tin- CarE,lk Ronald A. Porw c....~ hlM.\Ot:.f'1iag TkF.l;l.2U:l. Sll:\'cWysc Mawiart 1~ p.Jma. T,~,yVllll:tll: TheM4Tql&eW luhnBrJlI ~lWnlngtoll Cnnld K. N('R\,oll>. So""'" Kathb.nFabdl TbeSa.vtd t:llctK.Cohen Tlllctlllfl mCtFriilily Vii.! l.d PallM F~I.~.i v_ """,E= TM Wi.w", ~B1IuS~19]Y May 26, 2009 Re: Regarding Windham Studio, Inc. To Whom It May Concern: As the General Manager of Bay Colony. I oversee the operations of this exclusive community of nearly 1,000 residences including the tennis club. golf course, beach club and a variety of resident services. This encompasses the general maintenance of the community streetscape and common areas to protect and enhance the ongoing investment of the residents at large. From 2004-2007, Scott Windham of Windham Studio was Instrumental in preserving the inherent value in this community through thoughtful design and project management services. As prime consultant. Scott and Windham Studio coordinated the design and construction of a multimillion doilar refurbishment of the primary community entrance and gate house, Bay Coiony Drive and related common areas including extensive hardscape design of decorative metel entrance gates, pilasters, walls, decorative paving, landscaping and landscape lighting_ To complete Ihese services, Windham assembled a team of sub consultants to bring expertise to every facet of the project inctuding Humphrey Rosal Archftects for the gate house design, Agnoli Barber and Brundage for the civil engineering and Frank Kitchener, our then Manager of Grounds and Maintenance for the sustainable landscape design strategies. I have found Scott Windham fo be a capable design professional, knowledgeable In current trends, effective and well versed in team coordination. Scott is available. communicates readily and responds efficiently to project demands, adhering to predetermined schedules. I highly recommend Scott and Windham Studio Inc. fur this consulting and design service. M' A. Ne on, GGM. CAM CEOi, neral Manager Bay Colony Community Association 8100 BAY CoLONY DRIVE' NAl'l6S, Fi.0llIDA 3H 08. ng.5gl-Z202 . FAX 239.591-1685 . www.bay-mlony.org 6 161 1~'\ BVO # 08-5060-4 Forest Lakes MSTU Bond Project F-GO Forest Lakes Boulevard Cul,de-sac Imorovernents Letter of Recommendation COlLIER COUNTY DIVISION OF PUBLIC SERVICES Parb and RccfCaril>!1 [)L'p;tnmClll 1.'1llllIJ I.n-ill!-C"II ,ll !{, l:\d . :\apk~. j.h,nd;\,-! I (I!) . Ph, ,m- .:2.'\1); 2~.1.-l(JlIlI . I'-ax .2,),)) 31.I-K6:=i- \\d):,ifl': C< dli<T~' ~Y.I1l'1 May 15. 2009 To Whom It May Concern: I would like to take a few moments to provide my comments regarding Agnoli Barber and Brundage Inc. The Collier County Parks & Recreation Department has worked with Agnoli Barber and Brundage for many years and they have always provided us with excellent service and have been very professional from the beginning of the project all the way though to the completion of projects. One example of their excellent. professional service was just about a month ago our department had an emergency at one of our parks. We contacted Agnoli Barber and Brundage and they were very energetic to help. They visited the site provided the engineering for the repairs and got this work completed in a very short period of Ume. It was outstanding that they communicated. on a daily basis, with our department on how things were proceeding. They were in constant communicaUon with our department advising us on the steps that were needed to get the work completed in a timely manner. Our department would ask Agnoli. Barber and Brundage to provide us with engineering service in the future. As I have mentioned to you before they are a very professional company and we have always had great service from them. Reg~~S, j} ~ . /l/'Af)'~ MUrd~~ ~;;;-n 1 Manager Collier County Parks and Recreation 15000 Livingston Road Naples. Florida 34109 239-252-4027 c I?~~ c 7 161 1 t\1 BVO # 08-5060-4 Forest Lakes MSTU Bond Project F-60 Forest Lakes Boulevard Cul-de-sac Imorovomenls Letter of Recommendation <:>"""'~~ S"k(..4'~ 'Ii . .' ! .'~ '\ l: ......'.."'..,. ' . ~, -' , . . ":., ".Wi',,;;~ City of 'Bonita Springs 9101 BONlTA BEACH ROAD BormA SfIUNOS. PI. 34135 TEL, (239) 949-6262 FAX: (239) 949-6239 www.cityofbooitaspriugs.org Ben L Nelson, Jr. Mayor Richard Ferreira Councilman District One JanetMartiD Councilwoman District Two Patrick McCourt Councilman District Three John D. Spear Councilman District Four Martha Simool Councilwoman DistrictPive William C. Lonkart Councilman Dis1rictSix Gary A. Price CityMaoager Tel. (239) 949-6238 Audrey E. Vance City Attorney Tel. (239) 949-6254 City ClerkfI'reasurer Tel; (239) 949-6250 Public Works Tel; (239) 949-6246 Code Enforcement Tel, (239)949-6257 Parks & Recreation Tel; (239) 992-2556 May 14, 2009 To Whom It May Concern: Re: ASS, Inc. Engineers Dear Sir, ASS, Inc. is currently finishing up as design engineer for our Old 41 Road Widening Project. Their tasks include roadway design, specification preparation, bidding assistance, assistance with ROW acquisition, legal description preparation, environmental agency parmitting, coordination with fronting property owners, construction engineers, permitting agencies, utilities, and the contractor. The project was a $20 million project where timing for completion was critical. The project has come in substantially under budget and under scheduie, iargely due to ASS's involvement. The City is very pleased with the outcome of this project and would not hesitate to retain ABS, Inc. in the future. :;:;;%./ )~ Gary A~ City Manager GAP/jes cc: Mayor and City Council U:\A.dmin Assistant 2'u..ebrti2009\ABB. Inc. Engineers. 5-09.doc 8 161 1~1 BVO # 08-5060-4 Forest Lakes MSTU Bond Project F-60 Forest Lakes Boulevard Cul-de-sac Imorovements Letter of Intent AGNOLI BARBER & BRUNDAGE, INC. Windham Studio Inc. Mr. Scott D. Windbam 8891 Brighton Lane Bonita Springs, Florida 34135 Re; BVO #08-5060-3 For.st L.ko_' MSTlJ Bond Project F-58 Sidewalk, Lighting Improvements, and Roadway Tree Plantings Dear Mr. Windham: Agnoli, Barber & Brundage, Inc. is pleased to be a part of the Windham Studio Inc. team for the above referenced project. We will provide Professional Civil Engineering services and feci we arc cxlremely qualified to provide these services tor this project. We believe that our experience and our knowledge within Collier County and with stormwater design would make ABB a valuahle asset for your learn, We arc committed to being a part aryaur tc..'1m and look forward to working with you. Sincerely, ~ James A. Carr. P.E. Principal I Sr. Project Manager 70W0 T.mlaml Tnll N, NIlI.a. AurioJll ).CHilli CoW~y County _n~'~_a"---- O~:(219}5!n.:n11 '".~: ('1.Wt56D-11O.J j ,J 9 161 1 ~1 BVO # 08-5060-4 Forest Lakes MSTU Bond Project F~60 Forest Lakes Boulevard Cui-de sac Imorov8m8nts BEST VALUE OFFER (BVO) ESTIMATED PROJECT STAFFING Contract Name: BVe Number; Consullant Name: Consul tant Address: Project Manager: Telephone Number; Date; "Fixed Term LandseapeArchltectural Servlces~ BVe #ll8-506ll-4 WIndham Studio, Inc. 8691 Bri9hton Lane, Bonita Sprin9s, FL 34135 Scott Windham 239-39ll-1936 Fax; 239-39ll-1937 Q/25/2000 Project Name; "Forest Lakes MSTU Bond Project F-60 Sidewalks, Forest Lakes Boulevard Cu~~sac Improvements" Description: Lan:lscane Architectural Desinn Services YEAR 2000 YEAR 2010 Totals Tolal. In n Persomel CIaMlflcatlons Namo Subcontractor? Sop ad Nov DGC Jan FGb Morths Manhours Windham Studio Inc. Hrs Hrs Hrs Hrs Hrs Hrs Princl pie Landscal"le Architect Windham No 0.05 030 030 030 01 00 04 56 Deslen Associate SllWamachin No 0.05 030 0.30 0.30 0.1 0.0 0.1 18 Cad T ech1lclan 0.05 0,:30 030 0.:30 01 00 02 24 Estimated Staffina P....onn.1 Clauifications Manhoura Rate Cost Windhllm Studio, Inc. Prlnel pie Landscape Architect 56 $128 $7,iSB Desian Associate 18 $75 $1,350 Cad Tech1iclan 24 $62 $1.488 T oIel Lebor eoat $10,006 Estlmattd Relmbursibl.. Co.ts Description Jmto SLbconsiJlant-Clvll Enaineerina . Acnell Barber and Brundaoe Inc $ 750.00 CoPies, Couriers Photos ExhIbits, etc. $ 500.00 10fJlllI Subco....ttent end Relmbul'Sl!lblH. Costs $ tl2S0.oo T 0.1 Lebor Coll1a $ 10,006.00 TOTAL COST ESTIMATE. MAN HOUR5+ SUBS + REIMBURSABLES $ tl,2S6.oo Estirnrted eosta bv Te.k To'" Co". Task 050 Prolect M anaoement $ 373400 Task 100 landscaoe Island Desion (Construction Documents) $ 7022.00 Rej mbtrsables $ 500.00 TOTAL COST ESTIMATE - TASK BASED FORMAT $ 11,266.00 Nole Two separate cost estimates formats have ooan provided 10 Bid 161 1~'\ FOREST LAKES MSTU SPECIFICATIONS FOR MSTU FACILITIES MAINTENANCE These specifications are intended to provide the information by which prospective bidders may understand the minimum requirements of Collier County relative to entering into a Contract to deliver and provide services related to the overall maintenance of the Forest Lakes MSTU area. The successful bidder shall perform the work included in these specifications. The frequency of the work covered by this Contract varies from daily to annually depending on the assigned task. DIVISION 1 - GENERAL REQUIREMENTS A. The successful bidder shall at all times have an agent available to respond to any maintenance emergency situation when called by the County's Project Manager. For the purposes of this bid the term "time and materials" includes all materials, equipment and labor costs less overhead. For all time and material tasks An estimate must be provided for approval by County Project Manager before commencement of work. Submittal of estimate is not a guaranteed of work, another vendor may be solicited for an estimate. Estimates will be regularly reviewed to ensure contractors are accurately estimating hours. B. With each service call and upon inspection of the areas within the Forest Lakes MSTU, additional site restoration may be required due to the work of other utilities within the ROW's and easement areas. The Contractor shall coordinate this additional restoration work with the owner of those utilities to restore the area back to its original configuration. If the Contractor is unsuccessful with coordinating the proper restoration of an area disturbed by another utility, the Contractor is to notify the County Project Manager to assist with the effort. C. During the Contract Period, the County Project Manager or MSTU Board members, if applicable, may have questions concerning maintenance issues. When requested by the County Project Manager, the Contractor shall be required to attend monthly meetings and other special meetings that the County Project Manager should require. There shall be no additional charge for attendance at these meetings. D. The Contractor shall have a singular point of contact with cellular phone and e- mail for on-site and off-site communication with the County Project Manager or his authorized representative. E. Employees of the Contractor shall be properly uniformed and provide a neat appearance. All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor under his sole direction and not an employee or agent of Collier County. The Contractor shall supply competent and 1 Revised 10/09 161 1 ~1 Bid physically capable employees and Collier County requires the Contractor to remove any employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued contract site services involvement is not in the best interest of the County. F. The Contractor shall complete the "General Maintenance Report Sheets" on a weekly basis. The General Maintenance Report Sheets are required to be signed by the Contractor and submitted with monthly invoices. These sheets must include any project irregularities including but not limited to plant problems, pest problems, site issues and traffic accidents, as these may be used to determine replacement responsibilities. The Contractor will also be required to conduct on- site inspections with the Project Manager and/or designated Owner's Representative on a monthly basis to verify satisfactory completion of Contract requirements. The original forms for the report sheets will be provided to the Contractor for his reproduction purposes. G. A monthly look ahead schedule is also required and shall be submitted to the County Project Manager and designated Owner's Representative by the close of business on the third Friday of each month bye-mailed or hand-delivered. The schedule shall indicate the days and service locations planned for the following month and shall be updated and resubmitted after each additional requested service is authorized by the County's Project Manager. H. Contractor shall be required to provide a predetermined crew number and size for each Task. The work shall be completed within one visit, if necessary consecutive day visit may follow. Purpose is to have the entire segments under this contract completed at the same time. The Bidder shall provide in the Contract Bid the estimated number of on-site man-hours per week the Contractor will be providing to satisfactorily perform the requirements of this Contract. I. When a lane closure is necessary for the Contractor to perform work, the Contractor shall comply with the requirements of Collier County's Maintenance of Traffic (MOT) Policy, copies of which are available through the Risk Management or Purchasing Department. If the lane closure is anticipated to be more than 2 hours a MOT Plan and delineating placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., must be submitted to the County Project Manager for approval prior to any lane closure. J. The Contractor shall be responsible each week to contact the Project Manager to report any accidents or thefts involving or occurring within the areas covered by this Contract. Should accidents or thefts occur, the Contractor shall photograph the damage or loss and provide that photo(s) to the Project Manager at no additional cost. Should assistance be requested by law enforcement, emergency personnel or others, the cost shall be included in the Contractor unless otherwise approved by the Project Manager. 2 Revised 10/09 Bid 161 1 ~1 K. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general local conditions, and particularly, but, without limitation, with respect to the following: physical conditions at the work-site and the project area as a whole. A mandatory site visit will be schedule for all potential bidders. This site visit does not relieve the Contractor of his responsibility to acquaint itself with any applicable conditions relative to bidding the work and shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional compensation. L. Any damage to the golf course and its facilities or the MSTU maintenance areas and its facilities caused by the Contractor during mowing operations or maintenance operations shall be repaired immediately by the Contractor at his sole expense. M. This bid requires the furnishing all labor, equipment, materials and services necessary to satisfactorily perform the maintenance, as determined by the County Project Manager or the designated Owner's Representative for the following tasks 1. Stormwater Manaaement Svstem a. Golf Course Drainage Swales b. Stormwater Infrastructure c. Aquatic Weeds and Exotics Removal 2. Pavement and Traffic Area Maintenance a. Street Sweeping b. Street and Road Signs c. Pothole and Pavement Repair d. Street Lighting e. Pressure Cleaning 3. Mowina and Edaina a. Mowing b. Edging 4. Riaht-of-Wav Turf Maintenance 5. Canopv Tree and Palm Prunina 6. Plant Replacement 7. Perimeter Buffer Wall 3 Revised 10/09 Bid 16. 'I t\1 8. DebrisfTrash Removal 9. Lake Aerators 10. Reclaim Control Valves TASK 1 - STORMWATER MANAGEMENT SYSTEM The stormwater management system in the Forest Lake MSTU consists of a system of drainage swales on and off the golf course; golf course lakes, storm drainage pipes, culverts, catch basins and headwalls. Maintenance of this infrastructure is critical to the area and is addressed in this bid as follows: 1. GOLF COURSE DRAINAGE SWALES Golf course swales that are within the MSTU easement ares will be mowed under this contract. (See Figure 1) For the purposes of this contract the drainage swales in question extend from the adjacent property line through the ditch bottom to a point approximately 5' up the opposite slope. The Contractor's bid should include and consider the mowing conditions as follows: A. Contractor to provide equipment to mow the swales to a height of 1". B. The frequency of cutting will be weekly between May 151 and September 30th and bi-weekly between Oct 151 and April 30th. Frequencies may be increased or reduced by the County Project Manager as conditions dictate. C. Prior to mowing the Contractor will police the area of any debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the bid price. D. During the rainy season the ditch bottom may be underwater in which case a "weed wacker" or other appropriate device must be utilized to keep the grass mowed to the waterline. E. The Contractor must use situation appropriate mowing equipment that will not damage the golf course or adjacent properties in any way. F. The Contractor will spray the swales for insects and weeds twice a year using Acephate insecticide and a weed control chemical approved by the golf course management. G. The Contractor may be directed from time to time to make minor adjustments to swale grades in areas specified by the County Project Manager as required 4 Revised 10109 Bid 161 1 ~,~ to maintain the proper drainage flow. Costs for this work shall be billed as time and materials plus overhead. 2. STORMWATER INFRASTRUCTURE The stormwater infrastructure consists of the roadway paving and curbing, catch basins, pipes, headwalls and swales used to convey stormwater from the right-of- way to its discharge to the Gordon River Extension. The operation and maintenance of this system is critical to the ongoing health, safety and welfare of the Forest Lakes Community. The Contractor will notify the County Project Manager of any leaks, blockages or other deficiencies he notes while performing routine maintain task. A. On an annual basis the Contractor will clean all storm drain lines, catch basins, underdrains ( See Figure 2) and culverts with equipment appropriate to remove sand and roots from the system. The equipment used for this project must be approved by the County Project Manager or his representative. B. Contractor will be responsible for repairing any leaks in storm drains and making repairs if needed to any drainage structure. Costs for this work shall be billed as time and materials plus overhead. C. The Contractor may be directed from time to time to make minor adjustments to swale grades in areas specified by the County Project Manager as required to maintain the proper drainage flow. Costs for this work shall be billed as time and materials plus overhead. D. Additional cleaning and/or culvert debris removal may be directed byy the County Project Manager. Costs for this work shall be billed as time and materials plus overhead. 3. AQUATIC WEEDS AND EXOTICS REMOVAL Maintenance of the stormwater management system will from time to time include the removal of aquatic weeds from the lakes and removal of prohibitive exotic plant species. A. At the direction of the County Project Manager the Contractor will mobilize the appropriate forces and equipment to remove aquatic weeds that proliferate in the golf course lakes. B. The Contractor will coordinate all aquatic weed removal with the golf course management and will not be permitted to interrupt play on the course. 5 Revised 10/09 161 BVO # 08-5060-3 "Forest Lakes ~~STU Bond Project F-58 Sidewalks, Lighting Imorovements. and Roadwav Tree PlanlmQs" 1 ~1 September 25. 2009 Collier County Purchasing 3301 Tamiami Trail East Naples. Florida 34112 Attention: Purchasing Director ,.. Co1ff~y County ~=:K,~I~~~'lf:l-\~#.~4:h;..ra;;;S".xi1t{~,w;;;;sp~'!i1;;;!"'7i:~=::;'!i BVO #08-5060-3 Forest Lakes MSTU Bond Project F-58 Sidewalks, Lighting Improvements, and Roadway Tree Plantings Due Date: September 25, 2009, no later than 2:30 PM Understandina of proiect and reauired deliverables We understand this project to be first and foremost a project for the residents of Forest Lakes to walk. jog and bicycle safely along Forest Lakes Boulevard and Woodhsire Lane both day and night through an innovative sidewalk system which responds to the varied site conditions. Xeric trees will shade this 2 mile thoroughfare and provide seasonal flowering interest together with thoughtful ground cover enhancements at key locations. Decorative lighting will provide illumination for safety and proper function. reinforce the community character and integrate the existing and proposed street trees. Proiect Scope The scope of this project consists of a detailed site investigation of the project area to identify opportunities and constraints for possible sidewalk alignment. We will evaluate existing site features in relation to the county supplied site survey base plans and format and update as necessary to produce generally current base maps for design purposes. At this time. we will also identify a preferred alignment strategy which minimizes stormwater impacts by reviewing the existing system and potential trouble areas. We will then prepare conceptual sidewalk plans for presentation to the MSTU Committee, CA TM Project Manager and MSTU civil engineer for review and consideration. These will be illustrative for clarity and ease of communication of the primary sidewalk and landscape design elements. Once approved. we will commence with construction drawings preparation which will involve a series of 30%.60% and 100% plan set submittals to the CA TM Project Manager and MSTU civil engineer for review and comment. Upon receipt of review comments, we will modify the plans as directed for each subsequent submittal until 100% complete. We will attend the monthly MSTU Committee meetings throughout this project scope of services where we will present status reports of project progress including opinions of probable cost at the 60% and 100% stages. Existina Conditions and Considerations Upon our initial field review, we identified several site conditions which will be carefully considered during the sidewalk and landscape design process. The south side of the northern segment of Forest Lakes Boulevard seems to be the most conducive for a sidewalk yet contains numerous condominium entrance drives. extensive landscaping. landscape boulders and signage in the ROW area. Careful coordination with the adjacent condominiums will be necessary for a cohesive solution. We observed the west side of the western segment of Forest Lakes Boulevard to be the most conducive for a sidewalk with a combination of shallow 1 BVO # 08-5060-3 "Forest Lakes MSTU Bond Project F-58 Sidewalks, lighting Improvements, and Roadwav Tree Plantlnas" lA1 roadside swales for much of the alignment and no swales in many other portions. This area looks promising to locate the sidewalk to the rear of the ROW area to minimize impacts to the swales and meander where none exist The sidewalk and crosswalks will have to be carefully coordinated with the culverts at the numerous cul-de-sac intersections. The many single family homes along this segment of the road contain a great variety of landscape elements which will have to be coordinated with the street trees. The south side of the southern segment of Forest Lakes Boulevard appears to be the best location for the sidewalk with potential for meandering and landscape enhancements though a culvert connection from the perimeter drainage ditch to an interior lake may pose a challenge, Woodshire Lane contains the most challenging characteristics for sidewalk alignment of all the site areas observed, Because of extremely limited ROW area and the adjacent perimeter drainage ditch. the east side of the road will not accommodate a sidewalk without major stormwater modifications. However. the west side contains numerous challenges as well in the form of multiple condominium drives. dumpster enclosures, shallow swales. mature shade trees and various landscape features, This will require a collaborative effort between the condominiums and our entire team to provide a sidewalk while preserving the street's tree-lined character and proper resident function, Team Strateav Due to the great variety of stormwater conditions throughout the project area. we feel that stormwater system evaluation for possible modifications will be a significant part of the design process. Our approach will be to design the conceptual sidewalk alignment based on the observed stormwater elements then identify the key areas of conflict for stormwater modifications. Agnoli Barber and Brundage will then design stormwater related plans. details and specifications to supplement the sidewalk design where needed keeping in mind that our overall design strategy will be to minimize such modifications to the greatest extent possible, Windham Studio will prepare the conceptual sidewalk plans. layout and dimension plans. planting plans and specifications, Agnoli Barber and Brundage will prepare supplemental stormwater drainage plans, street lighting plans and specifications. EXDerience and EXDertise Windham Studio, Inc will act as the prime consultant for this scope of services, We have enjoyed a positive relationship with the Collier County DOT and A TM staff over the past 4 years and have completed 10 successful Roadway Beautification projects together. We are currently designing Radio Road Phase 3 together with the Radio Road MSTU which involves attending the monthly MSTU meetings, preparing and presenting monthly status reports, plans I specifications and budget estimates. We are familiar with the staff review process and always prioritize response to comments as time sensitive and essential to maintaining project flow. We are also well versed in private residential community development and amenities design as profiled below. We approach this scope of services as a natural extension of this proven expertise in successful roadway corridor development and residential amenities planning, Scott Windham. Owner of Windham Studio. Inc will act as the team leader for this scope of services. Scott has practiced landscape architecture in southwest Florida for 19 years following receipt of his BLA from the University of Florida in 1990. He has been a registered landscape architect in the state of Florida since October 1994 (LA 000-1516) and maintains a Corporate Landscape Architecture Business License as well (LC 26000365), Please see (Exhibit B) Letter of Recommendation. 2 1 . \\1 . BVO # 08-5060-3 "Forest Lakes MSTU Bond Project F-58 Sidewalks, Ligllting Imorovements, and Roadwav Tree Plantinos" \\'!j\~:)HNI,', ;. ''', . "J II!/" , /"< j,. 1.1: Scott Windham has provided landscape architectural design services on the following successfully completed projects in addition to others: . Tarpon Bay, Naples (2000-2002): WCI Communities, Inc. . Conceptual design, design development, construction drawings through construction observation I administration of all community hardscape and landscape amenities including entrance signage monuments, sidewalks and crosswalks, clubhouse and community amenity center, lighting, entry, streetscape and common area landscape. unit typical hardscape and planting design for multifamily and villa homes . Tuscany Reserve, Naples (2003-2007): WCI Communities, Inc. . Design development. construction drawings through construction observation / administration of all community hardscape and landscape amenities including entrance signage monuments. 4 roadway water features. 6 sub neighborhood entrance signage monuments. lighting. sidewalks and crosswalks. entry, streetscape and common area landscape. clubhouse, unit typical hardscape and planting design for multifamily . Bay Colony Streets cape Refurbishment, Naples (2004-2007): Bay Colony Community Association . Conceptual design, design development. construction drawings through construction observation / administration of streetscape hardscape and landscape amenities including entrance pilaster/gates, sidewalks, crosswalks, decorative precast wall features. lighting. streetscape and common area landscape. Agnoli. Barber & Brundage, Inc. has been serving Collier County and the southwest Florida community since 1983. For more than twenty years we have provided design consulting on public projects for Collier County Transportation. Public Works. Parks and Recreation, District School Board of Collier County, and other pUblic divisions in Collier and Lee Counties. Throughout our history our projects have incorporated the design of numerous pathways and sidewalks, both public and private. ABB has been a key player in MSTU projects and we are familiar with the plan preparation and review process. ABB has provided a full scope of engineering design and permitting services on many successful projects including the following: . Immokalee Road Pathway-Collier Blvd. to Heritage Bay (2007): Design development construction drawings for a proposed 12 foot wide greenway/shared use path along the north side of the Cocohatchee Canal. Design included pathway with grass shoulders and pretreatment swales and ADS yard drain and pipe systems. . Collier Boulevard Greenway-Immokalee Rd. to Vanderbilt Beach Rd (2005): Design development construction drawings for a proposed 10 foot wide greenway along the east side ofthe Collier Blvd. Canal. Design included decorative bridge and landscape features. fencing, paver crosswalk, and light pole relocation. Also coordination with golf club general manager and board members to secure easement agreements. 3 161 1~,\ BVO # 08-5060-3 "Forest Lakes MSTU Bond Project F-58 Sidewalks, Lighting Imorovements, and Roadwav Tree Plantlnas" . Hideaway Beach Pedestrian Path (1998): Design for a proposed pathway along the internal rights-of-way to provide a pedestrian system for residents of the community. Design involved fitting the path into constricted right-of-way adjacent to mangrove areas and roadside swales, which included pedestrian bridge/handrails. Documentation of Previous Excellence Residential Communitv Development Proiects: Scott Windham completed conceptual design development. code minimum plan preparation and coordination, project management and client presentations. construction drawings and construction administrationlobservation (where applicable) on the following projects. The projects included entrance sign age and monumentation, ornamental gates, various high detail water features. sub neighborhood signage monumentation. neighborhood parks and piazzas, waterfront promenades, sidewalks. bridges. clubhouse amenities and all related common area planting and lighting design. . Tuscany Reserve (WCI Communities) Naples. Florida (2003-2007) . Bay Colony Streetscape Refurbishment (Bay Colony Community Association) Naples. Florida (2004-2007) . Tarpon Bay (WCI Communities) Naples, Florida (2000-2002) . One Singer Island (WCI Communities) Singer Island. Florida (2004-2006) . Copperhead Golf and Country Club (EH Building Group) Ft. Myers. Florida (2005-2006) . River Club (DR Horton America's Builder) Port Charlotte, Florida (2005-2006) . The Villas at Venezia (Mediterranean Homes) Ft. Myers. Florida (2006-2007) . The Estates at Entrada (EH Building Group) Ft. Myers. Florida (2005-2006) (Un-built) . Main Street Village (SH Communities) Ft. Myers, Florida (2007-2008) (Un-Built) Collier County Roadwav Beautification Proiects: Scott Windham completed conceptual design development, project management and client presentations. opinion of probable cost estimates. planting and irrigation construction drawings and construction administration/observation on the following projects. . Livingston Road. Phase IV (Immokalee Road to Lee County Line) 3.5 Mi, 7/05 . Livingston Road (VBR to Immokalee Rd) 2 Mi. 3/06 . Golden Gate Parkway (Livingston to 66'h St and 60'h St to Santa Barbara Blvd) 1.5 Mi, 1106 . Golden Gate Boulevard (Phase I) 1 Mi. 7105 . Golden Gate Boulevard (Phase II) 2 Mi, 10/06 . Golden Gate Boulevard (Phase III) 2 Mi, 10107 . Livingston Road Effluent Conversion (Carlton Lakes to Lee County Line) . Bayshore Drive Effluent Conversion (US 41 to Thomasson Dr). 11/07 . Vanderbilt Beach Road (Phase I and II. Airport Rd to Collier Blvd) 4.8 Mi (Under construction) . Immokalee Road (Phase II and III. 1-75 to Collier Blvd) 3.5 Mi (Under construction) . Radio Road (Phase III. Airport Rd to Livingston Rd) 1 Mi, On-Going 4 . 1 f\1 BVO # 08-5060-3 "Forest Lakes MSTU Bond Project F-58 Sidewalks, Lighting Imorov8lllents. and Roadway Tree Plantinas" \ ",'liJ~)H/\i\' ')"') "', .'. r '/ ,,- tj / k1 ! Ability of Firm to meet schedule reauirements In an effort to control and manage the project design schedule, as primary client contact and team leader. Scott Windham will plan for and prioritize the Forest Lakes MSTU monthly meetings and preparation for them within Windham Studio's overall man hour allocation schedule. Windham will also coordinate a series of sub meetings with ABB to strategize the 30%, 60% and 100% plan submittals to include appropriate responses to staff and committee review comments. Windham Studio has had a history of success in meeting project timelines on prior projects. Our current and projected workload allows us the flexibility to prioritize tasks and shift our available resources as needed to accommodate this project We look forward to the opportunities and Challenges ahead and to deliver this project successfully. I FOREST LAKES MSTU BOND PROJECT F-5S SCOPE OF SERVICES TASK 050. Project Management 050.1 Attend Forest Lakes MSTU Advisory Committee Meetings 050.2 Submit Plans to CATM Project Manager (30%, 60%. 100%) 050.3 Meet with CATM Project Manager and MSTU civil engineer to review plans (30%. 60%) 050.4 Subconsultant coordination (Plan review I coordination, site review, status reports) 050.5 Prepare Opinion of Probable Cost (60%. 100%) and Bid Tabular (100%) TASK 100. Sidewalk Design 100.1 Base Map Formatting and Site Investigation 100.2 Conceptual Sidewalk Design 100.3 Sidewalk Layout and Dimension Plans (30 %. 60%,100%) 100.4 ABB, Supplemental Stormwater Drainage Plans and Specs (30%, 60%.100%) TASK 200. Lighting Design 200.1 Schematic Lighting Plans (30%) 200.2 ABB, TR Transportation, Lighting Plans and Specs (60% and 100%) TASK 300. Planting Design 300.1 Landscape Planting Plans and Specifications (30%. 60%. 100%) 5 161 lkf BVO # 08-5060-3 "Forest Lakes MSTU Bond Project F-58 Sidewalks, Lighting Improvements, and Roadwav Tree Plantinas" BVO OFFER BOARD OF COUNTY COMMISSIONERS Collier County Government Center Naples, Florida 34112 BVO #08.5060.3 "Forest Lakes MSTU Bond Project F.58 Sidewalks, Lighting Improvements, and Roadway Tree Plantings The undersigned, as Offeror, hereby declares that he has examined the Scope of Services, requirements and schedule and informed himself fully in regard to all terms and conditions pertaining to the project. Addenda received (if applicable): #1_~_, #2_~_, #3_6- The service to be furnished by us is hereby declared and guaranteed to be in conformance with the Scope of Services. The undersigned do agree that should this offer be accepted, to execute the work order. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 25th day of September, 2009 in the County of Lee, in the state of Florida. Windham Studio. Inc. Firm's Complete Legal Name (Circle one): Corporation Phone No. (239) 390-1936 FAX No. (239) 390-1937 E-mail:scott@windhamstudio.com 8891 Briahton Lane Address Bonita Sorinas. Florida 34135 City and s~at~/IIf)J- ZIP .... BY: Cl!J/!i;Jz Written Signature Scott D. Windham. President Typed Name and Title 6 1~\' BVO # 08-5060-3 "Forest Lakes MSTU Bond Project F-58 Sidewalks, Lighting Improvements, and Roadwav Tree Plantinas" Letter of Recommendation Board of Governors ~COllmlilloz PllteM.-rkel E'midcnl KimRostnbere Vi<< PnJidml L).Sc:huo:nW<:t1c[ s.cr.,., Bo\..M...ht:in T~ Ed Sanlotl ThBillmorr ~Danforth T'rione' G- Thomas DIIYWI !3ll)'CoIanJ'Sharl:S Rob McDulUlkl BriRhum BiIlM<:Cormid: Tbr Cur!,dr' Romld A- ""= c...... jDm=,t:..~1ia" ""F~ Su:\'CWYk> ~1.4Palmo. TUflyYlol};u:.e T"_ JnlmBo:Hl TIn- binpln Gelald K. N3l,'nlh. """'" Kathlem rabd. T&eSlJllJId l::Hot K. Cohen T__ FritzFrl~ Vi!l.tlldPtUlJIll FredLIlconj v_ Doo, E=o T&"WiNisor _B~!uS~k9]Y May 26. 2009 Re: Regarding Windham Studio. Inc. To Whom It May Concern: As the General Manager of Bay Colony. I oversee the operations of this exclusive community of nearly 1 ,000 residences including the tennis club, golf course, beach club and a variety of resident services. This encompasses the general maintenance of the community streetscape and common areas to protect and enhance the ongoing investment of the residents at iarge. From 2004-2007. Scott Windham of Windham Studio was instrumental in preserving the inherent value in this community through thoughtful design and project management sarvices. As prime consultant. Scott and Windham Studio coordinated the design and construction of a multimillion dollar refurbishment of the primary community entrance and gate house, Bay Colony Drive and related common areas including extensive hardscape design of decorative metal entrance gates, pilasters, walls, decorative paving, landscaping and landscape lighting. To complete these services, Windham assembled a team of sub consultants to bring expertise to every facet of the project including Humphrey Rosal Architects for the gate house design. Agnoli Barber and Brundage for the civil engineering and Frank Kitchener, our then Manager of Grounds and Maintenance for the sustainable landscape design strategies. I have found Scott Windham to be a capable desigl1 professional, knowledgeable in current trends, effective and well versed in team coordination. Scott is available, commllnicates readily and responds efficiently to project demands, adhering to predetermined schedllles. I highly recommend Scott and Windham Studio Inc. for this consulting and design service. M' _ CEO\ neral Manager Bay Colony Community Association 8700 BA~ CoLONY DlUVE . NAP\.!S, FlOlllDA 34108 . 239- Wl-220! . FAX 239-591-1685 . www.bay-colony.org 7 BVO # 08-5060-3 "Forest Lakes MSTU Bond Project F-58 Sidewalks, Lighting Imorovements, and Roadwav Tree Plantinas" 11\1'. Letter of Recommendation COLLlER COUNTY DIVISION OF PUBLIC SERVICES .,.--..., _.._--._..__....~.-.._"'-_....--."_._-----------~-.-._--......-.-.-----.-.----...------- !):lrb and Rccn.:aticlIl Dl'p:\flment l~IJIl(J IJ\"ll1gQ"ll [{n:ld. ":lpl,'~.l;lomla)_1_111(). Plinth' :2_19: 2~.1.-1-(JI)O. hl;'::::!V)) 51-1-H6.'l':" \\d):->i{~'; ndlil'rg,,\:m'l May 15, 2009 To Whom It May Concern: I would like to take a few moments to provide my comments regarding Agnoli Barber and Brundage Inc. The Collier County Parks & Recreation Department has worked with Agnoli Barber and Brundage for many years and they have always provided us with excellent service and have been very professional from the beginning of the project all the way though to the completion of projects. One example of their excellent. professional service was just about a month ago our department had an emergency at one of our parks. We contacted Agnoli Barber and Brundage and they were very energetic to help. They visited the site provided the engineering for the repairs and got this work completed in a very short period of bme. It was outstanding that they communicated. on a daily basis, with our department on how things were proceeding. They were in constant communicabon with our department advising us on the steps that were needed to get the work completed in a bmely manner. Our department would ask Agnoli. Barber and Brundage to provide us with engineering service in the future. As I have mentioned to you before they are a very professional company and we have always had great service from them. ~eg?S t6~~ MUrd~egiOn 1 Manager Collier County Parks and Recreation 15000 Livingston Road Naples, Florida 34109 239-252-4027 co ,*~ < co 8 161 1 A-\ BVO # 08-5060-3 "Forest Lakes MSTU Bond Project F-58 Sidewalks, lighting Imorovements, and Roadwav Tree Plantinas" Letter of Recommendation 0i:~('.~ S"Jt,+"" <:iV' ~~ "f: . \ t. ~ ,-' ~~\'.~ ~ ,. ' ~,",""',"' ,,' ,.~."",'W' City of 'Bonita Springs 9101 BOKIrA BEACH ROAD BamrA SPlUNOS, FL 34135 1'&., (239) 949.6262 FAX: (239) 949-6239 www.cityofbooitasprinp.OQl Ben L Nelson, Jr. Mayor Ricbard Ferreira Councilman District One JaoetMartiD Councilwoman District Two Patrick McCourt Councilman District Three Jobn D. Spear Councilman District Four Martha Simoni Councilwoman DistrictFive William C. Lonkart Councilman District Six Gary A. Price City Manager Tel. (239) 949.6238 Audrey E. Vanee City Attorney TeL (239) 949-6254 City Clerkfrreasuror Tel; (239) 949-6250 Public Wortu Tel; (239) 949.6246 Code Enforcement Tel, (239) 949,6257 Parks & Recreation Tel, (239) 992.2556 May 14, 2009 To Whom It May Concem: Re: ABS, Inc. Engineers Dear Sir, ASS, Inc. is currently finishing up as design engineer for our Old 41 Road Widening Project. Their tasks include roadway design. specification preparation, bidding assistance, assistance with ROW acquisition, legal description preparation, environmental agency permitting, coordination with fronting property owners, construction engineers. permitting agencies, utilities, and the contractor. The project was a $20 million project where timing for completion was critical. The project has come In substantially under budget and under schedule, largely due to ASS's involvement. The City is very pleased with the outcome of this project and would not hesitate to retain ASS, Inc. in the future. ~J;J~ Gary A~ City Manager GAP/jes ce: Mayor and City Council U:\Admin Assistant2\Let1tm:\2OO9\ABB. ]iu:, Engineers. 5..09.doo 9 1 A1 BVO # 08-5060-3 "Forest Lakes MSTU Bond Project F~58 Sidewalks, Lighting Imorovements and Roadwav Tree Plantinas" Letter of Intent AGNOLl BARBER & . BRUNDAGE, INC. Windham Studio Inc. Mr. Scott D. Windham 8891 Brighton Lane Bonita Springs, Florida 34135 Re; BVO #08-5060-3 For..t Lakes MSTIJ Bond Project F-58 Sidewalk, Lighting Improvements, and Roadway Tree Plantings Dear Mr. Windham: Agnoli, Barber & Brundage, Inc. is pleased to be a part of the Windham Studio lRc. team for the above referenced project. We wilt provide Professional Civil Engineering services and feel we arc extremely qualified to provide these services for this project. We believe that our experience and our knowledge within Collier County and with stonnwaterdcsign would make ABB a valuable asset for your team. We arc committed to being a pm1 of your team and look forward to working with you. Sincerely, ~ James A. Carr. I).E. Principal! Sr. Project Manager 7-400 TlntUiml TfIIR N. NlIlllks. Ruridlt. 301108 Co1ti~y County ~ O~(1B.597.JlIl IO....,P..\9IS6fi.-..""'.... /) .~ 10 BVO # 08-5060-3 "Forest Lakes MSTU Bond Project F-58 Sidewalks, Lighting Imorovemenls and Roadwav Tree Plantinas" 1 p<1 Letter of Intent "t. TRANSPORTATION K CONSULTANTS, INC. 13&81 PLANTATION ROAD,SUITE 11 FORT MYERS, Fl33912-4339 OFFICE 239.278.mo FAX2S9.278.1900 TRAFFIC ENGINEERING TRANSPORTATION PlANNING SIGNAl. SYSTEMS/OESIGN September 21, 2009 Mr. Jim Carr Agnoli, Barber and Brundage, Inc. 7400 Tamiami Tr. N., Suite 200 Naples, FL 34108 RE: BVO # 08-5060-3 Forest Lakes MSTU Bond Project Lighting Improvements Collier County, Florida Dear Mr. Carr: ThiS" letter serves as TR Transportation Consultants, Itlc.'s intent to provide pathway lighting services as part of your team for the project, BVO #I 08-5066-3 Forest Lakes MSTU Bond Projel;:L Il is our understanding that the County desires decorative poles and fixtures mounted at a minimum of 10 feet for approximately 2 miles of new sidewalk. TR Transportation Consultants, Inc. will evaluate lig.hting options to accomplish this task within budgetary collstraints. We appreciate lhe opportunity to be part of your professional team and rook forward 10 working with YOll on this project. Sincerely, TR ';~77;:"'ON CONSULTANTS, Inc. Reid C. Fellows, P.E. Vice President 11 ... 1 A1 BVO # 08-5060-3 "Forest Lakes MSTU Bond Project F-58 Sidewalks, Ligllting Imorovements, and Roadwav Tree Plantinas" /.'Ii'!':::f--fAN, /: ,;,1/,,-' , {~/ 1":1 ~, BEST VALUE OFFER (BVQ) ESTIMATED PROJECT STAFFING Contract Name: BVO Number: Consultant Name: Consultant Address: Project Manager: Telephone Number: Date: "Fixed Tel'm Lendscep. Architecturel Services" BVO #O6-506(l.3 Windham Studio, Inc. 6891 Brighton Lane, Bonita Springs, FL 34135 Scott Windham 239-390-1936 Fa.. 239-390-1937 9126/3))9 Project Name: ForHl: lak.. MSTU Bond ProJect F.58 Sidewalks, Ughtlng Ilt'flrov..,...,tsllnd RoedwayT.... Planting. OucrlDlion: LandSCl!lDe Archltecturel DHlan Services YEAR :mg YEAR ""0 Totals Totals In In PWlIOnnel Cllls8iflartlonll Nome Subcontl'fllc1or? Sep 001 Nov De, J," Feb Morths Mamours Wlnctlem Studio ne. H" H" H" H" H" H" PtinclDle LandscaceArchllec1 Wndh"" No 0.05 0.80 0.30 0.30 0,1 0,0 0,8 128 Deslon Associate SWlamachil No 0.05 0.30 0.30 0.30 0,1 0,0 03 52 Cad Technician 0.05 030 0.:30 0.30 0,1 0,0 0.5 7' Estlnl<<l SlIffrta Peraom.1 Classifications Manhours Fllllt. Co.t WlncI1am Studio, Inc. Principle Landscape Architect 12' $128 $16,:384 [)gsianAssoclate 52 <75 $3 900 Cad hc:h1iclan 7S $62 $4,712 T otIIIllIIIbor eo.t $24,906 Estimated R.elmburslbl.. Cost. Oucrjptlon J<oIlI SLbconsunart.C1vH Enalneerlnc - Aonoll Barber and Brundaoe Inc < 27"00.00 Subconsultant.Llahllno - TR TranflOOrtatlon Consultarts Inc . 22 000,00 Copies, CoLJiers, Photos, Exhlbtts, ete $ 750.00 T 0181 Subconsultenlancl R.lmburlll!lbles Cost. $ 49,960,00 T 0181 Lebor Costs $ 2~.OO TOTAL COST ESTIMATE - MAN HOURS + SUBS + REIMBURSABLES $ 74,046,00 EstirnBted Costa by Tap Tesk Co... Task 050 Proiect Manaaamant < "5000 Task 100 Sidewalk Deslcm < :37040.00 Task200 Llnhtlnn Deslnn $ 24.226,00 Task :300 Plartino Deslon $ 6,:380,00 Task 400 RelmblrSables $ 750.00 TOTAL COST ESTIMATE - TASK BASED FOFIMAT $ 74,G46.00 Note: Two separate cost estimate formats have bean provided 12 ~ett P\1 l~) I?I )001 To whom it may concel n - Members of the board would you please consider the '~walet between houses1414 Forest Lakes Blvd. and ouis 1412 Fotest Lakes Blvd. When there is a downpouring of rain the standing water has no where to go.The 'bump' of land and, the end of the swale prevents- the flowing of water to move freely ;Please---any assistance on this nuisance would be greatly appreciated.;i, J~ i d' ,. ,I~'J, Cindi and-Bruce 'Goodwin ('III' IlJT:ntiU\l~ ,,;1/vu/i: ///:~\-L j 'I ,'(.'i;,,' 1412 Forest Lakes Blvd. ' Naples,F134105 cell 239-825-8925 /1) r i ,/ F ..1 '-)'- /) Cj,' ',/ \.) I t 1..-- "r ',' r ' ! I \'~ '! 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C1 o !!'. o ~ il o a, !!. z ~ m " 1 f}~ "T1 o iil (Il ... r Ql ~ CD (Il s: (/) -I C 16J ,I 1\1 MALCOLM PIRNIE INDEPENDENT ENVIRONMENTAL ENGINEERS, SCIENTISTS AND CONSULTANTS Ma1colm fJirnie, Inc. 4315 Metro Pkwy, Suite 520 Fort Myers, FL 33916 Phone (239) 332-1300 Fax (239) 332-1789 www.pirnie.com October 7, 2009 Mr. Darryl Richard, RLA Project Manager Collier County Department of Alternative Transportation Modes 288S Horseshoe Drive South Naples, Florida 34104 Re: Forest Lakes MSTU Bond Issue Project No. F-S3 Change Order Dear Mr. Richard: Malcoim Pirnie is pleased to provide the Collier County Department of Alternative Transportation Modes (County) this requested scope of work for Additional Services for the above-referenced project. The purpose of this scope is to supplement Malcolm Pirnie's original services for the F-S3 project under Work Order MP-FT-36S7-08-04 to replace a portion of the original project budget expended on SFWMD permitting activities for the project, and to amend the existing project schedule and scope to include bidding assistance and construction inspection services. SCOPE OF SERVICES The additional services requested for this project include the following tasks: TASK 100 - Bidding Assistance During the bid phase, Malcolm Pirnie will assist the County by providing the following services: . Malcolm Pirnie will conduct field work and other investigations necessary to prepare bid documents for the project, including a scope of work, drawings, and other information (i.e. construction cost estimate, etc.) sufficient for bidding purposes. Our subconsultant, Universal Engineering Sciences, Ine. (UES) will provide geotechnical engineering services needed for the development of the bid drawings. Survey drawings for this project will be provided by the County, and this scope assumes that the County will provide the front-end documents for the bid package. The bid documents will be submitted to the County for review and approval prior to inclusion in the bid package. . Attending and participating in one (1) pre-bid meeting. . Review submitted bids and make recommendation of award to the County_ This scope assumes that no more than ten (10) bids will be received for the project. -- --._._........_"~.,_..-~..."-_..._~-_.-._--<------ 161 1 A1 MALCOLM PIRNIE Mr. Darryl Richard, RLA Forest Lakes MSTU Bond Project No. F-53 Change Order October 7, 2009 Page 2 of3 TASK 200 - Construction Management and Inspection Services During the construction phase, Malcolm Pirnie wili assist the County by providing the following services: . Attending up to a total of three (3) meetings with the Contractor, County staff, the MSTU committee, or other affected parties to discuss project issues, (I.e. use of ROW, permits, construction access, etc.). The Contractor will be responsible for obtaining all necessary permits, . Provide full-time construction inspection during the course of the construction work for up to thirty-five (35) working days. For the purposes of this scope, full time is considered to be eight (8) hours per working day. . Malcolm Pirnie will receive, review and return to the Contractor the required Contractor submittais along with two copies to the County. Malcolm Pirnie will prepare and maintain a log of submittals to include submittal number, subject, and date received, reviewer, action taken and date returned. Malcolm Pirnie will review or take other appropriate action with respect to material and equipment submittals, shop drawings, samples and other data that the Contractor is required to submit. Review is to be limited to conformance with the design concept of the project and compliance with the information given in the Contract Documents. Such reviews or other action shall not extend to means, methods, techniques, sequences, or procedures of construction or safety program of the Contractor. Under this Task, Malcolm Pirnie will review up to five (5) initial submittals and up to two (2) re-submittals. . After receipt of each application for payment from the Contractor, Malcolm Pirnie will provide written recommendation to the County regarding payment to the Contractor. Under this scope, Malcolm Pirnie will review up to six (6) pay requests and up to two (2) re-submittals. ADDITIONAL SERVICES In addition to performing the work identified in this scope, Malcolm Pirnie will perform Additional Services as requested by the County. The need for such services may arise from the completion of the tasks identified above and cannot be fully defined at this time. However, it may be determined at some future date that these additional services are necessary to thoroughly complete or implement the Work, Examples of Additional Services may include technical evaluations, preparation of reports, or other activities deemed necessary by the County, It should be noted that the fees for these services have not been included in this scope, Such tasks and their level of effort, associated budgets and schedules will be described in detail in work authorizations to be issued at the time such tasks are requested by the County. SCHEDULE Malcolm Pirnie anticipates providing the professional services outlined abbve for a period of up to three hundred twenty three (323) calendar days beyond the original work order completion date of June 12, 2009, for an estimated completion date of April 30, 2010. 161 1 A1 MALCOLM PIRNIE Mr. Darryl Richard, RLA Forest lakes MSTU Bond Project No. F-53 Change Order October 7, 2009 Page3of3 COMPENSATION Malcolm Pirnie will provide this scope of services under the terms and conditions of Contract 05-3657 Agreement for Project Management and Oversight Services for a lump sum fee of $67,550. The project budget is based on the scope of work as provided and is subject to cost adjustment resulting from any change in the scope or schedule of work. Malcolm Pirnie appreciates this opportunity to provide this requested scope of services, and will enjoy working with the County on this important project. If you have any questions regarding this scope or need any additional information, please feel free to contact Christopher Tilman, P.E. or me at (239) 332- 1300. Sincerely, MALCOLM PIRNIE, INC. ~+J, ~~ Robert H. French, P.E. Senior Associate M03748 161 "1 TO: Malcolm Pirnie, Inc. 4315 Metro Parkway, Suite 520 Fort Myers, Florida 33916 CHANGE ORDER TO WORKORDER FROM: ATM Department Transportation Division 2885 S. Horseshoe Dr. Naples, FI 34104 Forest Lakes MSTU Bond Issue Project No.7 (F-53) PO 4500094728 PO Notice to Proceed date: 6/12/08 PO 4500094728 CO #1 (one) 07/28/09 Change Order Description: Change is to add additional services per Contract 05-3657 Project Management Oversight Services ADD: Task 100 - Bidding Assistance and Task 200 - ConstlUction Inspection for a TOTAL ADD in the amount of$67,550 Net Change to Work Order is: $67,550 Original agreement amount ........, ............... .... ....................... ............$88,500.00 Sum of Previous Changes..................... .......................... ....$0 This Change Order No. I Amount (add or subtract) .........................$67,550.00 Revised Agreement Amount.............................................................. $156,050.00 Original contract time in calendar days............................................. 365 days Adjusted number of calendar days due to previous change orders............ ...0 days This change order adjusted time is.................................... ............. ...323 days Revised Contract Time in working days........ ......... .(no change) ....... ...365 days Original Notice to Proceed date .................................................. June 12,2008 Completion date based on original contract time ........................ June 12,2009 Revised completion date due to change order(s)... ,.,..,..... April 30, 2010 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subj ect to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Darryl Richard, Project Manager ATM Department Accepted by: Robert H. French, PE Malcolm Pirnie Date: Approved by: Date: Change Order No. Page 2 Michelle Edwards Arnold, ATM Department, Director Approved by: Norm Feder, Transportation Division Administrator Date: 161 1 A1 Approved by: Date: Rhonda Cummings, Purchasing Department, Contract Specialist CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM 161 1 A1 PROJECT NAME: Forest Lakes MSTU Bond Proiect F-53 PROJECT #: PO 4500094728 PROJECT MANAGER: Darryl Richard. RLA. Proiect Manaaer. ATM Department BID/RFP #; 05-3657 MOD #: 01 (onel PO#: 4500094728 WORK ORDER #: MP-FT-3657-08-04 DEPARTMENT: ATM Dept. CONTRACTOR/FIRM NAME: Malcolm Pi,"ie Inc. Original Contract Amount: $ 88.500 (Starting Point) Current BCC Approved Amount; $ n'a (Last Total Amount Approved by the BCC) Current Contract Amount: $ 88.500 (Including All Changes Prior To This Modification) Change Amount: $ 67.550 Revised ContracUWork Order Amount: $ 156.050 (Including This Change Order) Cumulative Dollar Value of Changes to this ContracUWork Order: $ 67.550 Date of Last BCC Approval_N/A Agenda Item # _N/A Percentage of the change over/under current contract amount 76.33 % Formula: (Revised Amount / Last BCC approved amount)-1 CURRENT COMPLETION DATE (5): ORIGINAL: June 12. 2009 CURRENT: Aoril 30. 2010 This change order will; i:8J Add a new Task for $67.550 o Increase Task Number _ by $_ Other Describe the change(s):_ADD: Task 100 - BiddinQ Assisstance and Task 200 - Construction Inspection for a total lump-sum amount of $67.550 Specify the reasons for the change(s) -1. Planned or Elective r.2. Unforeseen Conditions - 3. Quantity Adjustments (, 4. Correction of Errors (Plans, Specifications or Scope of Work) -5. Value Added r' 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s). Identify all negative impacts to the project if this change order were not processed: NeQative impact would be that the proiect (Forest Lakes MSTU Bond Proiect F-53) would not benefit from consultant services that are necessarv in order to expedite contractor procurement and ensure the County receives the most competitive price for construction of the proiect. This change was requested by: r1Contractor/Consultant · Owner rI Using Department r CDES n Design Professional i1Regulatory Agency (Specify) f- Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r- Yes · No This form is to be signed and dated. APPROVED BY: Date: Project Manager, Darryl Richard APPROVED BY: Date: Contract Specialist, Rhonda Cummings Revised 6 18 09 161 1 ft1 GUIDELINES FOR COMPLETING THE CONTRACTIWORK ORDER MODIFICATION CHECK LIST FORM 1. Document circumstances prompting the changers) request by... a. Identifying who initiated the change request: Forest Lakes MSTU Committee requested additional services under existing Work Order MP-FT-3657-08-04, b. Identifying the nature of the change: Change is to add allocation of funds to account for unforeseen scope changes resulting from SFWMD permitting activities for the project and for additional requested project tasks, including the following: Task Task Description Estimated Fee Number Total Lum -Sum Fee $20.000 $47.550 $67,550 100 200 Bidding Assistance Construction Management Assistance 2. Analyze the change request to determine... a. The hard and soft costs of the change and the appropriateness of each: Change has no soft cost; change is in accordance with Project Management and Oversight Services Contract #05-3657. b. The benefits of the change: Change is beneficial in that additional services are provided to the Forest Lakes MSTU Committee per the request and financed through Forest lakes Fund 159. c. The impact(s) of the change on the project: Change results in necessary services during procurement and construction for the installations in Quail Run lakes. d. The impact of the change on the overall success/failure of the project: Change is necessary in order to provide for necessary bidding support and construction inspection services for the project 3. If the change is deemed justified, review the original contract to determine or verify... a. Whether the change is consistent with existing project scope: Change is consistent with existing project scope in that the requested services are an expansion of the existing contractor procurement and oversight activities. b The existing terms and conditions (e.g.; price and schedule): Change is consistent with Contract #05- 3657 terms and conditions c, That the proposed change is not included within the existing scope: The existing scope does not include bidding assistance or construction inspection services, d. The protocol for authorizing changes to the agreement: Change Order protocol is confirmation of additional services requested per contract terms; review and approval by Committee/Staff. 4. Document the analysis of and the justification(s) for the change. Justification for the change is that the established contract with existing Purchase OrderIWork Order does not include bidding assistance or construction inspection services. which will be needed to complete the bidding and construction of the project 5. Identify the consequences to the project by not processing the change order. Consequence would be that the project (Forest lakes MSTU Bond Project F-53) would not benefit from consultant services that are necessary in order to expedite contractor procurement and ensure the County receives the most competitive price for construction of the project 6. Obtain preliminary review and input from one of more of the following... a, Other project managers: b. Immediate supervisor: Pam lulich, Manager Landscape Operations c. Appropriate 3rd party consultants: d. Purchasing Contract Specialist: Brenda Brilhart, Purchasing e. County Attorney Office: n/a f Risk Management Department: n/a Revised 6 18 09 g. Other County departments materially impacted by the change: 161 lk1 7. Certify the appropriateness of the change based on the information gathered in steps 1-6.Change is appropriate and in accordance with contract terms and conditions. 8. If the change is not deemed justified, notify the appropriate parties and include the documentation gathered to date in the project file. Change is justified. 9. If the change is deemed justified, identify the appropriate contract instrument and clearly state the benefit or value that the change has to the project. . (Change Order, Amendment, Work Orders or Supplemental Agreement). Change Order is appropriate instrument; Benefit to project is continued services from Consultant per request. 10. Prepare and process the change document in accordance with... a. The terms and conditions of the existing agreement. b. The County's Contract Administration Procedures: c. Check the numbers and percentages for accuracy. d. Sign the Contract Modification Form e. Submit the form with back up documentation attached to Purchasing for review Form can be retrieved from the Purchasing Intranet Web Site: hap: I Ibccintranetl si tes/pUfchasingl deraul t. aspx Revised 6 18 09 Procurement Administration Guidelines 1 '- I Changes Reported to the BCC Administratively or Agenda I~ ' 1 A1 Contracts: If the change exceeds 10% of the current BCC amount. then BCC approval is required. If the change is equal to or less than 10%, the change is reported to BCC by the purchasing department CCNA Work Orders: For all work orders where the change does not exceed 10% or $10.000 of the original work order amount. these changes are reported by the Purchasing Department to the BCC administratively. Changes to these work orders that exceed those thresholds require prior BCC approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required, If in doubt, contact your contract specialist For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures. Section IV.3.d, Categories of Change Orders 1. Planned or Elective: Include, but not limited to, work or actions generally identified or referenced in the agreement. but not specifically authorized or elected at the time of contract execution. Examples include. but are not limited to: . Implementing phased scope or tasks that are contingent upon the outcome of preceding work (performed within or apart from the agreement) or that are pending budget appropriations. . Selectively implementing direct purchase procedures for the purpose of legitimately avoiding the incurring of state sales tax (and other taxes) where permitted by law or applicable administrative code. . Granting increases andlor decreases in costs/prices that are generally permitted or specifically contemplated under the terms of the agreement 2. Unforeseen Conditions: Include. but not limited to: . Unforeseen working or site conditions that are discovered or arise during the performance of the work. . Changes in regulatory and permitting requirements. . Changes in design and/or construction to address the impact of newly-approved development proximate to the project. and . Address citizen concerns raised subsequent to the completion of the original design. . Addition of personnel categories to fee and price schedules. 3. Quantity Adjustments: Includes increases or decreases to specific quantities based upon established unit prices, a bid schedule. or a schedule of values. 4. Correction of Errors (Plans, Specifications or Scope of Work): Includes instances where the contract must be changed to remedy errors in the contract documents that have a material impact on the delivery of the work. In instances where an independent third party is responsible for the errors (e.g.; design professional), the project manager and the contract specialist shall seek recovery of the appropriate portion of any resulting additional costs from the responsible party(ies), 5. Value Added: Includes instances where the County realizes added value (e.g.; product substitution. better quality for the .same cost, same quality for less cost, reduction in time, etc.) through the approval of a change(s) to the contract 6. Schedule Adjustments: Includes extensions or reductions in time granted to complete the work under the agreement Revised 6 18 09 l 16~ Change Order #1 Item DescriptIon I Quantity I Unit Unit Number ,.Price 3 119"X30" Elliptical ERCP J" -50' LF $6S.OO, ~-l~i:~~~~e;jaT:Additional~------- c --1~:~ ~~ I, $~~:~~ ~7S0dding - sermUda41'J___~____==-I--~i6,sjt-:-sv-r~__ __. $2.50 r--,7; '_ ~;~~. ~:;::~~tallation- (Miamil____==--}-zH*i" ~U-, ~~:~~i 9 High Back Curb Installatio':'______L_:275r__L"-_L $10.251 f-- 10 IValley Curb installation___.... .._._--1__....:!~0 LF I $9.25, 12 Density Testing ~ -S ~~_ _.__ _m $50.0~.. __ 13 Irrigation Pipe Adjustments for WoadshireLn. .'.t' 555 LF $7.501 14 Misc. Cart Path Restoration -l?L.LF $100.00 16 Underdrain_"..,;th Yard Drain - Addition~____ __~ LF $15.00 .,___ .....1:8 Pipe Plug - Add!tional~C('"tract__ .____ --j ~ EA $500.00 19 Rock Excava!,~_ _________~- 2451 LF $20.00 __._ 20_~unction _Box Demo in Golf Course ___ _.....!:L_ L5 __ _~50.00__ 21 Modification of Headwail 11 L5 $250.00 22 Additio~al Dr~inage Ini~---.- ..m ....--, .~~ EA $5,500.00 ~~ ~~~~i:::::a~al from 5iormPi:_=~.==~- -=~__~~_ ~: ~_ $~~~:~~' I n__L..- ~__+_ r I Total Change Order #1 , RECEIVED ~;:.p :~ n 2009 'j'rensponatlOn ATM Dcpt. I A1 Scheduled Value -$3,400.00 $4,004.00 $4,004.00 -$42.0S $1,496.00 $21,59S.75 -$2,SI.l!25. -$6,475.00 -$400.00 $4,162.50 -$1,500.00 $1,095.00 $3,000.00 $4,900.00 $450.00 $250.00 $5,500.00 $1,080.00 $1,02~ $37,924.43 RECEIVED DEe 1 ~ 2009 8o..'lrn Ull~i)lljlty Commissioners , L" ,1'. ~L" ~~"t 2885 Horseshoe Drive lIIaples, FL 341 04 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- October 13, 2009 V. Transportation Maintenance Report - Hannula VI. Landscape Architects Report - McGee & Associates A. Hunter & Coronado B. West Entry Sign ,. VII. VII. Landscape Architects Report - JRL Design C. Landscape Update VIII. Transportation Operations Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard IX. Old Business A. Committee Member Term Expirations X. New Business A. FPL Vertical Light Poles XI. Public Comments XII. Adjournment : ~-',(', tie;-;: ;'nuc-;'t! U ;:::) '::,c..lli:dulcc: j'()[ ,E-r";L~-,; r (,'. '<_.;;'( ,.-,} ',rU ! 1 " _.__..v..____,.._~_..__.___ ..___'__.._~~___, Fiala lQ Halas I- Henning Coyle Coletta lA< u;o. r. ......... "orres: .".. ,j D~.()t'~ !U Item . 10rLt J1.2: ;:., '--!"\r'll~~ tr-, Fiala 4f:5 : Halas )..); / H ~"g -J / e, I, V Coy,a '~6.. Ul ~ Coletta \ 2885 Horseshoe Drive Naples, FL 34104 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- November 10, 2009 V. Transportation Maintenance Report - Hannula VI. Landscape Architects Report - McGee & Associates A. Hunter & Coronado B. West Entry Sign VII. VII. Landscape Architects Report - JRL Design C, Landscape Update VIII, Transportation Operations Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard IX. Old Business A. Committee Member Term Expirations X. New Business A. FPL Vertical Light Poles XI. Public Comments XII. Adjournment Misc. Comls: Dale: Itllm .: Copies 10: l~bEIJE~ DEe 1 4 2009 Board of County CommiSSioners 161 1 ~~ 2885 Horseshoe Drive Naples, FL 34104 MINUTES I. Call to order The meeting was called to order at 4: I 0 p.m. by Chaimlan Richard Sims. A quorum was established. II. Attendance Members: Barbara Segura. Richard Sims. Pat Spencer. Michael McElroy, Peggy Harris (Excused) County: Darryl Richard - MSTU Project Manager. Caroline Soto- Management Budget Analyst. Pamela Lulieh - Landscape Operations Manager Others: Sue Flynn - Mancan. Michael McGee - McGee & Associates. James Stephens- Hannula: Andrew Eisele and David Cosslett JRL Design III. Approval of Agenda Add: VI. I./RL Design ('hange: VI. A. Ilunter and ('oronadofrom Landl'cape Update Add: VI. B. West Enoy Sign VI. (', Maintenance ('onsultant - JRL '/111. B. Grant Application 1)( A. Ff'L Verticul Light Poles Richard Sims moved to approve the agenda as amended. Second by Barbara Segura. Motion carried unanimously 4-0. IV. Approval of Minutes - August 11,2009 Pat Spencer moved to approve the minutes as submitted. Second by Richard Sims'. Motion carried unanimously 4-0. 161 1 *<6 V. Transportation Maintenance Report - Hannula James Stcphens, Maintenance Manager reported the following: . Working on the last trimming for this year. . Mainline issues on Golden Gate Parkway due to 3" PVC and not having thrust blockers installed." . Repairs including slip-fix on a mainline have been completed. Discussion ensued on "lane closures" versus "moving lane closures" and the County Warning Signage Requirements. Staff will provide a eopy of those requirements to the Advisory Committee at the next meeting. VI. Landscape Architects Report - McGee & Associates/ .JRL Design C. Maintenance Consultant - .JRL Dcsign Andrew Eisele, ASLA reported doing a drive-by on main roads. . Sunshine Blvd - Some dead Juniper. . Tropieana & 30lh - Some Juniper severely cut back are showing signs of distress. Somc empty spots. · Golden Gate and 951- Will begin trimming the 350 Sabal Palms on Golden Gate and the 200 plus Sabal Palms on 951. · Golden Gate - has exotic plants that should be removed if on County property. . Green and 451h Terrace and Sunset - some trees appear to need irrigation. A. Hunter & Coronado - Mike McGee reported StafT recommended replacing Sunflowers on 951 with Yellow Crown of Thorns because it is drought tolerant. B. West Entry Sign - Mike McGee reported He met with TECM a the Pre-Design meeting and reported the following- . S-Curbing will be installed. . 4-5' will need to be removed from median to install turn lanes. · Pavers will be used when there is not enough room for planting. · Installation of a u-turn at Coronado and 52"0 Terrace is under consideration to allow u-turns prior to turning at Ilunter Blvd. · Landscaping wi II begin South of Lucerne. . Eugene Calvert. Plan Review is in favor of restriping Hunter Blvd into 2-lanes like Coronado. Mike McGee recommended the Committee move to submit a formal request to restripe IIunter Blvd. Pat Spencer expressed concern for the safety of bikers if Hunter Blvd was changed to 2-lanes. Michael McElroy stated he was in favor of 2-lanes to keep traffic moving. 2 161 l~~ Richard Sims stated he was in favor of keeping Hunter Blvd at I-lane for the safety of pedestrians and bikers. Barbara Segura voiced concern for the safety of school children walking and riding bikes to and from school if Hunter Blvd would be changcd. Richard Sims suggested the Advisory Committee ask the Civic Association for thcir opinion. Mikc McGee recommended a special meeting be held in November to keep thc project on schedule. Barbara Segura moved to change the bi-monthly meetings (Golden Gate MSTU Advisory Committee) to every month until January 2010. Second by Pat Spencer. Motion carried unanimously 4-0. Discussion ensued that monthly meetings may be needed past January 2010. Barbara Segura moved to amend the motion to read "untilfurther notice." Second by Pat Spencer. Motion carried unanimously 4-0. Mike McGee rcviewcd the landscape plans for medians; LD4. LD5, LD6 and LD9 as shown on Landscape Plan MSTU West Entry Sign for Golden Gate Parkway. (See attached) VII. Transportation Operations Report A. Budget - Caroline Soto distributed and revicwed the September 2009 Budget Report. (See attached) ~ Available Investment Intcrest - $35.613.31 ~ Available Operating Expense - $58,402.53 ~ Available Improvements General- $LI85.999.00 ~ Purchase Orders to bc Paid - $124,117.05 ~ Purchase Orders Paid - $173.621.42 B. Project Manager Report - Darryl Richard reported on Project Status. (See attached) . (G-29) Bva Process for LA Services - Noticc to Proceed was sent to JRL Design for Annual Serviecs. · (G-30) New Sign at Median #1 Golden Gate Parkway (at Santa Barbara ) Richard Sims moved to have (SignCraft) make I sign for $4,630. Second by Pat Spencer. Motion carried unanimously 4-0. · (G-31) Hunter & Coronado Design; Curbing. Landscape and Irrigation Plans arc 30% completed. . (G-26) Maintcnance Contract - When Revised Master Plan is complete Staft'will present to Committec prior to submitting to BCC for approval. , J 16 f 1 A~ VIII. Old Business A. Committee Member Term Expirations Staff submitted Margaret Harris and Patricia Spencer applications for approval to the Committee. Richard Sims moved to recommend both applications (Margaret Harris and Patricia Spencer) to fill vacancies and be submitted to BCC for approval. Second by Michael McElroy. Motion carried unanimously 4-0. B. Grant Application Richard Sims commended Pamela Lulich. Darryl Richard and Mike McGee and the Staff for the great job on the Grant Application. I Ie expressed his gratitude for the time and efforts above the call of duty working on the Grant Applications for the Golden Gate MSTU and all other MSTlJs. Discussion ensued on grant funds. They must be used on projects funds were awarded for and projects commenced before funds are awarded would no longer qualify. It was suggested the Committee create a sub-committee to compile a list 01' possible projects to have table ready for future Grant Funding. IX. New Business A. FPL Vertical Light Poles Richard Sims stated he would invite FPL to attend and upcoming meeting. X. Public Comments -- None. There being no further business for the good ofthe County, the meeting was adjourned at 6:00 P.M. Golden Gate MSTU Advisory Committee ~:~\ ,;::~g Richard Sims, Chairman These minutes ~r, oved by the Committee on _~L()~ as presented _ or amended _. _____. The next meeting is scheduled for November 10, 2009 4:00 PM at Golden Gate Community Center Naples, FL 4 16J 1 A'lS 2885 Horseshoe Drive Naples, FL 34104 SUMMARY OF MINUTES AND MOTIONS III. Approval of Agenda Add: VI /JRL Design Change: VI A. Hunter and Coronadofi"om Landscape Update Add: VI B. West Entry Sign VI C. Maintenance Consultant - JRL VllI B. Grant Application IX A. FPL Vertical Light Poles Richard Sims moved to approve the agenda as amended. Second by Barbara Segura. Motion carried unanimously 4-0. IV. Approval of Minutes - August 11, 2009 Pat Spencer moved to approve the minutes as submiUed. Second by Richard Sims. Motion carried unanimously 4-0. VI. Landscape Architects Report - McGee & Associates/ JRL Design B. West Entry Sign - Mike McGee reported Mike McGee recommended a special meeting be held in November to keep the project on schedule. Barbara Segura moved to change the bi-monthly meetings (Golden Gate MSTU Advisory CommiUee) to every month until January 2010. Second by Pat Spencer. Motion carried unanimously 4-0. Discussion ensued that monthly meetings may be needed past January 2010. 16, 1 A% Barbara Segura moved to amend the motion to read "untilfurther notice." Second by Pat Spencer. Motion carried unanimously 4-0. VII. Transportation Operations Report B. Project Manager Report - Darryl Richard reported on Project Status. (G-30) New Sign at Median #1 Golden Gate Parkway (at Santa Barbara) Richard Sims moved to have (SignCraft) make 1 sign for $4,630. Second by Pat Spencer. Motion carried unanimously 4-0. VIII. Old Business A. Committee Member Term Expirations Staff submitted Margaret Harris and Patricia Spencer applications for approval to the Committee. Richard Sims moved to recommend both applications (Margaret Harris and Patricia Spencer) to fill vacancies and be submitted to BCC for approval. Second by Michael McElroy. 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" ~ z~ , ,,~ ~ . ~ ~ 161 1 October 13, 2009 Prepared by; Darryl Ricbard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Golden Gate MSTU Project Status (G-29): COMPLETED - BVO Process for LA Services 10-9-09: Notice to Proceed sent to JRL Design per BVO#08-5060 - 1 Annual Services for Landscape Architectural Maintenance Consulting Services for the Golden Gate MSTU (G-30): ACTIVE - New Sign at Median #1 Golden Gate Pkwy (at Santa Barbara) 10-9-09: Design Plans received from McGee's office 9-9-09: Signcraft confirms price for one sign at $4,653.00 7 -29-09: Southern Signal Electrical quote for $3,105 total for sign electrical including light. (G-31): ACTIVE - Hunter & Coronado Design; Curbing, Landscape, and Irrigation Project Name: (2009-003P) Golden Gate Beautification MSTU - Landscape, Irrigation, Curbing Final Design, ( Coronado Parkway & Hunter Blvd,) 10-13-09: Plans are at 30% completion (G-26) ACTIVE - ONGOING- Maintenance Contract Committee approved at Jan. 6 2009; BCC Approved Jan, 27, 2009 meeting; Bid Documents and Bid Tabulation for Bid 09-5153 Golden Gate MSTU/MSTD Maintenance; Hannula Landscaping & Irrigation, Inc, for $267,418.64 (G-25) ACTIVE - Golden Gate Master Plan - revision; (PO 4500100242; Work Order: TLO- MA-3614-07-04; Original Contract Time-Line: NTP 12/8/2006 to Final Completion 12/30/2007; Original PO Amount: $4,800) 10-13-09: Final Review comments and response from consultant received; requires final delivery of revised documents (including updated strike-through) ~ Quote No: RFQ # 072909 Projed: Sigh Structure Location: Golden Gate & Santa 8arba:-a County: Collier BId Letting: Estimator: James T Coleman Date: Wednesday, July 29. 2009 Procuroment: Construction Days: Commonts: TOTAL OF 7 COMMENTS BELOW Contract Item Oescription 715.1-12 715-2-11 ligilt CCTO 2021 Labor Labor COMMENTS: 1.) 2.) 3.) 4.) 5.) 6.) 7.) Conductor, Service No 8 to No 6 Conduit Underground (PVC 8ch 40) (2") Ground Mount Up light for Sign Pilotoelectric Control "Turn & Lock" 480 volt Intennatic LC4353 Technician Crew Leader ~~~El ~Gl~ 1 ~ ",0 ""< lit LIGHTING P.O. Box 5142, Hudson, FL 34674 Ph; 727.819.2061 Fx : 727~857-4097 Unit lotal UM Diy. Price Amount LF 900.00 $ U5 $ 1,575 00 LF 100.00 S 7,00 $ 700 00 EA 1,00 S 400.00 $ 400 00 EA 1.00 $ 50,00 S 50,00 MH 4,00 $ 5000 $ 200 00 MH 4.00 $ 45.00 $ 18000 GRAND TOTAL: $ 3,105.00 ABOVE QUOTE AS PER PLANS AND SPECIFICATIONS FPL IMPACT FEES, PERMIT FEES, PERMITTING AND SURVEYING NOT INCLUDED, IF AWARDED, SSL REQUEST TO ATTEND THE PRECONSTRUCTlON MEETING ABOVE QUOTE IS VALID FOR 30 C/D. ANY BOND REQUIREMENTS WILL BE THE RESPONSIBILITY OF THE PRIME CONTRACTOR I OWNER PLEASE CAll JAMES COLEMAN AT 727-919-5508 WITH ANY QUESTIONS UNDERGROUND & CONDUCTOR WIRE QUANTITIES ARE ESTIMATES ACTUAlS MAY VARY Naples Branch 3884 ProSpect Ave Naples. FL 34104 Phone: 239-33\-8438 ~ax: 239-331-8439 16i 1M From: Kara - SignCraft [mailto:signs2@signcr:aftofnaples.coml Sent: Wednesday, September 09,2009 1:29 PM To: RichardDarryl Subject: 1 new signs for Golden Gate MSTU -QUOTE Darryl. Per our conversation we will be will to break the cost of the 3 Golden Gate signs: $13,960.00 into 3. So we will do the one sign in HDU Foam for the price of $4,653.00, Please let me know if you have any questions or concerns. Thanks Kara Kaleta Lead Sales Associate SignCraft of Naples 239.643.1777 ex! 203 Fax 239.643.2499 Cell 239.293.0503 www.siqncraftofnaoies.com Results of Request for Quote - 3 Signs for Golden Gate MSTU (Quote Requested: 6-16-09; quotes received 6-26-09) Vendor Lykins Signtek Varian Construction SignCralt Vendor Lykins Signtek Varian Construction SignCralt Option #1 (match existing materials) $10,500.00 $41,500.00 $15,910.00 Option #2 (upgraded material quality) $14,100.00 $47,500.00 $13,960.00 161 1 ~~ &fir" ~Ill'" - - 14 PwnIft NIl..... fI/I ~ ... --- --- M&A Response: Wilt revise to currentboardsElating,Oncathe plan is approved for final printing Community then the Commissiner 11.'11 will be Roactw.ys revised to the current sitting BeMlllficalioo board_Pagewa$llotintendedto MasterPlan GoldenGlilte be numbered il is an MSTU GoId&tlGate MSTU/Denyl Page2INot Chairman Illlly be wrong on the acknowledgement and not Hold Review MSTU Richard 71612009 7f7f2009 Bob Pttl&r$8f1 numbered Commisaioner page. conlenl 10 the plan Community M&A Response: Please clarify Rosdways commen\s as to locatlonwilhin Beautification GoldenGafe thaplan,langauaga8ddedto MSTU MaalerP18n MSTU/Dl!lrryl "RighI plant right pllK:&" rn0f8 pace 4-2 aboulrighl trae righl Hold Review Golc:klnGata Richard 716W09 7f712009 Bob Petarsen mport8nt than origin ofplanl pales M&A Response: Will revise to currenlboardseating,Oncethe plan is approved for final printing Community then the Commissiner hst will be R08liw8ys revised to the current silllng Beautification board_Pagewasnotintendedto MasterPlan GoldflnGate be numbered it is en MSTU GoIder1Gate MSTUlDllITYi Page2INot Fiala iacurrentlythe acknowledgemenl and not ",. Review MSTU Richerd 71612009 7/10/2009 Pam Lulich ,,- CMirperson conlent to the plSn. Co/lier County Transportation ServiCft Diviaion, Altemative Transportation Modes Community Department, Chenge T. Richard Roodway> 10 Darryl Richard, RLA. MSTU Beautification Projecl Manager. Cl'.ange MasterPlen Golden Gate Tessie SlIlery, MSTU Pro;ect MSTU Golden Gate MSTU/DeJ'l)'1 PBg83lNol CoordlnetortoTeullilSiJlery M&A Response: Revised per HOld Review MSTU Ric:nard 7/612009 7/1012009 Pam Lulich numbered MSTU OperatiOns Coordinator. comment Corrrnunity SouthFlor1daWater R_, MenegernenlDilltrict, South Beautification FIOIide Edition 'WBlelWlse" MasterPlen Golden Gale South Florida Landscape.s, MSTU Golden Gate MSTUlOarryl LandsC8ping to promote water M&A Response: Revised per Hold Review MSTU R"""" 71612009 7/1012009 Pamlulich Page 2-2 conservalion uaingthe commant Community SouthFIOIidBWater R08dways Manaoement District, South Beeulification Florida Edition 'Wllterwiss" MasterPlan Golden Gate South Florida Landscapes, MSTU Golden Gate MSTUlOerryl Landscaplng to promote water M&A Response: Rev;sedper Hold Review MSTU Richard 71612009 7f10f2Q09 Pam Lulich Paga2-2 cons8fVationusinglhe comment. Community Missing Later Roadways Hlstoryaftef Beautification the Landscape InllOl'pOrtalec1 the Golden Gale MasterPlan GoIden~te BeautiflCBlion ROIdway beautification Masllir M&A Response: Inserted MSTU Golden Gate MSTUlDerryl MlilslarPlanp1 Plan In lh. Lend o.velopment comment inlo plan section 1 '" Hold Review MSTU Richerd 71612009 7/1012009 Pam Lulich 3 Code in 2003. allachlld m_ting, the Board of CCH.nty approved II policy for Mure lendac:aptl u,pans/on projects lniliatec1byDevelopers, MunlctpalServlcaTaxingUnil (MSTU), or Homeowner Asaocilltlon (HOA) fOf inclusion into the Collier County landscape Beautification MelllarPlan, Reconw'I1ended policy Collier County LandlCllpil Maatllf Plan requires Type "8" landscaping Improvements on IIUSlanearterialswlthinthe u!banlzed area, budget permitting 1. If a developerfMSTUIHOA desires 10 land5Cllp8e6-4ane rosdway that nas not been landacaped due to budget constraints and commits to improve the roadway to County establishedType"S" land!l.e;8ping standlilrds, the developerlMSTUIHOA may do Community Missing Later so lit their own cost. The county ROllu;lweys Hisloryaner wotAd anume the maintenance BealAlficatlon the Landscape responsibilities subject 10 Board MasterPlan Golden Gate Beautifi~lon approval. This condition would M&A Response: Inserted MSTU Golden Gete MSTlJlDarry! Mast8l" Plan p1. require the County to ilVlllullte comment into plan ~i<m 1 see Hold Review MSTU Richard 716/2009 711012009 Pam Lul;cI'J 3 Uti ability to fund ongoing allacMd 161 1M MEMORANDUM DATE: August 7, 2009 TO: Tessie SiIlery, Transportation~TM Sue Filson, Executive Manager Board of COWlty Commission I ~ Golden Gate Beautification Advisory Committee FROM: RE: As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Margaret Harris 2309 Hunter Bouelvard Naples, FL 34116 Patricia Spencer 5401 25th Place, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 252-8097. Thank you for your attention to this matter. SF Attachments 161 1 ~'t Ju I .29. 2009 3: 25PM N0.9917 p. 2 . Board of County Commissioners 3301 East Tamiaml TraU Naplca, FL 34llZ (239) 252-8606 Fax: (239) 252-6406 ~pplication for Advisory CommitteeslBoards Name: l1l~e~~RI.s HomePbone:';3j.4t.6.l-&l-'1 Home Add......: :i?J4>q 1:hu.iTP.:-R -:BL-Vh. ....1 Af I ..:::s Zip Code: <.L/ 1/ ~ Fu No. Su... 'l~/'J Busin... Pllone: df.....2. /.:KJ.;:J. ..mall addr...; Plsce otEmptoyment: ~,i,1'-. me fi: 1ZA1+-(P. A. I ArtolZ...IEJ Q LA...J Board or Comlllit1ee Applied for: ~ "'"'" [ 6Pm:;: m~<;T /..L ~~~~J ~ ~TEE"" Category (if applicable): EDlDple: Commission DIot Developer, envlronmelltalllJt, l>oy penon. etc.. How long lIave you lived In CoWer County: Vears:..5J2 Month" 1L . Are you a reg.isten>d voter In CoWer County: Ves ~o_ Do you ""rrently 1I01d public office? Ves _ No ~f so, what is that office? Have you ever been convic:ted of any offense against lbe Law? Yes /' No_ Ify...~lain: L M M.';\ ~~ 114o-p~ ~""'M1~"'-;flev b.J~.AtC""""'~ ~A ;r.J WI f( Do you or your employer do bu.ln... with tbe County? Yes _ No ~ If yes, under what clrCllmllance.? WooJd yon andlor any orga......tions '!iIb "'011I you are all'iliated bene1it from d~u or rcc:ommendatio!,1 madebythlsadvisory rd? V....JL..No If yes, plea"" Ustthe Orplll%atloul\: .J,.~""fl.\,; o.....r.ll.1~ . I r.J"'il1 ~~f>,J~~m5 ~-:CJ'1hE d'p. ~: All advisory bosrd ........ben ...out u ta lbeir profile and notlfy tlse Board of County Commissioners in the event thst their relationlhip changes relatlnglo membership. of orp_tion. that may benefit them in the outcome of advisory board I'CCOJDDludationl or they eu.fer into CODtraets with tbe County. Do you now serve, or bave you ever lerved, on a ColUer County board or committee? Yes y"""'No If yes, ~se IIlJt the commiue./bollrd.: ,,_ , - - ~ ~J~(>ArinJ umm.:lT!l'f:" . . . . 161 1 M Jul.29. 2009 3:25PM N0.9917 P 3 Please list your community .ct\vltl.. (civic <I..l1o, neighborhood ."o<iatlona, ele. alld posltio.. b~d: - --.. I ~ _. I Ed.cation: ~ ~ ~ c.. ~~1 ~ ff1Jl%~l(=g jE:&~i~t~.:~. . 2i;.:1~I.t{l,}t~~it~r.;;:; ~:J.~~ I+riDA161Hp ~!tJ:~~~~ PIau - "'" ----qwJ Ujf~YtHJf<ttl~ TIt4 "l'J1IkmI"" _ boftt>Hud..", SWel'Usq-._1v< M_et'tolh'_.fC8rurIJI C_""__. $501 E"'" T-...J7iwIl, tv.",.., F1.!U1l2. flytJU ..Wo,pkluq""y'"'' fIJ1P/k:tltioIoto (239)252-64/16 ....-11I ~""'-"""'-",_..... 71II....._f""WJbW~ III...... 1hz -.... of CDlIier C""n(y. 161 I ~c\ Jul.29, 2009 3:26PM No.9917 p. 4 . MARGARET (pEGGY) HARRIS 13O!t BOUlter Blvd Naples, FL 34116 239-465-7349 Phoue IcraDironlawliilvahoo_eo~ OBJECTIVE ~lrillg full-tilne position to eobImoo my ed'~""IAI and professional background EDUCATION B8C("AI..n-c:ate in Science ofLegql Studies, Internlltional College, June 2003 SKILLS Legal: Criminal, Tort, Business, Health, Personal h:Uury, PIl', Workers COIl1pensation &; Wrongful Death, Liens, Contracts, Family, Cl-.cy, Wills Medhd: Physical Therapy, Medical Terminology, Ward Secretary A~ Office Management, Accounting-AlP &; AIR, Payroll, Taxes, Project Anal)'llis, Purcbasirl&, Receiving, Ex1aIsive COll1pUIer Hardware &; Software . WORK mSTORY LepJ Asalstlmt, David L. McElrQlh, Naples, FL, 2005-Prllsent Seaior ParalepI, Breiden & Asroclates. Naples, FL, 2001-2004 Oftke Maaaeer, Forbis Electrical Contractors, Naples, FL, 1996-2001 Chiropraetie Phyaichma Asalst, Dr William K Nevius, Naples, FL, 1995 omee MlllUlger, Forbis ElectrllXll C01f1ractors, Naples, FL, 1992-1994 PERSONAL &. PROFESSIONAL A.FFILIATIONS &. ACI'IVITES Frontier Days President, 2006 to Present Golden Gate Area Civic Association, Member, 2004 - Present T("..."hjll& Assistant in Lel!lll Studies, Intmnational College, 2003 - Present Criminal Trial Volunteer, Sparkman &; Quinn, 2004 - 2004 President of Legal StudiesIPlU'Illega1 Club oflntcmal:ional College, 2000.. 2003 CLSP (Collier Legal Support Profalsionals) Mem,*" 2001 - PmJcnt American Red Cross Volunteer, 1995-Prc:sent Sac (School Advisory Council) Head Start Program, Collier County, 1997-1998 Sac (School A<lv:OOIy Council) Shadowlawu Elemco:lllly, 1997-2003 REFERENCES Available upon request . .. . . . 161 l' t% -",I' U.:, , ""' ~ < Ii," j::1 i JUL 2 9 2009 Ii' !,-..' I ;; ISY -:.;,:.;c_.,~c;=c;;-..Boa.td of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 252-8606 Fax: (239) 252-6406 i \ '" Ii" rl' II , i,' ) I [~ I :1,\ I:: ,,! 1'1' ' 7/11-09 ~pplication for Advisory Committees/Boards' Name:_'Potr~c.:Cll...5 F.tU\ ce( Home Phone: 23 9- 30lf - bgf? fc, Home Address: !Ji.flJ/ oi6+R. e.1",('E" Sk) Zip Code: 3'1116-7501 Fax No..-/ Business Phone:,..-' e-mail address: rp<Ul.r o.L (10't~\ Ce>I\ Place of Employment: R<2:h r-e~ Board or Committee Applied for: &old,,-I'\ G-o>:te msn) (6:. G:. (l,{l" ,.;:ji., r'..oic;" ~ ~ Category (if applicable): ~ Example: Commission District, per, environmentalist, lay person, etc. How long have you lived in Collier County: Years: X Months:..iQ Are you a registered voter in Collier County: Yes V No_ Do you currently hold public office? Yes_ No _LJfso, what is that office? Have you ever been convicted of any offense against the Law? Yes _ No --L If yes, explain: Do you or your employer do business witb the County? Yes _ No ~ If yes, under what circumstances? Would you and/or any organizations with whom you are affiliated benefit from decisions or recommendations made by this advisory board? Yes_No--lLIfyes, please list the organizations: NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Do you now senre, or have you ever served, on a Collier County board or committee? Y es ~ No _ If yes, please list the committees/boards: \ Pdhu,"'Y Adlli""e"'y cnmm,ttcc:.. (J'ftCj 16i 1~ . Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: ~(~ ~~ t'V1C A'7~~e." c"- \ ""' Pm..\ "'''-') ( 1,+11''>'" Education: I-\;~ ~W Experience: 'r ~'"tA--. CJ-';1 ~ GrG- N\S/V f C (V] c A<:..soC, 1',~vol'VeJ. m Cn.HhIiV"\+1' end.. ..........""c~c."'YV\e.,,+ \A;/ +~o;"'- ~e-r-ts. -+0 \J<>-Y''f ffd~ I , :::::;f~ ~:~ _P:;:~ ~4Q R,u-';;'''''''<t.1I" cd"..~...j +Ro_ . I-r- ((. .Qeu<.v. - ~ ). tkri-;C\f~""-" .:.... 4e>.'S~ if'. ~"- n~~1 . s......~-h. ~ Pa..rA-' ~C:J ~i-'t f~ke_ ~e..o7 +' u)?f...QJ.~ L-cun ""-'" . IfIJ-~"""A'1'l s... "'-v--, d j:J I C'jC f ; s.~ ~ PAC. ..:..~ -+fv. ~-r ~ 2c3JcJ u /' )>.A"'TC . {, +- '1-=-''l('" s fi.H i c', r-t"ti!..1:l . Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board afCounty Commissioners, 3301 East TamiamJ Trail. Naples, FL 34112. llyou w;sh,pleasefaxyour application to (239)252~6406 ore-mail tosuefilson(Q).collieruov.net. Thankyoufor volunteering /0 serve the citizens of Collier County. 161 ~~tb~ 2885 Horseshoe Drive Naples, FL 34104 MINUTES I. Call to order The meeting was called to order at 4:0 I p.m. by Chairman Richard Sims. A quorum was established. II. Attendance Members: Barbara Segura. Richard Sims. Pat Spencer. Michael McElroy. Peggy Harris County: Darryl Richard - MSTU Project Manager. Caroline Soto - Management Budget ^nalyst. Tessie Sillery. MSIU Operations Coordinator Others: Sue Flynn Mancan. Michael McGee - McGee & Associates. Andrew Eisele and David Cosslett - .IRL Design III. Approval of Agenda Move VII Landscape Architects Report JRL Desixn 10 V (1lannula had an emerxenq and was unahle to aI/end Ihe meeting) Richard Sims moved to approve the agenda as amended. Second by Barbara Segura. Motion carried unanimous~v 3-0. Peggy Harris and Pal Spencer's applications were submitted to the Bec I()r approval in October so were ineligible 10 vole. IV. Approval of Minutes - October 13,2009 Richard Sims moved to approve the minutes as submitted. Second by Barbara Segura. ll1otion carried unanimously 3-0. 161 1 ~~ V. Landscape Architects Report - ,JRL Design Andrew Eisele distributed and reviewed a Landscape Architect's Field Report as verbally presented at the GG MSTU Beautification Meeting held on October 13. (See attached) He reviewed the general conditions and identified problems at: . Golden Gate Parkway . Sunshine Boulevard . Collier Boulevard . Tropieana Boulevard Discussion ensued on the dead. brown spots in the juniper beds and alternative replacement ideas. Stall will contact ^ & L Labs to test for fungus. Andrew Eisele stated a Saw Palmetto tree is hanging into the left turn lane at 52"u Terrace creating a safety risk because cars have been swerving to avoid it. Darryl Richard reporkd Ray Leonard has inspected the water pump located at 43'u SW and Golden Gate Parkway and will provide both a wiring and pump repair quote. Barbara Segura cxprcssed concern the Contractor was not providing weekly irrigation services contracted for stating the watcr pump issue could have been avoided. Staff reassured the Committee - . The Contractor is responsible for any loss of plants. . StafTwill review all the details on Weekly Reports provided by the Contractor. . The zone has a wiring problem. . ^ quote has becn received from Ilannula. Staff has requested three additional quotes. . The average cost of a replacement submersible water pump is $5.000. Richard Sims asked Staff to find a vendor that will also service the pump. VI. Landscape Architects Report - McGee & Associates A. Hunter & Coronado Mike McGee distributed a CD Il)r Committee review and asked them to email Darryl Richard with their recommendations. (CD included) He reportcd the fl)lIowing: . Pavcrs incrcased costs and Project remains within Budget. . Frcsh soil will be used to top medians. . Native plants will be used in landscaping medians. . Irrigation System will "water to establish plants" . Survey shO\vs land has a pitch and overlay will not be necessary. . Curbing will meet County Standards. ') 161 1 Nt . Stripping will remain the same on both Hunter Boulevard and Coronado Parkway. Discussion ensued on '"Sleeving" for future lighting. '"Sleeving" was a line item in the Budget but had not been ineluded in the bid process. Barbara Segura moved to include "Sleeving" in the bidfor possible future lights. Second by Richard Sims. Motion carried unanimous(y 3-0. B. West Entry Sign Mike McGee distributed a Site Location Plan showing the placement of the '"Welcome to Golden Gate" sign. Richard Sims reported the Golden Gate Civic Association was not in favor of the GG MSTU replacing plants the County was suppose to replace belore they ran out of money. lie apologized and took htll blame for not being persistent in holding the County responsible when there was money available and vowed it would not happen again. Staff recommended the Committee approve the installation location and the elevation of the sign. It was recommended to elevate sign 16-18 inches. Mike McGee recommended laying berm before the installation of the sIgn. It was noted sod or Bahia grass would have to be planted with the berm. Richard Sims moved to re-install the (Welcome to Golden Gate) sign, the lighting and berm, with the berm' costs not to exceed $3,500. Second by Mike McElroy. Motion carried uninamiously 3-0. Discussion took place on insuring funds remain available for the completion of the Hunter & Coronado Project by not spending ti.ll1ds on landscaping the area at the reinstalled sign. The Committee decided the reinstalled sign and the surrounding area would look presentable upon completion and possibly by March 20 I O. the County may have the funds to replace plants as promised. VIII. Transportation Operations Report A. Budget - Caroline So to distributed and reviewed the September 2009 Budget Report. (See attached) She reported Ad Valorem Tax in the amount 01'$2.665.43 has been received and the "Direct Pays" were now shown per the Committees request. B. Project Manager Report - D;,w':lIssed with VII Golden Gale /vISTU ['miee! Sial liS Report was distrihllted (See allached) , -, 161 Mike McElroy asked Staff if they had clarification on lane closures slgnage. StatI'stated the ROW Department has eontrol of enforcing the County Warning Signage Requirements. IX. Old Business A. Committee Member Term Expirations Peggy Harris and Pat Spencer's applications were previously recommended by the Committee for BCC approval. The applications will be considered by the HCC at their December meeting. X. New Business - None A. FPL Vertical Light Poles - None XI. Public Comments None. There being no further business for the good of the County, the meeting was adjourned at 5:20 P.M. Golden Gate MSTU Advisory Committee These minutes approved by the Committee/Board on as presented _ t;L- or amended I--z.../ '01 Dry The next meeting is scheduled for December 8, 2009 4:00 PM at Golden Gate Community Center Naples, FL 4 1 .f\1> 161 GOLD 2885 Horseshoe Drive Naples, FL 34104 SUMMARY OF MINUTES & MOTIONS III, Approval of Agenda Move Vll. Landscape Architecls Reporl- JRL Design 10 V Richard Sims moved to approve the agenda as amended. Second by Barbara Segura. Motion carried unanimously 3-0. Peggy Harris and Pat Spencer's applications were submitted to the Bee for approval in October so werc ineligible to vote on any motions. IV. Approval of Minutes - October 13, 2009 Richard Sims moved to approve the minutes as submitted. Second by Barbara Segura. Motion carried unanimously 3-0. VI. Landscape Architects Report - McGee & Associates A. Hunter & Coronado Discussion ensued on adding "Sleeving" for future lighting into Budget. "Sleeving" was a line item in the Budget without an estimated cost. Barbara Segura moved to include "Sleeving" in the bidfor possible future lights. Second by Richard Sims. Motion carried unanimously 3-0. B. West Entry Sign Richard Sims moved to reinstall the (Welcome to Golden Gate) sign, the lighting and berme, with the berm' costs not to exceed $3,500. Second by Mike McElroy. Motion carried uninamiously 3-0. I ~ 161 11 ~ DESION LANDSCAPE ARCHITECTURE PLANNING DESIGN 405 5" A VENUE SOUTH SUITE 5 NAPLES, FLORIDA 239-261-4007 OCID[fi)@]~@CID[?)@ CID[P@DTIO~@@~9~ ilo@O@] [P@[?)@[P~ COpy TO: ~ OWNER 0 ARCHITECT 0 ENGINEER 0 CONSULTANT ~ MSTU Committee PROJECT: CONTRACTOR: Golden Gate MSTU Hannula Landscaping - Jim Stevens REPORT NUMBER: JRL COMM No: I 09018 Dates: 10/13/09 11/03/09 Times: 2:30-4:30pm 4:15-5:15 pm Weather: Clear Estimate % Complete: N/A Temp Range: High 80s Schedule Unknown Conformance: PRESENT: 10/13/09 11/03/09 Andrew Eisele, David Cosslett, Jim Stevens. Darryl Richard David Cosslett WORK IN PROGRESS: No workers present. OBSERVATIONS: General Conditions - Landscape Maintenance Review REVIEWS: REPORT: Areos Covered: 1. Golden Gate Parkway 2. Sunshine Boulevard 3. Collier Blvd (from GG Pkwy to Green Blvd) 4. Tropicana Blvd 5. Median on 18'h Ave at 40th Terrace 6. Median on 18'h PI at Sunset Rd . = Stated in Verbal Presentation by Andrew Eisele (JRL Design) on 10/13/09 Areo 1: Golden Gate Parkwoy . . Sabol Palms are in need of pruning of dead fronds and seed pods (See IMG-Ol & 02) . . Presence of Exotic Species (Acacia) on South side of Parkway near Santa Borbora Blvd - Question raised about ownership of land (See IMG- 03) . . Dry Spots present at eastern end of Porkway (near Golden Gate Country Club) -Irrigation issues (See IMG-04) . . Bougainvillea are in need of pruning of new growth shoots (See IMG-05) . Dead/brown spots in juniper beds need to be cut out: significant holes need to be replanted. Possible fungal problem - send samples to A&L Laboratories for testing. (See IMG-06) . Saw Palmetto hanging into Left Turn Lane at 52'd Terrace is creating safety risk as cars are swerving to avoid; natural reduction pruning necessary (See IMG-07) . Empty spots in Fakahatchee Grass Beds to be tilled (See IMG-08) . Sword Fern bed is showing signs of stress along edges closest to vehicular lanes: remove dead foliage (See IMG-09) . * Maintain pJantings in Site Lines at 24" ".m. ,.~_~....___,..._~.~.." __ ______.".'"_._~_...".~~.._"" ~h.__.._.__._.'_., 16 J 1 LANDSCAPE ARCHITECTURE f-'lANNIr--K~ DESIGN 405 5th A VENUE SOUTH SUITE 5 NAPLES, FLORIDA 239-2614007 Area 2: Sunshine Boulevord . . Dead/brown spots in Juniper beds need to be cut out; significant holes need to be replanted, Possible tungal problem - send samples to A&L Laboratories for testing, (See IMG-l 0) . Dead plants in Plumbago beds need to be replaced; dead branches to be pruned (See IMG-II ) . . Tree Stoking - leaders need to be tightened to provide support for leaning trees (See IMG-l2) . Bougainvillea ore in need of pruning of new grawth shoots (See IMG-13) . Crepe Myrtle ore showing signs of stress - Fertilization required: Thinning and proper pruning to toke place in fall/winter months to encourage new growth and blooming (See IMG-14) . .j< Maintain plantings in Site Lines at 24" Areo 3: Collier Boulevord (from western sign to eastern sign) . . Sobol Palms ore in need of pruning of dead fronds and seed pods (See IMG-15) . Dead plants in Plumbago beds need to be replaced; dead branches to be pruned (See IMG-16) . ,. Maintain plantings in Site Lines at 24" Areo 4: Tropicono Boulevord . . Sobol Palms ore in need of pruning of dead fronds and seed podS; clean-up seed pods that hove fallen from palms (See IMG-17 & 21) . . Dead/brown spots in Juniper beds need to be cut out; significant holes need to be replanted. Possible fungal problem - send samples to A&L Laboratories for testing. (See IMG-18) . . Empty spots in Fakahatchee Gross Beds to be filled (See IMG-19) . Dead plants in Plumbago beds need to be replaced; dead branches to be pruned (See IMG-20) . Ixora showing signs of stress; fertilization required. Dead plants to be reploced; dead branches to be pruned (See IMG-21) . . Maintain plantings in Site Lines at 24" Areo 5: Medlon on IS'" Ave at 40'" Terrace . ' Sobol Palms ore in need of pruning of dead fronds and seed pods (See IMG-22) . . Bougainvillea ore in need of pruning of new growth shoots (See IMG-23) . . Maintain plantings in Site Lines at 24" Areo 6: Medlon on IS'" Plot Sunset Rd. . . Sobol Palms ore in need of pruning of dead fronds and seed pods (See IMG-24) . . Bougainvillea ore in need of pruning of new growth shoots (See IMG-25) . . Maintain plantings in Site Lines ot 24" ACTION REQUIRED: Review report for actions required Reported by: Andrew Eisele. ASLA, registered landscape architect David Cosslett, professional associate .<_ H'~" _"~." _'. ""_.' ,.,~ ,",,"', C') o I o 2 - N o I o 2 - ~ o I o 2 ~ '! 4 , > . 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In ~ ..-' Z ~ ~ ~ D ~ \- Z u.. < iiZ \fl L) .Z I~ .cJ) ~-_._--'---- I' I ;!; '" '" ~ ~- NI U 16 NI '7S ---- -NI 9~-- ---.- t~ , . --..--NI 09-------. --------1 ~! ~ "( " '" ::; ~ "' " co '" '" (t ~ ~ t<l a 8 "' '" ~~ ~w ~~ e~ i ~~i'5~ I ..u:t:"") ~<~;; I t" .", @~~D ~ ..,,~ I _z-;:._ t<-J9~~ .;-liI"''' ~~~~ ' ~ID~~ I O...J<< iEus1'i1'i I tiil!li~ hil1iU Ii! _Ill 1 iUd-I, . iU'liii li!i"11 rihliai 'iII'11 lih I!I. I M~ni. !>1~Ud 161 1 rcb November 10, 2009 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Golden Gate MSTU Project Status (G-32): ACTIVE - Re-wiring Irrigation Zones; Golden Gate Pkwy and 43'" Street 11-05-09: ATM Dept. Staff (Pam Lulich, Roger Dick, Darryl Richard) review of irrigation within medians served by pump station on 43'. Street indicates that too many irrigation heads are wired to the zones within the medians; review of potential project to "re-wire" and/or reconfigure the zoning/water allocation within the medians is underway. (G-32): ACTIVE - Pump Replacement on Golden Gate Pkwy and 43'" Street 11-09-09: FIS reports that the pump system on 43'" Street is in need of 'replacement'; staff is obtaining quotes from vendors for complete replacement of pump system (15 hp motor) (G-29) COMPLETED - BVO Process for LA Services 10-9-09: Notice to Proceed sent to JRL Design per BVO#08-5060 - 1 Annual Services for Landscape Architectural Maintenance Consulting Services for the Golden Gate MSTU (G-30): ACTIVE - New Sign at Median #1 Golden Gate Pkwy (at Santa Barbara) 10-9-09: Design Plans received from McGee's office 9-9-09 Signcraft confirms price for one sign at $4,653.00 7-29-09: Southern Signal Electrical quote for $3,105 total for sign electrical including light. 11-10-09: SignCraft "Image Proof' requires Committee approval for installation. Also, proposal to elevate sign by 1.5 feet to accommodate landscape/berm installation requires review/approval. (G-31): ACTIVE - Hunter & Coronado Design; Curbing, Landscape, and Irrigation Project Name: (2009-003P) Golden Gate Beautification MSTU - Landscape, Irrigation, Curbing Final Design. ( Coronado Parkway & Hunter Blvd.) 10-13-09: Plans are at 30% completion 11-10-09: Plans are at 60% completion; staff confirms Coronado will remain 4 lane roadway per 'Pre-Design Conference" held on June 22, 2009. (G-26) ACTIVE ONGOING- Maintenance Contract Committee approved at Jan. 6 2009; BCC Approved Jan. 27, 2009 meeting; Bid Documents and Bid Tabulation for Bid 09-5153 Golden Gate MSTU/MSTD Maintenance; Hannula Landscaping & Irrigation, Inc. for $267,418.64 (G-25) ACTIVE - Golden Gate Master Plan - revision; (PO 4500100242; Work Order: TLO- MA-3614-07-04; Original Contract Time-Line: NTP 12/8/2006 to Final Completion 12/30/2007; Original PO Amount: $4,800) 10-13-09: Final Review comments and response from consultant received; requires final delivery of revised documents (including updated strike-through) 11-10-09 Updated 'strike-through' per staff/Committee comments pending from McGee & Associates ~ i:g .. ~oo ~oo ~gg ~"''''' ION' It)(7Ioa lO(Dl(')lt) OC\i"":N ~~~(O "":.n O~ 0'" N"': :ll: ~:;! 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D: l- Coronado and Hunrer Median Improvemenr Plans 60% Opinion of Probable Construction Cosr 161 1 i\- <t lillMNo, ~ I""" 101-1 MOBILIZATION 1 $ 15,000.00 $ 15,000.00 102-1 MAINTENANCE OF TRAFFIC L5 1 $ 30,000.00 $ 30,000.00 102-99 VARIABLE MESSAGE SIGN (CONTINGENT) EO 120 $ 28.00 $ 3,360.00 110-1-1 STANOARO CLEARING & GRUBBING L5 1 $ 22,500.00 $ 22,500.00 120-4 SUBSOIL EXCAVATION CY 3,330 $ 7.50 $ 24,975.00 120-6 EMBANKMENT CV 362 $ 1250 $ 4,525.00 162-1-33 PREPARED SOil lAVER, SPECiAL DEPTH CY 4,168 $ 1650 $ 68,772.00 285-709 BASE GROUP 9-6 IN TYPE B-12.5 SV 2,552 $ 37.00 $ 94,424.00 334-1-24 SUPERPAVE STRUCTURAL COURSE 2 IN 5P-125 TN 281 $ 115.00 $ 32,315.00 520-1-10 CONCRETE CURB AND GUTIER, TYPE F LF 17,816 $ 9.00 $ 160,344.00 526-1-1 PAVERS, ARCHITECfURAL SV 2,672 $ 60.00 $ 160,320.00 555-1-1 DIRECTIONAL BORE (LESS THAN 6 IN) LF 2,000 $ 15.50 $ 31,000.00 570-1-1 SEED & MULCH (CONTINGENT) SV 5,400 $ 0.65 $ 3,510.00 575-1-2 SOD, BAHIA (CONTINGENT) SV 2,100 $ 2.00 $ 4,200.00 700-20-11 SIGN, SINGLE POST 112 SF OR LESS), F&I AS 2 $ 250.00 $ 500.00 711-11-121 THERMOPlASTIC, STANDARD, WHIT[, SOLID, 61N LF 2,904 $ 1.00 $ 2,904.00 711-11-125 THERMOPlASTIC, STANDARD, WHITE, SOLID, 241N LF 126 $ 4.75 $ 598.50 711-11-170 THERMOPLASTIC, STANDARD, WHITE, ARROW EA 50 $ 100.00 $ 5,000.00 706-3 RETRQ-REFlECTIVE PAVEMENT MARKER (WHITE/REO) EA 160 $ 4.50 $ 720.00 715-4-400 LIGHT POLE COMPLETE, RElOCATE EA 2 $ 3,150.00 $ 6,300.00 Total Cost Estimate for Median Improvement Plans $ 671,26750 PAY ITEM NOTES: 102-1 102-99 110-1-1 120-4 120-6 162-1-33 INCLUDES THE COST OF All TRAFFIC CONTROL RELATED ITEMS, INCLUDING VARIABLE MESSAGE SIGNS, ARROW PANElS, SIGNAGE, BARRICADES, TEMPORARY STRIPING, AND ANY OTHER DEVICES NEEDED TO IMPLEMENT THE TCP DURING CONSTRUCTION. THE COST OF THE TCP PREPARATION AND PROCESSING OF THE ROW PERMIT SHOULD BE INCIDENTAL TO THIS PAY ITEM. COLLIER COUNTY WILL PAY FOR THE COLLIER COUNlY ROW PERMIT FEES, A5 APPLICABLE. THIS IS A CONTINGENT ITEM AT THE OPTION OF THE OWNER TO PROVIDE PUBLIC INFORMATION MESSAGES REGARDING THE PROJECT AND MAYBE USED AT THE OPTION OF THE OWNER A5 AN ADDITIONAL AID TO IMPLEMENT THE TCP. REMOVAL OF EXISTING CURB AND ASSOCIATED PAVEMENT WITHIN THE MEDIAN IS INCIDENTAL TO THIS PAY ITEM, AS APPLICABLE. SAW CUTTING THE EXISTING PAVEMENT TO REMOVE THE EXISTING CURB lS INCIDENTAL TO THIS PAY ITEM. THIS PAY ITEM REFERS TO THE EXCAVATION AND DISPOSAL OF THE EXISTING IN SITU FILL MATERIAL THAT IS TO BE REPLACED WITH THE MEDIAN TOPSOil BACK FilL. THE SUBSOIL MATERIAL MAYBE USED A5 EMBANKMENT IF IT MEETS APPLICABLE CRITERIA. THE SUBSOil QUANTITY IS CALCUlATED TO A TRUCK MEASURE VOlUME OF 1.5 TIMES THE IN PLACE VOLUME. THIS PAY ITEM REFERS TO THE FILL NEEDED TO DEVElOP THE MEDIAN Fill SECTION, EXCLUDING THE TOPSOIL PORTION OF THE Fill SECTION. THE SUB SOil MATERIAL MAYBE USED AS EMBANKMENT IF IT MEETS APPLICABLE CRITERIA. THE EMBANKMENT Fill QUANTITY IS CALCULATED TO A TRUCK MEASURE VOLUME OF 1.5 TIMES THE IN PLACE VOLUME. THIS PAY ITEM REFERS THE MEDIAN TOPSOil BACK Fill DEPICTED IN THE "PROPOSED MEDIAN FILL SECTION" IN THE SPECIAL DETAILS SHEET. ADDITIONAL TOPSOil SPECIFICATIONS ARE PROVIDED ON THE SPECIAL DETAilS SHEET AS WEll AND ARE INCIDENTAL TO THIS PAY ITEM. THE MEDIAN TOPSOil BACKFill QUANTITY IS CALCULATED TO A TRUCk MEASURE VOLUME OF 1.5 TIMES THE IN PLACE VOLUME. Page 1 of 2 Coronado and Hunter Median Improvement Plans 60% Opinion of Probable Construction Cost 161 14\~ 285.709; 334-1-24 COST OF EXCAVATION TO CONSTRUCT THESE ITEMS 15 INCIDENTAL TO THESE PAY ITEMS, AS APPLICABLE. SUPERPAVE WEIGHT IS CALCULATED AT 110 LBS/SY/IN 520-1-10 COST OF EXCAVATION, CURB PAD (4 IN lIMEROCK OR ASPHALT BASE) AND COMPACTED SUBGRADE IS INCIDENTAL TO THIS PAY ITEM. COST OF SAW CUTTING EXISTING PAVEMENT IS INCIDENTAL TO THIS PAY ITEM. 526-1-1 COST OF 6 IN ClASS I CONCRETE SLAB, MORTAR SET, AND BEDDING SAND AS DEPICTED IN THE "TYPICAL MEDIAN CONCRET PAVERS DETAIL" ON THE SPECIAL DETAILS SHEET IS INCIDENTAL TO THIS PAY ITEM. A 10% WASTE FACTOR IS INCLUDED IN THE QUANTITY. 570-1-1; 575-1-2 THESE ARE CONTINGENT ITEMS AT THE OPTION OF THE OWNER. WATERING FOR A PERIOD OF THREE MONTHS (lWlCE A WEEK) IS INCIDENTAL TO THESE PAY ITEMS, AS APPLICABLE. 715-4-400 THIS INCLUDES TIEING INTO THE EXLSTING WIRING AND CONDUIT, AS APPLICABLE. COORDINATION WITH FP&LIS INCIDENTAL TO THIS PAY ITEM. ALL NUMBERS ANY MATERIALS OR PERFORMANCE TESTING REQUIRED (I.E. SOIL ANALYSIS, SOIL DENSITY, CONCRETE STRENGTH, GRADATION, ETC.) BY THE SPECIFICATIONS SHAll BE PERFORMED IN CONFORMANCE TO THE SPECIFICATIONS AND INCIDENTAL TO THE APPLICABLE PAY ITEM NUMBER. ALL NUMBERS SURVEY STAKE OUT SHAll BE PERFORMED UNDER THE DIRECTION OF A PROFESSIONAL LICENSED SURVEYOR IN CONFORMANCE TO THE SPECIFICATIONS AND INCIDENTAL TO THE APPLICABLE PAY ITEM NUMBER. RECORD DRAWINGS SHAll BE PREPARED BY THE CONTRACTOR, AS APPLICABLE FOR CONSTRUCTED DEVIATIONS FROM THE PROJECT PLANS AND INCIDENTAL TO THE APPLICABLE PAY ITEM NUMBER. Page 2 of 2 ~tJee &,4~ 161 1*C6 Landscape Architecture Golden Gate Beautification M.S. T.U. Coronado Parkway and Hunter Boulevard Streetscape Development Collier County Project Number: 4500107120 M & A Project Number: 2009-003 Collier County, Florida Progress Report Period: September 30"'.2009 through November 10"'.2009 A. Description of work oerfonned during Report Period: 1,1 Planning 1 .1.1 Cad file evaluation/conversion a. 90% complete 1.1 .2 As-built plans & field confirmation a. Generally complete ongoing utility information updated. Sunshine One design ticket pulled and utility letters sent to utility agencies. 1.1.3 Research & Review a. Project manager indicated Coronado Pkwy. re-striping from two lanes to one lane would not be desired by staff. 1 .1.4 Base plan development a. 90% complete 1.1.5 Base plan development survey a. Change order #1 approved. Survey at 93% completion. 1.1.6 Roadway survey a. Survey at 93% completion. Survey indicates roadway pavement elevations exist that indicate water flow is to the sides of the roadway and not pitched to flow across the roadway and medians. Some low or depressed pavement areas exist and will need to be addressed by paving to provide for water flow off the roadway. 2.1 Concept Development 2.1,1 Landscape a. Complete 2.1.2 Irrigation a. Complete 2.1.3 Opinion of costs a. Complete 3,1 Final Landscape Design 3.1.1 Meetings & Correspondence a. Transportation Enhancement Grant presentations made to PAC, TAC, CAC and MOP committees, Project received second place ranking in tier two ten project ranking for $600,000.00. Funding pending two years +/- out based upon FOOT budgets. 3.1.2 Design: Landscape & Curbing a. 30% comments addressed 10-14-09, Landscape 60% complete submitted for staff review 11/3/09. b. 30% comments addressed 10-14-09, Curbing 60% complete submitted for staff review 11/3/09. 3.1.3 Construction Drawings a. 60% complete Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East / p, 0, Box 8052 Naples, Florida 34101 Phone (239) 417-0707' Fax (239) 417-0708 mCQeeassoc(li)aol.com 11/10/09 Page Two, C.C. P. N.: 4500107120 M & A P. N.: 2009-003 Report Period: September 30'h, 2009 through November 10th, 2009 161 1 .f\~ 3.1 .4 Specifications a. 60% complete 3.1.5 Opinion of costs a. 60% opinion of costs submitted. 4.1 Final Irrigation Design 4.1.1 Meetings & Correspondence a. Ongoing 4.1.2 Design: Landscape & Curbing a. 30% comments addressed 10-14-09, Landscape 60% complete submitted for staff review 11/3/09. 4.1.3 Construction Drawings a. 60% complete submitted for staff review 11/3/09. 4.1.4 Specifications a. 60% complete 4.1.5 Opinion of costs a. 60% opinion of costs submitted. 5.1 County Pennitting 5.1.1 Permit Documents & Submittal a. No report 5.1.2 Correspondence a. No report 6.1 Contract Administration 6.1.1 Contract Documents a. No report 6.1.2 Bidding assistance & review a. No report 6.1.3 Services during construction a. No report 1 ~/ COLLIER COUNTY DIVISON OF PUBIC ~~!IC~ Parks and Recreation Department 15000 Livingston Road - Naples, Florida 34109 - Phone (239) 252-4000 - Fax (239) 514-8657 Website: colliergov.net Fiala Halas Henning Coyle Coletta GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD RECEIVED DEe 1 4 2009 Board of County CommisSioners AGENDA December 7, 2009 I. Call to Order II. Attendance - Establish a Quorum III. Approval of Agenda IV. Approval of Minutes - November 2, 2009 V, Old Business A. Recreation Highlights - Vickie Wilson B. Advisory Board Vacancy C. Selection of Vice Chairperson VI. New Business A. Monthly Budget - Annie Alvarez B, Band Stand Lighting - Annie Alvarez/Tony Ruberto C. Tree Project - Annie Alvarez D, Tech of Collier County - Annie Alvarez E. Golden Gate Community Center 5 Year Plan - Annie Alvarez VIII. Member Comments IX, Public Comments X. Adjournment The next meeting will be on January 4,2010 at 6:00 PM Collier County Golden Gate Community Center 4701 Golden Gate Parkway, Conference Room "C" Naples, Florida c "l~~" , c ,~ I-j nt, ::' ~i7d-0 J I D Rem.: /(olL 1)4-~ - Copies to: NOV!~}20091 *q MINUTES OF THE MEETING OF THE COLLIER COUNTY GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD Naples, Florida, November 2, 2009 LET IT BE REMEMBERED, that the Collier County Golden Gate Community Center Advisory Board, in and for the County of Collier, having conducted business herein, met on this date at 6:00 PM in a REGULAR SESSION in Conference Room "C" of the Golden Gate Community Center, 4701 Golden Gate Parkway, Naples, Florida, with the following members present: CHAIRMAN: Jim Klug Kaydee Tuff Bill Arthur Darrin Brooks ALSO PRESENT: Annie Alvarez, Regional Manager/Region III Vickie Wilson, Community Center Supervisor -'~_'"..__..,., .,---~-~. _.,~~...,._~,,-,,", 161 1 ~q November 2, 2009 I. Call to Order The meeting was called to order at 6:02 PM by Chairman, Jim Klug III. II. Attendance - Establish a Quorum A quorum was established. III. Approval of Agenda Bill Arthur moved to approve the Agenda as submitted. Second by Darrin Brooks. Motion carried unanimously 4-0. IV. Approval of October 5, 2009 Meeting Minutes Jim Klug moved to approve the October 5, 2009 Minutes as submitted. Second by Bill Arthur. Motion carried unanimously 4-0. V. Old Business A. Recreation Highlights - Vickie Wilson o The Halloween Party held on October 29 hosted over 200 parents and children. o The 5th Grade Dance held on October 30 had 55 participants. Attendance is usually much higher. o A Yard Sale has been scheduled for Saturday from 8 am - 12 noon. o Over forty vendor spots for the Yard Sale have been sold at $10 per parking space. o "Rock the Park" has been scheduled for December 12. B. Band Shell Staff suggested the Board invite Tony Ruberto, Senior Project Manager to the next meeting to give the Board an update on the Band Stand Lighting project. Jim Klug will email a request to Barry Williams. Discussion ensued on planting trees around the parameter of Golden Gate Community Center fields along with costs, size and type of trees. It was decided Staff wi II contact CC Landscape Operations for suggestions and request quotes. Staff noted funds were budgeted and available in the Improvement General Account for trees. VI. New Business A. Monthly Budget - Annie Alvarez distributed and reviewed the Budget Report. (See attached) · Amended Budget - $565, I 00.00 · Open Purchase Orders - $69,134.01 · Paid Purchase Orders - $91,523.16 · Available - $404,442.8 2 --..--,---'"-.- 16i 1~ November 2, 2009 Annie Alvarez stated one of the two Child Care Positions is scheduled to be filled. She also noted the Center may need to post the Program Leader Position depending on the direction received from Human Resources. If the position is posted the Board may need a Special Panel to interview candidates. Jim Klug requested an update on the Contingency Funds Account with a comparison between this year and last year. B. Advisory Board Vacancy - Discussed after VlII C. Tech of Collier County Abstract Annie Alvarez distributed a letter directed to Paul Starzyk, Executive Director for Tech of Collier County from Kerry Runyon, Regional Manager for Collier County Parks and Recreation Department cutting their trash cleanup services as of November 30. (See attached) Tech of Collier County has been working with the County and businesses by providing employment for the disabled. Discussion ensued on the services, related costs and the current IS-year relationship the Center has had with Tech of Collier County. The Board stated it was not a budget item. The Board asked Staff to provide accurate figures and what projects or programs would be cut if they continued to use this trash cleanup service. The Board will make a decision at the next meeting. VII. Member Comments Jim Klug asked if the County owned the 2-vacant lots at the corner of 44th Street and Golden Gate Parkway. He suggested planting a "Christmas" tree and use as a future location for a Community Christmas Tree Lighting Annual Ceremony. It was noted the property is owned the by City of Naples. The Board requested Staff to ask Barry Williams to do some research. Kaydee Tuff stated the theme for this year's Walk of Trees is 'Toyland." · Sponsors will pay $35.00 by December I st to cover the tree cost. · Sponsors can designate to whom or where they would like their donation to go. · Trees will be decorated on Saturday, December 6th from 1 - 5 pm. · "Walk of Trees" is scheduled for December 7-12. · A Christmas Party will be held for the public and members of all- participating groups. VIII. Public Comments Ed Rogan, a concerned citizen asked the Board and Collier County to consider purchasing a canvas cover to cover the playground. He stated he often brings his grandchildren to play and during the summer the equipment is very hot. 3 ---~_.~~~.._."..__....._" ...~.-.._"-~.~,,..._----.._... 16~ l~ November 2, 2009 The Board stated they would consider the idea and requested the Staff research costs. VI. New Business B. Advisory Board Vacancy Kaydee Tuff stated she missed the deadline but would like to submit an application. Jim Klug has submitted his application. Annie Alvarez stated Staff has also received an application from Peggy Harris. There being no further business for the good of the County, the meeting was moved and seconded to adjourn. The meeting adjourned by order of the Chair at 7:15 PM. COLLIER COUNTY GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD These Minutes were approved by the Committee/Board on /2- - 7 - 6) '1 , as presented ex: or as amended 4 --....._-----".,.~- - -""-"'.'-_._-~ 16~ 1 A~ Board of Collier County Commissioners Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta DistrictS October 8, 2009 Mr. W. James Klug, III 4257 32nd Avenue, S.W. Naples, FL 34116 RE: Golden Gate Community Center Advisory Board Dear Mr. Klug: Your term on the above-referenced advisory committee expires on December 31, 2009. In accordance with the Advisory Board policy, the enclosed press release has been sent to the appropriate news media. We appreciate the time and effort you have put into the activities of this advisory committee. If you wish to be considered for another term, please complete and fax the enclosed application to this office (fax: 252-6406) by the October 29,2009, deadline or you can access our on-line form at www.colliergov.net. If you have any questions regarding this procedure, please do not hesitate to contact me at 252-8606. Sincerely, iLe~ Sue Filson, Executive Manager Board of County Commissioners Isf Enclosure cc: Barry Williams, Parks and Recreation Director OCT 0 J 2009 W. Harmon Tumer Building' 3301 East Tamiami Trail' Naples, Fiorida 34112' 239-252-8097' FAX 239-252-3602 16j 1 Aq Board of Collier County Commissioners Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 October 8, 2009 Ms. Kaydee Tuff 5101 31st Avenue, S.W. Naples, FL 34116 RE: Golden Gate Community Center Advisory Board Dear Ms. Tuff: Your term on the above-referenced advisory committee expires on December 3 I, 2009. In accordance with the Advisory Board policy, the enclosed press release has been sent to the appropriate news media. We appreciate the time and effort you have put into the activities of this advisory committee. If you wish to be considered for another term, please complete and fax the enclosed application to this office (fax: 252-6406) by the October 29,2009, deadline or you can access our on-line form at www.coIIiergov.net. If you have any questions regarding this procedure, please do not hesitate to contact me at 252-8606. Sincerely, ~~ Sue Filson, Executive Manager Board of County Commissioners Isf Enclosure cc: Barry Williams, Parks and Recreation Director W. Harmon Tumer Buiiding' 3301 East Tamiami Trail. Naptes, Flonda 34112. 239-252-8097' FAX 239-252-3602 161 1 f\q COLLIER COUNTY DIVISON OF PUBIC SERVICES Parks and ]{l'creation Dcpartml'nt l~()iIU li\ ing~;"il R(lc:d 'Japi:". Flmid;:;4I(1l) }'rIOllL-' 12Yf\ 2~-I-,~(lU() ref\ (27,l)\ ~ l-l-k{):"7 \\ch"ii,-': ;_'llllilT;.'l:\.II\.:i October 29, 2009 Mr. Paul Starzyk Executive Director Tech of Collier County Mr. Starzyk: Per our conversation on Thursday, October 29, 2009, we will continue contracting Tech of Collier County to assist us in clean up of Golden Gate Community Park thru November 30, 2009. As of December 1, 2009, Golden Gate Community Park will not have funds to retain Tech of Collier Counties services. I will pass onto Annie Alvarez (Regional Manager) the expenses associated with the services of Tech of Collier County for Golden Gate Community Center from December 1, 2009 - September 30, 2010 to make sure there are funds to cover the necessary expenses. Per your email the costs for Golden Gate Community Center would be: $6.79/hr for 5 adults with developmental disabilities for 3.5 hours per day = $118.825/day. Estimating a 10% due to absenteeism or cancellation = 76 days x $118.825 = $9030.70 Thank you and I am sorry for the inconveniences that occurred due to this budget shortfall. Kerry Runyon Regional Manager Collier County Parks and Recreation Department Cc: Lyn Wood, Contract Specialist Annie Alvarez, Regional Manager lIonka Washburn, Operations Manager E-< Z u ?: ?: o U W E-< ~ C'J Z W o m ~ o 0 om C'J N'" '..... NO 00 '..... ,'''1[-- rl rl <D<D .jJa 'hi "'8 .jJ " o '" <D <>: ~ ~ o 1:l ri rl ll!.~ 1:l" ~'" " om riU "-1Il -~ :>'0 .jJ00 ~.~ "" o ll! U," a "0 <DU ~ riri rill! 0" U.jJ o 0<( o .jJ .jJ <D 0> 1:l " 1Il E-< Z U ?: 15 u W E-< ~ ,j z w o ~ o C'J o 0 .jJ .jJ '" W E-< Z W U ,.. 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Nr-l ~OOrorlMOl~~ r-lr-l UlN~Nr-lWW-.;j'NN,'''' rl rl rl Nr-jU!r-l~ NOON 00000000 00000000 0000000000000000000000000000000 0000000000000000000000000000000 00000000 00000000 OOOOO'l~om 0000000000000000000000000000000 0000000000000000000000000000000 ONONO~NW~OUJu}NOOOO""'U}OOUJU!u}O~WMu}OOO . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . N-.;j'NUl Nr-l MOOOOr-lMOllI)~ r-lrl l.()NMNr-lWW-.;j'NN..-"i rl r-l..-l Nr-lLDr-lLO NOON RECEIVED DEe 0 8 2009 ~61 o - 1 fdtY Board of Count'; Commissioners Fiala Halas Henning Coyle Coletta ./ V J('J~ ISLES OF CAPRI FIRE/RESCUE ADVISORY BOARD MEETING MINUTES OCT. 29,2009 . ISLES OF CAPRI FIRE STATION ATTENDEES: Emilio Rodriguez, Fire Chief Kirk Colvin, Chairman Jim Gault, Advisory Board Member Joe Langkawel, Advisory Board Member Ted Decker, Advisory Board Member Barbara Shea, Minutes Preparer I. CALL TO ORDER Kirk Colvin opened the meeting at 6:30 p.m. II. OLD BUSINESS A. Chiefs Report. B. September 2009 Advisory Board Meeting Minutes. I. Copy of Minutes distributed. 2. Motion to approve September 2009 Minutes by Jim Gault. a. Motion seconded by Kirk Colvin. b. Motion carried unanimously. c. Minutes signed off by Chairman Colvin. C. Update on ICFD pending projects. I. WeatherBug Impact Fee Project will be on the 12/01109 BCC Agenda. 2. The Boat Dock Project is expected to be presented to the BCC in Dec 2009. 3. Collier County has requested all major expenses be delayed to Dec. 2009. D. Update on hiring a new replacement firefighter. 1. Over 70 applications were received. 2. The 7 most qualified applicants were interviewed on 10/28/09. 3. Second interviews for the top three candidates will be helW 1:2{~09. Date: 0 I J-lo I D 1lem#11ct. I ~ - -_._'--~-----~~_._,-,.~".._;", 16i 1 trio III. NEW BUSINESS A. Resolution obtained from Collier County Airport Authority. I. Chief & Dan Summers met with Exec. Board of the Airport Authority. 2. Resolution supports the concept ofBES building a FirelEMS facility. a. Airport Authority to provide the property on north side of Mainsail. b. A Resolution was passed with a unanimous vote. 3. Time frame is three to five years. 4. Airport grants will be pursued. 5. New station to include two long bays and living quarters. B. Transfer of land from Deltona Corp/WCI to ENFD in the late 1970's. 1. RLS sent to County Attorney's Office to look at the transaction. 2. County Attorney's Office to respond to ICFD within a few weeks. C. Steering Committee Meeting Update from Joe Langkawel. I. Shell bill is moving forward; it creates two fire districts. 2. Discussion of HR Bill 1000 which increases sales tax by 1%. a. Mr. Billington's letter summarized all negative aspects. b. Six out of ten districts needed to approve to proceed. c. Voter referendum needed to pass for fmal approval. d. County would lose $3-5 million to the state in admin. fees. e. The proposal is not beneficial to the average taxpayer. f. None of the districts will support this proposal at this time. D. The next ICFD Advisory Board meeting will be held Dec. 3,2009. IV. ADJOURNMENT A. Motion to adjourn the meeting by Ted Decker at 7:15 p.m. I. Motion seconded by Jim Gault. 2. Motion carried unanimously. Date: /z/t'>3/o9 I ' RECEIVED DEe 1 4 2009 Fiala Halas Henning Coyle --=ri-:::r7'J./ Coletta ~ 16 j 1 ~l,/ October] 2, 2009 Board of County Commissioners MINUTES OF THE MEETING OF THE COLLIER COUNTY CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, October 12, 2009 LET IT BE REMEMBERED, that the Collier County Conservation Collier Land Acquisition Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at Administrative Building "F" 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: Bill Poteet VICE CHAIRMAN: Michael Delate Tony Pires Jeffrey Curl Mimi Wolok Jeremy Sterk Thomas Sobczak Bob Dorta Annisa Karim ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator Jennifer White, Assistant County Attorney Cindy Erb, Real Property Management Misc. Corres: Melissa Hennig, Principal Environmental SJ:]e i lis Data: 11Im" ILl-rLl I / Cooies to ...~,.-.---_-._-~-,~-_._.. - ... 0_...__-,--,.----.,,- _ ___...."____.____> 16 j 1 fx 1\ October 12,2009 I. Roll Call Chairman Poteet called the meeting to order at 9:01AM. Roll call was taken and a quorum was cstablished. II. Approval of Agenda Mr. Delate moved to approve the amended Agenda. Second by Mr. Curl. Carried unanimously 8-0. III. Approval of September 14, 2009 Minutes Mr. Pires moved to approve the minutes of the September 14, 2009 meeting subject to the following corrections: · Page 2, paragraph 7, line I and Page 3 paragraph 4 line2 - from Ellen Krier... to "Ellie Krier. .." Second by Mr. Delate. Carried unanimously 8-0. IV. Old Business A. Real Property Management Update - A-list properties Winchester Head - closing on I parcel today; continues to work with I additional property owner; property is in probate, new appraisal ordered. Unit 53 - closing scheduled for October 26,2009; 44 letters sent out in the offering $7,500/acre for parcels I. 1 4 - 2.5 acres and $6,000/acre for parcels greater than 2.5 acres. Cvcle 6 properties - ordering appraisals within next two weeks and continue to work with interested property owners. MI'. Wolok arrived at 9:05am B. ADA follow-up - Staff Alex Sulecki, Conservation Collier Coordinator noted representatives at the ADA Office in Washington indicated the trail guidelines, which are not yet adopted, will not apply to State, Local and Private Organizations until a study of the potential impacts can be measured. Guidelines are likely in the future and when adopted affecting the parties, they will be applicable to the construction of "new trails." Staff noted, any trails constructed within the Program will be constructed as close as possible to the proposed guidelines, (even though it won't be legally required until the rule is made). C. Pepper Ranch Cattle Lease Amendment Melissa Hennig, Principal Environmental Specialist presented the "First Amendment to the Lease Agreement" (Lease #cc-I 02) for the Cattle Lease on Pepper Ranch. The following was highlighted: · On page 2, # 3 should cite "Article, 4 - not Article 3 referencing mowing obligations. · On page 3, #7, paragraph 2, line 2 should cite "Article 4 of this Lease," not Article 3 of the lease. . 281 acres ofland have been added to the "leased area." 2 16 D 1 October 12,2009 A'l\ · In lieu of rent, the lessee will be required to mow the 9 acres pasture, the area around the cabin, a 1.3 mile long hiking trail and 1.3 miles of firebreaks (page 2, #4, paragraph 2). · The addition to a 5-year extension of the lcase subject to terms (known as the Second Extended Term). . During the Initial tenn, First Extended Term and Second Extended Term, the lessee may tenninate "without cause." · During the Initial term and the First Extended term, the lessor, (County) may not terminate the lease "without cause." Mr. Pires expressed concern the proposed amendments favors the lessee and the County cannot tern1inate the lease without cause, etc. The County paid a substantial sum to the lessee for the property, and the amended terms in the proposed lease do not create a favorable "deal" for the County. Mr. Delate, Chairman of the Lands Evaluation and Management Subcommittee stated the Subcommittee recommended approval of the terms of the lease due to the lessee's fmniliarity with, and past management of the property. Chairman Poteet requested clarification if the rental rate negotiated reflects current market rates. Melissa Hennig stated Staff contacted Michael Dowling, Property Management Specialist, who indicated the price of one dollar per acre/annually is "the reasonable going rate." Mr. Pires expressed concern on the wording in Article 2 of the proposed amendment, ("Ilthis Lease Agreement is not terminated prior to the expiration of the First Extended Term, the Lease Agreement shall renew automatically. provided the Lessee is not in default of any of the terms of this Lease...") The language appears to allow the lessee to automatically renew the lease for the Second Extended term, without an adequate termination clause/s for the County. Melissa Hennig noted it is her understanding, during the Second Extended Term; the County has the ability to terminate the lease (with or without cause). Jennifer White, Assistant County Attorney stated she would review the wording to ensure it addresses Ms. Hennig's understanding of the termination clauses. She will also cnsure the lessee is in agreement with these terms. Mr. Delate moved to approve the document "First Amendment to the Lease Agreement" subject to the concerns expressed regarding the termination clauses for the Second Extended Term be addressed by Jennifer White, Assistant County Attorney. Second by Ms. Wolok. Motion carried 6 'yes" - 3 "no." Chairman Poteet, Mr. Pires and Mr. Dorta voted "no." E. Gordon River Greenway Project Report - Jeff Curl (heard before Item IV.D) 3 16~ 1 ~~\ October 12, 2009 Mr. Curl provided an update on the Gordon River Greenway Project highlighting the following: · He participated in a conference call with various parties associated with the project. · His area of focus was the Conservation Collier property, with concerns on Budgeting and Maintenance. · The width and materials for use of the trails is still undetermined. There is concern the poured concrete joints may negatively impact roller bladers. · The bridge and boardwalk material will bc wood. Committee discussion occurred over the long-term maintenance ramilications for the various materials that could be utilized for trails (pervious concrete, impervious concrete, asphalt, etc.) and should the trails be lighted? In addition, does the proposed budget for capital improvements on the Conservation Collier parcel (12-foot wide pathway, artiliciallighting, etc.) meet the Ordinance Requirements for thc Conservation Collier Program? Melissa Hennig notcd the various parties involved with the project have indicated the trail system proposed should be of ample width and lighted to accommodate the varying types and times of usage associated with the trail system (wheel chairs, roller bladders, walkers, bikers, nighttime use, etc.). It will be a "transportation link" to the region (as opposed to a nature trail found on Preserve properties. ) Speaker Ellie Krier, Executive Director, Southwest Florida Land Preservation Trust noted there have becn discussions on keeping the trail system open until I I pm, and the requirements for lighting are being reviewed in conjunction with the impacts on the Naplcs Airport and the Rookery. D. Budget Recommendations Melissa Hennig provided the Executive Summary "Budget Workshop Continuation" datcd October 12,2009. Staff prepared the budget based on Subcommittee Recommendations lor public amcnities at each Preserve. There are 5 courses of action recommended in the Executive Summary including: I. Adopting the Lands Evaluation and Subcommittee recommendations jiJr public amenities at each preserve. 2. Transler an additional $7. 38MfYom the Acquisition Fund 172 to the Management Fund 17-1 according to thejiJllowing schedule: FY 2011 - $3M: FY 2012 - S2.18M and FY 2013 - $2. 2M: Total ol$7. 38M 3. Conducting annual reviews olthe public amenity list and estimated budget by Preserve. 4. Research and applyjiJr Grants to payjiJr all management activities, including public amenities not included in the recommendation, ij feasible. 4 16& 1 fxl\ October 12. 2009 5. Review. no less than annually, the above listed recommendations as they relate to management estimates for all current andfuture preserves, and. if necessary, make additional recommendations to ensure land managementfimding in perpetuity Mr. Pires expressed concern over the amount of funds proposed to be transferred from the Acquisition Fund to the Maintenance Fund; especially given the current and immediate future market conditions where properties may be acquired at reduced values over previous years. Alex Sulecki noted historically 15% of the Acquisition price of a parcel has been transferred to the Maintenance Fund. Using the proposed amenities to calculate, it has been determined approximately 19.7% ofthe Acquisition values would be allocated to maintenance. The proposal is for the Program to "make up the difference" over the next 3 fiscal years. Committee discussion included: · Approval by the Board of County Commissioners is required for the transfers. · I l' the funds are transferred, can they be transferred back to the Acquisition Fund? · Due to the design status of the Gordon River Greenway Project (30 % complete), is it premature to develop a budget for it? Ellie Krier, Executive Director Southwest Florida Land Preservation Trust clarified there are 4 bridges associated with the Gordon River Greenway Project, I on the North side and South side of the Naples Zoo property, one on the lands of Conservation Collier and one on the south end of the project in the City of Naples. She noted the proposed Conservation Collier budget provides for the construction 01'2 bridges and recommended the funding for the bridge in the City of Naples be removed. Committee Discussion continued with regard to the Gordon River Greenway Project funding including: · Has there been a formal determination that Conservation Collier Funds are to be utilized for construction of the City of Naples Bridge? · A map should accompany the proposed budget (and any other Preserve budgets as necessary) identifying the proposed improvements. . The property owned by Conservation Collier within the Project is unique within the Conservation Collier Program, and may need to be treated differently. · The Project provides an excellent opportunity lor promoting the Program, and money should be allocated for signage. Committee discussion on the proposed budget continued: 5 16 ~ 1-lVl\ October 12. 2009 · Should the budget include a kayak/canoe launch for Wet Woods Preserve? · Should the proposed budget contain a disclaimer the budget is for "Planning Purposes" and subject to final designs, etc. to provide for flexibility in funding the various items. · Funds may be moved within the budget (between Preserves and within Preserves ). Mr. Delate noted the Lands Evaluation and Management Subcommittee's concept was to develop a basic amount of funding required for maintenance. Although they examined each Preserve and developed a basic funding amount, they did not complete detailed analyses by line item of all the expenditures. He recommended the Committee adopt an overall Maintenance Fund Amount tor planning purposes, which can be itemized in the future. Chairman Poteet expressed concern over adopting a line item budget within which, the exact expenditures have not been determined. Ms. Wolok moved to adopt Staff recommendation #3-5, (3. Conducting annual reviews of the public amenity list and estimated budget by Preserve. 4. Research and apply for Grants to pay for all management activities, including public amenities not included in the recommendation, if feasible. 5. Review, no less than annually, the above listed recommendations as they relate to management estimates for all current and future Preserves, and, if necessary, makes additional recommendations to ensure land management funding in perpetuity.). In addition, to transfer up to an additional $7.38M from the Acquisition Fund 172 to Management Fund 174 with the provision the Committee does not stick to the particular schedules for FY2011 - 2013 until more information is provided, and not to adopt the Lands Evaluation and Management Subcommittee's recommendations for public amenities at each Preserve at this time with the hope to do that in January when there is more information about time lines regarding the Gordon River Greenway and other issues discussed. Second by Mr. Curl. Motion carried 7 'yes" - 2 "no." Mr. Pires and Chairman Poteet voted "no." The Committee requested Statl determine whether the funds can be transferred back to the Acquisition Fund if necessary. V. New Business A. Recognition of Estates Elementary School in naming the Panther Walk Preserve - Time certain 9:30 a.m. (item heard before IV.C) Ms. Wolokpresented an award to Golden Gates Elementary School Student Jocelyn Rosario tor her proposing the winning name in the naming project for "Panther Walk Preserve." 6 --~."--~-----,._._~~-->_.._.,,- 161 4l\ Octobcr 12, 2009 B. City Gate 16-acres Donation Proposal- ICSR Mr. Sterk stated he had a conflict olinterest with the City Gate parcel and would not be voting. Alex Sulecki presented a Slideshow on the document "Initial Criteria Screening Report (ICSR)fiJr the City Gate Property" dated October 2009, outlining the following: · The parcel is owned by Antonio Faga Trust/aka City Gate mitigation parcel, 16 acres in size and adjacent to Collier County Utilities Mitigation Parcels. · The owner proposes to donate the parcel to Conservation Collier with a perpetual management endowment 01'$18,667. · The lands are subject to a US Fish and Wildlife Service "Incidental Take Permit" and have been utilized for mitigation for the City Gate devclopment. · Staff requests the Committee's recommendation on how to address any easements associated with the parcel, i.e. whether to order a title search in advance of presentation of the donation proposal to the Board of County Commissioners. · There is "legal access," but poor "physical access to the parcel. Roads are unpaved, private and in poor condition. The USFWS recommends to only allow access to the property for supervised groups, not general public access. · Restoration has been in process for 5 years and continues. · A detailed overview of the environmental characteristics of the site. · The ICSR scoring criteria providing a score of 190 out of a possible 400 (a score in the range typical of most properties within the program) Some Committee members expressed concern the amount proposed for the maintenance endowment is inadequate. In addition, is the donation premature given the properties restoration status? Speaker Robert Rice, Attorney for City Gate, addressed the Committee noting the USFWS permit requires the existing landowner to maintain the land for 5 more years so the County would not incur any Management expenses until 2014. City Gate is pursuing a Community Development District. The landowner is open to discussion on management/maintenance, which should be completed in conjunction with maintenance on the adjacent County owned parcels. The amount of endowment was determined by USFWS and the landowner feels it is adequate, especially given the requirement to maintain the land until 2014, at which time restoration will have taken place for 10 years. Discussion occurred if the USFWS permit would be assigned to the parcel, should it be transferred to the County. 7 16 M 1 ~\\ October 12, 2009 Mr. Rice noted the permit is assigned to the landowner as part of its Development, and would remain assigned to the landowner should the property transfer. Committee members noted if the property is transferred to the County, a Maintenance Agreement should be entered into between the County and the landowner to outline the responsibilities of future maintenancc. Some members felt thc donation to the Program should be approved as the Program has established a policy for donations, and ifnot approved, may discourage other landowners with similar parcels from coming forward and donating to the Program. The landowncr will be responsible to complete at least 10 years of restoration and the parcel contains State Listed Species that need protection. Other members felt the donation should not be approved as the maintenance endowment is not sufficient as proposed, it may be premature given the status of the proposed Community Development District, the parcel has limited or no individual public access, and in an already protected status may not meet the goals of the Program. Mr. Dorta moved to accept the donation of the City Gate property. Second by Mr. Sobczak. Motionfailed 3 'yes" - 5 "no" with 1 abstention. Mr. Curl, Mr. Pires, Ms. Wolok, Ms. Karim and Mr. Delate voted "no." Mr. Sterk abstained. Mr. Pires moved to recommend to the Board of County Commissioners to accept the donation subject to the following: 1. The proposed funding amount for a maintenance endowment is increased to $57,000 (approximately 19 percent of the $300,000 appraised value of the property listed in the Report). 2. The Developer enter into a maintenance agreement with Collier County to fund the maintenance of the parcel into perpetuity should the $57,000 be exhausted. Said agreement to be assignable to the Community Development District, should it be formed. 3. The Community Development District, should it be established by the Board of County Commissioners, as one of its first orders of business, enter into an agreement with Collier County to perform maintenance on the parcel into perpetuity. Second by Ms. Wolok. Motion carried 5 'yes" - 3 "no" with 1 abstention. Mr. Dorta, Mr. Sobczak and Mr. Curl voted "no." Mr. Sterk abstained. Ms. Karim moved to have Staffperform title work to determine presence of potential easements as part of the agreement to accept the donation of the City Gate parcel. Second by Mr. Pires. Carried unanimously 8-0 with 1 abstention. Mr. Sterk abstained. 8 OctAe~2~20091 ~ \ \ The Committee requested the landowners Conservation Collier Application forms be included with future ICSR's C. Coordinator Communications Alex Sulecki provided the following updates: · Logan Woods Preserve Ribbon Cutting will be held on October 30, 2009. · Freedom Park Grand Opening was held on October 6, 2009. · The Board of County Commissioners approved the "Pepper Ranch Interim Management Plan" on September 28,2009. · Pepper Ranch will be the site of a public event - "A Day at the Ranch" on November 2],2009. A flyer was prepared by StatTto publicize the event. · A group of "Collier County Home Schooler's" will bc attending an event on November 20, 2009. Staff will be attcnding meetings in lmmokalee on November 4 and ] 8. · Staff will be mccting with the Florida Fish and Wildlife Conservation Commission to review hunting opportunities at Pepper Ranch. VII. Sub-Committee Meeting Reports A. Outreach - Tony Pires, Chair The Committee met and approved the Flyer for a public event to be held at Pepper Ranch on November 21,2009. B. Lands Evaluation and Management - Mike Delate, Chair The Committee approved the amendments to the Pepper Ranch Cattle Lease and reviewed the Programs budget. The Subcommittee will be meeting in the future to discuss public access to Conservation Collier propcrties and review the Mcllvane Marsh Interim Management Plan. C. Ordinance Policy and Procedures - Mimi Wolok, Chair None. VIII. Chair Committee Member Comments Chairman Poteet notcd he talked with Alex Sulecki regarding "Risk Management" for potential volunteers working on Conservation Collier Properties. Alex Sulecki noted Risk Management has informed Staffvoluntecrs are treated as "employees," and are subject to applicable screening requirements. In addition, does the Program want to utilizc public volunteers in activities considered "dangerous" (tree removal by chainsaw, etc.)? Another option may be a public initiative as opposed to a County initiative. StafTwill continue to invcstigate the issuc. IX. Public General Comments None X. Staff Comments None 9 161 October 12, 2009 There being uo fnrther business for the good of the Counly, the meetiug was adjourned by order of the chair at 11 :59A.M. Conservation Collier Land Acquisition Advisory Committee jiz~ Bill Poteet, Chairman 1/ ,/ These minutes approved by 111e Board/Committee on as presented... ___,~ _ or as amended t,/ 10 ..>0',.............,_-..___""'"',,__ 1 1\\\ Fiala ~~0~~ Halas 6 I Henning-L . Coyle ~ Coletta ~ COLLIER COUNTY LlBRARY ADVISORY BOARD 14\\~ Wednesday, December 9, 2009 at 10:00 a.m. Headqnarters Librarv AGENDA RECEIVED DEe 1 5 2009 Call to order Board of County Commissioners Approval of Minutes Literacy Program Report Report of Officers Communications a - Written b - Personal Unfinished Business 1. Employee of the Month - November/December 2. Senior Resource Center 3. Rose Hall 4. South Regional New Business General Considerations Director's Report Report of the Friends Adjournment lJ--. 161 / 1 ~lf/.; Naples, Florida, October 21,2009 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 10:00 a.m. in the Headquarters Library with the following members present: CHAIR: Doris J. Lewis VICE-CHAIR: Loretta Murray Connie Bettinger-Hennink Rochelle Lieb ABSENT: Gina Downs ALSO PRESENT: Marilyn Matthes, Library Director Linda Fasulo, Executive Director, FOL Carla Grieve, Member, FOL Board of Directors Bob Verbesey, Executive Director, SWFLN Roberta Reiss, Literacy Coordinator Luz Pietri, Administrative Assistant APPROVAL OF MINUTES Mrs. Lewis asked for comments or corrections to the minutes of September 16, 2009. There being none, Mrs. Murray moved, seconded by Mrs. Lieb and carried unanimously, that the minutes be approved as submitted. LITERACY PROGRAM REPORT Mrs. Reiss mentioned that she had contacted the Hispanic family that has been preparing for their citizenship exams with the help of the Literacy program, for an interview by Linda Fasulo for an upcoming issue of the FOL Newsletter and they have agreed to do it. Also, Mrs. Reiss stated that she had found, by chance, a government website called 'USALEARNS.ORG 'which teaches life skills for non- English speakers available to anyone from their home or public computers. Mrs. Murray recalled the offer made by Commissioner Coletta at a recent meeting to have the County donate unused laptop computers to the Library for use by patrons. Mrs. Matthes explained that this offer would be appreciated but that those used laptops might require a lot of technical help to make them useful and the Library does not have enough technical staff to undertake this task. She further stated that if the Library receives the Broadband Stimulus Grant, there would be more than enough computers available. Mrs. Fasulo wanted to make Mrs. Reiss aware that a member of the Friends, Mr. Bill Forbes, who had also been recently appointed to serve on the Hispanic Affairs Advisory Board, is interested in developing some Friends material that will target the Hispanic community and wanted to meet with Mrs. Reiss to discuss it with her. Mrs. Reiss agreed to have Mrs. Fasulo give him her number to call and talk to him about it. REPORT OF OFFICERS - None 161 1 .f\'\ '1/ COMMUNICATIONS - None UNFINISHED BUSINESS The Board reviewed the nominations submitted for selection of the Library's Employee of the Month. Mrs. Murray moved, seconded by Mrs. Bettinger-Hennink and carried unanimously, to select Barbara Schulze, Library Assistant at the Vanderbilt Branch Library, as EOM for October 2009. In reference to the Old Golden Gate Library building, Mrs. Matthes reported that work has already started. The old section of the library is being torn down. The architect is working on a packet with an overall footprint of the building with some internal indication of what's where to share with potential major donors. There's talk about a major fund raising activity to be held at the new Golden Gate Library sometime this winter. In reference to the Rose Hall, Mrs. Matthes stated that the Library had reopened again as planned on October 1". Construction should be finished by January 2010. In reference to the South Regional Library, Mrs. Matthes stated that this branch started to exceed the East Naples circulations since July 2009 and have maintained that margin for the rest of the year. More programs are being planned for this branch. There are plans to have the next book sale at this location. Signage is still a work in progress. In reference to the possible changes in the Fines and Fees, Mrs. Matthes asked the Board for any comments or suggested changes besides the proposed ones. Some of the changes include charges for using the meeting rooms and charge non-library card holders for use of the public computers. Mrs. Matthes asked for a recommendation by the Board to accept the Fines and Fees as revised. Mrs. Bettinger-Hennink moved that the Board accept the Fines and Fees revisions for the Collier County Public Library. Mrs. Lieb seconded the motion. It carried unanimously. Mrs. Matthes reported that she had recently attended the Library Director's Conference in Tallahassee. She stated that because of the economy some libraries have stopped part of their services to the community, like reserves, courier services, mail-a-book programs, etc. Mrs. Matthes also mentioned that there are some changes coming up in order to qualify for grants from the State. Points will be awarded for how well the library can comply with State Law to provide education on internet safety for children. Mrs. Matthes explained that the Library already has some programs on site, but will probably provide more extensive programs in order to qualify for more points. NEW BUSINESS - None GENERAL CONSIDERATIONS Mrs. Lewis mentioned that a Library patron approached her as to who chooses what periodicals are purchased for the Library. Mrs. Matthes responded that the staff has ways of checking out how well they circulate before they are taken out of circulation. 161 1 -i\ \ 'l/ DIRECTOR'S REPORT Mrs. Matthes handed out copies of the Collier County Legislative Priorities for 2010 and noted that the Libraries had 111 and 112. She also handed out copies of the latest statistics and noted that the Library has already exceeded last year's circulation. Mrs. Matthes also stated that the Everglades City Library had reopened. Mrs. Matthes commented that Mrs. Downs had mentioned to her that she was working with someone from Pelican Bay and was suggesting that the Vanderbilt Beach Library continue to provide services with one paid library staff member and 20 or so volunteers. Mrs. Matthes stated that she had some reservations about this kind of set up and some legal issues to consider. Mrs. Matthes mentioned that the Friends were considering the purchase of t-shirts with a logo saying 'Friends with Benefits' in order to promote the Library. She wanted to know what they thought of this idea. After some discussion, the Board members decided that they would like to see more choices. REPORT OF THE FRIENDS Mrs. Fasulo stated that the Friends have about 2,800 paid members and about 7S0 inactive members. Mrs. Fasulo said that the slogan Mrs. Matthes was referring to was meant to target the 20 to 40 year-old demographic population. The slogan is a 'work in progress', Mrs. Fasulo stated. SO% of the FOL Board members liked it and 50% did not. She also commented that the FOL had selected Nick Linn to be their new President at their recent annual meeting. Their next meeting will be held on December 9th and Mrs. Fasulo invited the LAB members to attend. So far, 480 tickets have been sold for the upcoming Lecture Series and the Friends have grossed about $115,000. The Friends gained 50 new members through the sales of Lecture Series tickets. Ms. Fasulo reminded the LAB members about the upcoming Red, White and Roulette event to be held November 6th at 7:00 p.m. in the Naples Italian American Club. Lastly, Mrs. Fasulo reported that the Friends had funded Mrs. Matthes's recent trip to Tallahassee. ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Lieb moved, seconded by Mrs. Murray and carried unanimously, that the meeting be adjourned. Time: 11:55 a.m. Approved by: ~ (1"0) t ~v~ Doris J. Lewis Chair, Library Advisory Board ~~~, 1 J~4;~ Henning Coyle DEe 2 1 2009 PELICAN BAY SERVICES DIVISION Coletta . ,.. m,.ssioners A Municipal Services Taxing and Benefit Unit 80ara of (.ount'y Jom Ail RECEIVED -~-, . -";Il\ . ., _.S--". NOTICE OF PUBLIC MEETING WEDNESDAY, OCTOBER 7, 2009 THE PELICAN BAY SERVICES DIVISION ADVISORY BOARD WILL MEET IN REGULAR SESSION, WEDNESDAY, OCTOBER: 7, 2009 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY. 8960 HAMMOCK OAK DRIVE, NAPLES AGENDA The agenda includes, but is not limited: 1. Roll Call 2. Approval of September 14, 2009 Pelican Bay Services Division Advisory Board Special Session Summary Minutes 3, Administrator's Report a) Review and Final Approval of Revised Inter-local Agreement for Submission to BCC b) Discussion of 9/29/CB BCC Budget Amendment Resolution & Carry Forward of aam Bay Fund 320 c) Blue Sky Water Management Video Update d) Website Update e) Monthly Financial Report Update 4. Chairwoman's Report a) Welcome Ms. Jill Kobe, New Commercial Interests Board Member S. Capital Projects a) Crosswalk and Intersections Thermoplastic Restriping Update b) Lake Bank Enhancements 6. Community Issues 7. Committee Reports and/or Requests 8. Old Business a) Discussion of Florida Sunshine Laws & Code of Ethics 9. New Business a) Roles and Responsibilities of: i. Board Members as Representatives of the Residents of Pelican Bay ii. Board Members as Advisors to the Board of County Commissioners Iii. Residents, Property Owners & Interested Parties b) Discussion of BCC decision to install navigational markers in Clam Bay c) Discussion of performing audit of funds to confirm utilization is as intended 10. Miscellaneous Correspondence a) Turrell, Hall & Associates' Subcontract Update b) Ongoing Projects Status Sheet 11. Audience Comments 12, Adjournment SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO THREE MINUTES ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE PELICAN BAY SERVICES DIVlSI~IlI:OGmIeE AT LEAST FIVE CA""D" DAYS ""OR ;0 '"E MEET'"" AT ("" '9'-17" D::R ~~7l[ :;, 16J 'I ~.I~ PELICAN BAY SERVICES DIVISION A Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDAY, NOVEMBER 4, 2009 THE PELICAN BAY SERVICES DIVISION ADVISORY BOARD WILL MEET IN REGULAR SESSION, WEDNESDAY, NOVEMBER 4, 2009 AT 1 :00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK OAK DRIVE, NAPLES. AGENDA The agenda includes, but is not limited: 1. Roll Call 2. Approval of October 7,2009 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes 3. Blue Sky Media, Inc. Educational Video Presentation 4. Audience Participation 5. Administrator's Report a) Capital Funds Internal Audit Report b) Recent Clam Bay Reports by Humiston & Moore and PBS & J Discussion c) Monthly Financial Report 6. Chairwoman's Report a) Strategic Planning Update 7. Capital Projects a) Crosswalk and Intersections Thermoplastic Restriping Update b) lake Bank Enhancements Update 8. Community Issues 9. Committee Reports and/or Requests 10. Old Business 11. New Business 12. Miscellaneous Correspondence a) Ongoing Projects Status Sheet 13. Audience Comments 14. Adjournment SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO THREE MINUTES ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE PELICAN BAY SERVICES DIVISION OFFICE AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING AT (239) 597-1749. 16 J1 ~ PELICAN BAY SERVICES DIVISION A Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDAY, DECEMBER 2, 2009 THE PELICAN BAY SERVICES DIVISION ADVISORY BOARD WILL MEET IN REGULAR SESSION, WEDNESDAY, DECEMBER 2, 2009 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK OAK DRIVE, NAPLES. AGENDA The agenda includes, but is not limited: 1. Roll Call 2. Wilson Miller Community Improvement Planning Update 3. Approval of Summary Meeting Minutes a) November 4, 2009 Pelican Bay Services Division Advisory Board Regular Session b) November 10, 2009 Community Improvement Planning Study Joint Workshop 4. Audience Participation S. Administrator's Report a) North Tram Station Pedestrian Safety Issues update b) Monthly Financial Report 6. Chairwoman's Report a) Community Improvement Planning Dual Involvement Update b) Notice of Upcoming Meetings 7. Capital Projects 8. Community Issues 9. Committee Reports and/or Requests 10. Old Business 11. New Business a) Fertilizer order and utilization tracking system discussion (T. Cravens) 12. Miscellaneous Correspondence a) Ongoing Projects Status Sheet B. Audience Comments 14. Adjournment SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO THREE MINUTES ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE PELICAN BAY SERVICES DIVISION OFFICE AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING AT (239) 597-1749. 161 1 .fK\'? Wil_nMiller"' December 2, 2009: PBSD Meeting Pelican Bav Communitv Improvement Plan Update A. Schedule: WilsonMiller is on schedule to deliver the Conceptual Design Report due December 9, 2009 . To date, we have had four Community participation opportunities and three team workshops with the combined PBSD, Foundation and WilsonMiller team in attendance. Additional community meetings and site walks have been included. . We are crafting the first monthly project newsletter for delivery to the Pelican Bay Post this week. . Additional Community notices for upcoming Phases of public events will be delivered to the Foundation by Wednesday of next week for posting in all common and public areas. B. Landscape and Irrigation findings and initiatives . Continue to promote Best Management Practices for watering, fertilization and maintenance practices. . Begin to limit sod within the rights of ways in favor of shrub and groundcovers at the ends of medians and along the length of turn lanes in the medians for less mowing and micro- irrigation delivery. This same practice is being explored along the edges of lakes and preserve areas. . Preparing inventory plans to begin to plan for the removal of diseased or limited life expectancy trees and/or relocation of healthy plant materials planted too close to each other. . Preparing inventory plans to begin to plan for rectifying landscape conflicts with sight lines, pathways and side walks and street lighting. . Preparing inventory plans to begin succession landscape planting programs with coordinated Irrigation system delivery improvements. C. Lighting (Including Inventory Plan) . Prepared inventory plans for Street Light and Landscape Conflicts. . Continue to explore current day lighting delivery systems for improvement considerations including: A. LED and other energy efficient light sources including dark sky criteria compatibility and cost benefit scenarios B. Street Light Pole improvement program C. Lowering light sources below mature canopy D. Relocating light sources as required by mature vegetation E. Pathway lighting needs F. Soiar power opportunities G. Landscape and Community Entry Lighting -- -..._--"_._..._---~-------_..~--_.~._--,-----~----_._-_._--- ; 3200 Bailey Lane Suite 200 Naples, Florida 34105 : 800.649.4336 239.649.4040 F 239.643.5716 ; ________ __..__.._,___._.__.__.____________~_______J___~~!~~nMIIler.c~____ 121212009.215967. Ver 1 . Kf!,~ANGAN N0103.086-00j..o 161 1 1rt9 WilsqnMiller~ D. Traffic Calming and Pathways (Including Inventory and Analysis Plan) . Recommendations to widen pathway systems to eight as minimum and perhaps ten feet are tJeing considered. . Recommendations to improve pathway systems to meet applicatJle putJlic standards will accompany the width recommendations. . Recommendation to provide a consistent, high visitJility, tactile enhanced cross walk system within the community at all crossings. Each location should include a total traffic solution plan that may tJe phased in time to include adjustments to lighting and signage, curtJ lines, landscape and sight line recommendations. . Traffic calming recommendations to include travel lanes, tJike lanes and intersection adjustments are tJeing prepared. . Letter prepared and hand delivered to the Collier County Sherriff Department in NovemtJer asking for statistics for calls for service including roadway and traffic events. A copy of this letter is attached. E. US 41 Berm/New Technologies (Including Inventory Plan) . Inventory of tJerm, entry points into the community and community edge conditions is near compietion. Continuity of solutions will tJe required from the 41 tJerm into the community entry areas aiong the road rights of ways. . CPTED principles, safety and security are primary elements of otJserved conditions along with interior community noise atJatement from 41. . Community improvement otJjectives for landscape, hardscape, lighting and signage enhancement of entry areas will tJe included. F. Reviews of PUD, Development Orders, Codes and Permits . Currently, no limiting or non-compliant issues have tJeen discovered. . Upcoming meeting with ABB for water management, preserve and wetland reviews is tJeing scheduied and a meeting with Turrell and Associates is pending. PBSD Board Questions 12/Z12009. 215967. Ver 1 . KMANGAN NOt03-08fi-001..0 v NEW DIRECTIONS IN rLANNlNG, DESIGN &. ENGINEI:RING_ SINCE 1956. 161 WilsonMiller" v November 24, 2009 Attn: Central Records Bureau Collier County Sheriffs Office 3301 Tamiami Trail East, Building J Naples, FL 34112 Wilson Miller, Inc. is currently working on a community improvement master plan project for the community of Pelican Bay. I would like to request the following public records to assist us with the project: . All incidents (both reports written and calls for service) Including traffic crashes in the Pelican Bay grid from 09/1/07 to 09/1/09. Additionally, because we are considering the option of changing the lane configuration on some roads in Pelican Bay, we would like to identify any problems that may have occurred on Vineyards Boulevard (which has a configuration similar to the one being considered for Pelican Bay Boulevard). To assist us with that part of the analysis, we would like to have the following: . All traffic-related incidents (crashes involving motor vehicles, bicyclists, and pedestrians) that occurred on Vineyards Boulevard (within the Vineyards Community) between 9/01/04 and 09/01/09. If possible, please provide the data electronically in an Excel format with a list of the date/time of incident, location of incident, type of incident and report number if one was written. I have enclosed a flash-drive to facilitate transferring the data for your convenience. I understand there will be a charge for this data, so If you would advise me of the cost, and when the data would be available, I would sincerely appreciate it. If there are any questions, I can be reached at 239-649-4040. Thank you. Sincerely, . erry, AICP, Senior Associate Senior Project Manager WilsonMiller, Inc. C: Kevin Mangan, Wilson Miller, Inc. Jim Hoppensteadt, Pelican Bay Foundation I ~,? 3200 Bailey Lane Suite 200 Naples, Florida 34105 800.649.4336 239.649.4040 f 239.643.5716 WUsonMiller.com .... U 16~ 1 .M? WilsOnMiller@ . November 30th PBSO and PBPC 60% Workshop AClenda 2:00 to 4:00 pm Call to Order Welcome and Review of Agenda Discussion of Town Hall Meetings Review of Updated Schedule Review of Turkey Trot Event . Philharmonic to Ridgewood Park . Sandpiper Tram Station to The Commons including Pelican Bay Boulevard North Tram Station . Site Plan Review . Crosswalk Study A . Crosswalk Study B . Crosswalk Study C . Crosswalk Study D The Commons . Concept A . Concept B Pelican Bay Boulevard Ridgewood Drive Intersection . Existing Conditions . Paver Pattern Alternative . Roundabout Alternative Pelican Bay Boulevard Cross Section . Vineyards Boulevard . Bayshore Drive Discussions --- - _u__ -- --- -- --- - --- - -- - ------ --r -- ----- '. . I 800.649.4336 239.649.4040 F 239.643.5716 3200 Bailey Lane SUite 200 Naples, Florida 34105 r------m------- _ ______.____.____ _________._"___._______,___~__ ___ , I WlIsonMlller.com --.------------------------------------ ----- ----.--..--.------..-------.----,-. _._--~-_._----_._.__.._-,_._._----,--, ----~--_._--_.. -~._._-._---,- lbi 1~1?J, PELICAN BAY SERVICES DIVISION A Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING TUESDAY, NOVEMBER 10, 2009 :.'-; AGENDA The agenda includes, but is not limited: 1. Roll Call 2. Pelican Bay Community Improvements Planning Study Phase I "Kickoff" Presentation by Wilson Miller 3. Audience Comments 4. Adjourn SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO THREE MINUTES ADDITfONAll Y, THIS NOnCE ADIITSES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DtVISION BOARD, WITH RESPECT TO ANY MA TIER CONSIDERED AT THIS MEETING, HE Will NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE PELICAN BAY SERVICES DIVISION OFFICE AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING AT (239) 597-1749. f;JI-\lV fJIRLC IIDr;J::; IN I-'LflNNINC, DI'SICr--IIJ U\JCINEERlr;JG_ ';INGI9S6 16j 1 ~? Wi/sonMi//et ~ November 10 PBSD and PBPC Workshop Aaenda - 12:30 to 2:30 pm Call to Order and PBSD role call Welcome and Recognition of Work to date 5 minutes Review Agenda and Handouts 5 minutes Workshop Rules Setting the stage 5 minutes Today's Goals Three Conversations: 1. Why Plan? 10 minutes 2. What is in if for me? 10 minutes 3. Establish Project Objectives 20 minutes Initial discovery presentation and conceptual goals 40 minutes A. Traffic and Transportation B, Landscape and Irrigation C. Safety and Security D. The Community Berm and Boardwalks E. Lighting, Signage and Street Furnishings F. Parks Discussions - Conceptual Goals 20 minutes Upcoming WorkshopsITown Hall Meetings outline 5 minutes ~---'-------------'-~-,._-------_._--- 11i9i2009-21s.646.Ve,-1_lBEDI N0103-068001 -0 I 800.649.4336 239.649.4040 F 239.643.5716 '----------I I WflsonMlller.com L-____________________ _____________ Corporate Office 3200 Bailey Lane Suite 200 Naples, Florida 34105 :', I (I dr:: I.,: 16/ 1 .(yl? WilSlinMiller@ . Additional Resources Florida Friendly Websites: www.lloridavards.orq Florida Yards and Neighborhoods http://www.swfwmd.state.ll.us/vards/ Florida Friendly Landscaping http://www.swfwmd.state.ll.us/publications/files/waterwise landscapes. pdl Waterwise Publication http://lvn . ilas. ull. edu/ UF Florida Friendly Landscaping Government Websites: www.collierqov.net (under Zoning & Land Development Review/Landscape Review) Native tree & shrub list, Coastal Zones, Transportation Streetscape Master Plan, etc.... www.collierqov.net (under Transportation PlanningfTraffic Calming/NTPM) Collier County's Neighborhood Trallic Management Program Manual www.dep.state.ll.uslwater/nonpoint/pubs.htm (local drought conditions & BMP and FYN Publications) http://www.dot.state.fl.us/saletv/ped bike/handbooks and research/bhchpt5.pdl Design Shared Use Paths Green Building Websites: www.lloridaqreenbuildinq.orq Florida Green Building Council http://www.mvfloridaqreenbuildinq.inlo FCEC Green Building LED Lighting Websites: http://www.betaled.com/ Beta LED Lighting http://www . darkskv .orq/ I nternational Dark Sky Association Other Websites: www.twentv-liftv.com Cloe Waterfield, Twenty Filty Solutions http://www.trilectaconstruction.com/ Dr. Jeniler Languell, Trilecta Green Building 3200 Bailey Lane Suite 200 Naples, Florida 34105 800.649.4336 239.649.4040 F 239.643.5716 ,_ _._____,_~ r--.-----wll~~n~~~~.~~~~-~--~- 161 1 /' ~0 SUMMARY MINUTES PELICAN BAY SERVICES DIVISION ADVISORY BOARD REGULAR SESSION OCTOBER 7, 2009 LET IT BE REMEMBERED that the Peliean Bay Services Division Advisory Board, in and for the County of Collier, having conducted business herein, met on Wednesday, October 7, 2009 at 1:00 PM in Regular Session at the Community Center at Pelican Bay, 8960 Hammock Oak Drive, Naples with the following members present: Pelican Bay Services Division Advisory Board Members Mary Anne Womble, Chairwoman Michael Levy Tom Cravens Gerald Moffatt Keith Dallas, Vice Chairman Geoffrey Gibson Ted Gravenhorst Theodore Raia John laizzo Hunter Hansen (unexcused absence) Jill Kobe (commercial interests inaugural meeting) Pelican Bay Services Division Staff Neil Dorrill, Administrator Kyle Lukasz, Field Operations Manager Mary McCaughtry, Recording Secretary Lisa Resnick, Administrative Assistant AGENDA I. RollCall 2. Approval of9/14/2009 Pelican Bay Services Division Advisory Board Special Session Summary Minutes 3. Administrator's Report a) Review and Final Approval of Revised Inter-local Agreement for Submission to BCC b) Discussion of 9/29/09 BCC Budget Amendment Resolution & Carry Forward of Clam Bay Fund 320 c) Blue Sky Water Management Video Update d) Website Update e) Monthly Financial Report Update 4. Chairwoman's Report a) Welcome Ms. Jill Kobe, New Commercial Interests Board Member 5. Capital Projects a) Crosswalk and Intersections Thermoplastic Restriping Update b) Lake Bank Enhancements 6. Community Issues 7. Committee Reports and/or Requests 8. Old Business a) Discussion of Florida Sunshine Laws & Code of Ethics 9. New Business a) Roles and Responsibilities of: i. Board Members as Representatives of the Residents of Pelican Bay ii. Board Members as Advisors to the Board of County Commissioners iii. Residents, Property Owners & Interested Parties b) Discussion ofBCC decision to install navigational markers in Clam Bay c) Discussion of performing audit of funds to confirm utilization is as intended 10. Miscellaneous Correspondence a) Turrell, Hall & Associates' Subcontract Update b) Ongoing Projects Status Sheet I I. Audience Comments 12. Adjournment 8197 Pelican Bay Serviees Division Advisory Board Regular Session Summary Minutes October 7, 2009 16' ltx \?J ROLLCALL All Board members were present with the exception of Mr. Hunter Hansen. Mr. Hansen did not respond to several attempts to contact him. CHAIRWOMAN'S REPORT Chairwoman Womble welcomed and introduced Ms. Jill Kobe to the Board and audience. Ms. Kobe is a new commercial interest's Board member and General Manager ofthe Waterside Shops. The Board of County Commissioners appointed her 9/15/09. APPROVAL OF SEPTEMBER 14. 2009 SPECIAL SESSION SUMMARY MINUTES Mr. Gravenhorst made a motion to approve the September 14,2009 Special Session Summary Minutes. Mr. Levy seconded. Dr. Raia referred to page 8160 that reads, "Mr. Dorrill said that staffwas looking into continuing to utilize Mr. Hall's services through his firm, Turrell, Hall & Associates without incurring any extra overhead cost by the primary contractor. He said he did not expect a problem, but if it were, he would disclose that information at the next meeting of October 7, 2009." Dr. Raia said he did not see any agenda item regarding Mr. Hall's continuation of services. He asked if there would be a discussion. Chairwoman Womble said the subject of Mr. Hall's continuation of services is incorporated into Mr. Dorrill's "Miscellaneous Correspondence, Agenda Item 10 A, Turrell, Hall & Associates' Subcontract Update and added that although the description was vague, was where Mr. Dorrill would discuss and provide an update of Mr. Hall's subcontract. Dr. Raia said there is a typo, page 8170, third paragraph and suggested inserting "to" after "does the Services Division get keep the plans." The amended sentence should read, "Mr. laizzo asked if Wilson Miller gets the initial contract to carry out the phases and there is fallout, does the Services Division get to keep the plans." Referring to the September 14, 2009 minutes, Dr. Raia began to discuss his suggestions for amendments to the inter- local agreement. Regarding the amended language of the inter-local agreement as approved by the Board and recorded in the 9/14/09 summary minutes, page 8166, Dr. Raia suggested further amending page one, the fifth WHEREAS that reads, "The District and the Foundation are both funded only by the residents and property owners of the Pelican Bay Community." He suggested striking "residents" to read, "WHEREAS, the District and the Foundation are funded only by the property owners of the Pelican Bay Community." He recognized that the language had already 8198 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7, 2009 16j 1 ~'?J been amended, pointing out originally it read, "WHEREAS, the District and the Foundation are both funded only by the residents" and that the Board voted to amend the language by adding "property owners." Dr. Raia said, "I think there is a little ambiguity and it should just say 'funded only by the property owners.' That includes everybody. Once you put in residents and property owners it almost means you have to be a resident and a property owner. If someone is a property owner but not residing here then that could mean they are not eligible. I would be satisfied just having 'property owners' because the people who vote are the property owners. You might want to get an opinion on that, but I think it just leaves it open for somebody to question it." Dr. Raia's consensus was to strike the term "residents," so the clause would read, "Funded only by the property owners..." Chairwoman Womble asked Mr. Hoppensteadt to clarity if there are any circumstances where residents who are not property owners, i.e., renters, did they ever pay the Foundation. Mr. Hoppensleadt answered no and that only property owners pay the Foundation, just as only property owners pay the Services Division's Municipal Services Taxing & Benefit Unit (MSTBU) non-ad valorem assessment. He added, "Dr. Raia is right," and the teno "residents" should be stricken, so the inter-local agreement reads only, "property owners." Dr. Raia commented he did not understand why the teno "District" refers to the Services Division, when he believes it should be "County." He added, "It looks like this is a boilerplate document made to fit everybody and it gets a little confusing because sometimes a Municipal Service Taxing and Benefit Unit or MSTBU can be referred to as a 'Districts" and it could be confusing. If they mean 'County' it should say 'County.'" Chairwoman Womble said Mr. Dorrill would address Dr. Raia's concerns regarding the inter-local agreement under his "Administrator's Report, Review and Final Approval of Revised Inter-local Agreement for Submission to BCe." Mr. Cravens asked Dr. Raia if he was making a motion to amend the minutes to reflect his observations. Dr. Raia said yes, and made a motion to amend the minutes striking "residents," including only "property owners." Mr. Levy said the minutes are a reflection of what happened at the meeting and based on Dr. Raia's motion the Board cannot amend the minutes. Chairwoman Womble concurred. Dr. Raia did agree and said the minutes were correct. He explained he was referring to amending the language of the inter-local agreement. 8199 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7, 2009 16 I 1~\3 Mr. Gibson said, "I was not at the last meeting and my method of catching up to speed are these minutes. I think Lisa might have done these, I'm uot sure, but they are much easier to read and so much more absorbable," then the prior format, "so whomever is doing it gets kudos from me." Chairwoman Womble agreed and said, "I took pretty intensive meeting minutes last time just to see how close it would be and this is better than I could have done. Thank you very much, Lisa." Ms. Resnick said thank you. M,.G,avenhorst made a motion to app,ove the Septembe, 14, 2009 Pelican Bay Services Division Advisory Boa,d Summary Meeting Minutes. M,. Levy seconded the motion. A Boa,d vote approved unanimously the meeting minutes. ADMINISTRATOR'S REPORT REVIEW AND FINAL APPROVAL OF REVISED AND INTER-LOCAL AGREEMENT FOR SUBMISSION TO BOARD OF COUNTY COMMISSIONERS Mr. Dorrill began his Administrator's report by summarizing the objective of the inter-local agreement. This was for the benefit of Ms. Kobe, the new Commercial Interests Board member. He explained the Board has been discussing for several months an innovative concept forming a joint venture with the Pelican Bay Foundation, which is the Master Homeowner's Association in Pelican Bay, to carry out a comprehensive master plan with a look at redevelopment over the course of the next six to nine months. Mr. Dorrill said the innovative part is asking the Board of County Commissioners to declare the Pelican Bay Foundation a "sole source provider" to manage this project. This will allow the Services Division to utilize the services ofthe local civil engineering and planning firm Wilson Miller. Wilson Miller is the original design engineer and urban planner for this community's redevelopment. At the last meeting, with the assistance of Mr. Hoppensteadt and his attorney, Mr. Anderson the Board reviewed the agreement, amended the language and provided to the County Attorney's office for legal sufficiency. The County Attorney made minor changes pertaining to legal form and the signature page and the agreement is to be under consideration by the Board of County Commissioners at their October 13,2009 meeting. This Board has already voted to recommend this document, subject to the County Attorney's review. All ofthe changes and amendments made at the last meeting reflect in this document. He offered to answer questions. Mr. Cravens referred to Ms. Ashton-Cicko's email that stated Collier County would not be responsible for any payments related to Wilson Miller. He asked Ms. McCaughtry if she had a copy of the email. 8200 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7, 2009 161 1 ~\? Ms. McCaughtry said that she did not have the email with her, but that Mr. Cravens was correct. Collier County is not responsible to Wilson Miller because the Services Division does not have a contract with Wilson Miller; the Services Division has a contract only with the Foundation. Mr. Cravens said that he was, "curious as to how that affected our position with the County saying they are not responsible for paying any fees and they are in fact the ones who will be paying fees ultimately." Chairwoman Womble said, "This is what the crux ofthe problem was to begin with and why we had to go to the Foundation and say, okay, you be in charge. Because of the situation with the government and trying to get subcontractors or work orders approved through the County is a very difficult task." Mr. Hoppensteadt said the issue that Mr. Cravens was referring to was very narrow and had to do with the County's absorbing of interest and being able to provide payment on time and the Foundation recognized that clearly as an item that they could not hold the Services Division responsible. Chairwoman Womble said it is the same reason that the Services Division is not a contractor and considered a client. Mr. Moffatt said he had some comments on the inter-local agreement in addition to what Dr. Raia has already suggested. Page 2, No.3 there is a typo at the end of the first line. "PBSB" should be "PBSD." Page 2, No. 7 he said was insert after the Board's last meeting and, "I have no idea what it refers to. 1 don't know if we have an officer of the Foundation who is related to Wilson Miller, or why that is there." Mr. Gravenhorst said, "I think we need an explanation." Mr. Hoppensteadt explained it was langnage inserted by the County for legal purposes. Mr. Dorrill added, "The County has an ethics policy and 1 presume in this case, if anyone from the Foundation has a blood relative associated with the contractor who in this case would be Wilson Miller, then they would have to disclose that. 1 presume this is standard boilerplate language that is consistent with the County's ethics policy." Mr. Moffittt said, "So it's not that we're dealing with something that is an issue today." Mr. Dorrill confirmed. Mr. Moffatt said that the County Manager's name requires amending on page 4. Mr. Levy said that the copy emailed yesterday states, "Collier County Manager" with no name. Chairwoman Womble said that Ms. Ashton-Cicko changed it. 8201 Pelican Bay Services Division Advisory Board Regnlar Session Snmmary Minntes October 7, 2009 16/ 1 J\ \'b Mr. Dorrill said in regards to the inter-local agreement, be did not believe that tbe Board needed to re-vote. Tbe Board already voted to approve tbe inter-local agreement in its present form. He added tbat corrections to spelling errors and comments made today would reflect as Scrivener's errors. Mr. Gravenhorst said tbere was a major cbange made to page three, paragrapb 8. He said tbe cbange made during the week reads entirely different from wbat tbe Board approved. Paragrapb 8 is a redo. It is correct now, but tbe first draft email was incorrect. Cbairwoman Womble said the current form is final and sent to the County Commissioners. Mr. Gravenhorst said, "But we didn't approve it in tbis form. We approved it in tbe form tbat was corrected." Mr. Dallas said, "I'm not following you." Cbairwoman Womble said, "I'm not eitber. If we approved it in this form, then what is tbe problem?" Mr. Gravenhorst said, "But we didn't approve it in tbis form. This is tbe corrected form. Last meeting we approved it. It was emailed out and there was an ambiguity inparagrapb 8 and was corrected. It is now correct from the original email tbat went out about 10 days ago." Cbairwoman Womble read the 9/14/09 meeting minutes pertaining to page three, paragraph 8. The language was identical to wbat the Board had approved and the final document was correct. Mr. Cravens said page 3, paragraph 8 is in correct form from the original. Mr. Dallas said be tbought they discussed it before tbe Board approved it. Mr. Gravenhorst accepted this explanation. He said that he had an old copy of the agreement and tbanked Madam Cbair Womble. Mr. Moffatt expressed that he had questions about the schedule. Mr. Dorrill said the exhibits contain a detailed outline oftbe Scope of Services, a fee scbedule with a "not to exceed" cost sharing formula and a phase scbedule estimated to be from October through April. Mr. Moffatt said that ifbe was interpreting the proposed pbase scbedule correctly, it appears that Wilson Miller is reporting to the Strategic Planning Committee before the Services Division. He added at the last Services Division meeting tbey had agreed that Wilson Miller would report to both the Strategic Planning Committee and the Services Division Board at the same time. Mr. Dorrill said the intent is to hold advertised joint workshops between the Services Division and tbe Strategic Planning Committee at each "Milestone" date. 8202 Pelican Bay Services Division Advisory Board Regular Session Snmmary Minntes October 7, 2009 161 I-f\ \3 Mr. Dallas asked Mr. Moffutt if he was referring to for example, item A 4, the first "Update Meeting with the Foundation Planning Committee." Mr. Moffatt said yes and that he was looking at anywhere there was a circle, which represents the Strategic Planning Committee, before there was a square, which represents the Services Division. Tbe circles and squares should coincide schematically having the same date and same time, signifYing a joint workshop, but they do nol. Chairwoman Womble and Mr. Dallas agreed that schematically, the circles and squares should line up together and have the same date and same time signifYing a joint workshop. Mr. Dorrill said where there are circles and squares schematically are representative of advertised joint workshops between the Services Division and the Strategic Planning Committee. Mr. Moffatt said that from his interpretation, the regular Services Division meetings is when Wilson Miller is scheduled to provide updates and that he did not see any special workshops on the schematic. Mr. Gravenhorst said not all squares on the schematic correspond to joint workshops, Le., A 2) Meetings with administrator and individual Board members; and A 6) Update with Services Division Administrator and Board. Mr. Dorrill said as a part of their approach, Wilson Miller will be conducting a set of interviews with Services Division and Foundation similar operational staff. Chairwoman Womble referred to a motion at the 9/14/09 meeting made by Mr. Dallas, seconded by Mr. Levy and unanimously approved by this Board. The motion to amend the language of the inter-local agreement, page two, No.3 reads, "The Foundation shall provide regular, at least at each Phase, reports to the Pelican Bay Services Division Advisory Board and shall consult with and schedule workshops with the Pelican Bay Services Division Advisory Board and Foundation's Strategic Planning Committee for input on the overall plan and direction of the work projecl." The language ofthe fmal agreement sent to the Board of County Commissioners was different from what this Board approved on page two, No.3. The Board approved language "Foundation's Strategic Planning Committee" replaced "appropriate Foundation committee." Mr. Cravens said ifthe Foundation has already approved the Strategic Planning Committee to work with the Services Division, then why would the language change to "appropriate committee." He said any group other than the Strategic Planning Committee would seem to be inappropriate. Mr. Hoppensteadt confirmed. Mr. Cravens asked why the language was changed. 8203 Pelican Bay Services Division Advisory Board Regular Session Summary Miuutes October 7, 2009 161 1 ~\? Mr. Hoppensteadt said he did not believe that the Board specified the committee, but the Strategic Planning Committee is the appropriate committee. He added he was amenable to correcting the Scriveners error by identifYing the appropriate committee on page two, NO.3 to be "Foundation's Strategic Planning Committee." Mr. Dallas directed the discussion back to scheduling joint workshops. He believes the dates corresponding to joint workshops are A 4, Update Meeting with Foundation Planning Committee- 30 and 60% Conceptual Design _ 11/11/09 and 11/24/09; B 4) Foundation Planning Committee Design Review at 90% - 01/26/10; and C 3) Foundation Planning Committee Design Review at 90% - 03/31/10. Mr. Hoppensteadt said Wilson Miller could meet and might meet with the Strategic Planning Committee outside ofthe workshop format. At those non-workshop meetings there would be no decisions made. The Foundation did not attempt to limit the number of interactions with Wilson Miller leading up to the joint workshops at each phase. The challenge obviously is the public noticing of meetings. The intent is to meet jointly. Mr. Dallas said, "I don't know how other people feel, but I would like to be there as part of our committee." Mr. Cravens said that the Strategic Planning Committee played a very substantial preliminary role. The Services Division was not involved, although once invited to come on board they agree, but want to be full partners, not partial. If there are meetings between the Strategic Planning Committee and Wilson Miller exclusively, that does not make him feel as though he is a full partner. A full partner is what he wants to be and what he said the Foundation offered. Mr. Gravenhorst asked Chairwoman Womble if a subcommittee would be appropriate. Chairwoman Womble said enough Board members are interested in attending the Strategic Planning Committee meetings, that a subcommittee is not necessary, although they would have publicly notice the meeting within the requirements of the Sunshine Law. Dr. Raia said Sunshine Law encumbers the Board and it makes it difficult to accomplish anything. Chairwoman Womble said that is why they are scheduling the publicly noticed joint workshops. Dr. Raia said there are a minimal number of workshops scheduled. Mr. Dallas disagreed and said there are two or three monthly and another at each stage. Dr. Raia said ifthe joint workshops were that frequent he would throw out his comment regarding a minimal number of workshops. He said to notice a meeting publicly, it must be done 48 hours prior to the meeting and both sides would have to cooperate to ensure compliance. 8204 Pelican Bay Services Division Advisory Board Regnlar Session Snmmary Minntes October 7, 2009 161 1 ~1?J Chairwoman Womble recognized Noreen Murray in the audience. Ms. Murray, a Foundation Strategic Planning Committee member, said during the selection process that resulted in Wilson Miller's hiring, Mr. Dallas attended all ofthe Strategic Planning Committee meetings because they are open to the public. Chairwoman Womble is a member of the Strategic Planning Committee. She said she did not find any reason why members ofthe Services Division Board cannot attend a puhlic meeting. She recognized that only one Services Division member could speak publicly at the meeting per Sunshine law. She said publicly noticed joint workshops will be scheduled often, but that Services Division members can always attend the always public Strategic Planning Committee meetings and observe. Mr. Dallas said he did not just want to observe. He wants to participate, hence the reason for a publicly noticed joint workshop. Mr. Cravens agreed that participation in the decision making process is key. Chairwoman Womble agreed and happy this issue is out in the open. She deferred to Mr. Hoppenstead!. Mr. Hoppensteadt said, "I don't want to be disingenuous and say that there couldn't possibly be a Strategic Planning Committee meeting that Wilson Miller would not be there giving an update and answering questions. I think we all agree that collaboratively any decisions made will be joint decisions at each phase in the workshop process." He offered to provide the schedule to the Services Division staff to notice publicly all Strategic Planning Committee meetings. Dr. Raia said the project is huge and minor decisions made daily. Unless something significant occurs, a cumulative report of ongoing project operations should be sufficient. There are many people involved if the cost could double if everyone reports to everyone at all times. The Board should keep costs and spending in perspective. The consultants and the Strategic Planning Committee should have the day-to-day responsibility of the operation. If something comes up they are obligated to inform this Board, but otherwise this Board will receive a report three times per month. Mr. Dallas said he wants to participate at Strategic Planning meetings when Wilson Miller is presenting options because wben the options are heard it is "the nature of the beast" to start sorting them out. Chairwoman Womble said once the concept forms, joint workshops are not going to happen as often because at that point, they will be focusing on details and Mr. Lukasz will be more involved then. She said, "Kyle is going to be involved with this quite a bit, is that correct, Kyle?" Mr. Lukasz said yes. 8205 Pelican Bay Services Division Advisory Board Regnlar Session Snmmary Minutes October 7,2009 16~ 1 *I~ Chairwoman Womble said, "So we have our man on the floor watching out for things." Mr. Gravenhorst referred back to page 8177 of the September 14, 2009 summary meeting minutes and a motion made by Mr. Cravens to amend the language of the inter-local agreement on page three, No.8 to read, "The term of this agreement is for one (1) year unless earlier terminated and it may be renewed upon the same terms. Said renewal notice must be delivered at least thirty (30) days prior to the renewal expiration date. Written notice shall be provided as follows..." He indicated "Said renewal notice must be delivered at least thirty (30) days prior to the renewal expiration date" was stricken and asked for confrrrnation of the final language ofthe inter-local agreement. Chairwoman Womble compared Mr. Cravens' motion to amend the language on page three, No.8 with the final inter-local agreement. Mr. Gravenhorst said the statement "Said renewal notice must be delivered at least thirty (30) days prior to the renewal expiration date" was stricken. The Board did not approve it. Mr. Dallas suggested that the Board vote to approve it. Mr. Gravenhorst said, "I'm just saying if there was a problem down the road, the minutes show we approved it one way and it was submitted another." Mr. Cravens said that if everyone was pleased with the final version of the agreement then the Board should approve it now and that would resolve this issue. Mr. Dallas made a motion to approve the language of the inter-local agreement in its fmal form as presented at the October 7, 2009 Pelican Bay Services Division Advisory Board Meeting. Mr. Cravens seconded the motion. There was no further discussion and the Board voted unanimously to approve the language of the inter- local agreement in its fmal form as presented at the October 7,2009, Pelican Bay Services Division Advisory Board meeting. Mr. Dallas made a motion to approve the language of the inter-loca/ agreement in Its final form as presented at the October 7, 2009 Pelktlll Bay Servkes Division Advisory Board Meeting. Mr. Cravens seconded the motion. The Board voted Ultanimous/y to approve the language of the inter-local agreement in its fmal form as presented at the October 7, 2009, Pelican B Servkes Division Adv/sol'V Board meetinll. DISCUSSION OF 9/29/09 BeC BUDGET AMENDMENT RESOLUTION & CARRY FORWARD OF CLAM BAY FUND 320 Mr. Dorrill advised the Board of recent action by the Board of County Commissioners to amend their year- end budgets. There was a legal notice published by the Naples Daily News that caused some public concern because 8206 Pelican Bay Services Division Advisory Board Regnlar Session Summary Minutes October 7, 2009 16. 1 l\r3 the County's forecasted carty forward published in the paper was about three times the actual amount, which could lead one to draw a whole series of incorrect conclusions. He said he met with County budget staff and they disclosed a miscalculation in processing their year-end budget amendment for all funds. Apparently the County's proprietary budgeting software has a "tairly-odd way of reflecting carty torward for multiyear capital improvement projects," therefore the amount printed in the Naples Daily News as approximately $1.2 million actual carty forward for the Clam Bay Restoration Fund 320 was incorrect. The actual cash on hand October I for the Clam Bay Restoration Fund 320 was $381,487. The total amount available in the Clam Bay Restoration Fund 320 is equal to the $381,487 carty forward, the fiscal year 2010 property assessment of$102,400 that will be transferred from the County's General Fund III, and some minor interest earnings and is intended for use to evaluate the water management berm for repairs and renovation, and associated engineering costs. Due to the County's inaccurate and compounded calculation of capital carty forward of Clam Bay Restoration capital Fund 320 and capital fund 322 and the reported amount is substantially more than the actual amount, in addition to the public concern, it is appropriate for this Board to direct the administrator to request from the Clerk's internal auditor, a reconciliation of actual cash carty forward for capital funds 320 and 322 starting with the beginning and ending of each fiscal year. He asked how far back in time did the Board want to request reports. Dr. Raia asked how long the County has been using this software. Mr. DoTTill answered from his understanding the County has been using this software since 2002. Dr. Raia said, "And they just discovered that the carry forward is way off" Mr. DoTTill said he did not know the answer to Dr. Raia's question. Dr. Raia said, "This money is for maintenance of Clam Bay." Mr. DoTTiIl said the funds are for restoration or other eligible work. Dr. Raia asked how the Board could be sure that work they are requesting and authorizing funding for is the work performed. "Now that we have two Clam Bay Advisory Boards, I just want to make sure that the money collected from our residents is being used as these residents want their money used." Mr. DoTTiIl explained Clam Bay Restoration Fund 320 is a County fund used only for projects decided by the direction ofthis Board. The funds cannot comingle or be used for any other purpose unless there were to be a loan booked and repaid with interest against any withdrawal other than for its intended purpose because collection and the intention to expend the funds is within the geographical boundaries ofthis community. "You could not suck that money out to meet some kind of cash flow need or send it to another County project without expecting it repaid 8207 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7. 2009 I 1 ~l' in full plus interest. That is something that they wouldn't do, but that is the only way they could, if they chose to do so." Dr. Raia confirmed with Mr. Dorrill that staff could use the Clam Bay Fund 320 monies only for operations directed by this Board. Mr. Dorrill confirmed and reiterated that because the legal notice run in the newspaper is untrue, it would be appropriate for this Board to direct the Administrator to request from the Clerk's internal auditor, a reconciliation ofthe actual beginning cash balances have been for the appropriate period determined by this Board. Mr. Moffatt said, "This issue came to light because somebody read the newspaper and it didn't make sense. If any Budget Committee members compared the amount published in the newspaper to the amount in Table A of the budget, which is where the unspent funds move from one fund to capital this year, they would realize the numbers do not add up. The County's software processes capital funds differently from operating funds. Funds 320 and 322 are capital funds. Capital funds carry forward; Operating funds do not carry forward. "If you just work off the cash balance and the projection we made on the results of operations in funds, we can't spend any more than that because that's the only cash that's available to spend. The amounts published in the paper were well in excess of that." Mr. Dorrill said the easiest way he could explain it is the County is double counting the carry forward. If a project begins in one fiscal year and is to run for two years, the County's software treats encumbered and unexpended funds and it compounds that when it carries forward to capital in the following fiscal year. Mr. Cravens addressed Mr. Dorrill and said, "When you were talking about these funds you made some mention of a dollar amount that was I think somewhere around $300,000 plus some additional monies to be used for restoration of the berm and water management system." He asked Mr. Dorrill to confirm. Mr. Dorrill answered, "That is the basis of this year's Clam Bay Restoration Fund and the money that is there is intended to be used for an evaluation for rehabilitation of the water management berm." Mr. Cravens asked ifthere was any indication as to why the berm needs rehabilitation and do any problems currently exist that necessitates spending these funds. Mr. Dorrill answered that from his understanding, the reasons predate both he and Mr. Cravens' affiliation with the Services Division. He said that it is part of the anticipated master planning work and there are some issues with the side slopes of the berm in certain locations. There is a desire on the part of the the strategic master planning 8208 Pelican Bay Services Division Advisory Board Regnlar Session Summary Minntes October 7, 2009 161 1 trl3 to at least evaluate the engineering aspects of trying to widen the berm to be able to incorporate an additional lane for pedestrian or bicycle traffic in addition to the tram lane. Mr. Levy said when developing the budget, the Board learned the south section of the berm from the Commons all the way to the south end of the property was deteriorating and uneven with ruts and bumps. The amount budgeted is $350,000 plus an additional $25,000 for an engineering consultant. He added the money is entirely for rehabilitation and restoration of that side of the berm and has nothing to do with widening or angles. Mr. Dorrill said that is correct. The primary purpose is to evaluate the integrity of the side slopes and any settling that has occurred within the existing tramway. There is a separate issue and part of the master plan to evaluate the potential for widening the berm. Mr. Cravens understood the same as Mr. Levy. The berm is deteriorating on the south side. He said that although he is not an engineer, he does walk the entire berm daily and cannot see any difference in the conditions that exist between the south side and the north side. He said he also asked the tram drivers He said he was concerned that money was set aside to rehabilitate something that he did not feel needed rehabilitating. Mr. Lukasz said there was money set aside in the budget for an engineering fIrm to evaluate the integrity of the berm. There is some settling that you can notice next to the culvert pipes across from the weir structure. Mr. Cravens said there are cracks in the weir structures all along the berm, not just on the south side. Mr. Lukasz said settling is more pronounced on the south side of the berm, but the very ftrst thing would be to have an engineer evaluate it. Chairwoman Womble said, "I believe what you just said, the ftrstthing to be done. I think we were thinking in terms ofthe future and where do we start and we will continue this as we have the funds for it in order to bring it up to speed because it is showing wear and tear." Mr. Dorrill said there are three local approved ColJier County contracted civil engineering ftrms to choose from (Wilson Miller, Johnson Engineering, and Agnoli Barber & Brundage) to perform an assessment. The engineers may examine the pavement and take core samples, especially at the culvert crossings and look for degradation of the base or sub-base, which is probably made of lime rock, to determine what may need repairing or replacing and the Board will see this engineering analysis before any money is spent. Mr. Moffutt said to Mr. Cravens that ifhe rode the tram from the south end of the berm to the north end, he would notice a difference "bouncing around" on the south side especially near the culverts or weirs. Chairwoman Womble agreed. 8209 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7. 2009 161 1 -M'b Mr. Cravens said he asked the tram drivers for their observations rather than ride the tram himself and from what he understands, the tram drivers he asked did not feel there were significant problems, "but again, they are not engineers either." Mr. Moffatt asked Mr. Dorrill if a motion would be helpful for him in dealing with the County to do away with the carry forward that is "a lot misleading" Mr. Dorrill said he met with the County yesterday and they are going to amend their year-end amendment to reflect what the actual carry forward is as opposed to the compounding issue he previously mentioned. He said that a motion by the Board directing the administrator request from the Clerk's internal auditor, a reconciliation of beginning and ending actual cash balances for capital funds 320 and 322 for the period the Board considers appropriate. Mr. Moffatt made a motion to direct the administrator to request from the Clerk's internal auditor, a reconciliation of beginning and ending actual cash balances for capital funds 320 and 322 cash balances going back to the dates of inception. Mr. Cravens seconded the motion. Mr. Levy asked what records are useful for comparison. Mr. Dorrill said the Clerk of Courts accounting system is the accurate record for comparison. Mr. Cravens asked Mr. Dorrill if this compounding of carry forward is isolated to the Services Division or is it Countywide. Mr. Dorrill said the Budget Director, John Y onkosky has been out for an extended period due to health issues and there are a number of people who have been performing tasks tbey do not normally do. He believes the error is an oversight by a budget analyst preparing the amendment and does not believe it to be a conspiracy. If it is determined there is a bigger problem, he would report it back to this Board. 1bere was no further discussion and the Board voted on the motion, which carried unanimously. Mr. Moffatt made a motion to direct the administrator to request from the Clerk's internal auditor. a reconciliation of beginning and ending actoal cash balances for capital funds 320 and 322 going back to the dJltes of inception. Mr. Cravens seconded the nwtion. The Board voted unanimously to direct the administrator to request from the Clerk's internal auditor, a reconciliation of beginning and ending cash balances for caoltalfunds 320 and 322, flOing back to the dates of inception. 8210 Pelican Bay Services Division Advisory Board Regnlar Session Snmmary Minntes October 7. 2009 16J 1 ./d?; BLUE SKY WATER MANAGEMENT VIDEO UPDATE Mr. Dorrill advised the Board that he expects Blue Sky to finish the water management video before the end of October. He reiterated that he was withholding a final payment until the Services Division receives the final version of the educational video. He added for the benefit of Ms. Kobe that this Board retained the services of a professional video company to produce an educational video for this community pertaining to the innovative storm water management and drainage system in Pelican Bay, as well as the environmental amenities it provides for the adjacent mangrove conservation area. The Services Division received a draft of the video, made some suggestions and is awaiting the final version before providing payment. Dr. Raia asked if the Board would have a chance to see the video before accepted as complete. Mr. Dorrill said, "As a rule, no. To a certain extent, staff has staff work to do. If we get to where we are trying to manage the community by a committee of eleven people in order to determine what work is final is not something that you would normally do. Normally you would expect your administrator to evaluate a project in conformance to a proposal or contract. I certainly intend to share it with you, but I don't know that I can ever get to the point where all eleven of you might think that it is complete." Mr. Dallas said Mr. Dorrill invited the Board to view the draft video several times. Dr. Raia said he wants to watch the video and given the opportunity to provide input because he fmds the subject of water very interesting and concerning. Mr. Dorrill said that Dr. Raia and all Board members, as well as the public are welcome to watch the master draft video at the office at their leisure. He added that in his opinion, 95% ofthe video is well done. One suggestion made was to strike some "odd-cartoonish type" characteristics. There were a number of references made on the subject of the water management berm, but not much footage of it. There was a lot of footage of interviews with the golf superintendent and staff made suggestions to take out some of his redundant comments and replace them with shots of the actual berm and its actual drainage features as opposed to the interview. Dr. Raia said, "The ten year permit that we had was inundated with water management problems. There is too mnch fresh water entering Clam Bay and that is the problem. The reason to open up Clam Pass is to get that fresh water out, but if we were not putting too much water in there then there would not be a problem to begin with. I am curious to see the approach because we built a water management system for $1.2 - $3 million and spend $800,000 a year to maintain it. I'm just curious since the first day of construction in 1980 or so, have we ignored 8211 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7, 2009 161 l-A13 our own water management plan and forbid more water to be discharged into Clam Bay." He asked if that is what the subject ofthe video. Mr. Dorrill answered no and, "I don't know if! share your observations. My understanding of what contributed to the original mangrove die-off was the need to improve upon the spreader swale system and to increase the flow of salt water into some of the mangrove areas to improve upon the mix. I don't know that we are dumping more storm water into the system than what was there in pre-development, but those decisions were made outside of any influences in this community; they were made by the South Florida Water Management District." Dr. Raia said, "It is my understanding and if you read the permit that the main problem has been directed toward too much fresh water entering Clam Bay." Mr. Cravens added, "Being impounded also once it enters." Dr. Raia agreed with Mr. Cravens and said, "Is the correct amount going in there and we are not letting it out, or is there too much water going in there." Mr. Dorrill explained the video. It shows how the original design elements of the community and the storm water management system functions, both from a commercial right-of-way perspective and a residential perspective. It also explains how the collection and interconnection ofthe lake system functions as the water works its way down to the control elevation point and the spreader swale system that distributes the water uniformly over the conservation areas. Dr. Raia said it was an excellent idea because every year it is such a large budget item and people should know where their money is going. Mr. Cravens said he was concerned that this video produced by Blue Sky Media was not something that this Board voted Chairwoman Womble stepped in and said, "Tom, we have already discussed this and it's already a done deal. Let us not go over it again. You were not on the Board when this happened; it was at the end of a meeting. We looked it up in the minutes." Mr. Cravens said it was not. "I asked Mary to do the research on this and this Board did not vote on the expenditures ofthis money. This was $65,000. Secondly, I have another issue. How much money can we spend and I'm not saying we spent it, without going through a bidding process in Collier County." 8212 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7. 2009 16~ l-kl ?J Chairwoman Womble said, "Tom, this is already a done deal. At the last meeting, Mr. Dorrill indicated that would not be how he handles things. I do not think we have to worry about that. He's made it very clear that would not be his way of entertaining our educational budget and it would be brought for a vote before our Board." Mr. Dorrill agreed with Chairwoman Womble. Chairwoman Womble added, "The whole thing rests on the way it was handled by a number of people on this Board, different people, and the Administrator at that time. That is what occurred and I do not believe we need to concern ourselves at this point because our new Administrator has assured us that is not how he handles things. From what I understand from people at Pelican Marsh and Lely, it's not, so I'm not worried about it." Mr. Moffatt said there are no funds in the 20 I 0 budget for a similar project. Mr. Dallas said there were funds in the 2009 budget to use for that project that this board approved. Chairwoman Womble agreed with Mr. Dallas said this Board approved the budget and this Board chose to go ahead with the project. Mr. Cravens said, "But there was no line item in the budget for this project. Chairwoman Womble and Mr. Dallas both said it was in the 2009 budget. Mr. Cravens said he looked in the 2009 budget and could not find a line item for a video. Mr. Dorrill said, "That's a good question. The video fund is allocated to educational material through Turrell, Hall and Associates, your environmental consultant, and the annual contract was bid competitively. The video company is a vendor to your environmental consultant, Turrell, Hall & Associates. There was no formal vote or complete presentation to this Board as to what the educational materials would cost." He assured the Board, "that mistake will not be made" by him. Mr. Dallas said that the Board did not include educational material in the 2010. Mr. Gibson asked where one could watch the video. Mr. Dorrill said that the video is available to view at the office in the conference room. The former district administrator's office was now a conference room with a television and DVD player. He added that due to Sunshin~ Law, Board members should call staff ahead of time to make an appointment to view it so the schedule doesn't' overlap with any other Board member. He repeated the public is also welcome. Mr. Levy asked how long the video is. Mr. Dorrill said it is thirty minutes. He reminded the Board that the video is a draft and he expects the final version by the end of October. 8213 Pelican Bay Services Division Advisory Board Regnlar Session Snmmary Minntes October 7, 2009 161 ~\? Chairwoman Womble described where tbe cbanges would go. Sbe said tbere are some dark areas wbere Blue Sky wants to add scenes. Mr. Dorrill suggested the berm and other suggestions made about different aspects of Pelican Bay. Overall, the educational aspect is complete. There is some fine-tuning needed. WEBSITE UPDATE Mr. Dorrill said tbe staff website project bas begun and up and running. He added it is staff's intent to bave a website that is up to date and more meaningful to the public. Ms. Resnick said the new website is at pelicanbayservicesdivision.net and there will be a link from the County's Pelican Bay Services Division webpage. Tbe email addressisoffice@pelicanbayservicesdivision.net. Chairwoman Womble said, "Tbank you Lisa and thank you for doing that. It was mainly you with the belp of a friend called Dr. Cravens." Sbe thanked Ms. Resnick and Mr. Cravens for their work on the website. MONTHLY FINANCIAL REPORT UPDATE Mr. Dorrill distributed the County's year-end preliminary budget report of revenues and expenditures. He said it is preliminary because the County bas not closed out tbe previous fiscal year. For the most part, the information is good for comparing tbe budget with actual revenues and expenditures and provides a base. The report on capital funds 320 and 322 is erroneous, as be stated in bis earlier report that the County's software compounded tbe carry forward and the reported numbers are approximately three times bigher than actual casb available. He added be would work with County and staff to process the necessary budget amendment. Mr. Moffatt said based on Mr. Dorrill's discussion earlier regarding the County's budgeting software and calculation of carry forward, page 8 sbows numbers "way out of wback" and amounts mucb bigher than the actual. The annual budget column is really the amended budget column. It is not the Services Division's submitted budget; it is the Services Division's submitted budget in addition to tbe County's roll. The first item, "engineering fees" are budgeted to be $354,000 and the actual amount spent is $81,000 and $81,000 is mucb more accurate. Otber contractual at tbe bottom oftbe page displays over $250,000 and is mucb higher than the actual expenditures of approximately $35,000. Mr. Levy said the actual amount or expenditures column is a more accurate number. Mr. Moffutt said yes, the actual amount or expenditures column altbougb preliminary, more accurately reflect wbat the Services Division has spent. The Administrator's report concluded. 8214 Pelican Bay Services Division Advisory Board Regnlar Session Summary Minutes October 7, 2009 .161 Jkl? Dr. Raia asked if discussion of the inter-local agreement was complete because earlier he suggested amending the term "District" with "County." Mr. Dallas said at the beginning of the inter-local agreement the Pelican Bay Municipal Service Taxing and Benefit Unit is "hereinafter referred to as "District." He added that it is not the County; it is the Pelican Bay Services Division. Chairwoman Womble agreed. Dr. Raia said, "1'11 just drop it. Thank you." CAPITAL PROJECTS CROSSWALK AND INTERSECTIONS THERMOPLASTIC RESTRIPING UPDATE Mr. Dorrill said the thermoplastic restriping project did begin in accordance with the original schedule. The contractors began work on the residential areas instead of the arterials and the County's Transportation deparbnent pulled the contractor from the job before beginning work on the arterial roads. He reported that the contractors are to return and complete the work by October 15, "but that remains to be seen." Chairwoman Womble said, "They initially told us the end of September." Mr. Dorrill said yes, and apparently, the contractors missed some work in the residential areas when the County pulled the contractors temporarily from the job. They are expected back to complete the restriping by next week. He repeated the completion deadline is arbitrary. Mr. Cravens asked if the County pulled the contractors because another project took priority. Mr. Dorrill said apparently so and he does know they are the same contractors working on the 1-75 project. Mr. Levy asked if the restriping areas included painted arrows indicating to go left, straight or right. Mr. Lukasz said restriping of left and right turn, and straight-ahead arrows are included in the project. Mr. Moffutt asked where the contractors performed the work. He drove around the community, but did not see any newly striped areas. Mr. Lukasz said thermoplastic restriping of stop bars is almost complete along most areas ofOakmont Parkway and Ridgewood single-family home areas and cul-de-sacs streets. Chairwoman Womble said they have started restriping on Buttonbush and Ridgewood north of Pelican Bay Boulevard. Mr. Moffutt said they have not restriped at the stop sign at Ridgewood. Mr. Lukasz said they have not restriped the intersection along Pelican Bay Boulevard and Ridgewood. 8215 Pelican Bay Services Division Advisory Board Regnlar Session Summary Mioutes October 7, 2009 16~ l~\? Mr. Gravenhorst addressed Mr. Lukasz. He said, "Assuming they come back," when did he estimate the work to be complete. Mr. Lukasz said the contractors work very quickly and it should only take a few days to finish what they have left. They conveyed work on crosswalks, stop bars, and intersections would be complete by October 15, but not necessarily the lane dividers. LAKE BANK ENHANCEMENTS Mr. Lukasz reported $250,000 has been budgeted for lake bank enhancements over the past two fiscal years for a total of$500,000. A good portion of Fiscal Year 2010 funds for lake bank enhancements came from the hardscape program. The contract is in place to install geo-textile tubing for lake bank enhancements. St. Maartin Lake was done and prior some "riff raft" work was done on several other lakes and the lake at Myra Janco Daniels. There is approximately $80,000 in the fiscal year 20 I 0 budget to do additional lake bank enhancements. Mr. Levy asked if the money was available in the budget. Mr. Lukasz said yes. Mr. Durrill explained the scope of the lake bank enhancement project. He described the geo-textile material like an "inverted sock." Sediment material is dredged and pumped down the "sock." The sediment remains and the water flows through the side of the membrane. The process gives the lake bank a different look over time and the Floratam sod grows to what appears to be the lake's edge and at the rounded portion it will drop off. There will no longer be a long gradual slope or the type of erosion that occurs from it. He asked Mr. Lukasz where lake bank enhancements were complete in the community. Mr. Lukasz said from the tram road on the east side of the lake at St. Maartin, the lake bank has just been completed and there is a geo-textile tube that is laid out along the lake at either a 12 & II, foot or 7 & II, foot circumference based on how much erosion there is. They pump from the lake into the geo-textile tube and sediment is dredged through the tube and water flows through the membrane. As that tube fills up, they put another tube on top called the backfill tube. The water flows out. That tube is of a cheaper material and is used to get the sludge up ontu the top. When the water is gone, they slice that tube open and use the sediment to grade out over the base tube and then they lay Floratam sod down on top. 8216 Pelican Bay Services Division Advisory Board Regnlar Session Summary Minntes <ktober 7, 2009 16' IAI? COMMUNITY ISSUES Chairwoman Womble said a manatee was stranded at Clam Pass on October 5. She said the interesting part of the story is people came to the manatee's rescue for hours until it was finally free. She publicly thanked everyone who helped the manatee survive and get free. Mr. Cravens presented a short video of the manatee with his narration. He explained that the manatee was beached on October 5. On October 4, a full moon historically results in a very high and low tide. He did not know for sure if that was a factor, but it was a very low tide. He said from his understanding the manatee was discovered at about 6:30 AM while it was still dark, sunrise was 7:21 AM, but there was a lot of moonlight. Many people came out with buckets and attempted various ways to keep the manatee wet, including covering it with wet towels until told not a good approach. The towels were removed and continued to dump water over top of the manatee. A boat came down from Mike Bauer, Director of Natural Resources, City of Naples, but his boat was unable to enter Clam Pass. It was too shallow at low tide, but one can get a good idea of how shallow it is by looking at the people standing in the water. He said there were many people who helped and described two Foundation employees on the left, a beach attendant, on the right is Frank the security officer who was alerted to the stranded manatee at 7 AM. Frank called 911 although Mr. Cravens said he was not sure that was helpful or not. Umbrellas were used to shade the manatee. Pedro Pineiro, the Services Division's Field Supervisor was out there working hard to ensure the manatee did not dry out. The volunteers tried to dig a canal but it was hard with the water coming in. The manatee was freed at about 9:46 AM, a little over three hours. Kay Potter was there. Ms. Potter is preparing an article for the Pelican Bay Post. He said the manatee was in good shape physically with the exception of some minor old propeller scars and some barnacles on its body. It was approximately 10 - 12 feet long and 900 - 1100 pounds. He added that manatees are an endangered species and it is common to see them in Clam Bay. Applause followed Mr. Cravens' presentation. COMMITI'EE REPORT AND/OR REOUESTS Chairwoman Womble asked the Board if there were any Committee Reports and/or Requests and there were none. OLD BUSINESS DISCUSSION OF FLORIDA SUNSHINE LAWS & CODE OF ETHICS Mr. Don-ill provided an update of convening board meetings, what constitutes a quorum and participation by telephone. There is a Florida Attorney General Opinion stating in order to convene a meeting of any board, a 8217 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7, 2009 161 1 ~I? physical majority of the members must be present at the meeting. Members are eligible to participate by phone but only if there is a finding by those physically present that an extraordinary occurrence by vote that it is necessary and essential for the member participating by phone allowed vote privilege. In the absence of that finding, the member may participate by phone, but they are not eligible to have their vote recorded. In summary, those members on vacation or out of town for extended periods, unless there is an extraordinary occurrence and necessity to vote and that reason is determined by the physical majority present, the member can participate by phone and express themselves, but a vote cannot be recorded. Mr. Moffatt referred to the the County Attorney's opinion of June 27, 2008 that states absent board member participation by telephone is permissible under an extraordinary circumstance, sucb as illness. Further, an out of state vacation is not an extraordinary circumstance however this determination is one that may be made by the board using their good judgment. Mr. Moffatt suggested that based on the nature of the community and it is common for members to be up north during the summertime for several months (not a "one-shot" vacation) that the good judgment of this Board could decide that to be an extraordinary circumstance. Losing good member input because a member is not physically present is limiting and therefore participation by telephone should be allowable. Mr. Durrill said the extraordinary circumstance determination is decided when a meeting convenes. Mr. Gravenhorst asked if a motion could be made to establish a policy that is applicable at all meetings. Mr. Dorrill said based on his understanding, no. As part of the approval of the agenda and roll call, the Board members physically present would by motion, second, and vote to determine whether the Board member(s) participating by phone will be eligible to vote. Mr. Dallas explained he attended the County Attorney's presentation and from what he understood, participating by phone with voting privileges is an exception to the rule. "I think if we are trying to do this blanketed, we are treading on very thin ice." Mr. Cravens asked if an important issue must be under consideration by the Board in order for this process to be applicable. Mr. Dorrill said the Board members present must make that determination at the beginning of the meeting. The Attorney General Opinions are just that, opinions and are not legally binding, but he did agree with Mr. Dallas to proceed with caution on a case-by-case basis. "The last thing I want you to do is to read your name in the local section olthe Naples Daily News as suddenly the suspects in an ethics investigation." 8218 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7, 2009 161 1 ~\?J Mr. Cravens said the Board of County Commissioners do aJ low participation by phone, so why not look to them as setting precedence. Mr. Dorrill said the issue might be as simple as how the vote is recorded. If an issue is voted affinnatively by all members present and voted affirmative by 2 members participating by phone, then it is just a matter of how that is recorded. Mr. Dallas said he encourages phone participation and the issue is really what is official and what is not. Mr. Dorrill agreed and there was no further discussion. NEW BUSINESS ROLES AND RESPONSffilLlTlES OF BOARD MEMBERS AS REPRESENTATIVES OF THE RESIDENTS OF PELICAN BAY Dr. Raia requested this item on the agenda because, "Being directed by the County to do certain things, I think it is very important that we exercise our responsibility to advise the Board of County Commissioners of the issues that concern us. I hope that we influence the course of actioo they take, but regardlcss, I think it is important that they know what our concerns are and position is 00 issues. Failure to do that could reflect that we do not care about our community, we do oot care about what is happening and we are free to do what we want, so I just want us to recognize that we do have a responsibility to those who elected us." Chairwoman Womble said, "You do realize that is taken care of. They are advised as to our concerns." Dr. Raia answered, "Well, I hope so, but I have some detail I would like to go into. I am not comfortable in knowing they do receive that and I do not know if that is on the agenda for me to go into that now. Chairwoman Womble advised Dr. Raia to proceed because this item was his request. Dr. Raia introduced, "information I feel should be before the Coastal Advisory Committee and the Board of County Commissioners and my reason for presenting this is to have the Board listen to me. Then I would like to ask that the Board votes for authorizing a member of this Board present this to the Coastal Advisory Committee and to the Board of County Commissioners, so I will proceed with this and then you weigh what I say and make your decision afterwards, but I think it is important to bring this up. Mr. Gary McAlpin is the staff advisor to the Board of County Commissioners on coastal affairs. He does not share it, but he is kind of the advisor to the Coastal Advisory Committee and Mr. McAlpin claims that the Army Corp. of Eugineers requires lateral navigational signs. We cannot ignore something that is happening in our backyard in the mangrove conservation area that could deteriorate and devalue our property, so this is an important issue. Mr. McAlpin claims the Army Corp. of Engineers requires 8219 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7, 2009 161 l~l? lateral navigational signs. Fact, the Army Corp of Engineers does not require lateral navigational signs; however the Corp. does permit them if requested. Mr. McAlpin claims the U.s. Coast Guard requires lateral navigational signs. Fact, the U.S. Coast Guard does not require any navigational signs, but they do require that navigational signs comply with their standards as to design, type, placement, and maintenance. The Coast Guard will also hold the County responsible for any claim that may result from the alleged negligence of the maintenance or operation of these approved aids. Mr. McAlpin claims that the Pelican Bay Services Division or the County did request in their permit to install the lateral navigational signs. At least that is his interpretation of the permit and this is where the problem lies. The problem is Mr. McAlpin and the County claim that we put in the permit to install lateral navigational signs. The minutes of the Pelican Bay Services Division meetings developing the permit only describe non-lateral signs and ways to limit navigation, not increase it. The permit only lists the non-lateral signs and stresses that there will be no change in the use of the Pass. The sentence on the bottom of page 38 of the permit, and I quote, 'finally the main channel will be marked in accordance with requirements imposed by the United States Coast Guard to ensure that those who use this system clearly know where the channel is and the prohibition against operating the watercraft outside of same.' The County is interpreting that sentence to mean that we have to install lateral navigational signs. Why they are insisting this, I do not know. There are many reasons why they have teamed up with the City of Naples and Seagate, but that will not be part of this discussion. Let me point out that only regulatory signs will do that and or the black and white stripe buoys. The non-lateral signs that are requested in the permit satisty all of the requirements of the permit, including the safety ofall users and protect the conservation areas. Only the non-lateral signs will accomplish what they want to accomplish and that is to keep people in a channel. Channel markers are not obligatory, they just point out where safe passage is. You can see how safe that passage is when you look at that poor manatee that was stranded on the sandbar and even a flats boat could not get in there. It is important to understand that we want to demonstrate that this is not the place to put lateral navigational signs. I have presented to the Board excerpts from aU of the minutes I reviewed. One after another, they go into detail of expressing the point that you just need the non-lateral signs. Commissioner Hancock who was the Commissioner at the time did attend many of the Services Division meetings." Dr. Raia read and reported the July, 1998 Services Division meeting minutes. Commissioner Tim Hancock stated that the County is under no obligation to keep Clam Pass open because it is not navigable, however tax dollars were allocated for its maintenance and it was his goal to keep Clam Pass under the County's purview because once the Pass was closed it was no longer viable. The consultant at the time, Ted Brown said the signs described as required in the permit are the signs the 8220 Pelican Bay Services Division Advisory Board Regnlar Session Snmmary Minntes October 7, 2009 161 1 .f\ I? regulatory agencies expect. Mr. Brown also pointed out that the permit is a Collier County pennit therefore the County is responsible for posting the signs and Sheriff for enforcing policy. There is no mention ofIateral navigational signs, channel markers have to meet Coast Guard standards and clearly mark the channel. The intent was to maintain the status quo, nol disrupt the estuary and not encourage navigational use. Dr. Raia said the Services DivisiOn/Collier County did meet the permit requirements however the County insists they are indeed noncompliant and therefore, must install lateral navigational signs at the entrance to Clam Pass. Dr. Raia contacted the National Oceanic and Atmospheric Administration (NOAA) because the nautical charts read the Pass is non- navigable, hence the dilemma. He asked NOAA how it was possible to place lateral navigational signs at the entrance of a Pass that is non-navigable. Dr. Raia said this information was not provided to the people responsible for making the decisions, i.e., Board of County Commissioners and the decision was already made. Mr. Cravens asked Dr. Raia if the current canoe trail marking signs in Clam Bay met the permit requirements. Dr. Raia said yes, but regardless of what signs have been installed, the County feels duty-hound to install lateral navigational signs. Mr. Cravens said from his understanding this Board directed Mr. Tim Hall to replace the missing canoe marker signs in Clam Bay. Mr. Hall said yes. The Services Division Board did direct his fIrm to install the missing canoe marker signs in Clam Bay. The project did not happen. Following protocol, Mr. Hall notifIed the the Florida Fish and Wildlife Conservation Commission (FFWCC) that the missing canoe markers would be installed, Tara Alford of the FFWCC notifIed Collier County Coastal Zone Management and asked if they were aware of the Services Division's project. Coastal Zoning responded that they did not want the signs to be installed at that time. Mr. Cravens confIrmed understanding ofMr. Hall's statement and said, "So what you are saying is, action by the Coastal Zone Management was designed to prevent the Services Division's compliance with the permit." Mr. Hall said that he received an email from Coastal Zone Management that conveyed they did not want the signs installed at that time. Dr. Raia said it was possible that the canoe marker signs may be viewed as an obstruction to passage. Chairwoman Womble said the Board of County Commissioners may be introdUCing a new policy to reconsider items they have already voted on October 13, 2009 and suggested waiting for the outcome and act accordingly. 8221 . -----~__.."_4W.._..____~_. __',' . ._._WO"- Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7, 2009 16 I 'i 1 441' Dr. Raia said he would like assurance the BCC has accurate information because at the time they voted, they were told lateral navigational aids are an Army Corp. of Engineers permit requirement and they were non- compliant. The next day he received an email from the Army Corp. of Engineers stating lateral navigational aids are not a permit requirement and it was too late to bring to the Board of County Commissioner's attention. He said he believes the Foundation did forward the information to the BCe. Mr. Dallas asked if the Foundation was involved currently. Mr. Hoppensteadt said the Foundation's issue involves proprietary rights and the prevailing covenants of that area when ownership from Coral Ridge Properties was transferred to the Foundation. Dr. Raia said that contradicts what the County Attorney has said regarding the property. He said the State owns the property and Westinghouse has no right to covenant submerged lands. Mr. Hoppensteadt said the other precedent is the County accepted the land as part of a contractual agreement with the Grantor, so even if they own the land, they still have a contractual obligation to comply. Dr. Raia said Mr. Hoppensteadt is talking law and he wants to argue the law, but that will cost money. He wants to be sure that when the BCC makes a decision that they have the facts. It would cost less if they can influence the law at the level of the County Commissioners. Dr. Raia said he wants to present the facts to the Coastal Advisory Committee and asked Mr. Jim Burke if they have received information about permit requirements and compliance. Mr. Burke confrrmed. Dr. Raia said the purpose of Pelican Bay advisory boards and subcommittees was to represent the residents of Pelican Bay and he believes the Clam Bay Advisory Committee members do not adequately represent the residents of Pelican Bay. He added he does not know what they do represent, what their intentions are, or if they have their own agendas. He reasoned that because no other Pelican Bay community advisory committee is looking out for residents' best interests, that he should be the representative ofthe Services Division that attends the BCC meeting of 10/]3/09 to state the Services Division's position regarding permit requirements and installation of channel markers. Chairwoman Womble asked Dr. Raia ifhe had contacted the Clam Bay Subcommittee or any other group to request a presentation of this information. Dr. Raia said that he wants to go to the next BCC meeting to sigu up as a public speaker. He said three minutes will be long enough for him to "get the gist across" that the Services Division is in full compliance with the 8222 Pelican Bay Services Division Advisory Board Regnlar Session Snmmary Minntes October 7, 2009 161 1 ~11 permit and the County is using their belief that the Services Division is non compliant as a tool, so they can install lateral navigational markers in Clam Bay. Mr. Moffatt said the Clam Bay Subcommittee is meeting in Special Session tomorrow, Thursday, October 8 at 9:30 a.m. at the County Building Room 30 I. Dr. Raia said he wants to attend the Coastal Advisory Committee meeting, also Thursday, October 8 at I p.m. and then bring before the BCC at their Tuesday, October 13 meeting. Mr. Moffatt said Dr. Raia's information is not new information. Dr. Raia said the Coastal Advisory Committee did not provide this information, so he wants to provide them the facts, so they have an opportunity to respond. Chairwoman Womble encouraged Dr. Raia to provide his report to the Coastal Advisory Committee, but suggested delay commenting to the Commissioners until they determine their policy for reconsideration. Dr. Raia recalled BCC meeting discussion and vote of2-2 regarding a Cap Antibes issue. The County Attorney ruled that because there was no voting majority, the issue could never be brought forward for reconsideration. This vote was 4-1, so it is an uphill battle. He said he wants to ensure the BCC has this information prior to reconsidering. ROLES AND RESPONSIBILITIES OF BOARD MEMBERS AS ADVISORS TO THE BOARD OF COUNTY COMMISSIONERS Chairwoman Womble suggested that Dr. Raia provide his research and fmdings to the Coastal Advisory Committee, as an individual Pelican Bay resident and property owner, not as a representative of the Pelican Bay Services Division. Mr. Moffutt said to Dr. Raia that he should follow the chain of command and start by providing information to the Clam Bay Advisory Committee (CBAC) because they operate under the Coastal Advisory Committee (CAC) who would be second and then third, the County Commissioners. Dr. Raia said he wants to present his information to the Committees and Boards as a representative of the Pelican Bay Services Division and the Pelican Bay community, not as an individual. He requested a resolution of the Board. Mr. Gravenhorst said that a resolution that it is unanimous by this Board would strengthen the cause. Chairwoman Womble asked Mr. Dornll his thoughts. 8223 Pelican Bay Services Division Advisory Board Regular Session Snmmary Minntes October 7, 2009 161 11 -AI? Mr. Dorrill said the Board of County Commissioners created the Clam Bay Committee to handle Clam Bay issues, therefore, "we can huff and puff and blow their house down" but that decision was political and this Board should discontinue involving itself in issues that are no longer under its jurisdiction. Expressing views as an individual citizen is the best course of action. Chairwoman Womble agreed and said she would back Dr. Raia as an individual. Dr. Raia said time is ofthe essence and he asked for this Board's consensus. Chairwoman Womble told Dr. Raia that he has done the research and his concern is well found, but politically it is a better idea to go as an individual resident and property owner of Pelican Bay because the Pelican Bay Services Division is not an advisory board to Clam Bay anymore. She again suggested waiting until the Commissioners determine their policy for reconsideration to give them a chance to regroup Dr. Raia said he does not feel the Collier County Commissioners represent the residents of Pelican Bay very well. He added another problem is Pelican Bay's reputation. He recalled Commissioner Tim Hancock's comment at a Services Division many years before. He said because of Pelican Bay 's reputation as being a wealthy community and contentious, the County Commission was never going to provide support and that Pelican Bay should become resigned to take care of Clam Bay themselves. He said that Mr. Burke would not give him a straight answer. From the audience, Mr. Burke said the information is out there. This issue has been hashed out many times, Dr. Raia and others have said the same thing many times, and he invited Dr. Raia to come to the Coastal Advisory Committee meeting tomorrow (10/8109) at I pm. Dr. Raia said thank you. Mr. Dallas said to Dr. Raia that he agrees with what he is trying to do as an individual and encourages him to act individually. He added it is not a good idea for this Board to act officially on Clam Bay. The County said this Board is no longer responsible for Clam Bay and to do the opposite would most likely antagonize people and give this Board less input further down the road on another issue. Chairwoman Womble agreed and reiterated her support to Dr. Raia as an individual resident. Dr. Raia said he was fulfilling his role doing his job as an advisory board member to the Board of County Commissioners. He added that he does not understand and cannot accept this Board's inaction due to fear of stirring up trouble in the future. 8224 Pelican Bay Services Division Advisory Board Regnlar Session Snmmary Minntes October 7, 2009 161 I AI? ROLES AND RESPONSffilLITIES OF RESIDENTS. PROPERTY OWNERS. & INTERESTED PARTIES Mr. Moffatt said he is very concerned that in the near future the Services Division will lose all control over Clam Bay and the mangroves forever. The Clam Bay Advisory Committee is developing a Clam Bay management plan that includes the mangroves. They will most likely recommend someone or some entity to manage that management plan. He added he has not heard that the Services Division is in good "stead" with the Commission and somehow this Board needs to change its perceived image with the County. He said he read an email, but did not disclose the sender, only that the sender is female. The email chastises the County for doing berm repairs "without our knowledge" and goes on to castigate Gary McAlpin. From the very fIrst sentence it shows that she does not understand the issue, yet goes on to offend additional County employees. It does not make sense. It is one thing to go about advising in a positive manner, but "if we're going to take shots at them, we're going to kiss that baby goodbye. Or the berm won't exist." Chairwoman Womble said she agreed saw it happen several times. The Services Division had the support of Commissioner Halas and Mr. Mudd to install the non-lateral channel markers, but that changed due to criticism of the Board face to face and behind their hack. Mr. Moffiltt said the problem is also that people do not clearly identifY themselves as representing themselves as individuals. He said he could not recall what the issue was, he attended a Clam Bay Advisory Committee meeting and someone from Seagate asked why the Services Division opposes an issue. Mr. Moffatt volunteered that the Services Division has not expressed an opinion on the issue and that they were interpreting the statements made by individuals as representing the Services Division and Clam Bay in total. "That's going to kill us. We have tu stop making inflammatory statements and start dealing responsibly. To the extent that we are dealing with a Services Division issue, let us deal with the Services Division staff fIrst before we go out ofthe room and agitate others at the County level. If Mary, Kyle and Neil cannot be helpful lets fIgure out a strategy to get the information we are looking for without making everyone think we are crazy up here. It must be something in the water. Clam Bay is only 95% within Pelican Bay. Another 5% needs consideration. We have to start acting much differently than we have in the past. I'm concerned that it is slipping away at a gallop's pace." Chairwoman Womble agreed. Dr. Raia said, "Perhaps I know too much history." The troubles with Seagate and the County started with sea grass. He feels they both tried to discredit the Services Division by saying, "you saved the mangroves, but you 8225 --",^--~-_.._-,-_.__._~- Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7, 2009 161 1 kl? killed the sea grass." The County brought in an independent consultant that refuted their accusations. He asked Mr. Moffatt why the County insists on installing lateral navigational signs. Mr. Moffatt said be has no idea, but it was after Dr. Raia sent a letter to the Army Corp of Engineers. He emphasized the letter was a positive one, but that is irrelevant because they have been talking for an hour about something this Board has no control or jurisdiction. What is not out ofthis Board's control is development of the management plan going forward and that should be the focus. He said they may have lost with the lateral navigational sign issue, but maybe the Foundation will be successful with their attorneys. The Services Division needs to look at the big picture. Chairwoman Womble said to Dr. Raia that she understands this is a passionate issue, but he has done the research, can answer any questions, and suggested and encouraged him to present it to the BCC before their meeting, as well as to the Coastal Advisory Committee meeting. She reiterated the Commissioners asked the Services Division to step aside and created an additional advisory board to deal with Clam Bay and ended the discussion. MISCELLANEOUS CORRESPONDENCE TURRELL. HALL & ASSOCIATES' SUBCONTRACT UPDATE Mr. Dorrill reported the Turrell, Hall & Associates was not selected by the County as an annual contractor for environmental services, however they are an approved sub-consultant through Humiston and Moore Engineers which is a County approved annual environmental consulting fIrm. He contacted Ken Humiston and informed him the Services Division would continue to subcontract Turrell, Hall & Associates through Humiston and Moore. He also requested Humiston and Moore waive any additional overhead and profIt and Mr. Humiston did agree. ONGOING PROJECTS STATUS SHEET Mr. Dorrill said that he would update the ongoing projects status sheet as directed by the Board and request from the Clerk's internal auditor, a reconciliation report of Capital Funds 320 & 322 going back to the dates of inception provide the update report at the November 4, 2009 meeting. AUDIENCE COMMENTS Mrs. Marcia Cravens was the frrst public speaker and identified herself as President of the Mangrove Action Group. She expressed her disappointment that the Services Division Board did not provide official support to Dr. Raia. On behalf of the Mangrove Action Group, she expressed support for what Dr. Raia is trying to accomplish absolutely, as well as how he described the Board's role as being representative, and the statements 8226 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes October 7, 2009 161 1 Arb within the MSTBU that this Board is responsible for maintenance ofthe conservation area. She added she is hopeful this Board understands that is part of their responsibility and why the Board exists. She asked if the internal audit of capital funds would include revenue and expenses and requested a clarification. Mr. Dorrill answered the Board directed the administrator verifY with the Clerk's internal auditor the beginning and ending cash balance for all years going back to each capital funds' inception. If the findings show a discrepancy and determine the fund not spent properly, then the Board could direct him to request a full audit. He added a full audit could be expensive. Mrs. Cravens said she thought the agenda item 9 c "discussion of performing audit of funds to confirm utilization is as intended" inferred a full audit of revenues and expenditures. Mr. Dorrill said no and repeated the Board's direction by motion of directing the Administrator to request from the Clerk's internal auditor, a reconciliation of beginning and ending cash balances for both capita] funds 320 and 322, going back to the dates of inception. There was no discussion of a full audit of all revenues and expenditures. Mrs. Cravens said she had a meeting with County Budget staff on October I and has an audio version that once converted to digital she would distribute to the Board. John Yonkosky, the County's Budget Director, conirrmed that $1.2+ million is the amount reported by the County's SAP system on September ]5, so she said there are questions that remain. In her opinion, a reconciliation report showing fiscal year beginning and ending balances did not appear to be sufficient. She added this Board should know the actual amounts of how much money came in, how much money spent, and how much money was unspent and requested a more thorough report. Mr. Dorrill said if Mrs. Cravens has concerns, she could request a report directly from the Clerk of Courts internal auditor. The request did not have to go through the Pelican Bay Services Division Board. He added if she believes there is unlawful activity, the States Attorney's office is also a good resource. Mrs. Cravens said she was not making allegations; she believes two different accounting systems created problems. Mr. Dorrill clarified there are not two separate accounting systems but the Budget staff reported erroneous information by compounding the carry forward over multiple years and that inaccurate infonnation was then reported incorrectly to the public and Board through the media. He added the Budget office intends to correct. Mrs. Cravens said at the next BCC meeting, Gary McAlpin is going to present the Clam Bay Advisory Committee recommendations for developing a Master Plan for the health, management and long-term viability of 8227 Pelican Bay Services Division Advisory Board Regnlar Session Snmmary Minntes October 7. 2009 161 Ifd? the Clam Bay Estuary. Their plan includes installation oflateral navigational signs, so ifthis Board thinks it can act later on this, later will be too late. Mr. Dorrill said the Pelican Bay Services Division Advisory Board no longer has the authority to issue comment on the subject of channel markers in Clam Bay. The Services Division's responsibility was taken away from them and the responsibility given to somebody else. Mrs. Cravens said the pennit was issued to the Pelican Bay Services Division, not the Clam Bay Advisory Committee. Mr. Dorrill said who the pennit was issued is irrelevant in this case because both the Services Division and the Clam Bay Advisory Committee are under the authority of the Board of County Commissioners. Mrs. Cravens said she understood but still disagreed and stated she agreed with Dr. Raia. Dr. Raia made a motion for the Pelican Bay Services Division accept the report he made. Mr. Dorrill said there was no need for a motion. Dr. Raia's report is received and a part of the meeting record, but there was no findings of fact or conclusions in regards to pennit status. Board members have the opportunity to give presentations. The Board discussed Dr. Raia's report and he was encouraged repeatedly to provide his findings to other Committees and Boards, and the Board of County Commissioners, so that they may have all infonnation should they decide to reconsider. Dr. Raia gave a presentation and that is the end of it. There is no official action. Ms. Linda Roth, a resident of Pelican Bay's Montenero was the next public speaker. She said the County and agencies involved in the Clam Bay permit all came to the same conclusion that the channel markers installed meet U.S. Coast Guard standards. There are two types of aids to navigation or A TON. One type is non-lateral infonnational markers and the other type is lateral navigational markers. There is no requirement for lateral navigational signs. Chairwoman Womble encouraged Ms. Roth to express herself and go before the Board of County Commissioners as public speaker representing herself as resident of Pelican Bay. Dr. Raia said he disagrees with Mr. Dorrill and disagrees with Madam Chair Womble. Regarding the subject of Clam Bay channel markers, Dr. Raia believes it to be the Pelican Bay Services Division Board's business. As a full body, the Pelican Bay Services Division Board should bring the infonnation to the attention of the Board of 8228 -.--...-,,. Pelican Bay Services Division Advisory Board Regular Session Snmmary Minutes October 7, 2009 16j 1 ~I' County Commissioners. He suggested Madam Chair Womble step down and a new Chairperson be elected, hut no Board members or anyone in the audience responded. Ms. Estelle Fishbein, a resident of Pelican Bay's Beauville and final public speaker said there was an article in Naples Daily News by Doug Caudwell regarding the threat of white flies to fichus hedges on Vanderbilt Beach and other areas adjacent to Pelican Bay. She asked if there was a plan to thwart the white flies. Mr. Lukasz said the Services Division is aware of the issue. The Institute of Food and Agricultural Sciences (IFAS) of the University of Florida County Extension Service issued bulletins and he has distributed information to residents who have inquired. Mr. Hoppensteadt said the Pelican Bay Post is running an article about the white flies in its next issue. Chairwoman Womble said she would like the Services Division to resume writing articles for the Pelican Bay Post to report on issues that the Services Division is interested or subjects of discussion that come up at meetings to let people know what is going on with the Services Division. She asked if anyone would like to volunteer from the Board or staff. Ms. Resnick and Mr. Dallas volunteered. Chairwoman Womble did not give formal or official direction. Mr. Cravens suggested returning audience participation on the agenda because it allows the Services Division to hear residents' concerns. He said the item should be following the approval of the minutes. Chairwoman Womble directed Ms. Resnick to place audience participation as agenda item 3. Ms. Resnick said she would add audience participation to the agenda as item 3. ADJOURNMENT Mr. Cravens made a modo" to ad}oMm. Mr. Gravenhont seconded the nwlion. The Board voted unanlmousw to adjourn at 3:46o.m. 10/7/09 Po/lam 8Gy Services DIvision Scmlmory Minutes by Usa Resnldr, 10/29/09 8229 Fiala Halas Henning DEe 2 1 2009 Coyle , Mll.li.MMARY MINUTES Coletta PELICAN Bl~aMwag~Im'tim ADVISORY BOARD REGULAR SESSION NOVEMBER 4, Z8CI'I RECEIVED 1 ~ LET IT BE REMEMBERED that the Pelican Bay Servke3 Division Advisory Board, in and for the County of Collier, ha ving conducted business berein, met on Wednesday, NoveBOber 4, 2OO!J at 1:00 PM in Regular Session at the Community Center at Pelic.... Bay, 8960 Hammock Oak Drive, Naples with the following members present: 13. t4. Pelican Bay Services Division Advisory Board Members Mary Anne Womble, Chairwoman Theodore Raia Tom Cravens Keith Dallas, Vice Chairman (excused absence) Geoffrey Gibson Hunter Hansen (excused absence) John laizzo Jill Kobe (excused absence) Michael Levy Ted GrnvenhoTSt (resigned, effective 1l/31(9) Gerald Moffatt Pelican Bay Servke3 Division Staff Neil Dorrill, Adminislraror Kyle Lukasz, Field Operations Manager Mary McCaughtry, Reconling Secretary Lisa Resnick, Administrative Assistant Participants & Public Speakers (in order of appearance) Adiel J. Eshkenazi, Producer and Director, Blue Sky Media, Inc. Jennifer Rosenthal, Assistanllo the Producer, R1ue Sky Media, Inc. Tim Hall, Twn:Il, Hall & Associatcs Steve Sammons, Sr. Associale and Landscape Architecl, Wilson Miller Sabrina McCabe, Land Planner, Wilson Miller Robert Naegele, Jr., Pelican Bay 01 Vizc8ya residenl & Chainnan, Pelican Bay Foundation James Hoppensleadt, President, Pelican Bay Foundation Marcia Cravens, Pelican Bay RCb.;denl & President, Mangrove Action Group Sarah Wu, Seagate resident Linda Roth, Pelican Bay at Monlenero residenl Cathy Stenza, Pelican Bay 01 Pebble Creek residenl Joe Stenza, Pelican Bay 01 Pebble Creek resident Dr. Henry "Hank" DiVincenl, Pelican Bay at Pebble Creek resident Steve Seidel. Pelican Bay at San Marino resident AGENDA I. 2. 3. 4. 5. RoU Call Approval of October 7, 2009 Peliam Bay Senrices Division Advisory Bo8rd Swnmary Meeting Minutes Blue Sky Media, 1m;. EducatiooaJ Video Presentation Audience Participation Administrator's Report a) Capital timds Inlernal Audit Report b) Recent Clam Bay Reports by Hwniston & Moore and PBS & J Discussion c) Monthly Financial Report Chairwoman's Report a) Strategic Planning Update Capital Projects a) Cmsswalk and Intersections Thermoplastic Restriping Update h) Lake Bank Enhaocements Update Community Issues Committee Reports and/or Requests Old Business New Business Miscellaneous Correspoodence .) Ongoing Prqects Stams Sheet Audience Comments Adjournment 6. 7. &. 9. 10. tt. 12. Misc. Correa: Date: 8230 !fern # '--""'"'.,._--_.".--.__._-_._.._--..__._-~--_. Pelican Bay Services Division Advisory Board Regular Session Summary Minutes November 4, 2009 16,,1 1 p:y, ROLL CALL All Board members were present with the exception of Mr. Ilwnter Hansen (excused,) Ms. Jill Kobe (excused) and Mr. Keith Dallas (excused.) Mr. Ted Gravenhorst resigned from the Bom:rd, elTeelive 1]/3/09. APPROVAL OF OCTOBER 7. 2009 SUMMARY MEETING MINUTES Mr. Cravens made a motion to approve the October 7. 2009 sununary meeting minutes. Mr. Levy seconded. A Board vote approved unanimously the October 7, 2009 summary meeting minutes. Mr. Cravens nwtioned to fIJ1I1"91'e the October 7. Zt109 s"-J' meeIing mimIIes. Mr. Levy seconded. A Bourd vote rovetl_. the October 7. Zt109 . mimIIes. BLUE SKY MEDIA. INC. EDUCATIONAL VIDEO PRESENTATION Mr. Adie] J. Eshkenazi, Producer and Director, Blue Sky Media, Inc., and Ms. Jennifer Rosenthal, Assis/antto the Producer, Blue Sky Media, Inc.. presented the Pelican Bay Services Division's educational video entitled, "Water Runs Through It" Applause followed the presentation. Madam Chair Womble asked the audience for comments. No one in the audience chose to participalC. Madam Chair Womble said to Mr. Eshkenazi and Ms. Rosenthal, "It was a very beautiful presentalion of exactly what happens with the water." As a tcacher, she is hopeful the video wilt help to educate people about water and made a suggestion to contact schools Seagate and Pine Ridge areas, so students can watch and learn. Other suggestions made were to provide the video to local colleges, the County, the Fooodalion's channel 95, the Club at Pelican Bay, Ladies Group, and Men's Coffee. Anyone interested in watching the video should contact the office Mr. Dorrill informed the Board that staff is exploring possibilities of showi"l! the videos "Water RooS Through It" and the "Jewel of Pelican Bay" on the Coooty'S government access channel. He added the purpose of the video was to fulfill a requirement of the ten-year Clam Bay Restoration & Management Plan permit. 'The video speaks to the value added and little bit of the mystique as to why Pelican Bay is such a special place." Dr. Raia and Mr. lau20 both expressed the video sbould be llllKie available to realtors and prospective buyers because it demonstrates the comnnmity's value. Mr. Cravens sugge<lud looking into the possibility of mass production oftbe OVD for distribution to all residents. He added it is very inexpensive and costs less than $1 per DVD. 8231 Pelican Bay Services Division Advisory Board Regular Session Sa......,- Minntes November 4, 2009 161 1 -k\~ Madam Chair Womble assigned the Budget CommiU"" to examine the budget for the possibility of video mass production. She added both the Services Division and Fowuiation Boards should perform a needs assessment fIrst. Ms McCaughtry said one-bundred (100) DVDs are on order and should be ready in two weeks. There was a general concern over copyright issues. The video was paid for with public funds and therefore available in the public domain. Madam Chair Womble thanked Mr. Eshkenazi and Ms. Rosenthal. There \ws no further discussion. AUDIENCE PARTICIPATION Madam Chair Womble opened up the floor to audience participation. Mr. Robert Naegele, resident, and Chairman, Pelican Bay Foundation asked if he and others can make public comments could after the Board hears an agenda item, referring specifically to agenda item 5 b, Recent Clam Bay Reports by Humiston & Moore and PBS & J. He added that this item is an importamt and sensitive issue in the Pelican Bay community. Mr. Durrill said the Board should decide whether to hear public comments following an agenda item. There were no Board COID11Wnts or concerns regarding Mr. ~e1e's request and Madam Chair Womble expressed the Board consensus that the Board shall hear public comments followq" an agenda item. ADMINISTRATOR'S REPORT RECENT CLAM BAY REPORTS BY HUMlSTON & MOORE AND PBS & J Mr. Durrill began his Administrator's Report with item 5 b) Recent Clam Bay Reports by Humiston & Moore and PBS & J Discussion. The Humiston & Moore report entilled Clam Pass Restoration & Management Plan Tidal Analysis Report No. 10 is the primary reason for this agenda item The pwpose of the report is to advise the Board on matters related to mangrove management and restoration and to fulfill a requirement of the ten-year Clam Bay Restoration & Management Plan permit. Cwrently, the report is part of the continuing program that moniilors water quality and tidal velocities in the Estuary system. The PBS & J Clam Bay System report was going hefore the Boan! of County Commissioners on November 10 originally; however, now it is scheduled for December 15. The Clam Bay Advisory Committee will sunset on Decemher 31, 2009 unless the enabling ordinance extends the committee's authority and duties. He acknowledged the PBS& J report raised concerns in the community regarding the way the Services Division coll""ted water quality monitoring data historically. The Services Division's data is reliable scientifically, if for no other reason than a certified COlmty lab actually performed the testing. There were questions raised as to whether the technicians perfonning the collection are state certified. Historically the answer is no, however, currently, technicians can enroll in a certitication comse and there are three staff certified technicians. The State ofFIorida's Storage and Retrieval datahase or STORET is an electronic datahase for water quality data 8232 Pelican Bay Services Division Advisory Board Regular Session SU.......ry Minutes November 4, 2009 161 1~\1 that meets standards. Historically, the SeTvices Division has not reported. water quality data to the State because from what he understands, the data's intent is for local use. The data collected mayor may not be eligible to report to the State's electronic clearinghouse for general water quality standards,. but if it is eligible, the. Board should consider torwarding it. In July, when he commenced employment as Administrator of the Services Division, tine Board informed him they were not in receipt of fiscal year 2009 Fund III money. He worked with County staff and the Services Division did receive a portion. He is monitoring receipt of fiscal year 2010 Fund II I money that goes toward ""pital Clam Bay Fund 320. The County's Coastal Zone Management department and Commissioners intend to extend the authority of the Clam Bay Advisory Committee, so there is the potential that they may also request funding to develop a Clam Bay management plan~ He is monitoring the situation and if they make the request, he will do what he can to ensme the Services Division does not lose the budgeted fiscal year 2010 Fund III money. Mr. Hall said the Services Division's wale.- quality data is not eligible for STORET ~ The reason the data is not eligible for STORET because at the time of collection, the protocols to fullow did not exist. Currently, the State certification requirement regarding equipment and data collection, or moreover a qwdity assurance, quality control (QAQC) proto=l must be followed in order for data to be eligible for STORET and to detennine whether a water body is impaired. When the new protocol started, the Services Division did not change its procedure because the Clam Bay Restoration & Management Plan permit did not require it and was more costly~ The Humiston & Moore Tidal report No~ 10 data shows the tidal prism, the difference between high and low tides and tlte tidal lag, the amoWltoftime it is low tide in the Gulf versus the amotmt of time it is low tide in the basin. The 'ystem's tidal prism is hetter than it "'as hefore the permit program started in 1998. This data and visual observation detennines whether or not to maintenance dnodge to open up the Pass~ The data for this year shows the tidal prism and phase lag is within the original permit ranges, so maintenance dredging is not necessary. There is a decrease of water movement in upper Clam Bay. but is oot believed to be associated with the Pass, but with a small shoal area that was dredged originally and is reforming. The area is under monitoring, so it does not get to the point where it is blocks water completely from upper Clam Bay~ Mr. Cravens asked if tbe total water volume coming in and out is higher and if that is what Mr. Hall means when he says "better." Mr. Hall said the flushing capacity is better, so there is more tmno_~ The wale.- coming in is moving more~ This does not necessarily indicate a higher volume of water coming in and out, although in this case it does. Growth and progression of mangrove plot'!. continue to be monitored, and documented. 8233 Pelican Bay Services Division Advisory Board Regular Session Su_ry MiDules November 4, 2009 16~ I j11?; Madam Chair Womble asked Mr. Hall about the mangrove are",s that seemed to be dying and if he still believed this was a natural die-ofT resulting from several hurricanes in 2005. Mr. Hall said he is. stilt inclined to say it is a natural die-off and 15 monitoring the area to make sure some of the chlorate growth. or yellowing of leaves does not get any worse. Mr. Cravens said he walked the public boardwalk in Clam Pass Park recently. He used to guide nature walks there for the Conservancy 3 - 4 years ago and since then he has not visited the boardwalk in Clam Pass Park There is a large volume of Brazilian Pepper growing in the mangroves. Noting the Services Division controls exotic Invasive plant growth in Pelican Bay, he asked Mr. Hall if there was a County progmm foJ' c(mtrol of exotic invasive plants in Clam Pass Park. Mr. Hall responded the County did not have such a program. He said he removes small exotic invasive plants as he sees them when he is on site. Larger invasive plants and pockets of growth, they try to locate on a handheld GPS or aerial photograph and then he informs Mr. Lukasz that those areas need treatment He added this issue has come up before. There were exotic invasive plants by the roadway of the Ritz Carlton that the Tnmsportation depmtment removed eventually. He said he would find out who is responsible and inform the Board. Mr. Moffatt asked Mr. Cravens if the COWlty were responsible would that make the Services Division responsible because, "We are the CoWlty." Mr. Cravens said he did not believe the Services Division was responsible for any maintenance of the County's public boardwalk in Clam Pass Park. Mr. Dorrill said the Services Division could be responsible, but is not. Mr. Lukasz asked Mr. Cravens bow much and where did he find the Brazilian Pepper growth. Mr. Cravens said there is extensive exotic invasive Bmzilian Pepper all along the rust half of County's public boardwalk and the amount diminishes closer to the beach area. Mr. Lukasz said the County's Parks and Recreation department 'Wonld be responsible for the area within the park, but he would fmd out aOO. resolve. Mr. Duffill referred to Hwniston & Moore's No. 10 report. He said the Board paid for the report as a requirement of the Clam Bay Permit. ]t is important that the Board acknowledge the report, especially because of the eurrent Clam Bay issues. He asked Mr. Hall to explain what the layperson's perspective should be. Mr. Hall explained Humiston & Moore reported the hydrologic annual monitoring required of the Clam Bay permit. tn the past, 'Turrell, Hall and Associates provided an annual report and presentation, however this year it is not a requirement 8234 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes November 4, 2009 1611 l.fil? and they do not have plans to do so. In sUlllJDaIy, the report shows the syslem is working well and no maintenance dredging needed. He can invite someone fTOm Humiston & Moore to the next meeting to answer technical questions. Mr. Moffatt read number one of the executive summary of the PBS & J report that smt~ "While there are numerous water quality monitoring programs throughout the Clam and Moorings Bays systems, the water quality data from efforts in Clam Bay is not heing placed into the State of Florida's Storage and Retrieval (STORET) database. This is inconsistent with guidance given to local governments through Florida Administrative COOle and Florida Statutes. Data collected by the City of Naples for Moorings Bay is being placed into S-fORET." He asked Mr. Hall if the statement was true and whether the Services Division take any action. Mr. Hall said Florida Statnte require local, COWlly, and state governments, and water management districts to enter appropriate water quality data into STORET. The term "appropriate" meets quality assurance and quality control guidelines. This data clarifies whether a water body is impaired. Anyone can submit data to STORET, but that does not mean the data is accepted. About five or six years ago, they discussed it and because not a permit requirement and the protocol would incur additional cost, it was not pursued. Mr. Cravens said he feels this report has cast a shadow on work: the Services Division has done. He fears people will refute Pelican Bay's claim ofwatec quality that existed in the past, does not exist because the data was not entered into STORET. Mr. Han said some pcop\ebave said that aheady. The lab that analyzed the data is a certified lab. It is more ofa matter of protocol followed. or in this case not foUowcd, to collect the data and equipment calibration before and after collection. This could make the data susceptible. Since Twrell Hall & Associates took over the study. they did collect data that they considered abnormal and inconsistent, but have always doct.1Illented it and is why they beJieve it to be suspect. Mr. laizzo asked Mr. Hall if because the data was not entered into STORET did that "hurt us." He also asked if the reason the data is not in STORET is due to the technician not being State certified. Mr. Hall said part of the reason the data is no! in STORET is due to uncertified technicians. The main reason it is not in STORET is there was no protocol in existence to follow_ When the protocol was fust introduced, it was not a permit requirement and expensive, so it was not implemented. Just because there is not any paperwork to show all of that, it does not mean the data is not verifiable data. The issues raised bave to do with two parameters. One is dissolved oxygen. The state bas a mandated standard that dissolved oxygen levels cannot go bdow four and on a 24-hour period should average 5 or higher. They collect a "one-time grab" sample, no! several over a 24-bour period. It levels depend on the time of day and time of year. The downside of not entering data into STORET is that the State conld mandate their own water quality 8235 Pelican Bay Services Division Advisory Boan! Regular Session Su-.y Minutes November 4, 2009 161 1 .ltl? collection and testing study and based on their data determine the water Ibody impaired It is possihle that the water body is pristine in its natural state without dissolved oxygen levels above 5, but without coordinating the water body data to be site specific, then the risk is there that the water body could be declared impaired and the State would then impose restrictions and requirements to resolve the impairment. The second parameter is chlorophyll-a. Mr. Hall said he is not too concerned about cWorophyll-a, because the average data conected exceeds the standard. He said there might be some inaccuracies with some of the data and in prior annual reports, is documented as parameters to monitor. Mr. Moftatt made a suggestion for the Services Division to deve\op a water quality conection and testing procedure manual. Mr. Hall said the manual could be modified to reflect site-specific conditions and before and after field calibrations. Mr. Cravens asked Mr. Hall how tbe different time of day reflects in the results. Mr. Hall said said the time of day and temperature make a difference. Generally, warmer waters and warmer temperatures result in lower dissolved oxygen. Different levels will result by taking a sample in the shade versus sunshine. Chairwoman Womble asked what work is involved to revise the water quality collection and testing manual to be site-specific. Mr. Hall said he recommends revising the water qnality collection and testing manual in the new Clam Bay management plan. It would take about a week to review and rewrite, then to be safe. have their quality assurance and quality control consultants review it fOT accuracy. He added that if it is the Servitces Division's inteJll to keep taking water quality \\amples, yes, it is a good idea. if it were the County'. intent to delegate '8uthority elsewhere and incorporate water quality testing into their monitoring progra~ then it would be a waste of time and duplication of services. Mr. Dorrill said this years' budget includes the asswnption the Services Division would maintain control of the water qnality monitoring in Clam Bay. Mr. Iaizzo asked if the teclmicians are certified, otherwise the dola is useless. Mr. Hall said there are three certified teclmicians. Mr. laizzo asked if there was already a duplication of effort wilih both the Services Division and the County testing water quality. Mr. Hall said not yet. Mr. Moffatt said the point he is trying to make is the Services Division may be able 10 preclude the County from delegating the task of water quality collection and testing el..,where, the Board can show the County they have certified technicians to collect water quality data. 8236 Pelican Bay Services Division Advisory Board Regular Session Summary Minutes November 4, 2009 161 1 *13 Mr. Dorrill suggested a Boanl motion and vote. Mr. Moffatt made a motion to direct Turrell Hall & Associates; to develop a revised and site-specific water quality collection and testing protocol that is quality assurance quality control (QAQC) approved for the technicians on site to f()l1onr and when complete. implement the protocol. Mr. Cravens seconded the motion. Dr. Raia asked what does cWorophyll-a measure. Mr. Hall said cWorophyll-a measures the amount of cWorophyU or green plant material and algae growth. Mr. Cravens asked if nitrogen affects cWorophyll-1l growth. Mr. Hall said in systems in Southwest Florida, it is both nitrogen and phosphorus, but probably more phosphorus- limited than nitrogen-limited Mr. Moffatt asked if the data would he eligible for STORET if there is an implementation of a revised water quality data collection and testing protocol. His intention is to prevent another negative report, like the PBS & J onc. Mr. Hall said yes. Mr. Cravens added to the motion. 1l1e Services Division will submit data collected to the appropriate state agency. Chairwoman Womble added the data collected is to be commensurate with agency standards. Dr. Raia referred to cWorophyll-1l. He explained algae and sediment deprive the environment of sunlight and dissolved oxygen. He was trying to ascertain where the die-off is and what has precipitated the need for the many tests that are expensive because he does not see a die-off of anything. The only thing seen to die-offwas the mangroves about 10-12 years ago, and the Pelican Bay community discovered what the cause was, fixed and paid for it. For some reason, the County has pursued additional testing. He asked the Chair to discuss the PBS & J report on the agenda because he felt the wording in the report is extremely critical of Pelican Bay. It is IIOt fair. Staff worked very hanlto solve the problem and he congratulated. Instead, the PBS & J report states the water collected by tbe Pelican Bay Services Division contains obvious errors. PRS & J also compares Clam Bay with Moorings Bay and finds Moorings Bay t<> he a hetter water body. The report is unprofessional and clear misuse of information. He distributed to the Boanl a 1981 MOO>rings Bay report by the Florida Department of Environmental Regulation (FDER) The report offers suggestions to improve the water quality, circulation, and to lower the water depth in Moorings Bay by ftIling it in with sediment. The PBS & ] report states Moorings Bay is too sballow and to improve water quality and circulation, Clam Pass be dredged to widen the connection between Moorings Bay and upper Clam Bay. The PBS & ] report findings contradict the FDER report findings. Madam Chair Womble said, "But the report is from 1981." 8237 Pelican Bay Services Division Advbory Board Regular Session Su-.y Minutes November 4, 2009 16j 1 ~{3 Mr. Cravens asked Dr. Raia to clarify whether he was in favor cOf or opposed to the motion on the floor. Dr. Raia said he was contributing information leading up to that. He acknowledged.Mr. Moffiltt's. comment "we are the County." Clam Bay is County property and therefore C<>unty responsibility. Westinghouse gave the property to the County because the Army Corp. of Engineers determined that Wcstingh<>use would not be a good custodian to preserve its natural state, and therefore a governmental entity should take over. 10-12 years ago, when the mangroves were dying off and needed fixing, the County Commissioners, even though lbe County owned the property, would not appropriate any money because they believed Pelican Bay to be a ricb community. The County Commissioners gave Pelican Bay a green light to pay for and fix the problem themselves. Tbe Pelican Bay commWlity spent llteir own $1,000,000 to fix the problem. He stressed that if the County wants to take over the responsibility of Clam Bay, then they should be paying in entirety. The Services Division is happy to pay for the program if the the Services Division is the custodian, to ensure Clam Bay stays pristine. If the Services Division is going to go through with a water quality program, then the County should not be duplicating services. He said according to Ross Ohley in the water management video? Pelican Bay designed the water management system for the South Florida Water Management District His referred 10 his second handout from the South Florida Water Management District entitled Table 2. Water management systems are based upon the amoWlt of impervious and pervious surface land. A greater amount of impervious swface land resuhs in runoff and pollution Mr. Moffatt said, "What does this have to do with my motion, I'm confused." Dr. Raia said, "I don't want to waste any money. I listened to you Jerry. I did not interrupt you. Please let me tinish." Chairwoman Womble asked Dr. Raia to, "Get to the point, Ted." Dr. Raia continued, "Because we are talking about water and pollution and the County's responsibility." From what he understands. the water management system in Pelican Bay is designed. for certain areas where there is cluster housing. Table 2 clearly states the appropriate quantity and percentages of peIVious and impervious surface areas in Pelican Bay. That is oow a water management system should work. The County does oot dletme coastal development in the same way. To the County, Pelican Bay is one whole cluster without creating any additional open land because the golf course and Clam Bay have already been declared the land used for open space. Pelican Bay's water management system does not say that, so he believes there is a disconnect between the amount of water that can flow off the land into Clam Bay and what may be actually happening. If this disconnect exists, then it would he appropriate fOT lite Services Division to ascertain whether a problem exists. "That is my point un that particular issue. Thank yuu." Madam Chair Womble said, "Well that got into the record." 8238 Pelican Bay Services Division Advisory Board RegnIar Session Summary Minutes November 4, 2009 Mr. Molfatt referred 10 the PBS & J re\;sed executive sWllDlHIY. He believes it is misleading. From what he 16J I .f\J3 understands, the consultant for PBS & J is going to come to the Services Division's next meeting and review the report before it goes to the County Commissioners. Mr. Dorrill said no. Madam Chair Womble asked Mr. Moffatt from whom did he receive the information. Mr. Moffatt said from John Arcen, Chairman of the Clam Bay Advisory Connnittee (CBAC.) Mr. Dorrill sajd from his underslanding, the Mr. Arcen intelld. to discnss fw1her the PBS & J report at the next CBAC meeting on November 19. Dr Raia said 10 Mr. Moffatt that be believes the CBAC has already voted to submit the PBS & J report to the Conunissioners. He wondered how they could change their- vote not to SlIIibmit the draft to the Comty Commissioners without having another meeting. Mr. Moffatt said his understanding is the report will not go before the Commissioners until December IS. Dr.. Raia said, "So much for the Sunshine Law. Somebody decided something." Mr. Levy asked Mr. Moffatt if he had a revised executive summary. Mr. Dorrill said Mr. Moffatt is referring 10 a different executive swnmary, one that is a staff submilled document. He is not referring to the PHS & J report's executive summary. Mr. Moffatt said his point is the Services Division should do everything it can to reflect more accurately the facts and avoid misinterpretation before it goes to the Commissioners. Mr. Cravens said it was stiU Wlclear as to what report Mr. Moftmtt was referring. Was it the staff executive swnmary or the executive sununary in the PBS & J report. Mr Moffatt said the executive swnmary be was referring was the one prepared by John ArceO, Chairman of CBAC. Mr. Dorrill said it is his understanding that the staff executive summary would have been written by Gary McAlpin. It is a preliminary docwuent, not yet scheduled for a BCC agenda. Mr. McAlpin may want it to he on the ageuda, but Mr. Dorrill discnssed the Board's concerns with Michael Sheffield, Assistant Connty Manager, and that resulted in the item pulled from the Connnissioners' November 10 meeting agenda. Mr. Cravens said he believes the CBAC will sunset at the end of December 2009 and in order 10 extend the committee, the Conunissioners are required to approve an extension. Mr. Dorrill said yes, the CBAC would sunset on December 31,2009 unless the Connnissioncrs extended it, so he understands Mr. McAlpin' s. s.ense of urgency to get the extension before it expires.. 8239 PeUcan Bay Services Division Advisory Board Regular Session SUJDMaJy Minules November 4, 2009 16J 1*" Me Moffatt said at least two members of the CBAC will resign at the end of their term and their vacancies advertised. He does not believe the CBAC will finish in time and the initial six months extension will be extended. Mr. Cravens said the CBAC reports t() the C-oosta} Advisory Coonmittee (CAe) and to the Commissioners. Dr. Raia noted the PBS & J report doL'" not say it is a dratl It sltates it is final. A Board vote was taken on the motion and was approved unanimously. Mr. Moffatt rmuIe" motion tJJ 4ired Tturdl Hall & Associtllel1 to deveWp. revised ."'/ site-specific wilier quality coIIeclion "nd testing protocol that is quality ._rllllce quality control tlJ'proved for the technicians"" sile tfl fflllnw II1UI when complete. impbncnt 1M protocoL Dill" colIedetI sh"n be commensurote with stille agency standards IlIItlsubmilted tlCconIingly. Mr. Cravens sewntled the motion. A lJoartI vote _roved""",,' the-wm. AUDIENCE COMMENTS: RECENT CLAM BAY REPORTS BY HUMJSTON &, MOORE AND PHS &, J Mr. Bob Naegele, resident since 1994 ard Chairman oflbe Pelican Bay Foundation, said thank you to the Pelican Bay Services Division past and present on work done because. "It is a tha.nldess job and probably most mislUlderstood by Pelican Bay residents and by the County. The Services Division has established a great precedent and for a very long time was in charge of Clam Bay and the Pelican Bay waler system. The Services Division hecamc a casualty of no good deed goes unpunished and something happened." He reterred to some cmails going hack and forth and read one, "from someone who shall remain nameless. He read, 'They have taken away the authoris;y of the Pelican Bay Services Division to renew the ten-year permit. They have created the CBAC effectively taking control out of Pelican Bay. They have established a sunset date for this conunittcc, moving the last voices of Pelican Bay.' Now thatt will extend should this December 15 meeting take place. 'They have subordinated the CBAC 10 the CAC making it incffecttive and not to be heard ti-om. They have created the Clam Bay Estuary, a geographical entity not supported by anything ard liIey have averaged data for this new entity to set the stage for further actioIL All of this has happened in a matter of months in the Sunshine and properly accepted and approved by our govenunent. Now it is a slap in the face for each ofyoll who have paid the price. I see Coleman Connell sitting down there too as a former Chairman. I just wanted to congratulate you and take a moment of lament. My second piece is this. Humiston & Moore, and Turrell, Hall & Associates, have been wondcrf6d consultants to what we have established over time. Weare grateful to them and their good counsel. Then lhis report comes out by PBS & J. Yon just discussed the executive summary published as final, but we know there is going to be work as Mr. Moffatt pointed out there are serious errors in it In the Hwniston & Moore October 27, 2009 response to Mr. McAlpin, K<m.R=i.'lI<v>.~ """"".., \lli<. a\k:<,;ati<>= made by PBS& J." Mr. Naegele read from the first page, 'The PBS & J report disregards the eircwnstances ander which the H&M study was condncted in describing the H&M modeling study.' "Mr. lIumiston continues to rebut speeitic allegations made, 8240 Pelican Bay Service. Division Advisory Board Regular Session Summary Minute. November 4, 2009 16 j 41 Itl J and this could not have been easy as he may still want to do business wilh the County, but he had to stand up and say, J raise my hand in objection. He did it r-espectfully and quite comprehensively_"-'" The last page ofMr_ Humiston's letter reads that new parameters could have been added to the model framework without :the need to create a new model" This is a buJe misleading on several levels and the most obvious is that PBS & J is proposing to create a new model. Uyou are trying to create a new model, then you are trying to get a different result and that is what is most troubling because we have seen from the original David Tomasko report, now followed up to lIris report, iliat tiaere are huge contradictions. As a resident, the thing that galls the most is that what we have done is historic and we are being compared to a sewer to the south called Venetian Bay where there are seventy -one pipes directly feeding into Venetian Bay. There arc a number of boat slips with boat pump out stations and another one up in the County called Vanderbilt Lagoon, which is another sewer. We are being put in a situation that our water is impaired. Folks this is not right, this is not fair, and this is not factual. Thank you. ,. Mrs. Marcia Cravens identified herself as President of the Mangrove Action Group and iliat she was speaking for herself as a resident, for the organization. Mangrove Action Group, and for the over 2,400 who have signed the petition in support of no action that would significantly alter the Clam Bay preserve ""ea. She referred to information she received from County ordinances regarding recent species list and some historic pages negarding Clam Bay. She refers to several County doclUDents including the Pelican Bay Planned Unit Development (pUD)>covenants, the 1991 Collier COlmty Coastal Zone Management plan, a 1992 Collier County Ordinance, the Collier County Growth Management Plan, and Army Corp of Engineers which all state that the area north of Clam Pass is the Pelican Bay Conservation Area. The area is maintained in perpetuity for conservation purposes, protection of natural resources, ~ beauty, and aestOOtic value. Further, no building structure, facility, or other improvement shall be placed in the conservatiIDn area without written approval by grantor and grantor has a right to reject any offers. The Army Corp of Engineers pennit restricts dredging of Outer, Inner or Upper Clam Bay. Motor driven vessels are restricted from the sea grass bed area. The Clam Bay system shall be posted as no wake zone. A major goal of the Growth Management Plan's Conservation and Coastal Element is for the County to focus attention on the ways and means to protect, preserve, and conserve wildlife, and improve the natwaJ habitat of the Clam Bay ecosystem. On behalf of the 2,400 + Mangrove Action Group petitioners and overwhelming sentiment of Pelican Bay, she asked the Services Division Board to do everything in its power to protect the Clam Bay ecosystem from being degraded, or its flUlction misused. to keep it in its natural state so that it can serve its purpose. She added that Collier COWlty received Federal funding as part of the Water Resources Development Act (WRDA) and said Collier County's proposal misrepresented the Clam Pass Natural Resource Protection Area (NRPA) calling it the Clam Bay Mangrove Forest Estuary as having "recently experienced alanning increases in nutrient level loading. It is absolutely Wltrue and borders on fraud." She 8241 Pelican Bay Services Division Advisory Board Regular Session SU........ry Minutes November 4, 2009 161 I ~I? further explained that this WRDA proposal is not dead, it simply did not get any action taken in 2008 or 2009, however the Housc has passed a WRDA type bill and it is currently in the Senate. She requested every Board member write a letter to u.s. Senators Bill Nelson and George Lemieux indicating how they felt about this. Ms. Sara Wu. resident of Seagate said she was nervous to be here becausc she thought, "you might get a little bit upset for me being here. The only reason why I'm ht..'Te is because] get tlhris feeling from emails rYe seen out there and docwnents that people are looking at the PBS & J report and pointing filJlgers at one another, making accusations, claiming there is some conspiracy out there to dredge Clam Bay. Chairwoman Womble assured Ms. Wu that no one was upset lhat she was here. Ms. Wu asked the residents of Pelican Bay to be objective, put past conflicts aside, and work together with Seagate and the County to make Clam Bay a better place than it already is. "It is a great system, it is beautiful, but according to the report, there are some water quality issues that need to be addressed o~ectively and move forward." Chairwoman Womble affirmed what Ms. Wu said to ensure sbe lllIIIlerslood. One point was for Pelican Bay re",dents to look at things objectively and the other was that Clam Bay could be used in a better way. She asked Ms. Wu what she meant by better way. Ms. Wu said she did not think sbe said that Clam Bay can be used in a better way, but she wants water quality to he better, she wauts more wildlife, "my canal to be cleaner" and "particularly the water quality in Clam Bay cau improve and should improve. This is a baseline report." She asked Mr. Hall if his water quality sampling sites WCTe more or less than what was donc by PBS & J, specifically the number of sites and if they pulled from below the boardwalk or stopped at the boardwalk. Mr. Hall said the sampling they do is in cO~lDlCtion with the developmenl, but overall they sample more sites than PBS & J did, but in the Bay itself, less. Ms. Wu asked bow far south did they go. Mr. Hall said they stop at the culvert that separates Seagate drive. Dr. Raia asked Ms. Wu if she lived on one of the canals in Seagate. Ms. Wu said yes. Dr. Raia said it is difficult to flush those canals becausc they are quite a bit deeper than Clam Bay. Ms. Wu said yes. Dr. Raia said Pelican Bay did not build the Seagate canals. 8242 Pelican Bay Services Division Advisory Board Regular Session Sununary Minutes November 4, 2009 161 11 ,&13 Ms. Wu said she understood that but, "'what is getting emptied into those canals has to go somewhere and I'm sure that is impacting the health of the estuary. We need to be as comprehensave as we possibly can. You guys have done a wonderful job with the mangroves. I commeod you for that but that is _ all there is to managing Clam Bay." Dr. Raia asked what she sees as the problem. Ms. Wu said she did not know, she is not a scientist, but based om her observations she sees a problem when she is kayaking. ""I do not think that silt and cloudy water is necessarily' healthy water." There is algae growth, less fish and fewer dolphins. Mr. Moffatt said to Ms. Wu that her comments were welcome and referred to the last meeting \"JleTC he said the Services Division and Pelican Bay should act responsibly or they will not have a chance to continue to manage Clam Bay. Because the odds are stacked against them, Pelican Bay Services Division must take some positive action to show good management. He referred hack to his mentiou of the executive swmnary "larified he received an email Jiom Gary McAlpin. Mr. McAlpin and staff prepared the executive sunnnary at the direction oIf John Arceri, Chairman, CBAC. The CBAC will discuss the P8S & J report at the November 19 meeting and present to the COWlty Commissioners on December 15. He hopes PBS & J will come to the Services Division's next meeting to disclllSs, so the Board can provide input Dr. Raia asked Mr. Moffatt if there was any reason why he did not forward that emailto the Board, so they could be prepared for today' s comments. Mr. Moffatt said he has been busy, so he did not have a chance. He added the changes were not substantial. Dr. Raia said the sediment report lists certain metals found and this does not make Pelican Bay look good. He added the metals could only come from certain entities, one being. '1he Caloosa Indians were practicing some type of metalhrrgy there, or the reused water is not purified enough, or it could leech from thoe pylons that support the boardwalk If that were the case, it would be an insurmountable cost to try to resolve. On the other band~ there is no mangrove die-out near any of the pylons and none of the wildlife is dying. Where is the problem we are trying to fix? Scagate was built in 1950 and sold the way it is today with a very shallow Clam Bay." He wishes they could help Scagate, but "if they expect us to dredge a six foot deep channel to flush those canals it is going to he very difficult to accomplish." Ms. Wu said she never said anything about dredging Clam Pass. Mrs. Cravens said the Pelican Bay Conservation Area still exists and the Natural Resource Protection Area (NRPA) is another layer to this conservation area. In 1999 a judge ordered Collierr.County to create two NRP As, one for publicly owned conservation areas and one for privately owned conservation area.~_ The problem is the Clam Bay Advisory Committee is has re-defined the existing estuary into an extended and very large one inclnding Seagale and Moorings Bay. 8243 Pelican Bay Services Division Advisory Board Regular Session Su.......,. Minutes November 4, 2009 161 1 ~I, Seagate and Moorings Bay are not in the NRP A, but the CBAC is trying tto incorporale those areas into the NRP A management plan, a deviation from the original plan. Ms. Linda Roth, resident of Pelican Bay's Montenero read a sec1llon of the Naples City Cmmcil workshop minutes of May 19,2008. AI Katz, Vice President, Save lhe Bays of Naples said;at least cighly beach outfall pipes empty into thc Moorings Bay system which carry pollutants and storm water. She showed pictmes of the pipes mounted into the cement walls of the Seagate canals_ All homes have pipes that empty inlo Mooriongs Bay_ She referred to the PBS &.1 report whlCh states the water in Moorings Bay and Seagate canal is better than Clam Bay according to the criteria of dissolved oxygen and chlorophyll-a and all graphs in the report show this. Either the study is wrong or the Naples City Council minntes are wrong There are many more Naples City COWlCil meetings where the minutes read that Moorings Bay pollution is due to the piping system. Referring to Ms. Wu, she said Seagate wants the water cleaned up, but according to this report, they do not have a problem in Moorings Bay, so there is something \\Tong here_ Chairwoman Womble said thank you and said to Ms_ Roth that she received her email about grass clippings and tlm! Mr. Lukasz can address that with ber. ADMINISTRATOR'S REPORT: CAPITAL FUNDS INTERNAL AUDIT REPORT Mr. Dorrill said at the October meeting, the Board directed him to contact the Clerk's internal auditor and request them to prepare an analysis of beginning cash balances back to the inception of capital funds 320 & 322. He said the cany forward nwnbers on the report correspond with the 3UlOWlts budgeted or anticipated fOT carry forward. There are several reasons why. Based on the actual encumbered or still in pl"occss purchase onlers, sometimes it is difficult to detennine how much has been or will be spent hefore the end of the year. The CoWlty st..ff has not yet resolved to his satisfaction how the County accOlmts for interest earnings that would accrue on the Services Division's funds and cannot co-mingle with general revenue. Thirdly, as he reported last month, there was a mistake made in the calculation of the year-end budget amendment in an advertised public notice published in the Naples Daily News_ Tbe capital fwx\s audit report he distributed and presented is part of today' s record. The bottom line is the money is there. The year-end balance of Clam Bay capitallimd 320 is $381,645 and capital fund 322 is over $1 million. There are other reserves with surplus as well. Last year's numbers for fiscal year 2008-2009 are not fmal. State reporting requirements allow W1ti1 spring, 2010. He thanked Ms. Crystal Kinzel, Clerk's Finance Director and Mr_ Derek Johnssen, Clerk's General AccolDlt Manager for their assistance. ADMINISTRATOR'S REPORT: MONTHLY FINANCIAL REPORT Mr. Dorrill presented the Clerk Finance Department's newly formatted monthly [maneial statement. He said it is partially complete because it reflects actual revenues and expenses. The next version will include the adopted budget with a 8244 Pelican Bay Service. Division Advisory Board Regular Session Summary Minutes November 4, 2009 variance column so the Board can see its peTformance. This report will be generated for all funds montWy, from a profit and 16J I *1'J loss perspective. It is Mr. Donill's goal to have a report with all funds available to the Board, the Friday before a scheduled Board meeting. CHAIRWOMAN'S REPORT STRATEGIC PLANNING UPDATE Chairwoman Womble thanked those present at the meeting from the Strategic Planning Committee, Ronnie Bellone and Bob Uek, and Steve Sammons, Sf. Associate and Landscape Architect, Wilson Miller, and Sabrina McCabe, Land PImmer, Wilson Miller. for their tremendous effort on the Community Improvements Planning study. She aIUlounced several future joint workshops and meeting. November 10,2009 Pelican Bay Services Division (PBSD) and Pelican Bay Foundation Strategic Planning Committee (SPC) Phase I "Kickoff," joint workshop, 12:30 PM - 2:30 PM; November 17,2009 & November 30, 2009 PBSD and SPC joint workshops, 2 PM - 4 PM; and November 19, 2009 town hall style commnnity educational meetings, 2 PM - 4 PM and 7 PM - 9 PM. In regards to the Community Improvements Planning study, she reported SPC members would do their best to be mindful to communicate lWIicollaborate effectively with the Services Division Board members. The entities have a common interest, both as residents and as Committee or Board members to help achieve what is best for the Pelican Bay community. Commwticatioa with the community is a high priority also. Mr. Iaiuo thanked the Foundation for publicizing their Strategic Plan agenda in the November issue of the Pelican Bay Post, and suggested that an update and upcoming conununity meeting sehedu1e published in each issue. He stressed the importance of community involvement and feedback. Mr. Sammons confmned the Board has the most recent Pelican Bay Community Improvements Planning stndy Phases I-III Proposed Schedule 2009-2010 because it includes the meetilJl'!, times. Mr. Moffatt asked for a copy of the inler-Iocal agreement. Chairwoman W ornhle asked Ms. Resnick to provide to the Board. Ms. Resnick acknowledged and said she will provide copies for the Board. Mr. Dorrill asked Mr. Sammons if be would explain what the Board and audience can expect at next week's November 10 joint workshop. Mr. Sammons said based on information obtained from individual interviews with Board, Committee and staff members, and other base data, Wilson Miller will "kick..,ff" the Community Improvement Planning study presenting an overview of conceptual infonnation to demonstrate where they began and where they are heading. 8245 Pelican Bay Services Division Advisory Board Regular Session SUIDIIDry Minutes November 4, 2009 161 'I. ' ~ ~(~ CAPITAL PROJECTS LAKE BANK ENHANCEMENTS Mr. Lukasz said work is underway on the Oakmont Lake should be complete next week CROSSWALK AND INTERSECTIONS THERMOPLASTIC RESTRlPING UPDATE Mr. Lukasz said contractors have completed most of the thennopDastic fe-striping,. however they missed the area on Hanunock Oak to restripe the Wn,'Ctional lane markings at the intersection. He has notified the Transportation department they are going to try to get the contractor to come back relatively soon. Mr. Gibson said the modification of the North Tram parking lot is great, but he may want to place a "right turn only" sign attbe exit, so that people are not confused and turn left resulting in an accident. Mr. Lukasz said he would look into the modification. AUDIENCE COMMENTS Ms. Cathy Stenza, Pelican Bay resident of Pebble Creek said sbe was bere with her husband and several neighbors. Regarding the North Tram station crosswalk, they are concerned because cars do not stop at the crosswalk. There have been many near misses and they requested a warning devi.ce, similar to the one at Myra Janco Daniels Boulevard with lights because the stop for pedestrians sign at the crosswalk is not working. She said when she tried to get a car to stop~ '<the driver flipped me the bird. " Dr. Henry <<Hank" Di Vincent, also a resident of Pelican Bay's Pebble Creek said the difficulties that exist are from the south side there is a straightaway and from IDS observations, cars rarely go the 30 MPH speed limit From the north east side it is a curve and one's eye catches the North Tram station, not the signage at the crosswalk. He said he is a retired orthopedic surgeon and he has seen serious accidents and injuries. The time to act is now because when an emergency happens it is too late. He has seen many near misses. If someone is seriously iIUured or killed there. there will be a lawsuit against Pelican Bay and every property owner- from A-Z. He said when be bas tried to stop cars people have given him the tinger. as well Chairwoman Womble said thank you and acknowledged Mr. Sammons taking notes, so Wilson Miller can address this safety issue in the Commnnity Planning and traffic cahning study. Mr. Moffatt said the Board tabled a motion to address and wait Wltil the results of the commnnity planning study are in. He recalled installation of piano keys was the solution and asked Mr. Lukasz for a status update. Mr. Lukasz said contractors followed the original design, restriping only, not installing piano keys. Mr. Moffatt asked if the Board could ask Carmine to patrol the area and give it some extra attention. 8246 161 1 .k!, Pelican Bay Servk'e' Division Advisory Board Regular Session SUlDJDary Minutes November 4, 2009 Dr. Raia asked Mr. Lukssz what was the cost of the crosswalk at Myra Janco Daniels. Mr. Lukssz said approximately $40,000. Mr. Cravens said the North Tmm station crosswalk is one of the IIVJ.& heavily used in the oommunity. Ideas exchanged amongst Board members concluded the North TIram station crosswalk gets more use than the Myra Janco Daniels crosswalk. The Myra Janco Daniels crosswalk was designed lor nighttime use. Mr. Joe Stenza said be has seen Cannine stop driVCTS at tlUs crosswalk and issue tickets. Mr. Steve Seidel resident of Pelican Bay's San Marino said he discuss<.-d this safety issue last year with this Board. The only solution is a stop sign or traffic signal Another consideration is most offenders are not residents of Pelican Bay. Dr. Raia asked what is required to install a stop sign at the crosswalk. Chairwoman Womble said the lasttirne they looked into installimg a stop sign at the crosswalk, the Department of Transportation denied it as not warnmted. but they can try again. Mr. Lukasz said he could check again with 'the Department of Transportation. Mr. Seidel asked if they could install flashers belore the crosswalk. on each side. Mr. Cravens said the solution is to install a crosswalk like the one at Myra Janco Daniels Boulevard. Chairwoman Womble snggested they wait for suggestions from Wilson Miller. Mr. Derrill said Mr. Moffatt acknowledged the Board tabled this item to wait for the results of the community planning study. He added that mayhe the Board could ask Wilson Miller to expedite a review oftbis crosswalk and offer preliminary and interim solutions at the next meeting on December 2. He added the Boord should keep in mind that modifications must meet unifonn traffic standards and associated liability ussues. Mr. Sammons said he would brief Jeff Perry of Wilson Miller about the crosswalk at the North Tram station. Mr. Perry is prescnting the transportation scgment on November 10. Mr. Sammons could not gnaranlee a solution, but at the very least, an acknowledgement. Chairwoman Womble asked if a temporary solution to slow cars could be determined. Mr. Sammons said a temporary solution is more probable. Mr. Dorrill said staff would contact Carmine aoout patrolling the crosswalk. Chairwoman Womble said there are no scheduled Safety Committee meetings currently, but in the future, perhaps the committee could work with Wilson Miller to come up with 8 solution for areas of concern. She explained to the audience and addressed the residents from Pebble Creek. She thanked the residents aOO acknowledged the problem at the North Tram station crosswalk and she said the Services Division would try to fmd a timely solution. 8247 Pelican Bay Services Division Advisory Board Regnlar Session Summary Minntes November 4, 2009 16 f I' -It/3 Mrs. Cravens said Mr. Cravens created a website called h'y:p://c1ambaV.llel. Chairwoman Womble said thank you to Ms. Resnick and Mr. Cravens for their work on the new website at http://pelicallbavservicesdivisioll.llet. She said it is looking more attractive and mOre information is forthcoming. COMMITTEE REPORTS AND/OR REOUESTS Mr. Cravens acknowledged there is a vacancy on the Safety Committee now that Mr. Gravenhorst resigned. Chairwoman Womble asked for volunteers. Mr. Gibson volunteered. Chairwoman Womble assigned Mr. Gibson to the Safety Committee. OLD BUSINESS None NEW BUSINESS None MISCELLANEOUS CORRESPONDENCE ONGOING PROJECTS STATUS SHEET Mr. Dorrill said the project status sheet updates monthly. The last item on the list is was the Board's direction to the Administrator to request to audit capital funds statements, which is complete. There are several items to add as directed by the Board at this meeting. New items to include are the Board request to contact Carmine for traffic patrol at the North Tram Station crosswalk; Board request that Mr. Lukasz inquire with the Transportation Department about installing a stop sign or other traffic control device at the North Tram station crosswalk. The Board also requested that Mr. Lnkasz get with Wilson Miller for an expeditious and temporary solution to slow down traffic at the North Tram Station crosswalk. The next regular Services Division Board meeting is December 2, 2009 at I p.m. in this room. ADJOURNMENT A motion and second was made to adjourn and the Board voted unanimously to adjourn. A modo" and "ecolUl was 1IUU/e to /IIljoII", alUl the Board voted ll1IanimollSly to adjourn. Minutes by Usa Resnick 11/23/2009 10:41:17 AM 8248 nef 1'-'~ . ,;::;'..VI=O " .' ...... 1-' I 1 2009 16' 1 .t(\? , ; ./ Fiala Halas Henning Coyle -r '" i r A' SUMMARY MINUTES Coletta ~. , PELICAN BAY SERVICES DIVISION ADVISORY BOARD AND PELICAN BAY FOUNDATION STRATEGIC PLANNING COMMITTEE JOINT WORKSHOP TUESDAY, NOVEMBER 10, 2009 r-,.'- ,', ~ :~ ~ i" ,"".) ,_I l;Oll:1N COll\lfl\SSloneni LET IT BE REMEMBERED that the Pelicao Bay Services Divisioo Advisory Board and the Pelican Bay Foundation Strategic PIanoing Committee conducted a Joint Public Workshop, Tuesday, November 10, 2009, 12:30 PM at the Community Center at Pelican Bay, 8960 Hammock Oak Drive, Naples, with the following members prescnt: Pelican Bay Services Division Advisory Board Members Mary Anne Womble, Chairwoman Theodore Raia Keith Dallas, Vice Chairman Tom Cravens (excused abscnce) John Iaizzo Geoffiey Gibson (excused abscnce) Michael Levy Hunter Hanscn (unexcused abscnce) Gerald Moffatt Jill Kobe (unexcused absence) Pelican Bay Foundation Strategie Planning Committee Members Bob Uek, Chairman Rose Mary Everett Ronnie Bellone, Co-Vice Chairwoman Noreen Murray Merlin Lickhalter, Co-Vice Chairman Ralph Ohlers Carson Beadle Mary Arme Womble Pelican Bay Serviees Division Staff Neil Dorrill, Administrator Kyle Lukasz, Field Operations Manager Mary McCaughtry, Recording Secretary Lisa Resnick., Administrative Assistant Pelican Bay Foundation Staff Jim Hoppensteadt, President Suzanne Minadeo, Executive Assistant Presentation By Kevin Mangan, Principal and Landscape Architect, Wilson Miller Steve Sammons, Sr. Associate and Landscape Architect, Wilson Miller Jeff Peny, Sr. Project Manager, Transportation Planning, Wilson Miller AGENDA 1. RollCall 2. Pelican Bay Community Improvements Planning Study Phase I "Kickoff' Presentation by Wilson Miller 3. Audience Comments 4. Adjourn ROLL CALL The joint workshop was called to order by Madam Chair Womble and roll call taken. All Pelican Bay Services Division Beard members were prescnt with the exception of Tom Cravens (excused,) Geoffrey Gibson (excuscd,) Hunter Hansen (unexcused,) and Jill Kobe (unexcused.) PELICAN BAY COMMUNITY IMPROVEMENTS PLANNING STUDY PHASE I ~KICKOFF" PRESENTATION BY WILSON MILLER Kevin Mangan, Principal and Landscape Architect, Wilson Miller prescnted an overview of the community improvement planning study he and his colleagues from Wilson Miller are conducting in Pelican Bay. Pelican Bay is a mature, 30 year old community. Wilson Miller has been charged to make recommendations for comnwnitv improvements MISC. (;()freS. that address a variety of issues, including safety, security. energy efficiency, and maintenance, and do so by making fiscally Date:________ 1 Item #___.__________ -, -.-'0". t.- 161 1 .fd? Pelican Bay Services Division Board & Pelican Bay Foundation Strategic Planning Committee Joint Workshop Tuesdav: November 10. 2009 responsible choices. The framework for ideas is the Foundation's Strategic Planning Study and Strategic Planning Committee, the Pelican Bay Services Division Board, staff, and commercial interests within Pelican Bay. Solutions are intended to enhance and improve already existing quality, value, and environmental resources with the least amount of disruption to both residential and commercial areas. Alterations made should be subtle and an effort focused on doing things "smarter" by uncovering what is already there, recycling it, to produce a cost benefit ratio of return. It is critical to maintain community value. The biggest challenge will be communication and a primary effort will be made to communicate with residents every step of the way by educating, obtaining input, and consensus, beth verbally and written. The consensus will evolve into a prioritized community plan. Funding for the study is shared between the Services Division and the Foundation. Generally, the Services Division is responsible for the public or County-owned land and Foundation for private Foundation owned lands. Funding is shared based upon ownership and interest. The community improvements planning study is just that, a study. The outcome will make recommendations only. Implementation is not a part of the study. Mr. Mangan established the project's objectives with assistance from the Board and Committee members. Ms. Ronnie Bellone suggested Mr. Mangan use the words "integrated plan," "oneness," or similar term when describing concept. She said she read it in prior slides but did not see on today's prescntation. Mr. Mangan said he wished she had made that comment at the end because the second half of the prescntation would address conceptual integrated solutions. Mf. Carson Beadle said a significant number of issues are being looked at simultaneously. It is important to explain what planning is, what implementation is, what is normal sustainable issues that need to be addressed, what is new or improved, as a result of this study, what is going to become part of the normal routine that is going to be better. Information should be communicated in a simple manner that creates not only awareness, but creates a feeling of pride that this community stays ahead of issues and does not wait for them to happen. They should be able to see it because of the steps involved in the planning: what is a plan, how does it relate to how we do things. how does it relate to how we are planning to do things in the future. Mf. Mangan started with how Wilson Miller plans to communicate with the community. He believes communication with the community is a paramount issue and a challenge because there are so many ideas currently that need to be organized. One element to address is safety. For example, the community is 25+/- years old and pathway construction. their slopes, and widths throughout the community are legally non-conforming. Wilson Miller's goal is to come up with a plan to make the pathways conform to current standards. Ideas and concepts to make them conform are vague right now, but 2 161 1 l\(~ Pelican Bay Services Division Board & Pelican Bay Foundation Strategic Planning Committee Joint Workshop Tuesdav: November to. 2009 as they communicate those ideas and as input from the Board and Committee, and community is received, a more simple explanation will develop. Mr. Merlin Lickhalter noted it the Naples Daily news reported that a safety group determined that Florida has the worst pedestrian safety record in the United States. Bullet number 2 under project objectives there is the issue offiscal responsibility. It is tied to improvements and one may think this is tied to capital improvements and expenditure of money for physical things. Most people associate cost-benefit with first costs and as part of this process, life cycle costs need addressing in a way that people can understand. Mr. Mangan agreed and said both tirst costs and life cycle costs would go to maintenance costs. As an example, he used street lighting and bulb replacement as a Iifecycle cost. Mr. laizzo asked Mr. Mangan how do they get their ideas to the community and then receive community feedback. Mr. Mangan said they would communicate by holding community town hall meetings and joint meetings such this meeting. These meetings are built-in to the schedule and updates given at each subsequent meeting. They did hold interviews with Board and Committee members, and received staff feedback. He made note that the strategic master planning survey sent to the community is statistically sound and communication has been consistent. Consistent communication is a major part of their responsibility. Mr. Bob Uek said Mr. Mangan should communicate and define clearly the deliverables. The community is very mobile and to communicate with everyone will be a large effort. When Wilson Miller walks away, what is left here in the community should be communicated so that the average person can understand. Mr. Jim Hoppensteadt said Wilson Miller does safety and security in the Phase I project objectives and safety and security should be an overriding consideration and should prohably be included at this point as well. Dr. Ted Raia said there is a need for an exchange of communication. When they notifY residents, it cannot be assumed they received the information and they accept and support it. There should be a way to measure acceptance. There are not many people present at today's meeting, so a public meeting may not be sufficient. Mr. Mangan agreed. There will be an overlapping of communications uscd. They will usc the Foundation access channel, Pelican Bay Post, electronic surveys, email. Beyond meetings, face-ta-face conversations are encouraged. Consistent communication is a major part of their responsibility. Mf. Neil Dorrill said regarding the fourth objective of delivering sustainable expectations, from his experience, there are only two places on the west coast of Florida that have effectively combined residential living with high-end retail and dining amenities and they are the Hyde Park section of Tampa and St. Armand's Circle in Sarasota. Pelican Bay has more to 3 161 1 t\\? Pelican Bay Services Division Board & Pelican Bay Foundation Strategic Planning Committee Joint Workshop Tuesdav: November 10. 2009 offer than high-end retail and dining that includes being a resort destination with public safety facilities, i.e., fire, EMS, and Sheriff and the Philharmonic. He said the focus seems to be on residential homeowners and prospective homebuyers, but effort should also include the commercial areas. He compared Pelican Bay to Winter Park outside of Orlando. Mr. Mangan said Winter Park is the most similar and competitive to Pelican Bay in terms of residential and commercial real estate. Out of the interviews with Board, Committee and staff members, Foundation food and beverage, management staff actually brought forth the idea that Pelican Bay is a destination resort. Great ideas can come from anywhere. The project objectives established by conscnsus at the meeting were integrated plan (oneness of design); define community communication challenges; address lifecycle costs; schedule and clarity of deliverables; safety and security priority; bilateral communications and communicate often; commercial and retail considerations; community interrelationship considerations; and County relationship. Mr. Bill Klauber said this is an exciting and timely project. He said be did not hear anything about the impact the project will have on neighboring communities and the County. Pelican Bay has a reputation of being "insolent." Mr. Mangan said Pelican Bay is largely a destination resort becausc of what Pelican Bay has to offer to others outwardly that they can take advantage. Pelican Bay is not insular. It is a leader inside the greater community. Communities now are striving to be like Pelican Bay. Wilson Miller understands the need for wide-ranging thoughts. Madam Chair Womble addressed Mr. Klauber's comment about the relationship with the County. She understands the issues with the County in regards to the conservation areas of Pelican Bay, but in this particular instance, the County has given its "blessing" by approving an inter-local agreement with the Foundation, which joins Services Division and Foundation funds to and working together as a group, rather than duplicating services and contradicting projects. Mr. Jim Hogan, resident of Pelican Bay referred to Mr. Klauber's comment about neighboring communities and agreed everyone can benefit by working together. A resident of Pelican Bay said not everyone in Pelican Bay is "high end" and suggested be mindful of that. Suggested that email communications explain one or two major points, make sure the community understands it, let them ask questions and give feedback. Mr. Mangan said the process is critical. Communication will work best if done by topic on point, response to a subject matter specifically about one element. The plan is too large to address in one or two emails or communications. Wilson Miller respects there is a vast array of incomes in Pelican Bay and fiscal responsibility is a part of their charge. The ultimate plan cannot be a burden to anyone. 4 P~Ii':'n Bay Services Division Board & Pelican Bay Foundation Strategic Planning Committee !n~JkshoP l-frl '3 Tuesdav. November 10. 2009 Mr. Beadle asked if Wilson Miller has detennined elements that are a part of everyday maintenance that because of this planning study, Pelican Bay is likely to do better and more cost effectively. Mr. Mangan said yes. They have been observing the community and a small project such as trimming trees, can go on a "to do" list and be implemented immediately. Other elements, such as what to do with pathways, this study, for example, would make a recommendation to widen the pathways and provide best practices to use to implement that recommendation. He introduced Wilson Miller's transportation project manager, Jeff Perry. Mf. Jeff Perry explained that in Phase I, his job is to identifY transportation related issues to consider. They are using a "reconnaissance, research and review" approach. They are continuing to collect infonnation by observation and from public comments. They are working with County staff, EMS and others on traffic calming studies. There are two areas he is concerned: what is in the travel right of way and what is not. They must understand framework, infrastructure, condition, regulatory restrictions, whether the land is private or public, American with Disabilities Act (ADA) and others, as well as identifY elements that utilize these areas. There are transportation-related safety issues, alternative transportation modes, such as connectivity to commercial and residential areas, to address. Mr. Steve Sammons explained his job to identifY issues with landscape and plant material growth. Overgrowth has created problems with lighting and pathways, updating general plant material in the common areas, and higher maintenance issues. They have been observing and doing an inventory of common area plant material and their condition. They are reviewing maintenance profiles with Mf. Lukasz, specifically how much time is spent mowing, trimming, fertilization, and pesticide practices. They will review irrigation practices and equipment. They will look at safety issues, i.e., overgrowth and visibility in medians; efficiency and cost-benefit factors, i.e., replace sod with plant material requiring less water and irrigation; and apply consistency and best management practices when possible. Mr. Mangan said safety, security, and ADA compliance issues cover more than one issue or element, i.e., recommendations for solutions to dark areas along the roads and the U.S. 41 benn may be lighting, walls, or security cameras. There is a conflicted use pattern currently in the community and they will look at all primary and secondary possibilities for improvements. Mr. Lickhalter said security issues go farther than transportation issues and said several years ago, the community attempted to get some infonnation about crime and the Sheritrs office did not provide useful infonnation. Some elements may be outside of the scope of the project, but not be forgotten. Establish some ground rules as to how Foundation staff makes aesthetic changes to the community. Mr. Mangan agreed and said those decisions do become the standard for the community. 5 161 1~1? PelJ.can Bay Services Division Board & Pelican Bay Foundation Strategic Planning Committee Joint Workshop Tuesdav. November 10. 2009 Ms. Noreen Murray said as this information is distributed, some community misconceptions might develop. Inform the community that before implementation of any project, it will be discussed and then approved by the entity or property owner responsible, the Foundation, Services Division or jointly. Mr. Mangan said project objectives, cost expectations, period for implementation would come to a consensus before any money is spent. Mr. Jerry Moffatt asked what the official name of the project is because it seems to be associated with landscaping. Mr. Mangan said the project is a community improvement master plan and Wilson Miller will convey that clearly to the community. Mr. Levy said this should be a "proposed" community improvement master plan. Mr. Mangan said he agrees, but for project purposcs, this is a community improvement plan. Their task is to develop a plan and they do not want to give the impression that input can wait. Mr. Moffatt said regarding replacing sod with other plant material, there are 3,000 dogs in the community and they could be creating a smelly problem. Mr. Mangan said there are many ways to address problems and they do have to be careful not to create others, but sometimes, one solution can be effective for more than one issue. Ms. Rose Mary Everett asked about noise abatement was not mentioned and suggested it be addressed specifically. Mr. Mangan said although not discussed today, noise abatement is one issue on the list. Mr. Moffatt suggested meetings be publicly noticed using the language, "two or more members of the Services Division may attend" the meeting. Mr. Mangan said they would notice the public meetings properly and the meeting adjourned. Minutes by Usa Resnick 11/25/2009 11:10:58 AM 6 I Icua ...........~ ---. ,...t---- '.1j.j , .. ,; Halas 7~ j/f!'l.-'/ Henning T \:j . Coyle JC/'riZ Goletta _ __._ , , 161 1 j January 26,2009;-' l=r:':EIVEC JAN 0 4 2010 ',.j") ')1 COUl1iV Cfm,rnission MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, January 26, 2009 LET IT BE REMEMBERED, that Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the following members present: Chairman: Commissioner Donna Fiala Vice Chairman: Murray H. Hendel Susan Becker (Excused) Clark Hill Rick Medwedeff Robert Miller (Excused) Ed (Ski) Olesky John Sorey III Rob Popoff (Excused) ALSO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney MISC. Carres: Kelly Green, Administrative Assistant Date 0 1 G I 0 ltem#lfLUl ~ I .', ">7" H _____.~_._.____~__,~"_._ _"^""'~' ""_'___'~""_'.~'_'_'__"~''''',>,_,~_,_ .~_.....""',_~ ,_. ____=^__.__'-""'~..'"._~_."._.~...,_..,.__..._ ,_,._~~~"_.., 16; 1 ftl+ January 26, 2009 I. Call to Order - Chairman Fiala Chairman Fiala called the meeting to order at 9:00 a.m. II. Pledge of Allegiance Pledge of Allegiance was recited. III. Roll Call A quorum was eSlablished. Commissioner Fiala was welcomed as the new Chairman of the Council for 2009. IV. Changes and Approval of Agenda Mr. Sorey moved to approve the agenda subject to the following additions. Item VIA - Election of Vice Chairman for 2009. Second by Mr. Hendel. Carried unanimously 5-0. Jack Wert, Tourism Director noted the following additions to the meeting packet: . A copy of New Publications from the past year. . Spread Sheet entilled "Naples, Marco Island and the Everglades 09 Winter Media Campaign" for Item Vl.l V. Approval ofTDC Minutes 1. Regular Meeting November 24, 2008 Mr. Hendel moved to approve the minutes of the November 24,2008 meeting. Second by Mr. Sorey. Carried unanimously 5-0. VI. New Business Mr. Olesky arrived at 9:09a.m. 1. Fy 09 Tourism Marketing Budget Reallocation Jack Wert provided the Executive Summary "Recommendation that the Tourist Development Council approve the redirection ola portion ofFY09 Budgeted tourist tax funds from oif-season to in-season advertising and promotion up to 5200,000" dated January 26, 2009 and Spreadsheet cntilled "Naples, Marco Island and the Everglades 09 Winter Media Campaign" and noted the following: . The downturns in Ihe economy have negatively affected the real estate, construction and Tourist Industry. . Group meetings events are reducing and/or planners are re- negotiating contracts. . After receiving input trom industry representatives, Tourist Tax Revenue projections have been revised downward approximately 3 percent for FY 09. . The summer of 2008, Statl' utilized emergency funds to target International markels. The funds resulted in a 30 percent increase in European visitors over the previous year. 2 161 IAN: January 26, 2009 He proposed funds in the amount of approximately $200,000 targeted for spring and summer advertising and promotional campaigns be redirected to the winter campaign to capture the greatest amount of seasonal business possible. Fran Vaccaro of Paradise Advertising provided an overview of the proposed advertising campaign via a slide presentation noting the following: . TV ads as well as online advertising. · Will target the New York and Chicago markets . Will focus on the leisure market. · A new web page will be introduced, www.myparadisesavings.com for a promotion entitled "Paradise Priced Perfectly, Warm up with Hot Hotel Deals" which will be linked to lodging offers from participating vendors. Mr. Medwedeff voiced a concern that the revenue may be affected by at least a 10 percent decline and requested clarification on the status of the emergency funds. Jack Wert noted the following: · $200,000 of emergency funds remain for FY 09 which will be utilized in the proposed campaign, as well as $200,000 diverted from the spring . summer campargn Mr. Medwedeff noted it is a positive approach and also recommended expanding the target market from New York and Chicago to include New Jersey, Pennsylvania, Ohio, etc. Staff will provide a plan at the next meeting if the annual revenue projections decline from 3 percent to the 5 - 10 percent range. Mr. Hendel moved to recommend the Board of County Commissioners approve the expenditure (outlined in the Executive Summary "Recommendation that the Tourist Development Council approve the redirection of a portion of FY09 Budgeted tourist taxfundsfrom o.ff-season to in-season advertising and promotion up to $200,000'~. Second by Mr. Sorey. Motion carried unanimously 6-0. Discussion ensued regarding the feasibility of expanding the marketing campaign and if funds are available. Jack Wert expressed concern over the strategy, as emergency funds may need to be utilized if Tourist Tax Collections decrease by ] 0 percent or more. There is currently $700,000 of emergency funds that has not been committed to expenditures. Mr. Medwedeff moved to recommend Staff seek an additional $500,000 of the $700,000 in emergency funds to expand the existing campaign into the other 3 _.___, ..d~_"""~_'___"M __, .. -"._-- -."., .. '--->--.-;.,---_......_-..~'""""^"~._....___._"a_ ._.____..._._~___. w...._..____.._,....____.___..........._ . 161 1 ~\L\ ] anuary 26, 2009 ! markets discussed (New Jersey, Pennsylvania, Ohio, Florida etc.) Second by Mr. Hill. Mr. Hendel noted he could not support the motion and recommended analyzing how the approved campaign progresses, and re-evaluate the market at the next meeting. Staff should propose a detailed campaign on how and when additional funds would be expended. Mr. Wert will need to review the budget and possible affects on the Committee's recommendation. The additional expenditure proposed would need Board of County Commissioners approval and could not be implemented untillhe end of February. Discussion ensued if Staff should prepare a campaign to be implemented at a future date if necessary. Mr. Medwedeff amended the motion to authorize Staff and Paradise Advertising to develop an additional marketing campaign (for the New Jersey, Pennsylvania, Ohio, Florida, etc.) and identify thefunds neededfor this effort and present the Plan back to the Tourist Development Council Committee. In addition, Staff is to work with the County Manager and acquire a placeholder on the applicable Board of County Commissioners meeting agendafor review of the campaign. Second by Mr. Hill. It was recommended not to alter the lnternalional Campaign. fuleakers Steve Mcintire, of the Hotel Assoc. staled the Association supports proposal of re-allocating funds. He recommends the TDC review the expenditures of Beach Re-nourishment as the revenues are generated by the Hotel Industry. Joyce McFarland, President, Marco Island Chamber of Commerce, stated they support the re-allocation of funds for the campaign, as indications are the 151 quarter of the calendar year will continue to experience an economic downturn. Other markets are actively pursuing business to capture their share oflhe market. Keith Dameron, Marco Island Chamber of Commerce Member addressed the Council and noted many of the businesses are small businesses and are being adversely affected by the downturn. It is unprecedented that businesses are struggling to survive the "season." He expressed concern that the slow down in tourism is prohibiling the turnaround in the real estate market as well. Motion carried unanimously 6-0. Jack Wert noted the CVB annual budgets propose to expend 95% of the Tourist Tax Revenue projections (which automatically incorporates a possible decrease in revenues of 5%). 4 ,. - 2. CVB/Chamber of Commerce Relationship Discussion Jack Wert provided the Executive Swnmary "Review Chamber of Commerce Relationship with Naples, Marco Island, Everglades CVB" dated January 26, 2009. He noted the Convention and Visitors Bureau (CVB) partners with the area Chambers by providing information racks at the area of the Visitor Centers as well as incorporates the various Chamber information into CVB Visitor's Guide. They work with the Chambers on the Values in the Paradise (VIP) Program. Other Counties in the region work in a very similar manner, however Lee County does have a grant program for area Chambers' members related to Tourism Marketing. Mr. Hendel recommended one entity within the County handle "destination information" and recommended a Task Force be convened to analyze the different entities funclions and delermine if a more streamlined process is possible. Jack Wert noted the entities do provide separate missions. The CVB mission is to promote the destination outside of Collier County. The mission of the Chambers of Commerce is to assist visitors who have already reached the destination. He acknowledged improvements of slatistical data collections are an avenue that may want to be pursued. The Council recognized the exceptional value and support network the Chambers provide. It was recommended Staff contact the Chambers for input on facilities funding and maintenance issues. In addition, contact Walter Klages of Research Data Services, Inc. on avenues for enhancing the gathering of statistics. 3. Beach Projects Budget Analysis Gary McAlpin, Director of Coastal Zone Management provided the Executive Swnmary "Fund 195 Budget Analysis" dated January 26,2009. He provided an overview of budget changes due to the revised projections in Tourist Tax Revenue for FY 09. He noted the Fund 195 portion of the budget plans a reduction in the amount of $317,000 to combat the reduced revenue projections. The reductions will be accomplished by postponing engineering on certain Planned Projects such as long term solution to the stabilization of Wiggins Pass, reduce the scope of the Marco Island and Tigertail Beach studies, etc. The data will be re-evaluated at the end of the 15( quarter (calendar year) to determine if any further adjustments are necessary. Discussion ensued on the status of the Sludy for the long-term stabilization of Wiggins Pass noting a Master plan has been posted on the Coastal Advisory Committee web site for tinal comments. The proposed reductions should not have a major overall impact on the timing of the project. 5 - --"'-""~._., .___.._m_ __.m.'_. "_..____'._,..~.~.. w ""'__'~.....___.,._,,~ , e-',_"_' _..._'__,_...~,___~_<. .., - , , , 16 I 1 k\ ~ January 26, 2009 4. Election of Vice Chairman for 2009 Mr. Sorey moved to nominate Mr. Hendel as Vice Chairman of the Tourist Development Council of2009. Second by Mr. Medwedejf. Carried unanimously 6-0. Break--lO:30AM Re-convene -lO:38AM VII. Old Business None VII. Staff Report Presentations 1. Section I a. Paradise Advertising Fran Vaccaro of Paradise Marketing provided a PowerPoint presentation outlining a monthly review of advertising and marketing efforts b. Klages Research Report Jack Wert noted the Report was previously provided at the Board of County Commissioners/Tourist Development Council Workshop on January 20, 2009. 2. Section II Discussion followed on the format ofthe Tourist Development Council Regular Meeting and Annual Board of County Commissioners/Tourist Development Council Workshop. Jack Wert noted in the future, the Reports listed in Section II will be submitted to the Council, and questions will be answered if necessary. The process of individual Staff members providing a full report of the data will be discontinued unless requested by the Council. Discussion took place regarding avenues to streamline the regular meeting so Staff may spend more time on completing their daily functions of promoting the region. The format and/or necessity of an Annual Workshop with the Board of County Commissioners was discussed. it was determined Council members should individually contact Stall and generate ideas regarding the concepts. The following reports were submitted for review. a. Director's Report - Jack Wcrt b. Search Engine Report - Jack Wert c. Web site Activity Report - Jack Wert d. Smith Travel Report - Jack Wcrt 6 , 161 1 ~ January 26, 2009 e. Sales Manager Report - Debi Debenedetto f. P.R. Manager Report - Jonell Modys g. Film Coordinator Report - Maggie McCarty h. Sports Marketing Report - Ralph Pryor i. Phase V - Fulfillment & Call Summary - Ginny Demas IX. Detailed Staff Reports See attached reports submitted by Staff X. Announcements None XI. Audience Input & Discussion None XII. Council Discussion None XIII. Next Meeting Date/Location The next meeting is scheduled for February 23, 2009 - Collier County Government Center, Administration Building F, 3rd floor, Naples FL ***** There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10:55 A.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Commiss ner Donna Fiala, Chairman - ~ These minutes approved by the Board/Committee on as presented or as amended . 7 -~...._--- ----- ... ... - _.' .......,--_. " ...,~ ~-_.._-~-------,."~.._.,.,~- ~ . -. . Feb!ar~23', 20091 ~\~ V RECEIVED JAN 0 4 2010 ,mg. . coyle -tel cp : colett.a ---=r. MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, February 23,2009 LET IT BE REMEMBERED, that Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following members present: Chairman: Commissioner Donna Fiala Vice Chairman: Murray H. Hendel Susan Becker Clark Hill Rick Medwedeff Robert Miller Ed (Ski) Olesky John Sorey, III Rob Popoff ALSO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Misc. Corres: Kelly Green, Administrative Assistant Date: I;()~rd of (;ountv CommiSSIoner ltem#: I C00ies to ,-..- _._---......,.. ".. , ..,__ .h,""__'_~____,o"""""", .,=_."___.__,~""_."."........' _... ";''''~''''''' 1"'1'~" Fe1iru~ 2~, 200~ kIt I. Call to Order - Chairman Fiala Chairman Fiala called the meeting to order 9:00 a.m, II. Pledge of Allegiance Pledge of Allegiance was recited, III. Roll Call A quorum was established, IV. Changes and Approval of Agenda Mr. Sorey moved to approve the agenda subject to the following change: Item VILllo be heard as item VI. I ,b Second by Mr. Hendel. Carried unanimously 9-0. V. Approval ofTDC Minutes 1. Regular Meeting of January 26, 2009 Mr. Popoff moved to approve the minutes of the January 26,2009 meeting. Second by Mr. Hendel. Carried unanimously 9-0. VI. New Business 1. Florida Sunshine Law Review Colleen Greene, Assistant County Attorney provided a document entitled "Florida Sunshine Law Requirements" as a reminder to Council members they are subject to the Sunshine Law. It was noted ML Medwedeff and ML Hill are members of the Collier County Hotel and Lodging Association, Colleen Greene requested they provide her with information regarding the organization including meetingformats so a determination can be made on how to handle the issue to avoid a Sunshine Law Violation. I.b FY 09 Tourist Tax Revenue Projection Update Jack Wert presented the Executive Summary "FY 09 Tax Revenue Projections Review" dated February 23, 2009 noting the following: . Staff now projects a 10% reduction in Tourist Tax Revenues for FY 09 (as opposed to a 3% reduction previously estimated, . The Executive Summary proposed new budget allocations for TDC Funds (Fund 183 & 195, ] 84, 193. etc,) . The Department has also reduced Administrative Expenditures, He noted Tourist Development Council consensus would be appropriate to ensure Staff is moving in the right direction in proposing the budget reductions. Discussion ensued on whether marketing efforts should be part of the budget reductions, . . .,.",." ,,-, '.' 2 "-._-_...~,_.- 16J Mr. Sorey requested the Council hear the remaining Items VI.2 and VI.3 before reaching consensus on Ihe issue 2. FY 09 Tourism Media Plan Redirection (QI-Q2) Jack Wert presented the Executive Summary "First and Second Quarter 2009 Medial Plan Redirection" dated February 23, 2009. Staff proposed to re-direct marketing funds traditionally utilized later in the season to the first week in March. Fran Vaccaro of Paradise Advertising provided a slide show entitled "Monthly Review Tourist Development Council" dated February 23, 2009, which highlighted the recent and proposed marketing efforts including "Paradise Priced Perfectly. " It was noted Focus Groups are being convened to analyze steps the competition is undertaking in marketing. Mr. Sorey moved to approve the proposed shift infunds as presented (Staff recommendation in the Executive Summary "First and Second Quarter 2009 Medial Plan Redirection" dated February 23,2009 - "Staff requests the TDC recommend approval of the media plan outlined above totaling $373,600 and on the attached sprfadsheets to begin on March 2, 2009 resulting in a media plan totaling $1,405461 domestic and $269,704 International.)" Second by Mr. Olesky. Carried unanimously 9-0. 3. FY 09 July - September Incremental Media Proposal Jack Wert presented the Executive Summary "Incremental Media Proposal for FY 09" dated February 23,2009. Slaff proposed utilizing Emergency Funds for marketing from July through September. The request is to re-inslate funds Ihat would be re-directed to the Winter Campaign. By priority, Staff would first re-instate the "In-State" Campaign, then International Campaign, and finally the Northern Campaign (New York, Chicago, etc). It is predicated on Staff having the funds available at the time. Jack Wert stated he would provide monthly updates to the TDC on the status of the funds (Emergency Advertising and Promotional Fund) Mr. Medwedeff moved to approve the Staff recommendation in Executive Summary "Incremental Media Proposal for FY 09" dated February 23, 2009- "Staff requests the TDC recommend approval by the County Commission to use dollars from the Emergency Advertising Fund 196 up to $300,000 and projected reserves in the Promotional Fund 184 of up to $216,402for use in July- September 2009 advertising and marketing expenditures totaling $516,402. Second by Mr. Popo.ff. Carried unanimously 9-0. 4. Future TDC Meeting Agenda 3 .-.--.-...-..- .-.. ".-.--....-.. -"_._----_."""'...~~,.......... ..". -- ,.-.-..-.,., ,........ ------..-.-------.--..---....---....-- , 16 I' 1 kl~ February 23, 2009 Jack Wert presented the Executive Summary "Determine future TDC meeting agenda procedures and topics" dated February 23, 2009. Mr. Hendel moved to adopt the 8 considerations provided in the Executive Summary." Second by Mr. Sorey. It was noled that Staff Reports should be toward the beginning of the meeting so Staff could return to work promoting a more ef1icient use of their time. Mr. Hendel amended the motion to adopt the 8 considerations provided in the Executive Summary ("Determine future TDC meeting agenda procedures and topics'~ dated February 23,2009 with the condition the Staff Report(s) item outlined in consideration #3 be placed near the beginning of an Agenda. Second by Mr. Sorey. Carried unanimously 9-0. VII. Old Business 1. Chamber of Commerce Working Relationship Update Jack Wert presented the Executive Summary "Chamber o[Commerce Working Relationship Progress Report" dated February 23, 2009. He noted there would be ajoint meeting convened with the area Chambers of Commerce, Convention and Visitors Bureau (CVB) and Staff from Research Data, Inc. to strengthen the working relationship between the CVB and area Chambers of Commerce. Mr. Hendel recommended a Committee be appointed to review the Tourist Development Council Ordinance (TOC), and recommend changes as necessary. Specifically: . The amount of the Tourist Tax charged. . The possible re-allocation of expenditures. . Review of existing publications for possible consolidation. . The funding mechanisms and role of the Chamber of Commerce and Visitors Centers. . Improving of statistical compilation and related analysis. He noted: . The overall goal would be to maximize the positive Tourist impacts on Collier County. . The Committee would have a member from the TOC, CVB, Chambers of Commerce, Hotel and Lodging Industry. . The Committee would have 60 days to deliberate and submit a Report to the TOC. He moved that the TDC hold a Special Meeting to form the Committee with the goal of providing a mandate back to the TDC. Second by Mr. Popoff. Colleen Greene, Assistant County Attorney stated the TOC does not have the aUlhority to establish Committees. It could fornl a Subcommittee of existing TOC 4 j 16 1 1 M0\ February 23, 2009 members or Petition the Board of County Commissioners to appoint such a Committee. fuleaker Michelle Klinowski, Vice President Greater Naples Area Chamber of Commerce expressed support for the concept of establishing a Committee as discussed. Discussion ensued on the nature of the formation of the Committee and the necessity of a cross section of participants (as opposed to being comprised solely TDC members). In addition, a Workshop of the TDC is convened to focus on possible revisions to the TDC Ordinance. Mr. Hendel amended the motion to have the Tourist Development Council authorize him to provide a recommendation to the Board of County Commissioners regarding the concept of appointing a short term Task Force with a time certain expiration date to complete a Report to be submitted back to the TDC and the Board of County Commissioners with recommended modifications to the existing structure. Second by Mr. PopojJ. Carried unanimously 9-0. Jack Wert noted many ofthe decisions made by the CVB (advertising and marketing efforts, etc.) receive input from oulside sources (Chambers of Commerce, etc.) Chairman Fiala noted Mr. Sorey's concerns had been addressed regarding item l.b (and consensus had been reached on Staff's recommendation outlined in the Executive Summary) 3. Reschedule May TDC Meeting due to Memorial Day Holiday Jack Wert presented Ihe Executive Summary "Reschedule May 2009 Tourist Development Council ([DC) Meeting" daled February 23, 2009. Ms. Becker moved to hold the regular May meeting of the Tourist Development Council on Thursday, May 28, 2009 at 9:00 AM at the Holocaust Museum of Southwest Florida. Second by Mr. PopojJ. Carried unanimously 9-0. VII. Staff Report Presentations 1. Section I a. Paradise Advertising Previously discussed b. Klages Research Report 5 . 161 February 23, 2009 1.fr1 t Jack Wert, Tourist Director provided a PowerPoint presentation on the "January 2009 Visitor Profile." Discussion occurred regarding budget constraints within the County and the possible reduction in expenditures for highway median landscaping. It was noted the landscaping provides a unique aesthetic quality to the area and a posilive benefit to the Tourism industry. This is confirmed by research data provided by the Klages Report. Mr. Hill stated he would approach the Collier County Hotel and Lodging Industry for a letter on their position on the issue of reducing expenditures in the area of median landscaping. Staff was requested to place an item on the next agendafor consideration by the TDC for their position on the issue. 2. Section II Staff submitted the following reports for review by the Council (unless otherwise noted): a. Director's Report - Jack Wert b. Search Engine Report - Jack Wert c. Website Activity Report - Jack Wert d. Smith Travel Report - .Jack Wert e. Sales Manager Report - Debi Debenedetto f. P.R. Manager Report - Jonell Modys The Council noted FAM's (Familiarization Trips) are very important and Ihis effort should continue to be a priority in marketing efIorts. Jack Wert noted a review of this marketing effort would be provided at the next TDC meeting. g. Film Coordinator Report - Maggie McCarty Maggie McCarty noted this was the first time the Department participated in the Berlin Film Festival. The event provided exposure for the Collier County leisure market available to Europeans. h. Sports Marketing Report - Ralph Pryor i. Phase V - Fulfillment & Call Summary - Ginny Demas IX. Detailed Staff Reports See attached reports submitted by Staff. 6 X. Announcements 1. Councilman Sorey Service Award Ceremony The Council recognized Mr. Sorey's Service Award to be presented by the Board of County Commissioners. Ms. Becker requested Staff provide the slatus of the Quarterly Round Table XI. Audience Input & Discussion None XII. Council Discussion None XIII. Next Meeting Date/Location - March 23, 2009 - Collier County Government Center, Administration BLDG. F, 3rd Floor, 3301 East Tamiami Trail, Naples, Florida 34112 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11:12 A.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Commissi ner Donna Fiala, Chairman These minutes approved by the Board/Committee on as presented or as amended 7 -.-,.-- .. --...------.. ~._..- - -. ---..-.. , --"- -,-~-- --..-,'-.,-..,,, 161 March 23, 2009 RECEIVED JAN 0 4 2010 1 -k~~ J . Fiala .t t=0/f, cJ~ "2\a5 - ~ ,'.' ,ning-. "oyle --.,.. .~>'r' v I"\"",,~ CO\ettel~J;L~ - MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING i'(Jrt,ri (,i County Commissjone~ Naples, Florida, March 23, 2009 LET IT BE REMEMBERED, that Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following members present: Chairman: Commissioner Donna Fiala Vice Chairman: Murray H. Hendel Susan Becker Clark Hill Rick Medwedeff Robert Miller Ed (Ski) Olesky John Sorey, III Rob Popoff (Excused) ALSO PRESENT: Jack Wert, Tourism Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator Misc. Corres: Date: Item II: 1 Copies to: 'n'.~__.~.__. ...____._._.~_'_...._~_._" _.."". _________"' "'..___",._,'._ _.._,,_..., , _~"_;",,_,_~,, p ~---~- 161 Ii March 23, 2009 1\1* I. Call to Order - Chairman Fiala Chairman Fiala called the meeting to order 9:00 a.m. II. Pledge of Allegiance Pledge of Allegiance was recited. III. Roll Call A quorum was established. IV. Changes and Approval of Agenda Mr. Sorey moved to approve the agenda subject to the/ollowing change: Item Vr.1 - 2 Section 11 to be heard before VI.I.Section 1 Second by Mr. Hill. Carried unanimously 7-0. Mr. Olesky arrived at 9:02am V. Approval of TDC Minutes I. Regular Meeting of February 23, 2009 Ms. Becker moved to approve the minutes o/the February 23,2009 meeting. Second by Mr. Hendel. Carried unanimously 8-0. VI. Staff Report Presentations 2. Section II The following reports were submitted by StatT for review by the Council and noted as follows: a. Director's Report - Jack Wert · Tourist Tax Collections reported for February (collected in January) decreased by 15% from the previous year. · A new data chart will be provided "Competitive Destination Analysis" which compares occupancy statistics, etc. from competitive markets within the State. Jack Wert, Tourism Director and Amber Coldren of Paradise Advertising provided the "Digital Marketing Report" highlighting changes to the website (compressing images to improve "load" time, on-line visitors' guides, upgrading hyper links within the site, etc.) b. Search Engine Report - Jack Wert c. Website Activity Report - Jack Wert d. Smith Travel Report - Jack Wert e. Sales Manager Report - Debi Debenedetto f. P.R. Manager Report - JoNell Modys g. Film Coordinator Report - Maggie McCarty h. Sports Marketing Report - Ralph Pryor i. Phase V - Fulfillment & Call Summary - Ginny Demas .. 7 161 1 k\* . March 23, 2009 1. Section I a. Klages Research Report Dr. Klages of Data Research Services, Inc. provided a Report on the "February 2009 Visitor Profile" dated March 23, 2009 noting the following: . Decreases in Group Market Sales are making targeting the leisure market a higher priority. . FY09/10 international bookings have increased 15% . Group meeting statistics are difficult to obtain, as they are confidential statistics available only from Hotel management. They require 1 on 1 private meetings with management. Mr. Hendel expressed concern over the Report in 3 areas: 1. There are no negative comments from visitors provided. 2. Do the statistics represent day-trippers, and/or overnight visitors? 3. There are no conclusions or recommendations contained in the Report Dr. Klages noted: 1. Negative commenls are a small percenlage of overall comments and relayed to Staff The Report provided is a public document and Staff is cautious not to create an undue negative appearance for potential visitors to the area. The underlying negative themes are the higher cost of visiting the area in comparison to olher destinations, the high cost of transportation to and from the airport and waiting times for seating at restaurants. In future meetings, he will provide the "theme" of negative comments to the Council's so any appropriate actions can be taken. 2. Overnight visitors are included in the statistics. Day-tripper statislics are available and will be provided in the next Report in an "eslimaled" format. 3. Recommendations are made to Staff on a monthly basis, and will be provided to the Council. The Report continued: . There is a large potential to capture additional visitors from the Canadian and European market. . The possibility of obtaining Group Marketing Statistics should be considered by the necessary parties (Staff and Holel Management, etc.) . The Convention and Visitors Bureau Website: (J:illp:llwww.paradisecoast.com) ranked low for usability by recent Focus Groups and improvements are underway to enhance the site. . Focus Groups indicated high quality landscaping is important in the areas of lodging, restaurants, retail shops, etc., however, as the distance away from these areas increase the importance of the landscaping decreases (i.e. highway landscaping, etc.) Break: 10:24AM Re-convened: 10:35AM 3 , 16 I 1 ~l* March 23, 2009 b. Paradise Advertising Fran Vaccaro of Paradise Advertising presented the Slideshow "Monthly Review Tourist Development Council" dated March 23,2009, which outlined previous and future marketing efforts for the area, It was noted recent shifts in the advertising funds and related campaigns approved by the TDC have resulted in significant positive economic impacts to the tourist industry in the area. VII. New Business 1. Appointment of Subcommittee to Review Tourism Ordinance Jack Wert presented the Executive Summary "Appoint a Subcommittee ofTDC members to Review and make recommendations for possible changes to the Collier County Tourist Tax Ordinance." It recommended the Chairman of the TDC appoinl the members to the Subcommittee, It was noted the Subcommittee should ensure beaches remain a priority in the scope of the Ordinance. Discussion ensued in two areas: . The concepts proposed by Staff, that Staff organize and determine items for consideration or should the Subcommittee determine the overall direction of the task, with support from StafT. · Possible revisions to the wording in the "Objectives" Section and if it addresses the original concerns expressed by ML Hendel at the February Meeting. It was noted the purpose ofthe Subcommittee is to review the Ordinance and any related issues and if necessary, make recommendations for revisions to the TDC and Board of County Commissioners, The Council determined the Subcommittee members should be charged with the overall direction of the Subcommittee; and the wording proposed in the Executive Summary is broad enough to ensure the identified concerns will be addressed, Mr. Sorey moved to authorize the Chairman to appoint a Subcommittee as discussed. Second by Mr. Medwedeff. Motion carried unanimously 8-0. Chairman Fiala appointed Mr. Hendel, Mr. Hill, Mr. Miller and Ms. Becker to the Subcommittee and appointed Mr. Hendel Chairman. 2. Public Relations Special Report - JoNell Modys JoNell Modys presented the Slideshow "Public Relations & Communications Department Overview" dated March 23, 2009, The presentation highlighted past and future Public Relations efforts undertaken by the Department. Jessica Kraft ofBCF, Inc. was introduced to the CounciL She is in charge of the County's Account for RCF, Inc. She provided an overview of past and future efforts undertaken by the firm in promoting Ihe area, 4 (0 ,I 16 I 1 .A-I~ March 23, 2009 . Mr. Sorey left at 11:51AM VIII. Old Business 1. Financial Update - Jack Wert The Executive Summary "Cash Flow Analysis/or Tourist Tax Funds" dated March 23, 2009 was provided. The financial update indicaled the cash flow analysis proposed a 10 percent budget reduction based on existing and projected Tourist Tax Collections. A brief overview of the budget was provided indicating even with reduced revenue, all line items are in "good shape." 2. Focus Group Discussion Topics Jack Wert provided the Executive Summary "Review Focus Group Research Findings/rom Tampa and Palm Beach" dated March 23,2009 and the document "Naples, Marco Island, Everglades Area 2009 Focus Group Top Line Findings" dated March 20, 2009 for the Council's consideration. IX. Detailed Staff Reports See attached reports submitted by Staff. X. Announcements Rob Popoff has been elected as Chairman of the Marco Island City Council. XI. Audience Input & Discussion None XII. Council Discussion Mr. Medwedeff requested Staff send meeting notices of the Subcommittee reviewing the Tourist Tax Ordinance to TDC members. XIII. Next Meeting Date/Location April 27, 2009 - Collier County Government Center, Administration BLDG. F, 3rd Floor, 3301 East Tamiami Trail, Naples, Florida 34112 5 . ..._...'.___..~ __.~___.~~._,_.w._ ,",-<,.._ - .. .. ._,. '_.__'."_,_""~.",'__,",,._..~.._ ,_u ., _. "'''~'__''. ",_." .' .. ~ __,,__,,_,'~"_""_ _ __..~."..._.__"_ 161 ,1 March 23, 2009 f\:14 ***** There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11:59 A.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL 1 Commls ioner Donna Fiala, Chairman These minutes approved by the Board/Committee on presented or as amended as 6 :"':0ias \ ,,' 161 1 .A\L\/ ..''1121 ,<' T'ning -. ' ' COyie... 'T" ' ,.' () ~oletta _. ...j\,., '.'l' , April 27, 2009 RECEIVED JAN 0 4 2010 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING '{C,;.HC' of County CommisSioners Naples, Florida, April 27, 2009 LET IT BE REMEMBERED, that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following members present: Chairman: Commissioner Donna Fiala Vice Chairman: Murray H. Hendel Susan Becker Clark Hill Rick Medwedeff Robert Miller Ed (Ski) Olesky John Sorey, III Rob Popoff (Excused) ALSO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Misc. Cones: Kelly Green, Tourist Development Tax Coordinator Date: 11em# 1 Copies to. _m_M~~' _..__w~.."._~_.__._.. - w."_.,.~____~____~"."~.,_.",.".,~,,,.~,_.,,. ..-.".__......__".,......~_".~~.~~_"~..,,,......,_ 16' 1 AI April 27, 2009 I. Call to Order - Chairman Fiala Chairman Fiala called the meeting to order 9:00 a.m. II. Pledge of Allegiance Pledge of Allegiance was recited. III. Roll Call A quorum was established. IV. Changes and Approval of Agenda Mr. Olesky moved to approve the agenda subject to the following additions: Item IV.a - Review of Florida Sunshine Law Requirements and Mission Statement. Item VI.2 - Submittal of Smith Travel Research Report. Item VlI1.2 - Resolution on Otlshore Drilling Item VIII.3 - Update on Tourist Development Council Subcommittee. Second by Ms. Becker. Carried unanimously 9-0. a. Review of Florida Sunshine Law Requirements and Mission Statement. Colleen Greene, Assistant County Attorney provided the document "Florida Sunshine Law Requirements" and reminded Council members they are subject to the Sunshine Law. Jack Wert, Tourism Director, reviewed the Mission Statement for the Tourist Development Council: "To promote year-round distinctive world class vacation and group meeting experiences which result in positive economic growth and stabilily a/Collier County. .. The vision statement is "To be recognized as the most desirable year round visitor destination in the world. ., V. Approval ofTDC Minutes 1. Regular Meeting of March 23, 2009 Ms. Becker moved to approve the minutes of the March 23, 2009 meeting subject to the following change: Page 4, paragraph 7, line 5 from "Jessica Kraft ofBCF, Inc...." to "Jessica Kraft of BCF, Inc. (Brand Communications Firm)..." Second by Mr. Hendel. Carried unanimously 8-0. VI. Staff Report Presentations 1. Section I The following reports were prepared and given by Staff. a. Director's Report - Jack Wert <. ,b. . Sllarch Engine Report - Jack Wert c. Website Activity Report - Jack Wert ,.,.' ,,~. 2 1 161 April 27, 2009 1 k\~ , d. Smith Travel Report - Jack Wert e. Sales Manager Report - Debi Debenedetto f. P.R. Manager Report - Jonell Modys g. Film Coordinator Report - Maggie McCarty h. Sports Marketing Report - Ralph Pryor Phase V - Fulfillment & Call Summary - Ginny Demas . I. Jack Wert highlighted the following: . Tourisl Tax Collections for the month of February decreased by 14.49% for the time frame last year. . The CVB undertook In-State Marketing efforts which Tax Collections Revenues will be reflected in next months reporting figures. . Year to Date (6 months) Tourist Tax Collections decreased by 12.4 7% from a year ago. . The majority of Tourist Tax Collections (approximately 80%) are in the area of Hotel/motel as opposed to condominiwns/single family homes. . Reviewed the Smith Travel Report updated March 2009. . Marketing efforts are restricted by available funds and are concentrated on regions where there is the "highest return on investment" or potential for visitors. . If additional funds become available, other markets may be targeted. The Committee determined that at future meetings, one Staff member (in addition to the Director) should address the Council on on-going activities, on a rotating basis. It was noled the Reports should incorporate (if possible) actual geographic visitation data from the hotel and lodging facilities in the area. 2. Section II a. Paradise Advertising Fran Vaccaro of Paradise Advertising presented a Slideshow "Monthly Review Tourist Development Council" dated April 27 2009, which outlined previous and future marketing efforts for the area. b. Klages Research Report Dr. Walter Klages, Data Research Services, Inc. provided a PowerPoint presentation on the "March 2009 Visitor Profile." Jack Wert noted in relation to the VIP package, the CVB greally increased participation in the Everglades City area. The CVB repeatedly contacted Ihe Immokalee area with a low level of response. 3 _.~...,..__,"~_...___.~".__.___..~" '" "'_""_~____~'~"~"~'__""",,,="'__,",",,"'"_'''''~'~~'_/_''''' .,"_,____."_.-""'~" "',_0" '-'.~-..- ...- ,_...~,.- ". ...~-".- 12)27,201 ~\t VII. New Business 1. FY 10 TDC Category "A" Grant Applications Gary McAlpin provided the Executive Summary (ES) "Recommend approval of TDC Category "A " Grant Applicationsfrom the City of Naples, The City of Marco Island and Collier Countyfor FY-09/IO. IO-year plan options and FY09/IO-I95 Fund Budget and Analysis" daled April 27, 2009. He provided an overview of the "FY09/IO - 195 Fund Budget and Analysis" included on page 40 of the ES, which outlined the Coastal Zone Management Budget. He provided an overview ofthe documents "IDC Category "A" 195 Fund Projection" shown on pages 38-39 of the ES. The documents provided two options (Option A - FY20IO Ten Year Plan with Fay Re-nourishment and Option B - FY20IO Ten Year Plan with Fay Re-nourishment and Marco Breakwaters). The following was noted during the review of the documents: . The documents provide estimates on I O-year budgeting cycles for the Coastal Zone Management Department. . The cost estimates are "conceptual." · Under either Option, the Department will not be able to meet its financial statutory obligations unless additional revenue via Tourist Taxes or State and/or Federal Grant Funding is received. Discussion ensued on what steps would need to be taken if the Department cannot complete future activities based on the possible budget constraints outlined by Staff. Gary McAlpin noted Operations in the area of Beach Re-nourishment, Maintenance and Inlet Management, etc. may need to be reduced to ensure that the statutory requirements for Permit Compliance and Monitoring are met. He requested the Tourist Development Council approve the Granl applications as outlined in thc Executive Summary. Ms. Becker expressed concern that the Grant Applications and/or related backup materials may not have been incl uded for all requests. Gary McAlpin noted he would provide all Applications and backup 10 the Committee for the individual requests. Each individual item is returned to the Council for approval at thc time of expenditure. Mr. Hill and Mr. Hendellefi the meeting at IO:50am Mr. Sorey moved to approve the following Grant Applications subject to each individual item being returned to the Council for approval at the time of expenditure: 1. .!!.s.:ulatory and Permit Compliance 4 161 l~\~ April 27, 2009 Sea Turtle Protection Program - Collier County Beach Tilling ~ Collier County Clam Pass Inlet Monitoring - Collier County Doctors Pass Inlet Monitoring - Collier County Caxambas Pass Inlet & Marco South Beach Monitoring - Collier county $25,000 Wiggins Pass Inlet Monitoring - Collier County $30,000 Hideaway Beach GroinlPhysical Monitor - Collier County $30,000 Physical Monitoring Collier County Beaches $ I 25,000 Biological Hard bottom and Artificial Reef Monitoring - Collier County SUB TOTAL 2. Planned Projects Wiggins Pass Master Plan Engineering and Permitting Clam Pass Ebb Shoal Modeling Collier Beaches Design/Permitting Marco Island Beach/Breakwater Design/Permit Hideaway Beach Erosion Control Structures Small Sand Source Permitting Marco Island Breakwater and Doctors Pass Jetty Rebuilds Naples Conceptual Drainage Design SUB TOTAL 3. Beach Maintenance Beach Maintenance - Collier County/Marco Island Beach Maintenance ~ City of Naples Vegetation Repairs/Exotic Removal - County Wide Naples Pier Annualized Repair & Maintenance - City of Naples SUB TOTAL 4. Administration Fee's Fund 195 and 183 Administration - Collier County SUB TOTAL $162,959 $40,000 $0 $22,700 $275,000 $703,159 $160,717 $125,000 $50,000 $100,000 $1,600,000 $50,000 $700,000 $50,000 $2,835,717 $135,000 $73,460 $75,000 $55,000 $338,640 $500,000 $500,000 Second by Mr. MedwedefJ. Motion carried 5 'yes" -1 "no." Ms. Becker voted "no. " Mr. Hill and Mr. Hendel returned at iO:53am. 2. Wiggins Pass Engineering and Permitting Proposal Gary McAlpin presented an overview ofthe Executive Summary "Recommend Approvalfrom the Tourist Development Council to contract for the Engineering, Design and Permitting for Wiggins Pass improvements as outlined in the April 6, 5 ._.~.,_._,-~._--~----,---~_..,_.._-, -........-.--."". '-"""""""""'"''"'''-''''''''''---'' ,.~-,,-----,--._...... .~.~-_. -.,--._~, .... --_.---_._-~ ." 161 1 jl(t~ April 27,2009 2009 Coastal Planning and Engineering Proposal for $160, 717 on a time and materials, not to exceed basis" dated April 27, 2009. Discussion ensued on the rates for consulting services for the proposal and whether a reduction in rates is feasible. Gary McAlpin noted the proposal is within the guidelines of County Purchasing Policy. Mr. Sorey moved to approve (the Executive Summary "Recommend Approval from the Tourist Development Council to contractfor the Engineering, Design and Permitting for Wiggins Pass Improvements as outlined in the April 6, 2009 Coastal Planning and Engineering Proposalfor $160,717 on a time and materials, not to exceed basis" dated April 27, 2009). Second by Mr. Hill. Carried unanimously 8-0. 3. Collier Beaches Design/Revaluation Proposal Gary McAlpin presented an overview of the Executive Summary "Recommend Approvalfor the Tourist Development Council to contract for a Design Study/or Beach Renourishment and Drainage Improvements/or Collier County Beach Renourishment Program 2009. The Study is to be awarded to Coastal Planning and Engineering based on an Aprill, 2009 proposal/or a not to exceed price, time and materials price ol$50, 000" dated April 27, 2009. Ms. Becker moved to approve (the Executive Summary "Recommend Approval for the Tourist Development Council to contractfor a Design Study for Beach Renourishment and Drainage Improvements for Collier County Beach Renourishment Program 2009. The Study is to be awarded to Coastal Planning and Engineering based on an April 1, 2009 proposal for a not to exceed price, time and materials price of $50,000" dated April 27,2009). Second by Mr. Hendel. Carried unanimously 8-0. 4. Wiggins Pass Modeling Gary McAlpin presented an overview of the Executive Summary "Recommend approval from the Tourist Development Councilfor the Wiggins Pass Modeling Recommendation andforward to the BCCf(Jr approval" dated April 27, 2009. It was noted that the item was for informational purposes only. Break: 1l:03AM Re-convene: -ll:l3AM (Item 5 was heard a/ier Item 6.) 6. Florida Green Lodging Report Update - Laura Comer, FDEP Laura Comer, of the Florida Department of Environmental Protection presented a Slideshow "Green Lodging Florida - Collier County Update." The Program works with the lodging industry to enroll facilities in the "Florida Green 6 16i April 27, 2009 1 t\\* Lodging Program" through phased levels of certifications based on steps undertaken to reduce water usage, electrical usage, generation of solid waste, etc. The Program has been in existence since 2004 with I3 Collier County properties enrolled in the Program to date. Mr. Sorey left the meeting at 11.' 2 7 AM 5. Accreditation Annual Report Form and Renewal Jack Wert provided an overview of the Executive Summary "Authorize the TDC Chairman to sign the Destination Management Accreditation Program 2009 Annual Report Fromfor the Naples, Marco Island, Everglades Convention and Visitors Bureau" dated April 27, 2009. Mr. Olesky moved to approve (the Executive Summary "Authorize the TDC Chairman to sign the Destination Management Accreditation Program 2009 Annual Report Fromfor the Naples, Marco Island, Everglades Convention and Visitors Bureau" dated April 27, 2009). Second by Ms. Becker. Carried unanimously 7-0. VIII. Old Business 1. Tourism Week Proclamation - Jack Wert Jack Wert requested approval for the Executive Summary "Approval of Proclamation for National Tourism Week" dated April 27, 2009. Mr. Hill moved to approve Proclamation ("Proclamation for National Tourism Week'? dated April 27, 2009). Second by Mr. MedwedejJ. Carried unanimously 7-0. 2. Off-Shore Drilling Resolution Jack Wert provided a overview of "A Resolution of the Collier County Board of County Commissioners Supporting the Florida Association of Convent ion and Visitors Bureau's (FACVB) Position on ().ff~hore Drillingfor Oil and Natural G " as. Mr. Hendel moved to approve the Resolution ("A Resolution of the Collier County Board of County Commissioners Supporting the Florida Association of Convention and Visitors Bureau's (FACVB) Position on Offshore Drillingfor Oil and Natural Gas. '? Second by Ms. Becker. Mr. Hill recommended the" removal of any reference to allowing any drilling or exploration at all" from the resolution due to the negative impacts on the tourism economy and environment that may occur related to the proposed drilling and exploration activities. Mr. Hendel stated the motion stood. 7 , "-~"'-~~""'''--~--~~- -, ---.,..-.. ..--^.--_...._......_,_____.___..___.. , __,'"'_ "__'_'_"_""_'"___"" m ,"'.__~, , -." ~--~-"_."."._-,~- -"'~'-"",--' 16 I 1 AI~ April 27, 2009 Motion carried 5 'yes" - "2" no. Chairman Fiala and Mr. Hill voted "no." 3. Update on Tourist Development Committee Subcommittee Mr. Hendel provided a brief overview of the Subcommittee noting it will meet on May 1, and May 5, 2009. The Council requested Stajjprovide a list of topics to be covered at the meeting and names of speakers targeted to provide comments on the topics. IX. Detailed Staff Reports See attached reports submitted by Staff X. Announcements Jack Wert noted on May 12,2009, Mr. Hendel will be recognized for 5 years of service on the Tourist Development Council. Xl. Audience Input & Discussion None XII. Council Discussion Chairman Fiala requested Staff contact Mr. Popoff and ascertain his status with the Tourist Development Council. Mr. Miller raised the possibility of the Florida Green Lodging Program being expanded to address the restaurant business. XIII. Next Meeting Date/Location - May 28, 2009 - Holocaust Museum of Southwest Florida, 4760 Tamiami Trail, Naples, FL. There being no further business for the good of the County, the meeting was adjourned by order ofthe chair at Il:53 A.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL )~);~'t- Commi sioner Donna Fiala, Chairman These minutes approved by the Board/Committee on presented ___ or as amended as 8 :"!:~ -2J;~7!d ~ I,. ,as / Henning V Coyle .'c. ;)<.L. Coletta ----. ' ' , 16. 1 ~\~ May 28, 2009RECEIVED JAN 04 2010 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING f~{.~J;ri Ilt County Commissioner Naples, Florida, May 28, 2009 LET IT BE REMEMBERED, that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION at the Holocaust Museum of Southwest Florida, 4760 Tamiami Trail North, Suite 7 Naples, Florida with the Following members present: Chairman: Commissioner Donna Fiala Vice Chairman: Murray H. Hendel Susan Becker Clark Hill Rick Medwedeff (Excused) Robert Miller Ed (Ski) Olesky John Sorey, III Rob Popoff ALSO PRESENT: Jack Wert, Tourism Director Colleen Greene, Assistant County Attorney Kelly Green, Administrative Assistant Misc. ColTes: Dale: Item': 1 COllieS to: , . """-'-_"'~'''_ ._____..__. -.',"....-_._.__.... _""._~". __~_~,~",'_M.._' _'_.._.._...".._~__.".._",. .,.."'."......'_ ......'"'.__.....,. ._H _0.' ___ May 28, 2009 I. Call to Order - Chairman Fiala Vice Chairman Hendel called Ihe meeting to order 9:00 a.m. II. Pledge of Allegiance Pledge of Allegiance was recited. III. Roll Call A quorum was established. IV. Changes and Approval of Agenda Mr. Popoff moved to approve the agenda subject to the following additions: Item VII.5 - Clam Bay Water Quality Sludy. Item VIII.I - Quarterly Financial Review. Item VIII.2 - Cash Flow Analysis. Item VIII.3 - TDC Subcommittee Report. Item VI.l.d - Submittal of the Smith Travel Research Report for Review. Second by Mr. Sorey. Carried unanimously 7-0. The Council held a moment of silence for former Tourist Development Council Member Glenn Tucker who passed away V. Approval ofTDC Minutes 1. Regular Meeting of April 27, 2009 Ms. Becker moved to approve the minutes of the April 27, 2009 meeting. Second by Mr. PopojJ. Carried unanimously 7-0. VI. Staff Report Presentations Jack Wert noted Florida Gulf Coast University student Kathleen Deldin has completed her Staff internship with the Convention and Visitors Bureau. (CVB). 1. Section I a. Director's Report - Jack Wert March Tourist Tax Collections decreased by 25.49% from the previous year. It was noted Easter was not in March this year as it was last year. For the Fiscal Year to date, collections have decreased by 15.94% from the . preVIOUS year. Jack Wert provided a brief overview of the following reports. b. Search Engine Report - Jack Wert c. Website Activity Report - Jack Wert d. Smith Travel Report - Jack Wert e. Sales Manager Report - Debi Debenedetto f. P.R. Manager Report - Jonell Modys g. Film Coordinator Report - Maggie McCarty h.. Sports Marketing Report - Ralph Pryor i."Phal~V - Fulfillment & Call Summary - Ginny Demas ~'I t', } >"- ',' . . 2 !a~8~20091 ~\* Discussion occurred if visitor statistics can be linked to actual marketing efforts. Jack Wert stated statistics indicate for every dollar invested in marketing, there is an economic impact of $16.43 to Ihe area. Statistics also indicate website activity for International inquiries increased dramatically in August and January/February when increased funding was allocaled to International Marketing Campaigns. 2. Section II a. Klages Research Report Dr. Walter Klages, Research Data Services Inc. provided a PowerPoint presentation on the "April 2009 Visitor Profile." The following was noted during his presentation: . Databases indicate a slight upward movement in economic fundamentals in the first of week of May. . Data indicates occupancy for April decreased by 4.8% from the . prevIous year. . The occupancy data does not reflecl non-reported/collected, short-term single-family home or condominiwn rentals. . European Tour Operators indicate a strong request by clients for rentals of condominiums and single family homes. . The TDC Subcommittee reviewing Tourist Funding in the Collier County is addressing Ihe issue of non-collections of Tourist Tax from rentals of single-family units. . Dr. Klages assisted in developing the database for Lee County regarding short-term single-family rentals and can assist Collier County if requested. . Dr. Klages recommended an increase ofthe Tourist Tax from 4% to 5% as it would not create a competitive disadvantage to the Counly and is missing an opportunity for increased revenue. Commissioner Fiala arrived at 9:51am and chaired the remainder of the meeting. VII. New Business 1. Sports Marketing Focus Report Ralph Pryor presented "Sports Marketing Focus Report" dated May 28, 2009 and provided an overview of the status of the Sports Council of Collier County. The following was noted: . Lauren Gardner, a student from University of North Florida was introduced as a new intern. . The Sports Council focuses on hosting a variety of sports events within the area (Nationally and Regionally recognized Volleyball/ Softball/Baseball/Soccer Tournaments, Champ Boat Series Races, etc.) . Many of the events are beginning to return on a re-occurring basis. 3 , .~---_.~,.,--. -- ,.,.",.,_.,~, . -,-'-'-""~~"'--'-'-~- -"'---' " ~"............_.~..,--".., "--- , ~~, ,-,-_..,-,-,_._.,-,.,,,-,-<"_.~~,~-----_.,_... 161 May 28, 200 ~\+ . FY '09 statistics indicate "Total Direct Economic Impact" to the area has increased by 73% over the previous year. Future statistics will altempt to lrack "Indirect Economic Impacts" to the area. . Area businesses are beginning to become "Official Sponsors" of events such as the Turtle Club for the Extreme Volleyball Tournament on Vanderbilt Beach. . Membership of participating hotels continues to increase with the recent addition of the Ritz Carlton, etc. . The interest by organizers in types of events to be hosted continues to increase (marathons, beach tennis event, etc.) . The growth of the Program will primarily be limited by Staff constraints and the lack of available rooms for participants and visitors. . An increase in available lodging rooms will require additional participating hotel memberships. 2. FY 2010 Proposed Tourism Department Budget Jack Wert presented the Executive Summary "Recommend Approval of Tourism Department Budgetfor FY 10" dated May 28, 2009. Following his overview of the budget, the following was noted: . There are currcntly two mechanisms for increasing funding in marketing and advertising - the use of 2 reserve funds. . Approximately $1 M - $1.5M of reserve funds (Fund 196) are potentially available, however the use of these funds requires approval by the Board of County Commissioners (BCC). . A Reserve of approximately $700,000 available in the Promotions and Advertising fund which utilization does not require the approval of the BCe. . An increase in the Tourist Tax Rate from 4 to 5% would provide an additional dedicated source for promotions; however Mr. Wert does not recommend this increasc due to the current economic climate. . The Marco Island Museum will become a category C-1 Facility (Operated by the County Museum Department) and upon its completion will requirc funding, which has not been addressed in the budgets yet. Mr. Sorey moved to approve the Tourism Department Budget for FY'l O. Second by Mr. Hendel. Carried unanimously 8-0. Break-IO:47am Reconvene - lO:58am 3. Summer Marketing Campaign Funding Request Jack Wert presented the Executive Summary "Summer Marketing Campaign Reinvestment Request" dated May 28, 2009. He provided an overview of the 4 161 May 28, 2009 recent marketing efforts targeting InternationallDomestic visitors including "Paradise Priced Perfectly." He requested approval of a "Summer Marketing Reinvestment Campaign" to target the In-State markets of Miami/Ft. Lauderdale, West Palm Beach, Orlando and Tampa/St. Petersburg. Fran Vaccaro, Paradise Advertising provided a slideshow "Monthly Review Tourist Development Councif', dated May 28, 2009, which highlighted the past and proposed marketing efforts in support ofMr. Wert's request. The marketing efforts will include Spot and Cable Television advertising, online advertising and Digital Social Media. Mr. Sorey moved to approve the request ("Summer Marketing Campaign Reinvestment Request''). Second by Mr. Popoff. Carried unanimously 8-0. Jeff Bunting, Paradise Advertising presented a slideshow, which highlighted recent still photo and video shoots in the area to be used in advertising campaigns. The Council requested afuture presentation by Staff or Consultants on the use of Facebook, V-tube, etc. The Council reached consensus that the motion for the Summer Reinvestment Campaign may include utilization (as necessary), offundsfrom the Promotion and Advertising Reserve. 4. Summer Meeting Schedule Jack Wert presented the Executive Swnmary "Summer Meeting Schedule for Tourist Development Council (TDC)" dated May 28, 2009. Discussion occurred if any business would need to be discussed in July, such as recommendations made by the TDC Subcommiltee reviewing Tourist Funding in the County. It was noted the Council could re-visit the item at the June regular meeting, and if necessary, could schedule a meeting for July. Ms. Becker moved to recommend not having a regular TDC meeting for July 2009. Second by Mr. Popoff. Carried unanimously 8-0. S. Clam Bay Water Quality Study Jack Wert presented the Executive Summary "Recommend approval from the Tourist Development Council of a Work Order for Water Quality Monitoring, Data Collection, Circulation/Sediment Modeling and a Natural Resource Characterizations Study of the Clam Bay Estuary as outlined in the attached PBS&J proposal for time and materials, not to exceed price of$265,012." Mr. Sorey, Chairman of the Coastal Advisory Committee provided an overview of the proposal noting on page 11 of the Study - Item "Compensation" 5 __....._.__... ..~.____,,__ _ .._ "'_'.__.___~~__.."__",~~~__~_~__~~~"",._ ._.__~_~.~..._'~.m"".'_^'. _ __"__"~_._" _.~... '._..._,,,._,."....,~m.___,__.,,"~,.~__' 161 May 28, 2009 Tasks 4a. and 4b. will be completed with Tourist Development Council (TDC) funds. The items have been budgeled by Staff. Mr. Sorey moved to recommend the Board of County Commissioners approve the Work Order (for Water Quality Monitoring, Data Collection, Circulation/Sediment Modeling and a Natural Resource Characterizations Study of the Clam Bay Estuary as outlined in the attached PBS&J proposalfor time and materials, not to exceed price of $265,012. '~ Second by Mr. PopojJ. Carried unanimously 8-0. " VIII. Old Business 1. Quarterly Financial Review Jack Wert presented Ihe document "FY 09TDC Budget Report by Fund _ 2nd Quarter (Cumulative) October 1. 2008 Thru March 31, 2009" for review by the Council. Mr. Sorey moved to accept the Report. Second by Mr. Olesky. Carried unanimously 8-0. 2. Cash Flow Analysis Jack Wert presented the document "Projected Year Ending Cash Balance - FY 08-09" for review by the Council. Mr. Popoff moved to accept the Report. Second by Mr. Olesky. Carried unanimously 8-0. 3. TDC Subcommittee Report Mr. Hendel, Chairman of the Subcommittee provided an updale on the TDC Subcommittee reviewing tourism funding in the County. They held 3 meetings 10 date with numerous speakers addressing items such as re-allocation of expenditures and/or alternative funding for Beach Maintenance and Facililies, a proposed increase in the Tourist Tax Rate, increasing collection efforts for Tourist Taxes, increased coordination ofCVB and the area Chambers of Commerce, etc. The next meeting will be held on June I, 2009 when the Subcommittee will discuss recommendations to the TDC for changes (if any) in Tourist Funding. IX. Detailed Staff Reports See attached reports submitted by Staff with additional backup data available online. X. Announcements None XI. Audience Input & Discussion None 6 1611 May 28, 2009 \ > XII. Council Discussion None XIII. Next Meeting DatelLocation - June 22, 2009 - Collier County Government Center, Administration BLDG. F, 3rd Floor, 3301 East Tamiami Trail, Naples, Florida 34112. It was recommended the meeting begin at 8:30am. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11 :47 A.M. COLLIER COUNTY TOURIST DEVEL PMENT COUNCIL Commi ioner Donna Fiala, Chairman " " ~ , These minutes approved by the Board/Committee on as presented or as amended . 7 .' "_._"_~'.'__._'_'_____"'_"~"'.~___R"~_' ,,' .. ',' ,'.._~_,,__ """",,, . ~---~-'~--~"""""'-'" - -"~-_._-----"...._.__.,--- -,..-.--, . Fiala Halas Henning cov!(~ - ~- I .. (' ,; '. r'! yo c_ I ,,+.,. 1 \' ./ CC'l~~~C ... - , i6J 1 k\ ~ vi June 22, 2009 RECEIVE JAN 0 4 2010 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING '-'r,;,nd 'IT County CommJSSjo~er Naples, Florida, June 22, 2009 , LET IT BE REMEMBERED, that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following members present: Chairman: Commissioner Donna Fiala Vice Chairman: Murray H. Hendel Susan Becker Clark Hill Rick Medwedeff Robert Miller Ed (Ski) Olesky John Sorey III Rob Popoff ALSO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Development Tax CooHftn~: Date: Item.: 1 Copies to -.-,...,,------ "'--"~.- --~ ',,' --, -'--~- . 16j 1 ~,* June 22, 2009 1. Call to Order - Chairman Fiala Chairman Fiala called the meeting to order at 8:30 a.m. 11. Pledge of Allegiance Pledge of Allegiance was recited. lll. Roll Call A quorum was established. IV. Changes and Approval of Agenda Ms. Becker moved to approve the agenda subject to thefollowing changes: . Provision of I-page answers from County Attorney's Office on grant requests . Addition of Item VII. I - "Proposed Litigation Of On-Line Hotel Booking Engines - Ed Dion . Addition of Item VII.3.i. - "Marco Island Museum" . Addition ofItem VII.7 - "TDC Category B " Immokalee Event Grant Application" . Item VIII. I - Handout entitled "Social Media Discussion" . Item VII.2 - Prior to Item - Discussion on Grant Guidelines. . Item VII.3.i - to be heard before item 3.a . Item VII. - New Business to be heard before item VI Second by Mr. HendeL Carried unanimously 8-0. V. Approval ofTDC Minutes 1. Regular Meeting May 28, 2009 Mr. Popoff moved to approve the minutes of the May 28,2009 meeting subject to the following changes: Page 3 - paragraph 2, - after bullet point #4 - insertion of the line "Thefollowing points were addressed in response to Mr. Hendel's questions:" Page 4 - Paragraph 2 - striking of bullet point #4 - "An increase in the Tourist Tax Rate from 4-5% would provide an additional dedicated source for promotions; however Mr. Wert does not recommend this increase due to the current economic climate. " Second by Mr. Sorey. Carried unanimously 8-0. VII. New Business 1. Proposed Litigation of On-Line Hotel Booking Engines - Ed Dion Ed Dion of Nahors, Giblin and Nickerson addressed the Council requesting the County join a potential lawsuit initiated against major hotel reservation web sites (Expedia, etc.). These web sites provide rooms to consumers via Internet reservations and collect County Tourist Tax on the amount paid to the various hotels/motels for the room. The room is resold to consumers at a different rate; the suit will determine if the provider should pay the County Tourist Tax on the rate paid by the consumer or the rate paid to the hotel/motel by the provider. 2 _._----~-- -, " -_. -.-'> ','-,- ,~,_--".,-".~_,_""",_"","---~"_,"-'''-'-' -- ''''',_.- -'~'---'-'''''---''''~-~--- _.,._._----~,-_._~--~---,--------~~._.,_..._.>..~_..,,- 16t I A)~ ., June 22, 2009 He requested the TDC recommend to the Board of County Commissioners the County employ his firm to represent the County in the matter. . Mr. Medwedejf arrived at 8:49 a.m. Colleen Greene, Assistant County Attorney noled Jeff Klatzkow, County Attorney recommends supporting the litigation. Council discussion occurred on the merits of the case. Mr. Dion noted: . The suit has been in process for several months . To date, Leon County has agreed to participate and there are on-going discussions with other Counties. . Due to pending Federal Legislation regarding the Internet Tax Act, he recommends the suit be filed by mid-summer. Mr. Popoff moved to recommend the Board of County Commissioners authorize Mr. Dion's Law Firm represent the County in (the above) matter. Without a second, the motion was not considered. Mr. Hill noted on-line booking services provide the market a considerable amount of business and the issue should be fully investigated before a decision is made. Mr. Sorey moved to continue the item to the next meeting pendingfurther information and analysis by Hotel representatives, etc. Mr. Dion and Mr. Wert noted an estimate has been provided which indicates Florida Counties may be entitled up to $180M. The State of Florida has not addressed the issue due to lobbying activities by the providers of the web sites and the companies are located out of State. Chairman Fiala asked the following questions: . Has the Florida Association of Counties taken a position on the issue? . If the suit moves forward, can a County join later? . Could Mr. Dion provide information for the Council to study the issue? Mr. Dion responded that the Florida Association of Counties has not laken a position on the issue; the County may join later and he can provide any information requested as available. Mr. Popoff noted he sympathizes with the hoteliers and would not want to make a decision Ihat negatively impacted them, but expressed concern on the concept of lobbyists controlling the path oflegislation that affects taxpayers. 3 . J1. to> .1 lk' June 22, 2009 Second by Mr. PopofJ. Carried unanimously 9-0. 2. FY 2010 TDC Category "B" Marketing Grant Requests Discussion on Grant Guidelines Jack Wert, Tourism Director, submitted the guidelines for multi-year applicants for funding percentages, etc. The guidelines are Tourist Development Council Guidelines, which may be amended. He noted all the Category-C grant requests have been significantly reduced as recommended by the Review Committee. Mr. Sorey noted the guidelines have been strict on the area of Out-of-Cycle applications. An item such as the Marco Island Museum should not be considered without an application. He recommended the Council follow any applicable guidelines or amend the guidelines for application requirements. The Council reached consensus on reviewing procedures for grant applications and guidelines. Mr. Medwedeff expressed concern the budget projections do not address enough of a reduction in Tourist Tax collections based on the current economic climate. Jack Wert clarified the current budget projections (for FY 2010) of$13M have been decreased by 10% from the previous year's (FY 2009) original budget. The department "holds back" 5% of the revenue, so the FY 2010 proposed expenditures may incorporate a total 15% decline in revenues over the previous years (FY 2009) original budget. After review, Mr. Medwedeff expressed concern on the estimates. Jack Wert stated the estimates are provided by the Budget Office and Convention and Visitors Bureau and will review them with the Budget Office. Mr. Hendel noled that he has a conflict of interest for items regarding the Holocaust Museum of Southwest Florida and the Naples Chamber of Commerce. In addition he expressed concern over the "non-uniformity" of the grant applications. Mr. Medwedeffrecommended, based on Mr. Wert's input, the revenuelbudget estimates (for FY 2010) be reduced by 10 percent. Other Council members recommended proceeding with the applications on a case-by-case basis. Chairman Fiala requested the speakers present for the grant applications address the Council before proceeding. fuJeakers Bill Perdichizzi, Marco Island Museum provided a letter from Marco Island Historical Society to Jim Mudd, County Manager; Subject: "Marco Island 4 "__"w,._.__._ '."',_~~~."_,w.." ", "_.<'._.._=..~,-"""'_' -,---_._....._'-..*".~;.......~...,. , ",'"-"'"-~'-' ,-- "---,"~--_.,~--~-'""-"--"-'-"--'-""'" -..... 161 1 ~, June 22, 2009 Historical Museum (MIHS) Budgetary Considerations" dated June 10,2009 and copy of "Marco Is/and Museum License Agreement" between the Marco Island Historical Society and the Board of County Commissioners (BCe) dated May 13, 2003. He outlined the funding request for $250,000 for the construction of display cases and noted: . The Marco Island Museum did not request the grant; County Staff requested it. With regard to the Licensing Agreement: . Article 5, Item A. states "Upon successful fund raising by the MIHS, the County, prior to the start of construction shall: (condition #7) "Determine County staffing and budget requirements to construct displays and operate and maintain the museum and present the budget requirements to the TDC and the Board of Commissioners. " · Article 5, Item 8.3 states "Upon completion of the museum building, the County shall "Construct the museum displays using County funds and:" (condition #5) "provide full time staffing andfundsfor the continuing administration. operation and maintenance of the museum as the budget allows. " He continued: · In January of2008 (January 28, 2008 letter to BCe), the MIHS notified the County they had met the conditions of the agreement (successful fundraising, etc.) . The County is obligated to construct the displays and operate the museum. . The MIHS assumed the County had built up the funds for the construction of the displays. He acknowledged the operating and administration states "as the budget allows." · The MIHS is willing to work with the County on the administration of the museum but recommends the Tourist Tax Rate be increased temporarily to 5% to cover the expenditures required for the Museum. Mr. Sorey requested clarification on the definition of "County Funds" as provided in the Agreement and ifTOC may commit funds for the construction of the displays. Bill Perdichizzi noted at the time of the agreement it was assumed future TOC funds would be available for the construction of the displays, however the County could commit any funds as they see fit. The above referenced letter to Jim Mudd addresses the issue. Colleen Greene stated she has not fully reviewed the agreement and cannot provide an opinion ifthe agreement requires utilization of TOC funds. The Council could make a recommendation to the Board of County Commissioners based on the current economic climate. It was noted the Museum buildings are under construction and should be completed by January 20 I 0 and the displays are necessary to house exhibits from the Smithsonian Museum, University of Pennsylvania, etc. 5 . 16~ I-t\\~ . June 22, 2009 Discussions occurred on how the museum will be staffed and operate. Ron Jamro, Director, Collier County Museums addressed the Council noting the County has been working with the MIHS since 2003 and the Society far exceeded the timing for fund raising. He agreed current budget constraints will impact the operation of the museum and existing museums. The County is confident that arrangements have been made with the MIHS to operate the Marco Island Museum in 2010. There are no funds in the budget available for the construction of the new display cases and staff recommended TDC Grant funds be utilized. Mr. Sorey noted he supports the County museums. They currently receive 22% of the first 2% of Tourist Tax and there is no application or description of the proposed expenditures. He requested clarification if the Museum budget transfers line item of $295,700 in the Executive Summary includes the requested $250,000. Gary Vincent, Collier County Museum noted the proposed budget incorporates $80,000 for operating the museum in 2010; there is no provision for expenditures for construction of display cases. The transfer line item is for displays at other county museums, not the requested $250,000 for MIHS. Mr. Popoff noted the MIHS has fulfilled their obligations, referred to the agreement and recommended the County meet its obligation as required. Mr. Popoff moved to recommend the Board of County Commissioners sit down with MIHS and honor the agreementfrom 2003 or determine a mutually acceptable solution. The Council determined speakers for grant applications were being heard and at this time a motion was not prudent so without a second it was not considered. Michelle K1inowski, Greater Naples Chamber of Commerce noted the grant Request for the Chamber of Commerce is a one-time request for the Naples Art Festival, normally held in March, to relocate from downtown Naples to North Naples and be held in January. In season traffic is down, and with recent discussions for year round promotion of the area Ihe Chamber was hoping the TDC would support the request. Mr. Sorey noted the event is not within the "out of season" time line (May - December 15) for the awarding of a grant and violates current TDC procedures. Break: 10:00 a.m. Reconvened: 10:11 a.m. Ellen Krier Executive Director of Southwest Florida Land Preservation Trust noted the grant request is for a Gordon River Greenway electronic public relations campaign. In response to the County Attorney's concerns the funds will 6 '--'^--_._------_._.-.._-_.-"~ -_.~_.,.- " ,'---,- ..~' ..... " ,-,~-_._---,.,.._- --,.....-.......,,- ,~. ---~-,,-_._.._-.~-------"., 161 1 ~,~ . June 22, 2009 be utilized to create a website and online social network. A successful fundraiser was held for the projecl on April 8 with future fundraisers planned. Elaine Hamilton, United Arts Council noted statistics indicate visitors to cultural facilities occupy hotel rooms 62% longer than other visitors. The grant request is for funds that will be used to create monthly event calendars to be supplied to businesses, visitor centers, the hospitality industry, etc. Jack Wert noted the Review Committee recommended a grant amount of $24,000 and staff recommends $9,600 based on the guidelines for multi-year applicants. Multi-year requests are awarded on a yearly percentage reduction concept so parties find other means of funding. Joe Cox, Children's Museum of Collier County stated previous year's funds were utilized for a social media website and a traveling exhibit. The funds requested will continue to be utilized for promoting Collier County outside the County. Joel Kessler, Naples Art Assoc. noted in the past several years they have received $50,000 annually in TOC funds for promoting art fairs, etc. Many visitors are from outside of the County and attendance continues to grow. Their grant request was for $100,000, staff and the Review Committee recommended $70,000 and indications are TOC to approve $25,000. The Council requested clarification on how the Review Committee and staff recommendations for funding were determined. Jack Wert noted the grant amounts were based on a subjeetive review for criteria such as the "Best Return on Investment." Brian Holley, Naples Botanical Garden noted past TOC funding has been instrumental in the operation/expansion of the Botanical Gardens. Their grant request was for $250,000, the Review Committee recommended $120,500 and requested additional funds be awarded above the recommendation. The funds will be utilized for promotions as the Bolanical Gardens have a worldwide visitor base that occupies area hotel rooms. Jill Berry, Naples Botanical Garden noted the Botanical Gardens meets Ihe goal of providing "heads and beds" to the region and the organization promotes Collier County outside of the area. David Tetzlaff, Naples Zoo noled the grant request is for "Summer ofSeuss" and "Fall into Wild" events. The Naples Zoo generates 26,000 hotel nights on an annual basis with a total economic impact of $27M. 2008 funds were utilized for the Black Bear Hammock; no funds were requested in 2009. Patrick White, South Florida National Park Trust, Trustee noted the grant will be utilized for the creation of exhibits for the new Big Cypress Welcome 7 , 161 1~\~ June 22, 2009 Center and fundraising events. It is a one-time request and he recommended the $22,500 recommended by the Review Committee be awarded (as opposed to the Staff recommendation of $15,000). For every dollar granted, it will be matched 2 times. Howard Isaacson, South Florida National Park Trust, Trustee requested the IDC support funds for the installation of exhibits at the Welcome Center, which is a gateway to public lands in Collier County. Don Finefrock, Executive Director South Florida National Park Trust noted the Welcome Center is under construction and will open in 2010. The funding request is not linked to a specific exhibit, rather many exhibits (Amazing Mosaic), etc. Many visitors to the Park are from outside of Collier County. Myra Daniels, Naples Museum of Art noted the Museum of Art has the largest collection of Mexican Art in the Country. There will be a Lalino festival planned for October. The funds will be utilized to promote the event outside Collier County. Colleen Greene stated she has been informed Mr. Hendel has a conflict of interesl with the Holocaust Museum of Southwest Florida and the Greater Naples Chamber of Commerce and Mr. Sorey has a conflict of interest with the Naples Zoo. She will ensure they file the proper forms. She reminded the Council that any member who has a conflict of interest should not participate in that items discussion in an attempt to influence the outcome of an issue Jack Wert presented the Executive Summary "Tourist Tax B Grant Application Review and Recommendationfor FY 10 totaling $59,000" dated June 22, 2009. a. Naples Chamber of Commerce Mr. Sorey moved (to recommend to the Board of County Commissioners) to notfund the grant request as it is outside thefunding time (as established by the Program). Second by Mr. Miller. Discussion occurred if the Council should begin to consider funding grant requests on a year round basis, as a majority of business is generated during "in season" times. Jack Wert noted the funding recommendations in the Executive Summary are less than the aggregate amount available for funding. Funds are held back in case an organization comes forward requesting funding during the Fiscal Year. Motion ca"ied 5 'yes" - 2 "no." Mr. Olesky and Mr. Popoff voted "no. " Mr. Hill and Mr. Hendel abstained. 8 '...._.....w._>. " .~___~..~_._._ _. ........_.~.'"_...... ,.." n.", _,,,,,,_,,,~_~__,,_,,~,,,_,,,,,",._,,___,,,,,_~,__,.'_'.s,.. __ _ "",_"~,,_,~_.~,,_,,,'_'._.___._.~,__._'_M"'-.-.._.._._'____..........._ ___ . 161 1 At June 22, 2009 b. Gordon River Greenway Mr. Hill moved (to recommend to the Board of County Commissioners) to fund infull the Gordon River Greenway ($25,000) and United Arts Council ($24,000) grant requests. Second by Mr. Popoff. Motion carried unanimously 9-0. c. United Arts Council See item b. 3. FY 2010 TDC Category C-2 Non County Owned Museum Grant Requests i. Marco Island Museum Mr. Sorey stated he supports the Museum; and noted the Tourist Development Council was not a party to the Agreement between the County and the Marco Island Historical Society. The Agreement does express an obligation to be filled by the County; however it is unclear that TDC funds are required to meet the obligation. Mr. Sorey moved (to recommend to the Board of County Commissioners) to notfund the requestfor the displays at the Museum at this time, however if the BCC finds it should be funded by the TDC, the Applicant return with a completed application for review at that time. Second by Ms. Becker. Chairman Fiala reviewed the merits of the Museum for the tourist industry in the area and noted the building is slated to open. She recommended an amount of $200,000 be funded for the Request. Mr. Hendel acknowledged the process was not followed however suggested funding a dollar amount pending submittal of the necessary forms to document expenses. He recommended funding $100,000. Staff indicated it is unclear which party (Collier County, Marco Island Historical Society, County Museum Department, etc.) can or should file the application for a funding request. Mr. Popoff expressed concern the County will not meet its obligations after the MIHS fulfilled their obligations as required in the Agreement. Mr. Sorey withdrew the motion. Mr. Hendel moved (to recommend to the Board of County Commissioners) to allocate $100,000 to the request pending submittal of the necessary forms to document expenses. Second by Mr. Sorey. Motion carried 7 'yes" - 2 "no." Mr. Miller and Mr. Hill voted "no." 9 161 1 ~\t June 22, 2009 Jack Wert presented the Executive Summary "Tourist Tax Category C-2 Grant Application Review and Recommendation for FY 10 totaling $571,000 dated June 22, 2009. a. Children's Museum of Collier County Mr. Popoff moved (to recommend to the Board of County Commissioners) to approve the grant requestfor ($75,000). Second by Mr. HendeL Carried unanimously 9-0. b. Freedom Memorial Mr. Hendel moved (to recommend to the Board of County Commissioners) to fund the grant request for $39,204. Second by Mr. Sorey. Motion carried 8 'yes" -1 "no." Mr. Olesky voted "no." Mr. Popoff stated he had to leave however supports the remaining grant requests. Mr. Popoffleftat 11:21a.m. c. Holocaust Museum of Southwest Florida Mr. Sorey moved (to recommend to the Board of County Commissioners) to fund the grant request at $80,000. Second by Mr. Medwedeff. Ms. Becker stated the $65,000 recommended by staff should be a sufficient amount. Motion carried 6 'yes" -1 "no." Ms. Becker voted "no." Mr. Hendel abstained. d. Naples Art Association Ms. Becker moved (to recommend to the Board of County Commissioners) to fund the grant request in the amount of $25,000. Without a second the motion was not considered. Mr. Hendel moved (to recommend to the Board of County Commissioners) to fund the grant request in the amount of $70,000. Second by Mr. Sorey. Motion failed 4 'yes"- 4 "no." Chairman Fiala, Mr. Miller, Mr. Medwedeff and Mr. Olesky voted "no." Mr. Sorey moved (to recommend to the Board of County Commissioners) to fund the grant request in the amount of $50,000. Second by Ms. Becker. Carried unanimously 8-0. 10 ~ "'--'-~"-'--'._,'~_' ._~._.- .' .--<"---, ., --...- ,-_..~-~~~"-..'~._-, _.',._-, -_._.,_.......~~-_.,'-, ...~~._,~ 161 1 June 22, 2009 e. Naples Botanical Garden Chairman Fiala moved (to recommend to the Board of County Commissioners) to fund the grant request in the amount of $150,000. Second by Mr. Sorey. Motion carried 6 'yes" - 2 "no." Mr. Hill and Mr. Olesky voted "no. " f. Naples Museum of Art Mr. Sorey moved (to recommend to the Board of County Commissioners) to fund the grant request in the amount of $20,000. Second by Mr. Miller. Mr. Hill recommended increasing the funding $47,000 as it is a first time request and the effort generates numerous hotel room nights for the area. It was noted if the request for $47,000 were granted, it may leave funds short for other requests. Motion carried 7 'yes" - 1 "no." Mr. Hill voted "no. " g. Naples Zoo Ms. Becker moved (to recommend to the Board of County Commissioners) to fund the grant request in the amount of $40,000. Second by Chairman Fiala. Carried unanimously 7-0. Mr. Sorey abstained. h. South FL National Parks Trust Mr. Sorey moved (to recommend to the Board of County Commissioners) to fund the grant request in the amountof$17,000. Motion carried 7 'yes"- 1 "no." Mr. Hendel voted "no. " Mr. Hendel previously recommended funding the total of $25,000 requested by the Organization. Mr. Wert noted the total amount recommended for grant request is $571,204 and recommended, the Freedom Memorial Request be amended to $39,000 for the total request amount being $571,000. The Council reached consensus on the recommendation. Break: 1l:35am Reconvened: 11 : 45am Mr. Miller did not return 4. FY 2010 TDC Category C-l County Museum Budget 11 'k\ 161 14\\~ . June 22, 2009 Jack Wert presented the Executive Summary "Recommend Approval of the FY 10 Category "C-I" Budget and Marketing Plan for the Collier County Museums" dated June 22, 2009. He provided an overview via a slide presentation on the utilization of TDC funds by the County Museum Department. It was noted 22% of the first 2 cents of Tourist Tax Collection is allocated to the county museums. Mr. Sorey requested Staff place an item on a future agenda regarding strategic funding for county museums. Mr. Medwedeff noted the budget represents a 10% decline in revenue and there could be a 20% reduction in Tourist Tax Revenue in FY 10. Jack Wert noted the County Museum Department is allocated its percentage of Tourist Tax Revenue from the total collected, on a monthly basis. Adjustments will be made if the transfer is less or more than anticipated. Ron Jamro, Director, Collier County Museums acknowledged the County Museum Department is anticipating more than a 10% reduction in transferred funds and is prepared to make adjustments as necessary. Mr. Olesky moved (to recommend to the Board of County Commissioners) to approve the Budgeting and Marketing Plan for the Collier County Museums. Second by Ms. Becker. Carried unanimously 7-0. 5. Paradise Advertising Billing Modifications Jack Wert presented the Executive Summary "Recommend Approval of Additional Billingfrom Paradise Advertising Over $2 Million in Accordance with the Paradise Advertising & Marketing. Inc. Agreement with Collier County" dated June 22,2009. The request for approval of the additional billing is a procedural matter addressed on an annual basis. Mr. Hill moved to approve the Executive Summary "Recommend Approval of Additional Billingfrom Paradise Advertising Over $2 Million in Accordance with the Paradise Advertising & Marketing, Inc. Agreement with Collier County" dated June 22, 2009 and move itforward to the Board of County Commissioners. Second by Mr. Sorey. Carried unanimously 7-0. 6. TDC Subcommittee Recommendations Jack Wert provided the Executive Summary "TDC Sub Committee Recommendations" dated June 22, 2009. Mr. Hendel, Chairman of the Subcommittee provided an update on the Subcommittee work and requested the formal recommendation that "Staff should meet with the Collier County Tax Collector and explore ways to increase the collections from condominiums, single family homes, apartments and on-line 12 . ---'-...'..----.."'. ..---.-.'.".. ,'..-, -..._----'-"_.~ -. ......-,.- "'_.'--~-'-~""~"-'" ,.... .._",,,,..~,-~~,.>.-,,.- -.. ._......_-~,~._--~---."--~--~,_.._.,-",.,-,_._---~..~,-....- ' . 16' \il Al June 22, 2009 brokers of accommodations" developed by the Subcommittee to be approved by the Tourist Development Council. Mr. Hendel moved to approve the recommendation. Second by Mr. Sorey. Carried unanimously 7-0. 7. TDC Category "B" Immokalee Event Grant Application Jack Wert presented the Executive Summary "Consideration of an out of cycle Category "B: Grant Applicationfor a Mexican Independence Day Celebration Event in the amount of$14,112" dated June 22, 2009. The funds are available and will be utilized to promote the event out of the Collier County Market. He recommended the TDC fund the request and is in the process of preparing the formal contract with the Organization. Mr. Olesky moved to recommend approval of the request with the stipulation a contract isforthcoming. Second by Ms. Becker. Carried unanimously 7-0. VIII. Old Business 1. Social Media Discussion The Executive Summary addressing social media networks was provided for informational purposes. VI. Staff Report Presentations 1. Section I The following reports were submitted for review: a. Director's Report b. Search Engine Report c. Website Activity Report d. Smith Travel Report e. Sales Manager Report f. P.R. Manager Report g. Film Coordinator Report h. Sports Marketing Report i. Fulfillment & Inquiry Summary-Phase V 2. Section II a. Paradise Advertising Fran Vaccaro of Paradise Advertising provided an overview of marketing efforts conducted for the Citizen and Conventions Bureau. b. Klages Research Report Dr. Walter Klages, Research Data Inc. provided an overview of existing economic conditions, noting the recovery will be slowly moving upward and competitive. The rate of economic contraction has slowed down and the leisure market is doing well. He anticipates the Group Market will begin to strengthen late this year or early next year. 13 . . 161 June 22, 2009 IX. Detailed Staff Reports See attached reports submitted by staff. X. Announcements None XI. Audience Input & Discussion None . XII. Council Discussion Mr. Sorey requested an item be placed on next meetings agenda for discussion on the remaining fiscal year, and next fiscal year's budget. Ms. Becker recommended the Council or staff consider a requirement for grant applicants to utilize double-sided copies in preparing their applications. Jack Wert noled staff is requesting no "notebooks" with next year's submittals. They are considering the applications be submitted electronically or by CD as an alternate choice to a written copy. Mr. Medwedeffreminded staff that an item regarding grant funding guidelines be placed on a future agenda. XIII. Next Meeting Date/Location - August 24, 2009 - 9 a.m - Collier County Government Center, Administration BLDG. F, 3'd Floor, 3301 East Tamiami Trail, Naples, Florida 34112. ***** There being no further business for the good of tbe County, the meeting was adjourned by order of the chair at 12:37 P.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL .... Commis ioner Donna Fiala, Chairman These minutes approved by the Board/Committee on as presented or as amended . 14 1 t\\~ Fiala t-12ii:lS - Henning Coyle <" 0' Coletta _ <". _.I . 16 j 1 k\qJ September 28, 2009 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING RECEIVED JAN 04 2010 Flu,grr! of County CommisSioner: Naples, Florida, September 28, 2009 LET IT BE REMEMBERED, that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the following members present: Chairman: Commissioner Donna Fiala Vice Chairman: Murray H. Hendel (Excused) Susan Becker Clark Hill Rick Medwedeff Robert Miller (Absent) Ed (Ski) Olesky John Sorey III Rob Popoff ALSO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Mile. CoIres: Kelly Green, Administrative Assistant Date: ltem#: 1 C0?ies to -,._-- '-----,-...- --..-.. "_,_., ,._~~ .... '. ~.~"_._~ 16 IiI k1 f September 28, 2009 I. Call to Order - Chairman Fiala Chairman Fiala called the meeting to order at 9:00 AM II. Pledge of Allegiance Pledge of Allegiance was recited. III. Roll Call A quorum was established. IV. Changes and Approval of Agenda Mr. Sorey has a conflict of interest on the Naples Zoo, Inc. Grant request provided in item V1.2. He requested Ihe request be voted on separately. Mr. Sorey moved to approve the Agenda subject to the following change: . Item Xl. Audience Input and Discussion be heard after item V. Approval of TDe Minutes Second by Mr. Popoff. Carried unanimously 7-0. V. Approval of TDC Minutes 1. August 24, 2009 a. Amendment to August Minutes - Mr. Hill Ms. Becker moved to approve the minutes of the August 24,2009 meeting subject to the following amendments: Mr. Hill wished to amend a motion made at the August 24th meeting to the following: Page 10, paragraph 5: from "Mr. Hill moved to approve the Convention and Visitors Bureau recommendation for the FY 2010 Strategic Plan (for Naples. Marco Island, and Everglades Convention & Visitors Bureau) in the amount 0/54. 2M, which includes the utilization oj(Tourist Development Council) Emergency Advertisingfunds ijnecessary. Second by Mr. Medwed~fl Carried unanimously 7-0" to " Mr. Hill moved to approve the Convention and Visitors Bureau recommendation for the FY 2010 Strategic Plan (for Naples, Marco Island, and Everglades Convention & Visitors Bureau in the amount of $4. 2M, an amount which is $800, less than the amount needed to fund the CVB year round marketing plan, but is greater than the amount in the FY 09 plan. The $4.2M includes the utilization of (Tourist Development Council) Emergency Advertisingfunds, and the additionalfunds made available by the implementation of the recommendation broughtforth by the Tourist 0.' Dey,t:,lopment Council Subcommittee, and adopted by the Tourist Development Council." Second by Mr. MedwedefJ. Carried unanimously 7-0. " -, ,......'. , ''';01 2 16/ 1 ~\~ September 28, 2009 Page 9, paragraph 3 - motion: from: "Carried unanimously 8-0" to "Carried unanimously 7-0." Second by Mr. Hill. Carried unanimously 7-0. XI. Audience Input and Discussion ~peakers Jane Rackley, Museum of Everglades read a letter from Patty Huff, President of the Museum of Everglades into the record in response to statemenls "Museums are not Tourist Drivers." From her experience and research, 95% of the visitors from the museum are from outside Collier County. The tourists visit year round from all regions of the world with the numbers increasing over the past 3 years. In her opinion, the County Museums should be awarded a full support of Tourist Development Taxes. She submitted data in support oftheir position. Nick Hale, President, Friends of Collier County Museums, addressed the Council and expressed concerns Jack Wert advised the Council, "Collier County was the only County out of the 67 Counties in Florida that give operating funds to museums." Mr. Hale's research indicales at least 23 different Counties utilize TDC funds for operating County Museums. He expressed concern that Mr. Wert's conveyance of the recommendation to the TDC was inappropriate. Jack Wert, Tourism Director noted to the best of his recollection he never stated 'no' County in Florida utilizes TDC funds for operating museums. He researched the Counties competitive with Collier County's (coastal jurisdictions). Most of the information indicated the TDC supports County Museums via Grants for Events, etc., not funding operating expenses. Monroe Counly does utilize $80,00010 offset the salaries for museum employees in Ihe Key West Areas. The area of study was from Clearwater, southerly along the Coast to Palm Beach County. Mr. Sorey noted the recommendation for the museum funding issue was provided by the TDC Subcommittee, nol Mr. Wert. Homer HeUer, noted the minutes from Ihe TDC Subcommittee minutes indicate Mr. Wert indicated "no other county provides money for operating expenses for museums" and their data indicates this is incorrect. Last year, Lee County provided funds for signage for the County Museums and other counties utilize funds for the "payroll" of County Museums. The (citizens) mandate for the original vote for approving TDC funds included funding County Museums. Mr. Sorey requested the research provided by the various parties be restricted to 'TDC funds utilized for operating expenses of County Museums" (not signage, Grant funding, etc.) In addition, the research should include the percentages of General Funds utilized by other Counties for "operating expenses." Tim Allen, Friends of Collier County Museums, re-iterated the original vote for adoption of a Tourist Tax included funding County Museums. The County Museums provide a vast array of historic programs which serve as a greal educational benefit 10 school children (10,000 school children annually are bussed to the museums). 3 .-_.,,',-,,--,-- - --_.~..._- ----,._~",. ~,' ._....__.~..-----,_.. "",,,,,'."'" _.'~'''''''-'' .' --'~~_--...., _M_~_~"'__'''_~,_.__'.'~,__~___", 161 ~"1~1~ September 28, 2009 r There are currently no funds available for the operating expenses, should the TDC terminate the funding. Mr. Medwedeff noted the recommendation takes into consideration the timing of the funding by starting the reductions in FY 2011, and phasing them out over 3 years to allow time for other funding sources to be developed. Jill Barry, Naples Botanical Garden expressed concern the TDC may re-direct funds from the Non-County Museum C-2 Grant funds to County Museums which would have a major impact on the Non-County Museums. Georgia Hiller, Candidate for Board of County Commissioners, 2nd District recommended a greater allocation ofTDC funds be directed to marketing and promotion. She expressed concern over the amount ofTDC funds expended for beach projects and maintenance. Other counties do not expend as high of a percentage ofTDC funds for beach maintenance. She recommended the county consider other sources for funding beach maintenance and re-examine beach park funding in general. The museum funding should remain, as museums promote tourism. Jack Wert clarified the original vote for forming the TDC in 1992 provided funding allocations of 60% for beach maintenance and 40% for tourism events/promolions. In 1998, the Board of County Commissioners (BCC) voted to utilize Tourist Taxes to fund Ihe County Museums operating expenses. Collier County residents did not vote to utilize TDC funds for operating museums. Prior to 1998 the General Fund was utilized to fund the operating of County Museums. Ms. Becker noted the Tourist Development Council does not debate the value of the museums, and their positive contribution to the community and tourists. The issue is, how should the operaling expenses be funded? Chairman Fiala stated recommendations (regarding Tourisl Tax funding from their August 24, 2009 meeting) are scheduled to be heard by the BCC October 27,2009. VI. New Business 1. FY 10 TDC Category B Grant Agreements Jack Wert presented the Executive Summary "Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign two grant agreementsjiir FY 201 0 Development Tax Category B Grants totaling $49,000" dated September 28,2009. He noted in reference to the Southwest Florida Land Preservation Trust Application: . There are no employees, so the requirement for workman's compensation will be removed. . The funding is for the "development" of the website, not '''maintenance. ~. . The grantee will not be "tracking visitors." These changes are acceptable to the grantee. 4 161 September 28, 2009 1 ~\~ Mr. Sorey moved to approve Staff's request (Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign two grant agreements for FY 2010 Development Tax Category B Grants totaling $49,000" dated September 28, 2009.) Second by Mr. Hill fuJeaker Ellen Krier, Executive Director Southwest Florida Land Preservation Trust clarified no TDC funds are anticipated 10 be utilized in the operating costs for the Gordon River Project. Carried unanimously 7-0. 2. FY 10 TDC Category C-2 Grant Agreements . Jack Wert presented the Executive Summary "Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign nine grant agreements for FY 2010 Development Tax Category C-2 Grants totaling $57/,000" dated Seplember 28,2009. He noted: . Current revenue projections indicate the funding will be $21,200 short of the $571,000 previously recommended by Ihe TDC. . Based on "carry forward funds," from this account, staffis confident the amount of funding recommend will be available when Ihe funds are disbursed. . If ample funding is not available, the County does have the option to reduce the grant funding pro rala, or in an emergency request a portion of the funds be returned to the County after the fact. . Currently, Tourist Tax collections are 18% down from the previous year. . Staffs revenue projection for FY 2010 is $12.4M, equal to FY 2009. Mr. Medwedeffnoted the hotel industry projections indicate a nationwide decrease in revenue of3 - 6 percent for 2010 over 2009. Mr. Popoff noted the Marco Island Hislorical Society request is significantly less than their contract with Ihe County for funding and hopes the Board of County Commissioners honors the full contract. Mr. Sorey stated he has a conflict of interest with the Naples Zoo, Inc. application. Mr. Sorey moved to recommend the Board of County Commissioners approves and authorizes the Chairman to sign eight grant agreements for FY 2010 Development Tax Category C-2 Grants totaling $531,000. Said Grants as depicted in the Executive Summary referenced above, with the exception of the Naples Zoo, Inc. request in the amount of $40,000. Second by Ms. Becker. Carried unanimously 7-0. 5 _ _'_'.L..____~.~,__.~_,__,._." _ _ ___ .._.,,~.._ ~ ...... -------- , .~,-,,_..,~ '"<~ -_..._- 161 1 A:\~ September 28, 2009 Mr. Popoff moved to approve to recommend the Board of County Commissioners approves and authorizes the Chairman to sign the Grant Agreement for FY 201 0 Development Tax Category C-2 Grant for the Naples Zoo, 1nc. totaling $40,000." Second by Mr. Olesky. Carried unanimously 6-0. Mr. Sorey abstained. 3. Marketing Plan Overview (with incremental one million dollar option) Jack Wert presented the Executive Summary (ES) "Review and recommend approval orthe Marketing Strategy jor an additional $1 Million in funds from the TDe recommendations to be reviewed by the Bee on October 27, 2009" dated September 28, 2009. ~iscussion occurred on how the Marketing Campaign can continue after the 2 year re-direction of beach re-nourishment/emergency funds (should this be approved by the BCC) It was noted the loss of these funds could be offset by: . Funds from the "returns on investment" due to increased marketing and promotions (based on research data services projections provided in the above referenced ES). . An allernate source of funding for the operation of County Museums. . The interest earned on TOC funds currently expended by the Clerk of Courts being returned to the TOC for their use. Fran Vaccaro of Paradise Advertising presented a slide show on a marketing campaign for FY 2010 including how the additional $IM could be incorporated into the plan for year round marketing. Jack Wert noted the plan is an "incremental campaign" and if the BCC does not approve the $1 M re-direction of the "Beach Funds," or other sources of funds become available (return of the interest on the TOC funds to the budget, etc.), adjustments may be made. Mr. Medwedeff moved to recommend approval (of the Marketing Strategy for an additional $lMillion infundsfrom the TDC recommendations to be reviewed by the BCC on October 27,2009.) Second by Mr. Hill. Motion carried 6 'yes" - 1 "no." Mr. Sorey voted "no." VII. Old Business 1. Chicago Cubs Spring Training Update - Information Only Jack Wert reported there is no progress on the initiative passed by the TOC at the August 24, 2009 Meeting, however discussions continue. An update will be provided at the next meeting. VIII. Staff Report Presentations 1. Section I a. Paradise Advertising 6 , 16' September 28, 2009 1 k\~ Fran Vaccaro of Paradise Advertising provided an overview of past advertising campaigns including, TV, online and print advertising. Break: JO:30am Reconvened: 10:45am b. Klages Research Report Jack Wert provided a PowerPoint presentation on the "August 2009 Visitor Profile ". 2. Section II The following reports were provided by Staff: a. Director's Report - Jack Wert Recently traveled to a Tourism Summit in Washington, D.C. with a "Visit Florida" delegation. The main purpose was to promote the "Travel Promotion Act." The Act will establish a National Tourism Office for the United States. The United Slates is the only country in the Free World Ihal does not have such an office. He urged individuals concerned with the industry to support the act. Mr. Sorey moved to request the Chairman to send a letter on behalf of the Tourist Development Council to area representatives in Congress thanking them for co-sponsoring the Act, and request their continued support. Second by Mr. Medwedeff. Carried unanimously 7-0. b. Sales Manager Report - Jack Wert c. P.R. Manager Report - Jack Wert d. Film Coordinator Report - Maggie McCarty e. Sports Marketing Report - Ralph Pryor f. Phase V - Fulfillment & Call Summary - Jack Wert IX. Detailed Staff Reports See attached reports. X. Announcements The Council viewed a portion of the DVD "Big Cypress Swamp - The Western Everglades. " XII. Council Discussion Ms. Becker expressed dismay some members of the public have misconstrued the museum funding issue. She re-iterated the Tourist Development Council members are in favor of museums. They recognize their positive contribution to the community and tourists. The issue is, is it proper to expend tourist tax revenue for operating county museums? 7 ..... _.,^,~,~- ,--.--.,,--- -.. .._.-..---_.~~---,_._.. ~ ._.~.,,,._-,,._._----,._~... . "-"-,-"~-,,,,,,,,-,^,--,,,,,""'~- __n___..__.. ",.__ XlII. Next Scheduled Meeting Date/Location - October 26,2009 - 9:00 a.m. Collier County Government Center, Administration BLDG. F, 3'd Floor, 3301 East Tamiami Trail, Naples, Florida 34112 ***** There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11 :40 A.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL ~d~ Commis ioner Donna Fiala, Chairman These minutes approved by the Board/Committee on as presented or as amended . 8 V' T~ MINUTES OF THE MEETING OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY rr:.(~E!VED DEe 1 5 2009 Fiala Halas Henning coyle Coletta - 161 1*~ v . May 15,2009 ~ifli'lrd ot County CommISSIOners Naples, Florida, May 15,2009 LET IT BE REMEMBERED, that the Collier County Water and Wastewater Authority in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M. in REGULAR SESSION at the Collier County Community Development Services Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Dr. Fay Biles (Excused) VICE CHAIRMAN: Lowell Lam Jerry Morgan Dr. Sherwin Ritter Jack Markel (Excused) ALSO PRESENT: Jamie French, Executive Director, CCWW A Ken Kovensky, Sr. Management/Budget Analyst Steve Williams, Assistant County Attorney , ;,;". ,-,~,ies: 1 Dalej) I J-.lo Item # \10 t o c) C ."'\nies to .,_ _.d"'_..._....., ,_,.,_, ._._~~.=_"',,.._~,,~,_~.....,_.. _,..,_~______~, ___.."_....,'" ,~_,._.._.~._._,_,_.__ _____ 'm 161 1 klS May 15,2009 I. Call to Order (Determination of Quorum) and Roll Call Vice Chairman Lam called the meeting to order at 2:00 PM. Roll call was taken and a quorum eSlablished. II. Approval of Agenda - Meeting of May 15, 2009 Mr. Morgan moved to approve the agenda. Second by Dr. Ritter. Carried unanimously 3-0. III. Approval of Minutes - Meeting of March 23, 2009 Mr. Morgan moved to approve the minutes of the March 23, 2009 meeting. Second by Dr. Ritter. Carried unanimously 3-0. IV. Items Requiring Action by Authority A. Final Order 2009-04 - Annual Price Index Jamie French, Executive Director of the CCWW A presented the memorandum "Authority Agenda Item, May 15th 2009 Final Order No. 2009- 04" dated April 27, 2009. He noted the following: . Florida Public Service Commission (FPSC) Order no. PSC-09-0099- PAA-WS was issued February 16,2009 and established a 2009 Price Index of 2.55 percent. . The maximum allowable 2009 Price Index can be no greater than 2.55 percent. . Section 1-6.i (I), Collier County Ordinance No. 96-6, as amended, requires the Authority to adopt a price index for investor-owned water and/or wastewater utilities no laler than May 15th of each year equivalent to the Price Index established annually by the FPSC. Tthe applicable language of Section 1.6.i.(I) of the Ordinance was read into the record. Proper notice was provided to the public by the CCWW A for the Price Index adoption request. He requested the Authority approve the Final Order No. 2009-04, establishing the equivalent 2009 Price Index for investor- owned utilities operating in Collier County and the City of Marco Island. Dr. Ritter moved to approve the Request (Final Order No. 2009-04) as presented. Second by Mr. Morgan. Carried unanimously 3-0. V. Staff Discussion Jamie French submitted the documented "Collier County Government Fiscal Year 2010 Proposed Budget - Community Development & Environmental Services Division CDES Administration Office of Operations Utility Regulations Fund 669. " For informational purposes, he provided an overview of the proposed budget noting it is not the final version; however, no changes were anticipated. The Authority is funded solely by the Utilities regulated, not by ad-valorem taxes. Jamie French noted if Authority members have questions on the budget, please contact him individually. 2 ,_ ........ ......_. m......"..""__.,.__".. ., ._......_ .~~~.._,._.,,__... .,__,_..,,-, "._ ,_, ..,__,_ """,.. .." ,m,,, .._'.m_"_,',_' ,_"", "... m _ 161 May 15,2009 VI. Open to Public None VII. Authority Member Discussion Jamie French noted: . Bill HB691 was not forwarded out of Committee. . Ava Marie Utility Company is a private utility and regulated by the Authority. The Township of Ava Marie is a separate entity. Kim Retallick, Orange Tree Utility noted the Utility has received it's permits for expansion. Details regarding the improvements for the Oil Well Road expansion are still in negotiations. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 3:07 PM. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY These Minutes we37 approved by the Board/Chairman on ..fill if 6 ~ as presented ,/ , or as amended . , 3 lAIS .. ,... _....,_"*~" ..- _.v......,,_..~, ,.,......_,~".".,,-..'."",.~_.__~... ,,~~. ___""",,__,'~'. ~.. __.. ~_",. ..._.... ._...._ 161 1 ~I June 11,2009 Fiala Halas Henning Coyle Coletta MINUTES OF THE MEETING OF THE RECEIVED COLLIER COUNTY DtC 222009 LIC SAFETY COORDINATING COUNCIL,,",",. ., . ,,/ (J')(mrv.- r Naples, Flonda, June 11, 2009 "mmos",one,s LET IT BE REMEMBERED that the Collier County Public Safety Coordinating Council, in and for the County of Collier, having conducted business herein, met on this date at 2:00 PM., in REGULAR SESSION, at the Human Resources Conference Room, Building "B," 3301 East Tamiami Trail, in Naples, Florida, with the following members present: CHAIRMAN: Commissioner Fred Coyle Judge Eugene C. Turner, County Courl Kathleen A. Smith, Public Defender Charles Rice, Director, County Probation David Schimmel, Chief Executive Officer, David Lawrence Center Christine Holmes, Administrator, Batterers Intervention Program Rich Montecalvo, Designee for Stephen Russell, State Attorney Pamela Donelson, Circuit Administrator, State Probation Mark Lennon, Sr. Supervisor, State Probation Office, DesigneefiJr Pamela Donelson Sheriff Kevin Rambosk, Chief Correctional Officer Chief Greg Smith, Collier Counly Sheriffs Office, DesigneefiJr SheriflRamhosk Mark Middlebrook, Collier County Court Administration (Non-voting) Chief Scott Sailey, Sheriff's Office (Non-voting) ALSO PRESENT: Robert Zachary. Assistant County Attorney Skip Camp, Director, Facilities Management Mike Sheffield, Assistant to County Manager Damon Gonzales, Facilities Management Misc. Corres: oe:.QJj ')lo ./ Ii) 1IlIm# 'Ior hi J.~ '-. ~ c........ ,~'('", tn "_ '_"_"'._'_ .. .~~u , ......""--.,._.____"."....... _ ....'"'""'"""__"',.'._.__....... , ...__._.,,--.",,---_._~--, 161 1 \ June 11,2009 P.J I. Introduction A. Call to Order Commissioner Fred Coyle called the meeting to order at 2:00 PM. B. Approval of PSSC Meeting Minutes from March 19, 2009 Rich Montecalvo moved to approve the Minutes of March /9,2009 Meeting as submitted. Second by Kathleen Smith. Carried unanimously, 9-0. II. Old Business A. Presentation regarding the State's Re-entry Program - Pamela Donelson The purpose of the presentation was to clarify the State Probation Department's position regarding its reversal of the "zero tolerance" policy. . "Zero Tolerance" pushed the State's incarceration rate to an intolerable level . Secretary McNeil stated the emphasis is on public safety: re-entry is not just about inmates . Evidence-based practices are being implemented to deal with the soaring crime rates . Department's Mission Statement: 'To protect the public and ensure the safety of Departmenl personnel; to give proper care and supervision of all otTenders under the Department's jurisdiction, and to assist as appropriate" . Offenders considered for re-entry are those who present the least amount of risk to the public concerning recidivism . New Re-entry Mission Statement: "To provide inmates and offenders with comprehensive programs and services that will assist in their successful re- entry into the community thereby reducing recidivism while enhancing public safety and promoting post-release success." . It is not economically feasible to build the scheduled 20 prisons at a cost of $40M each and to operate/maintain each prison at a cost of$13M - only six prisons are scheduled to be built . It is anticipated that the inmate population will increase by 24% in the next 5 years to 129,328 . Education and drug treatment programs are effective at reducing recidivism (return to prison within three years after release) . Probation otlicers arc being trained regarding motivational interviewing and using positive reinforcement techniques . Partnerships have becn established with the Sheriffs Otlice, the David Lawrcnce Center, the County Re-entry Coalition, and the 20th Judicial Circuit . The Career Service of SW Florida is teaching offenders how to interview, how to dress for an interview, how to prepare a resume . Collier County's Drug Court Program is very successful . Community Corrections collected $90M last year: approximately $25M was allocated to the State's General Revenue Fund, approximately $35M was returned to victims of crime. and the remainder was distributed to the various Counties 2 ~_._...-. ---~,-"-_._- - '-_.~._~~-,~_.,^~-_..- - .._-"'---,,~~"~~-~- ~-'.- 161 1 ~l June 11, 2009 B. Jail "Snap-Shot" Report - Chief Scott Salley . Inmate population has declined over 15% in the past two years . Criminal Alien Task Force has been successful in identifying criminal illegal aliens for transport to the Immigration & Customs Enforcement nCE") detention facilities at Krome Avenue by the U.S. Marshall's Otlice . Number of documented gang members has increased from 35 to 59 (average daily population) . Sexual otl'enders registration program was instituted; there are approximately 615 registered otl'enders in Collier County . Prison Rape Elimination Act ("PREA"): o Program was established in 2003 and staff training is in process o PREA standards are higher; additional cameras will be required o Collect and disseminate intormation . Influenza virus: o Not yet a serious problem in Collier County o Isolation/quarantine plan is in place if outbreak occurs . Re-Integration Program: o Lack of employment is a problem o Vocational training is encouraged . Suggestion: Form a Re-Integration Subcommittee oRe-integration is a community problem, not just a law enforcement problem o Sponsors are needed to meet released inmate and assisl in their development of basic social skills . i.e., Bus tokens and schedules are provided tor fmmokalee inmates Sheriff Rambosk reiterated Ihe position of the Sheritrs Office: to ensure those individuals who should be incarcerated are incarcerated, and to obtain treatment and/or education for inmates to deter recidivism. III. New Business A. Update on Collier County's Criminal Alien Task Force - Cmdr. Mike Williams and Lt. Keith Harmon Sheriff Rambosk stated in 2007, the Collier County Sheriffs Office recognized that approximately one-quarter of the jail population consisted of illegal criminal aliens. Statute 287(g), under the Immigration and Nationality Act, permitted local agencies to enler into agreements with the Department of Ilomeland Security to obtain authority tor immigration entorcement within their jurisdiclion. In June, 2007, CCSO entered into a Memorandum of Agreement ("MOA") with the U.S. Attorney General and ICE ("Immigration and Customs Enforcement"). The CCSO developed two programs: the Criminal Alien Task Force ("CA IT') and the Criminal Alien Investigation Unit ("CAll!") Commander Mike Williams and Lieutenant Keith Harmon outlined the strategy for each program component: , ~ -....._-"..,..~-"_.,-"">~--~~-~,-,--~"..->- ._._--------,-- . ' ____.'._~a.._.~___._~..._.,,_ "'".."." , ~--- 1 b I 1 fbl June 11, 2009 CATF: . ICE supervised training of selected CCSO staff who have received certification and security clearances . The CA TF Corrections Coordinator and the CAIU Law Enforcement Coordinalor are liaisons to ICE for the CCSO . CCSO outlined the Agency's policy regarding arrcst criteria, data documentation, and procedural issues . Community outreach and education is a key component o Victims and witnesses of crimes will not be targets of the immigration law enforcement o Goal: to reassure migrant community and citizens in general concerning "racial profiling" o Aliens have been interviewed and identified from more than 50 countries CAJU: . Identify violent criminal aliens o Gang members; felony offenders; sexual predators . Goal: to apprehend individuals who represent greatest threat to Collier County residents . Identify other criminal aliens: o identify theft, narcotics, fraud . If a criminal alien is in custody for local charges, the imposed sentence is completed before the individual is transferred to ICE. . Educate eommunity -- especially local employers concerning the hiring of authorized workers (The Program Report, "Partnership.fiJr a Sater Community, " was distributed.) Commissioner Coyle commented the program presents a great opportunity for the Stale to positively impact the crime rate and the enormous cost for incarceration. He was concerned that the Slate appeared not to be interested and did not offer any support to Collier County and other Florida Counties. Pamela Donelson stated the State's emphasis is on identifying sex offenders and/or violent offenders. The State's Probation Department has a classification process in place to identify and targct illegal criminal aliens in jails. Discussion ensued regarding thc polilical aspects of the program, i.e., "the chilling effect." It was suggested the CCSO continue to makc prcsentations to the Sheriffs' Departments in other Counties in order to promote awareness of the program which is also being used in Manatee, Brevard, Duval and Bay Counties. IV. Member Comments/Suggestions Commissioner Coyle asked for discussion of Chief Sally's suggestion to form a Re- Integration Committee. 4 ""__,,,",~ .. _0' ~_~___...~_.+__ ~.__-._. --- . "'-- . ._~-~~,,",_,_'-._- - 16 j 1 P:J I June 11,2009 It was suggested Ihe Board of Counly Commissioners address and establish a Coalition for Re-Integration, as has been done successfully in the Hillsborough/St. Petersburg area, since there are so many components to re-entry. The involvement of community agencies and vocational schools is critical. Commissioner Coyle suggested creating a Subcommittee to tirst define the scope of the issue and establish parameters, and then decide whether the Subcommittee should be retained under the PSSC or deferred to the Board of County Commissioners. Various members volunteered. He cautioned about observing the Sunshine Law and holding public meetings. Mike Sheffield will contact the volunteers via email with options regarding meeling dates, times, and location. V. Public Comment (None) VI. Next Meeting: September 3, 2009 at 2:00 PM in the Human Resources Conference Room ***** There being no further business for the good of the County, the meeting was adjourned by order ofthe Chair at 3:15 PM. COLLIER COUNTY PUBLIC SAFETY COORDINATING COUNCIL ~ '--\. Commissioner Fred Coyle, c The Minutes were approved by the Board/Committee on as presented or as amended _-L_, 1:1- //0/09 , 5 ._ ^'__.'''_"_''''__W__.~~~,"'_''_'___''_' 'W"~_"'__ _." '. ,- "_____..__ ._ _,_ ''''''__'~~<''''_._'__'''''__~".~'"~"''''''''''_ " '-,-.-"-. 161 11 Southwest Florida Regional Planning Council 1926 Victoria Avenue, Fort Myers, Florida 33901-3414 1_~lt)), IX 1.~ ~I) F \ X 1.1YJ).I;X-'5()() S I, NCO\l!-.',t) 171X- 1):'i() j, , I /b'b '" -< ~ -- n <=> ,.. <- ,., > ~J :z "" 0 I .&" .., n ~ 0 :x c:: '" e,.) -4 .. '" 0 0 en n " !'.' .""!".T\/Er-' I. .~". .. .-.. ~ '" .,. f '." .. '."./ '".. ",.,.~ "J JAN ) 6 2Um Boam of COU"ty Cljmml~SIOJ li,';fS December 21, 2009 Mr. Dwight Brock County Clerk Collier County 3301 Tamiami Trail East Building L, 5th Floor Naples, FL 34112 RE: Annual Budget for FY 2009/2010 Dear Mr. Brock: Enclosed is a copy of our adopted Annual Budget for FY 2009/2010. If you have any questions, please do not hesitate to contact Janice Yell, Finance Administrative Manager, at (239) 338-2550, Ext. 237. Sincerely, SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL ,,", , I . Jf I" . , .{.! I.LI'~'(" ( J _p.,.C .~ 'l. : L. " ..r\ /tl.'( . Deborah Kooi Senior Administrative Assistant /dk Enclosure " '-, . , . r >1 ') 'J - .- '_ ',ill I~C) , -';'1 .. -.... ,.-' '. .., . -- , -. ,. Mlle. Correa: . 0 l J.1o 1 D *m.#: 1101- l J-. Copies to: -'--..,,--'~.-,,-_..__._...._,_._.__._-" "'.'",__",,<~,~,"~~,.~'-~,~~,-"~'~~~'...,,=-,,-;,~=".=~~,~y~' ,.". ".~~~._~,,_~.__?_..'_.__..w.,m.'___..~.>...._ "_ _~~_ _ _..~.,~-- . . 161 1 h~ SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL COMPUTER DISPOSAL POLICY Effective Date: December 14, 2007 Policy Statement: All Council-owned electronic equipment, including bul not limited to, computers, monitors. faxes, copy machines. cell phones, and personal digital appliances (PDAs) wilh a printed circuit board that the Network Administrator has deemed to be surplus or non- usable shall be disposed of in a manner that is consistent with Federal, state and local statutes and regulations, with recycling being the preferred method. All equipment identified as surplus shall be recycled by the Council's selected and approved vendor list. In addition, all surplus computers or servers that contain hard drives shall be wiped clean or shall be destroyed by magnetic degaussing. If equipment is recycle/disposed through the Lee County Government Solid Waste Division there is a fee which is subject to change. Responsibility: The administration of the recycling program shall be under the Network Administrator and the Executive Director. The Network Administrator identifies equipment as surplus to the needs for the Council, the Executive Director, reviews, and approves these declarations and brings the matter before the Council for final approvaL Action: The initial action is the Network Administrator presents the Executive Director a list of surplus equipment. This list depicts: purchase date, current capital value, and reason for designation as surplus and recommended method of disposaL Once a list is approved by the Executive Director, il is placed on the Council's Agenda in the Administrative Items section for final approvaL Possible methods of disposal include: in-house auction of equipment, donation to other agencies, recycling, disposal or any other method deemed to be consistent with the purpose and mission of the CounciL ".__......_~____----...._.,w,_ ,....0 __.. ...__.m_____ . ,_,,"~~~~.~,_~... _. ._..~ .~.~__."._,.... ___., _ _' ".w.._._......_ 161 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL CAPITAL ASSETS POLlCY Confonning to the requirements ofGASB 34, we are ftmnally setting the following guidelines for fixed assets capitalization and depreciation: Assets will be capitalized at $ I ,000 and above according to Florida Statue, Chapter 274. These assets will be inventoried using the Peachtree Fixed Assets Program, The depreciation method will be straight-line, full month. Useful life ranges are as follows: Buildings - 45 years Improvements other than buildings - 15 years Computer Equipmenl - 3 years Furniture and Fixtures - 7 years Vehicles and Equipment - 5 years This policy is effective as of October 1,2004. Any assets previously inventoried under $1,000 shall be removed from the inventory list and that list submitted along with this policy. 15 1 ~~ 161 . - I1b~ Calculation of Frinlle and Indirect Rates Source: CCAS Indirect Cost Rate (http://www.ccas.com/cgovcon.htm) CCAS produces and supports financial and government project accounting software Frequently Asked Questions (FAQs) about Indirect Costs from The Division of Financial Advisory Services ( http://ocm.od.nih.gov/dfas/faqindirectcosts.htm ) What is the difference between a direct cost and an indirect cost? A direct cost is any cost that can be easily identified with a specific project (grant/contract): e.g., Salaries and Wages, Materials & Supplies, Subcontracts, Consultants. An indirect cost is any cost that cannot be easily identified (or it would not be cost effective to identify) to a specific project, but identified with two or more final cost objectives. There are three types of indirect costs: Frinqe Benefits: services or benefits provided to employees, e.g., Health Insurance, Payroll Taxes, Pension Contribution, Paid Absences, etc Overhead: indirect costs associated with the performance of a project, e.g., Facility Costs (rent, heat, electricity, etc.), General Laboratory Supplies, office supplies, etc. G&A: indirect costs associated with the overall management of an organization, e.g., President's Office, Human Resources Office, Accounting Office, etc. Determininll an Indirect-Cost Rate An indirect-cost rate is simply the ratio of indirect costs to some base or activity (that is, direct labor costs, labor hours, number of employees, space footage or total direct costs). We will use the ratio of indirect costs (excluding fringe) to direct labor costs to determine the actual indirect rate. (Overhead and G&A) The ratio of total fringe benefits to total salaries will be used to determine the actual fringe rate. (Fringe Benefits) Sept.2005 14 YTD Distribution of Revenue Mise/Interest 2% Grants-RPC 25% Assessment 15% DRls/NOPCs 10% Granls-NEP 32% Granls-MPO 16% YTD Distribution of Expenses RPC-Genl 21% NEP 33% RPC-SR 30% 161 t/v I 2009 Distribution of Revenue Assessment 13% Misc.llnleresl 1% Grants-NEP 26% DRls/NOPCs 5% Grants-RPC 34% Grants-M PO 21% 2009 Distribution of Expenses MPa 21% NEP 26% RPC-SR 33% 13 2010 Budget Distribution by Agency NEP, 963,700, 26% RPC-Genl., 724,155, 20% MPO, 770,178, 21% RPC-SR 1,214,500 33% Distribution of Revenue Misc,/lnterest 1% Grants-RPC 20% Assessments 15% 2006 DRls/NOPCs 7% Grants-NEP 32% Grants-MPO 25% Comparison of Expenses T..------.--------.-....-------. --'" ----- ..----0. --------,..---.-----' ----- , c----=- 1 ,400,000 1,200,000 1,000,000 800,000 600,000 400,000 ~.. ! ; 200,000 T- o -_.._~-_.._---_.__._------_. --- , -1 -..--. ----- T 2007 2008 YTD 2009 2010 12 _~ ___'__H' ____ ~~.__~___ ~-~._..... ~ ..-. ~~- ~--_. .. --- -,-.~ . .....___.~...h_....~..,.,~ < ."-~~-~~-~~. ... ~._< 16,. Ih~ o RPC-Genl. . RPC-SR oMPO ONEP ~ 161 1 ~'V Facts to be noted for this Annual Budqg! 1 Included in Employee Benefits Salaries are sick, vacation, and holiday pay. Provision is also included for adjustments (ie: merit increase, reclass, etc.) In the event of any adjustments, transfers can be made to the corresponding project within the same expense line. As always, transfers between Expense Lines will require a Budget Amendment. 2 As per the Auditors, the Fund Balance must be shown in the Budget as 'carry over fund balance' in the revenue portion and as 'reserve for operations' in the expense portion of the Budget. 3 It has been recommended by the auditors that the Council designate a portion of the fund balance for emergencies. In that regard, $550,200 was been appropriated thus far and the reserved fund balance will be increased each year until our goal of a six month reserve is met. 4 Fringe and Indirect reimbursed by MPO and NEP grants are shown as reallocation from Council since their budgets are separated from the RPC budget. A copy of the Calculation of the IndirecUFringe Rates policy approved by the Council is attached. The Indirect rate prorates the overhead incurred by the RPC over each active projecUagency. These expenses include, but are not limited to, facility costs, office supplies, and support staff. Frinqe/lndirect Rates for 5 years: 2009-10 Fringe Provisional Rate 2009-10 Indirect Provisional Rate 49% 84% 2008-09 Fringe Provisional Rate 2008-09 Indirect Provisional Rate 49% 82% 2007-08 Fringe Actual Rate 2007-08 Indirect Actual Rate 45% 83% 2006-07 Fringe Actual Rate 2006-07 Indirect Actual Rate 46% 78% 2005-06 Fringe Actual Rate 2005-06 Indirect Actual Rate 43% 90% 1 1 . CHARLOTTE HARBOR NEP 1 PROPOSED BUDGET AND FIVE YEAR PLAN 6 I OCTOBER 1, 2009 TO SEPTEMBER 30, 2013 1 ~'V Adopted 5 Year Plan CHNEP- CHNEP- CHNEP- CHNEP- CHNEP- CHNEP - Budget Budget Budget Plan Budget Plan Budget Plan Budget Plan Y IE 9/30/09 Y /E 9/30/10 Y IE 9130/11 Y/E 9/30/12 Y IE 9/30113 YIE 9/30/14 Revenues Assessments Federal/State/Local Grants 1,199,550 963,700 1,059,000 1,111,000 1,180,000 1,230,000 Dri/Monitoring Fees InteresUMlsc Carry Over-Fund Balance Total Income 1,199,550 963,700 1,059,000 1,111,000 1,180,000 1,230,000 Ex enditures Direct: Salaries 395,000 350,000 362,250 374,929 388,051 401,633 FICA 0 0 Retirement 0 0 Health Insurance 0 0 Workers Compensation 0 0 Legal Fees 0 0 Consultant Fees 0 0 NEP Contractual 240,000 121,250 125,424 129,499 134,285 137,621 MPO Conlractual 0 0 Audit Fees 0 0 Travel 21,500 15,000 20,000 20,000 22,000 22,000 Telephone 1,500 700 1,000 1,000 1,500 1,500 Postage 25,000 20,000 20,000 20,000 20,000 20,000 Slorage Unit Rental 1,000 1,000 1,000 1,000 1,000 1,000 Equipment Rental 200 200 Insurance 0 0 Repair/Mainl (Grounds/Bldg/Equip) 0 0 P rinti ng/Reproduction 60,000 60,000 50,000 50,000 50,000 50,000 Utilities (Elec, water, garb) 0 0 Advertising 550 550 700 700 750 750 Other Miscelleanous 500 500 500 500 550 550 Office Supplies 3,000 3,000 3,000 3,000 3,000 3,000 Computer Related Expenses 4,000 4,000 5,500 5,700 6,000 6,000 Publications 500 500 100 100 100 100 Professional Development 8,000 7,000 7,500 7,500 8,000 8,000 Meetings/Events 33,800 30,000 30,000 30,000 30,500 31,000 Capilal Outlay-Operations 15,000 15,000 5,000 5,000 10,000 10,000 Capital Outlay-Building 0 0 Long Term Debt (Building Loan) 0 0 Allocation of Fringe/Indirect 390,000 335,000 427,026 462,073 504,264 536,845 Reserve for Operations Expense Total Cash Outlays 1,199,550 963,700 1,059,000 1,111,000 1,180,000 1,230,000 Net Income/(Loss) Non-Cash Expenses: Depreciation Total Expenses 1,199,550 963,700 1,059,001 1,111,001 1,180,000 1,230,000 10 - "-"~' -- -.-. -~---- --_. ._-~~-~~~ ---- ~---"-~_._,_.~ _._-,..,~ "_'''_.',~~,,~,,__,;~,,---,~--~''..~'.'- , '-- ,,,,,-~'_..'~..,,-,..~----'- -,--.-.. -,""._-~"~,_."~---- . .-..- , , Adopted 5 Year Plan MPO MPO MPO PULocal MPO PULocal MPO PlILocal MPO PULocal Budget YIE Budget Y/E Budget Plan Budget Plan BUdget Plan Budget Plan 9/30109 9/30/10 YIE 9/30111 Y/E 9130112 Y IE 9130113 YIE 9130/14 Revenues Assessments Federal/State/Local Grants 942,495 770,178 821,000 830,000 835,000 837,000 Dri/Monitonng Fees InteresVMisc Carry Over-Fund Balance Total Income 942,495 770,178 821,000 830,000 835,000 837,000 METROPOLITAN PLANNING ORGANlZA11Cl1l!i J PROPOSED BUDGET AND FIVE YEAR 4,Q OCTOBER 1 2009 TO SEPTEMBER 30 2013 1 PJ'V Ex end/lures Direct: Salaries 280,000 300,000 310,500 321,368 332,615 344,257 FICA 0 0 Retirement 0 0 Health Insurance 0 0 Workers Compensation 0 0 Legal Fees 0 0 Consultant Fees 0 0 NEP Contraclual 0 0 MPO Contractual 290,000 58,683 101,410 101,039 101,896 101,012 Audit Fees 0 0 Travel 8,000 8,000 8,000 8,000 8,000 8,000 Telephone 3,000 3,000 200 300 300 300 Postage 5,000 5,000 8,000 9,000 9,000 10,000 Storage Unit Rental 0 0 Equipment Rental 0 0 Insurance 0 0 Repair/Maint: (Grounds/Bldg/Equip) 0 0 Pri nting/Reprod uction 6,500 6,500 5,000 6,000 6,500 7,000 Utilities (Elec, water, garb) 0 0 Advertising 7,500 7,500 7,500 7,500 8,000 8,000 Other Miscelleanous 500 500 500 500 500 500 Office Supplies 5,000 5,000 5,000 5,000 5,000 5,000 Computer Related Expenses 2,000 2,000 2,000 2,000 2,000 2,000 Publications 1,500 1,500 1,500 1,500 2,000 2,000 Professional Development 1,500 1,500 1,500 1,600 1,600 1,600 Meetings/Events 2,000 2,000 3,000 3,000 3,500 4,000 Capital Outlay-Operations 3,000 3,000 3,000 3,000 3,500 3,500 Capital Outlay-Building 0 0 Long Term Debt (Building Loan) 0 0 Allocation of Fringe/Indirect 326,995 365,995 363,890 360,193 350,589 339,831 Reserve for Operations Expense Total Cash Outlays 942,495 770,178 821,000 830,000 835,000 837,000 Net Income/(Loss) Non-Cash Expenses: Depreciation Total Expenses 942,495 770,178 821,000 830,000 835,000 837,001 9 , , Adopted 5 Year Plan RPC Budget RPC Budget RPC Budget RPC Budget RPC Budget RPC Budget VIE VIE VIE VIE VIE VIE 9/30109 9/30/10 9/30/11 9/30/12 9/30/13 9/30/14 Revenues Assessments 464,696 470,552 489,374 508,949 529,307 550,479 Federal/State/Local Grants 802,809 600,115 600,000 600,000 700,000 700,000 Dri/Monitonng Fees 200,000 200,000 200,000 200,000 250,000 250,000 Interest/Mise 30,000 30,000 30,000 30,000 30,000 30,000 Carry Over-Fund Balance 637,988 637,988 638,000 638,000 638,000 638,000 Total Income 2,135,493 1,938,655 1,957,374 1,976,949 2,147,307 2,168,479 SOUTHWEST FLORIDA REGIONAL PLANNING cout-l1;ltl:. I ' 1 fl.1) PROPOSED BUDGET AND FIVE YEAR PLAN ... 0 r~t/ OCTOBER 1 2009 TO SEPTEMBER 30 2013 Exoenditures Direct: Salaries 1,082,000 1,027,662 1,048,215 1,069,180 1,101,255 1,134,293 FICA 122,000 122,000 123,000 123,000 125,000 125,000 Relirement 170,000 166,000 170,000 170,000 175,000 175,000 Health Insurance 210,000 180,000 200,000 210,000 220,000 225,000 Workers Compensation 10,000 8,000 8,000 8,000 8,000 8,000 Legal Fees 0 0 Consultanl Fees 85,000 40,000 40,000 40,000 40,000 40,000 NEP Contractual 0 0 MPO Conlractual 0 0 Audit Fees 50,000 47,000 48,000 48,000 49,000 49,000 Travel 30,000 25,000 25,000 25,000 26,000 26,000 Telephone 10,000 9,000 9,000 9,000 9,500 9,500 Postage 5,000 5,000 5.000 5,000 7,000 7,000 Storage Unit Rental 2,000 2,000 2,000 2,000 2,000 2,000 Equipment Rental 35,000 35,000 35,000 36,000 37,000 38,000 Insurance 35,000 35,000 35,000 35,000 35,000 35,000 Repair/Maint: (Grounds/Bldg/Equip) 25,000 20,000 20,000 20,500 21,000 21,500 Pri nti ng/Reproduction 15,000 8,000 8,000 8,000 8,000 8,000 Utililies (Elec, water, garb) 30,000 25,000 25,000 27,000 29,000 31,000 Advertising 6,800 2,000 3,000 3,000 3,000 3,000 Other Miscelleanous 4,000 1,000 1,000 1,000 1,000 1,000 Office Supplies 20,000 15,000 17,000 19,000 19,000 20,000 Computer Related Expenses 50,000 32,000 32,000 32,000 35,000 35,000 Publications 1,700 2,000 5,000 5,000 6,000 6,000 Professional Development 30,000 25,000 30,000 32,000 32,000 35,000 Meetings/Events 20,000 12,000 20,000 20,000 21,000 21,000 Capital Outlay-Operations 30,000 20,000 20,000 20,000 22,000 22,000 Capital Outlay-Building 8,000 10,000 20,000 20,000 20,000 20,000 Long Term Debt (Building Loan) 128,000 128,000 128,000 128,000 128,000 128,000 Allocation of Fringe/Indirect -716,995 -700,995 -790,916 -822,266 -854,853 -876,676 Reserve for Operations Expense 637,988 637,988 638,000 638,000 638,000 638,000 Total Cash Outlays 2,135,493 1,938,655 1,924,299 1,931,414 1,962,902 1,986,616 Net Income/(Loss) Non-Cash Expenses: Depreciation 60,000 60,000 60,000 60,000 60,000 60,000 Total Expenses 2,195,493 1,998,655 1,984,299 1,991,414 2,022,902 2,046,616 8 , Adopted 5 Year Plan Budget Budget Budget Plan Budget Plan Budget Plan Budget Plan Y/E Y/E Y/E Y/E Y/E VIE 9/30/09 9/30/10 9/30/11 9/30/12 9/30/13 9/30/14 Revenues Assessments 464,696 470,552 489,374 508,949 529,307 550,479 Federal/State/Local Grants 2,944,854 2,333,993 2,480,000 2,541,000 2.715,000 2.767,000 On/Monitoring Fees 200,000 200,000 200,000 200,000 250,000 250,000 InteresUMisc 30,000 30,000 30,000 30,000 30,000 30,000 Carry Over-Fund Balance 637,988 637,988 638,000 638,000 638,000 638,000 Total Income 4,277,538 3,672,533 3,837,374 3,917,949 4,162,307 4,235,479 SWFRPC-MPO-CHNEP COMBINED 16' PROPOSED BUDGET AND FIVE YEAR PLA OCTOBER 1, 2009 TO SEPTEMBER 30 2013 ~v xpen ftures Direct: Salaries 1.757,000 1,677,662 1,720,965 1.765,476 1,821,922 1,880,183 FICA 122,000 122,000 123,000 123,000 125,000 125,000 Retirement 170,000 166,000 170,000 170,000 175,000 175,000 Health Insurance 210,000 180,000 200,000 210,000 220,000 225,000 Workers Compensation 10,000 8,000 8,000 8,000 8,000 8,000 Legal Fees 0 0 0 0 0 0 Consultant Fees 85,000 40,000 40,000 40,000 40,000 40,000 NEP Contractual 240,000 121,250 125,424 129,499 134,285 137,621 MPO Contractual 290,000 58,683 101,410 101,039 101,896 101,012 Audit Fees 50,000 47,000 48,000 48,000 49,000 49,000 Travel 59,500 48,000 53,000 53,000 56,000 56,000 Telephone 14,500 12,700 10,200 10,300 11,300 11,300 Postage 35,000 30,000 33,000 34,000 36,000 37,000 Storage Unit Rental 3,000 3,000 3,000 3,000 3,000 3,000 Equipment Rental 35,200 35,200 35,000 36,000 37,000 38,000 Insurance 35,000 35,000 35,000 35,000 35,000 35,000 Repair/Maint: (Grounds/Bldg/Equip) 25,000 20,000 20,000 20,500 21,000 21,500 Printing/Reproduction 81,500 74,500 63,000 64,000 64,500 65,000 Utilities (Elec, water, garb) 30,000 25,000 25,000 27,000 29,000 31,000 Advertising 14,850 10,050 11,200 11,200 11.750 11.7 50 Other Miscelleanous 5,000 2,000 2,000 2,000 2,050 2,050 Office Supplies 28,000 23,000 25,000 27,000 27,000 28,000 Computer Related Expenses 56,000 38,000 39,500 39.700 43,000 43,000 Publications 3,700 4,000 6,600 6,600 8,100 8,100 Professional Development 39,500 33,500 39,000 41,100 41,600 44,600 Meetings/Events 55,800 44,000 53,000 53,000 55,000 56,000 Capital Outlay-Operations 48,000 38,000 28,000 28,000 35,500 35,500 Capital Outlay-Building 8,000 10,000 20,000 20,000 20,000 20,000 Long Term Debt (Building Loan) 128,000 128,000 128,000 128,000 128,000 128,000 Allocation of Fnnge/lndirect Reserve for Operations Expense 637,988 637,988 638,000 638,000 638,000 638,000 Total Cash Outlays 4,277,538 3,672,533 3,804,299 3,872,414 3,977,902 4,053,616 Net Income/(Loss) Non-Cash Expenses: Depreciation 60,000 60,000 60,000 60,000 60,000 60,000 Total Expenses 4,337,538 3,732,533 3,864,299 3,932,414 4,037,902 4,113,616 E d' 7 , CHARLOTTE HARBOR NEP 16 I OCT 1 2009 S t 30 2010 BUDGET ,1 b't - eDI. , , Year End Current Amended Proposed ......-,.-,...........".... ...... ..,-"............................ ...... .-,-,......-....-.... .. ... CHNEP . CHNEp. CHNEP- NEP YTD CHNEp. CHNEp. Actual Actual Actual ACTUAL Budget Budget Y IE 9130106 Y IE 9/30107 YIE 9/30108 at 3/31/09 Y/E 9/30/09 VIE 9/30/10 Assessments Federal/State/Local Grants 1,095,845 1,300,873 1,095,655 532,315 1,199,550 963,700 Dri/Monitoring Fees InteresUMisc Carry Over Fund Balance Total Income 1,095,845 1,300,873 1,095,655 532,315 1,199,550 963,700 Revenues Expenditures Direct: Salaries 232,328 296,807 244,207 136,326 395,000 350,000 FICA 0 0 0 0 0 0 Retirement 0 0 0 0 0 0 Health Insurance 0 0 0 0 0 0 Workers Compensation 0 0 0 0 0 0 Legal Fees 0 0 0 0 0 0 Consultant Fees 0 0 0 0 0 0 NEP Contractual 432,164 515,184 380,741 128,191 240,000 121,250 MPO Contractual 0 0 0 0 0 0 Audit Fees 0 0 0 0 0 0 Travel 24,921 19,907 15,397 11,489 21,500 15,000 Telephone 1,062 658 544 184 1,500 700 Postage 6,866 7,374 19,908 18,138 25,000 20,000 Storage Unit Rental 955 750 890 721 1,000 1,000 Equipment Rental 0 0 0 130 200 200 Insurance 0 0 0 0 0 0 Repair/Maint: (Grounds/Bldg/Equip) 0 0 0 0 0 0 P rinti ng/Reprod uction 57,545 34,093 81,412 31,451 60,000 60,000 Utilities (Elec, water, garb) 0 0 0 0 0 0 Advertising 278 259 521 0 550 550 Other Miscelleanous 0 0 3 25 500 500 Office Supplies 764 3,090 4,139 2,113 3,000 3,000 Computer Related Expenses 3,897 5,112 1,714 1,855 4,000 4,000 Publications 477 184 425 0 500 500 Professional Development 7,482 6,049 6,188 850 8,000 7,000 Meetings/Events 5,553 31,287 28,187 20,623 33,800 30,000 Capital Outlay-Operations 13,370 11,857 0 1,278 15,000 15,000 Capital Outlay-Building 0 0 0 0 0 0 Long Term Debt (Building Loan) 0 0 0 0 Allocation of Fringe/Indirect 308,183 368,261 311,378 178,940 390,000 335,000 Reserve for Operations Expense Total Cash Outlays 1,095,845 1,300,873 1,095,655 532,315 1,199,550 963,700 Net Income/(Loss) Non-Cash Expenses: Depreciation Total Expenses 1,095,845 1,300,873 1,095,655 532,315 1,199,550 963,700 6 ,._~~_._.>>~._-_._.._~~--~._-_.,..~_.'._-.~,,' ,..",,--~,"----_.__..,..,_.._-~~._---,,_.'._...~-' - "-,.-,-,,'-',,, ..--'..._,~"".__."_.,,".._--,,.,,--- , . METROPOLITAN PLANNING ORGANlZATI016 .1 OCT. 1, 2009 - Se t. 30, 2010 BUDGET I MPO Actual Y IE 9/30106 Year End ",......",...",.__d."__'" MPO Actual Y/E 9/30107 MPO Actual Y IE 9/30/08 Current MPO YTO ACTUAL at 3131109 Amended MPO Budget Y/E 9/30/09 Proposed MPO Budget YIE 9130110 :v Assessments Federal/State/Local Grants 771,053 708,808 734,313 263,477 942,495 770,178 Dri/Monitoring Fees Interest/Misc Carry Over Fund Balance Total Income 771,053 708,808 734,313 263,477 942,495 770,178 Revenues Ex enditures Direct: Salaries 238,563 207,369 240,924 109, 193 280,000 300,000 FICA 0 0 0 0 0 Retirement 0 0 0 0 0 Health Insurance 0 0 0 0 0 Workers Compensation 0 0 0 0 0 Legal Fees 173 0 0 0 0 Consultant Fees 50,661 0 0 0 0 NEP Contractual 0 0 0 0 0 MPO Contractual 132,679 208,969 144,238 4,700 290,000 58,683 Audit Fees 0 0 0 0 0 Travel 4,877 6,954 3,394 818 8,000 8,000 Telephone 663 2,316 856 375 3,000 3,000 Postage 2,030 1,114 4,814 -30 5,000 5,000 Storage Unit Rental 0 0 0 0 0 Equipment Rental 0 0 0 0 0 Insurance 0 0 0 0 0 Repair/Maint. (Grounds/Bldg/Equip) 0 0 0 0 0 Printing/Reproduction 4,693 5,807 3,783 518 6,500 6,500 Utilities (Elec, water, garb) 0 0 0 0 0 Advertising 2,767 5,845 11,768 3,557 7,500 7,500 Other Miscelleanous 245 0 447 28 500 500 Office Supplies 3,302 4,660 2,367 337 5,000 5,000 Computer Related Expenses 8,490 115 516 0 2,000 2,000 Publications 2,092 985 0 0 1,500 1,500 Professional Development 2,191 350 1,012 324 1,500 1,500 Meetings/Events 1,174 357 443 250 2,000 2,000 Capital Outlay-Operations 0 6,673 0 0 3,000 3,000 Capital Outlay-Building 0 0 0 0 0 Long Term Debt (Building Loan) 0 0 0 0 0 Allocation of Fringe/Indirect 316,454 257,292 319,750 143,407 326,995 365,995 Reserve for Operations Expense Total Cash Outlays 771,053 708,808 734,313 263,477 942,495 770,178 Net Income/(Loss) Non-Cash Expenses: Depreciation Total Expenses 771,054 708,808 734,313 263,477 942,495 770,178 5 \ SOUTHWEST FLORIDA REGIONAL PLANNING COUNi~ I 1Bt , I OCT. 1,2009 - Sep!. 30, 2010 BUDGET Year End Current Amended Proposed ........ ...........--.............. n.._'............................ .........................-.......'" RPC Actual RPC Actual RPC Actual RPC YTD RPC Budget RPC Budget YIE Y/E YIE ACTUAL Y/E YIE 9/30106 9/30107 9/30/08 at 3/31/09 9/30/09 9/30110 Assessments 417,257 431,470 450,432 244,611 464,696 470,552 Federal/StatelLocal Grants 688,901 733,606 698,361 410,172 802,809 600,115 Dri/Monitoring Fees 284,734 356,254 423,587 165,049 200,000 200,000 Interest/Misc 25,086 44,308 37.625 40,501 30,000 30,000 Carry Over Fund Balance 404,045 392,967 565,843 0 637,988 637,988 Total Income 1,820,024 1,958,605 2,175,848 860,334 2,135,493 1,938,655 Revenues Exoenditures Direct: Salaries 979,631 1,052,973 1,135,505 551,979 1,082,000 1,027,662 FICA 108,529 115,139 121,301 63,695 122,000 122,000 Retirement 122,376 160,037 165,357 75,801 170,000 166,000 Health Insurance 147,890 166,521 171,950 106, 944 210,000 180,000 Workers Compensation 8,510 7,950 7,247 4,146 10,000 8,000 Legal Fees 185 185 0 0 0 Consultant Fees 97,854 58,825 59,109 61,970 85,000 40,000 NEP Contractual 0 0 0 0 MPO Contractual 0 0 0 0 Audit Fees 44,707 39,000 49,039 45,686 50,000 47,000 Travel 20,601 24,213 27,075 12,737 30,000 25,000 Telephone 8,691 8,884 8,455 3,837 10,000 9,000 Postage 23,173 12,604 1,453 583 5,000 5,000 Storage Unit Rental 1,443 1,492 1,376 847 2,000 2,000 Equipment Rental 36,323 34,900 31,602 18,316 35,000 35,000 Insurance 27,752 33,093 31,056 25,767 35,000 35,000 Repair/Main!. (Grounds/Bldg/Equip) 18,657 19,972 24,925 11,502 25,000 20,000 P rinting/Reprod uction 34,078 1,252 8,080 -2,012 15,000 8,000 Utilities (Elec, water, garb) 24,447 24,424 23,053 9,748 30,000 25,000 Advertising 1,789 836 1,603 2,951 6,800 2,000 Other Miscelleanous 2,409 1,044 1,285 1,213 4,000 1,000 Office Supplies 19,384 15,534 20,861 6,635 20,000 15,000 Computer Related Expenses 40,539 34,348 50,649 36, 764 50,000 32,000 Publications 1,308 1,419 1,877 647 1,700 2,000 Professional Development 25,771 28,143 38,465 22,986 30,000 25,000 Meetings/Events 11,442 13,094 10,612 7,924 20,000 12,000 Capital Outlay-Operations 28,085 12,939 41,853 0 30,000 20,000 Capital Outlay-Building 88,369 21,742 7,450 0 8,000 10,000 Long Term Debt (Building Loan) 127,751 127,751 127,751 63,876 128,000 128,000 Allocation of Fringe/Indirect -624,637 -625,554 -631,128 -322,348 -716,995 -700,995 Reserve for Operations Expense 404,045 392,967 565,843 0 637,988 637,988 Total Cash Outlays 1,831,102 1,785,727 2,103,703 812,193 2,135,493 1,938,655 Net Income/(Loss) -11,079 172,878 72,145 48, 141 0 0 Non-Cash Expenses: Depreciation 58,778 68,421 68,769 60,000 60,000 Total Expenses 1,747,100 1,837,495 2,172,472 812,193 2,195,493 1,998,655 4 - ,-, '-"'-'--'-"'-~-'--- "'_~" ,,~~ .,.~.__~~~"..~_'".___.____,~_h~,~"_~.'"..__.,~,,_.,4--__ __..~, ,', ._.,..,"""=.....-._-,._.._~._._--' ',,"'_"'''_',' .._ "...._M.""___.._~__.,_.~,._ .,_,. '_"',",.__~V,_"L._ SWFRPC-MPO-CHNEP COMBINED 1 6' .1' OCT. 1, 2009 - Se ! 30, 2010 BUDGE. Year End Current Amended ""..."."..,.- ,...--..-.--...., ._'...-............ --...---.------....... Actual Actual Actual YTD Budget Y/E YIE YIE ACTUAL Y/E 9/30106 9/30107 9/30108 at 3131109 9/30/09 Propose Budget YIE 9/30110 Revenues Assessments 400,558 417,257 450,432 244,611 464,696 470,552 Federal/State/Local Grants 2,489,138 2,555,796 2,528,329 1. 205, 964 2,944,854 2,333,993 DrilMonitoring Fees 158,747 284,734 423,587 165,049 200,000 200,000 InterestlMisc 35,671 25,086 37,625 40.501 30,000 30,000 Carry Over Fund Balance 404,045 392,967 565,843 637,988 637,988 Total Income 3,488,159 3,675,841 4,005,816 1,656,126 4,277,538 3,672,533 Ex enditures Direct: Salaries 1,367,904 1,450,523 1,620,636 797,497 1,757,000 1,677,662 FICA 101,908 108,529 121,301 63,695 122,000 122,000 Retirement 104,468 122,376 165,357 75,801 170,000 166,000 Health Insurance 125,715 147,890 171,950 106,944 210,000 180,000 Workers Compensation 9,532 8,510 7,247 4,146 10,000 8,000 Legal Fees 7,500 358 0 0 0 0 Consultant Fees 414,415 148,515 59,109 61,970 85,000 40,000 NEP Contractual 324,113 432,164 380,741 128,191 240,000 121,250 MPO Contractual 4,345 132,679 144,238 4,700 290,000 58,683 Audit Fees 37,865 44,707 49,039 45,686 50,000 47,000 Travel 37,265 50,399 45,866 25,045 59,500 48,000 Telephone 7,804 10,417 9,855 4,397 14,500 12,700 Postage 23,245 32,069 26,175 18,690 35,000 30,000 Storage Unit Rental 2,429 2,398 2,266 1,568 3,000 3,000 Equipment Rental 40,293 36,323 31,602 18,446 35,200 35,200 Insurance 25,168 27,752 31,056 25,767 35,000 35,000 Repair/Main! (Grounds/Bldg/Equip) 33,913 18,657 24,925 11,502 25,000 20,000 Printing/Reproduction 51,585 96,315 93,275 29,957 81,500 74,500 Utilities (Elec, water, garb) 17,288 24,447 23,053 9,748 30,000 25,000 Advertising 2,707 4,833 13,893 6,508 14,850 10,050 Other Miscelleanous 3,725 2,654 1,735 1,266 5,000 2,000 Office Supplies 17,564 23,450 27,367 9,085 28,000 23,000 Computer Related Expenses 32,651 52,926 52,880 38,619 56,000 38,000 Publications 8,265 3,877 2,302 647 3,700 4,000 Professional Development 33,447 35,443 45,665 24,160 39,500 33,500 Meetings/Events 50,946 18,169 39,242 28,797 55,800 44,000 Capital Outlay-Operations 6,375 41 ,455 41,853 1,278 48,000 38,000 Capital Outlay-Building 212,443 88,369 7,450 0 8,000 10,000 Long Term Debt (Building Loan) 127,751 127,751 127,751 63,876 128,000 128,000 Allocation of Fringe/Indirect 0 0 0 Reserve for Operations Expense 404,045 392,967 565,843 0 637,988 637,988 Total Cash Outlays 3,636,674 3,686,922 3,933,671 1,607,985 4,277 ,538 3,672,533 Net Income/(Loss) -148,515 -11,081 72,145 48,141 0 0 Non-Cash Expenses: Depreciation 58,778 61,653 61,653 60,000 60,000 Total Expenses 3,291,407 3,355,608 3,995,324 1,607,985 4,337,538 3,732,533 3 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL PROPOSED BUDGET OCTOBER 1, 2009 TO SEPTEMBER 30, 2010 161 1 &rv , RPC Total TOTAL GENERAL Special MPO NEP RPC BUDGET Revenues Assessments 470.552 470,552 470,552 Federal/State/Local Grants 600,115 600,115 770,178 963,700 2,333,993 DrilMonitoring Fees 200,000 200,000 200,000 Interest/Mise 30,000 30,000 30,000 Carry Over Fund Balance'" 637,988 637,988 637,988 Total Income 1,138,540 800,115 1,938,655 770,178 963,700 3,672,533 Revenues E~enditure$ Direct: Salaries 547,662 480,000 1,027,662 300,000 350,000 1,677.662 FICA 122,000 122,000 122,000 Retirement 166,000 166,000 166,000 Health Insurance 180,000 180,000 180,000 Workers Compensation 8,000 8,000 8,000 Legal Fees 0 0 0 Consultant Fees 10,000 30,000 40,000 0 40,000 NEP Contractual 0 0 121,250 121,250 MPO Contractual 0 0 58,683 58,683 ! Audit Fees 47,000 47,000 47,000 Travel 19,000 6,000 25,000 8,000 15,000 48,000 Telephone 8,000 1,000 9,000 3,000 700 12,700 Postage 2,500 2,500 5,000 5,000 20,000 30,000 Storage Unit Rental 2,000 2,000 1,000 3,000 Equipment Rental 35,000 35,000 200 35,200 Insurance 35,000 35,000 35,000 Repair/Maint (Grounds/Bldg/Equip) 20,000 20,000 20,000 Printing/Reproduction 4,000 4,000 8,000 6,500 60,000 74,500 Utilities (Elee, water, garb) 25,000 25,000 25,000 Advertising 1,500 500 2,000 7,500 550 10,050 Other Miscelleanous 500 500 1,000 500 500 2,000 Office Supplies 12,000 3,000 15,000 5,000 3,000 23,000 Computer Related Expenses 27,000 5,000 32,000 2,000 4,000 38,000 Publications 2,000 2,000 1,500 500 4,000 Professional Development 15,000 10,000 25,000 1,500 7,000 33,500 Meetings/Events 8,000 4,000 12,000 2,000 30,000 44,000 Capital Outlay-Operations 15,000 5,000 20,000 3,000 15,000 38,000 Capital Outlay-Building 0 10,000 10,000 10,000 Long Term Debt 0 128,000 128,000 128,000 Allocation of Fringe/lndirect** -1,225,995 525,000 -700,995 365,995 335,000 0 Reserve for Operations Expense. 637,988 637,988 637,988 Total Cash Outlays 724 155 1214,500 1 938,655 770,178 963 700 3,672 533 Anticipated Net Income 0 0 Non-Cash Expense: Depreciation 60,000 60,000 60,000 Total Ex enses 784,155 1,214,500 1,998,655 770,178 963,700 3,732,533 *See note #2 _ As per the Auditors, the Fund Balance must be shown as 'carry over fund balance' in the revenue portion and as 'reserve for operations' in the expense portion of the budget. **See note #4. The Indirect rate prorates the overhead expenses incurred by the RPC over each active projecVagency. This is accomplished by a reallocation of the expenses from General to Special Revenue. These expenses include, but are not limited to, facility costs, office supplies, and support staff 2 .._...._.~-- __~__w_ ._~~ ~-~.~~- -~~---~~-~-,-- ....,.,-y . - .._..............._._.~". _~_~,.~.__..m'-._._"_______,_____'-.'"~ , " 161 'I' ~ ~ bru SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL REVENUE SOURCES October 1. 2009 throu h Se tember 30,2010 GENERAL REVENUES INTEREST ASSESSMENTS SPECIAL REVENUES 30,000 FED/STATE/OTHER 470,552 DRls/NOPCs 500,552 2,333.993 200,000 2,533,993 TOTAL REVENUES 3,034,545 Prior Year Fund Balance 637,988 MEMBER POPULATION ASSESSMENT Charlotte 165,781 49.73430 , ------- , " ". Collier 332,854 99,85620 ---- ." _n____ Glades 11,323 3,39690 , . , , u. - , Hendry_." 41,216 , 12,36480 ____n_ "----..- Lee 623.725 187,11750 ---- . -----00- u_, n Sarasota ; 393,608 , 118,08240 TOTAL ASSESSMENTS , 1,568,507 I 470,552.10 , , , , INTEREST AND MISC , 30,00000 TOTAL GENERAL REVENUES i 1,568,507 I 500,552.10 SPECIAL REVENUES DCA. GENERAL AND OTHER ----- -- --...- ,- DCA. TITLE III '_n..____ __ ___ _ __ ____ _on' HM_EP/SQG/DISASTERf'ROQS.I " ECONOMIC DEVELOPMENT ~--- FEDERAUSTATE DRI OTHER TOTAL 125,000 , 125,000 , C n ..- --..,--- ___n_____'.______ , 40,909 ,.., i 40,909 , , , - - ___on , 52,546 , 20,000 I, un 72,546 , _____un . . , ----- - , ---- -, 53,000 i 10,000 63,000 1--- ---- , ---------.. ----- I 64,000 , , 64,000 . . ------ ., . ---- ., n. - 156,667 , 77,994 234,660 492,122 , 107,994 600,115 , , 200,000 200,000 , , . - i - , ---- , --..-- . . , .. -- --- " , 492,122 200,000 107,994 ; 800,115 -------- ------- . _____0.__--_- . - - --- -, - 1---- ------- . 697,800 72.378 770,178 , , . m , ---- , - " - -...- 481,850 481,850 I 963.700 , ; , 1,671,772 200,000 662,222 , 2,533,993 , TOs --..---------- OTHER (Wetlands/Mise. Grants) ______ __n______u____ --- - , FEDERAUSTATE/OTHER: ________ __ __ __ ___on __.._ DRlslNOPCs , i RPC SPECIAL REVENUES MPO ---------..--... CHNEP TOTAL SPECIAL REVENUES i * Assessments based upon offiCial Bureau of Business and Economic Research population estimates Assessments are estimated at 30 cents/capita as provided for in the Council's Interlocal Agreement, adopted November 8, 1973. 1 . " 16, 16'V ANNUAL BUDGET CONTENTS Pages Sources of Revenue 1 Proposed Budget for the upcoming fiscal year only 2 Comparsion of fiscal years - for RPC, MPO, NEP, and Combined: 3 prior years actual, YTD and adopted current budget, proposed budget As requested, a line has been added to reflecUanticipate net income or loss. 3 to 6 Comparsion of fiscal years - in a five year format: Adopted current budget, proposed budget as part of a five year plan 7 to 10 Facts to be noted for this Annual Budget includes: Pertinent notes, Reserved FB status, and a comparsion of fringe and indirect rates for the purposed, current, and past 4 years. 1 1 Graphs: Pie Chart to reflect distribution/percentage of the 3 main entities Pie Chart to reflect distribution of revenue Bar Chart reflecting expenses in the comparsion of ActuallYTD/Budgeted 12 Pie charts - Comparsion of this fiscal year to next year for the 3 entities 13 Calculation of the Indirect/Fringe Rates Policy 14 Capital Assets Policy 15 Capital Asset Disposal - Computer Disposal Policy 16 ,- -~.._-- . D''''"_'_"__~,_'_'''~''~~~_<~~__~'''' , _..._-,,'"-_..----,'"'""'"'~,.,..--..- _,,..,,_.~.__"~,~._~._.__,._.".~,_"__,_.,__.~_.._.. ___.n_ , 161 Agenda Item # I &/}/ ANNUAL BUDGET FY 2009/2010 Management Judgement and Report In accordance with the Council's rules, the annual budget recommendations for the fiscal year beginning October 1, 2009 and ending September 30, 2010, are hereby presented for Council consideration The Budget is being presented as part of a 5 year plan as per the recommendation of the Auditors. The Budget reflects the distribution between the three main entities - The RPC, MPO, and NEP. Also included are the Calculation of the Indirect/Fringe Rates and the Capital Assets policies for your information. RPC revenues and expenditures are consistent and reflect a conservative appraisal of ongoing and forecasted activities, Expenditure programs include various Grants/Contracts as awarded, monitoring and reviewing DRls, continued reimbursable support for MPO and the CHNEP, and various local plan review activities. On April 1, 2009, the Executive Committee met to review this budget: Discussion was held regarding salary, reserves, and sources of replacement income. The Committee agreed with staff recommendations that there should be no cost of living or merit increases. Reserves should continue to increase rather then be used at this time, Additional sources of income will be researched and, as they become available, the budget will be amended to reflect the changes. Line items of Health, Retirement, MPO and NEP Contractual were to be reviewed by staff and reported back to the committee Health insurance - Retirees have dropped off our plan and it is anticipated that this will keep our premium in the same current range. In the past few years, we have kept our rate increases low by adjusting coverages, However, if premiums increased sufficiently, we may offer 2 plans to our employees. If they opted to keep the better coverage, they would contribute to the premium. Retirement - is based on salaries, with no increase in salaries or anticipated increase in retirement rates, there should be no sufficient increase. The plan funding status from FRS states that funds are quaranteed and are 106% funded as indicated by the 2007-08 Annual Investment Report, The RPC reflects a 10% decrease in the annual budget There are no cost of living or merit increases included nor are there any vacant positions or salary adjustments included. Other decreases include researching more economical vendors and an overall cut in spending, As submitted by the Program Managers, the CHNEP budget reflects a 19% decrease and the MPO budget reflects a 18% decrease from the prior year. Both these budgets are multi-year budgets, The decreases are mainly due to a reduction in their contractual lines. NEP has cut two projects resulting in a reduction of $119,500 MPO will be adding any 'carry-over' funds from their 2008-2009 budget and will amend the 2009-2010 budget to include the carry over as well as additional grant funding. Please take note that review and adoption of the Annual Budget must be completed by August 15th of each year according to the Interlocal Agreement of the SWFRPC. Fiala Halas . Henning Coyle Coletta F ~Jj-(" 16! 1 0?J ~ November 20, 2009 ~ RECEIVED MINUTES OF THE HEARING OF THE COLLIER COUNTY DEe 1 4 2009 SPECIAL MAGISTRATE . Hoard of County CommiSSioners Naples, Florida, November 20, 2009 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in the Collier County Community Development and Environmental Services ("CDES") Building at 2800 North Horseshoe Drive Naples, Florida, with the following persons present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Misc. Cotres: Date: 0 [/').0/1 D 'tem#10r:L l) R '3 .- : ,'~nIPC; 'r,\ _ .....v,.J, ALSO PRESENT: Jennifer Waldron, Code Enforcement Supervisor Michele McGonagle, Administrative Secretary I -- -,._-----'"---_._.._~.__...._..'"-- -~_._,._.,~._-_._._,.-_....._._~~~~.-_...._~-~,_._...._,._, __'""__.....<.__""__,_.~~_..~.~~_..~.__=..__,.~.__..T..._"~..._,,,,__"__~..__,.,.."__...^_ , 161 1 01 November 20, 2009 I. CALL TO ORDER The Hearing was called to order at 9:00 AM by the Honorable Special Magistrate Brenda Garretson. All those testifying at the proceeding did so under oath. A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents were given an opportunity to speak with their Investigating Officer(s) for a Resolution by Stipulation; the goal is to obtain compliance without being punitive. RECESS: 9:14 AM RECONVENED: 9:35 AM II. APPROVAL OF AGENDA Jennifer Waldron, Code Enforcement Supervisor, noted the following changes: (a) Under Item V (A), Stipulations were reached in the following cases: . Agenda #3, Case #CENA 20090014230 - BCC vs. Eduardo & Maria Rodriguez . Agenda #7, Case #CEPM 2009003953 - BCC vs. Arnoldo & Josephine Ayala . Agenda #8, Case #CEPM 20090011623 - BCC vs. Guillermo Gorostieta & Susana Mora (b) Under Item V (B), "Hearings," the following cases were DISMISSED by the Park Ranger: . Agenda #1, Case #PR 003318 - CEEX 20090016977 - BCC vs. Gregory Yanda . Agenda #2, Case #PR 000297 - CEEX 20090016975 - BCC vs. Richard MacClugage (c) Under Item V (B), "Hearings," the following cases were WITHDRAWN by the County: . Agenda #4, Case #CEPM 20080003112 - BCC vs. Jawed Dass & Mussarat Jawed Dass . Agenda #6, Case #CEPM 20090004287 - BCC vs. Adam Canales & Maria Garza (d) Under Item V (B), "Hearings," the following case was DISMISSED by the County: . Agenda #5, Case #CEV 20090013807 - BCC vs. Joseph Tanner (e) Under Item VI (A), "Motion for Imposition of Fines," the following cases were WITHDRAWN by the County: . Agenda #4, Case #CENA 20090010129 - BCC vs. James S. LOlley 2 '_m_>__"_~.,._.."_. '~_~__,._...____~,.__~.__.~.,.'''_'' ^,,".' . "._;--,~-,-,--,-"-"",-,,,,,,,,,,"-,,,=,,-"-""---~-'~"" ,._..,..,,---,.,--~_._-_... -~'""----- 161 1 f9~ November 20, 2009 . Agenda #5, Case #CEROW 20090003650 - BCC vs. Elmar Robert Aponte & Sylvia Lopez (d) Under Item VI (A), "Motion for Imposition of Fines," the following cases were DISMISSED by the County: . Agenda #1, Case #2007050444 - BCC vs. Ronald & Nanette Brija . Agenda #2, Case #CEV 20090008539 - BCC vs. Lociana Dorilus, Lyta Iste, & Ifaussa Dorilus . Agenda #3, Case #CEV 20090005100 - BCC vs. Maria C. Zuluaga The Special Magistrate approved the Agenda as amended, subject to changes made during the course of the Hearing at the discretion of the Special Magistrate. III. APPROVAL OF MINUTES - November 5, 2009 Correction: . Under Item V, "Hearings," in Agenda #8, Case #CEPM 20090005344 - BCC vs. Edward Slasienski, the correct amount of the fine is $200 per day, . Under Item VI (A), "Imposition of Fines," in Agenda #1, Case #CEPM 20090008987 - BCC V.I. Jerry & Susan Currie, the correct amount ofthe fine is $4, I 00 (not $41,000), and the correct total amount due is $4,217.96 (not $41,217,96). The Minutes of the Special Magistrate Hearing held on November 5,2009 were reviewed by the Special Magistrate and approved as amended. IV. MOTIONS A. Motion for Reduction/Abatement of Fines - None B. Motion for Extension of Time - None V. PUBLIC HEARINGS A. Stipulations: 7. Case #CEPM 20090003952 - BCC vs. Arnoldo & Josephine Ayala The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. Respondent, Arnoldo Ayala, was present. Josephine Ayala was no1 present, Delilah Bean appeared as a friend of Respondent Arnoldo Ayala. Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI, Section 22-231, Subsections 12C, 121, 12L, 120, 12P, 19 and 20 Rental unit with several Minimum Housing violations Folio No: 81680760006 3 ,-.. ..--....--..--- _.__..._-""-,,-~,--"-~ ..... _."~.._.~..........__."~ .,....~~_ ---""__._,,,",,__,,~._""___.' "_._'~__M_"'_" 16~ 1 I'J~ November 20, 2009 Violation Address: 224 3rd Street, Immokalee Respondent, Arnoldo Ayala, resides at 401 Jefferson Avenue, Immokalee, Florida 34142, A Stipulation was entered into by Respondent, Arnoldo Ayala, on November 20, 2009. Respondent stated he did not know ifhis wife was aware of the Hearing, Supervisor Waldron stated the Notice of Hearing was posted at the property and the Courthouse on November 9, 2009. The Special Magistrate stated suijicien/ Notice was provided to both Respondents based on the requirements of the Ordinance. Investigator Mucha stated the violations have not been abated. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation and ordered to either repair the violations cited in the Property Maintenance Inspection Report dated Apri/6, 2009, on or before January 20, 2010, or hire a General Contractor and obtain a Collier County Demolition Permit, all required inspections and a Certificate of Completion on or before January 20, 2010, or afine of $250. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondents have not complied by the deadline, the County is authorized to abate the violation and assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $112. 69 on or before December 20, 2009. The Respondents are to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. Total Amount Due: $112.69 3. Case #CENA 200900014230 - BCC vs. Eduardo & Maria Rodrie:uez The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. Respondent, Eduardo Rodriguez, had been present earlier but left before the case was heard, Violations: Collier County Code of Laws & Ordinances, Chapter 54, Article VI, Section(s) 54-179 & 54-181 Litter consisting of, but not limited to, dilapidated wooden shed, bottles, cans, tires, jacks, gas cans and mechanical tools all stored outside of residential zoned property 4 --,.,._...,-----~,. . . ..~. ..^"~_.^.....".. -~.~- ....~-."".---_." ,-,-,--<,_.- .", Nol~e)20, 201 {b~ Folio No: 22670600009 Violation address: 3600 Poplar Way, Naples A Stipulation was entered into by Respondent, Eduardo Rodriguez, on behalf of his wife, Maria Rodriguez, and himself on November 20, 2009. Investigator Keegan stated he verified with Mr. Rodriguez that his wife was aware of the Hearing and he represented her when he signed the Stipulation, Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation and ordered to either remove all litter to an appropriate waste disposal facility, or store items in a completely enclosed structure on or before November 25,2009, or afine of $100.00 per day will be imposedfor each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by Contractor bid-out and assess the costs to the Respondents. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $112.42 on or before December 20, 2009. The Respondents are to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. Total Amount Due: $112.42 8. Case #CEPM 20090011623 - BCC vs. Guillermo Gorostieta & Susana Mora The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondents were also present Gerardo Ruiz served as translator for his parents, Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI, Section 22-231, Subsections 1,9,121, 12L, 12P, 19 and 20 Mobile home being used for rental purposes with several Minimum Housing violations Folio No: 00769320005 Violation address: 17050 Lockhart Drive, Naples The Respondents reside at 17046 Lockhart Drive, Naples, Florida, A Stipulation was entered into by the Respondents on November 20, 2009. Finding the Notice of Hearing was properly served, the Respondents were found 5 ". ._._.~,_ ._~._.__.___".____.,..._"_...._..____'~~_'_,.,-".~'=_~<_~""'" ..,_~_,._....,__.'mw."_.,__",__,.,,~.,~.,.<~H"___~~~."___.-.--,- ,...- '-'-"""-~"'~'-~'~"" _._~-- Novel~J 20091 0'6 GUILTY of the alleged violation and ordered to either hire a licensed General Contractor and obtain a permit to repair the violations citied on the Property Maintenance Inspection Reported dated August 27,2009, all required inspections and a Certificate of Occupancy on or before March 20, 2010, or hire a licensed General Contractor and obtain a Collier County Demolition Permit to demolish the mobile home, all required inspections, and a Certificate of Completion on or before March 20, 2010, or afine of $250. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 1fthe Respondents have not complied by the deadline, the County is authorized to abate the violation by Contractor bid-out and assess the costs to the Respondents. Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office to enforce the terms of the Stipulation. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $112.75 on or before December 20, 2009. The Respondents are to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. Total Amount Due: $112.75 9. Case #CEPM 20090008287 - BCC vs. Eleazar & Maria Rangrl The Hearing was requested by Collier Coun1y Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present. Violations: Collier County Code of Laws & Ordinances, Chapter 22, Article VI, Section 22-231, Subsections 9, 12C, and 121 Vacant mobile home with broken windows and exterior electrical outlet that needs repair, and de1ached garage with roof damage Folio No: 00765040004 Violation address: 17051 Lockhart Drive, Naplcs Supervisor Waldron noted the Notice of Hearing was posted at the property and the Courthouse on November 6,2009, Investigator Mucha introduced two photographs, dated June 8, 2009, which were marked as County's Composite Exhibit "A" and admi1ted into evidence. He stated the Respondents reside out of state and the property may now be occupied by the Respondents'daughter. Some repairs have been made to the windows, but the damaged roof remains, Finding the Notice of Hearing was properly served, the Respondents were found GUlL TY of the alleged violation and ordered to hire a licensed General Contractor and obtain a permit to repair the garage roof, all required inspections and a Certificate of Occupancy/Completion on or before January 20, 2010, or a fine of 6 _ _'_"~"___"~'~_"____"""~_'~_._'_'~''''_'_ ."",",___,~-'___"''''''_'x"",,___ .-.-_.,~..,....~_"__.....,c__,__.,__"~""""__,.".-.~.,___~,,,_. ...,~.~_.,"~,....~",_~_.",.'>'M"_"'_.^""_~~~______'_"__...,',--, ...._,--~ 1611b?Y November 20, 2009 $250.00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by Contractor bid-out and assess the costs to the Respondents. Ifnecessary, assistance may be requestedfrom the Collier County SherijJ's Office to enforce the provisions of the Order. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $1/2.36 on or before December 20, 2009. The Respondents are to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator peiform a site inspection to confirm compliance. Total Amount Due: $1/2.36 C. Emergency Cases: None VI. NEW BUSINESS A. Motion for Imposition of Fines: The cases were either Dismissed or Withdrawn, as stated under Item II, "Approval of the Agenda." VII. OLD BUSINESS A. Motion to Amend Previously Issued Order I. Case No.: CEPM 20080011393 Owner: Diane L. Mathieu, John R. Mathieu, Diane L. Mathieu Rev. Tr. UTD 7-12-02 Officer: Investigator John Santafemia Violation: Ord, 04-58, Sec, 12 Existence of a dangerous building Violation address: 427 Willet Avenue, Naples, FL Folio No,: 27586840000 Supervisor Waldron stated the County was requesting to correct the amount of the fine to $14,986,00 to eliminate a previously included administrative fee, The Special Magistrate GRANTED the County's Motion. VIII. CONSENT AGENDA: A. Request to Forward Cases to County Attorney's Office as referenced in the submitted Executive Summary. The Special Magistrate reviewed the four cases identified in the Executive Summary and GRANTED the County's request tofiJrward the referenced cases to the County Attorney's Office. 7 " ""_""_~N_..,._.___~,,__~.._.~ ~_~_._ _~_, _~.__-.-...-'__,'~.... '~''''''''''..M._~".,.,........."o....._._~,_ .._,_,~"__..,,,,,",~,,,,,_,,,,,~,,,,-"-,,.<~____~__.,".~_.,,.."..,, ...._..,,_.. 16' November 20, 2009 B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases referenced in the submitted Executive Summary. None IX. REPORTS: None X. NEXT HEARING DATE - December 4, 2009, at 9:00 AM, located at the Collier County Community Development and Environmental Services ("CDES'') Building at 2800 North Horseshoe Drive, in Conference Room 609-610 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 10:25 AM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING , pecial Magistrate The Minutes were approved by the Special Magistrate on as presented , or as amended V ' ke~ ~ delO" \ , 8 ^_'_~.-"-->_'^"-_._-'~-'--"_._~ - -",--~",-_.....-.,.,"",~,,,_..,-,~=,,.~.,.._~.._~.,,,,-",,"~-,....,,,.,,~,,._~..-.",.-~-~,------_.~-_._..~-_.,._-,--. -." 1 ~p) .-